Agenda packet — Porterville City Council, July 21, 2026 (part 3 of 5)

I INTRODUCTION AND OBJECTIVES:

The City of Porterville (hereinafter referred to as ''CITY'') is requesting statements of qualifications (SOQs) to establish a list of competent consultants to provide on-call right of way and appraisal services for multiple Capital Improvement Projects through task orders on an asneeded basis.

The services to be rendered would consist of, but not be limited to, the preparation of appraisal and acquisition documents and other related items as necessary to comply with the Uniform Act, and would be utilized on a number of projects identified in the City’s Capital Improvement Plan that require specialization outside the scope that the Department is able to perform with its own staff.

Although the Planning and Engineering Director or designee will review the consultant’s work, the selected consultant must have substantial working knowledge of the Uniform Relocation and Real Property Acquisition Policies Act and state eminent domain law, and possess appropriate appraisal licenses in accordance to the degree, complexity and value of the appraisal required.

Lastly, in response to increased regulatory guidance from Caltrans for state and federally funded transportation projects, consultants must possess the ability to prepare all documents in a manner compliant with Caltrans’ Local Agency Procedures and Right of Way Manuals.

II EXAMINATION OF REQUEST FOR QUALIFICATIONS (RFQ) DOCUMENTS:

By submitting a SOQ, each CONSULTANT represents that it has thoroughly examined and become familiar with the work required under this RFQ and that it is capable of performing quality work to achieve the objectives of CITY.

III ADDENDA/CLARIFICATIONS:

Any CITY changes to this Request for Qualifications (RFQ) will be made by written addendum.

No verbal modification shall be binding.

IV SOQ REQUIREMENTS:

Submissions to this RFQ must be in the form of a “response package” and shall be received by the City of Porterville by 4:00 p.m., on Friday, September 18, 2026, via the Public Purchase website.

The City reserves the right to reject any and all SOQs, which do not meet the requirements of this RFQ and/or any portion of the requirements of this project.

V PRE-CONTRACTUAL EXPENSES:

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CITY shall not be liable for any pre-contractual expenses incurred by CONSULTANT in the preparation of proposals. Pre-contractual expenses shall not be included in the cost proposal.

Pre-contractual expenses are defined as expenses incurred by the CONSULTANT in:
1) preparing and reproducing its proposal in response to this RFQ; 2) submitting its proposal to CITY; 3) negotiating with CITY any matter related to this RFQ and CONSULTANT's proposal; 4) other matters prior to the date of award of a Contract.

VI EXCEPTIONS/DEVIATIONS:

Any exceptions to the requirements of this RFQ must be included in the CONSULTANT's SOQ.

Such exceptions must be included as a separate element of the statement entitled “Exceptions and Deviations.”
VII CONSULTANT REPRESENTATIVE:

The CONSULTANT shall assign a responsible representative, “project manager” and an alternate, both of whom shall be identified in the SOQ. The CONSULTANT's project manager shall remain in responsible charge for the duration of the project. Should the CONSULTANT's project manager be unable to continue with the project, the CONSULTANT's alternate shall become the project manager. No personnel changes will be acceptable without prior approval by CITY. CITY reserves the right to reject any changes in personnel at any time during the course of this project. CITY also reserves the right to terminate the contract if, in the opinion of CITY, substantial changes in project management may jeopardize the successful completion of this project to the satisfaction of CITY.

VIII LOCAL AGENCY REPRESENTATIVE:

Clayton Dignam, Acting Planning and Engineering Director, shall be the Contract Administrator and contact person for all communications with CITY.

IX INSURANCE REQUIREMENTS:

The CONSULTANT shall maintain and provide current copies to CITY of the following minimum insurance coverage for the duration of this project:

1. Full liability under Worker’s Compensation laws of the State of California

2. Bodily injury and property damage insurance in the amount not less than Two Million Dollars ($2,000,000) per occurrence; and

3. Errors and Omissions insurance of Two Million Dollars ($2,000,000) minimum per occurrence, if deductible for Errors and Omissions insurance is Fifty Thousand Dollars ($50,000) or more, the City may require a Surety Bond for the deductible; and

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4. Automotive liability in the amount not less than Two Million Dollars ($2,000,000) per occurrence; fully protecting CITY, its elected and appointed officers, employees, agents and assigns, against all claims arising from the negligence of CONSULTANT and any injuries to third parties, including employees of CITY and CONSULTANT.

X INDEMNIFICATION:

The CONSULTANT shall indemnify, defend, and hold harmless CITY, its elected and appointed officers, employees agents from and against any and all claims, including attorney's fees and reasonable expenses for litigation or settlement, for any loss, damages, bodily injuries, and loss of property caused by negligent acts, omissions, or willful misconduct by the successful CONSULTANT and its subconsultants arising out of performance of the requirements of the Contract.

XI SUBCONTRACTING:

Only those firms identified in the Contract as subcontractors or subconsultants shall be allowed to perform work for this project. Any amendments to this requirement shall be made in writing by prime CONSULTANT to CITY. CITY has the right to reject any requested amendments at any time during the course of this project.

XII FEDERAL, STATE, AND LOCAL LAWS:

The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, ordinances, and statutes. In accordance with federal-aid funded projects, Disadvantaged Business Enterprise (DBE) requirements must be met. The DBE participation goal percentage will be established on a project-by-project basis. In addition, contracts shall not be awarded to a consultant without an adequate financial management and accounting system as required by 48 CFR Part 16.301-3, 2 CFR Part 200, and 48 CFR Part 31.

XIII SOQ EVALUATION CRITERIA:

Evaluation criteria used to select the CONSULTANT shall include, but not be limited to, the following:

A. Firm(s) experience with similar projects;
B. Firm(s) key personnel qualifications/certifications and experience, especially the project manager and individuals performing services;
C. Firm(s) understanding of the project requirements;
D. Firm(s) ability to provide the required services in a timely and cost-effective manner to meet the required schedule;
E. Firm(s) policy in providing Equal Employment Opportunity; and

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F. Firm(s) approach to provide the best product for CITY.

The attached CITY’S Consultant Selection Rating Form shall be used to rate each firm.

XIV CONSULTANT SELECTION AND INTERVIEWS:

CITY selection committee, consisting of the Contract Administrator and at least two additional staff members familiar with the project requirements, will review all SOQs and rank CONSULTANTs according to their demonstrated competence and professional qualifications as assessed by their response to this RFQ and the evaluation criteria contained in the CITY’S Consultant Selection Rating Form. The highest ranked CONSULTANT(s) may be invited for oral interviews with CITY team. Interviews, if deemed necessary by CITY, are tentatively scheduled for the week of October 5, 2026. Each participating firm will be contacted via telephone for verification of interview date and time. Failure to be available at the time of a scheduled interview shall be considered non-responsive and shall be cause for elimination from any further consideration. CITY reserves the right to begin negotiations and enter into a Contract without interviews or further discussion.

XV COST PROPOSAL:

The cost proposal shall not be submitted until requested by the CITY. Negotiations with the topranked candidate(s) may begin immediately. If an agreement cannot be reached within ten (10) working days, CITY may begin negotiations with the next selected candidate(s) and proceed. If necessary, this process will continue until either an agreement is reached or CITY elects to readvertise for new proposals. CITY reserves the right to reject any and all proposals prior to award of a Contract.

XVI CONTRACTS/AGREEMENTS:

The successful CONSULTANTs shall enter into upcoming Contracts with CITY that are based on the contents of this RFQ, the CONSULTANT's proposal, and CITY Contract. Where two or more CONSULTANTs desire to submit a single proposal (joint venture), only one CONSULTANT shall be listed as prime CONSULTANT. All others shall be listed as subconsultants. The list of chosen on-call CONSULTANTs is expected to be presented at the City Council meeting scheduled for Tuesday, October 20, 2026. Issuance of this RFQ and receipt of proposals does not commit CITY to award a Contract. CITY reserves the right to postpone award of a Contract for its own convenience, accept or reject any or all proposals received in response to this RFQ, negotiate with any CONSULTANT on the chosen on-call list, and cancel any or all portions of this RFQ and resulting Contract. CITY also reserves the right to award individual or groups of projects to different firms at the sole discretion of CITY.

XVII COMPENSATION:

A. All items of work required for completion of the projects to result from this RFQ shall be

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paid for following the cost proposal formats of Caltrans’ LAPM Chapter 10. Costs for any and all items not specifically listed, but required to complete the work for projects (including all exceptions and deviations stated included in CONSULTANT's proposal), shall be included as part of the total cost proposed. No additional compensation shall be paid for such items. No additional compensation shall be given for any reproduction costs, except those in excess of the requirements stated in this RFQ. Only a change in scope or any significant task addition or increase shall receive consideration for additional compensation.

B. lf the CONSULTANT feels that any work it has been directed to perform is beyond the scope of the Contract and constitutes extra work, it shall notify CITY in writing within ten (10) days. CITY will review such notice and, if justified, authorize additional compensation to the CONSULTANT on a fair and equitable basis.

C. Monthly progress payments will be made to the CONSULTANT only upon submittal of invoices to CITY. Said invoice shall indicate the percentage completion of each task, as well as the overall percentage completion of the entire project. In addition, an updated schedule showing tasks and their degree of completion shall be provided.

XVIII OWNERSHIP OF REPORTS AND DOCUMENTS:

Originals of all documents, letters, drawings, design calculations, estimates, specifications, and other documents and data produced under the terms of the Contract shall become the property of CITY. CITY shall retain all rights in copyright. Copies may be made and retained by the CONSULTANT for its records, but shall not be furnished to others without the written consent of CITY for a period of three (3) years from the date of acceptance, by CITY, of all requirements of this project.

XIX STATEMENT OF QUALIFICATIONS (SOQ) FORMAT AND CONTENT:

SOQs shall be brief and include a concise address of the following information:

A. Firm Experience:

1. A brief list of similar projects completed in the last five (5) years, indicate the specific relationship if other than principal and each firm's responsibilities.

Descriptions of pertinent experience should include a summary of work performed, adherence to schedules, the duration of each project, and the name, title, and phone number of clients that may be contacted for reference.

2. Other information that might aid CITY in ascertaining proposing firm's qualifications.

B. Consultant Team:

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Name of prime consulting firm, subconsultant(s), names of principals, associates, project manager, and key personnel, their proposed level and areas of responsibility, and their qualifications/certifications in those areas. The CONSULTANT's Project Manager and key personnel will be an important factor considered by CITY.

1. Any changes to personnel assigned to this project shall be made in writing to CITY. CITY reserves the right to reject any proposal with modified personnel.

2. If subconsultants are used, names of subconsultant's key personnel for the project, their professional experience, qualifications/certifications, and training, which are applicable to this project, and the scope of services that will be provided by each subconsultant.

3. The office location from which the CONSULTANT(s) shall operate along with telephone and/or cell number of the project manager.

C. SOQ Format:

1. SOQs shall contain no more than twenty (20) pages, excluding cover sheet, table of contents, index sheets, and resumes. Cover letters will be counted as part of the twenty pages.

2. SOQs should include, but not be limited to, the following:
a. Page numbering;
b. Table of Contents, if applicable;
c. Identification of offering firms, including name, address, and telephone number of each firm;
d. Prime CONSULTANT organizational chart, which includes subconsultant(s) with names and titles of personnel to be used for this project; e. Acknowledgment of receipt of RFQ addenda, if any;
f. Concise, complete response to the technical aspects requested in the “Right of Way Consultant Qualifications and Selection Criteria”; and g. Exceptions to or deviations from the requirements of this RFQ, separating technical exceptions from contractual exceptions. Any alternative approach proposed by the CONSULTANT shall be thoroughly explained and shall meet the objectives of CITY.

CONSULTANT SELECTION RATING FORM
Project Name: Property Acquisition ROW Consultant
Evaluation Factor
Rating Factor
Numerical Range &
Weighting Based on
Importance of Factor
Score Score Score Score Score Score Score
a. Capability to perform all or most aspects of the project. 0-10 b. Recent experience in projects comparable to the proposed 0-10 c. Firm’s reputation for professional integrity and competence. 0-5 d. Key personnel’s professional background and caliber. 0-10 e. Adequate qualified personnel available for assignment to the 0-5 f. Recent experience in specialized areas of expertise
associated with the project. 0-5
g. Demonstrated ability to meet schedules or deadlines. 0-10 h. Demonstrated ability to complete projects without having major cost escalations or overruns. 0-7
i. Qualifications and experience of outside consultants regularly engaged by the consultant under consideration. 0-10
j. Quality of project previously undertaken. 0-10
k. Familiarity with and proximity to the geographic location of the 0-5 l. Capability of a branch office, which will do the work to perform independently of the home office, or conversely, its capability to obtain necessary support from the home office.
0-3
m. Demonstration of an understanding of the project’s potential problems and the City’s special concerns. 0-5
n. Degree of interest shown in undertaking the project. 0-3 o. Evidence that consultant is an equal opportunity employer. 0-2 TOTAL SCORE: Maximum Points
Possible = 100
Total Ranking Value of all Evaluators:

FINAL RANKING:

FIRM

DRAFT ON-CALL CONSULTANT SERVICE AGREEMENT
DATE: _________________
PARTIES: City of Porterville, a California municipal corporation, hereinafter referred to as "CITY"; and __________________, hereinafter referred to as "CONSULTANT".

RECITALS: CITY has undertaken a project on which it is seeking assistance from CONSULTANT. Said project which will hereinafter be referred to as "project" is described as follows:

Project Name: On-Call Right of Way and Appraisal Consultant Services
Description of Project: Provide on-call right of way and appraisal consulting services with [insert consultant name here], and their approved sub-consultants. Work will be defined on a task order basis per project. Task Orders will include project specific scope, schedule, and fee.

AGREEMENTS: IN CONSIDERATION OF MUTUAL COVENANTS AND
AGREEMENTS HEREINAFTER set forth the parties hereto do
contract and agree as follows:

SECTION 1. CONTRACT SERVICES:

CONSULTANT hereby agrees to provide services and materials as defined in task orders approved through the term of this contract, based on qualifications defined in Exhibit A, Statement of Qualifications for On-Call Right of Way and Appraisal Services, as provided by CONSULTANT in connection with the above-described project.

SECTION 2. PAYMENT:

Progress payment requests shall be itemized, identify the project budget, budget balance and shall reference the completion of tasks associated with the billable hours, and submitted by the 25th of each month. CONSULTANT should receive payment within 30 days of the date the bill is received.

In consideration for said services and materials, CITY shall pay CONSULTANT on an hourly basis as defined in future task orders and detailed in Exhibit B (Rate Schedule). Direct costs such as travel, postage, printing, etc. will be specifically identified in the cost estimate independent of the hourly rates. In the event the contract is extended for any period of time, the cost for services must be agreed upon by both parties.

SECTION 3. COMPLETION DATE:

The services to be performed by CONSULTANT will be commenced upon execution of a given task order and all work directives shall be completed in a timely manner. This contract will be in effect for three (3) years from November 9, 2026. This contract can be extended for one (1) year after the expiration date, upon mutual written agreement by both parties.

CONSULTANT shall not be responsible for delays which are due to causes beyond the CONSULTANT'S reasonable control. In the case of any such delay, the time of completion shall be extended accordingly in writing signed by both parties.

SECTION 4. FAMILIARITY WITH PROJECT:

CONSULTANT agrees that it will rely on its own findings and research to perform the services required under this agreement and will not rely solely upon opinions or representations of CITY unless CITY is the only available source of said information. CONSULTANT shall become familiar enough with project details to independently perform its services in conformance with the normal standard of care for such projects.

SECTION 5. INDEPENDENT CONTRACTOR:

It is expressly understood that CONSULTANT is entering into this contract and will provide all services and materials required hereunder as an independent contractor and not as an employee of CITY.

As an independent contractor, the consultant will obtain and maintain an active City business license.

SECTION 6. INSURANCE REQUIREMENTS:

CONSULTANT specifically warrants that it will have in full force and effect, valid insurance covering:
i. Full liability under Worker’s Compensation laws of the State of California ii. Bodily injury and property damage insurance in the amount not less than Two Million Dollars ($2,000,000) per occurrence; and
iii. Errors and Omissions insurance of Two Million Dollars ($2,000,000) minimum per claim and in the aggregate; and if deductible for Errors and Omissions insurance is Fifty Thousand Dollars ($50,000) or more, the City may require a Surety Bond for the deductible or a financial guarantee of CONSULTANT'S agreement to satisfy the deductible; and
iv. Automotive liability in the amount not less than Two Million Dollars ($2,000,000) per occurrence; fully protecting CITY, its elected and appointed officers, employees, agents and assigns, against all claims arising from the negligence of CONSULTANT and any injuries to third parties, including employees of CITY and CONSULTANT.

SECTION 7. INDEMNIFICATION:

Indemnity for Professional Liability: To the fullest extent permitted by law, CONSULTANT shall indemnify, protect, including reimbursement of the reasonable cost to defend and hold harmless CITY and any of its officials, employees and agents from and against any and all third party liability (including liability for losses, damages, costs, and expenses, including reimbursement of reasonable legal consultant’s fees and costs but only to the extent of CONSULTANT’S (and its Sub- Consultants) negligence, recklessness, or willful misconduct in the performance of professional services under this agreement as determined by a court of competent jurisdiction or as agreed upon by the parties in settlement.

Indemnity for Other than Professional Liability: Other than in the performance of professional services and to the fullest extent permitted by law, CONSULTANT shall indemnify, defend, and hold harmless CITY, and any and all of its employees, officials, and agents from and against any third-party liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged, or threatened, including reasonable legal Consultant’s fees and costs, court costs, interest, defense costs, and expert witness fees), to the extent it arises out of the Consultant’s negligence or willful misconduct in performance of this Agreement by CONSULTANT for which CONSULTANT is legally liable, including, but not limited to officers, agents, employees, or subcontractors of CONSULTANT, except and to the extent such losses are caused by the sole negligence or willful misconduct of the CITY.

SECTION 8. WORKMANSHIP AND MATERIALS:

Every part of the work herein described shall be executed in a professional manner with competent, experienced personnel. Finished or unfinished material prepared under the agreement, prepared by CONSULTANT, shall become property of CITY. CONSULTANT hereby warrants that any materials prepared under this agreement shall be fit for the intended use as expressly defined in the Scope of Services.

Documents, including drawings and specifications, prepared by CONSULTANT pursuant to this agreement, are not intended or represented to be suitable for reuse by CITY or others on extensions of projects or on any other project. Any use of the completed documents for other projects and any use of incomplete documents without the specific written authorization from CONSULTANT will be at CITY’S sole risk and without liability to CONSULTANT. Further, any and all liability arising out of changes made to CONSULTANT’s deliverables under this Agreement by CITY or persons other than CONSULTANT is waived as against CONSULTANT, and the CITY assumes full responsibility for such changes made by the CITY or its agents unless the CITY has given CONSULTANT prior notice and has received form CONSULTANT written consent for such changes.

To the extent that the work required of CONSULTANT includes the preparation of design documents, CONSULTANT shall have a duty to prepare said design documents free from defects. To the extent that work required of CONSULTANT includes the provision of intellectual property to CITY, CONSULTANT warrants that it has ownership of said intellectual property being provided to CITY.

SECTION 9. ASSIGNMENT OF CONTRACT:

It is acknowledged by the parties that CITY has entered into this contract with the express understanding that all work will be performed by CONSULTANT or CITY approved sub-consultant. CONSULTANT shall not, without the written consent of CITY, assign, transfer or sublet any portion or part of this work, nor assign any payments to others. Further, the principals involved and identified in the proposal are integral to the performance of the scope of services and shall not change or be replaced without first obtaining prior written approval from the City of a replacement(s) in the completion of the work effort. CONSULTANT must request and receive written approval from the CITY of any and all sub-consultants intended for any project, prior to commencement of work on the project, and said approval can be withheld for any reason.

As sub-consultants, the sub-consultants will obtain and maintain an active City business license.

SECTION 10. PROHIBITON OF DISCRIMINATION/COMPLIANCE WITH ALL LAWS:

CONSULTANT will not discriminate against any employee, or applicant for employment as required by applicable Federal and State law. CONSULTANT agrees that it will comply with all Federal, State and local laws and regulations at all times and in the performance of this agreement.

SECTION 11. CONFLICT OF INTEREST CODE:

CONSULTANT agrees to comply with the regulations of CITY'S "Conflict of Interest Code," adopted in accordance with the requirements of the Political Reform Act of 1974. CONSULTANT agrees comply with any and all other conflict of interest laws and regulations, and/or policies adopted by the City.

CONSULTANT covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of service required hereunder. The term "conflict" shall include, as a minimum, the definition of a "conflict of interest" under the California Fair Political Practices Act and the City of Porterville Conflict of Interest Code, as that term is applied to consultants.

SECTION 12. TERMINATION:

This contract may be terminated by either party for just cause by giving thirty (30) days written notice by either party. “Just cause” shall mean any breach of a term or condition of this Agreement, and a failure by the other party to cure the breach within that thirty-day notice period, or a reasonable longer period of time if mutually agreed upon by the parties. Notwithstanding the notice period above, the City may cancel the contract upon five (5) days written notice in the event of nonperformance by Contractor. “Nonperformance” by the contractor, shall include but not be limited to repeated lack of response or attention to responsibilities and/or directions and requests of City, or a violation of law or regulations by CONSULTANT, and shall be considered adequate cause for termination of contract under the shortened time period and/or withholding of funds to contractor which City must pay to third party or parties to correct deficiencies due to lack of performance as determined by City. Upon termination by CITY, CITY shall be relieved of any obligation to pay for work not completed. CONSULTANT may be entitled to just and equitable compensation for satisfactory work completed.

SECTION 13. ENTIRE CONTRACT AND AMBIGUITIES:

It is understood and agreed that this Service Agreement represents the entire Agreement between the parties. This Agreement supersedes and takes the place of all prior oral or written representations and agreements between the parties, and constitutes the entire understanding of the parties hereto. No oral statements or prior written material not specifically incorporated herein shall be of any force or effect. Each party and its legal counsel have had the opportunity to participate fully in the review and revision of this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.

SECTION 14. ATTORNEYS’ FEES:

Should it be necessary to institute legal proceedings to enforce any and all of the covenants and conditions of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs.

SECTION 15. DISPUTES: VENUE:

If either party initiates an action to enforce the terms hereof or declare rights hereunder, the parties agree that this Agreement is entered into and is to be performed in Tulare County, California, and venue for any such action is Tulare County, California. To the fullest extent permitted by law, each party hereby waives any rights it might have to remove any such action pursuant to California Code of Civil Procedure Section 394.

SECTION 16. WAIVERS:

Any waiver granted by either party must be in writing, and shall apply solely to the specific instance expressly stated. A waiver of any term or condition of this agreement shall not be construed as a waiver of any other terms and conditions of this Agreement, not shall any waiver constitute a continuing waiver.

SECTION 17. DISPUTE RESOLUTION:

In an effort to resolve any conflicts that arise during or following completion of the Contract, the CITY and the CONSULTANT agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation unless the parties mutually agree otherwise.

IN WITNESS WHEREOF, the parties have executed this Service Agreement on the date and year first above written.

CITY OF PORTERVILLE CONSULTANT
By: ____________________________ By: _____________________________ Date: ___________________________ Date: ____________________________ Scope of Services as Attachment "A"
(Scope of Services shall identify the project specifics as well as duration of the project or the duration of the contract. For example, lab services shall include page identifying charges for specific tests as well as hourly rates for personnel. The scope shall also include any potential/optional extensions of this contract).

Item No. 18.

CITY COUNCIL AGENDA – JULY 21, 2026
SUBJECT: Authorization to Redistribute a Request for Qualifications (RFQ) for Escrow and Title Services and Extension of the Existing Agreement with First American Title SOURCE: Planning and Engineering
COMMENT: The City utilizes on-call escrow and title services to support right-of-way acquisition, easement acquisition, property purchases, and other real property transactions associated with public improvement projects and other City initiatives. Maintaining an on-call consultant ensures these specialized services remain available as projects arise.

On April 7, 2026, the City Council authorized staff to advertise a Request for Qualifications (RFQ) for on-call escrow and title services. The RFQ was subsequently advertised in accordance with the City's procurement requirements; however, no Statements of Qualifications were received by the submittal deadline. Staff is therefore requesting authorization to redistribute the RFQ and provide additional outreach, including republication in the local newspaper, to encourage broader participation by qualified firms.

The City's current Professional Services Agreement with First American Title is scheduled to expire in mid-August 2026. Because the RFQ process cannot be completed before the current agreement expires, staff recommends extending the existing agreement until the City Council awards a new agreement following completion of the competitive selection process. The existing agreement authorizes extension by mutual agreement of the parties, allowing uninterrupted access to escrow and title services while the City completes the procurement process.

Services provided under the agreement are authorized on a task-order basis as individual projects arise. Funding for escrow and title services will be provided through the applicable Capital Improvement Program project budgets or other departmental operating budgets utilizing these services.

RECOMMENDATION: That the City Council:

1. Authorize staff to redistribute the Request for Qualifications (RFQ) for on-call escrow and title services; and
Item No. 18.

2. Approve the extension of the existing Professional Services Agreement with First American Title until the City Council awards a new agreement following completion of the RFQ process.

ATTACHMENTS: 1. RFQ for On-Call Escrow and Title Services

2. Agreement with First American
Appropriated/Funded:

Review By:

Department Director:

Clayton Dignam, Acting Planning and Engineering Director Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

REQUEST FOR QUALIFICATIONS FOR ESCROW AND TITLE
SERVICES. RFQ No. 26/27-SR____
The City of Porterville, (hereinafter “City”) is initiating this Request for Qualifications (RFQ) to solicit responses from qualified firms interested in providing preliminary and other title reports, escrow services, title insurance and other title related services as required to assist staff in the purchase of properties. The required services described in the attached RFQ will be performed upon request by the City as projects are initiated.

Submittal: One PDF version must be received via the Public Purchase website by:
5:00 p.m., Friday, August 21, 2026
Addressed to: Planning and Engineering Department
City of Porterville
291 N. Main Street
Porterville, CA 93257
Attention: Luisa Zavala
Email Subject: RFQ No. 26/27-SR_____ Escrow and Title Services Late or incomplete submittals will not be accepted and will be automatically disqualified from further consideration. All response packages and any accompanying documentation become the property of the City of Porterville and will not be returned.

INQUIRIES:

RFQ documents may be inspected and electronically downloaded at no cost, at the Public Purchase website, https://www.publicpurchase.com. No copies of said documents will be provided by the City. All addenda and correspondence during the bid process will be handled electronically through the Public Purchase website.

Questions regarding this project are due no later than Monday, August 17, 2026 The City of Porterville is an Equal Opportunity Employer.

CITY OF PORTERVILLE

REQUEST FOR QUALIFICATIONS (RFQ) FOR

ON-CALL ESCROW AND TITLE SERVICES

I. INTRODUCTION
The City of Porterville has need of a consultant or firm to provide escrow and title services when right-of- way or property acquisition is necessary to complete certain projects. These tasks are a specialty that are not within the current capacity of City staff. Subject projects may be privately initiated by a seller approaching the City, or in response to a need for right-of-way to complete a public improvement project. Although the consultant’s work will include involvement by the Planning and Engineering Director or designated staff, independent initiative and responsiveness are integral to the success of the contract and each project addressed under the contract. Other services typically rendered by the selected firm may also be utilized during the course of this agreement.

II. SCOPE OF ESCROW AND TITLE SERVICES

The consultant will respond directly to the Planning and Engineering Director or his designee on a particular project. The selected consultant will perform, but not be limited to, the following tasks:

1. Preliminary and Other Title Reports - Use of e-Pre is preferred, with a supplemental pdf or hard copy of a preliminary title report. Cost per report will be set for the term of the contract, and where title insurance is required, the cost of the preliminary title report will be credited towards the policy premium.

2. Escrow Services

3. Property Profiles

4. Document Preparation and Recordation

5. For complicated projects, coordinate regularly with City staff and other parties as needed.

6. Title Production

7. Title Guarantees

8. Provide other consulting services as available through the selected firm.

9. Other Requirements:

a) The selected firm will be required to carry and provide certificates of insurance for general and automobile liability insurance as follows:

General Liability (bodily injury and property damage)*
Professional Liability (errors and omissions)*
Automobile Liability*
Workers Compensation Statutory Limits
*All must provide a combined single limit (CSL) of not less than $2 million per occurrence.

The General Liability is to contain or be endorsed to name the City, its officers, officials, employees and agents as Additional Insured as respects liability arising out of the activities performed in connection with this contract. The coverage shall be primary and shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Original endorsements, signed by a person authorized to bind coverage on its behalf, shall be furnished to the City by the successful firm.

b) The selected consultant/firm shall indemnify and hold harmless the City, its officers, employees and agents from and against all claims, damages, losses and expenses caused in whole or in part by any negligent act or omission of the firm, its consultants, subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, or willful misconduct by the City.

c) Labor and material proposals submitted on this form shall be subject to the provisions of Section 1700, California Labor Code, as specified by Section 3700, California Labor Code, which requires Workers’ Compensation insurance to be provided by the selected consultant/firm.

d) Workers’ Compensation policy(ies) are to be endorsed to include a waiver of subrogation against the City, its officers, officials, employees and agents.

e) The firm and its employees are independent contractors and not employees of the City of Porterville. The firm and/or its insurers are responsible for payment of any liability arising out of workers’ compensation, unemployment, or employee benefits offered to its employees.

f) Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

g) Endorsements are to be received and approved by the City before work commences.

h) The successful consultant/firm shall obtain a City of Porterville business license.

Fee is based on gross receipts for all business transactions in the city of Porterville.

For information, contact the Business License clerk at (559) 782-7457.

i) A service contract will be provided by the City to the selected contractor.

j) All work performed by the consultant under this contract shall be under the ownership of the City of Porterville.

k) All work performed under this contract shall be researched, prepared and executed in a professional and competent manner for which the consultant will be responsible.

l) In accordance with City of Porterville and Caltrans policy, disadvantaged business enterprises (DBE), including qualified small minority and woman-owned firms, are encouraged to submit a proposal or otherwise participate in the completion of the work covered by this request. No DBE participation goals have been established for this project.

m) The employee(s) identified in the response as performing the duties under this contract shall not be replaced without the prior written approval of the Planning and Engineering Director of the City of Porterville.

III. PERIOD OF PERFORMANCE
If selected, the City will provide a Service Contract for five (5) years following the date of the signed service agreement. Failure of a respondent to accept this obligation will result in the cancellation of the contract award. The contract may be extended by mutual agreement. Upon contract renewal, the cost for services must be agreed upon by both parties. Due to the volume of work needed, the City of Porterville reserves the right to place services, in addition to the services being performed by the selected firm, with other qualified firms.

IV. DESIRABLE QUALIFICATIONS OF THE CONSULTANT

The City is seeking a qualified consultant to provide on-call escrow and title services. The desired consultant shall have the following qualifications:

1. Extensive (a minimum of five years) experience in residential and commercial title and escrow services for governmental agencies in the State of California.

2. The Consultant’s proven ability to expeditiously and accurately produce the required product in a concise and useable format.

3. Knowledge of the City of Porterville property acquisition process is highly desirable.

4. The consultant must possess strong writing skills and be proficient using Microsoft Word and other standard software programs.

V. ADDENDA
It is the responsibility of respondents to check the Purchasing Webpage https://www.publicpurchase.com for Addenda or other additional information that may be posted regarding this RFQ.

VI. RESPONSE DATE
All proposals shall be received by the City of Porterville by 5:00 p.m. on the Public Purchase website by Friday, August 21, 2026.

VII. CONTENTS OF STATEMENTS OF QUALIFICATIONS TO BE SUBMITTED

TO CITY

Submissions to this RFQ must be in the form of a “response package” containing the response and all required supporting information and documents. Respondents are required to provide all information requested below. In your response, please indicate “N.A.” if the statement is not applicable to you.

1. A cover letter, signed by a person authorized to enter into a contract with the City, identifying the contact person and any key personnel. If a joint venture, identify the roles of the partnering organizations.

2. A copy of the firm’s State of California license.

3. A list stating the names and addresses of the Underwriters who will provide Title Insurance Commitments and Title Insurance Policies.

4. Provide a resumé of your firm’s experience and other factors relevant to the services described in this RFQ. Provide resumes of key staff or job descriptions/minimum requirements for key positions.

5. Provide a statement listing similar contracts (both public and private) relevant to services solicited that have been completed during the last three (3) years, including the firm’s previous experience with the City of Porterville and familiarity with the community. The statement must also list any failure or refusal to complete a contract, including details and dates.

6. Prospective consultants shall designate by name the project manager to be employed in this effort. The selected consultant shall not substitute the project manager without prior approval by the Planning and Engineering Director of the City of Porterville.

7. Two (2) letters of verifiable reference (with contact information); and

8. Any relevant addenda which the respondent wishes to submit.

Additionally, the response package shall contain the fees the firm proposes to charge for the services to be provided. Time will be of the essence in completing the services described in relation to this project. It is anticipated that this effort may require significant staff resources at times, particularly for large construction projects requiring acquisition of several properties or easements.

To be considered, providers must submit a complete response to this RFQ using the format required on the Public Purchase website https://www.publicpurchase.com. One original response must be submitted to the City of Porterville’s Planning and Engineering Department via Public Purchase’s website.

VIII. EVALUATION
The selection process will include an initial screening of the responses by City staff. All qualified written responses will then be evaluated by a selection panel using the attached Exhibit “A” Consultant Selection Rating Form.

The City has the option of conducting oral interviews as part of the evaluation process. If the City opts to conduct interviews to assess respondents’ ability to provide the services, the City may elect to interview only the most qualified respondents (based on the qualifications), if the number of responses is high.

The City may also contact and evaluate respondent references; contact any respondent to clarify any response; solicit information from any available source concerning any aspect of a proposal; and seek and review any other information deemed pertinent to the evaluation process.

The selection panel’s recommendation will be transmitted to the City Council for consideration of award based on the following:

1. Completeness of the response;

2. Qualifications met by the firm;

3. Ability to provide an appropriate level of service;

4. References; and

5. Costs
IX. SELECTION
Final selection, based upon the written response (and possibly an interview), is anticipated to be made by the City Council at its meeting on September 15, 2026.

Once the City has selected a firm, contract negotiations will be initiated. If a satisfactory contract (Exhibit “B”), including fees, cannot be negotiated with any firm, the City may, at its sole discretion, terminate negotiations and begin contract negotiations with another firm qualified through the selection process.

X. INQUIRIES REGARDING THIS RFQ

Any inquiries regarding this RFQ or the project described herein should be submitted through the Public Purchase website by no later than Monday, August 17, 2026.

Exhibit A

EXHIBIT A

CONSULTANT SELECTION RATING FORM
Project Name: On-Call Escrow & Title Services
Date:

Project Number:

Evaluation Factor
Rating
Factor
Numerical
Range &
Weighting
Based on
Importance
of Factor

FIRM FIRM FIRM FIRM
Score Score Score Score
a. Completeness of response to RFQ 0-20
b. Experience & Capability to perform relevant services solicited
0-25
c. Adequately qualified key personnel available for
assignments
0-15
d. Expected turnaround time for services being sought 0-10 e. Familiarity with and proximity to the community of
Porterville
0-10
g. Costs of services 0-20
TOTAL SCORE: Maximum points
possible = 100
RANKING:

EXHIBIT B

PROFESSIONAL SERVICES AGREEMENT

ON-CALL ESCROW AND TITLE SERVICES
DATE: _________
PARTIES: City of Porterville, a California municipal corporation, hereinafter referred to as "CITY"; and ____________ hereinafter referred to as "CONSULTANT".

RECITALS: CITY has need of a CONSULTANT to provide escrow and title services when right of way or property acquisition is necessary to complete certain projects. These tasks are a specialty that are not within the current capacity of City staff. Subject projects may be privately initiated by a seller approaching the City, or in response to a need for right of way to complete a public improvement project. Said projects will hereinafter be refer to as “project” and is described as follows:

Project Name: On-Call Escrow and Title Services
Description of Project: Provide on-call consulting services. Work will be defined on a task order basis per project. Task
Orders will include project specific scope, schedule,
and fee. Details are summarized in the Scope of
Services as Attachment "A" for On-Call Escrow and
Title Services, as provided by CONSULTANT.

AGREEMENTS:

IN CONSIDERATION OF MUTUAL COVENANTS AND AGREEMENTS HEREINAFTER set forth the parties hereto do contract and agree as follows:

SECTION 1. CONTRACT SERVICES:

In consideration for said services and materials, CITY shall pay CONSULTANT on an hourly basis as defined in future task orders and detailed in Exhibit B (specifically, Professional Fee Schedule, effective __________. Direct costs such as travel, postage, printing, etc. will be specifically identified in the cost estimate independent of the hourly rates. In the event the contract is extended for any period of time, the cost for services must be agreed upon by both parties.

SECTION 2. PAYMENT:

SECTION 3. COMPLETION DATE:

The services to be performed by CONSULTANT will be commenced upon execution of this agreement and all "work directives" shall be completed by in a timely manner. In the case of ongoing testing and results protocol, the CONSULTANT shall submit results as required to CITY, State and/or Federal governing agencies. This contract will be in effect for five (5) years from ________. This contract can be extended after the expiration date, upon mutual agreement by both parties.

CONSULTANT shall not be responsible for delays which are due to causes beyond the CONSULTANT’S reasonable control. In the case of any such delay, the time of completion shall be extended accordingly in writing signed by both parties.

SECTION 4. FAMILIARITY WITH PROJECT:

CONSULTANT certifies and agrees that it is fully familiar with all of the details of the project required to perform its services. CONSULTANT agrees it will not rely upon any opinions and representations of CITY unless CITY is the only available source of said information.

SECTION 5. INDEPENDENT CONTRACTOR:

It is expressly understood that CONSULTANT is entering into this contract and will provide all services and materials required hereunder as an independent contractor and not as an employee of CITY.

As an independent contractor, the consultant will obtain and maintain an active City business license.

SECTION 6. INSURANCE REQUIREMENTS:

CONSULTANT specifically warrants that it will have in full force and effect, valid insurance covering:
(i) Full liability under worker's compensation laws of the State of California; and (ii) Bodily injury and property damage insurance in the amount not less than Two Million Dollars ($2,000,000) per occurrence; and
(iii) Errors and Omissions insurance of Two Million Dollars ($2,000,000) minimum per occurrence, if deductible for Errors and Omissions insurance is Fifty Thousand Dollars ($50,000) or more, the City may require a Surety Bond for the deductible; and
(iv) Automotive liability in the amount not less than Two Million Dollars ($2,000,000) per occurrence; fully protecting CITY, its elected and appointed officers, employees, agents and assigns, against all claims arising from the negligence of CONSULTANT and any injuries to third parties, including employees of CITY and CONSULTANT.

SECTION 7. INDEMNIFICATION:

Indemnity for Professional Liability:

To the fullest extent permitted by law, CONSULTANT shall indemnify, protect, including reimbursement of the reasonable cost to defend and hold harmless CITY and any of its officials, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including reimbursement of reasonable legal consultant’s fees and costs but only to the extent the CONSULTANT (and its Sub- Consultants) are responsible for such damages, liabilities, and costs on a comparative basis of fault between the CONSULTANT (and its Sub-Consultants) and the CITY in the performance of professional services under this agreement as determined by a court of competent jurisdiction or as agreed upon by the parties in settlement.

Indemnity for Other than Professional Liability:

Other than in the performance of professional services and to the fullest extent permitted by law, CONSULTANT shall indemnify, defend, and hold harmless CITY, and any and all of its employees, officials, and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged, or threatened, including legal Consultant’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by CONSULTANT or by any individual or CITY for which CONSULTANT is legally liable, including, but not limited to officers, agents, employees, or subcontractors of CONSULTANT, except and to the extent such losses are caused by the sole negligence or willful misconduct of the CITY.

SECTION 8. WORKMANSHIP AND MATERIALS:

SECTION 9. ASSIGNMENT OF CONTRACT:

It is acknowledged by the parties that CITY has entered into this contract with the express understanding that CONSULTANT will perform all work. CONSULTANT shall not, without the written consent of CITY, assign, transfer or sublet any portion or part of this work, nor assign any payments to others.

SECTION 10. PROHIBITON OF DISCRIMINATION:

CONSULTANT will not discriminate against any employee, or applicant for employment as required by applicable Federal and State law.

SECTION 11. CONFLICT OF INTEREST CODE:

CONSULTANT agrees to comply with the regulations of CITY'S "Conflict of Interest Code," adopted in accordance with the requirements of the Political Reform Act of 1974.

CONSULTANT agrees comply with any and all other conflict of interest laws and regulations, and/or policies adopted by the City.

SECTION 12. TERMINATION:

Either party for just cause may terminate this contract by giving seven (7) days written notice to the other party. Upon termination by CITY, CITY shall be relieved of any obligation to pay for work not completed including profit and overhead. CONSULTANT may be entitled to just and equitable compensation for satisfactory work completed, except CITY can withhold damages incurred as a result of the termination.

SECTION 13. ENTIRE CONTRACT AND AMBIGUITIES:

The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.

SECTION 14. ATTORNEYS’ FEES:

SECTION 15. DISPUTES: VENUE:

If either party initiates an action to enforce the terms hereof or declare rights hereunder, the parties agree that this Agreement is entered into and is to be performed in Tulare County, California. To the fullest extent permitted by law, each party hereby waives any rights it might have to remove any such action pursuant to California Code of Civil Procedure Section 394.

SECTION 16. WAIVERS:

IN WITNESS WHEREOF, the parties have executed this Service Agreement on the date and year first above written.

CITY OF PORTERVILLE CONSULTANT
By: ______________________________ By: ______________________________ Greg Meister, Mayor
Date: ____________________________ Date: ____________________________ Attachment "A"
Scope of Services from RFQ
Attachment “B”

FEE SCHEDULE

Item No. 19.

CITY COUNCIL AGENDA – JULY 21, 2026
SUBJECT: Approval of Resolution Authorizing Fiscal Year 2025-2026 Regional Surface Transportation Program Exchange Fund Claim
SOURCE: Finance
COMMENT: Each year, the City receives an apportionment of Regional Surface Transportation Program (RSTP) Exchange funds through the Tulare County Association of Governments (TCAG). Under the exchange program, federal RSTP funds are exchanged for State Highway Account funds, providing local agencies with greater flexibility to deliver eligible transportation projects.

For Fiscal Year 2025-2026, the City is eligible to receive $436,651 in RSTP Exchange funds. The claim identifies the Cold Mix and Asphalt Concrete Pavement Overlay Program as the eligible project to receive the funding.

To receive these funds, TCAG requires the City Council to adopt a resolution authorizing a designated representative to execute and submit the required claim documents. The attached resolution authorizes the Public Works Director to submit the Fiscal Year 2025-2026 RSTP Exchange Fund Claim and all required documentation to TCAG on behalf of the City.

RECOMMENDATION: That the City Council adopt the Resolution authorizing the submission of the Fiscal Year 2025-2026 Regional Surface Transportation Program Exchange Fund Claim to the Tulare County Association of Governments in the amount of $436,651.

ATTACHMENTS: 1. Draft Resolution

2. Porterville RSTP Claim 2025-2026
Appropriated/Funded:

Review By:

Department Director:

Trisha Whiteley, Acting Finance Director
Item No. 19.

Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

Page 1 of 2 ends

RESOLUTION NO. ___-2026

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PORTERVILLE AUTHORIZING THE PUBLIC WORKS DIRECTOR

TO FILE A REGIONAL SURFACE TRANSPORTATION PROGRAM (RSTP) EXCHANGE FUND CLAIM FORM FOR FISCAL YEAR 2025-2026

WHEREAS: The Tulare County Association of Governments (TCAG) and the California Department of Transportation (Caltrans) have entered into a Standard Agreement contract to exchange unobligated balances of federal Regional Surface Transportation Program (RSTP) funds with non-federal State Highway Account funds; and
WHEREAS: Caltrans Division of Programming releases a 5-year ESTIMATE of RSTP Exchange Program apportionments for inclusion in the Federal Transportation Improvement Program (FTIP) Programming document every 2 years to California Metropolitan Planning Organizations (MPOs); and
WHEREAS: TCAG is the designated MPO for Tulare; and
WHEREAS: The Annual RSTP Exchange Program fund apportionment is an ESTIMATE and subject to change during the Fiscal Year 2025-2026 due to many Federal Surface Transportation Bill variables including the annual appropriations act as well as other Congressional actions (i.e., rescissions); and
WHEREAS: The FINAL RSTP Exchange apportionment amount is published at the end of Fiscal Year 2025-2026 and can be different than the ESTIMATE of RSTP Exchange apportionment figure; and
WHEREAS: Annually, Caltrans sends TCAG a Standard Agreement contract that includes an RSTP Exchange Program apportionment figure; and WHEREAS: TCAG applies a population-based distribution formula using current Department of Finance (DOF) population estimates (January 2026) to the RSTP apportionment to determine the amount of RSTP Exchange funds to be distributed to TCAG member jurisdictions; and
WHEREAS: The ESTIMATE of RSTP Exchange Program fund apportionment amount available to claim in Fiscal Year 2025-2026 for the City of Porterville is $436,651; and WHEREAS: Payment of the ESTIMATE of RSTP Exchange fund claim will be subject to all conditions specified in the fully executed standard contract agreement between TCAG and Caltrans, as well as the TCAG RSTP Exchange claim form requirements: Projects to be funded with this claim are only those projects that are defined under Sections 133(b) and 133(c) of Title 23 of the United States Code and Article XIX of the California State Constitution, implemented in accordance with the requirements of Section 182.6(d)(1) of the Streets and Highways Code; and Resolution No. ___-2026

Page 2 of 2 ends

WHEREAS: If the FINAL RSTP Exchange apportionment figure is higher for Fiscal Year 2025-2026 than the ESTIMATE of RSTP Exchange apportionment figure, Caltrans would have to revise the RSTP Exchange Standard Agreement contract with the higher RSTP figure before TCAG could instruct the Tulare County Auditor-Controller’s Office to distribute a greater amount of RSTP Exchange Program funds to member agencies, than identified in this resolution; and WHEREAS: If the FINAL RSTP Exchange apportionment figure is lower for Fiscal Year 2025- 2026 than the ESTIMATE of RSTP Exchange apportionment amount, Caltrans does not have to revise the RSTP Exchange contract with the lower amount before TCAG could recalculate the available RSTP Exchange Program funds using the same population-based formula and then instruct the Tulare County Auditor-Controller’s Office to distribute the lower Fiscal Year 2025- 2026 FINAL RSTP Exchange Program fund amount to member agencies; and WHEREAS: The City of Porterville has established special gas tax street improvement fund as a requirement to receive the RSTP Exchange Program funds; and WHEREAS: It is deemed in the best interest of the City of Porterville to authorize the Public Works Director to sign the Fiscal Year 2025-2026 RSTP Exchange Program fund claim form and to submit said claim form to TCAG for processing.

NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Porterville does hereby authorize and direct the Public Works Director to sign and submit the above-described Fiscal Year 2025-2026 RSTP Exchange Program fund claim on behalf of the City of Porterville in the amount of $436,651.

PASSED, APPROVED AND ADOPTED this 21st day of July, 2026.

By:_________________________________
Greg Meister, Mayor
ATTEST:

Richard Tree, City Clerk
By: __________________________________
Fernando Gabriel-Moraga, Chief Deputy City Clerk

Claim to the Tulare County Association of Governments
for Regional Surface Transportation Program (RSTP) Funds in Exchange for State Highway Account Funds FY2025-2026
Project Cost of
Project
Air
Quality
Exempt

1. Cold mix and AC pavement overlay program $436,651  

2. $  

3. $  

4. $  
FY2025-2026 Claim Amount: $436,651
Claimant: City of Porterville
Claim Guidelines:

Projects outlined in the table below to be funded with this claim are only those projects that are defined under Sections 133(b) and 133(c) of Title 23, United States Code and Article XIX of the California State Constitution, implemented in accordance with the requirements of Section 182.6(d)(1) of the Streets and Highways Code.

Claim Instructions:

1. List (print or type) each INDIVIDUAL project to be funded with this claim.

2. List the amount of funds to be used for each project.

3. If the project is not a capacity expanding project and is exempt from the air quality conformance analysis check the “Exempt” box. ()

4. If the project is a capacity expanding project and the “build” alternative of the air quality conformance analysis has been completed for the project as required check the “Air Quality” box. ()
Claim to the Tulare County Association of Governments
for Regional Surface Transportation Program (RSTP) Funds in Exchange for State Highway Account Funds FY2025-2026
It is understood by the City of Porterville (claimant) that payment of this claim is subject to approval by the TCAG Governing Board and must be in accordance with the TCAG and Caltrans Agreement. Said monies (and the interest earned on such monies subsequent to allocation) will be used only for those purposes for which the claim is approved.

The undersigned claimant, by accepting these funds agrees to establish a special account for the purpose of depositing funds received from TCAG pursuant to this agreement:
a. For cities, within their Special Gas Tax Street Improvement Fund; or b. For the county, within their County Road Fund
The undersigned claimant, by accepting these funds, agrees to grant the State of California auditors access to their books and records for the purpose of verifying that funds paid hereunder are properly accounted for and proceeds are expended in accordance with the terms of this agreement. All documents will be available for inspection by authorized Caltrans agents at any time during the project development and for a four-year period from the date of completion of the project, or one year after the audit is completed or waived by Caltrans, whichever is later.

If the undersigned claimant fails to use funds received hereunder in accordance with the terms of the agreement, the claimant agrees to return the exchange funds to TCAG for credit to the special account described above.

Further, the Public Works Director of the claimant certifies that the financial information contained herein, is reasonable and accurate to the best of his/her knowledge.

Authorized Representative:

Signature

Print Name
Title
Date
Executive Director, TCAG
Print Name
FY 2025-2026 Claim Amount: $436,651
Claimant: City of Porterville
Item No. 20.

CITY COUNCIL AGENDA – JULY 21, 2026
SUBJECT: Authorization to Contract with Response Training Group for Tractor-Drawn Aerial Train-the-Trainer Program
SOURCE: Fire
COMMENT: The Porterville Fire Department recently acquired a dedicated training tractordrawn aerial ladder truck (TDA), commonly referred to as a tiller truck, and is awaiting delivery of its new frontline apparatus. Unlike traditional fire apparatus, TDAs require specialized driving techniques, coordinated operation between the driver and tiller operator, and standardized training to ensure safe and effective operation.

Staff recommends contracting with Response Training Group (RTG), one of a limited number of nationally recognized organizations specializing in tractordrawn aerial instruction. RTG's curriculum is consistent with National Fire Protection Association (NFPA) 1002 driver/operator standards and includes classroom instruction, driving exercises, instructor development, and comprehensive training resources that will allow the department to establish and sustain a standardized in-house TDA training program.

The proposed four-day, 40-hour Train-the-Trainer program will certify six Porterville Fire Department members as department instructors. These instructors will train current and future operators using the department's recently acquired training tiller before the new frontline apparatus enters service. This training will establish the foundation for the department's longterm tractor-drawn aerial operator training program and create a standardized instructional framework for current and future firefighters. By developing operator proficiency in advance, the department will reduce training-related downtime, protect a significant public safety investment, and place the new apparatus into frontline service more quickly.

Staff recommends procuring these services on a sole-source basis. Response Training Group specializes exclusively in tractor-drawn aerial driver and instructor training and provides a proprietary Train-the-Trainer curriculum specifically designed to establish long-term in-house training programs. Due to the highly specialized nature of this training and the limited number of qualified providers, staff has determined that a competitive solicitation would Item No. 20.
not provide a meaningful benefit to the City.

Fiscal Impact
The total cost of the Train-the-Trainer program is $27,263, including instructor fees, travel, lodging, and course materials.

Funding is available through the Fire Department's Instructor Service Agreement (ISA) Training Account. The ISA account is funded through firefighter training reimbursements received under the City's agreement with Fresno City College and is restricted to training-related expenditures. Approval of this request will not increase General Fund expenditures or require the use of additional taxpayer dollars.

RECOMMENDATION: That the City Council authorize the Fire Department to enter into an agreement with Response Training Group (RTG) to provide a Tractor-Drawn Aerial (TDA) Train-the-Trainer Program in an amount not to exceed $27,263, funded through the Fire
Department's Instructor Service Agreement (ISA) Training Account.

ATTACHMENTS: 1. RTG TDA Driver Training Proposal – 2026 Appropriated/Funded:

Review By:

Department Director:

Bryan Cogburn, Fire Chief
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk

2026
Tractor Drawn Aerial Training
Porterville FIRE DEPARTMENT
California
Copyright Information: all rights reserved including the right to reproduce this material or portions thereof in any form or be any mean Response Training Group
Tractor Drawn Aerial Training
Tractor-drawn aerials are some of the most exciting, unique apparatus to watch and drive. However, a smooth, safe, effective Driver/Tiller Operator requires an immense amount of training and coordination. The days of “on the job training” should be a way of the past. Allowing personal preference or social customs to dictate how the TDA is driven creates an inconsistent culture, resulting in unsuitable and unsafe institutional driving norms. A formal training program, universal terminology, comprehensive techniques, and driving rodeos need to be part of the learning process.

A skilled tiller operator and driver are essential to an effective fire response. Bringing firefighters to a high level of skill is no easy task and can be a significant challenge. This training identifies the principles, concepts and dynamics of driving and tillering a tractor-drawn aerial. The skills developed during this course will prepare the student to overcome the common pitfalls that tractor-drawn aerial operators encounter. They will be introduced to methods that are essential for a tractor-drawn aerial Driver/Tiller Operator to achieve and maintain proficiency.

The training Objectives are designed to confirm the student’s ability to learn and apply Response Training Group’s Training techniques. These skills accelerate successful driving habits and, when properly applied, reduce the risk of accident and injury while driving a Tractor Drawn Aerial.

Classroom Session:
*All Firefighters that drive or tiller and their officers should participate in the classroom session.

FUNDAMENTALS-SKILLS: Techniques and principles on how to correctly maneuver a tractor-drawn aerial both forward and backwards are taught. Students are educated on the relationship between the tractor and the trailer and how it is imperative that they work together to be successful. Students will learn and identify the specific responsibilities that are inherent for both driver and tiller operator. Students will leave the classroom session understanding how imperative it is that there is effective teamwork and communication between the driver and tiller operator.

ELEMENTS: It is incumbent upon the student to practice these fundamental skills in order to achieve and maintain proficiency. While several of the concepts introduced in the curriculum appear simple, they can be quite challenging to master. Although attentiveness and professionalism are keys to success, a positive attitude and a relaxed approach are equally important during this training.

CASE STUDIES: Dramatic and powerful examples of past and current accidents are used to illustrate and reinforce the importance of using the skill sets that are taught in this class to prevent future accidents from occurring. The students are given the opportunity to dissect, explore, and break down the origin and cause of these catastrophic incidents. Major and minor accidents that are discussed:
▪ Raleigh North, Carolina (rollover accident) ▪ Kansas, City Missouri ▪ Hyattsville, Maryland (rollover accident) ▪ Boise, Idaho ▪ Columbus, Ohio (rollover accident) ▪ Seattle, Washington Copyright Information: all rights reserved including the right to reproduce this material or portions thereof in any form or be any mean Response Training Group
TABLETOP MODEL: The classroom incorporates an interactive tabletop model that allows the students to visualize the concepts while still in a simulated environment. This atmosphere provides hypothetical scenarios to facilitate group discussion and problem solving. The model is a tangible tool for the student to manipulate and practice the skills; this in turn reinforces what is taught in the curriculum. The facilitator guides the group, maintains focus on the core objectives, and has the opportunity to evaluate the students understanding and knowledge of the concept. The table top exercises encourage students to participate in an interactive format.

TERMINOLOGY: Students will be introduced to terminology and languages that allow all members training to drive a tractor-drawn aerial to communicate using consistent vocabulary. New terminology will be presented as the course gets into advanced skills. Terminology and terms that will be discussed:
▪ Tillering ▪ Chasing
▪ Crabbing ▪ Pushing
▪ Tracking ▪ Jab
▪ Neutral ▪ Getting Flat
▪ Over swing ▪ Walking the Tractor
▪ Over steering ▪ Walking the Trailer
VIDEO: This class incorporates dynamic video examples, including the “Raleigh/Seattle Accident Prevention Video” (developed and produced by our instructors). We use very unique and powerful video angles to demonstrate from both the Driver and Tiller Operator’s perspective. These videos illustrate and reinforce the importance of using the skill sets that are learned in this class to prevent future accidents from occurring. The multi-media approach will demonstrate the excellent and inferior tractor-drawn aerial essentials.

ADVANCED TECHNIQUES: Students will be presented with new and advanced concepts that will enhance their skill level and give them the opportunity to challenge their own degree of comfort in these areas.

NFPA 1002: This training addresses NFPA 1002 standards.

Learning Objectives:
✓ Tractor-drawn aerial equipment and history
✓ Consequences of not using your equipment correctly
✓ Communication between driver and tiller operator
✓ Responsibilities of Driver/Tiller Operator
✓ Maneuvering the tractor-drawn aerial
✓ Trail-over and pivot points on tractor-drawn aerials
✓ Advance backing techniques
✓ Accident case studies
Copyright Information: all rights reserved including the right to reproduce this material or portions thereof in any form or be any mean Response Training Group
Rodeo Session:

The rodeos provide a safe and controlled environment for students to receive massive repetitions to build skills and confidence before entering the real world. The magnitude and importance of building instinctive reflexes when driving these rodeos frees up the student’s prefrontal cortex for non-driving/tillering cognitive decision making, which is critical. Training includes five manipulative rodeo-driving courses that consist of:

Copyright Information: all rights reserved including the right to reproduce this material or portions thereof in any form or be any mean Response Training Group
Instructor Experience:

We have been conducting Tractor-Drawn Aerial Driver’s Training for many years and have hundreds of hours of instructional experience
Our instructors also developed and produced the “Raleigh/Seattle Accident Prevention” video.

View Video here: https://www.youtube.com/watch?v=OgM2e7VTEGY Copyright Information: all rights reserved including the right to reproduce this material or portions thereof in any form or be any mean Response Training Group

Response Training Group will provide the following for Porterville Fire Department:
▪ Two Response Training Group instructors
▪ 40-hour tractor drawn aerial driver training
▪ Tractor drawn aerial classroom curriculum
▪ Instructor rodeo teaching notes
▪ Instructor street drive teaching notes
▪ Driving performance requirement check-off
▪ 5 driving rodeo courses including a 25 page how to set-up template ▪ Tabletop trainer template
▪ Recommended hours of training document
▪ Each student will receive a 40-hour certificate of completion Porterville Fire Department will provide:
▪ Area large enough to accommodate the rodeo courses (see rodeo course document for dimensions) ▪ Classroom with AV equipment
▪ Tractor-Drawn Aerial
▪ Marking paint
▪ Cones and delineators
Copyright Information: all rights reserved including the right to reproduce this material or portions thereof in any form or be any mean Response Training Group

TRAINING DAYS
Day 1
Classroom Session, plus rodeo set - up
▪ All members within the Porterville Fire Department are invited to participate in the classroom session ▪ Classroom session is 6 hours in length
Set - up of rodeos
▪ Who: Response Training Group members and Porterville Fire Department personnel ▪ Where: On the drill court or other locations where driving takes place ▪ Tractor-drawn aerial is required for the rodeo set-up Rodeo schematics and measurements will be provided to Porterville Fire Department prior to Response Training Group’s arrival. Every attempt should be made for the department to begin the set-up process of the rodeos. This will maximize the amount of time for instruction. Response Training Group instructors will verify the correctness and drivability of all courses with Porterville Fire Department’s tractor-drawn aerial.

Day 2
Train - the - Trainer module on the Drill Court
▪ Six selected members with the Porterville Fire Department learn to drive our rodeos with their Tractor Drawn Aerial and go through a Train-the-Trainer.
▪ The rodeo courses are designed to reinforce the curriculum taught during Day One. ▪ Driving the rodeos requires the members to repetitively steer and maneuver the Tractor Drawn Aerial, safely in a controlled artificial environment, building critical muscle memory. ▪ Rodeos permit the members to gain experience and build confidence.

Day 3
Train - the - Trainer module on the r oad
▪ Six selected members with the Porterville Fire Department learn how to drive on the road under the guidance of Response Training Group instructors.
▪ Members will learn how to effectively use what was taught in the classroom and on the drill court and will apply these principles to the road. This will allow them to practice new skill sets, gain invaluable experience and improve their technique.
▪ While on the road, members are learning and building proper techniques to train new students.

Copyright Information: all rights reserved including the right to reproduce this material or portions thereof in any form or be any mean Response Training Group
Day 4
Train - the - Tr ainer TEACH - BACK SESSION
▪ Learn how to instruct students on the rodeos. The teach-back session is critical when building a strong & effective instructors’ cadre. Verifying that your instructors have a solid foundation is essential for the future of your TDA program.
▪ Members will participate in a teach-back session where the Response Training Group instructors will become the students and the Train-the-Trainer members will teach to the Response Training Group instructors. This is a vital component to the training. The teach-back verifies that the Train-the-Trainer members are able to identify the problems that occur with new students (Response Training Group instructors) and properly correct the problem with the appropriate instruction. The teach-back session allows the Response Training Group instructors to quickly evaluate the Train-the-Trainer members on their effective teaching style, instruction, and understanding of the curriculum. ▪ Response Training Group instructors will demonstrate how to identify and safely correct common problems that occur while training new members.
▪ Members will be coached on their teaching style and interaction with students.

Training estimate: Two instructors including all lodging, travel expenses and training.

TOTAL COST: $27,263.00

For questions, please contact:

Steve Crothers
(206) 947-8900
[email protected]
Copyright Information: all rights reserved including the right to reproduce this material or portions thereof in any form or be any mean Response Training Group
Raleigh video story
Fire Apparatus Rollover Accident Leads to Cooperative Safety Video Between Raleigh (NC) and Seattle (WA) Fire Department.

On July 10h 2009, the Raleigh (NC) Fire Department’s tractor drawn aerial (TDA) was involved in an accident while responding. The apparatus overturned while negotiating a corner during the response. Three of the members received non-life-threatening injuries; the apparatus was a total loss. The accident itself was a significant incident; but what made it even more dramatic was the fact it was captured on video from two different camera angles.

During this same time frame, we in the Seattle (WA) Fire Department were in the process of modifying our TDA training program. Seeing the importance of these powerful videos as an invaluable training resource, we made the decision to incorporate them into our training program. We contacted the Raleigh Fire Department to learn more about the accident and to verify facts. A dialog was started between our departments, and during the next year we had many conversations about concepts, techniques, and the driving dynamics of a TDA. Their willingness to talk openly about the accident set the foundation for the cooperative effort that was to develop between our departments. The accident prompted their department to explore outside training curriculums and what they had to offer. A partnership was soon formed, and we were invited to the city of Raleigh to share our updated training program. Seeing a unique opportunity to create a safety video, we requested to interview the four members who were involved in the accident in hopes of preventing this type of accident from occurring in the future.

While sharing our classroom presentation and rodeo course with Raleigh, it became obvious that both departments were going to learn from the experience. The tractor drawn aerial is an extremely unique piece of equipment that requires formal instruction; on-the-job training should be the way of the past. Universal terminology, techniques, and driving rodeos need to be part of the learning process.

Prior to the interviews, all four members of Ladder 4 were given the topics we hoped they would discuss.

During the interviews the members were asked to talk about the day of the accident and tell their story. We were impressed with their honesty, openness, and professionalism during the interviews.

Although this dramatic accident involves a tractor drawn aerial, it was our goal in producing this video that the content would have a positive, lasting effect on all who drive emergency vehicles of any type. As professional fire service drivers, it is important to look at the dynamics of this accident and apply the learning principles to our own driving habits and behavior.

Even though we are thousands of miles apart we are encouraged by the partnership our departments have formed, not only have we learned about driving TDAs, but that we shared many of the same concerns and constraints. We look forward to a continued relationship and hope the future leads to new cooperative efforts and friendships. We are indebted to the Raleigh Fire Department and the members of Ladder 4 for their open and transparent participation in this collaborative effort. Their ability to share this extraordinary story clearly demonstrates their department’s leadership, dedication, and commitment to safety for the brothers and sisters of the fire service. Without them, this impactful and sincere training video would not have been possible
Watch view video here: https://www.youtube.com/watch?v=OgM2e7VTEGY CITY COUNCIL AGENDA – JULY 21, 2026
SUBJECT: Authorization to Upgrade Wastewater Treatment Facility SCADA Communication Equipment
SOURCE: Public Works
COMMENT: The City's Wastewater Treatment Facility (WWTF) utilizes a Supervisory Control and Data Acquisition (SCADA) system to monitor, control, and automate critical treatment processes throughout the facility. Reliable communication between the SCADA servers and remote Programmable Logic Controller (PLC) sites is essential for transmitting operational data, receiving alarms, and maintaining continuous process control. The WWTF is requesting authorization to replace the existing failing wireless communication radios at two remote PLC sites with new fiber-optic communication cables to improve system reliability and long-term performance.

Replacement of the failing communication equipment is necessary to maintain reliable monitoring and control of critical treatment processes and support compliance with the WWTF's Waste Discharge Requirements (WDRs). Failure of these communication systems could impair operators' ability to respond to alarms, monitor equipment performance, and maintain treatment operations, increasing the risk of sanitary sewer overflows, regulatory violations, and service disruptions.

Staff recommends procuring these services on a sole-source basis. In July 2024, the City Council approved an agreement with Telstar Instruments to upgrade the WWTF SCADA servers, and Telstar served as the system integrator for that project. As the integrator of the City's existing SCADA system, Telstar possesses detailed knowledge of the installed hardware, software, communications architecture, site-specific programming, and field modifications unique to the WWTF. Utilizing another contractor would require substantial time and expense to evaluate the existing system, reverse engineer programming, and integrate new communication equipment, increasing project costs and introducing unnecessary operational risk. Staff has determined that Telstar is uniquely qualified to complete this work while maintaining compatibility with the existing SCADA system and minimizing disruption to plant operations.

The proposed project includes installation of approximately 1,000 feet of fiberoptic cable, fiber patch panels, network switches, fiber converters, and related communication equipment necessary to replace the existing wireless radio system. City staff will assist with installation by utilizing the existing conduit pathway, reducing project costs while allowing Telstar to focus on specialized fiber termination, testing, and SCADA integration.

Telstar Instruments submitted a proposal in the amount of $24,834. Staff is requesting authorization in an amount not to exceed $27,318, which includes the quoted project cost and a ten percent (10%) contingency to address any unforeseen conditions that may be encountered during installation. Funding for the project is available within the Wastewater Treatment Facility Capital Reserve Fund.

RECOMMENDATION: That the City Council authorize an agreement with Telstar Instruments for replacement of the Wastewater Treatment Facility SCADA communication equipment in an amount not to exceed $27,318, inclusive of all labor, materials, taxes, and a ten percent (10%) contingency.

ATTACHMENTS: 1. Telstar Quote – WWTF Fiber Run
Appropriated/Funded:

Review By:

Department Director:

Robert Alvarez, Public Works Director
Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk Contractor License #422364
Contractor DIR #1000000899
CONTROL SYSTEM INTEGRATION • INSTRUMENTATION SERVICES
SCADA/AUTOMATION • PLC/HMI • ELECTRICAL • CALIBRATION • MAINTENANCE 4017 Vista Park Court, Sacramento, CA 95834 Phone 916-646-1999, Fax 916-646-1096 202 South Douty Street, Hanford, CA 93230 Phone 559-584-7116, Fax 559-584-8028

Page 1 of 4 ends

May 27, 2026
City of Porterville WWTP
291 N Main Street
Porterville CA 93227
Sent via Email : [email protected]
Attn: Daniel Harris
Subject: WWTP Fiber Run
Reference: 20-44573
Drawings: N/A
Specifications: N/A
Dear Daniel,
Telstar Instruments (“Telstar”) is pleased to provide a quote for the referenced project to the above identified purchaser (“Customer”).

By accepting this proposal from Telstar you agree to treat this as confidential information.

SCOPE OF SUPPLY / SERVICES

1. Telstar will provide and install the following:
a. 1000Ft of 12 strand fiber cable.
b. QTY 3 - Fiber Patch panels
c. QTY 4 - 6 pair cassette.
d. QTY 1 – 2 fiber port converter with 8 port ethernet switch. e. QTY 2 - 1 fiber port converter with 4 port ethernet switch. f. QTY 4 – Fiber LC transceiver for converter.
g. QTY 4 – Fiber patch cables

2. Telstar, with the help of the City, will pull the fiber in, using the path found by the city. From PLC 7 to PLC 6 and PLC7 to Influent structure PLC1.
a. Conduit path must be free of debris and undamaged.

3. Telstar will terminate and test fiber cables.

4. Telstar will move over the PLC’s to the new network.

Contractor License #422364
Contractor DIR #1000000899

Page 2 of 4 ends

Material Price for this Scope ................................................................................................ $16,894.00 Labor Price for this Scope ...................................................................................................... $7,940.00 Total Lump Sum Price for this Scope .................................................................................... $24,834.00 Shipping and Handling for Telstar Supplied Materials IS INCLUDED Sales Tax IS INCLUDED
This quotation is based on Customer’s representation that this IS a prevailing wage project.

CLARIFICATIONS, EXCEPTIONS, AND EXCLUSIONS
a. Material price is valid for seven (7) days from date referenced on this quote (Refer to Industry Material Pricing and Delivery clause under Terms and Conditions) b. This quotation is based on the inclusion of Telstar’s standard Terms and Conditions as part of any purchase order, contract or other agreement.
c. Telstar’s quotation includes only those items listed above. Requests for additions/deletions from our scope will require a change in the quoted price. d. Telstar assumes no responsibility for performance, applicability, compatibility, start-up, testing, or acceptance of any equipment not furnished by Telstar under this proposal. e. Please reference the above stated quote number in all correspondence and purchase orders. f. A fee of 2% will be applied to all invoices paid by credit card.

TERMS AND CONDITIONS
Base Terms: The attached Quotation is valid for 30 days from the date of Telstar Instruments’ (“Telstar”) quotation.

Acceptance of Telstar’s Quotation constitutes a binding Agreement incorporating these Terms and Conditions (”Agreement”). Payment is due and payable 30 days from date of invoice. If payment is not received by the 30th day, a .05% daily service charge (18-3/4% per annum) will be charged on all accounts past due. In the event of a dispute concerning payment, attorney's fees, court costs and costs of collection will be paid to the prevailing party.

The cost for permits and bonding are excluded unless expressly referenced in Telstar’s quotation. Our standard insurance applies unless agreed to in writing by Telstar. Telstar’s standard one year parts only warranty applies to this quotation. All other warranties, express or implied, or referenced elsewhere in contract documents are excluded, including but not limited to implied warranties of merchantability or fitness for purpose. Unless expressly stated in Telstar’s estimate, this quote is based on standard straight time hours and does not include any prevailing wage rates. The price quoted herein is for the labor and materials specifically listed within the body of this quote.

Overtime and premium labor hours are not included in the quotation, and will result in an additional charge. Service calls are charged at a 4-hour minimum per person, excluding travel time, which is charged separately. Unless expressly stated in the Quotation, training, operation and maintenance manuals, and preparation of as built drawings are excluded from Telstar’s scope of work. The term “Equipment” and “Services” as used in these Terms and Conditions refers to the materials and labor provided by Telstar under this Agreement.

Limitation of Liability: (a) In no event shall Telstar, its suppliers or subcontractors be liable for special, indirect, incidental or consequential damages, whether in contract, warranty, tort, negligence, strict liability or otherwise, including, but not limited to, loss of profits or revenue, loss of use of Equipment or any associated equipment, cost of capital, cost of substitute equipment, facilities or Services, downtime costs, delays, or claims of customers of Customer, their officers, directors, members employees or any third parties for any damages. Telstar’s liability for any claim, whether in contract, warranty, tort, negligence, strict liability, or otherwise for any loss or damage arising out of, connected with, or resulting from this Agreement or the performance or breach thereof, or from the design, manufacture, sale, delivery, resale, repair, replacement, installation, technical direction of installation, inspection, Contractor License #422364
Contractor DIR #1000000899

Page 3 of 4 ends

operation or use of any Equipment covered by or furnished under this Agreement, or from any services rendered in connection therewith, shall in no case exceed twenty-five percent (25%) of the purchase price allocable to the Equipment or Services that are the subject of the claim. (b) All causes of action against Telstar arising out of or relating to this Agreement, or the performance or breach hereof shall be deemed barred unless brought within one year from the date of discovery or other accrual. (c) In no event, regardless of cause, shall Telstar be liable for liquidated damages, offsets or penalties of any kind or to indemnify, defend or hold harmless Customer, its officers, directors, members, employees or any third party, arising from or related to the Equipment and/or Services provided by Telstar.

Force Majeure: Telstar shall neither be liable for loss, damage, detention or delay nor be deemed to be in default for failure to perform when prevented from doing so by causes beyond its reasonable control including but not limited to acts of war (declared or undeclared), Acts of God, fire, strike, labor difficulties, pandemic, acts or omissions of any governmental authority or of Customer, compliance with government regulations, insurrection or riot, embargo, delays or shortages in transportation or inability to obtain necessary labor, materials, or manufacturing facilities from usual sources or from defects or delays in the performance of its suppliers or subcontractors due to any of the foregoing. In the event of delay due to any such cause, the date of delivery will be extended by period equal to the delay plus a reasonable time to resume production, and the price will be adjusted to compensate Telstar for such delay.

Cancellation: In the event of cancellation by Customer, Customer agrees to fully reimburse and compensate Telstar for all costs associated with this Agreement, including but not limited to engineering, labor, materials, quote and estimating time, and product return fees, plus a ten percent (10%) markup to compensate for disruption in scheduling, planned production, indirect costs and profit. Payment for cancellation shall be due within ten (10) days from the date of submission of charges by Telstar.

Entire Agreement: This Agreement constitutes the entire agreement between Telstar and Customer. There are no agreements, understandings, restrictions, warranties, or representations between Telstar and Customer other than those set forth herein or herein provided. This Agreement may only be amended, changed or revised by a written amendment signed by an authorized representative of Telstar. No oral or implied agreements shall be of any force or affect.

Precedence: In the event Telstar is issued an authorization for work, Purchase Order, Contract or similar Agreement with conflicting Terms and Conditions than those set forth herein, these Terms and Conditions will take precedence and will supersede any and all other conflicting Terms and Conditions.

Submittals: In the event Telstar receives a Notice to Proceed or a written statement to proceed with submittals, Telstar will be entitled to compensation based on percent of completion of submittal cost to Customer. Telstar will prepare only one set of submittals, and any resubmittals shall be subject to an additional charge for engineering time and other costs in preparing re-submittals.

Prevailing Wages: Customer must promptly inform Telstar when a project will be registered on the Department of Industrial Relations. Customer must inform Telstar if Certified Payroll Reports are required to be submitted to Customer. If Customer requests Certified Payroll Reports beyond four weeks in arrears, Customer may be charged an administrative processing fee of $50.00 per week generated for said reports.

Authorized Signers: Only the following officers of Telstar have the legal authority to enter into binding agreements on behalf of Telstar: John D. Gardiner (President), Kyle A. Johnsen (Vice President), Robert S. Marston (Secretary), Benjamin R. Herston (Treasurer). If a document is signed by an unauthorized person, the document will be void and unenforceable.

Industry Material Pricing and Delivery: Telstar is unable to hold prices on materials for more than 7 days from the dates of the Quotation. Prices for plastic, copper, steel, and other commodities fluctuate daily. Our vendors and manufacturers can experience delays due to labor shortages, shortage of containers, port congestion, and raw material shortages that have extended lead times significantly. Material price fluctuations due to tariffs are not included in the quotation and may not be known until time of material shipment. Additional material costs associated with tariffs will be paid by the customer. Telstar reserves the right to change the delivery date and pricing of materials set forth in this Quotation. Telstar considers any of the above related changes imposed by our vendors and manufacturers as outside its reasonable control and subject to Force Majeure provisions.

Insurance: Telstar’s standard insurance limits will apply.

Open Shop: Telstar is an Open Shop contractor and will not be signatory to any unions.

Contractor License #422364
Contractor DIR #1000000899

Page 4 of 4 ends

Governing Law: This Agreement shall be construed and interpreted in accordance with the laws of the State of California.

Waiver: The failure of Telstar to insist upon the performance of any term or condition of this Agreement shall not be construed as a waiver of the future performance of any such term or condition or the future exercise of such right.

Severability: If any term of this Agreement is determined to be invalid or unenforceable under any applicable statute, regulation, ordinance, or other law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with such law, and the remaining portions of this Purchase Order shall remain in full force and effect.

Dispute Resolution: In the event of any dispute arising from or relating to this Agreement, the parties agree to engage in informal efforts toward resolution by meeting in person. If such efforts are unsuccessful, the parties agree to submit the dispute to mediation with a neutral mediator for resolution, with the parties sharing the costs of such mediation equally. If the parties are unsuccessful in resolving their dispute, then the dispute shall be subject to litigation. If the dispute involves a public entity Owner, then the parties shall comply with the requirements of Public Contract Code section 9204.

We look forward to working with you on this project. If you have any questions, please contact me at the phone number below.

Sincerely,
Felipe Martinez
Electrical Engineer / IC&E Specialist
Telstar Instruments
P: (559) 584-7116
Item No. 22.

CITY COUNCIL AGENDA – JULY 21, 2026
SUBJECT: Authorization to Schedule a Public Hearing to Consider Amendments to Porterville Municipal Code Chapter 2, Article IV, Relating to the Code Enforcement Section
SOURCE: Planning and Engineering
COMMENT: As part of the City's recent organizational restructuring, Code Enforcement functions were transferred from the Fire Department's Prevention Division to the Building Division within the Planning and Engineering Department. While the organizational transfer has already occurred, Chapter 2, Article IV of the Porterville Municipal Code continues to reflect the former organizational structure. The proposed ordinance updates the Municipal Code to align with the City's current organization while modernizing and clarifying the City's code enforcement authority.

In addition to reflecting the City's current organizational structure, the proposed ordinance establishes the Code Enforcement Section within the Building Division, clarifies supervision and appointment authority, defines inspection and enforcement authority, identifies available administrative and legal remedies, incorporates current references to applicable California law, and strengthens coordination with other City departments. These amendments provide a more comprehensive framework for administering the City's code enforcement program while preserving the flexibility necessary to address a wide range of municipal code violations.

The proposed ordinance does not eliminate or diminish the independent statutory authority of the Fire Marshal, Fire Chief, Police Chief, or any other City official authorized by state law. Rather, it provides organizational clarity by placing responsibility for the City's general municipal code enforcement program within the Building Division while preserving interdepartmental coordination on matters involving fire and life safety, building regulations, nuisance abatement, zoning, housing, and other applicable state and local laws.

Because the proposed amendments are administrative and organizational in nature, staff does not anticipate any change in the level of code enforcement services provided to the community. If authorized, the City Clerk will notice a Item No. 22.
public hearing for the August 4, 2026, City Council meeting, where the City Council will receive public testimony and consider the first reading of the proposed ordinance.

RECOMMENDATION: That the City Council:

1. Authorize the City Clerk to schedule a public hearing for the August 4, 2026, City Council meeting to consider amendments to Chapter 2, Article IV of the Porterville Municipal Code relating to the Code Enforcement Section; and

2. Direct staff to return the proposed ordinance to the City Council on August 4, 2026, for a public hearing and consideration of the first reading.

ATTACHMENTS: 1. PCC, Ch 2, Article IV, Code Enforcement Relocation redline

2. PCC, Ch 2, Article IV, Code Enforcement Relocation draft Appropriated/Funded:

Review By:

Department Director:

Clayton Dignam, Acting Planning and Engineering Director Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk City of Porterville Municipal Code - Chapter 2, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

Marking Meaning
Deleted text Existing ordinance text proposed for deletion or replacement.

Added text Proposed new ordinance text.

CITY OF PORTERVILLE

MUNICIPAL CODE
CHAPTER 2: ADMINISTRATION
ARTICLE IV. CODE ENFORCEMENT OFFICER
ARTICLE IV: CODE ENFORCEMENT SECTION
(As Amended [Ord. XXXX, Adopted ________])
SECTION:
2-26.1: Appointment; Jurisdiction
2-26.2: Duties
2-26.3: Enforcement
2-26.4: Compliance
2-26.1: Creation and Organization of the Code Enforcement Section 2-26.2: Appointment; Jurisdiction; Supervision
2-26.3: Designation as Public Officer; Citation and Arrest Authority 2-26.4: Duties
2-26.5: Enforcement Authority; Applicable Codes
2-26.6: Inspection Authority; Warrants
2-26.7: Administrative and Legal Remedies
2-26.8: Compliance; Voluntary and Compelled
2-26.9: Coordination with Other Departments and Agencies 2-26.1: APPOINTMENT; JURISDICTION:
2-26.1: CREATION AND ORGANIZATION OF THE CODE ENFORCEMENT SECTION:

A duly appointed employee of the prevention division of the fire department, as defined in Section 829.5 of the California Penal Code, the code enforcement officer shall be authorized to perform the enforcement duties identified in this article and as otherwise defined in this code. The code enforcement officer will work closely with members of other departments, including public works, community development, parks and leisure services, finance, and police. The code enforcement officer will work closely with other local, state, or federal agencies as needed. The code enforcement officer shall be under the supervision of the fire chief, or his or her designee. (Ord. 1720 § 2, 5-1-2007; Ord. 1899, 11-15-2022)
There is hereby created within the Building Division of the Planning and Engineering Department, a Code Enforcement Section. The official in charge of the Code Enforcement Section shall be the Building Official, or a duly authorized representative designated by the Building Official with the approval of the City Manager.

Nothing in this article shall be construed to limit or eliminate enforcement authority otherwise conferred by state law upon any other officer or agency of the City, including the Fire Marshal, Fire Chief, and Police Chief with respect to matters within their respective jurisdictions.

Note: Ord. 1720 § 2, 5-1-2007; Ord. 1899, 11-15-2022; Ord. XXXX, [date] 2-26.2: DUTIES:
2-26.2: APPOINTMENT; JURISDICTION; SUPERVISION:

The duties of the code enforcement officer shall include, but are not limited to, issues involving property maintenance by abating hazardous conditions which threaten the life, health, safety and welfare of the public.

Duties include enforcement of any statute, rule, regulation, or standard, and who is authorized to issue citations, or file formal complaints. (Ord. 1720 § 2, 5-1-2007; Ord. 1899, 11-15-2022) City of Porterville Municipal Code - Chapter 2, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

Code enforcement officers shall be duly appointed employees of the Code Enforcement Section of the Building Division, as defined in Section 829.5 of the California Penal Code. Code enforcement officers shall be authorized to perform enforcement duties identified in this article and as otherwise defined by applicable state and local law.

Code enforcement officers shall be under the direct supervision of the Building Official, or his or her designee, who shall serve as the appointing and supervising authority for all code enforcement personnel assigned to the division. The Building Official may designate a Code Enforcement Officer II to serve as section supervisor.

The Building Official is authorized to appoint deputy officers, inspectors, and other technical personnel necessary to carry out the functions of the Building Division, including the Code Enforcement Section, in accordance with the City's personnel rules and the concurrence of the City Manager.

Note: Ord. XXXX, [date].
2-26.3: ENFORCEMENT:
2-26.3: DESIGNATION AS PUBLIC OFFICER; CITATION AND ARREST AUTHORITY:

The code enforcement officer shall enforce the provisions of all applicable state and city codes including, but not limited to, this code, the California Health and Safety Code, business and professions code, labor code, uniform fire code, uniform building code, uniform housing code and uniform code for the abatement of dangerous buildings, as said codes may from time to time be amended. (Ord. 1720 § 2, 5-1-2007; Ord. 1899, 11-15-2022) Code enforcement officers are hereby designated as public officers of the City of Porterville within the meaning of Section 836.5 of the California Penal Code. Pursuant to the authority granted to the City's governing body under Penal Code Section 836.5(d), code enforcement officers assigned to the Code Enforcement Division are hereby authorized by ordinance to:
(A) Make arrests without a warrant whenever the officer has reasonable cause to believe that a person has committed a misdemeanor in the officer's presence that constitutes a violation of any statute or ordinance the officer has a duty to enforce;
(B) Issue criminal citations (written notices to appear) for misdemeanor and infraction violations of applicable state codes and City ordinances, pursuant to Penal Code Section 836.5 and Section 853.6; (C) Issue administrative citations for violations of applicable state codes and City ordinances, pursuant to any administrative citation authority conferred by City ordinance; and (D) File formal complaints with the City Attorney or other appropriate prosecutorial authority for prosecution of unresolved violations.

This authority shall apply only while the officer is acting within the scope of his or her official duties and only with respect to statutes, regulations, or ordinances the officer has a duty to enforce.

Code enforcement officers, as defined under Penal Code Section 829.5, are not peace officers as defined in Penal Code Chapter 4.5 (commencing with Section 830) and shall not exercise peace officer powers beyond those specifically conferred by this article and applicable state law.

Note: Ord. XXXX, [date].
2-26.4: COMPLIANCE:
2-26.4: DUTIES:

The code enforcement officer shall make reasonable attempts to work with property owners/residents to obtain voluntary compliance. However, the code enforcement officer shall also have authority to issue citations and pursue other legal remedies as necessary and as authorized by local or state law. (Ord. 1720 § 2, 5-1-2007; Ord. 1899, 11-15-2022)
The duties of code enforcement officers shall include, but are not limited to:

City of Porterville Municipal Code - Chapter 2, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. (A) Investigating complaints and conducting proactive inspections of properties within the City for violations of applicable codes, ordinances, and regulations;
(B) Identifying and abating hazardous conditions that threaten the life, health, safety, and welfare of the public, occupants, or neighboring properties;
(C) Issuing notices of violation, correction notices, notices to vacate, stop-work orders, and orders to abate, as appropriate;
(D) Documenting violations and maintaining accurate case files and enforcement records; (E) Working collaboratively with property owners, tenants, and responsible parties to achieve voluntary compliance wherever feasible; and
(F) Referring matters requiring prosecution, receivership, injunctive relief, or other judicial action to the City Attorney or appropriate authority.

Note: Ord. 1720 § 2, 5-1-2007; Ord. 1899, 11-15-2022; Ord. XXXX, [date] 2-26.5: ENFORCEMENT AUTHORITY; APPLICABLE CODES:

Code enforcement officers shall have authority to enforce the provisions of all applicable state and local codes, regulations, and ordinances, including but not limited to:
(A) The Porterville Municipal Code;
(B) The California Building Code (CBC), Title 24, Part 2; (C) The California Residential Code (CRC), Title 24, Part 2.5; (D) The California Fire Code (CFC), Title 24, Part 9;
(E) The California Electrical Code (CEC), Title 24, Part 3; (F) The California Mechanical Code (CMC), Title 24, Part 4; (G) The California Plumbing Code (CPC), Title 24, Part 5; (H) The California Energy Code, Title 24, Part 6;
(I) The California Green Building Standards Code (CALGreen), Title 24, Part 11; (J) The California Health and Safety Code, including but not limited to Division 13, Part 1.5 (State Housing Law, commencing at Section 17910); Division 13, Part 2 (Hotel and Motel Regulations); and related provisions governing substandard buildings and nuisance abatement; (K) The California Business and Professions Code, to the extent applicable to building, contractor, and license requirements;
(L) The Uniform Housing Code and Uniform Code for the Abatement of Dangerous Buildings, as locally adopted; (M) Applicable provisions of the California Labor Code; (N) Applicable provisions of the California Government Code, including but not limited to police powers conferred under Section 54988 and related provisions;
(O) Any other state or local code, regulation, standard, or ordinance assigned to the Code Enforcement Division by the Building Official or City Manager.

Code enforcement officers shall enforce all such codes as they may be amended from time to time. The Planning and Engineering Director may, by written directive, designate additional codes or ordinances for enforcement by the Building Division and Code Enforcement Section.

Note: Ord. 1720 § 2, 5-1-2007; Ord. 1899, 11-15-2022; Ord. XXXX, [date] City of Porterville Municipal Code - Chapter 2, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. 2-26.6: INSPECTION AUTHORITY; WARRANTS:

Code enforcement officers are authorized to enter and inspect any building, structure, premises, or property within the City at reasonable times for the purpose of investigating violations of the codes and regulations identified in Section 2-26.5, or of ascertaining compliance with any notice, order, or permit issued under those codes.

Where the owner, occupant, or responsible party consents to entry, no warrant shall be required. Where consent is denied or cannot be obtained, code enforcement officers shall seek an administrative inspection warrant pursuant to the procedures set forth in the California Code of Civil Procedure, commencing at Section 1822.50.

Nothing in this section shall limit the authority of officers to enter and inspect without a warrant where exigent circumstances exist, consent is expressed or implied, or where otherwise authorized by applicable law.

Note: Ord. XXXX, [date]. Inspection warrant authority grounded in Cal. Code Civ. Proc. §§ 1822.50–1822.57. 2-26.7: ADMINISTRATIVE AND LEGAL REMEDIES:

In addition to citation authority, code enforcement officers and the Building Official shall have authority to employ the following remedies as authorized by applicable state and local law:
(A) Issuance of notices of violation and orders to correct, with specified compliance deadlines; (B) Issuance of orders to vacate unsafe structures pursuant to California Health and Safety Code Section 17980 and related provisions;
(C) Imposition of administrative fines and penalties pursuant to applicable City ordinance; (D) Abatement of public nuisances, with cost recovery against the responsible property owner, pursuant to applicable City ordinance and California Government Code Section 38771 et seq.; (E) Recordation of notices of violation against property title pursuant to California Health and Safety Code Section 17985 and applicable local ordinance;
(F) Referral to the City Attorney for civil injunctive relief, nuisance abatement litigation, or receivership proceedings pursuant to California Health and Safety Code Section 17980.7 (as amended, including by SB 1465, effective January 1, 2025, which extended receivership authority to non-residential substandard buildings); and (G) Revocation or withholding of building permits, certificates of occupancy, or business license sign-off pending resolution of outstanding code violations, in coordination with the Building Official and other applicable departments.

Note: Ord. XXXX, [date].
2-26.8: COMPLIANCE; VOLUNTARY AND COMPELLED:

Code enforcement officers shall make reasonable attempts to work with property owners, occupants, and responsible parties to obtain voluntary compliance with applicable codes and regulations. Outreach, education, and good-faith negotiation of reasonable compliance timelines are encouraged where such efforts are consistent with public safety.

Voluntary compliance efforts shall not preclude the use of administrative or legal remedies where violations present an immediate threat to public health or safety, where a responsible party has failed to comply within a reasonable time, or where circumstances otherwise warrant formal enforcement action. The Building Official retains final authority over enforcement strategy and prioritization within the division.

City of Porterville Municipal Code - Chapter 2, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

Note: Ord. 1720 § 2, 5-1-2007; Ord. 1899, 11-15-2022; Ord. XXXX, [date]. 2-26.9: COORDINATION WITH OTHER DEPARTMENTS AND AGENCIES:

Code enforcement officers shall work collaboratively with other City departments, including but not limited to the Fire Department, Public Works, Community Development, Parks and Leisure Services, Finance, and Police, as well as with other local, state, and federal agencies, as needed to carry out the purposes of this article.

Where a matter within the Code Enforcement Section's jurisdiction involves fire and life safety issues regulated by the California Fire Code or other standards under the authority of the Fire Marshal, the Building Official shall coordinate with the Fire Marshal as appropriate and may refer specific matters to the Fire Department for concurrent or independent enforcement action under the Fire Department's independent statutory authority.

Note: Ord. 1720 § 2, 5-1-2007; Ord. 1899, 11-15-2022; Ord. XXXX, [date].

CODE AUTHORITY AND REFERENCES
The following references provide the principal legal authority supporting the provisions of this article:

Cal. Penal Code § 829.5: Statutory definition of "code enforcement officer" for personnel not otherwise classified as peace officers under § 830 et seq.

Cal. Penal Code § 836.5: Confers misdemeanor citation and warrantless arrest authority upon public officers and employees by local ordinance; applicable to code enforcement officers.

Cal. Penal Code § 853.6: Written notice-to-appear (citation) procedure for misdemeanor violations.

Cal. Health & Safety Code § 17980 et seq. (State Housing Law): Enforcement agency authority to inspect, order abatement, and compel repair, vacation, or demolition of substandard buildings; receivership extended to nonresidential buildings by SB 1465 (eff. Jan. 1, 2025).

Cal. Code Civ. Proc. §§ 1822.50–1822.57: Administrative inspection warrant procedure for non-consensual inspections.

Cal. Government Code § 54988: Municipal police powers authority for code enforcement cost recovery.

Cal. CBC § 104 (Title 24, Part 2): Duties and powers of the building official, including interpretation, enforcement, and approval authority.

Cal. Government Code § 38771: Authority for municipalities to declare and abate public nuisances.

CITY OF PORTERVILLE

MUNICIPAL CODE
CHAPTER 2: ADMINISTRATION
ARTICLE IV: CODE ENFORCEMENT SECTION
(As Amended [Ord. XXXX, Adopted ________])
SECTION:
2-26.1: Creation and Organization of the Code Enforcement Section 2-26.2: Appointment; Jurisdiction; Supervision
2-26.3: Designation as Public Officer; Citation and Arrest Authority 2-26.4: Duties
2-26.5: Enforcement Authority; Applicable Codes
2-26.6: Inspection Authority; Warrants
2-26.7: Administrative and Legal Remedies
2-26.8: Compliance; Voluntary and Compelled
2-26.9: Coordination with Other Departments and Agencies 2-26.1: CREATION AND ORGANIZATION OF THE CODE ENFORCEMENT SECTION:

There is hereby created within the Building Division of the Planning and Engineering Department, a Code Enforcement Section. The official in charge of the Code Enforcement Section shall be the Building Official, or a duly authorized representative designated by the Building Official with the approval of the City Manager.

Note: Ord. 1720 § 2, 5-1-2007; Ord. 1899, 11-15-2022; Ord. XXXX, [date] 2-26.2: APPOINTMENT; JURISDICTION; SUPERVISION:

Code enforcement officers shall be duly appointed employees of the Code Enforcement Section of the Building Division, as defined in Section 829.5 of the California Penal Code.

Code enforcement officers shall be authorized to perform enforcement duties identified in this article and as otherwise defined by applicable state and local law.

Note: Ord. XXXX, [date].
2-26.3: DESIGNATION AS PUBLIC OFFICER; CITATION AND ARREST AUTHORITY:

Code enforcement officers are hereby designated as public officers of the City of Porterville within the meaning of Section 836.5 of the California Penal Code. Pursuant to the authority granted to the City's governing body under Penal Code Section 836.5(d), code enforcement officers assigned to the Code Enforcement Division are hereby authorized by ordinance to:
(A) Make arrests without a warrant whenever the officer has reasonable cause to believe that a person has committed a misdemeanor in the officer's presence that constitutes a violation of any statute or ordinance the officer has a duty to enforce; (B) Issue criminal citations (written notices to appear) for misdemeanor and infraction violations of applicable state codes and City ordinances, pursuant to Penal Code Section 836.5 and Section 853.6;
(C) Issue administrative citations for violations of applicable state codes and City ordinances, pursuant to any administrative citation authority conferred by City ordinance; and
(D) File formal complaints with the City Attorney or other appropriate prosecutorial authority for prosecution of unresolved violations.

Note: Ord. XXXX, [date].
2-26.4: DUTIES:

The duties of code enforcement officers shall include, but are not limited to:
(A) Investigating complaints and conducting proactive inspections of properties within the City for violations of applicable codes, ordinances, and regulations; (B) Identifying and abating hazardous conditions that threaten the life, health, safety, and welfare of the public, occupants, or neighboring properties; (C) Issuing notices of violation, correction notices, notices to vacate, stop-work orders, and orders to abate, as appropriate;
(D) Documenting violations and maintaining accurate case files and enforcement records;
(E) Working collaboratively with property owners, tenants, and responsible parties to achieve voluntary compliance wherever feasible; and
(F) Referring matters requiring prosecution, receivership, injunctive relief, or other judicial action to the City Attorney or appropriate authority.

Note: Ord. 1720 § 2, 5-1-2007; Ord. 1899, 11-15-2022; Ord. XXXX, [date] 2-26.5: ENFORCEMENT AUTHORITY; APPLICABLE CODES:

1.5 (State Housing Law, commencing at Section 17910); Division 13, Part 2 (Hotel and Motel Regulations); and related provisions governing substandard buildings and nuisance abatement;
(K) The California Business and Professions Code, to the extent applicable to building, contractor, and license requirements;
(L) The Uniform Housing Code and Uniform Code for the Abatement of Dangerous Buildings, as locally adopted;
(M) Applicable provisions of the California Labor Code; (N) Applicable provisions of the California Government Code, including but not limited to police powers conferred under Section 54988 and related provisions; (O) Any other state or local code, regulation, standard, or ordinance assigned to the Code Enforcement Division by the Building Official or City Manager.

Note: Ord. 1720 § 2, 5-1-2007; Ord. 1899, 11-15-2022; Ord. XXXX, [date] 2-26.6: INSPECTION AUTHORITY; WARRANTS:

Note: Ord. XXXX, [date]. Inspection warrant authority grounded in Cal. Code Civ. Proc. §§ 1822.50–1822.57.
2-26.7: ADMINISTRATIVE AND LEGAL REMEDIES:

In addition to citation authority, code enforcement officers and the Building Official shall have authority to employ the following remedies as authorized by applicable state and local law:
(A) Issuance of notices of violation and orders to correct, with specified compliance deadlines;
(B) Issuance of orders to vacate unsafe structures pursuant to California Health and Safety Code Section 17980 and related provisions;
(C) Imposition of administrative fines and penalties pursuant to applicable City ordinance; (D) Abatement of public nuisances, with cost recovery against the responsible property owner, pursuant to applicable City ordinance and California Government Code Section 38771 et seq.;
(E) Recordation of notices of violation against property title pursuant to California Health and Safety Code Section 17985 and applicable local ordinance; (F) Referral to the City Attorney for civil injunctive relief, nuisance abatement litigation, or receivership proceedings pursuant to California Health and Safety Code Section 17980.7 (as amended, including by SB 1465, effective January 1, 2025, which extended receivership authority to non-residential substandard buildings); and (G) Revocation or withholding of building permits, certificates of occupancy, or business license sign-off pending resolution of outstanding code violations, in coordination with the Building Official and other applicable departments.

Note: Ord. XXXX, [date].
2-26.8: COMPLIANCE; VOLUNTARY AND COMPELLED:

Note: Ord. 1720 § 2, 5-1-2007; Ord. 1899, 11-15-2022; Ord. XXXX, [date]. 2-26.9: COORDINATION WITH OTHER DEPARTMENTS AND AGENCIES:

Note: Ord. 1720 § 2, 5-1-2007; Ord. 1899, 11-15-2022; Ord. XXXX, [date].

Item No. 23.

CITY COUNCIL AGENDA – JULY 21, 2026
SUBJECT: Authorization to Schedule a Public Hearing to Consider Amendments to Chapter 15 of the Porterville Municipal Code Relating to the Administrative Transfer of Business License Functions.

SOURCE: Planning and Engineering
COMMENT: As part of the City's recent organizational restructuring, responsibility for administering the City's Business License Program was transferred from the Finance Department to the Planning and Engineering Department. While the organizational change has already been implemented, Chapter 15 of the Porterville Municipal Code continues to reference the former administrative structure. The proposed ordinance updates the Municipal Code to reflect the City's current organization by replacing references to the Finance Director with the Director of Planning and Engineering or designee where appropriate.

The proposed amendments are administrative in nature and do not modify the City's business license requirements, license fees, enforcement authority, appeal procedures, exemptions, or any other substantive provisions of Chapter

15. Existing requirements for businesses operating within the City will remain unchanged. The ordinance simply ensures that the Municipal Code accurately reflects the department now responsible for administering the Business License Program.

Maintaining an accurate Municipal Code promotes efficient administration, reduces confusion for the public and staff, and ensures consistency between the City's organizational structure and its governing regulations. This ordinance represents one of several administrative code updates that may be brought forward as the City continues implementing organizational improvements and modernizing its Municipal Code.

Because the proposed amendments are administrative only, staff does not anticipate any operational impacts to the business community or changes to the City's Business License Program.

There is no fiscal impact associated with scheduling the public hearing or adopting the proposed ordinance.

Item No. 23.

RECOMMENDATION: That the City Council authorize the City Clerk to schedule a public hearing for the August 4, 2026, City Council meeting to consider the first reading of an ordinance amending Chapter 15 of the Porterville Municipal Code relating to the administrative transfer of Business License functions.

ATTACHMENTS: 1. Porterville Chapter15 Amended Redline

2. Porterville Chapter15 Amended Complete
Appropriated/Funded:

Review By:

Department Director:

Clayton Dignam, Acting Planning and Engineering Director Final Approver: Fernando Gabriel-Moraga, Chief Deputy City Clerk City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

Marking Meaning
Deleted text Existing ordinance text proposed for deletion or replacement.

Added text Proposed new ordinance text.

CITY OF PORTERVILLE

MUNICIPAL CODE
CHAPTER 15: LICENSES AND BUSINESS REGULATIONS
(As Amended [Ord. XXXX, Adopted ________)
ARTICLE I. GENERAL PROVISIONS
SECTION:
15-1: Definitions
15-2: Purpose Of Chapter
15-3: Substitute For Other Revenue Ordinances
15-4: Effect Of Chapter On Past Actions And Obligations Previously Accrued 15-5: License Required
15-5.1: Refusal To Issue License
15-6: Exemptions
15-7: Application For License
15-8: License Issuance
15-9: License Renewal
15-9.1: Termination Of Business
15-10: Penalties
15-11: Enforcement, Inspections And Audits Of Businesses 15-11.1: License Fee Debt; Minimum Fee
15-12: Revocability Of License
15-13: Appeals
15-14: Failure To File Statement Or Corrected Statement 15-15: Additional Power Of Collector
15-16: Assignment Or Transfer; License Or Location
15-17: Reserved
15-18: Duplicate License
15-18.1: Refunds
15-19: Posting And Keeping Licenses
15-20: Regulations
City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. 15-21: Violation
15-1: DEFINITIONS:

For the purposes of this chapter, certain words and phrases used herein are defined as follows:

ADVERTISING SOLICITOR: Any person who goes from place to place within the city selling or offering to sell advertising service using any advertising method.

AMUSEMENTS, AMUSEMENT RIDES: One or more merry-go-rounds, exhibitions, flying horses, Ferris wheels, or other similar devices.

ARCADE: A commercial establishment containing any combination of five (5) or more apparatuses, devices and/or machines operated by payment of fees and where the apparatus, devices and/or machines make possible a game or contest.

AUCTION SALES: All sales by auction of personal and/or real property.

BUSINESS: Professions, trades and occupations, and all and every kind of calling whether or not carried on for profit.

CARD ROOM: Any room in which there are card tables used, kept or intended for use in the playing of any kind of legal card game where the same is conducted as a business or in connection with a business.

CARNIVAL: A group of two (2) or more shows, entertainments, games, devices, mechanical rides, amusements, vaudeville or dramatic or minstrel performance, or games, tricks, devices or wheels, the result of the operation of which is dependent upon chance or skill, and as a result of the operation of which things or representatives of value are given or paid.

The charging of a single admission fee to a carnival shall not limit the provisions of this chapter.

CITY: City of Porterville, Tulare County, state of California.

COLLECTOR: The administrative services manager Director of Planning and Engineering of the city and duly authorized assistants and/or deputies of the director.

CONTRACTORS: Means and includes those trades licensed by the state contractors' licensing board.

FIXED PLACE OF BUSINESS OR ESTABLISHED BUSINESS WITHIN THE CITY: A permanent store, office or place where business is legally and regularly transacted from month to month in such manner as business of that nature is generally or customarily carried on and conducted and when the circumstances show an intention to become an established, fixed and continuous part of the regular and legitimate business life of the city. In questionable cases, such facts must be shown by the exhibition of a bona fide lease or rental agreement to the premises where such business is to be conducted, such lease or rental agreement to be for a minimum period of not less than ninety (90) days.

FLEA MARKET OR SWAP MEET: Any collection of two (2) or more vendors gathered together in a common area segregated by spaces, booths or other designated selling locations for the purpose of selling, offering to sell, bartering, or offering to barter, or any combination thereof, goods, wares, merchandise or articles of value. This definition shall be City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. liberally construed so as to apply to any activity commonly known and referred to as a flea market, swap meet, or farmers' market.

FLEA MARKET OR SWAP MEET OPERATOR: Any person, corporation or organization conducting, managing or engaging in the business of operating a swap meet, flea market, or farmers' market.

FLEA MARKET OR SWAP MEET VENDOR: Any person, corporation or organization, and all employees and agents thereof, who purchases or acquires a space or spaces from a flea market or swap meet operator, or who purchases or acquires the right to be on the premises for the purpose of operating a business at a flea market, swap meet, or farmers' market.

GOING OUT OF BUSINESS SALE: A sale held out in such a manner as to reasonably cause the public to believe that upon the disposal of the stock of goods on hand the business will cease and be discontinued, including, but not limited to, the following types of sales:
adjusters; adjustment; alteration; assignees; bankrupt; benefit of administrator; benefit of creditors; benefit of trustees; building coming down; closing; creditors committee; creditors; end; executors; final days; forced out; forced out of business; insolvent; last days; lease expires; liquidation; loss of lease; mortgage sale; receivers; trustees; quitting business; going out of business.

GOODS: Any goods, wares, merchandise or other personal property capable of being the objects of a sale regulated hereunder.

GROSS RECEIPTS: Shall include the total amount of the sale price of all sales and the total amount charged or received for the performance of any act or service, of whatever nature it may be, for which a charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale of materials, goods, wares or merchandise.

Included in "gross receipts" shall be all receipts, cash credits and property of any kind or nature, without any deduction therefrom on account of the cost of the property sold, the cost of the materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever. Included in "gross receipts" as concerns telephone companies shall be only those receipts derived from providing telephone service within the city and only receipts resulting from intrastate telephone service. Excluded from "gross receipts" shall be cash discounts allowed and taken on sales; credit allowed on property accepted as part of the purchase price and which property may later be sold; any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser; such part of the sale price of property returned by purchasers upon recession of the contract of sale as is refunded whether in cash or by credit; amounts collected for others where the business is acting as an agent or trustee to the extent that such amounts are paid to those from whom collected.

Note: All receipts of a business should be included under gross receipts with the following exceptions:

A. Cash discounts allowed.

B. Trade in allowances.

C. Sales tax.

D. Excise tax.

E. Any other tax included in or added to the price of the product.

City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

F. Sales return allowances.

G. Amounts collected as an agent which are to be paid to others. (An example of this might be a down payment collected by a realtor or a stock purchase price collected by a stockbroker.)
INSURANCE BROKER: A person who, for compensation and on behalf of another person, transacts insurance other than life with, but not on behalf of, an insurer.

ITINERANT VENDOR OR ITINERANT MERCHANT: All persons, both principal and agent, who engage in a temporary or transient business in the city, selling or offering to sell goods, wares or merchandise or any other thing of value, with the intention of conducting such business for a period of less than ninety (90) days, and who for the purpose of such business hires, leases or occupies any room, doorway, vacant lot, building or other place, for the exhibition for sale of goods, wares, merchandise or other thing of value. If any such place, occupied or used for such business, is rented or leased for a period of less than ninety (90) days, such fact shall be presumptive evidence that the business carried on therein is a transient business; and any person so engaged shall not be relieved from the provisions of this section or from payment of the license taxes herein provided for such business, by reason of any temporary association with local dealer, trader, merchant or auctioneer. The provisions of this definition shall not apply to commercial travelers or selling agents, selling their goods exclusively to merchants, dealers or traders, whether selling for present or future delivery, by sample or otherwise, nor to peddlers, as the same is defined in this chapter.

Further, the provisions of this definition shall not apply to persons selling fruit, vegetables, eggs, butter or other farm or ranch products of their own farm or dairy, exclusively, nor shall it apply to food products defined as "cottage foods" pursuant to the Health And Safety Code, live plants or plant cuttings, or homemade arts or crafts when such items are offered for sale by the preparer at a coordinated farmers' market or similar event approved through the city.

PAID PROMOTER: Every person, and each agent or representative of such person conducting, carrying on or managing, for any compensation whatsoever, the business of selling tickets for, or promoting by advertising or otherwise, any activity within the city.

PARADE: Any march or procession consisting of persons, animals, or vehicles, or a combination thereof, except funeral processions, upon any public street, sidewalk, alley, or public place, which march or procession does not comply with normal and usual traffic regulation or control.

PEDDLER: Any person who goes from house to house, place to place, or in or along the streets, within the city selling or offering to sell, barter or exchange, and making or offering to make immediate delivery of any goods, wares, merchandise or anything of value, in the possession of the peddler to persons other than manufacturers, wholesalers, jobbers or retailers of such commodities; provided, that a producer who furnishes directly and delivers any poultry, eggs, butter, fruit, vegetables or meat being exclusively the produce of his own garden, farm, ranch, or dairy to persons within the city, shall not be deemed a peddler within the meaning of this definition.

PERSON: All domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, societies, and individuals transacting and carrying on any business in the city other than as an employee.

PERSONAL LOANS OR SUPPLIER OF FINANCING: Every person who either for himself or any other person engages in the business of loaning money, advancing credit, loaning City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. credit, whether security of any kind (personal or real property) is taken for such loan or advance or not, or purchasing or discounting of any obligation of money due or to become due or any evidence of any obligation of money due, whether such obligation is secured or guaranteed or not. Nothing in this definition shall be deemed or construed to apply to any person conducting a banking business or financial corporation exempt under the laws of California, or to persons required to be licensed by the state of California under provisions of the "personal property brokers act", or to the holder of a pawnbroker's license.

QUARTER: A period of three (3) calendar months. The "quarter" as referred to in this chapter shall commence on the first days of July, October, January, and April and end on the last days of September, December, March and June. A quarter shall include any fraction thereof.

RECYCLABLE WASTE HAULER: Any person who goes from place to place, or business to business, within the city collecting and hauling recyclable waste materials such as bottles, cans, cardboard, oil, paper or paper products, or any other substance for the purpose of reclamation or other use. Nothing in this definition shall be deemed or construed to apply to any person conducting business as a junk dealer.

REMOVAL OF BUSINESS SALE: A sale held out in such a manner as to reasonably cause the public to believe that the person conducting the sale will cease and discontinue business at the place upon disposal of the stock of goods on hand and then will remove to and resume business at a new location in the city or will continue business from other existing locations in the city.

SEMIANNUAL: A period of six (6) calendar months. The semiannual period as referred to in this chapter shall commence on the first days of July and January and end on the last days of December and June. A semiannual period shall include any fraction thereof.

SOLICITOR OR CANVASSER: Any person who goes from house to house or from place to place within the city, selling or taking orders for, or offering to sell or take orders for, any goods, wares or merchandise or any article, for future delivery, or selling or taking orders for any service or services to be furnished or performed in the future at any place within the city other than a fixed place of business, or for making, manufacturing, treating or repairing of any article or thing whatsoever, for future delivery.

STREET VENDORS/PUSH CART VENDORS: Every person conducting, carrying on or managing the selling or offering for sale any food, beverages, goods, wares, merchandise of any type including, but not limited to, plants, flowers, toys, paintings, furniture, or rugs, or articles of personal property, in his/her possession, if the offer for sale occurs from a basket, box or any other type of receptacle, stand, wagon, motor vehicle, push cart, or any other type of vehicle. (Ord. 1324, 12-18-1984; Ord. 1531 § A1, 6-18-1996; Ord. 1586 § A1, 5-16- 2000; Ord. 1820, 12-16-2014; Ord. XXXX, [date])
15-2: PURPOSE OF CHAPTER:

This chapter is enacted to raise revenue for municipal purposes and to assure the orderly conduct of the business community of the city. (Ord. 1324, 12-18-1984) 15-3: SUBSTITUTE FOR OTHER REVENUE ORDINANCES:

Persons required to pay a license tax for transacting and carrying on any business under this chapter shall not be relieved from the payment of any license tax for the privilege of City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. doing such business required under any other ordinance or chapter of this code and shall remain subject to the regulatory
provisions of other ordinances. (Ord. 1324, 12-18-1984) 15-4: EFFECT OF CHAPTER ON PAST ACTIONS AND OBLIGATIONS PREVIOUSLY ACCRUED:

Neither this chapter nor its superseding of any portion of any other ordinance or chapter of this code shall in any manner be construed to affect prosecution for violation of any other ordinance or chapter committed prior to the effective date hereof, nor be construed as a waiver of any license or any penal provisions applicable to any such violation, nor be construed to affect the validity of any bond or cash deposit required by any ordinance to be posted, filed or deposited; and all rights and obligations thereunto appertaining shall continue in full force and effect. (Ord. 1324, 12-18-1984) 15-5: LICENSE REQUIRED:

A. General Business License: There are hereby imposed upon the businesses, trades, professions, callings and occupations transacting business within the city, license taxes in the amounts hereinafter prescribed. It shall be unlawful for any person to transact and carry on any business, trade, profession, calling or occupation in the city without first having procured a license from said city so to do or without complying with any and all applicable provisions of this chapter. This section shall not be construed to require any person to obtain a license prior to doing business within the city if such requirement conflicts with applicable statutes of the United States or of the state of California.

Persons not required to obtain a license prior to doing business within the city because of conflict with applicable statutes of the United States or of the state of California shall not be liable for payment of the tax imposed by this chapter.

B. Card Room: A license shall be obtained by any person to conduct, operate, or carry on, or permit to be carried on, the business of a card room.

C. Junk Dealer And/Or Collector: A license shall be obtained by any person before engaging in the business of maintaining or operating, conducting, carrying on, or managing a junk or secondhand dealership.

D. Branch Establishments Or Multiple Businesses: A separate business license must be obtained for each branch establishment or location of the business transacted and carried on and for each separate type of business at the same location, and each business license shall authorize the holder to transact and carry on only the business described thereby at the location or in the manner designated in such business license; provided, that warehouses used in connection with or incidental to a business taxed under the provisions of this chapter shall not be deemed to be separate places of business or branch establishments; and provided further that any person conducting two (2) or more types of businesses at the same location and under the same management, or at different locations, but which businesses use a single set or integrated set of books and records, may at his option, pay only one tax calculated on all gross receipts of the businesses under the schedule that applies to the type of business of such person which requires the highest percentage payment on such gross receipts. Vehicles, coin operated City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. machines or any other type of operation incidental to the licensed business shall fall within the gross receipts schedule designated for said business. However, wherein two (2) or more businesses are operated under the same ownership or management that are licensed under the "flat rate" section of this chapter, that flat rate of each type of business shall apply.

E. Sale Of Salvaged Goods: No license shall be required under the provisions of this chapter for the sale of goods, wares or merchandise salvaged from any fire, wreck or other calamity in the city. (Ord. 1324, 12-18-1984)
15-5.1: REFUSAL TO ISSUE LICENSE:

A. Nothing in this chapter shall be deemed to prevent the city council from refusing to grant to any person a license to carry on and conduct any business in the city, when it shall appear to the city council that such business is, or is reasonably certain to be, carried on in such manner as to be unlawful, immoral or a menace to the health, safety, peace or general welfare of the people of the city, or that the applicant is not a fit or proper person to carry on such business, or of such character and reputation as to render it reasonably certain that such business will be carried on by the applicant in an illegal or immoral manner, or in such manner as to constitute a menace to the health, safety, morals, peace or general welfare of the people of the city, or that the applicant has theretofore been convicted of any crime in connection with, or while engaged in the operation of a similar business in the city, or has been convicted of any crime affecting the moral character of such applicant.

B. The city council shall refuse to issue a business license to any applicant where it is apparent that the issuance of such license would allow for the practice, operation or carrying out of any activity that conflicts with any local, state or federal law. (Ord. 1817, 10-7-2014)
15-6: EXEMPTIONS:

A. Interstate Commerce: Nothing in this chapter shall be deemed or construed to apply to any person transacting and carrying on any business exempt by virtue of the constitution or applicable statutes of the United States or of the state of California from the payment of such taxes as are herein prescribed. None of the license taxes provided for by this chapter shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a license tax is believed by a licensee or applicant for license to place an undue burden upon such commerce, he may apply to the collector for an adjustment of the tax so that it shall not be discriminatory or unreasonable as to such commerce. Such application may be made before, at, or within six (6) months after payment of the prescribed license tax. The applicant shall, by affidavit and supporting testimony, show his method of business and the gross volume or estimated gross volume of business and such other information as the collector may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The collector shall then conduct an investigation and, after having first obtained the written approval of the city attorney, shall fix as the license tax for the applicant, an amount that is reasonable and nondiscriminatory, or if the license tax has already been paid, shall order a refund of the amount over and above the license tax so fixed. In fixing the license tax City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. to be charged, the collector shall have the power to base the license upon a percentage of gross receipts or any other measure which will assure that the license tax assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the license tax as prescribed by this chapter. Should the collector determine the gross receipts measure of license tax to be the proper basis, he may require the applicant to submit, either at the time of termination of applicant's business in the city, or at the end of each six (6) month period, a sworn statement of the gross receipts and pay the amount of license tax therefor; provided, that no additional license tax during any one calendar year shall be required after the licensee shall have paid an amount equal to the annual license tax as prescribed in this chapter. Any person claiming an exemption pursuant to this section shall file a verified statement with the collector stating the facts upon which exemption is claimed. The collector shall, upon a proper showing contained in the verified statement, issue a license to such person claiming exemption under this section without payment to the city of the license tax required by this chapter. The collector, after giving notice and a reasonable opportunity for hearing to a licensee, may revoke any license granted pursuant to the provisions of this section upon information that the licensee is not entitled to the exemption as provided herein.

B. Charitable And Nonprofit Organizations: The provisions of this chapter shall not be deemed or construed to require the payment of a license tax to conduct, manage or carry on any business, occupation or activity from any institution or organization which is conducted, managed or carried on wholly for the benefit of charitable purposes or from which profit is not derived either directly or indirectly, by an individual such to be classified as a nonprofit corporation or organization; nor shall any license tax be required for the conducting of any entertainment, concert, exhibition or lecture on scientific, historical, literary, religious or moral subjects within the city whenever the receipts of any such entertainment, concert, exhibition or lecture are to be appropriated to any church or school or to any religious or benevolent purpose; nor shall any license tax be required for the conducting of any 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 objects for which such organization or association was formed and from which profit is not derived, either directly or indirectly, by any individual; provided, however, that nothing in this section shall be deemed to exempt any such organization or association from complying with any of the provisions of this chapter requiring a permit from the city council or any commission or officer to conduct, manage or carry on any profession, trade, calling or occupation. (Ord. 1324, 12-18-1984)
15-7: APPLICATION FOR LICENSE:

A. General Business License: Every person required to have a license under the provisions of this chapter shall make application for same to the collector of the city.

Every applicant for a business license shall pay to the collector, in addition to the prescribed license tax, a nonrefundable application fee of twenty-five dollars ($25.00) prior to processing of said application. Where the application is approved, the application fee shall be applied to the business license fee for the first licensing period. Where City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. approval of the application is denied, or if the applicant withdraws or cancels request for business license, or if the business license is not issued for any reason, the twenty-five dollar ($25.00) application fee will be retained by the city to cover processing costs of the application. Upon payment of the prescribed license tax the collector shall issue to such person a license which shall contain: 1) the name of the person to whom the license is issued; 2) the business or profession licensed; 3) the place where such business or profession is to be transacted and carried on; 4) the date of the expiration of such license; and 5) such other information as may be necessary for the enforcement of the provisions of this chapter. Upon a person making application for the first license to be issued hereunder or for a newly established business or profession, in all cases where the amount of license tax to be paid is measured by gross receipts, such person shall furnish to the collector for his guidance in ascertaining the amount of license tax to be paid by the applicant, a written statement, upon a form provided by the collector, sworn to before a person authorized to administer oaths, setting forth such information as may be therein required and as may be necessary to determine the amount of the license tax to be paid by the applicant. If the amount of the license tax to be paid by the applicant is measured by gross receipts, he shall estimate the gross receipts for the period to be covered by the license to be issued. Such estimate, if accepted by the collector as reasonable, shall be used in determining the amount of license tax to be paid by the applicant; provided, however, the amount of the license tax so determined shall be tentative only, and such person shall, within thirty (30) days after the expiration of the period for which such license was issued, furnish the collector with a sworn statement, upon a form furnished by the collector, showing the gross receipts during the period of such license, and the license tax for such period shall be finally ascertained and paid in the manner provided by this chapter for the ascertaining and paying of renewal license taxes for other businesses or professions, after deducting from the payment found to be due, the amount paid at the time such first license was issued. The collector shall not issue to any such person another license for the same or any other business or profession, until such person shall have furnished to him the written statement and paid the license tax as herein required. In all cases, the applicant for the renewal of a license shall submit to the collector for his guidance in ascertaining the amount of the license tax to be paid by the applicant, a written statement, upon a form to be provided by the collector, written under penalty of perjury, or sworn to before a person authorized to administer oaths, setting forth such information concerning the applicant's business or profession during the preceding year as may be required by the collector to enable him to ascertain the amount of the license tax to be paid by said applicant pursuant to the provisions of this chapter.

B. Card Room License: Every person desiring to conduct, operate or carry on the business of a card room shall make written application to the chief of police for a license to do so on forms provided by him. The chief of police shall make such investigation of the applicant and of the premises as he deems necessary or is deemed necessary by the city council. (Ord. 1324, 12-18-1984)
15-8: LICENSE ISSUANCE:

A. General Business License: The collector shall issue a business license to any person applying therefor when he is satisfied that the business will not conflict with any law, ordinance or regulation of the city.

City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

B. Card Room License: The chief of police shall report the findings of his investigation as described in subsection 15-7B of this article, together with his recommendation, to the city council. The city council may, in its discretion, issue the license subject to such conditions as it deems reasonable, or refuse to issue the license. The city council shall be the sole judge of the sufficiency of whether the issuance or denial of the license is detrimental to the public health, morals, general welfare or the public peace. The decision of the city council shall be final.

C. Street Vendors/Peddlers Business License: The following information will be collected prior to the issuance of a street vendor/peddler license:

1. A description of the type of food/merchandise to be sold.

2. A description of the type of conveyance or vehicle and proposed locations.

3. Evidence of Tulare County health department certificate.

4. Evidence of general liability insurance, automobile liability, and workers compensation (when applicable).
a. General liability insurance, including public liability, property damage insurance, and products liability, the form of which shall be subject to the approval of the city risk manager, indemnifying the city from any liability whatsoever arising out of the carrying on of any business authorized by such permit. Such insurance shall name the city, its officers, employees, agents and volunteers as additional insured, shall provide for cross liability between insured and provide that the applicant's insurance is primary to any insurance coverage administered or owned by the city.

The amounts of insurance coverage shall be in the form of a one hundredthousand-dollar ($100,000.00) umbrella policy aggregate per incident; b. Workers' compensation insurance as required by state statutes, when operators are employees and not owners; and
c. Automobile liability coverage as required by state statutes.

5. Evidence of payment of the city's business license fee of twenty-five dollars ($25.00) semiannually per vehicle, cart or any other type of conveyance.

6. Photo identification cards to be carried by vendor.

7. Evidence of state sales tax identification number or certificate of state sales tax exemption.

8. Evidence of sound registration statement approval by city police department in accordance with section 3-12 of this code for those street vendors with sound systems.

9. This requirement shall not apply to caterers licensed under section 15-23, gross receipts, classification B, of this code. (Ord. 1324, 12-18-1984; Ord. 1531 § A2, 6-18- 1996)
15-9: LICENSE RENEWAL:

The collector shall renew any general business license upon payment of the proper fee and when the conditions set forth under subsection 15-8A of this article are met. (Ord. 1324, 12- 18-1984)
City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. 15-9.1: TERMINATION OF BUSINESS:

Any business which shall remain within closed doors, without being open to the public for the transaction of business for thirty (30) days shall be deemed and considered to be finally terminated, and the license to conduct same shall be declared to be forfeited, and any person desiring to reopen or continue such business will be required to take out a new license in accordance with the provisions of this chapter.

In the event that the period of thirty (30) days is not or appears to be not sufficient time for the closing of such business, the proprietor or operator of the business may make application to the city council for an extension of time, submitting such evidence as he may have in support of his application, and the decision of the city council shall be final.

The terms conducting business continuously or remaining in business in the city shall mean any business which is open to the public for the transaction of business on every legal business day of the year, Sundays and legal holidays being excepted. An exception will be made in case of a business which is being prepared for a sale or for the purpose of inventory taking at which time not to exceed five (5) days' closure will be allowed; provided, that any business, which from its nature is seasonal or operative for only a portion of each year, may be excepted from the above definition if the applicant for a license will file with the city a declaration or statement of this fact when applying for license; provided, further, that in no case shall a greater than fifty percent (50%) reduction be made from the regular license rate on account of the seasonal nature of the business. (Ord. 1324, 12-18-1984) 15-10: PENALTIES:

A. All license taxes due hereunder shall be paid in the office of the collector unless otherwise expressly provided.

B. For failure to pay a license tax for a general business license when due, whether for renewal of an existing license or for failure to make application and payment for license prior to first day of commencing business, the collector shall add successive, cumulative penalties in the amount of twenty five percent (25%) of the business tax per month on the last day of each month after the due date thereof, providing that the amount of such penalty to be added shall in no event exceed three hundred percent (300%) of the amount of the business tax due.

C. License taxes shall be considered due and payable and delinquent as follows:

1. Application and payment for license must be made prior to the first day of conducting business and shall be considered delinquent at eight o'clock (8:00) A.M. on the first day of conducting such business.

2. Annual license taxes shall be due on July 1 and shall be delinquent at five o'clock (5:00) P.M. on July 31.

3. Semiannual license taxes shall be due on the first day of July and January and shall be delinquent at five o'clock (5:00) P.M. on the last day of the first month in which the semiannual tax is due.

4. Quarterly license taxes shall be due on the first day of July, October, January and April, and delinquent at five o'clock (5:00) P.M. on the last day of the first month in which the quarterly tax is due.

City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

5. Monthly license taxes shall be due on the first day of the month for which the license is sought and delinquent at five o'clock (5:00) P.M. on the last day of said month.

6. Weekly license taxes shall be due on Monday of each week and shall be delinquent at five o'clock (5:00) P.M. on Friday of said week.

7. Daily license taxes shall be due on its effective date and delinquent at five o'clock (5:00) P.M. of due date.

D. In lieu of paying said license taxes at the office of the collector as specified in subsection A of this section, said license taxes may be deposited in United States mail, postage prepaid, on the due date, provided the transmitting envelope contains a postage cancellation stamp showing cancellation not later than twelve o'clock (12:00) midnight on the due date.

E. If the due day falls on Saturday, Sunday or a holiday, the due day shall be the next regular business day on which the city hall is open to the public.

F. The collector may, for good cause, extend for not more than thirty (30) days the time for filing any report or paying any sum required to be paid hereunder. The extension may be granted at any time provided a written request therefor is filed with the collector prior to the delinquency date.

G. The provisions in this section are in addition to and shall not limit the provisions of section 15-21 of this article. (Ord. 1324, 12-18-1984)
15-11: ENFORCEMENT, INSPECTIONS AND AUDITS OF BUSINESSES:

It shall be the duty of the collector, and he is hereby directed, to enforce each and all of the provisions of this chapter. The chief of police shall render such assistance in the enforcement hereof as may from time to time be required by the collector or the city council.

The collector in the exercise of the duties imposed upon him hereunder and, acting through his deputies or duly authorized assistants, shall examine or cause to be examined all places of business in the city to ascertain whether the provisions of this chapter have been complied with. The collector and each and all of his assistants and any police officer of the city of Porterville shall have the power and authority to enter, free of charge, and at any reasonable time, any place of business required to procure a business license herein, and demand an exhibition of said license. Any person having such business license theretofore issued, in his possession or under his control, who wilfully fails to exhibit the same on demand, shall be guilty of a misdemeanor and subject to the penalties provided for by the provisions of this chapter. It shall be the duty of the collector and each of his assistants to seek a complaint from the appropriate authority to be filed against any and all persons found to be violating any of said provisions. No statements shall be conclusive as to the matters set forth therein, nor shall the filing of the same preclude the city from collecting by appropriate action such sum as is actually due and payable hereunder. Such statement and each of the several items therein contained shall be subject to audit and verification by the collector, his deputies, or authorized employees of the city, who are hereby authorized to examine, audit and inspect such books and records of any licensee or applicant for license, as may be necessary in their judgment to verify or ascertain the amount of license fee due.

All licenses, applicants for licenses, and persons engaged in business in the city are hereby required to permit an examination of such books and records for the purposes aforesaid.

City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

The information furnished or secured pursuant to this section or any other section of this chapter shall be confidential except that the business name, address, telephone number, the owner's name and dates business commenced or closed, which information shall be subject to public inspection. (Ord. 1324, 12-18-1984)
15-11.1: LICENSE FEE DEBT; MINIMUM FEE:

The amount of any license imposed by this chapter shall be deemed a debt to the city; and any person carrying on any trade, calling, profession or occupation mentioned in this chapter without having a license from the city to do so shall be liable to an action in the name of the city in any court of competent jurisdiction, for the amount of license imposed on such trade, calling, profession or occupation by the provisions of this chapter.

A suit may be brought against any person for any license fee in this chapter specified, due and unpaid, in the name of the city, in any court of competent jurisdiction. The city attorney is authorized to bring such action when in his judgment there is reason to believe the amount can be collected, and an attachment may also be issued.

The conviction and punishment of any person for transacting any trade, calling, profession or occupation without a license shall not excuse or exempt such person from the payment of any license due or unpaid at the time of conviction, and nothing in this chapter shall prevent a criminal prosecution for any violation of the provisions of this chapter.

If any person fails or refuses to file any required return within the time prescribed, or if after demand therefor made by the collector, fails to file a corrected return; or if any person subject to the tax imposed by this chapter fails or refuses to apply for a business license, such person shall be required to pay a license at such return as the collector may, after investigation, fix as the proper return to be paid by such person, in any event not less than a minimum license tax of seventy dollars ($70.00) semiannually and shall be guilty of a violation of this chapter.

If any license or penalty be not paid when due, the same shall be delinquent, and such nonpayment shall constitute a violation of the terms of this chapter, and the applicant shall be subject to the penalties provided by this chapter, and the city shall be entitled to enforce the collection of such license fee in the manner specified in this chapter, and the collector may rescind and revoke any license issued, or the right to do or carry-on business in the city. (Ord. 1324, 12-18-1984)
15-12: REVOCABILITY OF LICENSE:

The city council reserves the right to revoke the license granted any person, when, after notice to the licensee and upon hearing had, it shall appear the business licensed is unlawful, immoral or a menace to the public health, safety, morals, peace or general welfare, or is, or has been carried on in an illegal or immoral manner, or in such manner as to constitute a menace to the health, safety, morals, peace or general welfare of the people of the city.

A. General Business License: The collector may revoke any license for extended nonpayment of the license fees or for violation of any of the regulations set forth in this chapter. Said revocation may be appealed to the city council by the licensee as set forth in subsection 15-13A of this article.

City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

B. Card Room: A card room license may be revoked at any time by the chief of police if, in his judgment, such action is necessary. Said revocation may be appealed to the city council as set forth in section 15-13B of this article. (Ord. 1324, 12-18-1984) 15-13: APPEALS:

A. General Business License: Any person aggrieved by any decision of the collector with respect to the issuance or refusal to issue such license may appeal to the council by filing a notice of appeal with the clerk of the council. The council shall thereupon fix a time and place for hearing such appeal. The clerk of the council shall give notice to such person of the time and place of hearing by serving it personally or by depositing it in the United States post office at Porterville, California, postage prepaid, addressed to such person at his last known address. The council shall have authority to determine all questions raised on such appeal. No such determination shall conflict with any substantive provision of this chapter.

B. Card Room License: The licensee may appeal revocation of a license by filing a written appeal with the city council within ten (10) calendar days of the action by the chief of police. The city council shall hear the appeal and shall affirm or revoke said action as in its judgment appears to be in the public interest. The decision of the city council shall be final. If the licensee does not appeal within the ten (10) calendar day period, the revocation of the license shall be final and conclusive. (Ord. 1324, 12-18-1984) 15-14: FAILURE TO FILE STATEMENT OR CORRECTED STATEMENT:

If any person fails to file any required statement within the time prescribed, or if after demand therefor made by the collector, he fails to file a corrected statement, the collector may determine the amount of license tax due from such person by means of such information as he may be able to obtain. If such a determination is made, the collector shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States post office at Porterville, California, postage prepaid, addressed to the person so assessed at his last known address. Such person may, within fifteen (15) days after the mailing or serving of such notice, make application in writing to the collector for a hearing on the amount of the license tax. If such application is made, the collector shall cause the matter to be set for hearing within thirty (30) days before the city council. The collector shall give at least ten (10) days' notice to such person of the time and place of hearing in the manner prescribed above for serving notices of assessment. The council shall consider all evidence produced; and shall make findings thereon, which shall be final. Notice of such findings shall be served upon the applicant in the manner prescribed above for serving notices of assessment. (Ord. 1324, 12-18-1984)
15-15: ADDITIONAL POWER OF COLLECTOR:

In addition to all other power conferred upon him, the collector shall have the power, for good cause shown, to extend the time for filing any required sworn statement for a period not exceeding thirty (30) days, and in such case to waive any penalty that would otherwise have accrued; and shall have the further power, with the consent of the city council, to compromise any claim as to amount of license tax due. (Ord. 1324, 12-18-1984) City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. 15-16: ASSIGNMENT OR TRANSFER; LICENSE OR LOCATION:

No license issued pursuant to this chapter shall be transferable; provided that where a license is issued authorizing a person to transact and carry on a business at a particular place, such licensee may upon application therefor have the license amended to authorize the transacting and carrying on of such business under said license at some other location to which the business is or is to be moved. (Ord. 1324, 12-18-1984; Ord. 1540, 9-3-1996) 15-17: RESERVED:
(Rep. by Ord. 1537 § A, 8-6-1996)
15-18: DUPLICATE LICENSE:

A duplicate license may be issued by the collector to replace any license previously issued hereunder which has been lost or destroyed upon the licensee filing statement of such fact, and at the time of filing such statement paying to the collector a duplicate license fee of five dollars ($5.00). (Ord. 1324, 12-18-1984)
15-18.1: REFUNDS:

License taxes, penalties and costs collected or received by the city may be refunded as herein provided and not otherwise if a signed and verified claim therefor is filed with the collector within six (6) months after the date of payment. Such refund may be made only under the following conditions:

A. Where a refund is specifically authorized by the provision of law requiring payment of the license, permit or application fee.

B. Where the money is paid to secure a license or permit not required by law.

C. Where the amount paid was in excess of the amount required by law.

D. Where the money paid was not required by law.

E. Where the applicant for any license has not, at any time after the commencement of the period or term during which the requested license would have been effective, commenced or engaged in the business or occupation, or performed any act for which the license was required.

F. Where the money paid was not required by law, or was erroneously or illegally collected or received by the city through mistake, inadvertence or error of law or of fact, and whether paid or charged under color of any provision of this chapter, or otherwise.

This section is remedial in purpose. Its terms and requirements shall not be deemed to limit or qualify the lawful right of any person to bring or maintain an action or proceeding based upon the general law of this state for any remedy provided by law. (Ord. 1324, 12-18-1984) 15-19: POSTING AND KEEPING LICENSES:

All licenses must be kept and posted in the following manner:

A. Any licensee transacting and carrying on business at a fixed place of business in the city shall keep the license posted in a conspicuous place upon the premises where such business is carried on.

City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

B. Any licensee transacting and carrying on business but not operating at a fixed place of business in the city shall keep the license upon his person at all times while transacting and carrying on such business. (Ord. 1324, 12-18-1984)
15-20: REGULATIONS:

A. Card Tables:

1. Conformance With State Law: It is the stated purpose of this subsection to regulate card rooms, licenses and permits in the city of Porterville concurrently with the state of California, and to impose local controls and conditions upon establishments operating card rooms and card tables as permitted in the "gambling control act" as codified in division 8, chapter 5 of the California Business and Professions Code.

2. Licenses: Each card table shall be assigned a separate license with such license designating the number of the table and the location of the table, and the exact place of business where such card table is to be maintained. The operator shall attach to each licensed table a metal identification number, which shall be plainly visible at all times; and no license or identification number shall be transferable; provided, however, that it may be moved to a new location with the approval of the city council.

3. Hours Of Operation: Playing at all card tables shall absolutely cease and terminate at two o'clock (2:00) A.M. of each day; and it is hereby declared to be unlawful for any person to deal, participate in, play, carry on or bet at, against, rent, open up, carry on, conduct or have charge of or to control any card table in the city between the hours of two o'clock (2:00) A.M. and seven o'clock (7:00) A.M. of each day.

4. Patron Security And Safety: All licensees shall have in effect a security plan to address the safety and security of patrons in and around the card room. The plan, and any amendments thereto, must be filed with and approved by the chief of police. The licensee shall be liable for the security and safety of its patrons to the extent required by law. Any information about security measures that is provided to the city by an establishment operating a card table shall be confidential and not open to public inspection. The physical arrangements of the gambling area and parking lots of the establishment operating card tables shall meet the requirements and specifications determined necessary by the chief of police for the security and safety of citizens, patrons, and police officers. During all hours of operation, the outside doors to the establishments wherein card tables are operated and the main doors to rooms wherein the tables are located must be unlocked and accessible to the general public. Any part and all of the establishment where a card table is operated shall be open to police inspection during all hours of operation.

5. Wagering Limits: Unless otherwise authorized by the chief of police based upon a finding of necessity because of the rules relating to a particular game, a maximum of ten (10) hands may be dealt at any one table. The maximum number of persons who may participate in play at a table may be limited by the licensee consistent with the provisions of this chapter, provided that in any event, the number of persons present in any establishment or room shall not exceed the occupant load as otherwise prescribed by law. There shall be posted in a conspicuous place on the establishment premises the minimum buy-in and wagering limits. Not later than July 1 of each calendar year, the City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. licensee shall execute under penalty of perjury and file with the chief of police a declaration stating the following: a) the minimum buy- in, table and wagering limits and any and all charges or other fees assessed of all players at a table; and b) a set of the then current posted detailed house rules applicable to the games played. There is no wagering limit imposed by this subsection. However, all wagering limits fixed by the licensee shall be posted as required in this subsection, and shall comply with all state laws and all ordinances of the city.

6. Number Of Gambling Tables: Not more than three (3) card tables shall be located at each establishment. Not more than nine (9) tables total shall be located in the city of Porterville, and not more than three (3) establishments operating such tables shall be located in the city of Porterville.

7. Location: No license shall be issued except for a location deemed suitable by the city council.

8. Permit Required For Dealers And Employees: All card room dealers and employees shall be required to obtain a permit from the chief of police. In addition, all card room dealers and employees are required to submit to a fingerprint based criminal history background check by the department of justice. Permit applicants are responsible for all fees charged for applying for and obtaining the permit and submitting to the background check. The chief of police shall deny said permit for any of the following reasons, as set forth in California Business and Professions Code section 19850A(a):
a. Failure of the applicant to clearly establish eligibility and qualification in accordance with California Business and Professions Code, division 8, chapter 5; b. Failure of the applicant to provide any information, documentation, and assurances required by said chapter of the Business and Professions Code or requested by the director of the division of gambling control, department of justice, or failure of the applicant to reveal any fact material to qualification, or the supplying of information that is untrue or misleading as to a material fact pertaining to the qualification criteria; c. Conviction of the applicant for any crime punishable as a felony; d. Conviction of the applicant for any misdemeanor involving dishonesty or moral turpitude within the ten (10) year period immediately preceding the submission of the application, unless the applicant has been granted relief pursuant to sections 1203.4, 1203.4a and 1203.45 of the California Penal Code;
e. Association of the applicant with criminal profiteering activity or organized crime, as defined by section 186.2 of the Penal Code;
f. Wilful and obstinate defiance by the applicant of any legislative investigatory body, or other official investigatory body of any state or of the United States, when that body is engaged in the investigation of crimes relating to gambling; official corruption related to gambling activities; or criminal profiteering activity or organized crime, as defined by section 186.2 of the Penal Code; or
g. The applicant is less than twenty-one (21) years of age.

The department of justice's division of gambling control may object to the issuance of a work permit by the city for any cause deemed reasonable by the division.

City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

9. Revocation And Appeal:
a. By The Chief Of Police: The chief of police may refuse to issue or may revoke the permit of a card room dealer or employee at any time if, in his judgment, such action is necessary. A person whose application for a permit is denied or a person whose permit is revoked, if the decision to deny or revoke was made solely by the chief of police, may appeal the action of the chief of police to the city council in accordance with the procedure set forth in subsection 15-13B of this article. b. By The Division Of Gambling Control: If the division objects to the issuance of a work permit, the permit shall be denied. Any person whose application for a work permit has been denied because of an objection by the division may apply to the California gambling commission for an evidentiary hearing in accordance with regulations. In addition, the California gambling control commission may notify the chief of police to revoke a work permit, if the commission makes the necessary findings after a hearing, pursuant to California Business and Professions Code section 19912A.

B. Coin Operated Machines:

1. Contents Of Applications: At the time a license is applied for, the applicant shall give the serial number, and kind or character of such machine.

2. Display Of License Or Stamp: No person shall maintain any vending, weighing, entertainment or amusement machine within the city without having posted thereon in a conspicuous place a stamp or label, which shall be issued and supplied by the collector, which stamp or label shall indicate the number of the license, together with the date of expiration thereof; and in the event any duly qualified officer of the city finds any such machine being maintained in the city without such stamp or label being maintained thereon in a conspicuous place, or without such stamp or label indicating that there is a valid and unexpired license issued covering such machine, it shall be his duty to seize and hold such machine for the payment of the license tax, which machine shall be disposed of upon the nonpayment of such tax as provided by the laws relative thereto.

3. Transfer Of License: In the event any person discontinues maintaining any vending, weighing, entertainment or amusement machine duly licensed pursuant to this chapter during a period when such license remains unexpired, the licensee may substitute another similar machine in place of the machine, the use of which is so discontinued, and may maintain such substituted machine without the payment of an additional license tax for the unexpired period of the license carried on such discontinued machine; provided, however, that such person surrender the unexpired license of such discontinued machine to the collector and obtain from the collector a new license for such unexpired period for the replacing machine.

4. Location Of Machines: No license as provided in this chapter shall be issued for the maintaining of any vending, weighing, entertainment or amusement machine upon any public street, sidewalk, alleyway or court within the city.

C. Junk Dealers And/Or Collectors:

1. Permit Required: Before any person shall engage in the city in the business of buying or selling old rope, brass, copper, tin, lead, rags, slush, empty bottles, paper, City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. bagging, or other junk whether at a fixed place of business or as an itinerant peddler, he shall make application to the city council for a permit to engage in such business.

Such application shall be referred to the chief of police, who shall make an investigation concerning the character of the applicant, and within seven (7) days shall report thereon to the city council. Upon receiving such report, the city council shall grant or deny the applicant a permit to engage in such business, and such permit shall be granted unless it shall appear from such report of the chief of police that the applicant is not a person of good moral character, or has not a good character in respect to honesty and integrity; provided, however, that no such permit shall be granted unless the city council find that such applicant, or if the applicant be a corporation, the manager thereof, has been a resident of the city for not less than ninety (90) days prior to such application.

2. Registration Of Purchases: Every person maintaining or operating a junk shop or junkyard shall keep at his place of business a substantial well bound book, and shall promptly enter therein an exact description of all personal property purchased by him or it, the date of purchase, name and residence or place of business of the person from whom purchased, and all particular or prominent marks of identification that may be found on such property. Such book shall be kept neat and clean, and all entries made therein shall be neatly and legibly written in ink. Such book shall at all times during the ordinary hours of business be open to the inspection of the chief of police, or any other city officer.

3. Required Holding Period: All junk purchased by owners or keepers of junk shops or junkyards shall be held for a period of at least nine (9) days before the same shall be sold.

4. Pawning And Pledging Prohibited: No owner or keeper of a junk shop or junkyard shall receive any personal property by way of pledge or pawn, nor shall any owner or keeper of a junk shop or junkyard engage in the business of pawnbroking on the same premises wherein a junk shop or junkyard is located.

5. Hours Of Business: No junk peddler shall purchase or collect any junk in the city between the hours of six o'clock (6:00) P.M. and six o'clock (6:00) A.M.

6. Revocation Of Permit: The city council may revoke the junk dealer permit granted to any person upon failure of such person to conduct and carry on such business in accordance with the provisions of this subsection; and such permit may likewise be revoked, if in the conduct of such business, any law of the state, county or city be violated.

7. Places Of Business: It shall be unlawful for any owner, tenant or lessee of any premises in the city, or the owner, tenant or lessee of any trailer house, trailer, truck, automobile, motor vehicle or other vehicle to keep, place or maintain thereon, or to permit the keeping, placing or maintaining thereon, of any trailer house, trailer, truck, automobile, motor vehicle or other vehicle which is used or which is to be used for a dental or chemical laboratory or for the display or selling of merchandise therein, or to use or permit the use of any trailer house, trailer, truck, automobile, motor vehicle or other vehicle on any premises in the city for business, religious, educational, retail, commissary, shop, storage, office purposes or for other type of commercial retail purpose.

City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

D. Bingo Games:

1. Bingo Games Allowed Only By Eligible Organizations With Proper City Permit:

Bingo games within the city are illegal except those organizations exempted from the payment of the bank incorporation tax by sections 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, and 23701l of the California Revenue and Taxation Code and by mobile home park associations and senior citizens' organizations; provided, that the proceeds of such games are used only for charitable purposes; and provided, that these eligible organizations have applied for and received the proper city bingo license and conformed to section 326.5 of the California Penal Code and the provisions of this chapter.

2. Application And Fee For License: Eligible organizations desiring to obtain such license to conduct bingo games in the city shall file an application, in writing, to the office of the finance director Director of Planning and Engineering on a form provided by the city. The issuing authority shall be the finance director Director of Planning and Engineering, after approval of the chief of police. The license shall be for a term of one year from the date of issuance. The license fee, whether for the initial license or renewal, will be fifty dollars ($50.00) annually. If an application for a license is denied, one-half (1/2) of the license fee paid shall be refunded to the organization.

3. Contents Of Application: Said application for a bingo license shall obtain the following information:
a. The name, address, date, place of birth, physical description and driver's license number of every officer of the charitable organization. b. The name, address, date, place of birth, physical description and driver's license number of not more than twenty (20) members who will be authorized to operate the licensed bingo games on behalf of the organization. c. The particular property within the city including the street number owned or leased by the applicant, and used by such applicant for an office or for the performance of the purposes for which the applicant is organized, on which property bingo games will be conducted together with the occupancy capacity of such place.
d. The proposed days of week and hours of day for conduct of bingo games. e. That the applicant agrees to conduct the bingo games in strict accordance with section 326.5 of the California Penal Code and this chapter as they may be amended from time to time and agrees that the license to conduct bingo games may be revoked by the chief of police when there is a violation of this chapter or other applicable laws.
f. The application shall be signed by said applicant under penalty of perjury. g. The annual license fee shall accompany the application. h. The applicant shall also submit, with its application, a certificate or determination of exemption under section 23701d of the California Revenue and Taxation Code, or a letter of good standing from the exemption division of the franchise tax board in Sacramento, showing exemption under said section 23701d.

City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

4. Investigation Of Applicant: Upon receipt of the completed application and the fee, the finance director Director of Planning and Engineering shall refer the application to the appropriate departments of the city for investigation, as to whether or not all the statements in the application are true, and whether or not the property of the applicant qualifies and the extent to which it qualifies, as property in which bingo games may lawfully be conducted, as to fire, occupancy and other applicable restrictions.

5. Contents Of License: Upon being satisfied that the applicant is fully qualified under the law to conduct bingo games within the city, and the police department has investigated the application, the finance director Director of Planning and Engineering shall issue a license to said applicant, which shall contain the following information:
a. The name and nature of the organization to whom the license is issued. b. The address where bingo games are authorized to be conducted. c. The occupancy capacity of the room in which bingo games are to be conducted. d. The days of the week and times during which games may be conducted. e. The date of the expiration of such license.
f. Such other information as may be necessary or desirable for the enforcement of this subsection.

6. Consent: The application for or acceptance of a license constitutes:
a. Consent to the entry of any public officer or peace officer to investigate the location identified in the application before the issuance of a license, as well as during any game thereafter.
b. Consent to the chief of police or his agents to review or audit the charitable organization's records relating to the conduct of bingo games into the special account required by California Penal Code section 326.5(j) for the purposes of verifying compliance with the financial interest and special fund requirements of Penal Code section 326.5 and with this chapter and with all other applicable laws and regulations.

7. Violation A Misdemeanor: Any person who conducts a bingo game without the proper license as required by this chapter, or who operates a bingo game in violation of any of the requirements of this chapter, or who operates any bingo game after the suspension or revocation of a bingo license is guilty of a misdemeanor.

8. Summary Suspension Or Revocation: The chief of police may suspend or revoke a license for any violation of the provisions of this subsection or of any applicable law or regulation, or for any false, misleading or fraudulent statement of a material fact in the application for the license, or in the promotion, supervision, operation, conduct or staffing of any bingo game.

9. Notice Of Suspension Or Revocation: When it appears that there is probable cause for a suspension or revocation, the chief of police shall prepare a written statement showing the cause and the specific action to be taken. This written notice shall be served on an officer or member of the organization listed on the license application.

10. Appeal Process:

City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. a. After receiving the written notice of suspension or revocation, the affected licensee may file a written request for an appeal hearing with the city manager.

The decision of the city manager will be final. The written request for an appeal hearing must be filed with the city manager’s office no later than seven (7) calendar days after receiving the written notice of suspension from the chief of police.
b. This appeal hearing must be held within thirty (30) days of the request being filed with the city manager. Upon the conclusion of the appeal hearing, the city manager shall issue his or her written decision within ten (10) days. c. Any organization whose license is finally revoked may not again apply for a license to conduct bingo games in the city for a period of one year from the date of such revocation; provided, however, if the ground for revocation is the cancellation of the exemption granted under section 23701d of the Revenue and Taxation Code, such organization may again apply for a license upon proof of reinstatement of said exemption.

11. Definition Of Bingo: As used in this chapter, "bingo" means a game of chance in which prizes are awarded on the basis of designated numbers or symbols designated on a card which conform to numbers or symbols selected at random.

12. Maximum Amount Of Prize: The total value of prizes awarded during the conduct of any bingo games shall not exceed two hundred fifty dollars ($250.00) in cash or kind, or both, for each separate game which is held.

13. Profits To Be Kept In Separate Fund Or Account: All profits derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. The licensee shall keep full and accurate record of the income and expenses received and disbursed in connection with its operation, conduct, promotion, supervision and any other phase of bingo games which are authorized by this chapter. The city, by and through its authorized officers, shall have the right to examine and audit such record at any reasonable time and licensee shall fully cooperate with the city by making such records available.

14. Financial Interest In Licensee Only: No individual, corporation, partnership or other legal entity except the licensee shall hold a financial interest in the conduct of such bingo game.

15. Exclusive Operation By Licensee: A bingo game shall be operated and staffed only by members of the licensee organization. Such members shall not receive a profit, wage or salary from bingo game. Only the licensee shall operate such game, or participate in the promotion, supervision or any phase of such game.

16. Bingo Games Open To Public: All bingo games shall be open to the public, not just to the members of the licensee organization.

17. Attendance Limited To Occupancy Capacity: Notwithstanding that bingo games are open to the public, attendance at any bingo game shall be limited to the occupancy capacity of the room in which such game is conducted as determined by the fire department and building department of the city in accordance with applicable laws and regulations. Licensee shall not reserve seats or space for any person.

City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

18. Bingo Games Conducted Only On Licensee's Property: A licensee shall conduct a bingo game only on property owned or leased by it, and which property is used by such organization for an office or for performance of the purposes for which the organization is organized. The license issued under this chapter shall authorize the holder thereof to conduct bingo games only on such property, the address of which is stated in the application. In the event the described property ceases to be used as an office and as a place for performance of the purposes for which the licensee is organized, the license shall have no further force or effect. A new license may be obtained by an eligible organization, upon application under this chapter, when it again owns or leases property used by it for an office or for performance of the purposes for which the organization is organized. Nothing in this subsection should be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization.

19. Bingo Cards: Only preprinted cards that bear the legend, "for sale or use only in a bingo game authorized under California law and pursuant to local ordinances" are to be used in any bingo game.

20. Minors Not To Participate: No person under the age of eighteen (18) years of age shall be allowed to participate in a bingo game.

21. Intoxicated Persons Not To Participate: No person who is obviously intoxicated shall be allowed to participate in a bingo game.

22. Hours Of Operation: No licensee shall conduct any bingo game more than ten (10) hours out of any twenty four (24) hour period. No bingo game shall be conducted before ten o'clock (10:00) A.M. nor after twelve o'clock (12:00) midnight of any day.

23. Participant Must Be Present: No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place in which the bingo game is being conducted.

24. Receipt Of Profit By A Person A Misdemeanor Under State Law: It is a misdemeanor under section 326.5(b) of the Penal Code of the state of California for any person to receive a profit, wage or salary from any bingo game authorized under this chapter, a violation of which is punishable by a fine not to exceed ten thousand dollars ($10,000.00), which fine shall be deposited in the general fund of the city.

25. City May Enjoin Violation: The city may bring an action in a court of competent jurisdiction to enjoin a violation of section 326.5 of the California Penal Code or of this subsection.

26. Severability: If any portion of this subsection is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this subsection. The city council hereby declares that it would have adopted this subsection and each portion thereof, irrespective of the fact that any one or more sections, subsections or portion be declared invalid or unconstitutional.

E. Community Civic Events:

1. City Council Findings: The city council finds and declares that it has historically closed city streets in portions of the downtown area, for the purpose of assisting certain community and regional events benefitting the city, the community at large, City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. and nonprofit organizations operating in the city. Control over the operation of these community civic events has traditionally been turned over to the entity sponsoring the event. The city council finds and declares that there is a need to provide written guidelines and regulations on how these community civic events shall operate.

2. Purpose: The purpose of this subsection is to establish a legal framework for the operation of community civic events, to set forth minimal requirements for sponsors of these events, to meet the need for order and control during these events, and to ensure that the theme or character of the event is maintained, and that use of public property is compatible with the event.

3. Definition: "Community civic event" (hereafter referred to as "CCE") shall mean the sponsoring and conducting by a nonprofit organization of a civic, artistic, cultural, charitable, educational, veteran or benevolent activity of community interest. The council shall require reasonable proof of the nonprofit status of the sponsoring organization.

4. Participation: Participation in a CCE and use of public right of way shall be limited to those members of the sponsoring organization, in good standing with the organization, and those persons and vendors as may be approved by the sponsoring organization.

5. Permit Required: The CCE sponsor shall obtain a CCE permit from the city not less than thirty (30) nor more than one hundred eighty (180) days before the commencement date of the proposed permit activities; provided, that the council may waive these time requirements if it determines such a waiver to be in the public interest. Upon receipt of an application, the business license clerk shall circulate the application to the following departments for comments and approval: police department, fire department, finance department, department of community development, Planning and Engineering department, public works department, parks and recreation department, and risk management department. These departments may impose terms and conditions upon the CCE permit and issuance and approval of the permit is conditioned upon compliance with the required conditions. At a minimum, the permit shall include conditions for holding the city harmless, maintaining minimum limits of liability insurance in accordance with city standards, providing security and traffic control, providing adequate restroom and sanitation facilities, and paying for the cost of city services. The nonprofit sponsor of the CCE shall be exempt from a license fee. Said permit shall be valid for a maximum of four (4) consecutive days. If an event runs for four (4) consecutive days, one of those days must include a Saturday, Sunday or national holiday. No person or sponsoring organization shall fail to keep the permit, at all times, at the place where the activities are being conducted, nor fail upon demand therefor to exhibit such permit to any public officer. The permit may be revoked for noncompliance with the conditions of the permit and the provisions of this subsection. Revocation may be made by the council, city manager, chief of police, or their designees. If the grounds for revocation occur during the CCE, the council, city manager, chief of police or their designee shall first advise the CCE sponsor of the grounds for revocation and provide an opportunity to correct the same. The permit may also be revoked during the CCE if fire or another emergency requires the CCE to be terminated to protect the public safety. When the City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. permit is revoked for this reason, all CCE participants must immediately comply with instructions from any city police officer or fire department personnel.

6. Application: The application for the CCE permit shall contain:
a. The name of the applicant, the sponsoring organization, the CCE chairperson, and the addresses and telephone numbers of each. b. The location and outside perimeter of the CCE area, indicated upon a map of the area.
c. The date and times at which the CCE activities are to take place. d. A description of the CCE activities which will be conducted.

A preliminary list of persons who will be engaging in the CCE, and a preliminary list of persons engaging in temporary selling activities at any time during the dates and times for which a temporary selling permit has been granted shall be furnished to the city no later than one week before the CCE is to take place. An amended list of all participants is required to be submitted in conjunction with the payment of business license fees per subsection E16 of this section.

The council shall cause such application to be investigated and shall grant the permit if it determines that the proposed CCE activities will not disrupt to an unreasonable extent the movement of vehicular or pedestrian traffic or create a hazard to the public; that the proposed CCE activities are not of a size or nature that requires the diversion of so great a number of police personnel to regulate such CCE activities that it prevents reasonable police protection for the city; that the concentration of persons, equipment and materials is not so great in the CCE areas that it would prevent proper fire, police and ambulance protection; and that the CCE permit applicant agrees to be responsible for cleanup necessitated by the proposed activities. The council may, in its discretion, require a cleanup deposit to guarantee that cleanup takes place. The council shall condition the granting of permits upon compliance with the provisions of this subsection and also with such other conditions as the council may deem necessary to impose for the proper protection of persons and property.

7. Responsible Party: The sponsoring organization shall be responsible for the CCE and for all necessary planning, physical facilities, equipment, fire lanes, and removal, cleanup, and staffing. The sponsoring organization shall be responsible for any necessary permits and code requirements for the conduct of such CCE as may be required by county and state agencies and coordination with appropriate city departments, such as police and fire. All necessary certificates and approvals by any health or other governmental organization shall be in possession of the person representing the sponsoring entity in such CCE.

8. Management: Subject to the minimum requirements imposed by this subsection, the CCE sponsor shall:
a. Promulgate rules and regulations for the CCE, including rules and regulations to maintain the theme or character of the CCE. A copy of the rules and regulations shall be submitted to the business license clerk prior to the CCE.
b. Have control over the terms and conditions under which persons chosen to provide vending services will operate at a CCE including, but not limited to, City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. products sold, hours of sale, fees, vendor locations and issuance of seller permits.
c. Take any other actions which are necessary for the efficient management and operation of the CCE.

9. Minimum Requirements: The CCE sponsor shall abide by the following minimum requirements. These minimum requirements shall be deemed a part of the permit conditions and may be supplemented by resolution of the city council. a. Maintain openings between vendor booths or sizes, and at locations and distances, required by the city. The required openings shall be identified on the CCE sponsor's street plan.
b. Not use any permanent or semipermanent paint or other markers to delineate or mark the location or other direction on any public street, sidewalk, alley or parking lot.
c. Not discriminate in the selection of any vendor on the basis of race, color, religion, sex, national origin, or familial status, or violate any law with respect to the selection of any vendor.
d. Require that all vendors obtain and display all appropriate permits, licenses, and certificates, and comply with all applicable federal, state and local laws, ordinances, and regulations.
e. Require that all vendors maintain their spaces in a clean and sanitary condition, including the removal of containers, waste and trimmings before leaving the area.
f. Require that vendors take sufficient measures to keep the city storm drain system free from contamination, and require that food vendors take special precaution to keep grease and other waste products off all public streets, sidewalks, alleys and parking lots.
g. Provide on site personnel who can be contacted by appropriate city officials for immediate corrective action either for noncompliance with this subsection or the permit conditions, for emergencies, or for actions deemed necessary by the city official. Such personnel shall be equipped with appropriate means of communication to be made known to the city by the CCE sponsor prior to the CCE.
h. Distribute the rules and regulations to each person participating in the CCE.

10. Cost Of CCE: The CCE sponsor will be responsible for the costs associated with the CCE, including, but not limited to, the cost of city services related to the CCE, and the cost of repair of any damage caused to any public property and rights of way, including landscaping. The CCE sponsor may apply to the city council for cooperation in presenting a CCE and request financial assistance for some or all of the costs of city services related to the CCE.

11. Permit To Sell: No person shall sell or offer to sell any item at the CCE except under the authority of a valid permit approved by the CCE sponsor. The CCE sponsor shall designate a person or persons responsible for issuing permits to sell. A seller's permit shall not be required for existing businesses selling merchandise from their City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. stores. Whenever the CCE sponsor in good faith believes that a vendor has violated the conditions of the seller's permit, the CCE sponsor may immediately suspend the seller's permit. Vendors shall have an opportunity to appeal the denial or suspension of a seller's permit as set forth in subsection E20 of this section. Permits to sell shall give a seller (including vendors, peddlers and other sellers) the privilege of selling at the CCE only if the following conditions are met:
a. The seller properly files an application for a permit to sell at the CCE with the CCE sponsor.
b. The seller complies with all federal, state and local laws and regulations relating to the CCE, including the rules and regulations of the CCE sponsor. c. The seller obtains all required permits, licenses and certificates. d. The seller pays all required fees to the appropriate authorities, including any fees due the sponsor.
e. The seller grants permission to the CCE sponsor, or an authorized representative, to enter the seller's premises for the reasonable inspection of land, facilities, and records, in order to determine whether the seller is in compliance with the permit conditions, the rules and regulations of the CCE sponsor, and the terms of this subsection.

12. Peddlers And Itinerant Vendors: All peddler and itinerant vendor permits and licenses issued by the city shall be deemed suspended for the duration of any CCE.

All permit and license holders shall be notified of this provision. No person holding a peddler or itinerant vendor permit or license shall sell merchandise within the designated CCE area for the duration of any declared CCE unless the holder of the peddler or itinerant vendor permit or license has a written agreement with the CCE sponsor to participate in the CCE, or otherwise has a seller's permit from the CCE sponsor. The CCE sponsor shall allow peddler and itinerant vendor permit and license holders with suspended city permits and licenses under this subsection the same opportunity to participate in a declared CCE as the CCE sponsor offers to other vendors.

13. Sidewalks: The city shall not approve vendor or sidewalk sales or other activities within the closure area for a CCE. The sponsoring entity may allow such sales or events, however selling activity during a parade must take place in conformity with subsection G of this section.

14. Parades: Any person or organization desiring to have a parade as a CCE or in connection with a CCE, and all vendors, peddlers, solicitors, or merchants not located inside a commercial location, shall comply with subsection G of this section in addition to the provisions of this subsection.

15. Interference: It shall be unlawful for any person to interfere with, disrupt or impede a permitted CCE. It shall also be unlawful for a person to put up any booth, table, chair, stool, structure, vehicle or piece of equipment in any public area located within a designated CCE area for which a CCE sponsor has been issued a permit without consent of the CCE sponsor. This subsection E15 shall not apply to persons acting under the direction or control of the city.

City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

16. Business License Fees: Any individual, company, firm, concessionaire, fair operator, carnival operator, etc., who engages in, conducts, organizes, or promotes business for profit shall pay a business license fee of one dollar ($1.00) per day per amusement, entertainment, exhibit, ride or per booth, space, stall, stand or other unenclosed location used for the purpose of advertising, promoting, or sale of, or taking orders for, goods or services; except that no individual, company, firm concessionaire, fair operator, carnival operator, etc., who possesses a valid city business license shall be subject to separate licensing pursuant to this subsection E16. The nonprofit sponsor shall collect said fee and remit the fee to the city within five (5) working days following the CCE. Said remittance shall be accompanied by a complete list of participants and consecutively numbered receipts written in triplicate, containing the name, address and telephone number of the licensee, and the licensee's California seller's permit number. Said receipts shall be furnished by the city. One copy of the receipt shall be furnished to the licensee, one copy filed with the finance department Department of Planning and Engineering, and one copy retained by the CCE sponsor for a period of three (3) years for audit purposes.

17. Charges And Exhibit Fees: The sponsoring entity may impose a reasonable charge or exhibit fee on each participating seller or exhibitor and shall be responsible for enforcing all requirements of this subsection and regulations imposed by the sponsoring entity. Any net profit received by the sponsoring organization shall be utilized for the civic, artistic, cultural, charitable, educational, veteran or benevolent activities of the organization within the city of Porterville.

18. Insurance: The council shall condition the granting of a CCE permit upon the sponsoring entity's filing with the council a policy of public liability insurance in which the city has been named as insured or coinsured with the permittee. The policy of insurance shall insure the city, its officers, and its employees against all claims arising out of, or in connection with, the issuance of the CCE permit or the operation of the permittee or its agents or representatives, pursuant to the permit. The policy of insurance shall provide coverage of no less than one million dollars ($1,000,000.00) per occurrence of bodily injury and property damage, combined single limit.

19. Violations: Any person who violates the provisions of this subsection E shall be deemed guilty of either a misdemeanor or an infraction, in accordance with section 15-21 of this article. In addition, civil penalties of one hundred dollars ($100.00) for a first violation and up to one thousand dollars ($1,000.00) for subsequent violations may be imposed. Every day that any such violation continues shall constitute a separate offense. In addition, the CCE sponsor is authorized to take civil action to enforce the requirements of this subsection, and the rules and regulations established by the CCE sponsor. The remedies provided herein shall not be exclusive, and the violation of any provision of this subsection E shall be subject to other remedies as may be provided by law.

20. Appeal Of The Denial Or Suspension Of A Seller Permit: After the denial or suspension of a seller's permit, the CCE sponsor shall allow the vendor an opportunity for an appeal hearing before the CCE sponsor's governing board, or if no governing board, the person with the highest decision making authority, to determine if the permit shall be issued, further suspended, reinstated, or revoked for repeated City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. violations. The hearing shall be held within a reasonable time, depending on the date and duration of the CCE, no later than thirty-five (35) days. The CCE sponsor shall establish procedures for the conduct of the hearing.

21. Other Rules And Regulations; Applicability: The CCE sponsor shall comply with all other applicable city ordinances, resolutions, policies, rules and regulations.

22. Compatibility With State And Federal Laws And Constitutions: It is the intention of the city council and the people of the city of Porterville that these subsections shall be interpreted in a manner compatible with the state of California constitution and the United States constitution and the laws of the state of California and the United States.

23. Severability: If any paragraph, sentence, clause or phrase of this subsection are for any reason held to be unconstitutional or invalid, that holding shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have passed these subsections, irrespective of the fact any one or more sections, subsections, sentences, clauses or phrases might be declared unconstitutional or invalid.

F. Fortune Telling:

1. Purposes And Findings:
a. The practice of "fortune telling", as defined in this subsection, has historically been subject to abuse by certain unscrupulous practitioners using the practice to commit fraud and larceny upon clients.
b. It is the purpose of this subsection to regulate the practice of fortune telling in such a manner as to reduce the risk of fraud and larceny to clients while allowing fortune tellers to provide their services to clients with only minimal restrictions.
c. The provisions of this subsection requiring a permit, posting of fees, providing receipts and allowing client recordation of the consultation, will make it more difficult for an unscrupulous fortune teller to commit fraud or larceny, and yet, as informational regulations, will not affect the nature of the information conveyed by the fortune teller nor the manner in which it is conveyed. These regulations require only minimal expense and effort on the part of the fortune teller and will not, therefore, impose any undue burden on their practices.
d. "Fortune telling" for entertainment purposes, as defined in this subsection, does not create the same risk of fraud and larceny by an unscrupulous practitioner as would the practice with an individual client because it is done with a group at a public place for the purpose of entertaining and not to deal with the private concerns of an individual.
e. For these and other reasons, the provisions of this subsection are necessary to protect the health, safety and welfare of the community.

2. Permit Required: No person shall conduct, engage in, carry on, participate in, or practice fortune telling or cause the same to be done for pay without having first obtained a permit therefor.

City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

3. Definitions: As used in this subsection:

FOR PAY: For a fee, reward, donation, loan or receipt of anything of value.

FORTUNE TELLING: Shall mean and include telling of fortunes, forecasting of future events or furnishing of any information not otherwise obtainable by the ordinary process of knowledge, by means of any occult or psychic power, faculty or force, including, but not limited to, clairvoyance, clairaudience, cartomancy, phrenology, spirits, tea leaves or other such reading, mediumship, seership, prophecy, augury, astrology, palmistry, divination, soothsaying, mantic, necromancy, mind reading, telepathy, or other craft, art, cards, talisman, charm, potion, magnetism, magnetized article or substance, crystal gazing, or magic, of any kind or nature.

4. Permit Application: Every natural person who, for pay, conducts, engages in, carries on, or practices fortune telling shall file a separate verified application or a permit with the business license officer Director of Planning and Engineering, or designee. The application shall contain:
a. The name, home and business address, and home and business telephone number of the applicant.
b. The record of conviction for violations of the law, excluding minor traffic violations.
c. The fingerprints of the applicant on a form provided by the police department.
d. The address, city and state, and the approximate dates where and when the applicant practiced a similar business, either alone or in conjunction with others.
e. A nonrefundable application fee in an amount of one hundred dollars ($100.00) to cover cost incurred by the city in staff time, and other expenses involved in investigation and processing of permit.

5. Investigation: Upon the filing of the application, it shall be referred to the police department for investigation, report and recommendation. The investigation shall be conducted to verify the facts contained in the application and any supporting data.

The investigation shall be completed and a report and recommendation made in writing to the Director of Planning and Engineering, or designee, within twenty-one (21) days after the filing of the application, unless the applicant requests or consents to an extension of the time period. If the report recommends denial of the permit to the applicant, the grounds for the recommended denial shall be set forth therein.

6. Hearing And Decision By Business License Officer Director of Planning and Engineering: The business license officer Director of Planning and Engineering, or designee, shall consider the application and the police department report and recommendation at a hearing held not less than seven (7) nor more than fourteen (14) days following receipt of the police department report described in subsection F5 of this section. Notice of the time and place of the hearing and a copy of the police department report shall be given to the applicant personally or by certified mail by the business license officer at least five (5) days prior to the hearing. Any interested parties shall be heard at the hearing. City shall have the burden of proof to show the permit should be denied. The decision of the business license officer to approve, deny City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. or conditionally approve the permit shall be in writing, and if adverse to the applicant, shall contain findings of fact and a determination of the issues presented. Unless the applicant agrees in writing to an extension of time, the business license officer Director of Planning and Engineering, or designee, shall make his or her decision approving, denying, or conditionally approving the permit within twenty-four (24) hours after completion of the hearing on the application for a permit and shall notify the applicant of his or her action by personal service or certified mail.

7. Approval Of Permit: The business license officer Director of Planning and Engineering, or designee, shall approve or conditionally approve the permit if he or she makes all of the following findings:
a. All the information contained in the application and supporting data is true; b. The applicant has not, within one year from the date of the application, been convicted of any violation of this subsection or crimes involving prediction of future events by the occult arts, larceny, perjury, bribery, extortion, fraud, or crimes involving moral turpitude;
c. The applicant has paid the required business license fee; and d. The applicant agrees to abide by and comply with all conditions of the permit and applicable laws.

8. Term Of Permit: The term of the permit and the term of the business license shall be for one year from the date of issuance. A renewal application shall be filed no later than thirty (30) days prior to the expiration of the permit and shall be processed in the same manner as a new application.

9. Posting Of Fees:
a. Each person required to obtain a permit pursuant to this subsection shall post on his or her business premises a sign containing the following information:
(1) The true name of the fortune telling practitioner;
(2) Each service provided by the fortune telling practitioner; (3) The fees charged for each service provided by the fortune telling practitioner;
(4) The statement, "By law, this business is prohibited from charging or soliciting any fee, payment or remuneration beyond these established rates". b. The sign required by this subsection F9 shall be prominently posted in the interior of the business premises at a point near the entry and shall be conspicuously visible to every person seeking the services of the fortune teller.

The sign lettering shall be of uniform size with each letter at least one-half inch (1/2") in height.
c. If the fortune telling service is provided at a location other than the fortune teller's permanent place of business, the fortune teller shall provide the information required by this subsection on eight and one-half by eleven-inch (8 1/2 x 11") paper and legibly printed or typewritten. The paper shall also include the name and permanent address of the person providing the fortune telling services. A true, correct and complete copy of such paper shall be given to each client prior to providing any fortune telling services.

City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. d. No person shall charge any fee, payment, remuneration, or item of value for fortune telling services in excess of the fees set forth on the sign or paper required by this subsection F9.

10. Receipts: Prior to the acceptance of any money or item of value from a client, other than the acceptance of a gratuitous tip given voluntarily by the client, which is in addition to the fee, the fortune teller shall issue a written receipt to the client, clearly showing:
a. Date;
b. Name of client;
c. Amount of money received or specific description of item of value received; and d. Purpose for which the money or item of value was received.

11. Client's Record Of Consultation: No person engaging in fortune telling services shall prohibit a client from making an audio recording or taking written notes of the information conveyed by the fortune teller.

12. Exception Entertainment: The provisions of this subsection shall not apply to any person engaged solely in the business of entertaining the public by demonstrations of fortune telling at public places and in the presence of and within the hearing of all other persons in attendance, and at which no questions are answered as part of such entertainment except in a manner to permit all persons present at such public place to hear such answers.

13. Exception; Religious Practice: The provisions of this subsection shall not be applicable to any person conducting or participating in any religious ceremony or service when such person holds a certificate of ordination as a minister, missionary, medium, healer, clairvoyant, or similar position (hereinafter collectively referred to as "minister") from any bona fide church or religious association having a creed or set of religious principles that is recognized by all churches of like faith which provides for fortune telling; provided, that:
a. Except as provided in subsection F13c of this section, the minister's fees, gratuities, emoluments, and profits shall be regularly accounted for and paid solely to or for the benefit of the bona fide church or religious association, as defined in this subsection.
b. The minister holding a certificate of ordination from such bona fide church or religious association, as defined in this subsection, shall file with the business license officer Director of Planning and Engineering, or designee, a certified copy of the minister's certificate of ordination and the minister's name, age, street address, and telephone number in this city where the activity set forth in this subsection is to be conducted.
c. Such bona fide church or religious association, as defined in this subsection, may pay to its ministers a salary or compensation based upon a percentage basis, pursuant to an agreement between the church or religious association and the minister which is embodied in a resolution and transcribed in the minutes of such church or religious association.

G. Parades:

City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

1. Application And Approval: Parades will only be allowed in conjunction with a community civic event referenced in subsection E of this section.

2. Selling Activity During A Parade: In order to maintain public safety and promote the good order of a parade, no vendor, peddler, solicitor, or merchant shall be permitted in the parade route once the parade begins. No vendor, peddler, solicitor, or merchant shall be permitted to conduct business on sidewalks or walkways or other areas that may impede pedestrian traffic. Any vendor, peddler, solicitor, or merchant not located inside a commercial location shall be limited to side streets once the parade begins. No vendor, peddler, solicitor, or merchant shall impede the view of any spectator during the event. All vendors, peddlers, solicitors, and merchants shall be prohibited from selling products at or near the event that are deemed to be a nuisance or contrary to the good order of the parade. These items include, but are not limited to:
a. Silly string;
b. Snap caps;
c. Party poppers;
d. Any projectile and/or launcher.

3. Movement Of Public Safety Equipment: The conduct of such parade shall not interfere with the movement of firefighting or police equipment. (Ord. 1324, 12-18- 1984; Ord. 1326, 5-7-1985; Ord. 1346, 3-18-1986; Ord. 1384 § 2, 8-4-1987; Ord. 1584, 10-19-1999; Ord. 1586, 5-16-2000; Ord. 1612, 8-20-2002; Ord. 1613 §§ 1, 2, 3, 9-17-2002; Ord. 1625, 11-19-2002; Ord. 1718 § 1, 3-20-2007; Ord. XXXX, [date].) 15-21: VIOLATION:

Any person violating this chapter or any provisions thereof shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment. Each day that any provision of this chapter is violated is a separate and distinct offense and shall be punishable as a separate and distinct offense. Notwithstanding the classification of a violation of this article as a misdemeanor, at the time an action is commenced to enforce provisions of this article, the trial court, upon recommendation of the prosecuting attorney, may reduce the charged offense from a misdemeanor to an infraction.

Any person convicted of an infraction under this article shall be punished by:

A. A fine not exceeding fifty dollars ($50.00) for a first violation; B. A fine not exceeding one hundred dollars ($100.00) for a second violation of this article within one year; and
C. A fine not exceeding two hundred fifty dollars ($250.00) for each additional violation of this article within one year. (Ord. 1324, 12-18-1984; Ord. 1531 § A3, 6-18-1996) ARTICLE II. LICENSE TAXES
SECTION:
15-22: How And When Payable
City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. 15-23: Gross Receipts, Semiannual
15-24: Other Than Gross Receipts
15-22: HOW AND WHEN PAYABLE:

All license fees shall be payable in advance and shall be refundable only as allowed in this chapter.

Unless otherwise specifically provided, all annual license taxes, under the provisions of this chapter, shall be due and payable in advance on July 1 of each year.

Except as otherwise herein provided, license taxes, other than annual, required hereunder shall be due and payable as follows:

A. Semiannual license taxes, on January 1 and July 1 of each year.

B. Quarterly license taxes, on the first day of July, October, January and April of each year.

C. Monthly license taxes, on the first day of each and every month.

D. Weekly license taxes on Monday of each week in advance.

E. Daily license taxes each day in advance. (Ord. 1324, 12-18-1984) 15-23: GROSS RECEIPTS, SEMIANNUAL:

A. Classification A:

Gross Receipts License Tax
Gross Receipts License Tax
$ 0.00 to 25,000.00 25.00
25,001.00 to 50,000.00 50.00
50,001.00 to 75,000.00 75.00
75,001.00 to 100,000.00 100.00
100,001.00 to 150,000.00 125.00
150,001.00 to 200,000.00 150.00
200,001.00 to 300,000.00 200.00
300,001.00 to 400,000.00 300.00
400,001.00 to 600,000.00 400.00
600,001.00 to 800,000.00 500.00
800,001.00 to 1,000,000.00 600.00
1,000,001.00 and over
700.00 plus, per each additional
$200,000.00 $100.00
Acupuncture.

Appraiser.

Architect.

Assayer.

City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

Attorney at law.

Auctioneer.

Auditor or accountant.

Bacteriologist.

Chemists or chemical laboratory.

Chiropractor.

Civil engineer.

Collection agency.

Dental laboratory.

Dentists.

Electrical engineer.

Financial planner.

Geologist.

Hydraulic or mining engineer.

Insurance adjuster.

Insurance broker.

Investment counselor.

Mechanical engineer.

Medical laboratory.

Optician.

Optometrist.

Osteopath.

Personal loans/supplier of financing.

Physician.

Podiatrist.

Psychiatrist.

Psychoanalyst.

Psychologist.

Real estate broker.

Stock salesperson.

Stockbroker.

Structural engineer.

Surgeon.

Surveyor.

Veterinarian.

All other professions not hereinabove specifically set forth, and other businesses not specifically set
forth in this chapter, operating on a net profit of ten and one- hundredth percent (10.01%) or more will
City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. be classified in the above category.

B. Classification B:

Gross Receipts License Tax
Gross Receipts License Tax
$ 0.00 to 25,000.00 25.00
25,001.00 to 50,000.00 47.50
50,001.00 to 75,000.00 65.00
75,001.00 to 100,000.00 80.00
100,001.00 to 150,000.00 95.00
150,001.00 to 200,000.00 110.00
200,001.00 to 300,000.00 200.00
300,001.00 to 400,000.00 135.00
400,001.00 to 600,000.00 185.00
600,001.00 to 800,000.00 210.00
800,001.00 to 1,000,000.00 235.00
1,000,001.00 and over
260.00 plus, per each additional
$200,000.00 $25.00
Auction sales.

Bakeries.

Barbershops.

Bedsprings and mattress manufacturers.

Book publishing and printing.

Builders.

Bus lines.

Confectioners.

Contractors.

Dairy product manufacturers.

Dry cleaning plants and agencies.

Foundries.

Fruit and vegetable canneries.

Gardening.

Handymen.

Hospitals.

Hotels, motels, auto courts, etc.

Iron and steel fabricators.

Junk dealer/collector.

Laundry.

Linen supply.

Machine shops.

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Maintenance service - building, janitorial, yard, etc.

Manufacture of agricultural or industrial chemicals.

Manufacture of bodies for automobiles, buses, or trucks.

Manufacture of concrete, gypsum, and plaster products.

Manufacture of paints, varnishes, and lacquers.

Maternity homes.

Meat and provisions packers.

Mortuaries.

Newspapers, other than daily, with offices inside city.

Petroleum refineries.

Photographer (itinerant photographers, see subsection 15-24A29 of this article).

Printers.

Private patrol, private patrol service.

Recyclable waste hauler.

Renting of automobiles, trucks and trailers.

Rest homes.

Sanatorium.

Secondhand dealers.

Soft drink bottles.

Stamp redemption.

Trade schools.

Transient vehicles and recreation vehicle parks.

Tree trimming.

Water companies not under city franchise.

Manufacturers and other businesses not specifically set forth in this chapter, operating on a net profit
of ten percent (10%) to four and one-hundredth percent (4.01%) will be classified in the above
category.

C. Classification C:

Gross Receipts License Tax
Gross Receipts License Tax
$ 0.00 to 25,000.00 25.00
25,001.00 to 50,000.00 45.00
50,001.00 to 75,000.00 60.00
75,001.00 to 100,000.00 75.00
100,001.00 to 150,000.00 90.00
150,001.00 to 200,000.00 105.00
200,001.00 to 300,000.00 120.00
City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. 300,001.00 to 400,000.00 135.00
400,001.00 to 600,000.00 150.00
600,001.00 to 800,000.00 165.00
800,001.00 to 1,000,000.00 180.00
1,000,001.00 and over
195.00 plus, per each additional
$200,000.00 $15.00
Bowling alleys.

Gasoline service stations.

Ice depot and production.

Restaurants.

Retail milk trucks.

Rock, sand, gravel, dirt, mixed concrete, etc.

Skating rinks.

Theaters and movie houses.

Retailers and other businesses not specifically set forth in this chapter, operating on a net profit of four
percent (4%) to two and one-hundredth percent (2.01%) will be classified in the above category.

D. Classification D:

Gross Receipts License Tax
Gross Receipts License Tax
$ 0.00 to 25,000.00 25.00
25,001.00 to 50,000.00 40.00
50,001.00 to 75,000.00 50.00
75,001.00 to 100,000.00 60.00
100,001.00 to 150,000.00 75.00
150,001.00 to 200,000.00 90.00
200,001.00 to 300,000.00 100.00
300,001.00 to 400,000.00 110.00
400,001.00 to 600,000.00 125.00
600,001.00 to 800,000.00 140.00
800,001.00 to 1,000,000.00 155.00
1,000,001.00 and over
170.00 plus, per each additional
$200,000.00 $15.00
Automobile dealers.

Automobile wrecking.

Drays, motor trucks, etc., for transportation of freight.

Gasoline and oil distributors.

Trucking or delivery, with offices within city.

City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

Wholesale and other businesses not specifically set forth in this chapter, operating on a net profit of two percent (2%) or under will be classified in the above category.

E. Classification; Procedure For Review: In any case where a business license holder or an applicant for a business license believes that his individual business is not assigned to the proper classification under this section because of circumstances peculiar to it, as distinguished from other businesses of the same kind, he may apply to the collector for reclassification. Such application shall contain such relevant information as the collector may deem necessary and required in order to determine whether the applicant's individual business is properly classified. The collector shall then conduct an investigation, following which he shall assign the applicant's individual business to the classification shown to be proper on the basis of such investigation. The proper classification is that classification which, in the opinion of the collector, most nearly fits the applicant's individual business. The reclassification shall not be retroactive but shall apply at the time of the next regularly ensuing calculation of the applicant's tax. No business shall be classified more than once in one year.

F. Reclassification; Notice Of Action; Procedure For Hearing: The collector shall notify the applicant of the action taken on the application for reclassification. Such notice shall be given by serving it personally or by depositing it in the United States post office at Porterville, California, postage prepaid, addressed to the applicant at his last known address. Such applicant may, within fifteen (15) days after the mailing or serving of such notice, make written request to the collector for a hearing on his application for reclassification. If such request is made within the time prescribed, the collector shall cause the matter to be set for hearing. The collector shall give the applicant at least ten (10) days' notice of the time and place of the hearing in the manner prescribed above for serving notice of the action taken on the application for reclassification. The collector shall consider all evidence adduced and render his decision. Written notice of such findings shall be served upon the applicant in the manner prescribed above for service of notice of the action taken on the application for reclassification. The decision of the collector may be appealed to the city council. (Ord. 1324, 12-18-1984; Ord. 1358 § 2, 7- 15-1986)
15-24: OTHER THAN GROSS RECEIPTS:

A. Every person who engages in a business within the city as specified below shall pay a license tax of the amount and frequency indicated:

1. Advertising solicitor, the sum of twenty-five dollars ($25.00) semiannually for each person so employed.

2. "Amusements, amusement rides", as defined in section 15-1 of this chapter, wherein they are held in conjunction with and on premises owned or leased by commercial houses for commercial purposes, the sum of twenty-five dollars ($25.00) per period not to exceed four (4) days per calendar month; wherein amusement rides are not conducted as a promotion for a commercial house, the sum of twenty-five dollars ($25.00) per day per unit or one hundred dollars ($100.00) per year per unit.

City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

3. "Arcade", as defined in section 15-1 of this chapter, of five (5) or more amusement machines, games of chance or skill, at one location, shall pay five dollars ($5.00) per machine semiannually.

4. Auctioneers shall be licensed under the gross receipts section 15-23, classification A, of this article except that those auctioneers who are duly licensed by the state of California and whose permanent place of business is not within the city limits shall pay no license tax.

5. Auctions sales. Reserved.

6. Barbershops shall be licensed under the gross receipts section 15-23, classification B, of this article.

7. Boxing and wrestling matches. Every person conducting, carrying on or managing boxing or wrestling matches in the city shall pay the following license: Fifty dollars ($50.00) per day or one hundred fifty dollars ($150.00) semiannually.

8. Bus lines, who transport passengers from or to a terminus within the city, shall be licensed under the gross receipts section 15-23, classification B, of this article, except that common carriers shall be exempt.

9. Card rooms, the sum of one hundred fifty dollars ($150.00) per calendar quarter per table, except that tables where the players or participants at said table play solely for merchandise or so called "garbage" games, the sum of twenty-five dollars ($25.00) per calendar quarter per table.

10. Carnival, including each separate show, game, amusement, exhibition, vaudeville or dramatic performance, game of chance or skill, food and drink stands, the sum of four hundred dollars ($400.00) per day. "Amusements, amusement rides" as defined in section 15-1 of this chapter shall be licensed as provided in subsection A12 of this section.

11. Circuses. For the purpose of this section, a "circus" is defined to be an exhibition or entertainment at which feats of horsemanship, acrobatic feats, and trained or wild animals are exhibited or displayed, to which exhibition or entertainment an admission fee is charged. For any person conducting, carrying on or managing a circus, or other similar exhibition, side show, or other show or concert to a circus, the sum of two hundred dollars ($200.00) per day.

12. Coin operated machines. For each machine operated by depositing therein coin(s) or operated by other consideration of value, the sum of five dollars ($5.00) per machine semiannually. Machines owned and operated by a person in conjunction with his established business shall be licensed under the gross receipts of the established business. Newspaper vending machines, money changing machines and coin operated laundries are exempt from this subsection A12.

13. Contractors, and every person who is required to have a state contractor's license and who is conducting, carrying on or managing the business of a contractor, shall be required to have a city contractor's business license. Contractor's license fee shall be paid semiannually under the gross receipts section 15-23, classification B, of this article.

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14. Demonstrators and hawkers. For every person who advertises or calls attention to the business, profession, trade or calling of any person by giving demonstration on foot, or from any wagon, automobile or vehicle, or from any stand, box or platform, on any street, alley, sidewalk or place, or in any doorway of any room or building, unenclosed or vacant lot, the sum of one hundred dollars ($100.00) per month, or fraction thereof; provided, that nothing in this subsection A14 shall be deemed to authorize licensing of any act now prohibited by law or ordinance. The provisions of this subsection A14 shall not apply to newsboys selling newspapers.

15. Detective agency or private detective, the sum of fifty dollars ($50.00) semiannually.

16. Flea market or swap meet operator, the sum of twenty-five dollars ($25.00) semiannually, plus one dollar ($1.00) per day per single space or area of contiguous spaces rented by the vendor, except that if a vendor possesses and exhibits a current and valid business license issued by the city then the operator need not remit the one dollar ($1.00) per day for any such vendor. Said fee shall be collected by the operator from the vendor and remitted to the city on a weekly basis, along with a complete list of the name and address of all vendors who were exempt from paying the tax pursuant to this subsection A16. Said remittance shall be accompanied by consecutively numbered receipts written in triplicate, containing the name and address of the vendor, the make and license number of a vehicle owned by the vendor, and the vendor's California seller's permit number. Said receipt shall be furnished by the city. One copy of the receipt shall be furnished to the vendor, one copy filed with the finance department Department of Planning and Engineering on a weekly basis, and one copy to be retained by the swap meet operator for a period of three (3) years for audit purposes.

16.1. Fortune teller. The business license fee for "fortune telling" for pay, as defined in subsection 15-20F of this chapter, shall be fifty dollars ($50.00) per year.

17. Handyman shall be licensed under the gross receipts section 15-23, classification B, of this article.

18. Hotels, motels, auto courts, etc., shall be licensed under the gross receipts section 15-23, classification B, of this article.

19. Insurance broker shall be licensed under the gross receipts section 15-23, classification B, of this article.

20. Itinerant vendor, itinerant merchant, the sum of fifteen dollars ($15.00) per day per person for each person so employed, with a minimum fee of twenty-five dollars ($25.00).

21. Junk dealer and/or collector shall be licensed under the gross receipts section 15- 23, classification B, of this article.

22. Maintenance service: building, janitorial, yard, etc., shall be licensed under the gross receipts section 15-23, classification B, of this article.

23. Newspapers, daily, with offices within the city, the sum of one hundred dollars ($100.00) semiannually.

City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

24. Newspapers, other than daily, with offices within the city, shall be licensed under the gross receipts section 15-23, classification B, of this article.

25. Newspaper agents and/or distributors, the sum of twenty-five dollars ($25.00) semiannually.

26. Paid promoters, the sum of one hundred dollars ($100.00) semiannually.

27. Pawnbrokers. For any person conducting, carrying on or managing a pawnshop or acting as pawnbrokers, the sum of one hundred dollars ($100.00) semiannually.

28. Peddler, the sum of ten dollars ($10.00) per day per person so employed, with a minimum fee of twenty-five dollars ($25.00).

29. Photographer, itinerant, the sum of one hundred dollars ($100.00) semiannually for each person so employed.

30. Private police, private patrol service shall be licensed under the gross receipts section 15-23, classification B, of this article.

31. Real estate broker, who maintains an office or place of business within the city and who engages in the activities of acting as a real estate broker in the sale or lease of any property within the city, the license fee shall be under the gross receipts section 15-23, classification A, of this article. Said gross receipts shall include gross commissions of the broker and gross commissions of all salespersons acting as agents of the broker.

32. Real estate broker, out of city, who does not maintain an office or place of business within the city but who engages in the activities of acting as a real estate broker in the sale or lease of any property within the city, the license fee shall be under the gross receipts section 15-23, classification A, of this article. Said gross receipts shall include gross commissions of the broker and gross commissions of all salespersons acting as agents of the broker.

33. Reserved.

34. Shoeshine parlors or persons engaged in the business of shining shoes, the sum of twenty-five dollars ($25.00) for the initial application fee inclusive of license fee for first semiannual license period. Thereafter the renewal license fee shall be the sum of seven dollars fifty cents ($7.50) semiannually.

35. Solicitor, the sum of twenty-five dollars ($25.00) per day per person so employed.

36. Solicitor, by means of telephone, the sum of twenty-five dollars ($25.00) semiannually per person so employed.

37. Stamp redemption shall be licensed under the gross receipts section 15-23, classification B, of this article.

38. Stockbroker shall be licensed under the gross receipts section 15-23, classification A, of this article.

39. Stock salesman, shall be licensed under the gross receipts section 15-23, classification A, of this article.

39.1. Street vendors/peddlers, the sum of twenty-five dollars ($25.00) semiannually for each vehicle, cart, or any other type of conveyance.

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40. Taxicabs or vehicles for hire, the sum of twenty-five dollars ($25.00) semiannually for each vehicle.

41. Trade school. Every person engaged in conducting or operating a trade school shall be licensed under the gross receipts section 15-23, classification B, of this article.

42. Transient trailer and recreation vehicle parks shall be licensed under the gross receipts section 15-23, classification B, of this article.

43. Trucking or delivering, with offices within the city, but not subject to public utilities commission regulations, shall be licensed under the gross receipts section 15-23, classification D, of this article.

44. Trucking or delivering, with offices outside the city, but not subject to the public utilities commission regulations, shall pay the sum of twenty-five dollars ($25.00) semiannually for each vehicle with one ton or less load capacity, and the sum of thirtyfive dollars ($35.00) semiannually for each vehicle with load capacity of over one ton.

B. Any business not designated under this section or in any other section of this chapter or in any other ordinance or code of the city of Porterville shall be licensed under section 15-23 of this article.

All licenses shall be paid in advance, in the legal currency of the United States, at the office of the city.

No greater or less amount of money shall be charged or received for any license than is provided in this chapter, and no license shall be sold or issued for any period of time other than is provided in this chapter. (Ord. 1324, 12-18-1984; Ord. 1358 § 1, 7-15-1986; Ord. 1384 § 3, 8-4-1987; Ord. 1494, 3-15-1994; Ord. 1531 § A4, 6-18-1996; Ord. XXXX, [date].)
ARTICLE III. GOING OUT OF BUSINESS SALE OR REMOVAL OF

BUSINESS SALE
SECTION:
15-25.1: License Required
15-25.2: Surrender Of Business License
15-25.3: Application For License
15-25.4: License Issuance
15-25.5: License Renewal
15-25.6: Penalties
15-25.7: Revocability Of License
15-25.8: Appeals
15-25.9: Regulations
15-25.10: License Tax
City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. 15-25.1: LICENSE REQUIRED:

A license shall be obtained by any person before selling or offering to sell any goods at a sale to be advertised or held out by means to be a "going out of business sale" or a "removal of business sale", as defined under section 15-1 of this chapter. The provisions of this article shall not apply to or affect persons acting pursuant to an order or process of a court of competent jurisdiction or persons acting in accordance with their powers and duties as public officials. (Ord. 1324, 12-18-1984)
15-25.2: SURRENDER OF BUSINESS LICENSE:

A. Upon being issued a permit pursuant to this article for a going out of business sale or removal of business sale, the permittee shall surrender concurrently to the finance director Director of Planning and Engineering each business license the permittee may hold at that time applicable to the business location covered by the application for a permit under this article, if the sale is advertised or conducted in a manner calculated to convey to the public the belief that the business will cease to be conducted at that location upon the disposal of the goods to be placed on sale.

B. It shall be unlawful for any person to whom a closeout sale permit is issued to engage in a business of similar nature at the same location for a period of one year following the closing date of the sale. (Ord. 1324, 12-18-1984; Ord. XXXX, [date].) 15-25.3: APPLICATION FOR LICENSE:

A. Any person desiring to conduct a "going out of business sale" or a "removal of business sale", as defined in this chapter, shall make a written application to the collector setting forth and containing the following information:

1. The true name and address of the owner of the goods to be subject of the sale;

2. The true name and address of the person from whom he purchased the goods to be sold and the price therefor, and if not purchased, the manner of such acquisition;

3. A description of the place where such sale is to be held;

4. The nature of the occupancy, whether by lease or sublease, and the effective date of termination of such occupancy;

5. The dates of the period of time in which the sale is to be conducted;

6. A full and complete statement of the facts in regard to the sale, including the reason for the urgent and expeditious disposal of goods thereby and the manner in which the sale will be conducted;

7. The means to be employed in advertising such sale, together with the proposed context of any advertising;

8. A complete and detailed inventory of the goods to be sold at such sale as disclosed by the applicant's records; said inventory shall be attached to and become a part of the required application;
City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

9. All goods included in such inventory shall have been purchased by the applicant for resale on bona fide orders, without cancellation privileges, and shall not comprise goods purchased on consignment. Such inventory shall not include goods ordered in contemplation of conducting a going out of business sale or a removal of business sale. Any unusual purchase or additions to the stock of goods of the business hereby effected within sixty (60) days before the filing of an application hereunder shall be deemed to be of such character.

B. In the event of delay of construction of a new facility or remodeling of a facility into which the business is to be relocated, which delay is not the fault of the licensee, new merchandise ordered after the application for removal of business sale may be offered for sale and excluded from this restriction. (Ord. 1324, 12-18-1984) 15-25.4: LICENSE ISSUANCE:

The collector shall issue a license for a going out of business sale or a removal of business sale after all requirements of this article have been met. The license shall authorize the sale described in the application for a period of not more than forty-five (45) consecutive days, following the issuance thereof for a going out of business sale and for a period of not more than ninety (90) consecutive days following the issuance thereof for a removal of business sale. (Ord. 1324, 12-18-1984)
15-25.5: LICENSE RENEWAL:

The collector shall renew a license for one period of time only, such period to be in addition to the time permitted in the original license and not to exceed forty-five (45) consecutive days, when he ascertains:

A. The facts existing justify the renewal;
B. That the licensee has filed an application for renewal; C. That the licensee has submitted with the application for renewal a revised inventory showing the items on the original inventory remaining unsold and not listing any goods not included in the original application and inventory. (Ord. 1324, 12-18-1984) 15-25.6: PENALTIES:

Any person who shall hold, conduct or carry on a "going out of business sale" or a "removal of business sale" as defined in this chapter, without securing a license as herein provided, shall be guilty of a misdemeanor. (Ord. 1324, 12-18-1984) 15-25.7: REVOCABILITY OF LICENSE:

The collector may revoke any going out of business sale or removal of business sale license when any regulations set forth in this article are violated. Said revocation may be appealed to the city council as set forth in subsection 15-13A of this chapter. (Ord. 1324, 12-18-1984) 15-25.8: APPEALS:

City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

Any person aggrieved by any decision of the collector with respect to the issuance or refusal to issue such license may appeal to the council by filing a notice of appeal with the clerk of the council. The council shall thereupon fix a time and place for hearing such appeal. The clerk of the council shall give notice to such person of the time and place of hearing by serving it personally or by depositing it in the United States post office at Porterville, California, postage prepaid, addressed to such person at his last known address. The council shall have authority to determine all questions raised on such appeal.

No such determination shall conflict with any substantive provision of this article. (Ord. 1324, 12-18- 1984)
15-25.9: REGULATIONS:

A. Established Business Requisite: No license shall be granted to any person who has not been the bona fide owner of a business advertised or described in the application for a license hereunder for a period of at least twelve (12) months prior to the date of the proposed sale.

B. Restricted Location: Where a person applying for a license hereunder operates more than one place of business, the license issued shall apply only to the one store or branch specified in the application; and no other store or branch shall advertise or represent that it is cooperating with or in any way participating in the licensed sale, nor shall the store or branch conducting the licensed sale advertise or represent that any other store or branch is cooperating with or participating in any way in the licensed sale.

C. Operation At Other Than Fixed Premises: Any licensee transacting and carrying on business, but not operating at a fixed place of business in the city, shall keep the license upon his person at all times while transacting and carrying on such business. (Ord. 1324, 12-18-1984)
15-25.10: LICENSE TAX:

A. Going Out Of Business Sale: The sum of fifty dollars ($50.00) for a period of not more than forty five (45) days; and a renewal fee of one hundred dollars ($100.00) for one additional forty five (45) day period.

B. Removal Of Business Sale: The sum of five dollars ($5.00) for a period of not more than ninety (90) days; and a renewal fee of ten dollars ($10.00) for one additional forty five (45) day period. (Ord. 1324, 12-18-1984)
ARTICLE IV. RESERVED
(Rep. by Ord. 1702 § 2, 8-15-2006)
ARTICLE V. LICENSES AND REGULATION OF SEXUALLY ORIENTED

BUSINESSES
SECTION:
15-40: Prohibited Uses, Conduct And Activities
City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. 15-41: Purpose And Intent
15-42: Classifications Of Sexually Oriented Businesses
15-43: Definitions
15-44: Permit Required
15-45: Application For Permit
15-46: Continuing Permit Obligations
15-47: Filing Of Completed Application
15-48: Issuance Of Permit
15-49: Processing Completed Application
15-50: Notification Of Permit Denial; Subsequent Application 15-51: Annual Permit Fee
15-52: Inspection
15-53: Administrative And Judicial Review Or Permit Denial, Suspension Or Revocation
15-54: Transfer Of Permit
15-55: Registration Of New Employees/Independent Contractors 15-56: Business License Required
15-57: Business Operations
15-58: Prohibitions Regarding Minors And Sexually Oriented Businesses 15-59: Display Regulations
15-60: Additional Requirements
15-61: Exemptions
15-62: Criminal Penalties And Additional Legal, Equitable, And Injunctive Relief
15-63: Suspension Or Revocation Of Permit
15-64: Immunity From Prosecution
15-65: Severability
15-40: PROHIBITED USES, CONDUCT AND ACTIVITIES:

A. One of the important purposes of the regulations set forth in this article is to discourage and to minimize the opportunity for criminal conduct. As such, nothing in this article shall permit or be interpreted to permit any use, conduct, and/or activity which is specifically prohibited under the following California Penal Code sections:

1. Receipt of money for placement of person for purposes of cohabitation (Penal Code § 266d).

City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

2. Purchase of person for purposes of prostitution or placement of person for immoral purposes (Penal Code § 266e).

3. Sale of person for immoral purposes (Penal Code § 266f).

4. Pimping (Penal Code § 266h).

5. Pandering (Penal Code § 266i).

6. Lewd or obscene conduct (Penal Code § 314).

7. Houses of ill fame (Penal Code § 315).

8. Disorderly houses which disturb the immediate neighborhood (Penal Code § 316).

9. Places of prostitution (Penal Code § 317).

10. Place of prostitution; place of lewdness; place used as bathhouse permitting conduct capable of transmitting AIDS (Penal Code § 11225).

B. Nothing in this article shall be interpreted to permit or permit any use, conduct, and/or activity which violates any federal, state or local law or regulation.

C. A sexual encounter establishment is not a permitted use. For purposes of these regulations, a "sexual encounter establishment" means any business or commercial establishment that as one of its important business purposes offers for any form of consideration a place where two (2) or more persons may congregate, associate, or consort for the purpose of specified sexual activities when one or more of the persons in the establishment is in a state of nudity or where two (2) or more persons may congregate, associate, or consort for the purpose of the exposure of specified anatomical areas where one of the patrons of the establishment is in a state of nudity or state of seminudity. The definition of "sexual encounter establishment" shall not include an establishment where a medical practitioner, physiologist, psychiatrist or similar professional person licensed by the state engages in medically approved and recognized sexual therapy. (Ord. 1600 § 1, 5-1-2001)
15-41: PURPOSE AND INTENT:

It is the purpose and intent of this article to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the city and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of sexually oriented businesses within the city, thereby reducing or eliminating the adverse secondary effects from such sexually oriented businesses. The provisions of this article have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this article to restrict or deny access by adults to sexually oriented materials protected by the first amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this article to condone or legitimize the distribution of obscene material. (Ord. 1600 § 1, 5-1- 2001)
15-42: CLASSIFICATIONS OF SEXUALLY ORIENTED BUSINESSES:

The following uses and/or activities shall be classified as "sexually oriented businesses":

City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

A. Adult arcades.

B. Adult bookstores, adult novelty stores, and adult video stores.

C. Adult cabarets.

D. Adult motels.

E. Adult motion picture theaters.

F. Adult theaters.

G. Adult model studios. (Ord. 1600 § 1, 5-1-2001)
15-43: DEFINITIONS:

For purposes of this article, certain words and phrases are defined as follows:

EMPLOYEE: A person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business.

ESTABLISHMENT: Means and includes any of the following:

A. The opening or commencement of any such business as a new business; B. The conversion of an existing business, whether or not a sexually oriented business, to any of the sexually oriented businesses defined in this article; C. The addition of any of the sexually oriented businesses defined in this article to any other existing sexually oriented business; or
D. The relocation of any such sexually oriented business; or E. The substantial enlargement of any such sexually oriented business.

NUDITY OR STATE OF NUDITY: a) The appearance or display of human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast; or b) a state of dress which fails to opaquely and fully cover a human buttock, anus, male or female genitals, pubic region or areola or nipple of the female breast.

OPERATOR: The owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises.

PERMITTED OR UNLICENSED PREMISES: Any premises that requires a license and/or permit and that is classified as a sexually oriented business.

PERMITTEE AND/OR LICENSEE: A person in whose name a permit and/or license to operate a sexually oriented business has been issued as well as the individual listed as an applicant on the application for a permit and/or license.

PERSON: An individual, proprietorship, partnership, corporation, association or other legal entity.

PUBLIC BUILDING REGULARLY FREQUENTED BY CHILDREN: Any building owned, leased or held by the United States, the state, the county, the city, any special district, school district, or any other agency or political subdivision of the state or the United States, which building is used as a library, community center, children's center, or any other use having special attraction to children, or which building is often visited by children for social activities unaccompanied by their parents or other adult custodians.

City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

PUBLIC PARK OR RECREATION AREAS: Public land which has been designated for park or recreational activities including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, open space wilderness areas, or similar public land within the city which is under the control, operation, or management of the city park and recreation authorities.

RELIGIOUS INSTITUTION: Any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities, as identified on the latest equalized tax assessment roll.

SCHOOL: Any public or private educational facility including, but not limited to, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities.

School includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school.

SEMINUDE: A state of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breasts, as well as portions of the body covered by supporting straps and devices.

SENSITIVE USE: Any cemetery; religious institution; school; public building regularly frequented by children; public park; or boys' club, girls' club, or similar youth organization.

SEXUALLY ORIENTED BUSINESSES: Those businesses defined as follows:

Adult Arcade: An establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five (5) or fewer persons each, are regularly available or used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Adult Bookstore, Adult Novelty Store Or Adult Video Store: A commercial establishment which:
a) has a significant or substantial portion of its stock in trade; or b) derives a significant or substantial portion of its revenues; or c) devotes a significant or substantial portion of its interior floor or display space; or
d) devotes a significant or substantial part of its business activities or employees' time, or advertising, to the sale, rental or viewing for any form of consideration, of any one or more of the following:

A. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, slides or other visual representatives which are characterized by the depiction or description of specified sexual activities or specified anatomical areas;
B. Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

C. An establishment may have other significant or substantial business purposes that do not involve the offering for sale, rental or viewing of materials, City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. depicting or describing specified sexual activities or specified anatomical areas, and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as one of its significant or substantial business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe specified anatomical areas or specified sexual activities.

Adult Cabaret: A nightclub, bar, restaurant, "bottle club", or similar commercial establishment, which regularly features:
a) seminude persons or live performances which are characterized by the exposure of specified anatomical areas, or by specified sexual activities; or b) films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Adult Model Studio: Any place where a person appears seminude or who displays specified anatomical areas or who engages in specified sexual activities is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. This term does not include a modeling class operated by a proprietary school, licensed by the state of California; a college, junior college, or university supported entirely or partly by taxation; by a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing, where in order to participate in a class a student must enroll at least three (3) days in advance of the class, and where no more than one nude model is on the premises at any one time.

Adult Motel: A motel, hotel or similar commercial establishment which:
a) offers public accommodations, for any form of consideration, and which regularly provides or makes available to patrons with closed circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right of way or by means of any off remises advertising including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or
b) offers a sleeping room for rent for a period of time less than ten (10) hours; or
c) allows a tenant or occupant to rent or subrent the sleeping room for a time period of less than ten (10) hours.

Adult Motion Picture Theater: Commercial establishment where films, motion pictures, videocassettes, slides or similar photographic reproductions depicting or City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. describing specified sexual activities or specified anatomical areas are regularly shown for any form of consideration.

Adult Theater: A theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features seminude persons or live performances which are characterized by exposure of specified anatomical areas or by specified sexual activities.

Regularly Features Or Regularly Shown: With respect to an adult cabaret, adult theater, or adult motion picture theater means a regular and substantial course of conduct. The fact that a live performance or film which is distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities is exhibited on two (2) or more occasions within a thirty (30) day period; three (3) or more occasions within a sixty (60) day period; or four (4) or more occasions within a one hundred eighty (180) day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.

Significant Or Substantial Portion: Such a percentage of its activities, space allocation, revenues, advertising targeting, stock in trade, floor or display space, business receipts, revenues, or other business undertakings as to indicate to a reasonable person that the sexually oriented portion of the business is one of its important activities, though not necessarily its only or even primary activity; for this purpose, evidence that twenty five percent (25%) or more of its revenue is derived from such sexually oriented activities or materials, or that twenty five percent (25%) or more of its interior floor space or display space is devoted to such sexually oriented activities or materials, or that twenty five percent (25%) or more of its actual stock in trade regularly displayed and immediately available for se, rental, purchase, viewing or perusal is comprised of such sexually oriented materials, all as defined in this section 15-43, shall be evidence that a "significant or substantial portion" of the business is devoted to such uses.

SPECIFIED ANATOMICAL AREAS: As used in this article, means and includes any of the following:

A. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES: As used in this article, means and includes any of the following:

A. The fondling or other intentional touching of buttocks for purpose of sexual arousal, or fondling or other intentional touching of human genitals, pubic region, anus, or female breasts;
B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
C. Masturbation, actual or simulated;
D. Human genitals in a state of sexual stimulation, arousal or tumescence; City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

E. Excretory functions as part of or in connection with any of the activities set forth in subsections A through D of this definition.

SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS: An increase in the floor areas occupied by the business as the floor areas existed on the effective date of this article.

TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS:

Means and includes any of the following:

A. The sale, lease or sublease of the business.

B. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means. (Ord. 1600 § 1, 5-1-2001) 15-44: PERMIT REQUIRED:

No person shall operate, maintain, manage or conduct a sexually oriented business without a valid sexually oriented business permit issued by the city for the particular type of sexually oriented business. Any sexually oriented business in operation on the effective date hereof shall have thirty (30) days from the effective date to apply to the city of Porterville for a sexually oriented business license under the provisions of this article. (Ord. 1600 § 1, 5-1- 2001)
15-45: APPLICATION FOR PERMIT:

A. The city's designee is responsible for granting, denying, revoking, renewing, suspending, and canceling sexually oriented business permits for proposed or existing sexually oriented businesses.

B. The city's designee shall be the city manager, or any other officer or employee designated in writing by the city manager to deal with the provisions of this article.

C. A completed application shall contain the following information and shall be accompanied by the following documents:

1. If the applicant is:
a. An individual, the individual shall state his/her legal name, any aliases, and date of birth;
b. A partnership, the partnership shall state its complete name and the names of all general partners;
c. A corporation, the corporation shall state its complete name, the names and capacity of all officers, directors and the name and address of the registered corporate agent for service of process.

2. If the applicant intends to operate the sexually oriented business under a name other than that on the application, he/she must state the sexually oriented business's fictitious name.

3. A statement as to whether the applicant or any other individuals identified in the application, excluding any agent for service of process who is not also listed as a director or officer, has had a previous permit under this article, or any other similar sexually oriented business ordinance of the city, denied, suspended or revoked, including the City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation.

4. A statement as to whether the applicant or any other individuals identified in the application, excluding any agent for service of process who is not also listed as a director or officer, has been a sole proprietor, general partner, officer, a director of a sexually oriented business that has had a previous permit under this article, or any other similar sexually oriented business ordinance of the city denied, suspended or revoked by the city, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well.

5. The name(s) of the responsible person(s) who will be on the premises to act as manager during the times that the business is open, or a statement that the applicant has not yet selected the manager(s).

6. The classification, as defined in this article, of sexually oriented business for which the applicant is seeking a permit.

7. The location of the proposed sexually oriented business, including a legal description of the property, street address, and telephone number(s) currently in service.

8. The applicant's address.

9. A recent photograph of the applicant.

10. The applicant's driver's license number or permit number or identification number and social security number and/or the applicant's state or federally issued tax identification number.

11. A clearly legible sketch or diagram showing the configuration of the premises and all improvements to the site including, parking, landscaping, sign configuration and location and outdoor lighting, including a statement of total floor space and its purpose, occupied by the business. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches (±6").

12. A radius map prepared within thirty (30) days prior to application depicting the building and the portion thereof to be occupied by the sexually oriented business, and:
a) the property lines of any other sexually oriented business within six hundred feet (600') of the property line of the sexually oriented businesses for which a permit is requested; and b) the property lines of any sensitive use within one thousand feet (1,000') of the property line of the sexually oriented business for which a permit is requested.

13. A diagram of the off street parking areas and premises entries of the sexually oriented business showing the location of the lighting system required pursuant to this article.

14. Each individual listed on the application pursuant to subsection C1 of this section, excluding any agent for service of process who is not also listed as a director or officer, shall sign the application. If the applicant is a corporation, its authorized representative may sign the application on behalf of the corporation upon submission of proof of such authorization.

15. The applicant's fingerprint on a form approved by the city's police department.

City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

D. The applicant shall be required to pay a nonrefundable application fee as set forth by resolution at the time of filing an application pursuant to this article. (Ord. 1600 § 1, 5-1- 2001)
15-46: CONTINUING PERMIT OBLIGATIONS:

A. The fact that a person possesses other types of state or city permits and/or licenses does not exempt him/her from the requirement of obtaining a sexually oriented business permit.

B. By applying for a permit under this article, the applicant shall be deemed to have consented to the provisions of this article and to the exercise by the city or its designee, the police chief's office, and all other city departments charged with enforcing the laws, ordinances and codes applicable in the city, of their respective responsibilities under this article.

C. An operator shall promptly update, correct or supplement the information contained in the application for a sexually oriented business permit on file with the city as necessary to keep the information contained therein accurate. (Ord. 1600 § 1, 5-1-2001) 15-47: FILING OF COMPLETED APPLICATION:

A. Upon receipt of an application properly filed with the city and upon payment of the nonrefundable application fee, the city or its designee shall immediately stamp the application as received on that date.

B. If the city designee determines that the applicant has completed the application improperly, or otherwise deems the application to be incomplete, the city designee shall, within fifteen (15) days of receipt of the original application, notify the applicant of such fact and, on request of the applicant, grant the applicant an extension of time, twenty (20) days or less, to submit a complete application. In addition, the applicant may request an extension, not to exceed fifteen (15) days, of the time for the city designee to act on the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time. (Ord. 1600 § 1, 5-1-2001) 15-48: ISSUANCE OF PERMIT:

Within thirty (30) business days of receipt of a completed application, the city shall issue a sexually oriented business permit, which will be deemed to have been approved as of the date the application was filed for the purpose of determining the proper location of the business, upon verification of the following facts:

A. The location of the business complies with all applicable zoning laws.

B. The configuration of the premises, as set out in the sketch or plan submitted with the application, does not reveal any violation of applicable health, zoning, fire and safety laws of the state of California and ordinances of the city of Porterville applicable thereto, including those set out in this article.

C. The applicants or individuals identified therein, excluding any agent for service of process who is not also listed as a director or officer, are not otherwise disqualified from City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. lawful operation of a sexually oriented business pursuant to any state, county, federal or local law, including those set out in this article.

D. The applicant is eighteen (18) years of age or older.

E. The applicant has provided all information required by this article, none of which is known to the city to be incorrect.

F. The application or permit fees required by this article have been paid.

G. Applicant has no prior conviction of sexually related convictions listed in subsection 15-40A of this article. (Ord. 1600 § 1, 5-1-2001)
15-49: PROCESSING COMPLETED APPLICATION:

The city, or its designee, shall grant or deny a completed application for a permit within thirty (30) business days from the date of receipt by the city of a complete application. Upon the expiration of the thirtieth day, unless the city or its designee has given written notice to the applicant, the application shall be deemed granted and the operator shall be excused from the requirement that a duly issued permit be posted at the premises until such time as said permit is issued pursuant to this section. (Ord. 1600 § 1, 5-1-2001) 15-50: NOTIFICATION OF PERMIT DENIAL; SUBSEQUENT APPLICATION:

If the city or its designee denies the application, he/she shall notify the applicant of the denial and state the reason(s) for the denial. Any subsequent application which has been supplemented to cure the grounds for prior denial shall be treated as a new application. (Ord. 1600 § 1, 5-1-2001)
15-51: ANNUAL PERMIT FEE:

A. The annual fee for a sexually oriented business permit is set forth by resolution, to partially offset the costs of monitoring and policing the operation of the business entities involved.

B. The city council hereby determines that the actual cost of monitoring and policing each such business is at least that amount.

C. Said fee shall be due yearly on the anniversary of the issuance of the permit and shall be deemed delinquent thirty (30) days thereafter. (Ord. 1600 § 1, 5-1-2001) 15-52: INSPECTION:

Every operator shall permit representatives of the city and/or police, fire or health departments to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law at any time it is occupied or open for business. (Ord. 1600 § 1, 5-1-2001)
15-53: ADMINISTRATIVE AND JUDICIAL REVIEW OR PERMIT DENIAL, SUSPENSION OR REVOCATION:

A. Administrative Appeal To City Council: After denial of an application or suspension or revocation of a permit, the applicant or permittee may seek prompt review of such City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. administrative action through the city council by filing a written appeal within ten (10) calendar days of the action. The council shall promptly set an administrative hearing in accordance with the provisions of section 15-13 of this chapter.

B. Expedited Review Of Free Speech Claims: An administrative appeal shall be heard and decided at the next regularly scheduled city council meeting when the written request for an administrative appeal alleges that the administrative action constitutes a violation of the applicant or permittee's state or federal constitutional rights to free speech, press or expression. If affirmed by the city council, the administrative action is subject to prompt review by the superior court for the state of California, in and for the county of Tulare, pursuant to California Code of Civil Procedure section 1094.8. Additionally, the applicant or permittee may seek a temporary or preliminary injunction, stay of the administrative action pending judicial review and/or a permanent injunction or declaratory relief. (Ord. 1600 § 1, 5-1-2001)
15-54: TRANSFER OF PERMIT:

A. A permittee shall not operate a sexually oriented business under the authority of a permit at any place other than the address designated in the application for permit.

B. A permittee shall not transfer his/her permit to another person unless and until such other person satisfies the following requirements:

1. Obtains an amendment to the permit from the city or its designee, which provides that he/she is now the permittee, which amendment may be obtained only if he/she has completed and properly filed an application with the city or its designee, setting forth the information called for under subsection 15-45C of this article in the application; and

2. Pays a transfer fee of fifty percent (50%) of the annual permit fee set by resolution.

C. No permit may be transferred during the pendency of administrative procedures following notice by the city or its designee to the permittee that suspension or revocation proceedings have been or will be brought against the permittee, until such proceedings have been completed, withdrawn or otherwise canceled.

D. Permittee shall not transfer a permit whether directly or indirectly in violation of this section. Such a transfer is hereby declared void, and the permit shall be considered abandoned and shall automatically revert to the city. (Ord. 1600 § 1, 5-1-2001) 15-55: REGISTRATION OF NEW EMPLOYEES/INDEPENDENT
CONTRACTORS:

A. As a further condition of approval of every sexually oriented business permit issued pursuant to this article, every owner or operator shall register every employee or independent contractor working on its premises with the police department within five (5) business days of the commencement of the employee's period of employment at the sexually oriented business.

B. Each employee/independent contractor shall be required to provide two (2) recent color passport quality photographs and shall allow himself or herself to be fingerprinted by the police department for purposes of identification. In addition, each new City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. employee/independent contractor shall provide the following information on a form provided by the police department:

1. Name, current resident address, telephone number.

2. Date of birth.

3. Social security number.

4. Height, weight, color of eyes and hair.

5. Stage name (if applicable) and other aliases used within the previous two (2) years.

C. The information provided for purposes of this section shall be maintained by the police department as confidential information and shall not be disclosed as public records unless pursuant to an order issued by a court of competent jurisdiction.

D. Each owner or operator of a sexually oriented business shall maintain a current register of 0names of all employees and independent contractors currently employed by or working at the sexually oriented business, and shall disclose such registration for inspection by any designated city representative for purposes of determining compliance with this section.

E. Failure to register each new employee/independent contractor within five (5) days of commencement of employment, or to maintain a current register of the names of all employees, shall be deemed a violation of the conditions of the permit and may be considered grounds for suspension or revocation of the permit. (Ord. 1600 § 1, 5-1-2001) 15-56: BUSINESS LICENSE REQUIRED:

In addition to any licenses or permits required by this article, sexually oriented businesses shall secure a semiannual business license as prescribed by section 15-23 of this chapter.

Such licenses shall be calculated based on gross receipts. (Ord. 1600 § 1, 5-1-2001) 15-57: BUSINESS OPERATIONS:

A. Visibility:

1. The entire interior of an adult arcade, adult bookstore, adult novelty store, adult cabaret, adult video arcade, adult model studio, and any nonconforming sexual encounter establishment and the entire concession area of an adult motion picture theater or adult theater, the entire common areas of an adult motel, and the entire exhibition area of an adult motion picture theater or adult theater, shall be visible upon entrance to such areas.

2. Visibility from the entrance shall not be obstructed by any curtain, door, wall, merchandise rack, or any other thing.

3. No partially or fully enclosed booths or partially or fully concealed booths shall be maintained within the sexually oriented business.

4. No patrons shall be permitted access to any area of the premises not visible from the entrance.

5. Customers, patrons or visitors of adult arcades shall be prohibited from standing idly by in the vicinity of any such video booths, or from remaining in the common area of such business, other than the restrooms, who are not actively engaged in shopping City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. for or reviewing the products available on display for purchaser viewing. Signs prohibiting loitering shall be posted in prominent places in and near the video booths.

6. All areas of the sexually oriented business shall be illuminated at a minimum of the following foot-candles, minimally maintained and evenly distributed at ground level:

Area Foot-Candles
Arcades 10
Bookstores and other retail establishments 20
Theatres and cabarets
5 (except during performances, at which times
lighting shall be at least 1.25 foot- candles)

7. All off street parking areas and premises entries of the sexually oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot-candle of light on the parking surface and/or walkways. The required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the sexually oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises.

8. The building entrance to a sexually oriented business shall be clearly and legibly posted with a notice indicating that persons under eighteen (18) years of age are precluded from entering the premises. Said notice shall consist of letters no less than one inch (1") in height. No person under the age of eighteen (18) years shall be permitted within the premises at any time.

9. The building entrance to a sexually oriented business shall be clearly and legibly posted with a notice indicating that no alcoholic beverages are permitted on the premises.

B. Exceptions To Visibility Requirements:

1. Subsection A of this section shall not apply to those areas of a sexually oriented business to which only employees are permitted access and patrons are excluded and which cannot be viewed from any area accessible to patrons.

2. Subsection A of this section shall not apply to a restroom; however, no restroom shall contain any merchandise, materials, product, or service referenced in section 15-43 of this article.

C. Private Viewing Booths Or Rooms:

1. No viewing room or booth of an adult arcade or adult video arcade may be occupied by more than one person at any time.

2. The walls or partitions between viewing rooms or booths shall be maintained in good repair at all times, with no holes between any two (2) such rooms such as would allow viewing from one booth into another or such as to allow physical contact of any kind between the occupants of any two (2) such booths or rooms.

3. The floors, seats, walls and other interior portions of all viewing rooms or booths shall be maintained clean and free from waste and bodily secretions.

City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

D. Business Hours: A sexually oriented business shall be open for business only between the hours of nine o'clock (9:00) A.M. on any particular day to two o'clock (2:00) A.M. the next morning.

E. Posting Permit: A valid sexually oriented business permit duly issued pursuant to this article shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it can be easily read at all times.

F. Manager On Duty:

1. There shall be a responsible person on the premises to act as manager at all times during which the business is open.

2. At all times that any patron is present inside the premises, at least one manager shall be situated at a location within the premises so as to allow her/him an unobstructed view of the entire area accessible to patrons. Within those sexually oriented businesses lawfully configured to include more than one open room accessible to patrons, such as an adult theater with both a concession area and an exhibition area, or various common areas of an adult motel, sufficient additional managers shall be present as necessary to allow management personnel to maintain an unobstructed view of all areas accessible to patrons, at all times.

3. Every permittee shall ensure that all employees are familiar with the provisions of this article as amended from time to time and with all other regulations adopted by the city related to sexually oriented businesses.

G. Required Physical Modification To Premises:

1. An operator of a sexually oriented business shall be permitted a reasonable period of time to make modifications to the business premises if such modifications are made necessary by the implementation of the provisions of this article.

2. The reasonable period of time shall normally be thirty (30) days from the effective date hereof to file the appropriate plans and designs with the city, and up to ninety (90) days thereafter for completion of the modifications.

3. Should modifications be so extensive as to reasonably require a longer period of time, the city or its designee may grant a longer period of time for completion of such modifications, in consultation with the city's building officials.

H. Separate Restrooms: The sexually oriented business shall provide and maintain separate restroom facilities for male patrons and employees, and female patrons and employees. Male patrons and employees shall be prohibited from using the restroom(s) for females, and female patrons and employees shall be prohibited from using the restroom(s) for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms shall be free from any motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this subsection shall not apply to a sexually oriented business which deals exclusively with sale or rental of adult material which is not used or consumed on the premises, such as an adult bookstore or adult video store, and which does not provide restroom facilities to its patrons or the general public.

I. No Alcohol: No alcoholic beverages shall be served or consumed on the premises of any sexually oriented business. (Ord. 1600 § 1, 5-1-2001) City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. 15-58: PROHIBITIONS REGARDING MINORS AND SEXUALLY ORIENTED BUSINESSES:

It shall be unlawful and a person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business under this article, and knowingly, or with the reasonable cause to know, permits, suffers, or allows:

A. Admittance of a person under eighteen (18) years of age to the business premises; B. A person under eighteen (18) years of age to remain at the business premises; C. A person under eighteen (18) years of age to purchase goods or services at the business premises; or
D. A person who is under eighteen (18) years of age to work at the business premises in any capacity. (Ord. 1600 § 1, 5-1-2001)
15-59: DISPLAY REGULATIONS:

A. No display or exhibit depicting or describing specified sexual activities or specified anatomical areas shall be placed in, on, or at the site of the subject premises in such a manner as to be visible from the exterior of the premises.

B. The building entrance to a sexually oriented business shall be clearly and legibly posted with a notice indicating that persons under eighteen (18) years of age are precluded from entering the premises. Said notice shall consist of letters no less than one inch (1") in height.

C. The building entrance to a sexually oriented business shall be clearly and legibly posted with a notice indicting that no alcoholic beverages are to be served or consumed on the premises. Said notice shall consist of letters no less than one inch (1") in height.

D. The building entrance to a sexually oriented business shall be clearly and legibly posted with a notice indicating business's hours of operation.

E. The view of the entrance to any sexually oriented business from outside of the business shall be designed in a manner that obscures the view of the interior of the premises from individuals outside the premises so as to prohibit minors from viewing or seeing any material, conduct or activities which depict, describe or display specified sexual activities or specified anatomical areas. (Ord. 1600 § 1, 5-1-2001) 15-60: ADDITIONAL REQUIREMENTS:

The following additional requirements shall pertain to sexually oriented businesses providing live entertainment depicting seminude persons, specified anatomical areas or involving specified sexual activities:

A. No person shall perform live entertainment for patrons of a sexually oriented business except upon a stage at least eighteen inches (18") above the level of the floor which is separated by a distance of at least ten feet (10') from the nearest area occupied by patrons, and no patron shall be permitted within ten feet (10') of the stage while the stage is occupied by an entertainer. "Entertainer" shall mean any person who is an employee or independent contractor of the sexually oriented business, or any person who with or City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. without any compensation or other form of consideration performs live entertainment for patrons of a sexually oriented business.

B. The sexually oriented business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use.

C. The sexually oriented business shall provide an entrance/exit for entertainers which is separate from the entrance/exit used by patrons.

D. The sexually oriented business shall provide access for entertainers between the stage and dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the sexually oriented business shall provide a minimum three foot (3') wide walk aisle for entertainers, between the dressing room area and the stage, with a railing, fence or other barrier, separating the patrons and the entertainers, capable of (and which actually results in) preventing any physical contact between patrons and entertainers.

E. No entertainer, either before, during or after performance, shall have physical contact with any patron and no patron shall have physical contact with any entertainer either before, during or after performances by such entertainer. This subsection shall only apply to physical contact on the premises of the sexually oriented business.

F. Fixed rail(s) at least thirty inches (30") in height shall be maintained establishing the separations between entertainers and patrons required by this subsection.

G. No patron shall directly pay or give any gratuity to any entertainer and no entertainer shall solicit any pay or gratuity from any patron.

H. No owner or other person with managerial control over a sexually oriented business (as that term is defined herein) shall permit any person on the premises of the sexually oriented business to engage in a live showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque coverage and/or the female breast with less than a fully opaque coverage over any part of the areola.

I. Sexually oriented businesses featuring live entertainment shall provide at least one security guard at all times while the business is open. If the occupancy limit of the premises is greater than thirty five (35) persons, an additional security guard shall be on duty. Additional security guards may be required if the occupancy limit of the premises is greater than seventy (70) persons. Security guard(s) shall be charged with preventing the violations of law and enforcing compliance by patrons of the requirements of these regulations. Security guards shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required pursuant to this subsection and shall not act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager's station while acting as a security guard.

J. The foregoing applicable requirements of this section shall be deemed conditions of sexually oriented business regulatory permit approvals, and failure to comply with every such requirement shall be grounds for revocation of the permit issued pursuant to these regulations.

K. Every permittee of a sexually oriented business which provides live entertainment pursuant to this article must maintain a register of all persons so performing on the City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. premises. Such register shall be available for inspection during the regular business hours by any designee of the city of Porterville. (Ord. 1600 § 1, 5-1-2001) 15-61: EXEMPTIONS:

A. It is a defense to prosecution for any violation of this article that a person appearing in a state of nudity did so in a modeling class operated:

1. By a college, junior college, or university supported entirely or partly by taxation; or

2. By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

3. In a structure:
a. Which has no sign visible from the exterior of the structure and not other advertising that indicates a nude person is available for viewing, and b. Where, in order to participate in a class, a student must enroll at least three (3) days in advance of the class, and
c. Where no more than one nude model is on the premises at any one time.

B. It is a defense to prosecution of a violation of this article that an employee of a sexually oriented business, regardless of whether or not it is permitted under this article, exposed any specified anatomical area during the employee's bona fide use of a restroom, or during the employee's bona fide use of a dressing room which is accessible only to employees. (Ord. 1600 § 1, 5-1-2001)
15-62: CRIMINAL PENALTIES AND ADDITIONAL LEGAL, EQUITABLE, AND INJUNCTIVE RELIEF:

A. If any person fails or refuses to obey or comply with or violates any of the provisions of this article, such person, upon conviction of such offense, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment not to exceed sixty (60) days in the jail, or both, in the discretion of the court. Each violation or noncompliance shall be considered a separate and distinct offense. Further, each day of continued violation or noncompliance shall be considered as a separate offense.

B. Nothing herein contained shall prevent or restrict the city from taking such other lawful action as is necessary to prevent or remedy any violation or noncompliance.

Such other lawful actions shall include, but shall not be limited to, a nuisance abatement proceeding pursuant to chapter 21, section 614.03 of this code, a civil nuisance abatement of equitable action for injunctive relief or an action at law for damages in any court of competent jurisdiction.

C. All remedies and penalties provided for in this article shall be cumulative and independently available to the city, and the city shall be authorized to pursue any and all remedies set forth in this section to the full extent allowed by law.

D. The city shall be entitled to recover all attorney fees and costs incurred in the filing or City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. prosecution of any action or administrative proceeding brought to enforce any provision(s) of this article. (Ord. 1600 § 1, 5-1-2001) 15-63: SUSPENSION OR REVOCATION OF PERMIT:

A. After an investigation, notice and hearing, the city manager or his designee shall suspend or revoke an existing permit, or impose such conditions upon the retention of the permit as shall be found to be necessary to assure the preservation of the public health and safety, if the evidence presented established that one of the following conditions exist:

1. The building, structure, equipment, location, or manner of operation of such business does not comply with the requirements of, or fails to meet the standards of, the health, zoning, fire and safety laws of the state of California and ordinances of the city of Porterville applicable to such business operations.

2. The permittee, his or her employee, agent, partner, director, officer, stockholder or manager has knowingly made any false, misleading or fraudulent statements of material fact in the application for a sexually oriented business permit, or in any report or record to be filed with the city pertaining to the permit for the sexually oriented business, or has violated any rule or regulation duly adopted by the city relating to sexually oriented businesses, including those set out in this article.

3. A court of competent jurisdiction has found that the permittee, his or her employee, agent, partner, director, manager, or stockholder has knowingly engaged in or allowed or permitted to be committed any unlawful act of sexual intercourse, sodomy, oral copulation, masturbation, or distribution of obscenity, on or in the subject premises.

4. A court of competent jurisdiction has found that the permittee, his or her employee, agent, partner, director, manager, or stockholder has knowingly engaged in or permitted or allowed to occur unlawful solicitations for sexual intercourse, sodomy, oral copulation, masturbation, or distribution of obscenity, on or in the subject premises.

5. A court of competent jurisdiction has found that the permittee, his or her employee, agent, partner, director, manager, or stockholder has knowingly engaged in or permitted or allowed, in or on the premises, the unlawful possession, use or sale of a controlled substance, as defined by the
California uniform controlled substances act, California Health and Safety Code section 11000 et seq., as amended from time to time.

6. More than thirty (30) days have elapsed since a tax, fee, fine, any form of regulatory assessment or judgment for monetary damages, irrespective of any other form of relief set out in the judgment, which is to be paid to the city has been imposed against a sexually oriented business, and said sum remains owing.

B. In the event that a permit for a sexually oriented business is revoked pursuant to any applicable law, the premises shall be closed and shall not be used as a sexually oriented business of any classification for a period of one year commencing on the date of revocation. Further, the operators of the sexually oriented business closed due to suspension or revocation of a permit shall be disqualified from operating any other City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. sexually oriented business established thereafter within the city during the entire period of any such suspension, or for one year if the license was revoked. (Ord. 1600 § 1, 5-1- 2001)
15-64: IMMUNITY FROM PROSECUTION:

The city and its designee, the chief of police's office and all other departments and agencies, and all other city officers, agents and employees charged with enforcement of state and local laws and codes shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon a sexually oriented business while acting within the scope of authority conferred by this article. (Ord. 1600 § 1, 5-1-2001) 15-65: SEVERABILITY:

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this article or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity of effectiveness of the remaining portions of this article or any part thereof. The city council hereby declares that it would have passed each section, subdivision, paragraph, sentence, clause, or phrase in this article or any part thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective. (Ord. 1600 § 1, 5-1-2001)
ARTICLE VI. CHARITABLE CAR WASH PERMIT PROCEDURE
SECTION:
15-70: Definitions
15-71: Permit Required For Charitable Car Wash
15-72: Application For Permit
15-73: Issuance And Form Of Permit
15-74: Term Of Permit
15-75: Nontransferability Of Permit
15-76: Manner Of Car Wash
15-77: Fundraising As A Business
15-78: Revocation Of Permit
15-79: Violations
15-80: Car Washing As A Business
15-70: DEFINITIONS:

For purposes of this article, the following definitions shall apply:

APPLICANT: A member of a charitable organization who applies for a car wash permit on behalf of the charitable organization.

City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

CHARITABLE: Benevolent, civil, religious, educational, fraternal, patriotic, political, philanthropic or other similar purposes.

CHARITABLE CAR WASH: A temporary vehicle washing operation conducted by members of a charitable organization for organization fundraising purposes. It shall not be deemed to include the operation of an authorized permanent vehicle washing business or service station authorized to wash vehicles on its premises, although a car wash, as defined above, may be conducted on such premises.

CHARITABLE ORGANIZATION: Means and includes an organization which is a duly organized governmental or not for profit charitable, religious, civic, patriotic or community service organization; and the organization must have a tax-exempt identification number assigned to it.

PERMIT HOLDER: The charitable organization who has been granted a permit pursuant to this article for the purpose of conducting a charitable car wash.

PERSON: Any individual, firm, partnership, corporation, company, association, society, organization, church, congregation, assembly or league, and includes any trustee, receiver, assignee, agent or other similar representative thereof.

RELIGIOUS OR RELIGION: Has the meaning established by the supreme court of the state or the supreme court of the United States.

RESIDENTIAL PROPERTY: A building designed for or occupied by one or more families as a residence including single-family residences, duplexes and apartments. (Ord. 1669 § 1, 6- 21-2005)
15-71: PERMIT REQUIRED FOR CHARITABLE CAR WASH:

A. It is unlawful for any person to engage, directly or indirectly, in a charitable car wash without first obtaining a valid charitable car wash permit pursuant to the provisions of this article.

B. The permit application shall include a written application to sponsor the charitable car wash by the owner or lessee of the property upon which the car wash is to be held.

C. The car wash permit issued under this article to a charitable organization must be prominently displayed at the location where the car wash is conducted and shall be removed at the completion of the car wash. (Ord. 1669 § 1, 6-21-2005) 15-72: APPLICATION FOR PERMIT:

A. Applications for charitable car wash permits shall be made to the finance department Department of Planning and Engineering upon forms prescribed by the city. The application shall be declared under penalty of perjury and filed with the Department of Planning and Engineering not less than five (5) consecutive business days prior to the time at which the applicant wishes to conduct said car wash.

B. A nonrefundable application fee an amount to be set by resolution shall be paid by the applicant. The application fee shall be based solely upon the administrative costs in processing the application and issuing the permits.

C. Such applications shall contain the following information and documentation:

City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

1. The full name, mailing address, principal business and telephone number of the charitable organization or institution, the names and addresses of the organization's or institution's principal officers and executives, and the address of the national, state and local headquarters, if any.

2. The name and address of the sponsor, with a statement by the sponsor that he/she is the owner or lessee of the property where the car wash is to be held or is an employee or agent of the owner or lessee who has been delegated control of the premises by the owner or lessee, and that the sponsor assumes all liability regarding the car wash.

3. The full name and address of the person or persons who will be in charge of conducting the car wash. The names and addresses of each individual who will actually be engaged in the car wash shall be on file at the agency/organization conducting the car wash and shall be made available to the city police department upon request at any time.

4. The time when such car wash will be held, including preferred date and hours of the day for commencement and termination of the car wash.

5. A statement to the effect that if a permit is granted, it will not be used or represented in any way as an endorsement of the charitable organization by the city or any department or officer thereof.

6. Proof evidencing that the permit holder is a bona fide charitable organization.

7. The number of car washes that have been held by the charitable organization in that particular calendar year, and the number of car washes that have been held at that particular location in that particular calendar year.

8. Such supplemental information requested finance department Department of Planning and Engineering as the finance department Department of Planning and Engineering may require. The Department of Planning and Engineering may require that such information be updated during the time the permit is in force if changes occur subsequent to filing of the application in the planned dates and locations for the charitable car wash.

D. If, while the application is pending or during the term of any permit granted, there is a change in fact, policy or method that would alter the information to be given on the application, the applicant shall notify the finance director Director of Planning and Engineering in writing thereof prior to five o'clock (5:00) P.M. the day before such change.

E. The application documents shall be available for public inspection. (Ord. 1669 § 1, 6- 21-2005; Ord. XXXX, [date].)
15-73: ISSUANCE AND FORM OF PERMIT:

A. The finance department Department of Planning and Engineering shall issue the permit, unless it finds that:

1. Any statement made in the application is factually incorrect, and the applicant fails to correct the application after being requested to do so.

2. The applicant has not provided the information required by this article and fails to provide the missing information after being requested to do so.

City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

3. The application indicates that the proposed car wash will violate any of the requirements of this article and the applicant fails to amend the application to indicate compliance with said section after being requested to do so.

4. The number of charitable car washes by the charitable organization applying for said permit exceeds four (4) in a calendar year, or the number of charitable car washes held at a particular location exceeds four (4) per calendar year. The location requirement shall not pertain to licensed commercial car washes.

5. The applicant has violated any of the provisions of this article within one year of the date the application is submitted, resulting in the imposition of a fine or the revocation of a prior permit.

B. Nothing set forth in this article shall be construed as granting to the finance department Department of Planning and Engineering or any other person the authority to grant, deny, suspend, revoke or renew any permit by reason of disapproval or agreement with the philosophy, opinion or belief of the applicant, permit holder or person soliciting therefor, or for any other reason not specifically provided for in this article.

C. The finance department Department of Planning and Engineering shall either issue or deny the requested permit within two (2) consecutive business days after the date the application is made. In the event of denial, the finance department shall give the applicant a written notice which states with specificity the reasons therefor. In the event the finance department Department of Planning and Engineering fails to act within the time prescribed, the permit shall be deemed issued.

D. The permit, if issued, shall include the following information:

1. The name and address of the permit holder;

2. The date for which the permit is valid;

3. A statement that the permit does not constitute an endorsement by the city, or any of its departments, officers or employees, of the purpose of the car wash;

4. A permit number; and

5. The signature of the finance director Director of Planning and Engineering or his/her designee. (Ord. 1669 § 1, 6-21-2005; Ord. XXXX, [date].) 15-74: TERM OF PERMIT:

Permits issued under this article shall be valid only for the date specified in the application for the car wash and as stated on the permit. (Ord. 1669 § 1, 6-21-2005) 15-75: NONTRANSFERABILITY OF PERMIT:

No permit issued under this article shall be transferred or assigned, and any attempt at assignment or transfer shall be void. (Ord. 1669 § 1, 6-21-2005) 15-76: MANNER OF CAR WASH:

A. Car washes held pursuant to permits under this article:

1. Shall take place between the hours of eight o'clock (8:00) A.M. and six o'clock (6:00) P.M.

City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

2. Shall be conducted for a one-day period only.

3. Shall not be conducted by any person under the age of sixteen (16) years, unless supervised by an adult.

4. Shall not be conducted at any house, apartment or other dwelling nor an area zoned for residential use only.

5. Shall be conducted in an area zoned for commercial uses; and such location shall have a means of collecting the wash water and shall discharge the water to the city sewer collection system.

6. Shall use biodegradable soaps or detergents, and shall not violate any of the provisions of chapter 25 of this code, concerning wastewater discharge requirements.

7. Shall have a means in place to limit wastewater or runoff such as pistol grip nozzle or similar apparatus affixed to each garden hose or water source.

8. Shall not allow any person to solicit cars or other contributions from a position in or on any public right of way, including, but not limited to, sidewalks, traffic islands, driveways or the like as to endanger that individual or others.

9. Shall not be conducted at any commercial property which has held four (4) prior car washes in the calendar year (excluding licensed commercial car wash locations).

10. Shall take place at a distance of more than twenty-five feet (25') from the street curb, or from the near edge of the travel lane or lanes of any uncurbed street or road.

11. Shall utilize temporary signs, if any signs are utilized, in compliance with the city's applicable regulations concerning temporary signs.

12. Shall not be conducted by a charitable organization which has held four (4) prior car washes in the calendar year. Four (4) applications per tax exempt identification number, and four (4) permits per tax exempt identification number, will be allowed in the calendar year.

B. It is unlawful for a "permit holder", as defined herein, to:

1. Refuse to provide their name and a copy of the permit issued under this article, if requested by city representatives.

2. Misrepresent their identity or the identity of the charitable organization conducting the charitable car wash for which he or she is an agent.

3. Misrepresent that the charitable car wash permit issued under this article is an endorsement by the city, or any department or employee thereof, of the charitable car wash. (Ord. 1669 § 1, 6-21-2005)
15-77: FUNDRAISING AS A BUSINESS:

An organization in the business of fundraising (seeking a profit and paying its solicitors), even if engaged by a nonprofit organization, must comply with this article. If such an organization is soliciting on behalf of a nonprofit organization, the nonprofit organization shall obtain a permit pursuant to this article. (Ord. 1669 § 1, 6-21-2005) 15-78: REVOCATION OF PERMIT:

City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

Any violation of this article by applicant or permit holder shall be cause for revocation of a permit issued pursuant to this article. Upon determination by an authorized representative of the city that a car wash is being conducted without a valid permit or in violation of the requirements of this article, said unlawful activity shall cease immediately, and all persons associated with said car wash shall be dispersed within one hour after the giving of said notice. Failure or refusal by the charitable organization and/or the owner/sponsor to cause a car wash in violation of these regulations to cease operations, after receiving such notification from the city official, shall constitute a separate violation of this article.

Furthermore, any organization that violates this article shall be ineligible for the issuance of a permit for a period of one year. (Ord. 1669 § 1, 6-21-2005) 15-79: VIOLATIONS:

Every person who, for himself or herself, or as the agent of another, commences, engages in or conducts a car wash as provided in this article without procuring the permit as required under this article or who fails to comply with the conditions of this article shall be guilty of an infraction punishable by:

A. A fine not exceeding one hundred dollars ($100.00) for a first violation; B. A fine not exceeding two hundred dollars ($200.00) for a second violation within one year; and
C. A fine not exceeding five hundred dollars ($500.00) for each additional violation within one year. (Ord. 1669 § 1, 6-21-2005)
15-80: CAR WASHING AS A BUSINESS:

This article is expressly limited to charitable car washes. Any person, corporation, business or other entity who wishes to hold impromptu or temporary car washes on a for profit basis must comply with all city, county and state licensing or permitting requirements and does not fall within this article. (Ord.1669 § 1, 6-21-2005) ARTICLE VII. CANNABIS DISPENSARIES
SECTION:
15-85: Definitions
15-86: Cannabis Dispensaries Permitted Uses And Zoning
15-87: Cannabis Dispensaries Requirements And Restrictions 15-88: Regulatory Permit Required
15-89: Employee Permit Required
15-90: Application Fees
15-91: Investigation
15-92: Term Of Permits And Renewals
15-93: Grounds For Denial Of Regulatory Permit
City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. 15-94: Grounds For Denial Of Employee Permit
15-95: Notice Of Decision And Final Action
15-96: Suspension And Revocation Of Regulatory Permit Or Employee Permit 15-97: Effect Of Denial Or Revocation
15-98: Abandonment
15-99: Other Licenses, Permits, Taxes Or Charges
15-100: Violation Deemed Misdemeanor And Other Remedies 15-101: Actions To Collect
15-102: Severability
15-103: Remedies Cumulative
15-104: Amendment Or Repeal
15-105: Penalties
15-85: DEFINITIONS:

The following definitions are applicable to the terms when used in chapter 15, 18, or 21 of this Code, concerning regulations pertaining to cannabis uses, activities and operations.

APPLICANT: Means a person who is required to file an application for a permit under this article.

BUSINESS OWNER: Means the owner(s) of the cannabis business. For publicly traded companies, owner means the chief executive officer or any person or entity with an aggregate ownership interest of five percent (5%) or more. For all other businesses, other than publicly traded companies, an owner is an individual that has an aggregate ownership of interest other than a lien or encumbrance, of twenty percent (20%) or more in the commercial cannabis business.

CANNABIS: Means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or hereafter be discovered or developed that has psychoactive or medicinal properties; whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purposes of this Code, "cannabis" does not mean "industrial hemp" as defined by section 11018.5 of the Health and Safety Code.

CANNABIS ACCESSORIES: Means any equipment, products, or materials of any kind which is intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body. "Cannabis accessories" also has the same meaning as in section 11018.2 of the Health and Safety Code.

CANNABIS BUSINESS OR CANNABIS INDUSTRY: Means any business activity in the City relating to cannabis, including but not limited to cultivation (including nurseries), transportation, distribution, manufacture, compounding, conversion, processing, preparation, testing, storage, packaging, delivery and sales (wholesale and/or retail sales) of cannabis or cannabis products, whether or not carried on for gain or profit. A cannabis business does not include any business whose only relationship to cannabis or cannabis products is the production or sale of cannabis accessories.

CANNABIS DISPENSARY OR DISPENSARY: Means a facility where cannabis or cannabis products, are offered, either individually or in combination, for retail sale, including an establishment that engages in delivery of cannabis or cannabis products as part of a retail sale. In addition, and without limiting the foregoing, "dispensary" includes "dispensary" as defined in California Business and Professions Code division 10 and any successor statute(s), as may be adopted or amended from time to time. For the purposes of obtaining a City permit and operating within the City, "cannabis dispensary" or "dispensary" is limited to storefront cannabis retailers.

CANNABIS PRODUCT: Means any product containing cannabis, including, but not limited to, flowers, buds, oils, tinctures, concentrates, extractions, edibles and those products described in section 11018.1 of the Health and Safety Code.

CITY: Means the City of Porterville, either the entity or its territorial limits, as the context requires.

CITY COUNCIL OR COUNCIL: Means the City Council of the City of Porterville.

COLLECTOR: Means the City's Finance Director Director of Planning and Engineering or his or her designee.

COMMERCIAL CANNABIS BUSINESS, COMMERCIAL CANNABIS ACTIVITY, OR CANNABIS BUSINESS OR CANNABIS OPERATION: Means any commercial marijuana activity allowed under State law and the implementing regulations, as State law and the implementing regulations may be amended from time to time, and all uses permitted under any subsequently enacted State law pertaining to the same or similar uses for recreational cannabis, including the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis product for medical, non- medical, or any other purpose and includes the activities of any business licensed by the State or other government entity under division 10 of the California Business and Professions Code, or any provision of State law regulating the licensing of cannabis businesses. It also includes cannabis dispensaries, cooperatives or collectives.

COMMERCIAL CANNABIS REGULATORY PERMIT OR REGULATORY PERMIT: Means the permit required under this article to have a cannabis business.

CONCENTRATED CANNABIS: Means manufactured cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin from granular trichomes from a cannabis plant is a concentrate.

City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

DELIVERY: Means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer, or independently licensed under this article that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of marijuana or marijuana products.

DELIVERY EMPLOYEE: Means an individual employed by a licensed dispensary who delivers cannabis goods from the licensed dispensary premises to a physical address.

DEVELOPMENT AGREEMENT: Means an agreement entered into between the City and the business owner and any other responsible parties as required by the City, in accordance with chapter 21, series 600, article 609 of this Code.

DISTRIBUTION: Means the procurement, sale, and transport of cannabis or cannabis products between licensees.

DISTRIBUTOR: Means a person engaged in procuring cannabis from a cultivator, and/or procuring cannabis products from a manufacturer, for sale to a licensed commercial cannabis business. In addition, and without limiting the foregoing, "distributor" includes "distributor" as defined in California Business and Professions Code division 10 and any successor statute, as may be adopted or amended from time to time.

EMPLOYEE: Means each and every person engaged in the operation or conduct of any cannabis business, whether as owner, member of the owner's family, partner, associate, agent, manager or solicitor, and each and every other person employed or working in such cannabis business for a wage, salary, commission, barter or any other form of compensation.

GROSS RECEIPTS: Means the amount a cannabis operation received from all sources during its accounting period, without subtracting any costs or expenses.

MAUCRSA: Means the Medicinal and Adult-Use Cannabis Regulation and Safety Act as codified in division 10 of the California Business and Professions Code, as the same may be amended from time to time.

MANUFACTURE: Means to compound, blend, extract, infuse or otherwise make or prepare a cannabis product.

MEDICAL CANNABIS DISPENSARY: Means a storefront cannabis dispensary with a valid M-type 10 retailer license in accordance with MAUCRSA.

OPERATOR: Means the business owner and any other person designated by the business owner as responsible for the day to day cannabis business operation.

PREMISES: Means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one licensee.

PROCESSING: Means any method used to prepare cannabis or its byproducts for personal use or commercial retail and/or wholesale, including but not limited to: drying, cleaning, curing, packaging, and extraction of active ingredients to create cannabis related products and concentrates.

RESPONSIBLE PARTY: Shall mean the business owner, operator, manager(s), and any employee having significant control over the cannabis businesses operations.

City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

STATE: Means the State of California.

STATE LAW: Means all regulations and laws pertaining to cannabis business in the State of California.

STATE LICENSE: Means a State license issued pursuant to California Business and Professions Code section 26000, et seq., or other applicable State law.

TRANSPORT OR TRANSPORTATION: Means the transfer of cannabis or cannabis products from the permitted business location of one licensee to the permitted business location of another licensee, for the purposes of conducting commercial cannabis activity authorized pursuant to this article. (Ord. 1853, 5-7-2019; Ord. XXXX, [date].) 15-86: CANNABIS DISPENSARIES PERMITTED USES AND ZONING:

Business owners meeting the requirements of this article shall be allowed to conduct storefront cannabis dispensary operations in the zone districts and locations as specified in chapter 21 of this Code, upon obtaining a regulatory permit from the City, obtaining a business license from the City, obtaining the applicable license from the State of California, and entering a Development Agreement with the City as specified further in this article. Nonstorefront cannabis retailers are not permitted within the City. (Ord. 1853, 5-7-2019) 15-87: CANNABIS DISPENSARIES REQUIREMENTS AND RESTRICTIONS:

A. Maximum Number of Permits. The number of regulatory permits for dispensaries is limited to no more than two permits plus an additional permit per every 25,000 residents.

Said permits may be issued for medical (Type M) or adult use (Type A) businesses as allowed by the State. However, the City Council may, but is not required to, reserve one of the allowed permits for exclusively a medical cannabis dispensary. No applications for regulatory permits shall be accepted or considered for approval by the City until authorized by the City Council, and shall only be accepted under the terms nd conditions specifically established by the City Council.

B. Regulatory Permit/Fees.

1. Regulatory Permit. No person or entity shall operate a Cannabis Dispensary within the City of Porterville without first obtaining a Cannabis Regulatory Permit from the City. The Regulatory Permit shall be site specific and shall specifically identify the commercial cannabis activity that will be allowed at that site. No commercial cannabis activity will be allowed unless specifically identified in the Regulatory Permit.

2. Request for Proposals Processes. The City may conduct initial request for proposals processes for regulatory permit applications (commercial or medical), once it determines when dispensary regulatory permits shall become available, and thereafter as such permits become available. Nothing in this Chapter or Code shall be construed to create an obligation for the City to conduct a request for proposals process for, or to create an obligation to grant a permit to, any cannabis dispensary.

The City Council may authorize the initiation of the Request for Proposals Process at any time for any one or more of the available permits, up to the maximum number permitted by this Article.

3. Medical Cannabis Dispensaries.

City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. a. If, after one full year from the City’s first issuance of a Request for Proposals solely for a Medical Cannabis Dispensary, no responses are received within the prescribed time period for such responses, the City Council may opt to allow the permit reserved for a medical dispensary to be utilized for an adult-use dispensary, as otherwise permitted by this Chapter.
b. Any Medical Cannabis Dispensary established pursuant to this Chapter must be in operation for a full year before it will be eligible to apply for any transition to an adult-use dispensary (Type A), and any medical cannabis dispensary applying for a transition shall be subject to all the requirements of this Chapter, including applying for a new regulatory permit and entering into a new development agreement.

4. Permit Availability at the Discretion of the City Council. The City shall maintain complete discretion over whether any permit approvals are made, how many permit approvals are made, when permits shall be issued, where the uses may be located (subject to Chapter 21), the terms and conditions under which any or all of the permits are issued, and the manner of permit approvals.

5. Fees. All related fees and charges associated with conducting a request for proposals process, regulatory fee application process, and the granting, administering, and enforcing of the regulatory permits, and any other City costs related to the operations of a dispensary shall be established by Resolution(s) of the City Council, which may be amended from time to time.

C. Development Agreement. No approval required by this Article shall be given for any permit for a dispensary unless the City Council prior to or concurrently with approves a Development Agreement, setting forth the terms and conditions under which the commercial cannabis activity will operate in addition to the requirements of this Article, all other local ordinances and regulations, state law and such other terms and conditions that will protect and promote the public health, safety and welfare. No use or operation under any permit for a dispensary shall be allowed to begin until the development agreement is effective.

D. State Law and Other State Laws. The cannabis dispensary shall at all times be in compliance with State Law and the implementing regulations, as they may be amended from time to time, as well as all required State license(s) under State Law, and any other applicable State law. The Operator shall obtain required licenses under State Law prior to opening for business, or if the State is not ready to issue licenses under State Law prior to the time of opening, within twelve (12) months of the State being ready to issue the required license(s). Provided, however, that the Operator shall at all times be in compliance with all other requirements of State Law and implementing regulations, and any other applicable State law, regardless of the timing of the issuance of a license under State Law. The Operator shall meet or exceed the health and safety requirements of State Law in any operations relating to recreational cannabis.

E. Register of Employees. The Operator shall maintain a current register of the names of persons required to have Employee Permits. The register shall be available to the Police Chief at all times immediately upon request. All agents, officers, or other persons acting for or employed by a licensee shall display a laminated identification badge issued by the licensee. The identification badge shall, at a minimum, include the licensee’s City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. “doing business as” name and license number, the employee’s first and last name, and a color photograph of the employee that shows the full front of the employee’s face and that is at least 2 inches by 2 inches in size.

F. Labeling. All cannabis products offered to customers at a retail location must provide testing and labeling at a minimum as required by State law and in compliance with any additional City regulations and as they may be amended.

G. Signage. All signage shall be subject to approval by the City of Porterville and consistent with the City’s Signage Ordinances, and any other policies or guidelines adopted by the City.

H. Alcoholic Beverages. Alcohol for personal consumption shall not be provided, stored, kept, located, sold, dispensed, or used on the Premises.

I. Transportation. Transportation shall only be conducted according to activity permitted by State law.

J. Distribution. There shall be no distributions to the Premises of cannabis or cannabis containing products except from properly licensed and permitted cannabis businesses.

City-licensed and permitted cannabis retailers shall not distribute cannabis as a licensed distributor within the City.

K. Minors. It shall be unlawful for any Operator to employ any person who is not at least twenty-one (21) years of age, or any older age if set by the State.

L. Hours of Operation. Cannabis Dispensaries shall be allowed to operate per the requirements of the underlying zone district and subject to the City’s noise and nuisance ordinances but in no case shall exceed the minimum State standards.

Additionally, the City Council may set allowed hours of operation by Resolution that are more restrictive, if it finds that the limitations are appropriate to protect the public health, safety, peace or welfare.

M. Compliance with Building and Related Codes. The Premises in which the Cannabis Dispensary operations occur shall comply with all applicable local, State and federal laws, rules, and regulations including, but not limited to, building codes and the Americans with Disabilities Act, as certified by the Building Official of the City. The Operator shall obtain all required building permits and comply with all applicable City standards.

N. Secure Building. All Cannabis Dispensary operations shall occur entirely inside of a building (excluding any expressly authorized drive-through facility) that shall be secure, locked, and fully enclosed, with a ceiling, roof or top. The building shall include a burglar alarm monitored by an alarm company or private security company. The building, including all walls, doors, and the roof, shall be of solid construction meeting the minimum building code requirements for commercial structures and include material strong enough to prevent entry except through an open door. Any authorized drive-through facilities shall be designed and operated with appropriate security features and measures as approved by the City.

O. Premises Security. The following security conditions shall apply:

1. Alarm System (both perimeter, fire and panic). A licensee shall maintain an alarm system as defined in Business and Professions Code section 7590.1(n). A licensee City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. shall ensure a licensed alarm company operator or one or more of its registered alarm agents installs, maintains, monitors, and responds to the alarm system.

2. Remote monitoring of alarm systems.

3. Exterior lighting systems for after-hours security.

4. Exterior and interior camera systems approved by the Police Chief. The camera systems shall meet the minimum requirements of State Law, include interior monitoring of all access points of the site from the interior, and be of a minimum 5 mega pixels in resolution. Cameras shall record continuously 24 hours per day and at a minimum of 20 frames per second. Areas monitored are defined by State law.

5. All security systems at the site are attached to an uninterruptable power supply that provide continuous power.

6. The Porterville Police Department or Department designee shall have access to all security systems.

7. Subject to the provisions below regarding the use and handling of Confidential Information, IP access for remote monitoring of security cameras by the Porterville Police Department or Department designee.

8. Subject to the provisions below regarding the use and handling of Confidential Information, any and all video or audio tape recordings made for security or other purposes shall be marked with the date and time made and shall be kept, in an unaltered state, for a period of thirty (30) days and must be made available to the Porterville Police Department or Department designee for duplication upon demand.

In addition, upon request by the Porterville Police Department the Responsible Party shall duplicate the records for the Porterville Police Department or Department designee.

9. [Reserved].

10. Accounting software systems need to be in place to provide audit trails of both product and cash, where applicable.

11. Electronic track and trace systems for cannabis products shall be utilized as approved by the City and as required by State law.

12. Premises may be inspected and records of the Business Owner audited by the City for compliance on a quarterly basis or at any reasonable time at the City’s discretion.

13. State of the art network security protocols and equipment need to be in place to protect computer information.

14. The foregoing requirements shall be approved by the Police Chief prior to commencing operations. The Police Chief may supplement these security requirements once operations begin, subject to review by the City Council if requested by the Business Owner.

15. The City, Police Chief, Police Department employees, and any other law enforcement official acting under the direction of the Police Chief who access the Premises and video and/or audio feeds r recordings of the Premises (“Recipients”) may receive or be provided with confidential information relating to the Cannabis City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. dispensary, which may include the following: data, records, plans, and matters relating to customers, vendors, tenants, agreements, and business records (collectively “Confidential Information”).To the extent Confidential Information is acquired without a warrant for access to the Premises and video and/or audio feeds or recordings as authorized under this section, the Recipients shall, to the maximum extent possible, keep such Confidential Information confidential and not disclose the Confidential Information to any third parties. Provided, however, that the Recipients may disclose Confidential Information to the State or Federal courts in California in connection with any criminal law enforcement action against the Business Owner or Operator, (including its employees, contractors and agents conducting business within the Premises) arising from or related to the Cannabis dispensary, but only to the extent it is necessary and relevant to such criminal prosecution, and the Recipients shall file any such documents under seal to the extent they contain any Confidential Information. Notwithstanding the foregoing, the City may disclose Confidential Information:
a. As may be required by the California Public Records Act or pursuant to a civil subpoena, provided however, the City shall notify the Operator and provide the Operator with a reasonable opportunity to obtain a protective order before disclosing the Confidential Information.
b. In connection with any City enforcement proceeding relating to compliance with City’s Municipal Code and this section, but only to the extent the Confidential Information is relevant to the
proceeding.

P. Delivery.

1. Unless otherwise (and only to the extent) required to be permitted by State law, deliveries to customers from dispensaries located outside the City are prohibited.

2. All deliveries of cannabis goods must be performed by a delivery employee of a licensed dispensary. Each delivery employee of a licensed dispensary shall be at least 21 years of age.

3. A licensed dispensary shall not use the services of an independent contractor or courier service to deliver cannabis goods.

4. All deliveries of cannabis goods shall be made in person. A delivery of cannabis goods shall not be made through the use of an unmanned vehicle.

5. A delivery employee begins the process of delivering when the delivery employee leaves the dispensary premises with the cannabis goods for delivery. The process of delivering ends when the delivery employee returns to the licensed dispensary premises after delivering the cannabis goods to the cannabis patients or primary caregivers.

6. A delivery employee of a licensed dispensary shall, during deliveries, carry a copy of the dispensary’s current license, the employee’s government-issued identification, and an employer provided badge containing a picture and the name of the delivery employee.

City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

7. A licensed dispensary shall maintain an accurate list of the dispensary’s delivery employees.

Q. Deliveries of Supplies and Transportation of Product. The following rules apply to the deliveries and transportation:

1. Deliveries to the Premises of supplies shall only occur as provided for in the diagram and floor plan on file with the City as part of the application process. Delivery vehicles shall not have any markings indicating that deliveries are being made to a Cannabis Dispensary.

2. The transportation of cannabis samples and product to and from the Premises shall be in unmarked vehicles with no indication that the vehicles are transporting cannabis samples and products. The Responsible Party shall stagger transportation times, vary routes from the facility, and take other security measures as requested by the Police Chief.

R. Premises Maintenance. The Business Owner, Operator, and all Responsible Parties shall continually maintain the Premises and its infrastructure so that it is visually attractive and not dangerous to the health, safety and general welfare of employees, patrons, surrounding properties, and the general public, and in accordance with the conditions and site plan approved with the Development Agreement. The Premises of the Cannabis Dispensary shall not be maintained in a manner that causes a public or private nuisance.

S. In addition to any regulations, policies, or procedures authorized to be adopted by the City in accordance with this Article or this Code, the City Manager, or his or her designee, is authorized to establish any addition rules, regulations, policies and standards governing the application review and approval process, the issuance, denial or renewal of cannabis dispensary regulatory permits, the ongoing operation of commercial cannabis dispensary businesses and the City’s oversight of same; and/or concerning any other subject determined to be necessary to carry out the intent and purposes of this Article. Additional rules, regulations, policies and standards shall be published to the City’s website and maintained and available to the public if the Office of the City Clerk.

T. Indemnification and Limitations on City’s Liability.

1. To the fullest extent permitted by local, state, and/or federal law, the City shall not assume any liability whatsoever with respect to having issued a regulatory permit or executed a development agreement pursuant to this Article, or otherwise approving the operation of any commercial cannabis business.

2. As a condition to the approval of any regulatory permit and approval of a development agreement, the applicant shall be required to execute an agreement, in a form approved by the City Attorney, agreeing to indemnify, defend at the applicant’s sole cost and expense, and hold harmless the City, and its officers, officials, employees, representatives, and agents from any against all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to the City’s drafting, adoption and passage of regulations, related resolutions, policies, rules and guidelines, allowing cannabis dispensaries or in the future making any regulatory amendments; the City’s issuance of the regulatory permit; the City’s approval and execution of a development agreement; the City’s decision to approve the operation of the dispensary; the process used by the City in making the decision City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. to issue, approve or deny a permit or a development agreement; and/or the alleged violation of any federal, state or local laws by the dispensary or any of its officers, employees or agents.

3. The dispensary shall maintain insurance at coverage limits and with conditions thereon determined necessary and appropriate from time to time by the City.

4. The dispensary shall reimburse the City for all costs and expenses, including but not limited to attorney fees and court costs, which the City may be required to pay as a result of any legal challenge related to the City’s approval of the applicant’s regulatory permit, or related to the City’s approval of the applicant’s commercial cannabis activity, or the City’s approval of a development agreement. The City may, at its sole discretion, participate at its own expense in the defense of such action, but such participation shall not relieve any of the obligations imposed hereunder.

5. The terms and provisions as enumerated in this section related to indemnification and limitation on the City’s liability shall be an explicit term of a regulatory permit and a development agreement that an applicant and permittee shall agree to in order for same to be valid. (Ord. 1853, 5-7-2019; amd. Ord. 1879, 2-16-2021; Ord. 1910, 6-3- 2025)
15-88: REGULATORY PERMIT REQUIRED:

A. Application For Permit: At the time authorized by the City, applications for regulatory permits shall be filed by the proposed business owner(s) with the City and include the information set forth herein. The City may request such additional information as they deem necessary to determine who the applicant is, and may adopt additional requirements as authorized in subsection 15-87B of this article.

The applicant shall certify under penalty of perjury that all the information contained in the application is true and correct. The application shall contain the following items for the business owner, operator and all responsible parties known at the time (if different than the business owner), and any other party designated below, to the extent the same shall apply:

1. The full name, present address, and telephone number, including such information to the premises owner.

2. Date of birth.

3. Tax identification number.

4. The address to which notices relating to the application are to be mailed.

5. Previous addresses for the five (5) years immediately preceding the present.

6. The height, weight, color of eyes and hair.

7. Photographs for identification purposes (photographs shall be taken by the Police Department).

8. All business, occupation, or employment for the five (5) years immediately preceding the date of submittal of the application form.

9. The cannabis operation business history, including whether the business owner and responsible parties while previously operating in this or another city, county or City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. state has had a cannabis related license revoked or suspended, the reason therefore, and the business or activity or occupation subsequent to such action of suspension or revocation.

10. Complete property ownership and lease details, where applicable. If the business owner is not the premises owner, the application form must be accompanied with a notarized acknowledgment from the premises owner that cannabis sales will occur on its property.

11. A descriptive business plan for the cannabis operation, including a detailed list of all cannabis business activities proposed to occur on the premises.

12. A diagram and floor plan of the entire premises, denoting all the use of areas proposed for cannabis production, including, but not necessarily limited to, cultivation, processing, manufacturing, testing, transportation, deliveries, and storage. For cannabis dispensaries, the floor plan should show the layout and design of the building. The diagram and floor plan need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches (±6").

13. The name or names of the operator. The operator shall designate one or more responsible parties, one of which shall at all times be available as a point of contact for the City, twenty-four (24) hours per day. The contact information and schedule of the operator and responsible parties shall be provided to the Police Chief and updated within twenty-four (24) hours of any changes.

14. The proposed security arrangements for insuring ensuring the safety of persons and to protect the premises from theft.

15. An accurate straight-line drawing prepared within thirty (30) days prior to the application depicting the building and the portion thereof to be occupied by the cannabis operation and the property line of any school or any other sensitive use as set forth in the operational requirements.

16. Authorization for the City, its agents and employees to seek verification of the information submitted.

B. Other Permits Or Licenses: The fact that an applicant possesses other types of State or City permits or licenses does not exempt the applicant from the requirement of obtaining a regulatory permit. (Ord. 1853, 5-7-2019; Ord. XXXX, [date].) 15-89: EMPLOYEE PERMIT REQUIRED:

A. Every employee or independent contractor (to the extent the independent contractor is otherwise allowed by this article) working at a cannabis operation or involved in transportation/delivery related services for a cannabis business shall obtain an employee permit. It shall be the duty of the operator to ensure that employee permits are obtained from the Police Department prior to the employee or independent contractor commencing work. Persons who are listed as a business owner on a regulatory permit shall not be required to obtain an employee permit if such person also serves as an employee or contractor. All responsible parties, except the business owner, shall be required to obtain an employee permit.

City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

B. Each employee and independent contractor shall be required to provide the following information under penalty of perjury, so that the Police Department can perform a background check:

1. Name, current resident address, and telephone number.

2. Date of birth.

3. Tax identification number.

4. Height, weight, color of eyes, and hair.

5. Photographs for identification purposes (photographs shall be taken by the Police Department)

6. Be fingerprinted by the Police Department.

7. Such other identification and information as deemed necessary by the Police Chief and pertinent to the employee permit.

8. Authorization for the City, its agents and employees to seek verification of the information contained within the application.

9. The name of the business owner holding the regulatory permit and the operator for which such person is proposed to work. (Ord. 1853, 5-7-2019; Ord. 1910, 6-3-2025) 15-90: APPLICATION FEES:

Every new application for a regulatory permit, employee permit, or renewal shall be accompanied by a nonrefundable fee, as established by resolution of City Council. This fee shall be in addition to any other business license, tax, or permit fee imposed by this Code or other governmental agencies. The fee shall include an amount to cover the costs of fingerprinting, photographing, background checks as well as general ongoing monitoring for compliance and processing of the application. (Ord. 1853, 5-7-2019) 15-91: INVESTIGATION:

A. Upon the filing of a properly completed application and the payment of the fee, the Police Chief is authorized to conduct an investigation of the application, including a background check of the applicant and all employees and independent contractors. All applicants for a regulatory permit and employee permit shall be required to submit to a fingerprint-based criminal history records check conducted by the Porterville Police Department.

B. For employee permits, after the background checks and investigation are complete, and in no case later than thirty (30) days after receipt of a properly completed application, the Police Chief shall either approve or deny an employee permit. At the discretion of the Police Chief, employee permits may be conditionally approved pending the background investigation. (Ord. 1853, 5-7-2019)
15-92: TERM OF PERMITS AND RENEWALS:

Regulatory permits issued under this chapter shall expire on December 31st each year.

Applications for renewal shall be made at least forty-five (45) days prior to the expiration date of the permit and shall be accompanied by the nonrefundable fee referenced in this City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. article. When made less than forty-five (45) days before the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be acted on similar to applications for permits except that the Police Chief shall renew annual permits for additional one-year periods if the circumstances and information provided with the initial application have not materially changed. Regulatory fees may be pro-rated based on the term of the regulatory permit. (Ord. 1853, 5-7-2019)
15-93: GROUNDS FOR DENIAL OF REGULATORY PERMIT:

Nothing in this article shall be construed to require the City to grant a regulatory permit.

Notwithstanding this, applications for a regulatory permit are required to be denied for one or more of the following:

A. The business or conduct of the business at a particular location is prohibited by any local or State law, statute, rule or regulation.

B. The business owner or operator has been issued a local or State permit related to cannabis operations at any other location in California, or another state, and that permit was suspended or revoked, or the business owner or operator has had disciplinary action relating to the permit.

C. The business owner or operator has knowingly made a false statement of material fact or has knowingly omitted to state a material fact in the application.

D. Consistent with State law or other applicable State law, the business owner or operator, or any responsible person, has been:

1. Convicted of a serious or violent offense as listed under California Penal Code sections 667.5 and 1192.7(c); or

2. Convicted of any of the offenses listed in Business and Professions Code section 19323; or

3. Convicted of a misdemeanor involving moral turpitude as defined under State law (generally crimes relating to theft and dishonesty) within the five (5) years preceding the date of the application; or

4. Convicted of a felony involving the illegal use, possession, transportation, distribution or similar activities related to controlled substances, as defined in the Federal Controlled Substances Act, unless the individual has received a Certificate of Rehabilitation as defined in the Act; or

5. Has engaged in misconduct related to the qualifications, functions or duties of a permittee, such as lying on an application, falsifying legal documents, or anything that would otherwise ban the permittee from obtaining a State license under State law; or

6. Consistent with State law or other applicable State law, the business owner or operator has engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices; or

7. The business owner or operator is under twenty-one (21) years of age, or any older other age set by the State; or
City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

8. The cannabis operation does not comply with the Zoning Ordinance standards of the City, the development standards set forth in this Code, or the terms of the Development Agreement; or

9. The required annual business license fee, annual regulatory fee or fees specified in this Code or the Development Agreement have not been paid. (Ord. 1853, 5-7- 2019)
15-94: GROUNDS FOR DENIAL OF EMPLOYEE PERMIT:

The grounds for denial of an employee permit shall be one or more of the following:

A. The applicant has been issued a local or State permit related to cannabis production at any other location in California, or another state, and that permit was suspended or revoked, or the applicant has had disciplinary action relating to the permit.

B. Consistent with State law or other applicable State law, the applicant has been:

1. Convicted of a serious or violent offense as listed under California Penal Code sections 667.5 and 1192.7(c); or

2. Convicted of any of the offenses listed in Business and Professions Code section 19323; or

5. Consistent with State law or other applicable State law, the applicant has engaged in unlawful, fraudulent, unfair, or deceptive business acts or practices; or

6. The applicant has committed any act, which, if done by a permittee, would be grounds for suspension or revocation of a permit; or

7. An applicant is under twenty-one (21) years of age, or any older age set by the State. (Ord. 1853, 5-7-2019)
15-95: NOTICE OF DECISION AND FINAL ACTION:

A. Regulatory Permit: Action on a properly authorized and submitted application for a regulatory permit shall be as follows:

1. The Police Chief shall cause a written notice of his or her recommendation on the issuance or denial of a regulatory permit, and the date and time when the City Council will consider action on the regulatory permit, to be personally delivered or mailed to the applicant by certified U.S. mail, postage prepaid.

2. Following a public hearing before the City Council, the Council may grant the regulatory permit subject to the other requirements of this article and subject to such conditions as it deems reasonable under the circumstances to protect the public City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. health, safety, and welfare of the community, or it may deny the issuance of the regulatory permit for any of the grounds specified in this section. The decision of the Council shall be final, subject to judicial review below.

B. Employee Permit: Action on the employee permit shall be as follows: The Police Chief shall cause a written notice of his or her determination on the issuance or denial of an employee permit to be personally delivered or mailed to the applicant by certified U.S. mail, postage prepaid. The Police Chief's decision on an employee permit shall be final, subject to judicial review. (Ord. 1853, 5-7-2019)
15-96: SUSPENSION AND REVOCATION OF REGULATORY PERMIT OR EMPLOYEE PERMIT:

A. Regulatory Permit: The City Council may suspend or revoke the regulatory permit of a commercial cannabis operation when any of the following occur:

1. The cannabis operation is conducted in violation of any provision of this article, the terms of the Development Agreement, State law, or any other applicable State law.

2. The cannabis operation is conducted in such a manner as to create a public or private nuisance.

3. A failure to pay the regulatory fee required by this article or other required fees pursuant to this Code or the Development Agreement.

4. A failure to take reasonable measures to control patron conduct, where applicable, resulting in disturbances, vandalism, or crowd control problems occurring inside of or outside the premises, traffic control problems, or obstruction of the operation of another business.

5. A failure to comply with the terms and conditions of the regulatory permit issued in connection therewith or the terms of the Development Agreement.

6. Any act which would be considered grounds for denial of the regulatory permit in the first instance.

B. Employee Permit: The Police Chief may suspend or revoke an employee permit when the permittee or the employee has committed any one or more of the following acts:

1. Any act which would be considered a ground for denial of the permit in the first instance.

2. Violates any provision of this article, State law, or any other applicable law relating to the cannabis operation.

3. Violates or fails to comply with the terms and conditions of the employee permit.

C. Procedures For Revoking Regulatory Permits: For regulatory permits, the procedures for revoking conditional use permits shall be utilized except that the matter shall be heard by the City Council in the first instance, and shall be subject to the same judicial process as applied to a conditional use permit.

D. Procedures For Revoking Employee Permits: Prior to suspension or revocation of an employee permit, the Police Chief shall conduct a hearing. Written notice of the time and place of such hearing shall be served upon the permittee at least five (5) calendar days prior to the date set for such hearing.

City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

The notice shall contain a brief statement of the grounds to be relied upon for revoking or suspending the permit. Notice may be given either by personal delivery or by certified U.S. mail, postage prepaid. Any permittee aggrieved by the decision of the Police Chief in suspending or revoking an employee permit shall have no appeal rights and the Police Chief's decision shall be final, subject to judicial review as set forth in this section.

E. Immediate Suspension: The Police Chief may immediately suspend or revoke a regulatory permit and an employee permit without notice or a hearing, subject to the appeal rights set forth herein, under either of the following circumstances:

1. The business owner or operator is convicted of a public offense in any court for the violation of any law which relates to the cannabis operation, or in the case of an employee permit, the employee is convicted of a public offense in any court for the violation of any law which relates to the permit.

2. The Police Chief determines that immediate suspension is necessary to protect the public health, safety, and welfare of the community. The Police Chief shall articulate the grounds for the immediate suspension in writing and the suspension shall only be for as long as necessary to address the circumstances which led to the immediate suspension. (Ord. 1853, 5-7-2019)
15-97: EFFECT OF DENIAL OR REVOCATION:

When the City Council shall have denied a regulatory permit or revoked a regulatory permit, or the Police Chief shall have denied or revoked an employee permit, no new application for a regulatory permit and no new application for an employee permit shall be accepted and no regulatory permit or employee permit shall be issued to such person or to any corporation in which he or she shall have any beneficial interest for a period of one year after denying or revoking the regulatory permit or employee permit. (Ord. 1853, 5-7-2019) 15-98: ABANDONMENT:

In addition to the suspension or revocation of a regulatory permit, a regulatory permit shall be deemed abandoned if the cannabis operation ceases for a period of more than ninety (90) consecutive days. Before restarting operations, a new regulatory permit shall be secured. The ninety (90) day period shall be tolled during periods of force majeure, which shall be defined as follows: war; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires; casualties; supernatural causes; acts of the "public enemy"; epidemics; quarantine restrictions; freight embargoes; lack of transportation; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; or any other causes beyond the reasonable control of the permittee. (Ord. 1853, 5- 7-2019)
15-99: OTHER LICENSES, PERMITS, TAXES OR CHARGES:

Except as expressly provided in this article, nothing contained in this article shall be deemed to repeal, amend, be in lieu of, replace or in any way affect any requirements for any permit or license required by, under or by virtue of any provision of any other title or chapter of this Code or any other ordinance or resolution of the City, nor be deemed to repeal, amend, be in lieu of, replace or in any way affect any tax, fee or other charge imposed, assessed or City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. required by, under or by virtue of any other title or chapter of this Code or any other ordinance or resolution of the City. Any references made or contained in any other title or chapter of this Code to any permits, licenses, taxes, fees, or charges, or to any schedule of license fees, shall be deemed to refer to the permits, licenses, taxes, fees or charges, or schedule of license fees, provided for in other titles or chapters of this Code unless otherwise expressly provided. (Ord. 1853, 5-7-2019)
15-100: VIOLATION DEEMED MISDEMEANOR AND OTHER REMEDIES:

Any person who violates any provision of this article or who other than by a sworn statement, knowingly or intentionally misrepresents to any officer or employee of the City any material fact herein required to be provided is guilty of a misdemeanor punishable as provided in section 1-9 of this Code. A person who on a sworn statement states as true a material fact that he or she knows to be false is guilty of perjury. Additionally, the City may avail itself of any remedies or enforcement provisions provided for in this Code. (Ord. 1853, 5-7-2019) 15-101: ACTIONS TO COLLECT:

The amount of any tax, fee, penalty and/or interest imposed pursuant to this chapter shall be deemed a debt owed to the City. An action may be commenced in the name of the City in any court of competent jurisdiction, for the amount of any delinquent tax, fees, penalties and interest thereon. (Ord. 1853, 5-7-2019)
15-102: SEVERABILITY:

If any provision of this chapter, or its application to any person or circumstance, is determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this chapter or the application of this chapter to any other person or circumstance and, to that end, the provisions hereof are severable. (Ord. 1853, 5-7-2019)
15-103: REMEDIES CUMULATIVE:

All remedies prescribed under this chapter 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 provisions hereof. (Ord. 1853, 5-7-2019)
15-104: AMENDMENT OR REPEAL:

This article may be repealed or amended by ordinance of the Porterville City Council. (Ord. 1853, 5-7-2019)
15-105: PENALTIES:

Any entity that fails to pay the taxes and/or fees required by this Code or the Development Agreement within fifteen (15) days after the due date shall pay in addition to those taxes and/or fees a penalty for nonpayment in the sum equal to twenty five percent (25%) of the total amount due. Additional penalties will be assessed in the following manner: ten percent (10%) shall be added on the first day of each calendar month following the month of the City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. imposition of the twenty five percent (25%) penalty if the fee remains unpaid - up to a maximum of one hundred percent (100%) of the fee payable on the due date. Receipt of the fee payment by the City shall govern the determination of whether the fee is delinquent.

Postmarks will not be accepted as adequate proof of a timely payment. (Ord. 1853, 5-7- 2019)
ARTICLE VIII. ROTATIONAL TOW SERVICES
SECTION:
15-110: Purpose
15-111: Definitions
15-112: Rules And Specifications
15-113: Number Of Towing Operators Determined
15-114: Application For Rotation Tow List
15-115: Referral To The Patrol Division Commander
15-116: Towing Rotation List
15-117: Appeal
15-118: Annual Renewal Application
15-119: Removal From The Rotation List
15-120: Execution Of Agreements
15-121: Exceptions
15-122: Authority For City To Maintain Its Own Towing Operations And Towing Storage Yard
15-123: Violation; Penalty
15-110: PURPOSE:

The city council hereby finds that it is in the public interest to establish a rotation list for towing services to provide the police department with an expedient means of moving damaged and disabled vehicles, illegally parked vehicles, vehicles that must be moved for safekeeping and evidentiary purposes, and abandoned, wrecked, dismantled or inoperative vehicles constituting a nuisance. (Ord. 1743, 7-1-2008) 15-111: DEFINITIONS:

CHIEF: The chief of police of the city. For purposes of this article, "chief" also includes any appropriate designee of the chief of police.

DEPARTMENT: The city police department.

ELIGIBILITY LIST: The city's list of towing operators who have filed an application to participate in the rotation list and who the chief has determined to be qualified to participate in the rotation list.

City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

PATROL DIVISION COMMANDER: The person commanding the patrol division of the department.

ROTATION LIST: The city's list of towing operators who have been selected from the eligibility list to be used by the department for the purpose of providing tow truck services in accordance with the provisions of this article.

RULES AND SPECIFICATIONS: The city's rules and specifications for towing services, drivers and vehicle storage facilities, which shall be promulgated by the patrol division commander pursuant to section 15-112 of this article.

TOW OR TOWING: The act of moving damaged or disabled vehicles, illegally parked vehicles, vehicles that must be moved for safekeeping and evidentiary purposes, and abandoned, wrecked, dismantled or inoperative vehicles constituting a nuisance.

TOW TRUCK: A motor vehicle that has been altered or designed and equipped for and exclusively used in the business of towing vehicles by means of a crane, towbar, towline, dolly or rollback carrier or is otherwise used to render emergency assistance to disabled and other vehicles.

TOWING OPERATOR: Any person, firm or corporation with a valid business license from the city and engaged in the business of towing and storing vehicles in the city. (Ord. 1743, 7-1-2008)
15-112: RULES AND SPECIFICATIONS:

A. The patrol division commander shall promulgate written rules and specifications governing the provision of towing services, the qualifications and conduct of drivers, and the requirements for vehicle storage facilities. The rules and specifications may be modified from time to time as deemed appropriate by the chief. All towing services provided pursuant to the rotation list shall be subject to the requirements set forth in the rules and specifications.

B. The rules and specifications shall include, but not be limited to, provisions requiring that all towing operators participating in the rotation list do the following:

1. Obtain a city business license;

2. Enter into a tow service agreement (TSA) with the city;

3. Pass a background check as determined by the patrol division commander; and

4. Abide by the provisions of this article and the rules and specifications promulgated by the patrol division commander and the tow service agreement. (Ord. 1743, 7-1- 2008)
15-113: NUMBER OF TOWING OPERATORS DETERMINED:

A. The patrol division commander shall determine the number of towing operators needed to provide towing services to the police department. On or before July 1 of each calendar year, the patrol division commander shall make a determination as to the appropriate number of towing operators to be placed on the rotation list for the following year. The patrol division commander's determination shall be based upon the number of towing service providers that may be required for the public convenience and necessity City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. and for the efficient operation of the department. In determining the required number of towing operators, the patrol division commander shall consider the following factors:

1. The operational needs of the police department;

2. The population growth in the city;

3. The additional land area annexed into the city;

4. The number of currently authorized towing operators and their average response times;

5. The administrative burdens imposed by the number of towing operators to be included on the rotation list; and

6. Other relevant, objective factors to be determined by the patrol division commander.

B. The patrol division commander's determination shall be made in writing and shall include the number of towing operators to be included on the rotation list. (Ord. 1743, 7- 1-2008)
15-114: APPLICATION FOR ROTATION TOW LIST:

A. Any person requesting to be on the PPD rotation tow listing shall submit a letter of interest to the patrol division commander between July 1 and July 15 of each calendar year. This letter of interest shall be accompanied by:

1. A signed Porterville police department tow service agreement;

2. A completed rotation tow listing application (CHP 234A); a. Under CHP area on the form, mark N/A;

3. A completed tow operator/driver information form (CHP 234F) for each person who will be driving for the business; and

4. All documentation required by the Porterville police department tow service agreement, including documentation of a satisfactory level one inspection and local tow truck inspection. (Ord. 1743, 7-1-2008)
15-115: REFERRAL TO THE PATROL DIVISION COMMANDER:

A. During July of each calendar year, an open enrollment meeting shall be conducted to discuss any changes in the new TSA as well as any issues concerning the rotation tow program. Upon receiving an application, the patrol division commander shall cause an investigation to be conducted to determine the applicant's qualifications to comply with the provisions of this article. Within thirty (30) days after the filing of the application, the patrol division commander shall determine whether the towing operator is eligible for the rotation list. The patrol division commander shall determine eligibility pursuant to guidelines set forth in the rules and specifications. If the patrol division commander determines that a towing operator is qualified, the towing operator's name shall be placed on the eligibility list. Qualified towing operators shall be placed on the eligibility list in the order in which their complete applications were received. If the patrol division commander determines that a towing operator is not qualified, the towing operator shall receive a written statement of the reasons for the patrol division commander's decision.

City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

1. In response to the department's duty to protect the public, and upon completion of a background check, the patrol division commander may disqualify an operator or driver for various reasons. These reasons include, but are not limited to:
a. Prior felony conviction.
b. Pattern of thefts.
c. Crimes of moral turpitude. (Ord. 1743, 7-1-2008)
15-116: TOWING ROTATION LIST:

A. Towing operators selected to provide towing services to the city and to participate in the rotation list shall abide by the rules and specifications set forth in this article and the tow service agreement.

B. Based on the number of towing operators needed, as determined by the patrol division commander pursuant to section 15-113 of this article, the patrol division commander shall select from the eligibility list the appropriate number of towing operators to be placed on the rotation list and participate in the towing rotation program for the following year. The patrol division commander shall select towing operators from the eligibility list in the order in which their complete applications were received. If a towing operator is currently on the rotation list and is deemed to be in good standing, that operator shall be granted a place on the next rotation list providing they meet the terms and conditions set forth in the TSA for that year.

C. When the patrol division commander or chief of police determines that an emergency exists, nothing shall prohibit a city employee from requesting services from a towing operator who is not on the list.

D. The rotation list may be amended from time to time as part of the chief's promulgation or modification of the rules and specifications. (Ord. 1743, 7-1-2008) 15-117: APPEAL:

Any applicant deemed ineligible by the patrol division commander shall have the right to appeal the decision to the chief of police. Appeals must be made by filing a notice of appeal with the chief of police within ten (10) days of receipt of a notice of the patrol division commander's decision. The chief of police shall hear the appeal within thirty (30) days after the appeal is filed. The chief of police shall notify the applicant of the decision within ten (10) days after the decision is made. The chief of police may affirm or overrule the patrol division commander's decision. The chief of police's decision shall be final. (Ord. 1743, 7-1-2008) 15-118: ANNUAL RENEWAL APPLICATION:

To continue to participate in the rotation program, each towing operator on the rotation list must file with the patrol division commander a renewal application for the following year. The renewal application must be filed during the annual enrollment period in the year prior to the year for which the renewal is sought. The application must describe any changes regarding the information in the original application. If there are no material changes and if the patrol division commander determines that the towing operator has performed well during the preceding year, the patrol division commander may place the towing operator on the rotation City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. list for the following year. If there are material changes or if the patrol division commander determines that the towing operator has not performed well, the renewal application will be treated as if it were an original application and will be subject to the procedures for reviewing new applications, as set forth in this article and in the rules and specifications. (Ord. 1743, 7-1-2008)
15-119: REMOVAL FROM THE ROTATION LIST:

A. The patrol division commander may remove a towing operator from the rotation list on any of the following grounds:

1. A finding that a towing operator falsified any portion of its application or failed to include required or important information on the application;

2. A finding that the towing operator has failed to comply with or violated any of the terms or conditions of either this article, the towing service agreement or the rules and specifications;

3. A finding that the towing operator has engaged in misconduct or a pattern of behavior, by or through its agents or otherwise, that is either inconsistent with the goals of providing quality service to the community or not in the best interests of the city or its residents.

B. If the towing operator does not agree with the patrol division commander's decision to remove the towing operator from the rotation list, it may file an appeal with the chief of police, following the procedures set forth in section 15-117 of this article. (Ord. 1743, 7- 1-2008)
15-120: EXECUTION OF AGREEMENTS:

All towing operators selected to participate in the rotation list shall enter into a towing service agreement with the city. The written agreement shall be in a form approved by the city attorney. (Ord. 1743, 7-1-2008)
15-121: EXCEPTIONS:

Nothing in this article shall prohibit or otherwise restrict owners or operators of a vehicle from selecting and calling a towing vehicle of their own choice. (Ord. 1743, 7-1-2008) 15-122: AUTHORITY FOR CITY TO MAINTAIN ITS OWN TOWING
OPERATIONS AND TOWING STORAGE YARD:

Nothing in this article shall be construed to restrict or prohibit the city from conducting its own towing operations or maintaining its own towing storage yard, either in lieu of or in addition to the towing services provided by and the towing storage yards maintained by any towing operator participating in the rotation list. (Ord. 1743, 7-1-2008) 15-123: VIOLATION; PENALTY:

Any towing operator or officer, official, employee or agent thereof who violates any provision of this article shall be guilty of a misdemeanor. In addition to any other penalties, any towing City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. operator violating any provision of this article shall be subject to removal from the rotation list. (Ord. 1743, 7-1-2008)
ARTICLE IX. MASSAGE BUSINESSES AND

PRACTITIONERS
SECTION:
15-124: Applicability Of Chapter
15-125: Definitions
15-126: Exemptions
15-127: Requirements For Individuals Practicing Massage 15-128: Requirements For Massage Businesses
15-129: Violations
15-130: City Registration Certificate Suspension Or Revocation 15-131: Denial/Appeals
15-132: Conditions Of Approval
15-133: Hearing Fees
15-134: Reapplication After Denial Or Revocation
15-135: No Refund Of Fee
15-136: Inspection By Officials
15-137: Notifications
15-138: Business Location Change
15-139: Sale Or Transfer Of Massage Business Interest
15-124: APPLICABILITY OF CHAPTER:

A. Except as otherwise provided, all of the provisions of this chapter shall be applicable to all massage businesses and all massage practitioners operating within the city of Porterville. This article shall not be construed in a manner that is inconsistent with any state law governing the practice of massage.

B. Any massage business that is legally operating under a city of Porterville business license as of the date of adoption hereof may procure a registration certificate pursuant to this article without having achieved CAMTC certification, so long as that business continues to operate without change in ownership and in good standing with all applicable provisions of state, federal, and Porterville laws and regulations, and otherwise complies with this article in its entirety. (Ord. 1831, 1-19-2016) 15-125: DEFINITIONS:

As used in this article:

City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

ANCILLARY MASSAGE SERVICES: Those services where less than twenty percent (20%) of the gross floor area of the business is devoted to massage.

CALIFORNIA MASSAGE THERAPY COUNCIL OR CAMTC: The massage therapy organization formed pursuant to chapter 10.5 of division 2 of the Business And Professions Code sections 4600 et seq.

CERTIFIED MASSAGE PRACTITIONER OR THERAPIST: Any individual certified by the California massage therapy council (CAMTC) as a certified massage therapist, certified massage practitioner, or conditionally certified massage practitioner pursuant to chapter

10.5 of division 2 of the California Business And Professions Code sections 4600 et seq.

CITY: The city of Porterville, California.

CITY MANAGER: The city manager of the city of Porterville or designee.

CITY REGISTRATION CERTIFICATE OR REGISTRATION CERTIFICATE OR REGISTRATION: A certificate issued by the city to a massage business to practice massage for compensation pursuant to this article.

CLIENT: The customer or patron who pays for or receives massage services.

COMMUNITY DEVELOPMENT DIRECTOR: The community development director Director of Planning and Engineering of the city of Porterville or designee.

COMPENSATION: The payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.

DAY: Calendar day, unless otherwise specifically expressed.

DISQUALIFYING CONDUCT: Any of the following:

A. Within five (5) years immediately preceding the date the city registration application was filed, or any time thereafter, the person has been convicted in a court of competent jurisdiction of the commission of or any attempt to commit, directly or indirectly, or assisting in or abetting the commission of, or conspiring to commit:

1. A violation of any provision of law pursuant to which a person is required to register under the provisions of California Penal Code section 290;

2. Any violation of California Penal Code sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 314, 315, 316, 318, 653.22, 653.23 or subsections (a), (b) or (d) of section 647;

3. Any other crime involving dishonesty, fraud, deceit, or moral turpitude;

4. A violation of California Penal Code section 415, 602, or any lesser included or related offense, in satisfaction of, or as a substitute for, any of the crimes previously listed in subsections A1 through A3 of this definition;

5. Any crime committed while engaged in the management or ownership of a massage business or the practice of massage;

6. A violation of California Health And Safety Code sections 11054, 11055, 11056, 11057, or 11058; or

7. Any offense in another state or territory of the United States which is the equivalent of any of the above offenses.

B. Within five (5) years of the date immediately preceding the date the application was filed, or any time thereafter, any applicant whose city registration certificate, CAMTC City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. certification, or trainee registration certificate or permit, which was issued by the state of California or any county or city has been suspended or revoked for good cause; C. Committing or maintaining a nuisance pursuant to California Penal Code sections 11225 through 11235, and/or Health And Safety Code sections 11570 et seq., for which a permanent injunction was issued, or committing a violation of any similar provisions of law in another state or territory of the United States; or D. Committing a violation of any provision of this article provided that the applicant received timely notice of the violation.

EMPLOYEE: Any person hired by a massage business or owner who renders any service for the business/owner in exchange for any form of compensation from the business.

FINANCE DIRECTOR OR DIRECTOR: The finance director Director of Planning and Engineering of the city of Porterville or designee.

HEARING OFFICER: The administrative hearing officer appointed by the city manager to conduct an administrative hearing pursuant to this article.

MANAGER: The person(s) designated by the massage business owner to act as the representative and agent of the owner in managing day to day operations with corresponding responsibilities. The term "manager" may also include an owner.

MASSAGE BUSINESS OR BUSINESS: Any business that offers massage therapy in exchange for compensation. Any business that offers any combination of massage therapy and bath facilities, including, but not limited to, showers, baths, wet and dry heat rooms, pools and hot tubs, shall be deemed a massage business under this article. The term "massage business" includes a certified massage practitioner or therapist who is the sole owner, operator and employee of a massage business operating as a sole proprietorship.

For purposes of this article, "massage business" shall include, without limitation, the advertising and soliciting of massages, and includes, but is not limited to, a certified massage practitioner or therapist who is the sole owner, operator and employee of a massage business operating as a sole proprietorship, as well as a massage business which employs certified massage practitioners or therapists.

MASSAGE BUSINESS OWNER OR OWNER: Any of the following persons:

A. Any person who is a general partner of a general or limited partnership that owns a massage business.

B. Any person who has a five percent (5%) or greater ownership interest in a corporation that owns a massage business.

C. Any person who is a member of a limited liability company that owns a massage business.

D. Any person who has a five percent (5%) or greater ownership interest in any other type of business association that owns a massage business.

MASSAGE OR MASSAGE THERAPY: The skillful application of touch, including, but not limited to, pressure, stroking, kneading, compression on or movement of the external surfaces of the body to produce increased awareness, relaxation, pain relief, injury rehabilitation, or neuromuscular reeducation. Examples of massage include, but are not limited to, Swedish massage, sports massage, shiatsu, polarity therapy, rolfing, hellerwork and reflexology.

City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

RECEPTION AREA: An area immediately inside the front door of the massage business dedicated to the reception and waiting of clients of the massage business and visitors, and which is not a massage therapy room or otherwise used for the provision of massage therapy services.

REGISTRATION CERTIFICATE HOLDER: The applicant named on the application for a registration certificate and all massage business owners.

RENT-SPACE MASSAGE THERAPIST OR RENT-SPACE THERAPIST: A person who practices massage at a massage business but is not an employee of the business.

SOLE PROPRIETORSHIP: Means and includes any legal form of business organization where the business owner (sometimes referred to as the "sole proprietor") is the only person employed by that business to provide massage services.

VISITOR: Any person who enters a massage business and who is neither a client, owner, manager, nor employee of the business. (Ord. 1831, 1-19-2016; Ord. XXXX, [date].) 15-126: EXEMPTIONS:

The provisions of this chapter shall not apply to the following classes of individuals or businesses while engaged in the performance of their duties:

A. Complete exemption. The requirements of this chapter shall not apply to the following individuals:

1. Physicians, surgeons, chiropractors, osteopaths, nurses or any physical therapists who are duly licensed to practice their respective professions in the State of California and persons working directly under the supervision of or at the direction of the licensed persons, working at the same location as the licensed person, and administering massage services subject to review or oversight by the licensed person.

2. Barbers and beauticians who are duly licensed under the laws of the State of California while engaging in practices within the scope of their licenses, except that this exemption shall only apply if the massaging of the neck, face and/or scalp, hands or feet of the clients is ancillary to the primary service being provided by the barber or beautician.

3. Hospitals, nursing homes, mental health facilities, or any other health facilities duly licensed by the State of California, and employees of these licensed institutions, while acting within the scope of their employment.

4. Accredited high schools, junior colleges, and colleges or universities whose coaches and trainers are acting within the scope of their employment.

5. Any other business or profession exempt from the provisions of this chapter by state law.

B. Limited Exemption. In addition to any other applicable provisions of this article, businesses that offer ancillary massage services shall only be required to comply with the provisions set forth in this section for the massage portion of the business. The business shall comply with the following provisions:

1. Massage services must be performed by a certified massage practitioner or therapist;
City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

2. Subsection 15-128 F of this article related to facility requirements as they pertain to the portion of business that is utilized for massage;

3. Subsection 15-128 G of this article related to operational requirements; and

4. Section 15-136 of this article related to inspections.

C. Additional Limited Exemption/Temporary Permit. An individual who is currently not a certified massage practitioner or therapist by CAMTC as defined in Section 15-125 , due to his or her school having closed on or before June 30, 2016, may obtain a license to practice massage therapy for compensation as a sole practitioner or therapist or employee of a massage business for one six-month period, pending CAMTC certification under its Closed School Policy(ies), provided that all the following requirements are met:

1. Prior to applying for a permit under this section, he or she is possesses a valid business license for massage therapy services and was at all times in good standing in another U.S. city’s jurisdiction.

2. The individual provides sufficient evidence to and as determined by the City of Porterville that he or she is applying to the CAMTC for certification as a certified massage therapist or practitioner.

3. The individual provides evidence of current membership with the Associated Bodywork & Massage Professionals, including proof of current insurance coverage obtained through that Association.

4. The individual’s business location and operations must comply with all other provisions of this Article and Chapter 21 of the Porterville Municipal Code. A NonCAMTC certified owner of a business where the an individual will be engaging in massage therapy services shall continue to be required to comply with all applicable requirements specified in Article IX, including but not limited to 15-128 B.il, even if the massage therapy services qualify as ancillary massage services.

5. If the individual does not receive his or her CAMTC certification within the period specified above, the permit shall expire and the individual will no longer be able to practice massage therapy services in the City. The City may extend the permit for a maximum of one additional six-month period, upon a showing by the individual that CAMTC certification/approval is pending, after which no further extensions shall be granted.

D. Furnish Evidence: Any person claiming an exemption under this section shall furnish satisfactory evidence to the city manager upon request that he or she is entitled to the exemption, including, proof of bona fide employment or, if applicable, a citation to the particular provision of state law upon which that person relies. (Ord. 1831, 1-19-2016; amd. Ord. 1851, 3-5-2019; Ord. XXXX, [date].)
15-127: REQUIREMENTS FOR INDIVIDUALS PRACTICING MASSAGE:

It shall be unlawful for any individual to practice massage therapy for compensation as a sole practitioner or therapist or employee of a massage business or in any capacity within the city unless that individual is a certified massage practitioner or therapist. (Ord. 1831, 1- 19-2016)
City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. 15-128: REQUIREMENTS FOR MASSAGE BUSINESSES:

A. Requirements: It shall be unlawful for any massage business to provide massage services unless all of the following requirements are met:

1. All of the individuals employed by the massage business to perform massage are certified massage practitioners or therapists;

2. The business has a valid city business license under this chapter; and

3. The business has a valid city registration certificate under this article.

B. Application For City Registration Certificate: The application for new and renewal city registration certificates shall include the following information, without limitation, and an application fee in an amount established by city council resolution:

1. The legal name, address and telephone number of the massage business.

2. A floor plan indicating how the use is proposed to be conducted within the premises, a list of services to be provided, and a description of any other business operated on the same premises.

3. Legal names of all owners of the massage business and the names of all managers.

4. Home address and telephone number and business address and telephone number of all owners of the massage business, and any previous home addresses for a period of five (5) years immediately prior to the date of the application and the dates of residence at each.

5. For all owners, a valid and current driver's license and/or photo identification issued by a state or federal governmental agency, or other photographic identification bearing a bona fide seal by a foreign government.

6. The form of business under which the massage business will be operating (i.e., corporation, general or limited partnership, limited liability company, or other form).

7. For all owners, a signed statement that all of the information contained in the application is true and correct; that all owners shall be responsible for the conduct of the business's employees or independent contractors providing massage services; and acknowledging that failure to comply with the California Business And Professions Code section 4600 et seq., any local, state, or federal law, or the provisions of this article may result in revocation of the business's city registration certificate.

8. The massage license and registration history of all of the owners, including whether the owner has operated any massage business or similar business or occupation within any other county, city, or state; and whether or not the applicant, in previously operating a massage business, has had the license or registration certificate revoked, suspended, or denied. In the case of revocation, suspension, or denial, the owner shall also include within the form the reason(s) therefor, and any employment obtained subsequent to any revocation, suspension or denial.

9. The employment history of each owner for five (5) years preceding the date of the application, the inclusive dates of the employment history, and the name and address of any massage business or similar business owned by the individual, whether inside City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. or outside the city. Employment history shall also include whether the owner, including a corporation or partnership, or a former employer of the applicant while so employed, was ever subjected to an abatement proceeding under California Penal Code sections 11225 through 11235, or any similar provisions of law in a jurisdiction outside the state.

10. For each owner of the massage business that is a certified massage practitioner, a copy of that person's current certification from the California massage therapy council as a certified massage practitioner, certified massage therapist, or conditionally certified massage practitioner, and copy of that person's CAMTC issued identification card.

11. For each owner that is not CAMTC certified, current fingerprints taken by the city of Porterville police department or a certified and approved California live scan fingerprinting center for the purpose of conducting a background check on behalf of the city, to determine the criminal history of the applicant, including whether the applicant has been convicted of any felony, misdemeanor, infraction, or municipal code violation, or has been held liable for any administrative or civil action, for an act that is substantially related to the practice of massage or disqualifying conduct.

12. The name of each person the massage business employs or retains to perform massage therapy for compensation. For each person the massage business does or will employ or retain to perform massage therapy for compensation, a copy of that person's current certification from the California massage therapy council as a certified massage practitioner, certified massage therapist, or conditionally certified massage practitioner and a copy of that person's CAMTC issued identification card for each certified massage practitioner.

13. The name and address of the owner of the real property upon, in, or from which the massage business is to be operated. In the event the applicant or owner is not the legal owner of the property, the application shall be accompanied by a copy of any written lease between the massage business and the property owner authorizing use of the premises for a massage business, or, alternatively, if there is no written lease, then a written, notarized acknowledgment from the property owner that the property owner has been advised that a massage business will be operated by the applicant upon, in, or from the property owner's property.

14. Proof of current and valid workers' compensation insurance from an insurer authorized to do business in California, in an amount as required by law.

15. Authorization for the city, its employees and agents to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the registration certificate.

16. The name of the individual to receive notices on behalf of the business.

17. Any other identification and information necessary to discover the truth of the matters required to be set in the application.

C. Changes To Application Information: Any changes to the application information during the period the city is reviewing the application shall be immediately reported to the city. Failure to report these changes shall result in denial of application.

City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

D. Approval Or Denial Of City Registration Certificate And Massage Business Registration Certificate Renewals:

1. Within thirty (30) days following receipt of a completed application, finance director Director of Planning and Engineering shall either issue the registration certificate or mail a written statement of the reasons for denial as set forth below. The director shall deny a registration certificate to the applicant where any of the following conditions exist:
a. The applicant or any owner has procured or attempted to procure a registration certificate or other license by fraud, misrepresentation or material misstatement;
b. The applicant or any owner is a person who, as established by clear and convincing evidence, has engaged in "disqualifying conduct" as defined in this article within five (5) years immediately preceding the date of filing of the application;
c. The massage business, as proposed by the applicant, if permitted, would not comply or has not complied with all the applicable laws, including, but not limited to, all the city's building, fire, zoning, and health regulations; d. The applicant or any owner has violated any provision of this article, or any similar ordinance, law, rule, or regulation of any other public agency which regulates the operation of massage businesses;
e. The applicant is less than eighteen (18) years of age; f. The application is incomplete and the required supplementary documents were not submitted within twenty (20) days of a request for these documents by the finance director Director of Planning and Engineering; g. The applicant or any owner has been denied for good cause a business registration certificate or license; has had their registration certificate or registration revoked, suspended, or restricted for good cause; has been proven to have violated any ordinance related to the practice of massage; or has had any other disciplinary action taken for good cause against them by another city, state, county or territory of the United States, or by any other government agency; or
h. The applicant or any owner is indebted to the city for any unpaid fee or fine.

2. If prosecution is pending against the applicant or any owner for either conduct violating this article's provisions or conduct violating Business And Professions Code section 4600 et seq., the director may postpone the decision on the application until the prosecution's final resolution. As used in this subsection, "prosecution" means charges filed by the district attorney, administrative proceedings brought by a local government or agency, or a civil or criminal action maintained by the Porterville city attorney or prosecution attorney.

E. Written Notice Of Denial: Upon determining that grounds for denial exist, the finance director Director of Planning and Engineering shall furnish written notice of the denial to the applicant. The notice shall summarize the principal reasons for the denial, shall state that the applicant may request an appeal pursuant to section 15-131 of this article, and City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. shall be delivered by mail to the applicant as that name and address appear on the application.

F. Facilities Prerequisite To Registration Certificate Issuance: A registration certificate shall not be issued pursuant to this article unless an inspection reveals that the business complies with each of the following minimum requirements of this article and chapter 21 of this code:

1. Facility Requirements:
a. No massage or massage services shall be given in a business, or premises registered pursuant to this article, in any room or space enclosed or divided by walls and fitted with a door capable of being locked from the inside. This section shall not apply to the business's external doors and shall not operate to prohibit a massage business from locking its external doors if the business is a business entity owned by one individual with one or no employees or independent contractors.
b. A list of services available and the cost of the services shall be posted in an open and conspicuous public place on the premises. The services shall be described in English and any other languages that the business chooses. Only services on the posted list shall be performed.
c. Minimum lighting consisting of at least one artificial light of not less than forty (40) watts shall be provided and shall be operating in each room or enclosure where massage services are being performed on clients, and in all areas where clients are present.
d. Massage businesses shall at all times be equipped with an adequate supply of clean sanitary towels, coverings, and linens. Clean towels, coverings, and linens shall be stored in enclosed cabinets. Towels and linens shall not be used on more than one client, unless they have first been laundered and disinfected. Disposable towels and coverings shall not be used on more than one client. Soiled linens and paper towels shall be deposited in separate, approved receptacles. e. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms, and all other physical facilities, shall be in good repair and maintained in a clean and sanitary condition.
f. Adequate bathing, dressing, locker and toilet facilities shall be provided for clients. A minimum of one tub or shower; one dressing room containing a separate locker for each client to be served, which locker shall be capable of being locked; as well as a minimum of one toilet and washbasin, shall be provided in every massage business; provided, however, that if male and female clients are to be served simultaneously at the business, separate bathing, massage room(s), dressing room(s), and toilet facilities shall be provided for male and female clients.

This requirement may be modified upon approval of the city manager if the services provided or site plan do not necessitate some or all of these facilities. g. A minimum of one washbasin for employees shall be provided at all times. The basin shall be located within, or as close as practicable, to the area devoted to performing massage services. Sanitary towels shall also be provided at each basin. Hot and cold running water shall be provided at all times.

City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. h. In the reception area, in letters that are a minimum of one inch (1") in height, a notice in English (and any other language that the business chooses) that provides information substantially as follows:

THIS MASSAGE BUSINESS AND THE MASSAGE ROOMS DO NOT PROVIDE

COMPLETE PRIVACY AND ARE SUBJECT TO INSPECTION BY CITY AND

HEALTH OFFICIALS WITHOUT PRIOR NOTICE
i. No room or space enclosed or divided by walls and fitted with a door where massage or massage services are performed shall be equipped with any electronic, mechanical, or artificial device used or capable of being used, for the recording or videotaping of visual images and/or sound. j. Wet and dry heat rooms, steam or vapor rooms or cabinets, toilet rooms, shower and bath rooms, tanning booths, whirlpool baths and pools shall be thoroughly cleaned and disinfected as needed or required.
k. Standard or portable massage tables shall be used with a durable, washable plastic or other waterproof material as a covering. The tables shall be sanitized after each use.
l. A massage business shall operate only under the name specified in its city registration certificate.
m. No massage business located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints, or any other material that obstructs, blurs, or unreasonably darkens the view into the premises.

G. Operating Requirements:

1. Massage may be provided only between the hours of seven o'clock (7:00) A.M. and nine o'clock (9:00) P.M. No massage business shall be open and no massage services shall be provided between nine o'clock (9:00) P.M. and seven o'clock (7:00) A.M. A massage commenced prior to nine o'clock (9:00) P.M. shall nevertheless terminate at nine o'clock (9:00) P.M., and all clients shall exit the premises at that time. It is the obligation of the massage business to inform clients of the requirement that services must cease at nine o'clock (9:00) P.M.

2. The owner and manager of a massage business shall be responsible for displaying the city registration certificate and the CAMTC registration certificate of each and every certified massage practitioner or therapist employed in the business in an open and conspicuous place on the premises. Passport size photographs of the registration certificate holder shall be affixed to the respective registration certificate on display pursuant to this section.

3. For each massage service provided, every massage business shall keep a complete and legible written record of the following information:
a. The date and hour that service was provided;
b. The service received;
c. The name or initials of the employee entering the information; and City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. d. The name of the employee administering the service.

The records shall be open to inspection and copying by the Porterville police department, or other city officials charged with enforcement of this article. These records may not be used by any massage business owner or employee for any purpose other than as records of service provided and may not be provided to other parties by any person unless otherwise required by law. The records shall be retained on the premises of the massage business for a period of two (2) years.

4. All massage business owners and their employees shall wear clean outer garments. The garments shall not include any of the following:
a. Attire that is transparent or see through, or substantially exposes the employee's undergarments;
b. Swim attire, if not providing a water-based massage modality accepted by the California massage therapy council;
c. Attire that exposes the employee's genitals, pubic areas, buttocks, or breasts; d. Attire worn in a manner that constitutes a violation of California Penal Code section 314;
e. Attire worn in a manner that is otherwise deemed by the California massage therapy council to constitute unprofessional attire based on the custom and practice of the profession in California.

5. At all times during the massage, the client's genitals shall be fully covered and contact shall not be made with the genitals.

6. The premises' exterior doors and the doors separating the waiting or reception area from the remainder of the premises shall remain unlocked during the business hours (including electronic locking devices) or when clients are present. External doors may only be locked during business hours if the massage business is a business entity owned by one individual with one or no employees or independent contractors who are not employees of the business and there is no staff available to assure security for clients and massage staff behind closed doors.

7. During hours of operation, no person other than the listed manager on duty, an employee, or a client shall be allowed beyond the reception area of the massage business.

8. Clients and visitors shall only be permitted in the massage business during the hours of operation.

9. Visitors shall only be permitted in the reception area of the massage business.

10. Clients shall only be permitted in massage treatment areas if at least one massage practitioner is on the premises.

11. The massage business shall be supervised, during all hours of operation, by a manager specified in the city's registration application. The name of the manager on duty shall be posted in a conspicuous place within the reception area daily.

12. The owner and manager shall maintain a register of all employees or rent-space massage therapists. The employee register shall be maintained on the premises for a minimum period of two (2) years following an employee's termination. The owner City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. and manager shall make the employee register immediately available for inspection upon demand by a representative of the Porterville police department or the city at all reasonable times. The employee register shall include, but not be limited to, the following information:
a. The name, nicknames and/or aliases used by an employee or rent-space massage therapist.
b. A good quality color photocopy of a lawfully issued CAMTC certificate for each employee and rent-space therapist that provides massage services. c. The employee's or rent-space therapist's home address and relevant phone numbers (including, but not limited to, home and cellular numbers). d. The employee or rent-space therapist's age, date of birth, gender, height, weight, color of hair and eyes.
e. The date of employment and termination, if applicable, or, in the case of a rent-space therapist, the start and end dates of the lease agreement, as well as a copy of the agreement for all employees.
f. The duties of each employee.

13. While the city registration is in effect and at all times during operation, the massage business shall fully maintain current and valid workers' compensation insurance as required by law. Proof of insurance shall be maintained on the premises at all times.

14. The massage business shall apply to the city for an amended city registration certificate within twenty (20) days after the occurrence of any circumstance which changes the registration information initially provided to the city pursuant to this section, including, but not limited to, the termination of certified massage practitioners or therapists. There shall be no charge for an amended registration certificate unless the director determines that the changes are substantial and a new certificate is required.

H. City Registration Certificate: A city registration certificate issued pursuant to the terms of this article shall be valid for a term of one year from the date of issuance and, unless suspended or revoked, may be renewed annually upon application by the massage business owner so long as the massage business is operating within the city. No registration certificate shall confer any vested right to any person or business for more than the registration period. (Ord. 1831, 1-19-2016; Ord. XXXX, [date].) 15-129: VIOLATIONS:

A. In addition to any other remedy available under the law, violations of this article are subject to all applicable remedies within this code, including, but not limited to, section 1-9 of this code and/or the administrative citations and penalties provisions in chapter 1 of this code.

B. Any massage business operated, conducted, or maintained contrary to the provisions of this article shall constitute an unlawful business practice pursuant to Business And Professions Code section 17200 et seq., and the city attorney or district attorney may, in the exercise of discretion, in addition to or in lieu of taking any other action permitted by City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. this article, commence an action or actions, proceeding or proceedings in the superior court of Tulare County, seeking an injunction prohibiting the unlawful business practice and/or any other remedy available at law, including, but not limited to, fines, attorney fees and costs. All remedies provided for in this article are cumulative.

C. It shall be unlawful and a public nuisance for a massage business to be operated, conducted, or maintained contrary to the provisions of this article. The city may exercise its discretion, in addition to or in lieu of prosecuting a criminal action, to commence proceedings for the abatement, removal, and enjoinment of that business in any manner provided by law. (Ord. 1831, 1-19-2016)
15-130: CITY REGISTRATION CERTIFICATE SUSPENSION OR REVOCATION:

A. In addition to any other remedy available to the city under this code or state law, any registration certificate may be suspended or revoked by the director where it is found by substantial evidence that any of the following have occurred:

1. The registration certificate holder and/or agent has violated any provision of this article or the grounds for denial of the registration certificate exist;

2. The registration certificate holder and/or agent is a person who has engaged in "disqualifying conduct" as defined in this article;

3. The registration certificate holder and/or agent has failed to comply with one or more of the facilities and operations requirements of this article;

4. The registration certificate holder and/or agent has engaged in fraud, misrepresentation, or false statement in conducting the massage business;

5. The registration certificate holder and/or agent has continued to operate the massage business after the city registration certificate or registration has been suspended; or

6. The registration certificate holder and/or agent has failed to apply with the city for an amended city registration certificate within twenty (20) days after the occurrence of any circumstance which substantially changes the registration information initially provided to the city pursuant to section 15-128 of this article, including, but not limited to, the termination of certified massage practitioners or therapists; or

7. Massage treatments have been performed on the premises of the massage business, with or without the registration certificate holder's actual knowledge, by any person who:
a. Does not have a valid CAMTC certification; or
b. As established by clear and convincing evidence, has engaged in conduct or has been convicted of the offenses described as disqualifying conduct. (Ord. 1831, 1-19-2016)
15-131: DENIAL/APPEALS:

A. Notice of denial, suspension or revocation shall contain a statement of the violation(s) which constitute the basis for the suspension or revocation and information about the right to appeal. Notice of the suspension or revocation shall be given by first class mail City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline. to the owner and real property owner at the addresses shown on the registration certificate. Service shall be deemed complete when the notice is mailed by first class mail. The owner shall have ten (10) calendar days from the date the notice is served to appeal to the finance director Director of Planning and Engineering in writing and upon payment of a fee in an amount established by city council resolution. Upon issuance of a notice of suspension or revocation, the registration certificate shall be surrendered and no massage activity may occur while any appeal proceeds.

B. Upon receipt of an appeal, the finance director Director of Planning and Engineering shall appoint a hearing officer. A hearing shall be scheduled upon not less than ten (10) calendar days and not more than thirty (30) days, unless extended by mutual agreement.

Notice of the hearing shall be given by first class mail to the owner and real property owner at the address shown on the registration certificate. Service shall be deemed complete when the notice is mailed.

C. The hearing officer's jurisdiction is limited to determining whether evidence exists to provide grounds for the registration certificate denial, suspension or revocation.

D. The city shall provide proof of any violations by a preponderance of the evidence.

Formal rules of evidence shall not apply to the hearing.

E. The hearing officer shall:

1. Receive evidence regarding the proposed suspension, revocation or certificate denial.

2. Maintain a record of all evidence introduced.

3. Record the hearing.

4. Consider the nature, volume, severity, and frequency of any violations.

5. Decide whether grounds exist of the suspension or revocation or denial.

6. Issue a written decision within seven (7) days of the hearing that includes the factual and legal basis of the decision and a notice of the appeal rights contained in this article.

F. The hearing officer's decision shall be final upon mailing by first class mail to the owner and real property owner at the address listed on the registration certificate.

G. The hearing officer's decision is subject to review pursuant to California Code Of Civil Procedure section 1094.6. (Ord. 1831, 1-19-2016; Ord. XXXX, [date].) 15-132: CONDITIONS OF APPROVAL:

The director or hearing officer may condition any city registration certificate if they find that grounds for denial or revocation of a registration certificate exist. (Ord. 1831, 1-19-2016) 15-133: HEARING FEES:

All hearings held as provided in this article may be subject to a filing fee in an amount established by the city council resolution. (Ord. 1831, 1-19-2016) 15-134: REAPPLICATION AFTER DENIAL OR REVOCATION:

City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

A. An applicant for a city registration certificate under this article whose application for registration has been denied may not reapply for registration for a period of two (2) years from the date of the denial. However, a reapplication prior to the termination of two (2) years may be made if accompanied by evidence that the ground(s) for denial of the application no longer exist. Notwithstanding, if an application or renewal is denied due to criminal activity at the business, no reapplication for a new massage business at the same location will be accepted within two (2) years after the effective date of the denial.

B. A registration certificate holder under this article whose registration or renewal has been revoked or denied may not reapply for a registration certificate for a period of two (2) years from the date of the revocation or denial.

C. If an application or renewal is denied due to criminal activity at the business, no reapplication for a new massage business at the same location will be accepted within two (2) years after the effective date of the denial. (Ord. 1831, 1-19-2016) 15-135: NO REFUND OF FEE:

No refund or rebate of a registration certificate fee shall be allowed regardless of whether the city registration certificate has been suspended or revoked, or because the registration certificate holder discontinues an activity for which a city registration certificate is required pursuant to this article. (Ord. 1831, 1-19-2016)
15-136: INSPECTION BY OFFICIALS:

The investigating and enforcing officials, including, but not limited to, the Porterville police department; Tulare County health department; or the city's finance director Director of Planning and Engineering, code enforcement, or building and safety officials, or their designees, shall have the right to enter the premises from time to time during regular business hours for the purpose of making reasonable inspections to observe and enforce compliance with building, fire, electrical, plumbing or health regulations, and to enforce compliance with applicable regulations, laws, and statutes, and with the provisions of this article. (Ord. 1831, 1-19-2016; Ord. XXXX, [date].)
15-137: NOTIFICATIONS:

A massage business shall immediately report to the city's business license department any of the following:

A. Arrests of any employees, owners, or managers of the registrant's massage business for an offense other than a misdemeanor traffic offense; B. Resignations, terminations, or transfers of certified massage practitioners or therapists employed by the registrant's massage business;
C. The occurrence of any event involving the registrant's massage business or the massage practitioners or therapists employed there that constitutes a violation of this article or state or federal law. (Ord. 1831, 1-19-2016) 15-138: BUSINESS LOCATION CHANGE:

City of Porterville Municipal Code Chapter 15, Article IV Redline Deleted text shown in red strikeout. Added text shown in blue underline.

Upon a change of location of a massage business, a new application shall be made to the director for a city registration certificate pursuant to the requirements of section 15-128 of this article prior to commencing operation at the new location. The application shall be granted, provided all applicable provisions of this article and chapter 21 of this code are complied with, and a change of location fee in an amount established by city council resolution to defray the costs of investigation and report has been paid to the city. A new location shall be subject to an inspection under section 15-136 of this article before a new registration will be issued. (Ord. 1831, 1-19-2016)
15-139: SALE OR TRANSFER OF MASSAGE BUSINESS INTEREST:

A sale or transfer of any interest in a massage business, which interest would be reported as required in this article upon application for a city registration certificate, shall be reported to the finance director Director of Planning and Engineering within ten (10) days of the sale or transfer. The finance director Director of Planning and Engineering shall investigate any person receiving any interest in a massage business as a result of the sale or transfer, and if the person satisfies the requirements relating to city registration certificate applicants, the existing registration certificate shall be endorsed to include the person. A fee as set by resolution of the city council shall be paid to the city for the investigation by the finance director Director of Planning and Engineering necessitated by each sale or transfer. (Ord. 1831, 1-19-2016; Ord. XXXX, [date].)

CITY OF PORTERVILLE

For the purposes of this chapter, certain words and phrases used herein are defined as follows:

ADVERTISING SOLICITOR: Any person who goes from place to place within the city selling or offering to sell advertising service using any advertising method.

AMUSEMENTS, AMUSEMENT RIDES: One or more merry-go-rounds, exhibitions, flying horses, Ferris wheels, or other similar devices.

AUCTION SALES: All sales by auction of personal and/or real property.

BUSINESS: Professions, trades and occupations, and all and every kind of calling whether or not carried on for profit.

The charging of a single admission fee to a carnival shall not limit the provisions of this chapter.

CITY: City of Porterville, Tulare County, state of California.

COLLECTOR: The Director of Planning and Engineering or designee of the city and duly authorized assistants and/or deputies of the director.

CONTRACTORS: Means and includes those trades licensed by the state contractors' licensing board.

FLEA MARKET OR SWAP MEET: Any collection of two (2) or more vendors gathered together in a common area segregated by spaces, booths or other designated selling locations for the purpose of selling, offering to sell, bartering, or offering to barter, or any combination thereof, goods, wares, merchandise or articles of value. This definition shall be liberally construed so as to apply to any activity commonly known and referred to as a flea market, swap meet, or farmers' market.

FLEA MARKET OR SWAP MEET OPERATOR: Any person, corporation or organization conducting, managing or engaging in the business of operating a swap meet, flea market, or farmers' market.

GOODS: Any goods, wares, merchandise or other personal property capable of being the objects of a sale regulated hereunder.

Note: All receipts of a business should be included under gross receipts with the following exceptions:

A. Cash discounts allowed.

B. Trade in allowances.

C. Sales tax.

D. Excise tax.

E. Any other tax included in or added to the price of the product.

F. Sales return allowances.

PERSONAL LOANS OR SUPPLIER OF FINANCING: Every person who either for himself or any other person engages in the business of loaning money, advancing credit, loaning credit, whether security of any kind (personal or real property) is taken for such loan or advance or not, or purchasing or discounting of any obligation of money due or to become due or any evidence of any obligation of money due, whether such obligation is secured or guaranteed or not. Nothing in this definition shall be deemed or construed to apply to any person conducting a banking business or financial corporation exempt under the laws of California, or to persons required to be licensed by the state of California under provisions of the "personal property brokers act", or to the holder of a pawnbroker's license.

Persons required to pay a license tax for transacting and carrying on any business under this chapter shall not be relieved from the payment of any license tax for the privilege of doing such business required under any other ordinance or chapter of this code and shall remain subject to the regulatory
provisions of other ordinances. (Ord. 1324, 12-18-1984) 15-4: EFFECT OF CHAPTER ON PAST ACTIONS AND OBLIGATIONS PREVIOUSLY ACCRUED:

B. Card Room: A license shall be obtained by any person to conduct, operate, or carry on, or permit to be carried on, the business of a card room.

D. Branch Establishments Or Multiple Businesses: A separate business license must be obtained for each branch establishment or location of the business transacted and carried on and for each separate type of business at the same location, and each business license shall authorize the holder to transact and carry on only the business described thereby at the location or in the manner designated in such business license; provided, that warehouses used in connection with or incidental to a business taxed under the provisions of this chapter shall not be deemed to be separate places of business or branch establishments; and provided further that any person conducting two (2) or more types of businesses at the same location and under the same management, or at different locations, but which businesses use a single set or integrated set of books and records, may at his option, pay only one tax calculated on all gross receipts of the businesses under the schedule that applies to the type of business of such person which requires the highest percentage payment on such gross receipts. Vehicles, coin operated machines or any other type of operation incidental to the licensed business shall fall within the gross receipts schedule designated for said business. However, wherein two (2) or more businesses are operated under the same ownership or management that are licensed under the "flat rate" section of this chapter, that flat rate of each type of business shall apply.

A. Interstate Commerce: Nothing in this chapter shall be deemed or construed to apply to any person transacting and carrying on any business exempt by virtue of the constitution or applicable statutes of the United States or of the state of California from the payment of such taxes as are herein prescribed. None of the license taxes provided for by this chapter shall be so applied as to occasion an undue burden upon interstate commerce. In any case where a license tax is believed by a licensee or applicant for license to place an undue burden upon such commerce, he may apply to the collector for an adjustment of the tax so that it shall not be discriminatory or unreasonable as to such commerce. Such application may be made before, at, or within six (6) months after payment of the prescribed license tax. The applicant shall, by affidavit and supporting testimony, show his method of business and the gross volume or estimated gross volume of business and such other information as the collector may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The collector shall then conduct an investigation and, after having first obtained the written approval of the city attorney, shall fix as the license tax for the applicant, an amount that is reasonable and nondiscriminatory, or if the license tax has already been paid, shall order a refund of the amount over and above the license tax so fixed. In fixing the license tax to be charged, the collector shall have the power to base the license upon a percentage of gross receipts or any other measure which will assure that the license tax assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the license tax as prescribed by this chapter. Should the collector determine the gross receipts measure of license tax to be the proper basis, he may require the applicant to submit, either at the time of termination of applicant's business in the city, or at the end of each six (6) month period, a sworn statement of the gross receipts and pay the amount of license tax therefor; provided, that no additional license tax during any one calendar year shall be required after the licensee shall have paid an amount equal to the annual license tax as prescribed in this chapter. Any person claiming an exemption pursuant to this section shall file a verified statement with the collector stating the facts upon which exemption is claimed. The collector shall, upon a proper showing contained in the verified statement, issue a license to such person claiming exemption under this section without payment to the city of the license tax required by this chapter. The collector, after giving notice and a reasonable opportunity for hearing to a licensee, may revoke any license granted pursuant to the provisions of this section upon information that the licensee is not entitled to the exemption as provided herein.

A. General Business License: Every person required to have a license under the provisions of this chapter shall make application for same to the collector of the city.

Every applicant for a business license shall pay to the collector, in addition to the prescribed license tax, a nonrefundable application fee of twenty-five dollars ($25.00) prior to processing of said application. Where the application is approved, the application fee shall be applied to the business license fee for the first licensing period. Where approval of the application is denied, or if the applicant withdraws or cancels request for business license, or if the business license is not issued for any reason, the twenty-five dollar ($25.00) application fee will be retained by the city to cover processing costs of the application. Upon payment of the prescribed license tax the collector shall issue to such person a license which shall contain: 1) the name of the person to whom the license is issued; 2) the business or profession licensed; 3) the place where such business or profession is to be transacted and carried on; 4) the date of the expiration of such license; and 5) such other information as may be necessary for the enforcement of the provisions of this chapter. Upon a person making application for the first license to be issued hereunder or for a newly established business or profession, in all cases where the amount of license tax to be paid is measured by gross receipts, such person shall furnish to the collector for his guidance in ascertaining the amount of license tax to be paid by the applicant, a written statement, upon a form provided by the collector, sworn to before a person authorized to administer oaths, setting forth such information as may be therein required and as may be necessary to determine the amount of the license tax to be paid by the applicant. If the amount of the license tax to be paid by the applicant is measured by gross receipts, he shall estimate the gross receipts for the period to be covered by the license to be issued. Such estimate, if accepted by the collector as reasonable, shall be used in determining the amount of license tax to be paid by the applicant; provided, however, the amount of the license tax so determined shall be tentative only, and such person shall, within thirty (30) days after the expiration of the period for which such license was issued, furnish the collector with a sworn statement, upon a form furnished by the collector, showing the gross receipts during the period of such license, and the license tax for such period shall be finally ascertained and paid in the manner provided by this chapter for the ascertaining and paying of renewal license taxes for other businesses or professions, after deducting from the payment found to be due, the amount paid at the time such first license was issued. The collector shall not issue to any such person another license for the same or any other business or profession, until such person shall have furnished to him the written statement and paid the license tax as herein required. In all cases, the applicant for the renewal of a license shall submit to the collector for his guidance in ascertaining the amount of the license tax to be paid by the applicant, a written statement, upon a form to be provided by the collector, written under penalty of perjury, or sworn to before a person authorized to administer oaths, setting forth such information concerning the applicant's business or profession during the preceding year as may be required by the collector to enable him to ascertain the amount of the license tax to be paid by said applicant pursuant to the provisions of this chapter.