The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through July 23, 2024.
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Item 11.b
City of Vacaville, CA
§ 5.12.010
BUSINESS TAXES, LICENSES AND REGULATIONS § 5.12.010
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City of Vacaville, CA
§ 5.12.010
BUSINESS TAXES, LICENSES AND REGULATIONS § 5.12.010
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Chapter 5.12
LICENSE TAXES
§ 5.12.010. Based on number of employees.
A. A. Every person engaged in business in the city, whether or not a fixed place of business in such city, in the business of conducting, managing, carrying on or engaging in any business, profession or occupation or service enterprise included within Sectors 52, 53, 54, 55, and 62 of the North American Industry Classification System (NAICS) shall pay to the city an annual license tax of seventy-five dollars; per annum, plus an additional sum based upon the average number of employees in such business, according to the following schedule:
1. 1. If the average number of employees is from two to five, an additional twenty-five dollars per annum is charged.
2. 2. If the average number of employees is from six to twelve, an additional fifty dollars per annum is charged.
3. 3. If the average number of employees is from thirteen to twenty-five, an additional one hundred twenty-five dollars per annum is charged.
4. 4. If the average number of employees is from twenty-six to fifty, an additional one hundred fifty dollars per annum is charged.
5. 5. If the average number of employees is from fifty-one to one hundred, an additional two hundred fifty dollars per annum is charged.
6. For each additional fifty employees over one hundred or fraction thereof, an additional charge of twenty-five dollars shall be made.
6. B. For each additional fifty employees over one hundred or fraction thereof, an additional charge of twenty-five dollars shall be made.
B. Except as otherwise provided in this Title, all other persons engaged in business in the city, whether or not a fixed place of business in such city, in the business of conducting, managing, carrying on or engaging in any business, profession or occupation or service enterprise shall pay to the city an annual license tax of fifty dollars per annum, plus an additional sum based upon the average number of employees in such business, according to the following schedule:
1. 1. If the average number of employees is from two to five, an additional twenty-five dollars per annum is charged.
2. 2. If the average number of employees is from six to twelve, an additional fifty dollars per annum is charged.
3. 3. If the average number of employees is from thirteen to twenty-five, an additional one hundred dollars per annum is charged.
4. 4. If the average number of employees is from twenty-six to fifty, an additional one hundred twenty-five dollars per annum is charged.
5. 5. If the average number of employees is from fifty-one to one hundred, an additional two hundred twenty-five dollars per annum is charged.
6. For each additional fifty employees over one hundred or fraction thereof, an Item 11.b
City of Vacaville, CA
§ 5.12.010
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City of Vacaville, CA
§ 5.12.010
BUSINESS TAXES, LICENSES AND REGULATIONS § 5.12.050
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additional charge of twenty-five dollars shall be made.
6. For each additional fifty employees over one hundred or fraction thereof, an additional charge of twenty-five dollars shall be made.
C. C. Every person or firm contained in subsection B of this section whose gross income is between one thousand dollars and two thousand five hundred dollars per annum shall pay to the city a reduced annual license tax of twenty-five dollars per annum, plus an additional sum based upon the average number of employees in such business, according to the following schedule:above. If the average number of employees is from two to five, an additional fifteen dollars per annum is charged.
D. Any other business or businesses shall pay to the city, unless such business is otherwise specifically taxed by other provisions of this title, an annual license tax of fifty dollars per annum, plus an additional sum based upon the average number of employees in such business according to the following schedule:
1. If the average number of employees is from two to five, an additional twenty-five dollars per annum is charged.
2. If the average number of employees is from six to twelve, an additional fifty dollars per annum is charged.
3. If the average number of employees is from thirteen to twenty-five, an additional ninety-seven dollars and fifty cents is charged.
4. If the average number of employees is from twenty-six to fifty, an additional one hundred twenty-two dollars and fifty cents per annum is charged.
5. If the average number of employees is from fifty-one to one hundred, an additional two hundred twenty-two dollars and fifty cents per annum is charged.
6. If the average number of employees is one hundred and one or more, an additional three hundred thirty-five dollars per annum is charged. (Ord. 923 § 4.1, 1977; Ord. 1007 § 1, 1978; Ord. 1634, Amended, 02/11/2000) § 5.12.020. Apartments.
Apartments shall be licensed at the rate of four dollars for each dwelling unit per annum. Apartment, as used in this title, means a structure having two or more dwelling units offered for rent. (Ord. 923 § 4.2, 1977)
§ 5.12.030. Hotels, motels.
Hotels and motels shall be licensed at the rate of three dollars for each dwelling unit per annum. (Ord. 923 § 4.3, 1977)
§ 5.12.040. Trailer parks.
Trailer parks shall be licensed at the rate of two dollars for each trailer space per annum. (Ord. 923 § 4.4, 1977) § 5.12.050. Home occupations.
Commencing, transacting or carrying on any business in the home in a residential zone where Item 11.b
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§ 5.12.050
VACAVILLE CODE § 5.12.070
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the annual gross receipts are one thousand dollars or less shall be governed by Section 5.16.010. Home occupations whose gross receipts exceed one thousand dollars shall pay a license fee as provided in Section 5.12.010. In addition, home occupations shall comply with all other provisions for home occupations required by this code. (Ord. 923 § 4.5, 1977; Ord. 1634, Amended, 02/11/2000)
§ 5.12.060. Maximum tax per each location or branch.
The maximum amount required to be paid by any person under the provisions of Section
5.12.010 for engaging in any business or businesses at any one location or branch in the city shall be five hundred dollars. The maximum amount required to be paid by any person under the provisions of Sections 5.12.020, 5.12.030 and
5.12.040 shall be three hundred fifty dollars. (Ord. 923 § 4.6, 1977) § 5.12.070. Increases CPI Adjustment.
The minimum gross receipts threshold and all flat rates for calculating the business license fee in the City of Vacaville may be adjusted annually based on cost of livingthe Consumer Price Index (CPI) for All Urban Consumers, as published by the U.S. Bureau of Labor Statistics. The adjusted flat rates will be effective at the beginning of each fiscal year and will be communicated to all affected businesses by the Tax Collector.
Using July 1, 1977 as the base year, whenever the San Francisco Bay Area Bureau of Labor Statistics Consumer Price Index increases by ten percent, the city tax collector shall notify the city council. Upon such notification, the city council may increase license fees by the cost of living increase rounded off to the nearest dollar. Such increase shall take effect on July 1st of each year.
(Ord. 923 § 4.7, 1977)
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City of Vacaville, CA
§ 5.12.050
VACAVILLE CODE § 5.12.070
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Vacaville Municipal Code
Chapter 5.12 LICENSE TAXES
The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through
CHAPTER
Item 11.b
City of Vacaville, CA
§ 5.16.010
BUSINESS TAXES, LICENSES AND REGULATIONS § 5.16.050
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City of Vacaville, CA
§ 5.16.010
BUSINESS TAXES, LICENSES AND REGULATIONS § 5.16.050
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Chapter 5.16
EXEMPTIONS AND EXCLUSIONS1EXCLUSIONS
§ The following are exempted from the payment of a license tax under this chapter:
5.16.010. Minimum gross receipts.
A. Any person transacting business within the city and having a fixed place of business in the city or operating out of histheir home in the city having gross receipts for the license tax year of less than one thousand dollars shall not be required to pay a license tax; provided, however, that such person shall be required to comply with all the provisions of this title pertaining to transacting business within the city and may be required by the tax collector to file a statement certifying to the fact that his gross receipts from such business transacted within the city were less than one thousand dollars within such license year.
B. This exemption shall apply to persons whose place of business, whether it is a fixed place of business or the individual's home, is maintained for said business purposes for at least three months out of each license year.
(Ord. 923 § 5.1, 1977)
§ 5.16.020.
5.16.020 State and Federal Exemptions
Any business exempt from the tax by the laws of the United States or the State of California is exempt from paying the business tax that would otherwise be due.
5.16.030 Minors, sixteeneighteen years and younger.
Every natural person of the age of sixteeneighteen years and under whose annual gross receipts from any and all businesses are one thousand dollars or less shall be exempt from payment of any license tax under the provisions of this title.
(Ord. 923 § 5.2, 1977)
§ 5.16.030. 040Charitable organizations.
The following organizations shall be exempt from the payment of a business license tax under the provisions of this title:
Any charitable institution, organization or association organized for charitable purposes and conducted for charitable purposes only.
(Ord. 923 § 5.3, 1977)
§ 5.16.040. 050Charitable entertainments.
Any person conducting or staging any concert, exhibition, lecture, dance, amusement or entertainment where the receipts, if any, derived therefrom are to be used solely for charitable or benevolent purposes and not for private gain shall be exempt from the payment of any business license tax under the provisions of this title. (Ord. 923 § 5.4, 1977)
§ 5.16.050. 060Nonprofit organizations.
The following organizations or associations shall be exempt from the payment of any business license tax imposed by the provisions of this title upon any of the following businesses, entertainments or activities:
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BUSINESS TAXES, LICENSES AND REGULATIONS § 5.16.050
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City of Vacaville, CA
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BUSINESS TAXES, LICENSES AND REGULATIONS § 5.16.050
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A. A. Any religious, fraternal, student cooperative, educational, military, state, county or
1. For statutory provisions which provide exemptions to municipal licensing of businesses, see California Business and Professions Code §§16000 et seq.
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City of Vacaville, CA
§ 5.16.050
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municipal organization or association for the conducting of any business which business is open to the members thereof only and not open to the public;
B. B. Any religious, fraternal, educational, military, state, county or municipal organization or association for the conducting or staging of any amusement or entertainment, concert, exhibition, lecture, dance or athletic event, when the receipts derived are to be used wholly for the benefit of such organization and not for private gain of any person; C. C. Any student organization, association or cooperative sanctioned by the educational institution from which the membership is drawn, for the conducting or staging of any amusement or entertainment, concert, exhibition, lecture, dance or athletic event when the receipts derived are to be used wholly for the benefit of such organization and not for private gain of any person;
D. D. Any organization or association for the conducting or staging of any amusement or entertainment, concert, exhibition, lecture, dance or athletic event, when the use of the premises upon which activity is conducted or staged is a municipal use. Municipal use is a use or performance which benefits the city as a whole or an organization or activity which benefits the city as a whole, and which is sponsored by an organization deriving all or part of its income from the city, or is for the benefit of an organization or activity supported in whole or part by the city. (Ord. 923 §5.5, 1977). (Ord. 923 § 5.5, 1977)
§ 5.16.060. 070Receipts for private gain prohibited.
For the purposes of Sections 5.16.040050 and 5.16.050060, the payment of necessary expenses incurred in the conducting or staging of any amusement or entertainment, concert, exhibition, lecture, dance or athletic event from the receipts derived therefrom shall not be deemed to be the use of said receipts for private gain of any Person. (Ord. 923 § 5.6, 1977)
§ 5.16.070. 080Teachers.
The provisions of this title shall not require the payment of license tax for the teaching of musical, artistic or educational subjects when the following conditions exist:
A. A. The teaching is done at the residence of the teacher or at the residence of the pupil, or pursuant to a contract for services with the city of Vacaville recreation department; B. B. The teacher employeesemploys no assistant, does not display an advertising sign at the residence, and does not make a general practice of selling merchandise in connection with the teaching. (Ord. 923 § 5.7, 1977; Ord. 1280 § 1, 1986)
§ 5.16.080. 090Employees.
Any natural person who is engaged in any of the businesses, professions, or occupations mentioned in this chapter, solely as ana W-2 employee of any otheranother person or entity lawfully conducting, managing, or carrying on any sucha business inwithin the city, and who holds no ownership interest and does not owner,act as a partner, associate or, principal, or independent contractor in such business, shall be exempt from the business license tax imposed under this chapter.
This exemption shall not apply to individuals operating as independent contractors, including but not limited to hairstylists, real estate agents, or others who are considered to be conducting business on their own behalf. Such individuals shall be subject to all applicable business license tax requirements.
5.16.100 Veterans.
A veteran who is honorably discharged or honorably relieved from the Armed Forces of the United States, and who is the sole proprietor of a business selling or providing services, shall not be required to pay any local business license fees.
This exemption does not apply to any business that sells or distributes spirituous, malt, vinous, or other intoxicating liquor. Upon applying for such license, the veteran shall exhibit to the Tax Collector satisfactory evidence of eligibility.
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City of Vacaville, CA
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5.16.110 Claims for exemption.
A. Any person seeking an exemption from payment of anythe business license tax on said business, profession or occupation. (Ord. 923 § 5.8, 1977)must apply using forms provided by the Tax Collector and must submit all required information and sworn statements.
If the
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City of Vacaville, CA
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§ 5.16.090. Interstate commerce.
Every peddler, solicitor or other person claiming to be entitled to exemption from the payment of any business license provided for in this title upon the ground that such license casts a burden upon his right to engage in commerce with foreign nations or among the several states or conflicts with the regulations of the United States Congress respecting interstate commerce shall file a verified statement with the tax collector disclosing the interstate or other character of his business entitling such exemption. Such statement shall state the name and location of the company or firm for which the orders are to be solicited or secured, the name of the nearest local or state manager, if any, and his address, the kind of goods, wares, or merchandise to be delivered, the place from which the same are to be shipped or forwarded, the method of solicitation or taking orders, the method of delivery, the name and location of the residence of the applicant, and any other fact necessary to establish such claim for exemption. (Ord. 923 § 5.9, 1977)
§ 5.16.100. Disabled veterans.
Any person who has received an honorable discharge or release from active duty in one of the United States armed services who is physically unable to obtain a livelihood by manual labor and who is a voter of this state shall be entitled to a license under the provisions of this title, without payment of tax therefor, to distribute circulars or to hawk, peddle and vend any goods, wares, or merchandise owned by him, exceptspirituous, malt, vinous or other intoxicating liquor, provided, however, that such person first exhibit to the tax collector, upon applying for such license, satisfactory evidence of his eligibility therefor.
(Ord. 923 § 5.10, 1977)
§ 5.16.110. Blind persons.
Any blind person or any indigent person who by reason of the infirmities of age, loss of limb or other disabling cause is unable to obtain livelihood by other means than street vending or entertaining or house-to-house selling shall be entitled to a tax-exempt license. For all persons who are not bona fide residents of the city, this exemption shall not cover a period which exceeds two days in any one month.
(Ord. 923 § 5.11, 1977)
B. § Tax Collector determines that the applicant qualifies for an exemption under this title, a free license shall be issued.
The license shall clearly state that the license tax is exempt.
5.16.120. Claims for exemption.
Any person desiring to claim exemption from the payment of a license tax shall make application therefor upon forms prescribed by the tax collector and shall furnish such information and make such affidavits as may be required. Upon the determination being made that the applicant is entitled to exemption from the payment of license taxes for any reason set forth in this title, the tax collector shall issue a free license to such person which shall show upon its face that the license tax is exempt. This section shall not apply to natural persons engaged in any business solely as an employee of another person and not as an owner, partner, associate or principal in such business.
(Ord. 923 § 5.12, 1977)
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City of Vacaville, CA
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§ 5.16.130. Revocation of exemption.
The tax collectorTax Collector may revoke any free exempt license granted pursuant to the provisions of this titlechapter upon any information received that the licensee is not entitled to anthe exemption from payment of a license on
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the business for which such license is grantedas provided therein. Notice of revocation shall be given in the same manner and within the same time as is provided for notices of assessment in Section 5.20.120060, and the licensee shall have the same right of hearing and of appeal as is provided in Sections 5.20.060 and 5.20.070.
5.20.120 and 5.20.130.
(Ord. 923 § 5.13, 1977)
§ 5.16.140. 130Exclusions.
A. A. Except as may be otherwise specifically provided in this title, the terms of this chapter shall not be deemed or construed to apply to any of the following businesses engaged in by any of the following persons:
1. 1. Any person engaged in the business of operating cigarette and vaping product vending machines, jukeboxes or other mechanical amusement devices shall not be governed by any section of Chapter 155.08 but shall comply with all sections of Chapter 5.36 and any amendments thereto;
2. 2. Any person engaged in the business of operating a taxicab shall not be governed by any section of Chapter
5.08 but shall comply with all sections of Chapter 5.32 and any amendments thereto;
3. 3. Any gas or electric public utility which pays to the city a tax under any franchise agreement with the city;
4. 4. Banks, including national banking associations to the extent provided by Article XIII, Section 16, subdivision l(a) of the State Constitution;
5. 5. Insurance companies and associations as to the extent provided by Article XIII, Section 14 of the State Constitution;
6. 6. Any person whomwho the city is not authorized to license for revenue purposes only because of under any law or constitution of the United States or the state.
B. The tax collectorTax Collector may require the filing of a verified statement from any person claiming to be excluded by the provisions of this section, which statement shall set forth all facts upon which the exclusion is claimed.
(Ord. 923 § 5.14, 1977)
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Vacaville Municipal Code
Chapter 5.16 EXEMPTIONS AND EXCLUSIONS
The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through
CHAPTER
Item 11.b
City of Vacaville, CA
§ 5.20.010
BUSINESS TAXES, LICENSES AND REGULATIONS § 5.20.060
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City of Vacaville, CA
§ 5.20.010
BUSINESS TAXES, LICENSES AND REGULATIONS § 5.20.060
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Chapter 5.20
ADMINISTRATION AND ENFORCEMENT
§ 5.20.010. Business License Tax constitutes debt.
The amount of any license tax and Liability and Proof
A. Any tax, penalty , and interest imposed by provisions of this title shall be deemed a debt to the city, and any person carrying on any business without first having procured a license a licensee under this title fromis a debt owed by the licensee to the city to do so shall, which may be liable torecovered in an action in name offiled by the city in anya court of competent jurisdiction for the amount of the license tax and penalties on such business.
(Ord. 923 § 6.1, 1977)
§ 5.20.020. Evidence of liability.
B. In any action brought under or arising out of any ofthe provisions ofunder this title, the fact that a party thereto represented himselfthemselves as engaged in anya business for the transaction of whichrequiring a license is required under this title, or that such party exhibiteddisplayed a sign indicating such business, shall be conclusive evidence of the liability of such party to pay for a license for such business. (Ord. 923 § 6.2, 1977)
§
5.20.030. Act of doing business.
For the purpose of this title, any person shall be deemed to be in business and subject to the provisions of this title who does one act of selling, offering for sale, or taking an order for any goods, wares, merchandise, article, thing or service, or offering or soliciting for compensation the rental of any automobile for hire, or furnishing or offering to furnish for compensation bail to any person in any criminal proceeding, or of making a delivery. (Ord. 923 § 6.3, 1977)
§ 5.20.040.020 Enforcement.
It shall be the duty of the tax collector, and he is directed, to enforce each and all of the provisions of this title and the chief of police shall render such assistance in the enforcement of this title as may from time to time be required by the tax collector. Each department of the city which issues permits for work to be done shall require the production of a valid unexpired license prior to the issuance of such a permit when appropriate.
(Ord. 923 § 6.4, 1977)
§ 5.20.050. and Inspection of premises.
A. The tax collector, in the exercise of the duties imposed upon him, and acting through his deputies, may inspect and examine all places of business in the city to ascertain whether or not the Tax Collector shall enforce all provisions of this title have been complied with. (Ord. 923 § 6.5, 1977)
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City of Vacaville, CA
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§ 5.20.060. Examination of records.
. The tax collector and his deputies shall have power to audit and examine all books and records, and, where necessary all equipment, of any person engaged in business in the city, for the purpose of ascertaining the amount of business license tax, if any, Chief of Police (and his/her authorized designee) shall render assistance as required to be paid by the provisions hereof, and for the purpose of verifying any statements, or any item thereof,Tax Collector. All other City departments that issue permits shall require a valid, unexpired license prior to issuing a permit when filed by any person pursuant to the provisions of this title. If such person, after written demandappropriate.
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by the tax collector or his deputy, refuses to make available for audit, examination or verification such books or records as the tax collector or his deputy requests, the tax collector may, after full consideration of all information within his knowledge concerning the business and activities of the person so refusing, make an assessment in the manner provided in Section 5.20.120 of any taxes estimated to be due.
(Ord. 923 § 6.6, 1977)
§ 5.20.070. Inspection of licenses.
The tax collector and each and all of his deputies and any B. The Tax Collector, any of his or her authorized deputies, and any city police officer shall have the power and authority to enter, free ofwithout charge, and at any reasonable time, any place of business requiredwithin the city that is subject to be licensed inlicensing under this title. Such entry may be made for the purpose of:
1. Inspecting and request anexamining the premises to determine whether the provisions of this title are being complied with; and
2. Requesting exhibition of itsthe valid business license certificate theretofore issued, in his possession or under his control, who pursuant to this title.
Any person who willfully refuses or fails to exhibit the same ona valid business license certificate upon request shall be guilty of a misdemeanor and subject to the penalties provided in this title. (Ord. 923 § 6.7, 1977)
§ 5.20.080. Compromise of claims.
The tax collector, with the written approval of the city attorney030 Audits and subject to the provisions of this title, may compromise a claim for business taxes where the portion of the claim proposed to be released is one hundred dollars or less; and with the approval of the city council may approve such claim where the portion to be released amounts to more than one hundred dollars. (Ord. 923Examination of records.
A. The Tax Collector or their deputies may audit any business’s books, records, or equipment to verify business license tax filings and determine taxes owed.
B. A written demand may be issued requiring the business to provide access to the requested materials.
C. If the business refuses to comply with the written demand, the Tax Collector may rely on available information to estimate the tax due.
i.
An §6.8, 19775.
§ 5.20.090. Rule promulgation.
The tax collector may make such rules and regulations as are not inconsistent with the provisions of this title as may be necessary or desirable to aid in the enforcement of the provisions of this title. When, by reason of the provisions of the Constitution of the United States or the Constitution of California, the business license tax imposed by this title cannot be enforced without there being an apportionment according to the amount of business done in the city or in the state, as the case may be, the tax collector may make such rules and regulations for the apportionment of the tax as are necessary or desirable to overcome the constitutional objections.
Such rules and regulations shall be approved by the city attorney prior to becoming effective.
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City of Vacaville, CA
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(Ord. 923 § 6.9, 1977)
D. § estimated assessment may then be issued under section 5.20.060 based on the Tax Collector’s judgment of the business’s activities.
5.20.100. 040 Deficiency determinations.
A. If the tax collector is not satisfiedTax Collector determines that anya statement or return filed as required under the provisions of this title is correctincorrect, incomplete, or that the amount of the tax reported is correctly computed, heinaccurate, the Tax Collector may compute and determinerecalculate the correct amount to be paid and make a deficiencydue. This determination upon the basis of the facts contained in the statement or upon the basis of any may be based on the information provided in his possessionthe filing or on any other information available to the Tax Collector.
B. The thatTax Collector may come into his possession. Oneissue one or more deficiency determinations of the amount of tax due for aany tax period or periods may be made. Whenif it appears that additional tax is owed.
C. If a person discontinues engaging in astops conducting business, in the city, the Tax Collector may issue a deficiency determination may be made at for any time within one year thereafter as to any tax liability arising from engaging in such related to that business whether or not a deficiency determination is issued prior towithin one (1) year after the business ends, even if the regular due date for the tax would otherwise be due. has not yet passed.
D. Whenever a deficiency determination is made, a noticethe Tax Collector shall be given to the person concerned provide written notice to the taxpayer. The notice shall be served in the same manner as notices of assessment are given under Section 5.20.120060.
(Ord. 923 § 6.10, 1977)
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BUSINESS TAXES, LICENSES AND REGULATIONS § 5.20.120
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City of Vacaville, CA
§ 5.20.110
BUSINESS TAXES, LICENSES AND REGULATIONS § 5.20.120
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§
5.20.110. 050 Time of mailing.
A. Whenever anyIf a payment, statement, report, request, or other required communication is received by the tax collector is received Tax Collector after the deadline, it may still be considered on time prescribed by this title for the receipt thereof, but is in anif:
1. The envelope bearingin which it was received bears a United States Postal Service postmark showingindicating that it was mailed prior to the time prescribed in this title for the receipt thereof,on or wheneverbefore the prescribed due date; or
2. The tax collector is furnishedsender provides substantial proofand credible evidence that the payment, statement, report, request or other communication was in factitem was deposited in the United States mail on or before the due date.
B.
B. Upon prior to the time prescribed for receipt thereof, the tax collector may regard such payments, statement, report, request or other communication as having been verification of either condition, the Tax Collector may treat the item as timely received. (Ord. 923 § 6.11, 1977) § 5.20.120. Assessment.060 Enforcement Process
A. This section authorizes the city to initially assess a business license tax on any entity reasonably suspected of conducting business within the city without a valid business license. Reasonable suspicion may be based on factors such as the presence of a website, signage, advertising, or other indicators of business activity. The Finance Director may use any information available to make the assessment. The tax will be calculated based on the rates applicable to similar or comparable business types. A written notice of the tax assessment will be mailed to the business. If the business does not file an appeal within the designated appeal period, the assessment will be deemed accurate and accepted. At that point, the city may initiate the collection process for any unpaid taxes.
B. A licensee who receives a notice may, within 10 days, contest the notice and request an informal hearing before the Finance Director by filing with the Finance Director a written request for an informal hearing. The further accrual of penalties and interest shall be tolled upon the filing of a request for a hearing. If a licensee does not contest the notice and request an informal hearing within 10 days of service, the notice is final and cannot be appealed.
C. If a licensee timely contests the notice and requests an informal hearing, the Finance Director must set an informal hearing within 30 days of the filing of the request for a hearing or as soon thereafter as reasonably practical. Notice of the hearing must be served on the licensee either personally or by U.S. mail to the most recent address for the licensee in the Finance Director’s records.
D. At the informal hearing, the licensee may present evidence and arguments regarding the tax assessment to show why it is incorrect and to show what the determination of the Finance Director should be. Within 60 days after the close of the hearing or as soon thereafter as reasonably practical, the Finance Director must serve a final letter setting forth the Finance Director’s determination of the facts and issues that were the subject of the initial assessment. The final determination must be served on the licensee either personally or by U.S. mail to the most recent address for the licensee in the Finance Director’s records. Unless an appeal of a final determination is filed under section 5.20.070, any penalties or interest tolled under subdivision (B) of this section will resume accruing 10 days after the service of the final determination.
5.20.070 Appeal.
A. Any person aggrieved by any decision of the Finance Director concerning the amount of such license taxes may appeal to the City Manager by filing a notice of appeal with the City Manager, within ten (10) days of the Finance Director’s final determination. The City Manager shall thereupon fix a time and place for hearing such appeal. The City Manager shall give notice to such person of the time and place of the hearing by serving it personally or by depositing it in the United States Post Office in Vacaville, California, postage prepaid, addressed to such person at his last known address. The hearing shall be held within forty-five (45) days of the filing of the notice of appeal, or as soon as is reasonably practicable. The City Manager shall have the authority to determine all questions raised on such appeal. The Item 11.b
City of Vacaville, CA
§ 5.20.110
BUSINESS TAXES, LICENSES AND REGULATIONS § 5.20.120
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City of Vacaville, CA
§ 5.20.110
BUSINESS TAXES, LICENSES AND REGULATIONS § 5.20.120
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City Manager shall issue a written decision within thirty (30) days of the close of the hearing. No such determination shall conflict with any substantive provision of this chapter.
1. A. Any Under any of the following circumstances, the tax collector may make and give notice of an assessment of the amount of tax owed by a person under this title:
1. Iftheperson has not filedany statement orreturn required undertheprovisions of this title;
2. If the person has not paid any tax due under the provisions of this title;
3. If the person has not, after request by the tax collector, filed a corrected statement or return, or furnished to the tax collector adequate substantiation of the information contained in a statement or return already filed, or paid any additional amount of tax due under the provisions of this title.
The notice of assessment shall separately set forth the amount of any tax known by the tax collector to be due or estimated by the tax collector, after full consideration of all information within his knowledge concerning the business and activities of the person assessed, to be due under each applicable section of this title, and shall include the amount of any penalties or interest accrued on each amount to the date of the notice of assessment.
B. The notice of assessment shall be served upon the person either by handing it to him personally, or by a deposit of the notice in the United States mail, postage prepaid thereon, addressed to the person at the address of the location of the business appearing on the face of the business license issued to him or to such other address as he registers with the tax collector forthe purpose ofreceiving notice provided under this title; or, should the person have no license issued to him and should he have no address registered with the tax collector for such purpose, then to such person's last known address. For the purpose of this section, a service by mail is complete at the time of deposit in the United States mail.
C. Within ten days after the date of service the person may apply in writing to the tax collector for a hearing on the assessment. If the application for a hearing before the tax collector is not made within the time prescribed in this section, the license tax assessed by the tax collector shall become final and conclusive. Within thirty days of the receipt of any such application for hearing, the tax collector shall cause the matter to be set for hearing before him not later than thirty days after the date of application, unless a later date is agreed to by the tax collector and the person requesting the hearing. Notice of such hearing shall be given by the tax collector to the person requesting such hearing not later than five days prior to such hearing. At such hearing said applicant may appear and offer evidence why the assessment as made by the tax collector should not be confirmed and fixed as a license tax. After such hearing the tax collector shall determine and reassess the proper tax to be Item 11.b
City of Vacaville, CA
§ 5.20.120
VACAVILLE CODE § 5.20.150
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charged and shall forthwith give notice thereof to the licensee in the manner prescribed in this section for giving notice of assessment.
(Ord. 923 § 6.12, 1977)
§ 5.20.130. Appeal.
Any person aggrieved by any decision of an administrative officer with respect to the issuance or refusal to issue a license under this title, or with respect to the amount of a license tax payable may, after exhausting other administrative remedies available to him, appeal to the city council by filing written notice of appeal with the city clerk within ten days after the final administrative decision. Said notice shall briefly state the grounds relied upon for such appeal. If such notice of appeal is filed within the time prescribed, the city council shall, within thirty days after filing of said notice of appeal with the city clerk, cause the matter to be set for hearing before the council within sixty days from and after the date of filing of the notice of appeal with the city clerk, unless a later date is agreed to by the council and by the appellant. The council shall cause notice of the time and place of such hearing to be given by the city clerk to the appellant and to the tax collector not less than ten days prior to the time of such hearing. The city clerk shall give such notice by serving it personally, or by depositing it in the United States mail in Vacaville, California, postage prepaid, addressed to the appellant at the address shown on the notice of appeal, or if not shown on the notice, at the address of appellant appearing on his last license record. The council may continue the hearing from time to time. At the hearing, the council shall consider all evidence offered by the appellant and by the city. The determination of the council shall be final and conclusive, and notice thereof shall be served upon appellant in the manner prescribed in this section for service of notice of the hearing. The amount of any license tax finally determined, as provided in this section, shall be due and payable, together with any penalties which may be due thereon; provided, however, if the amount of such license tax is fixed in accordance with the original statement of the applicant, no penalty shall attach by reason of any delinquency. In the event no appeal is taken to the council from a decision of an administrative officer or agency with respect to the issuance or refusal to issue a license, or with respect to the amount of the license tax, the decision of such administrative officer or agency shall become final and conclusive on expiration of the time fixed for appeal to the council. (Ord. 923 § 6.13, 1977)
B. § 5.20.140. person aggrieved by any decision of the City Manager concerning the amount of such license taxes may appeal to the Council by filing a notice of appeal with the Clerk of the Council, within fifteen (15) days of the City Manager’s final determination. The Council shall thereupon fix a time and place for hearing such an appeal. The Clerk of the Council shall give notice to such person of the time and place of the hearing by serving it personally or by depositing it in the United States Post Office at Vacaville, California, postage prepaid, addressed to such person at his last known address. The hearing shall be held within forty-five (45) days of the filing of the notice of appeal, or as soon as is reasonably practicable. The Clerk of the Council shall serve written notice of the Council's decision on the appellant within ten (10) days of the date of the hearing at which the decision was made. The City Council shall have the authority to determine all questions raised on such appeal. No such determination shall conflict with any substantive provision of this chapter.
C. The decision of the Council shall be final. Upon final determination, the Tax Collector shall have the duty to collect the amount of license taxes as determined.
5.20.080 Penalty for violation.
Any person violating any of the provisions of this title or any regulation or rule passed in accordance therewith or intentionally misrepresenting to any officer or employee of this city any material fact in procuring the license or permit provided for in this title shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by fine or imprisonment, or both.
(Ord. 923 § 6.14, 1977; Ord. 1769, Amended, 9/12/2006)
Item 11.b
City of Vacaville, CA
§ 5.20.120
VACAVILLE CODE § 5.20.150
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§ 5.20.150. 090Criminal and civil remedies not exclusive.
The conviction and punishment of any person for failure to pay the required license tax shall not excuse or exempt such person from any civil action for the license tax debt unpaid at the time of such conviction. No civil action shall prevent a criminal prosecution for any violation of the provisions of this title or of any state law requiring the payment of all license taxes.
(Ord. 923 § 6.15, 1977)
Item 11.b
Vacaville Municipal Code
Chapter 5.20 ADMINISTRATION AND
ENFORCEMENT
The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through II
SPECIFIC BUSINESS REGULATIONS
CHAPTER
Item 11.b
City of Vacaville, CA
§ 5.20.120
VACAVILLE CODE § 5.20.150
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Vacaville Municipal Code
II. Specific Business Regulations
The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through II. Specific Business Regulations
Item 11.b
City of Vacaville, CA
§ 5.24.010
BUSINESS TAXES, LICENSES AND REGULATIONS § 5.24.050
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City of Vacaville, CA
§ 5.24.010
BUSINESS TAXES, LICENSES AND REGULATIONS § 5.24.050
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Chapter 5.24
BINGO
BINGO2
§ 5.24.010. Authority.
This chapter is enacted pursuant to Article IV, Section 19 of the California Constitution. Ord. 901 (part), 1976:
prior code §14.26).
§ 5.24.020. Conduct authorized.
Pursuant to Penal Code Section 326.5, bingo games are authorized to be conducted within the city limits, subject to the provisions of this chapter.
(Prior code § 14.27; Ord. 901 (part), 1976)
§ 5.24.030. Bingo defined.
"“Bingo"” or "“bingo games"” means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on cards that conform to numbers or symbols selected at random. Notwithstanding State Penal Code Section 330c, as used in this section, the game of bingo shall include cards having numbers or symbols that are concealed and preprinted in a manner providing for distribution of prizes. The winning cards shall not be known prior to the game or prior to the time of purchase by any person participating in the playing or operation of the bingo game. All such preprinted cards shall bear the legend, "“for sale or use only in a bingo game authorized under California law and pursuant to local ordinance.".”
(Ord. 1088 § 1(part), 1980; Ord. 1168 § 1, 1982; Ord. 1361 § 1, 1988; Ord. 1516 § 1, 1994) § 5.24.040. License – Required.
No bingo game shall be allowed, played or conducted without a license first being obtained from the city. Licenses shall be effective either for a single event or for the calendar year in which issued. (Prior code § 14.29; Ord. 901 (part), 1976; Ord. 1055, 1980; Ord. 1516 § 2, 1994) § 5.24.050. License – Application – Contents.
An application for a bingo license shall be filed in the office of the director of finance. The application for such license shall be signed and verified by the applicant and shall set forth the following information:
A. A. The name and address of the organization to which the license will be issued; B. B. Whether or not the application is for a single permit or a calendar year license; C. C. The name, address and telephone number of the applicant, who shall be a duly authorized representative of the applying organization;
D. D. The name, address and telephone number of the president or chief officer of the
2. For statutory provisions on bingo games for charity, see Penal Code §326.5.
Item 11.b
City of Vacaville, CA
§ 5.24.050
VACAVILLE CODE § 5.24.061
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City of Vacaville, CA
§ 5.24.050
VACAVILLE CODE § 5.24.061
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organization which intends to conduct any bingo game;
E. E. The person who has custody of the financial records of bingo games which are required by the provisions of this chapter, and the location of said records;
F. F. The location where the bingo game is intended to be held; G. G. The day or days of the week or specific dates upon which the bingo games are to be conducted, and the hours thereof;
H. H. A schedule of fees or charges to be collected from players for each bingo game, or for different varieties of bingo games being conducted,
I. I. A statement that the place where the bingo games are to be conducted is property owned or leased by the organization or property whose use is donated to the organization, and which property is used by the organization for an office or for performance of the purposes for which the organization is organized; J. J. Each application for a bingo license shall be accompanied by a written resolution of the governing board or body of the organization which is to conduct such games, officer of said organization and its secretary, authorizing the application for a bingo license;
K. K. Each application for a bingo license shall be accompanied by a certificate issued by the Franchise Tax Board of the state of California or by the Internal Revenue Service certifying the tax-exempt status of the organization applying for said license.
(Prior code § 14.30; Ord. 901 (part), 1976; Ord. 1516 § 3, 1994) § 5.24.060. License – Application – Fees.
A. A. All applications for bingo licenses shall be accompanied by an application fee of fifty dollars, of which fifty percent shall be refunded should the license be denied.
B. B. The office of the director of finance shall verify the tax-exempt status of the applying organization and shall verify that the bingo games shall be conducted on property owned or leased by the organization or property whose use is donated to the organization, and which is used by that organization for an office or for the performance for the purposes for which the organization is organized.
C. C. The city director of finance shall forward the application to the chief of police, who shall find and determine that:
1. 1. The conduct of such bingo games at the times and at the place indicated will not disturb the peace of the neighborhood and will not create substantial traffic or parking problems; and
2. 2. Neither the applying organization, nor any person listed in the application, has violated any laws and regulations of the city regarding building, fire, health or safety, or provisions of the ordinance on a previous occasion, and that the applicant has not knowingly and with intent to deceive made any false, misleading, or fraudulent statement of facts in his application or any other documents required by the city to be submitted in connection with the application.
(Prior code § 14.31; Ord. 901 (part), 1976; Ord. 1118, 1981; Ord. 1516 § 4, 1994) Item 11.b
City of Vacaville, CA
§ 5.24.061
BUSINESS TAXES, LICENSES AND REGULATIONS § 5.24.070
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City of Vacaville, CA
§ 5.24.061
BUSINESS TAXES, LICENSES AND REGULATIONS § 5.24.070
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§ 5.24.061. Monthly payments.
A. A. In addition to the fee provided for in subsection 5.24.060(A) of this chapter, each licensee shall pay, on a monthly basis, a fee for law enforcement and public safety costs incurred by the city that are directly related to bingo activities, as permitted by California Penal Code Section 326.5(1l)(2). Such fee shall not exceed the actual costs incurred by the city in providing such services and shall be assessed against the total value of prizes awarded in a month over one thousand five hundred dollars.
B. B. The additional fee shall be due and payable on the first day of each month and shall be paid to the office of the director of finance, together with such information as the director of finance may require. A licensee'slicensee’s failure to submit payment of the additional fee within thirty days of the fee'sfee’s due date shall be grounds for suspension or revocation of a licensee'slicensee’s license to conduct bingo games.
C. C. Licensees awarding less than one thousand five hundred dollars in prizes during any calendar month shall not be required to pay the fee required under this section. However, such licensees shall:
1. 1. Report, on a monthly basis, such information as the director of finance may require, including, but not limited to, the gross revenue, attendance, number of games, and the total amount of prizes awarded during the preceding month. Such report shall be submitted to the office of the director of finance not later than thirty days following the last day of the month for which the report is made. Failure to submit the report within such time period shall be grounds for suspension or revocation of the licensee'slicensee’s license to conduct bingo games.
2. 2. Post in a prominent and conspicuous place at the location where the bingo games are played a sign notifying game participants that: "“This organization qualifies for the small game exemption provided for under Section
5.24.061 of the Vacaville Municipal Code and, as such, is exempt from certain provisions of the Vacaville Bingo Ordinance.".”
D. D. The city or its representative shall have the right to inspect or audit the licensee'slicensee’s records to determine if proper payments have been made to the city. The cost of such inspection or audit shall be borne by the licensee if the inspection or audit results in increasing, by more than two percent, the licensee'slicensee’s payment to the city in any calendar year.
(Ord. 1516 § 5, 1994; Ord. 1562 § 1, 1996; Ord. 1569 § 1, 1997) § 5.24.070. License – Suspension or revocation.
A. A. Calendar year licenses to conduct bingo games shall be suspended by the chief of police for a period up to thirty days if the licensee has violated any of the provisions of this chapter. Prior to the suspension, the licensee shall be given notice and the opportunity to be heard. Such hearings shall be before the chief of police, and a notice shall be given at least five days prior to such hearing, which notice shall contain the grounds set forth for the proposed suspension. Any person may appeal the ruling of the chief of police to the city council within ten days in writing after the ruling has been rendered. Upon the mailing of the notice of suspension, the licensee organization and any person acting in its behalf shall not conduct any bingo games for the duration of the suspension, unless and until such time as the city council acts favorably on the appeal.
Item 11.b
City of Vacaville, CA
§ 5.24.070
VACAVILLE CODE § 5.24.080
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City of Vacaville, CA
§ 5.24.070
VACAVILLE CODE § 5.24.080
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B. B. If the chief of police in his discretion feels that revocation is warranted, he shall request the city council to revoke said license. Upon receipt of the request of the chief of police, the council shall set a public hearing to consider the revocation, and shall cause notice to be issued to the licensee of such hearing at least ten days prior to the hearing.
The city council may revoke any bingo license upon a finding that any provision of this chapter has been violated. No organization or person listed on a license application may reapply or be granted a bingo license within two years of revocation by the council.
C. C. If, as a result of any violation of this chapter, a license is suspended or revoked, the licensee shall, at the city'scity’s option, reimburse the city for the costs reasonably incurred by the city in investigating the violation. Such costs shall be limited to the costs of investigating and reviewing the licensee'slicensee’s books, records and activities by the city or its representative.
(Prior code § 14.32; Ord. 901 (part), 1976; Ord. 1516 § 6, 1994) § 5.24.080. Conduct of bingo games.
A. A. It is a misdemeanor, punishable by a fine not to exceed ten thousand dollars, as authorized by Penal Code Section 326.5(c), for any person to receive a profit, wage or salary from any bingo game.
B. B. No minors shall be allowed to participate in any bingo game.
C. C. A licensee shall conduct bingo games only on property owned or leased by it or property whose use is donated to the organization, and which property is used by that organization for an office or for performance of the purposes for which the organization is organized.
D. D. All bingo games shall be open to the public, not just the members of the nonprofit, charitable organization.
E. E. 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 any bingo game. Only the licensee organization shall operate such game or participate in the promotion, supervision or any other phase of such game. This subsection does not preclude the employment of security personnel who are not members of the authorized organization at such bingo game by the organization conducting the bingo game.
F. F. No individual corporation, partnership, or other legal entity except the licensee organization shall hold a financial interest in the conduct of any bingo game.
G. G. All profits derived from any bingo game shall be kept in a special fund or account and shall not be comingledcomingled with any other fund or account.
H. H. 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.
I. I. For each separate game of bingo which is held, the total value of prizes available to be awarded during the conduct of such game shall not exceed, in cash or kind, the amount specified in Section 326.5 of the California Penal Code, as such section may be amended or renumbered from time to time.
J. J. All books and records of income and expensesshall be maintained at the principal place of business of the licensee organization or at such other place as it may designate in writing. Such books and records shall be open to inspection and audit by a city representative at Item 11.b
City of Vacaville, CA
§ 5.24.080
BUSINESS TAXES, LICENSES AND REGULATIONS § 5.24.100
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City of Vacaville, CA
§ 5.24.080
BUSINESS TAXES, LICENSES AND REGULATIONS § 5.24.100
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least once in each calendar year or at such reasonable times as the chief of police or director of finance determines necessary to protect the health, safety and welfare of the citizens.
K. K. In addition to subsections A through J of this section, the game of bingo, which includes cards having numbers or symbols which are concealed and preprinted in a manner providing for distribution of prizes to certain combinations of numbers or symbols upon uncovering or disclosure of the same, shall be subject to the following rules and regulations:
1. 1. It shall be conducted only by an organization which is licensed to conduct a bingo game in which prizes are awarded on the basis of designated numbers or symbols on a card which conforms to numbers or symbols selected at random.
2. 2. It shall be conducted only at the time and place described in subsections 5.24.050(F) and (G).
3. 3. No person participating in the operation of a bingo game shall purchase a card on the night or day of his or her bingo participation. Notwithstanding the foregoing, persons participating in the operation of a bingo game, other than the bingo caller(s), may purchase cards on the night or day of his or her bingo participation, provided:
a. a. The total value of prizes awarded does not exceed:
i. i. One hundred dollars in cash or kind, or both, for each separate game which is held; and ii. ii. Five hundred dollars in cash or kind, or both, for any day on which bingo is played. b. b. The total number of persons participating in a game is less than one hundred. (Prior code § 14.33; Ord. 901 (part), 1976; Ord. 1088 § 1(part), 1980; Ord. 1168 § 2, 1982; Ord. 1516 §§ 7 – 10, 1994; Ord. 1569 § 2, 1997; Ord. 1853, Amended, 03/26/2013) § 5.24.090. Co-sponsoring bingo games.
Organizations authorized and properly licensed to conduct bingo games under this code may jointly conduct a bingo game, provided:
A. A. Each such organization possesses a valid bingo license as required by this chapter at the time of such game; B. B. No more than one of the co-sponsoring organizations is conducting bingo games during the then-current calendar month;
C. C. The co-sponsoring organizations jointly prepare and submit to the director of finance for such games a single monthly report and fee, as required under Section 5.24.061; D. D. The total value of prizes exempt from the payment of fees for such jointly sponsored games does not exceed one thousand five hundred dollars per month, as provided by Section 5.24.061; and E. E. No single organization shall exemptclaim an exemption from the payment of such fees more thanfor prizes exceeding one thousand five hundred dollars thein total value of prizes awarded in a month. (Ord. 1569 § 4, 1997)
Item 11.b
City of Vacaville, CA
§ 5.24.100
VACAVILLE CODE § 5.24.110
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§ 5.24.100. Penalty for violation.
Any person violating any provision of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be subject to fine or imprisonment, or both.
(Prior code § 14.34; Ord. 901 (part), 1976; Ord. 1569 § 3, 1997; Ord. 1769, Amended, 9/12/ 2006)
§ 5.24.110. Violation deemed nuisance.
In addition to the criminal penalties provided by this code, violation of any provision of this chapter is a public nuisance, which may be abated by the city pursuant to Chapter 8.10. (Prior code § 14.35; Ord. 901 (part), 1976; Ord. 1569 § 3, 1997; Ord. 1721, Amended, 09/10/ 2004)
Item 11.b
City of Vacaville, CA
§ 5.24.100
VACAVILLE CODE § 5.24.110
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Vacaville Municipal Code
Chapter 5.24 BINGO
The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through
CHAPTER
Item 11.b
City of Vacaville, CA
§ 5.25.010
BUSINESS TAXES, LICENSES AND REGULATIONS § 5.25.010
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City of Vacaville, CA
§ 5.25.010
BUSINESS TAXES, LICENSES AND REGULATIONS § 5.25.010
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Chapter 5.25
BINGO HALLS
§ 5.25.010. Definitions.
The following words and phrases, whenever used in this chapter, shall have the following meanings, unless it shall be apparent from the context that they have a different meaning. All words in the present tense shall include the future tense. All words in the singular shall include the plural and all words in the plural shall include the singular, unless the natural construction of the wording indicates otherwise. The word "“shall"” is mandatory and the word "“may"” is discretionary.
A. "A. “Bingo"” or "“bingo games"” means a game of chance as defined in Section 5.24.030 of this code.
B. "B. “Bingo hall"” means a facility or place that is rented, leased, donated or otherwise allocated to a person or persons possessing a bingo license pursuant to Chapter 5.24 of this code for the purpose of operating or conducting bingo games.
C. "C. “Bingo hall equipment"” means supplies, materials, and equipment needed or used to conduct a bingo game including, but not limited to, bingo cards, boards, machinery, tables, and chairs.
D. "D. “Bingo hall license"” means a license issued by the city permitting a person to operate and maintain a bingo hall within the city limits.
E. "E. “Bingo hall owner"” means and includes the holder of a bingo hall license, the owner(s) of a bingo hall business, and all persons having a legal or equitable interest in the bingo hall or bingo hall business.
F. "F. “Business license"” means a business license issued by the city pursuant to Title 5 of this code.
G. "G. “Chief of police"” means the chief of police of the city or his or her designee.
H. "H. “Director of finance"” means the city'scity’s director of finance or his or her designee.
I. "I. “Employee"” means any person who renders any service in connection with the operation or maintenance of a bingo hall and who receives compensation from a bingo hall owner or operator.
J. "J. “Licensee"” means the holder of a bingo hall license, including the holder'sholder’s employees, agents, and representatives.
K. "K. “Manager"” means the person or individual principally in charge of the bingo hall.
L. "Manager'sL. “Manager’s permit"” means a permit issued by the chief of police to a manager of a bingo hall.
M. "M. “Organization"” means an organization or group authorized and licensed to conduct bingo games pursuant to Penal Code Section 326.5 and Chapter 5.24 of this code.
N. "N. “Person"” means any individual, partnership, firm, association, company, corporation, or combination of individuals of whatever form or character.
Item 11.b
City of Vacaville, CA
§ 5.25.010
VACAVILLE CODE § 5.25.040
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City of Vacaville, CA
§ 5.25.010
VACAVILLE CODE § 5.25.040
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(Ord. 1528 § 1(part), 1995)
§ 5.25.020. Applicability.
The provisions of this chapter shall apply to facilities or places within the city when such facilities or places are used as a bingo hall and shall not apply when such facilities or places are used for other purposes. (Ord. 1528 § 1(part), 1995)
§ 5.25.030. License required.
No person shall operate or maintain a bingo hall within the city limits without first having obtained from the city a bingo hall license and a city business license:. If a person operates or maintains more than one bingo hall within the city limits, a bingo hall license and city business license shall be obtained for each bingo hall. (Ord. 1528 § 1(part), 1995)
§ 5.25.040. License application.
An application for a bingo hall license shall be filed withand submitted to the chiefCity Hall. The application shall first be reviewed by the Finance Director or his/her authorized designee. Upon approval, the application shall be forwarded to the Chief of police.Police or his/her authorized designee for final review and approval. The application shall specify the following information:
A. A. The applicant'sapplicant’s name, address, and telephone number; B. B. If the applicant is a sole proprietorship, the full name, address, telephone number, date of birth, driver'sdriver’s license number, and criminal convictions (other than misdemeanor traffic violations) of the sole proprietor;
C. C. If the applicant is a partnership, the full name, address, telephone number, date of birth, driver'sdriver’s license number, and criminal convictions (other than misdemeanor traffic violations) of each general and limited partner; D. D. If the applicant is a corporation, the full name, address, telephone number, date of birth, driver'sdriver’s license number, and criminal convictions (other than misdemeanor traffic violations) of each officer and director of the corporation and of each stockholder owning ten percent or more of the stock of the corporation; E. E. A non-refundable application fee, the amount of which shall be set, from time to time, by resolution of the city council. Such fee shall fully reimburse the city for any and all costs associated with processing the application and may be based on an average of all such costs or based upon individual costs for a specific application or a combination of both approaches;
F. F. Authorization for the chief of police 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 a bingo hall license. Such authorization shall constitute a waiver by the applicant of the confidentiality of the information obtained and reviewed by the chief of police, such as, but not limited to, the information contained in any police record or medical report; G. G. The location and size of the proposed bingo hall; H. H. Copies of any executed or proposed leases or agreements between the applicant and the organizations intending to use the bingo hall for bingo games;
Item 11.b
City of Vacaville, CA
§ 5.25.040
BUSINESS TAXES, LICENSES AND REGULATIONS § 5.25.050
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City of Vacaville, CA
§ 5.25.040
BUSINESS TAXES, LICENSES AND REGULATIONS § 5.25.050
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I. I. A detailed description of:
1. 1. All activities to be conducted at the bingo hall,
2. 2. The services, equipment, and resources to be provided by the applicant to the organizations conducting bingo games at the bingo hall,
3. 3. The days and hours of operation of the bingo hall,
4. 4. The name, address, and telephone number of each organization intending to conduct bingo games at the bingo hall, and
5. 5. The manner or method in which time or use of the bingo hall will be allocated among such organizations; J. J. Such other information that the chief of police may deem necessary to investigate the applicant'sapplicant’s character and qualifications to operate a bingo hall.
(Ord. 1528 § 1(part), 1995)
§ 5.25.050. License issuance.
The chief of police shall approve an application for a bingo hall license, subject to conditions imposed by the chief of police on the exercise of such license, upon the determination that:
A. A. The applicant has submitted a complete license application; B. B. The applicant has not knowingly made any false, misleading, or fraudulent statement in the license application or in any document required by the city or the chief of police in conjunction therewith; C. C. The bingo hall, as proposed by the applicant, if permitted, will not violate any law; and D. D. The applicant, if an individual; or any of the stockholders owning ten percent or more of the stock of the corporation and any of the officers and directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; and the manager of the bingo hall, have not:
1. 1. Had a license similar to a bingo hall license previously suspended or revoked,
2. 2. Been convicted of any state or federal law that regulates racketeering or organized crime activity such as, by way of example, the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. Section 1961 et seq.), and
3. 3. Been convicted of any of the following offenses:
a. a. Offenses involving the use of force or violence upon the person of another that amounts to a felony, or
b. b. Offenses involving arson, theft, fraud, deceit, misrepresentation, or dishonesty, whether felony or misdemeanor.
The chief of police, however, may disregard any conviction that occurred at least ten years prior to the date of the application, provided the person convicted has had no subsequent felony convictions of any kind and no subsequent misdemeanor convictions for the offenses described above.
Item 11.b
City of Vacaville, CA
§ 5.25.050
VACAVILLE CODE § 5.25.080
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City of Vacaville, CA
§ 5.25.050
VACAVILLE CODE § 5.25.080
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(Ord. 1528 § 1(part), 1995)
§ 5.25.060. Manager's Manager’s permit.
No person shall manage or supervise a bingo hall until a manager'smanager’s permit has been issued to that person by the chief of police.
A. A. An application for a manager'smanager’s permit shall specify the person'sperson’s full name, address, telephone number, date of birth, driver'sdriver’s license number, and criminal convictions (other than misdemeanor traffic violations).
B. B. The application shall be accompanied by an application fee, the amount of which shall be set, from time to time, by resolution of the city council. Such fee shall fully reimburse the City for any and all costs associated with processing the application and may be based on an average of all such costs or based upon individual costs for a specific application or a combination of both approaches.
(Ord. 1528 § 1(part), 1995)
§ 5.25.070. Permit issuance.
The chief of police shall approve an application for a manager'smanager’s permit upon the determination that:
A. A. The applicant has submitted a complete permit application; B. B. The applicant has not knowingly made any false, misleading, or fraudulent statement in the permit application or in any document required by the city or the chief of police in conjunction therewith; and C. C. The applicant has not:
1. 1. Had a permit similar to a manager'smanager’s permit previously suspended or revoked,
2. 2. Been convicted of any state or federal law that regulates racketeering or organized crime activity such as, by way of example, the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. Section 1961 et seq.), and
3. 3. Been convicted of any of the following offenses:
a. a. An offense involving the use of force or the person of another that amounts to a felony, or violence upon the person of another that amounts to a felony, or b. b. An offense involving arson, theft, fraud, deceit, misrepresentation, or dishonesty, whether felony or misdemeanor.
The chief of police, however, may disregard any conviction that occurred at least ten years prior to the date of the application, provided the applicant has had no subsequent felony convictions of any kind and no subsequent misdemeanor convictions for the offenses described above. (Ord. 1528 § 1(part), 1995)
§ 5.25.080. Assignment of license or permit.
No bingo hall license or manager'smanager’s permit may be assigned, transferred, sold, or conveyed Item 11.b
City of Vacaville, CA
§ 5.25.080
BUSINESS TAXES, LICENSES AND REGULATIONS § 5.25.100
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City of Vacaville, CA
§ 5.25.080
BUSINESS TAXES, LICENSES AND REGULATIONS § 5.25.100
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without the prior written permission of the chief of police. Any attempt to so assign, transfer, sell, or convey such license or permit shall be void and of no effect and shall be grounds for revocation of said license or permit by the chief of police. (Ord. 1528 §1(part), 1995).
(Ord. 1528 § 1(part), 1995)
§ 5.25.090. Other permits and approvals.
The approval or issuance of any permit under this chapter shall be in addition to any other approval or permit required by this code or by any other law, rule, or regulation. The approval or issuance of any permit hereunder shall not negate the need to satisfy any and all other requirements prescribed by this code or by any other law, rule, or regulation including, but not limited to, any and all applicable land use, building, and zoning regulations. (Ord. 1528 § 1(part), 1995)
§ 5.25.100. Use restrictions.
Bingo halls shall be subject to the following restrictions:
A. A. No person shall sell, give, dispense, provide, keep, or consume, or cause to be sold, given, dispensed, provided, kept, or consumed any alcoholic beverage on the premises of the bingo hall.
B. B. Section 9.65.040(A) of this code notwithstanding, smoking shall be permitted in the bingo hall provided there is an enclosed, ventilated area or room in the bingo hall for nonsmokers of a size that is adequate to accommodate all nonsmoking bingo game participants.
C. C. Security shall be provided by the organization conducting the bingo game in accordance with the security measures that the chief of police may impose as a condition of approval of the bingo hall license.
D. D. Bingo games shall not be conducted by persons, groups, or organizations not authorized and licensed to conduct bingo games under Penal Code Section 326.5 and Chapter 5.24 of this code. Licensees shall verify in advance of a bingo game that the organization conducting the bingo game is authorized and properly licensed to conduct bingo games as provided in this code. All bingo games conducted at the bingo hall shall be conducted in accordance with Penal Code Section 326.5 and Chapter 5.24 of this code.
E. E. Local organizations authorized and properly licensed to conduct bingo games under this code shall have priority use of the bingo hall. For the purpose of this subsection, "“local organizations"” shall mean organizations whose principal purpose is to provide financial assistance or support to persons residing within the city. However, should the demand by local organizations be inadequate to make full use of the bingo hall, the bingo hall may be used by nonlocal organizations authorized and properly licensed to conduct bingo games under this code.
F. F. Licensees and managers shall not operate or staff a bingo game nor shall they participate in the promotion, supervision, or any other phase of such game. Licensees or managers may provide instruction or training to the organization conducting the bingo game, provided such instruction or training is provided to the organization at no charge.
G. G. Any agreement or lease for the use of the bingo hall, equipment, or services (e.g., janitorial services, food services, etc.) by an organization authorized and licensed to conduct bingo Item 11.b
City of Vacaville, CA
§ 5.25.100
VACAVILLE CODE § 5.25.120
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City of Vacaville, CA
§ 5.25.100
VACAVILLE CODE § 5.25.120
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games shall be in writing and executed prior to the organization'sorganization’s use of the bingo hall, equipment, or services. Compensation or rent charged for use of the bingo hall, equipment, or services shall not be calculated or based on a percentage share of the proceeds derived from a bingo game. Such compensation or rent shall be a flat charge or rate agreed to in advance of the organization'sorganization’s use of the bingo hall, equipment, or services.
Compensation or rent charged for the use of the bingo hall, equipment, and services shall not exceed the fair market value of comparably-equipped building space in Solano County.
H. H. With the exception of compensation or rent received for the use of the bingo hall, equipment, or services, no licensee or manager shall have a financial interest in a bingo game conducted at the bingo hall.
I. I. The licensee may not require as a condition of a lease or rental agreement that the organization rent or purchase bingo game equipment, supplies, or services from the licensee. (Ord. 1528 § 1(part), 1995; Ord. 1569 §§ 5, 6, 1997)
§ 5.25.110. Examination or audit of financial records.
The licensee shall keep full, complete, and accurate records of the income received and expenses disbursed in connection with the licensee'slicensee’s operation of the bingo hall. The city'scity’s director of finance may specify the manner in which such records shall be maintained by the licensee. The director of finance shall have the further right to examine or audit such records during normal business hours and the licensee shall fully cooperate with such examination or audit by making such records available to the director of finance. Failure to cooperate with the director of finance will be grounds for revocation of a bingo hall license. If, as a result of such examination or audit, the director of finance determines that the licensee is in violation of any provision of this chapter, code, or state law, or any condition of the bingo hall license:
A. A. The licensee shall promptly reimburse the city for the full cost of such examination or audit; and B. B. The chief of police may suspend or revoke the bingo shallhall license in accordance with Section 5.25.150 of this chapter.
(Ord. 1528 § 1(part), 1995)
§ 5.25.120. Annual Review – Inspections.
A. A. The chief of police may conduct an annual review of the bingo hall and its operation to ensure that the bingo hall is being operated in compliance with the provisions of the bingo hall license and this chapter. The annual review shall be conducted at a time and date set by the chief of police. Notice of the annual review shall be given to the bingo hall owner or manager not less than ten days prior to the date of the annual review. The bingo hall owner and manager shall cooperate with the chief of police during such review. Failure to cooperate with the chief of police will be grounds for revocation of a bingo hall license. If the chief of police fails to conduct the annual review, such failure shall not be deemed to be a waiver of the right to conduct an annual review in any subsequent year. The city council may establish a nonrefundable annual review fee, the amount of which shall be set, from time to time, by resolution of the city council.
Such fee shall fully reimburse the city for any and all costs associated with processing the application and may be based on an average of all such costs or based upon individual costs for a specific application or a combination of both approaches.
Item 11.b
City of Vacaville, CA
§ 5.25.120
BUSINESS TAXES, LICENSES AND REGULATIONS § 5.25.150
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City of Vacaville, CA
§ 5.25.120
BUSINESS TAXES, LICENSES AND REGULATIONS § 5.25.150
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combination of both approaches.
B. B. In addition to the annual review specified in subsection (A) of this section, the chief of police or the director of finance shall have the right to enter upon the bingo hall premises during normal hours of operation for the purpose of inspecting the bingo hall and its operation. Such entry and inspection may be made without prior notice to the licensee or the bingo hall manager. At all other times, the chief of police or the director of finance may enter upon the bingo hall premises for the purpose of inspecting the bingo hall and its operation, provided the licensee or bingo hall operator is given not less than twenty-four hours'hours’ prior notice of the entry and inspection. Failure to allow entry following the receipt of such notice shall be grounds for revocation of a bingo hall license. (Ord. 1528 § 1(part), 1995)
§ 5.25.130. Suspension or revocation of a bingo hall license.
The chief of police may suspend or revoke a bingo hall license if the chief of police or the director of finance determines that the licensee has violated any provision of this chapter, code, or state law or any condition of a bingo hall license.
Such suspension or revocation proceedings shall be conducted in accordance with Section 5.25.150 of this chapter (Ord. 1528 § 1(part), 1995)
§ 5.25.140. Suspension or revocation of a manager'smanager’s permit.
The chief of police may suspend or revoke a manager'smanager’s permit if the chief of police determines that the manager has been convicted of any offense which would be cause for denial of a manager'smanager’s permit upon an original application, has made a false statement on an application for a manager'smanager’s permit, or has committed an act in violation of this chapter, code, or state law. Such suspension or revocation proceedings shall be conducted in accordance with Section 5.25.150 of this chapter.
(Ord. 1528 § 1(part), 1995)
§ 5.25.150. Suspension and revocation proceedings.
A. A. A bingo hall license or manager'smanager’s permit may not be suspended or revoked until the following has occurred. The chief of police shall provide written notice to the licensee or manager of the intended action. The notice shall be personally served upon the licensee or manager or delivered by postage pre-paid, first class mail. The notice shall set forth the following:
1. 1. That the chief of police intends to suspend or revoke the license or permit;
2. 2. The reasons for the proposed suspension or revocation;
3. 3. The effective date and time of such suspension or revocation;
4. 4. The licensee or manager'smanager’s right to request a hearing before the chief of police, provided such request is made in writing and is received by the chief of police by five p.m. on the tenth day following the licensee or permit holder’s receipt of the notice; and
p.m. on the tenth day following the licensee or permit holder's receipt of the notice; and
5. 5. The licensee or manager'smanager’s right to challenge the intended action, to confront the charges, and to present evidence on his or her behalf at the hearing.
Item 11.b
City of Vacaville, CA
§ 5.25.150
VACAVILLE CODE § 5.25.150
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B. B. If the chief of police does not receive a written request for a hearing from the licensee or manager within the time period specified above, the chief of police may suspend or revoke the license or permit without any further notice or proceedings. Such suspension or revocation shall be final and not subject to appeal.
C. C. If the chief of police receives a written request for a hearing from the licensee or manager within the time period specified above, the chief of police shall conduct the hearing and shall render a decision not later than thirty days from the conclusion of the hearing. The decision shall be in writing and shall be personally served upon the licensee or manager or delivered by postage prepaid, first class mail. The decision of the chief of police may be appealed to the city council, provided written notice of the appeal is received by the city clerk by five p.m. on the tenth day following the date of receipt of the decision by the licensee or manager. If notice of the appeal is not received by the city clerk within such time period, the decision of the chief of police shall be final and not subject to further appeal.
D. D. If notice of the appeal is received by the city clerk within such time period, the city council shall hear the appeal and shall uphold, overrule, or modify the decision of the chief of police. The decision of the city council shall be final and shall not be subject to appeal.
(Ord. 1528 § 1(part), 1995)
Item 11.b
City of Vacaville, CA
§ 5.25.150
VACAVILLE CODE § 5.25.150
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Vacaville Municipal Code
Chapter 5.25 BINGO HALLS
The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through
CHAPTER
Item 11.b
City of Vacaville, CA
§ 5.26.010
BUSINESS TAXES, LICENSES AND REGULATIONS § 5.26.040
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City of Vacaville, CA
§ 5.26.010
BUSINESS TAXES, LICENSES AND REGULATIONS § 5.26.040
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Chapter 5.26
BINGO SUPPLIERS
§ 5.26.010. Definitions.
The following words and phrases, whenever used in this chapter, shall have the following meanings, unless it shall be apparent from the context that they have a different meaning. All words in the present tense shall include the future tense. All words in the singular shall include the plural and all words in the plural shall include the singular, unless the natural construction of the wording indicates otherwise. The word "“shall"” is mandatory and the word "“may"” is discretionary.
A. "A. “Bingo"” or "“bingo games"” means a game of chance as defined in Section 5.24.030 of this code.
B. "B. “Bingo supplies"” means equipment, supplies, products, goods, or other items used to conduct a bingo game.
C. "C. “Bingo supplier"” or "“supplier"” means any person or entity that sells, rents, leases, or otherwise provides bingo supplies for use in the conduct of a bingo game.
D. "D. “Bingo supplier license"” or "“license"” means a license issued by the city permitting a person to sell, rent, lease, or otherwise provide bingo supplies.
E. "E. “Business license"” means a business license issued by the city pursuant to Title 5 of this code.
F. "F. “Chief of police"” means the chief of police of the city or his or her designee.
G. "G. “Director of finance"” means the city'scity’s director of finance or his or her designee.
H. "H. “Licensee"” means the holder of a bingo supplier license issued by the city permitting a person to sell, rent, lease, or otherwise provide bingo supplies within the city limits.
I. "I. “Person"” means any individual, partnership, firm, association, company, corporation, or combination of individuals of whatever form or character.
(Ord. 1569 § 7(part), 1997)
§ 5.26.020. Applicability.
The provisions of this chapter shall apply to persons who sell, rent, lease, or otherwise provide bingo supplies for use within the city limits.
(Ord. 1569 § 7(part), 1997)
§ 5.26.030. License required.
No person shall sell, rent, lease, or otherwise provide bingo supplies for use within the city limits without first having obtained from the city a bingo supplier license and a city business license, whether or not the person operates from a fixed location within the city.
(Ord. 1569 § 7(part), 1997)
Item 11.b
City of Vacaville, CA
§ 5.26.040
VACAVILLE CODE § 5.26.050
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City of Vacaville, CA
§ 5.26.040
VACAVILLE CODE § 5.26.050
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§ 5.26.040. License application.
An application for a bingo supplier license shall be filed with the chief of police. The application shall specify the following information:
A. A. The applicant'sapplicant’s name, address, and telephone number; B. B. If the applicant is a sole proprietorship, the full name, address, telephone number, date of birth, driver license number, and criminal convictions (other than misdemeanor traffic violations) of the sole proprietor; C. C. If the applicant is a partnership, the full name, address, telephone number, date of birth, driver license number, and criminal convictions (other than misdemeanor traffic violations) of each general and limited partner; D. D. If the applicant is a corporation, the full name, address, telephone number, date of birth, driver license number, and criminal convictions (other than misdemeanor traffic violations) of each officer and director of the corporation and of each stockholder owning ten percent or more of the stock of the corporation; E. E. A nonrefundable fee, the amount of which shall be set, from time to time, by resolution of the city council.
Such fee shall fully reimburse the city for any and all costs associated with processing the application and may be based on an average of all such costs or based upon individual costs for a specific application or a combination of both approaches;
F. F. Authorization for the chief of police 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 a bingo supplier license. Such authorization shall constitute a waiver by the applicant of the confidentiallyconfidentiality of the information obtained and reviewed by the chief of police, such as, but not limited to, the information contained in any police record or medical report;
G. G. Such other information that the chief of police may deem necessary to investigate the applicant'sapplicant’s character and qualifications to sell, rent, lease, or otherwise provide bingo supplies within the city limits.
(Ord. 1569 § 7(part), 1997)
§ 5.26.050. License issuance.
The chief of police shall approve an application for a bingo supplier license, subject to conditions imposed by the chief of police on the exercise of such license, upon the determination that:
A. A. The applicant has submitted a complete license application; B. B. The applicant has not knowingly made any false, misleading, or fraudulent statement in the license application or in any document required by the chief of police in conjunction therewith; C. C. The applicant, if an individual; or any of the stockholders owning ten percent or more of the stock of the corporation and any of the officers and directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership, have not:
1. 1. Had a license similar to a bingo supplier license previously suspended or revoked; Item 11.b
City of Vacaville, CA
§ 5.26.050
BUSINESS TAXES, LICENSES AND REGULATIONS § 5.26.080
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City of Vacaville, CA
§ 5.26.050
BUSINESS TAXES, LICENSES AND REGULATIONS § 5.26.080
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2. 2. Been convicted of any state or federal law that regulates racketeering or organized crime activity such as, by way of example, the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. §1961 et seq.); and
3. 3. Been convicted of any of the following offenses:
a. a. Offenses involving the use of force or violence upon the person of another that amounts to a felony, or
b. b. Offenses involving arson, theft, fraud, deceit, misrepresentation, or dishonesty, whether felony or misdemeanor.
The chief of police, however, may disregard any conviction that occurred at least ten years prior to the date of the application, provided the person convicted has had no subsequent felony convictions of any kind and no subsequent misdemeanor convictions for the offenses described above. (Ord. 1569 § 7(part), 1997)
§ 5.26.060. Assignment of license.
No bingo supplier license may be assigned, transferred, sold, or conveyed without the prior written permission of the chief of police. Any attempt to so assign, transfer, sell, or convey such license shall be void and of no effect and shall be grounds for revocation of said license by the chief of police. (Ord. 1569 § 7(part), 1997)
§ 5.26.070. Other permits and approvals.
The approval of any license under this chapter shall be in addition to any other license, approval or permit required by this code or by any other law, rule or regulation. The approval or issuance of any license hereunder shall not negate the need to satisfy any and all other requirements prescribed by this code or by any other law, rule, or regulation. (Ord. 1569 § 7(part), 1997)
§ 5.26.080. Records.
A. A. A licensee shall maintain and keep full and accurate records of all inventory, income received, and expenses disbursed in connection with the sale, rental, lease, or provision of any bingo supplies for use in the conduct of bingo games and as necessary to determine or establish compliance with this code and other applicable laws, rules, and regulations, as they may be amended from time to time, pertaining to the licensee'slicensee’s operations. The records shall be maintained in such manner as may be prescribed by the director of finance or, when not so prescribed, in a manner consistent with generally accepted accounting principles and practices.
B. B. The director of finance shall have the right to inspect or audit the records described in subsection A during normal business hours to ensure compliance with the provisions of this code and other applicable laws, rules, and regulations pertaining to the licensee'slicensee’s operations. The inspection or audit shall be conducted at a time and date set by the director of finance. Notice of the inspection or audit shall be given to the licensee not less than ten days prior to the date of the inspection or audit. The licensee shall cooperate with the director of finance during the inspection or audit. Failure to cooperate with the director of finance will be grounds for revocation of a bingo supplier license.
Item 11.b
City of Vacaville, CA
§ 5.26.080
VACAVILLE CODE § 5.26.120
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City of Vacaville, CA
§ 5.26.080
VACAVILLE CODE § 5.26.120
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finance will be grounds for revocation of a bingo supplier license. (Ord. 1569 § 7(part), 1997)
§ 5.26.090. Participation in bingo games prohibited.
Bingo games shall be operated and staffed only by members of the authorized organization which organized it. Licensees shall not organize, manage, supervise, conduct, control, or otherwise participate in or influence either the operation of any bingo game conducted in the city or the promotion thereof. (Ord. 1569 § 7(part), 1997)
§ 5.26.100. Prohibition on financial interest in bingo games.
With the exception of compensation received from the sale, rent, lease, or provision of bingo supplies, no licensee shall have a financial interest in the conduct of a bingo game operated in the city. For the purpose of this section, "“financial interest in the conduct of a bingo game,",” shall include, but not be limited to when:
A. A. The price of the bingo supplies is adjusted based on the profits, losses, or tax exempt status of the person using the bingo supplies;
B. B. The price of the bingo supplies is based on a percentage of bingo game revenues, receipts, proceeds, profits, or prizes;
C. C. The licensee absorbs, shares, or otherwise participates in the losses or profits of the person conducting the bingo game;
D. D. The licensee fails to charge for bingo supplies;
E. E. The licensee fails to collect on an unpaid account or invoice that is past due sixty or more days from the date of delivery of the bingo supplies;
F. F. The licensee limits the purchases or rental of bingo supplies to a particular bingo supplier; or G. G. The licensee advances or receives a loan from the person conducting the bingo game. For the purpose of this subsection, a loan shall not include an invoice or account that is not more than sixty days past due, as provided in subsection E of this section.
(Ord. 1569 § 7(part), 1997)
§ 5.26.110. Suspension or revocation of a bingo supplier license.
The chief of police may suspend or revoke a bingo supplier license if the chief of police or the director of finance determines that the licensee has violated any provision of this chapter, code, or state law or any condition of a bingo supplier license. Such suspension or revocation proceedings shall be conducted in accordance with Section 5.26.120 of this chapter.
(Ord. 1569 § 7(part), 1997)
§ 5.26.120. Suspension and revocation proceedings.
A. A. A bingo supplier license may not be suspended or revoked until the following has occurred. The chief of police shall provide written notice to the licensee of the intended action. The notice shall be personally served upon the licensee or delivered by postage prepaid, first class mail. The notice shall set forth the following:
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class mail. 1. The notice shall set forth the following:
1. That the chief of police intends to suspend or revoke the license;
2. 2. The reasons for the proposed suspension or revocation;
3. 3. The effective date and time of such suspension or revocation;
4. 4. The licensee'slicensee’s right to request a hearing before the chief of police, provided such request is made in writing and is received by the chief of police by five p.m. on the tenth day following the licensee'slicensee’s receipt of the notice; and
5. 5. The licensee'slicensee’s right to challenge the intended action, to confront the charges, and to present evidence on his or her behalf at the hearing.
B. B. If the chief of police does not receive a written request for a hearing from the licensee within the time period specified above, the chief of police may suspend or revoke the license without any further notice or proceedings. Such suspension or revocation shall be final and not subject to appeal.
C. C. If the chief of police receives a written request for a hearing from the licensee within the time period specified above, the chief of police shall conduct the hearing and shall render a decision not later than thirty days from the conclusion of the hearing. The decision shall be in writing and shall be personally served upon the licensee or delivered by postage prepaid, first class mail. The decision of the chief of police may be appealed to the city council, provided written notice of the appeal is received by the city clerk by five p.m. on the tenth day following the date of receipt of the decision by the licensee. If notice of the appeal is not received by the city clerk within such time period, the decision of the chief of police shall be final and not subject to further appeal.
D. D. If notice of the appeal is received by the city clerk within such time period, the city council shall hear the appeal and shall uphold, overrule, or modify the decision of the chief of police. The decision of the city council shall be final and shall not be subject to appeal. (Ord. 1569 §7(part), 1997). (Ord. 1569 § 7(part), 1997)
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Vacaville Municipal Code
Chapter 5.26 BINGO SUPPLIERS
The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through
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City of Vacaville, CA
§ 5.32.010
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Chapter 5.32
TAXICABS
TAXICABS3
§ 5.32.010. Definitions.
The following words and phrases when used in this chapter have the meanings as set out in this section:
A. "A. “Call box stand"” means a place alongside a street, or elsewhere, where the city council has authorized a holder of a certificate of public convenience and necessity to install a telephone or call box for the taking of calls and the dispatching of taxicabs or to maintain a cab stand.
B. "B. “Certificate"” means a certificate of public convenience and necessity issued by the city council authorizing the holder thereof to conduct a taxicab business in the city.
C. "C. “Cruising"” means the driving of a taxicab on the streets, alleys, or public places of the city in search of or soliciting prospective passengers for hire.
D. "Driver'sD. “Driver’s permit"” means the permission granted by the chief of police to a person to drive a taxicab upon the streets of the city.
E. "E. “Holder"” means a person to whom a certificate of public convenience and necessity has been issued.
F. "F. “Manifest"” means a daily record prepared by a taxicab driver of all trips made by said driver showing time and place of origin, destination, number of passengers, and the amount of fare of each trip.
G. "G. “Open stand"” means a public place alongside the curb of a street or elsewhere, in the city which has been designated by the city council as reserved exclusively for the use of taxicabs.
H. "H. “Person"” includes an individual, a corporation or other legal entity, a partnership, and any unincorporated association.
I. "I. “Rate card"” means a card issued by the city council for display in each taxicab which contains the rates of fare then in force.
J. "J. “Taxicab"” means a motor vehicle regularly engaged in the business of carrying passengers for hire, having a seating capacity of less than eight persons and not operated on a fixed route.
K. "K. “Waiting time"” means the time when a taxicab is not in motion from any time of acceptance of a passenger or passengers to the time of discharge, but does not include any time that the taxicab is not in motion if due to any cause other than the request, act or fault of a passenger or passengers. (Ord. 1054 § 1(part), 1980)
3. For statutory provisions authorizing cities to license and regulate vehicles for hire, see Vehicle Code §§16501, 21100 and 21112; for provisions on the financial responsibility of commercial passenger vehicles, see Vehicle Code §16500 et seq.
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§ 5.32.020. Certificate – Required.
No person shall operate or permit a taxicab owned or controlled by himthem to be operated as a vehicle for hire upon the streets of the city without having first obtained a certificate of public convenience and necessity from the city council.
(Ord. 1054 § 1(part), 1980)
§ 5.32.030. Certificate – Application.
An application for a certificate of public convenience and necessity shall be filed, in duplicate, with the office of the city clerk upon forms provided by the city together with a non-refundable application fee set by resolution of the city council.
The application shall be verified under oath and shall furnish the following information:
A. A. The name and address of the applicant;
B. B. The financial status of the applicant, including the amounts of all unpaid judgments against the applicant and the nature of the transaction or acts giving rise to said judgments; C. C. The experience of the applicant in the transportation of the passengers; D. D. Any facts which the applicant believes tend to prove that public convenience and necessity require the granting of a certificate;
E. E. The number of vehicles to be operated or controlled by the applicant; F. F. The color scheme or insignia to be used to designate the vehicle or vehicles of the applicant:
G. G. Such further information as the chief of police of the city may require. (Ord. 1054 § 1(part), 1980; Ord. 1624, Amended, 09/14/1999, Effective date 10/13/1999) § 5.32.040. Certificate – Copy to police chief.
On receipt of an application for a certificate of public convenience and necessity, the city clerk shall immediately forward a copy thereof to the chief of police.
(Ord. 1054 § 1(part), 1980)
§ 5.32.050. Certificate – Hearings.
Upon the filing of an application for a certificate of public convenience and necessity, the city clerk shall fix a time and place for a public hearing thereon. Notice of such hearing shall be given to the applicant and to all persons to whom certificates of public convenience and necessity have been theretofore issued. Any interested person may file with the city clerk a memorandum in support of or opposition to the issuance of a certificate. (Ord. 1054 § 1(part), 1980)
§ 5.32.060. Certificate – Issuance of denial.
A. A. If the city council finds that further taxicab service in the city is required by the public convenience and necessity and that the applicant is fit, willing, and able to perform such public transportation and to conform to the provisions of this chapter and the rules promulgated by the city council, then the chief of police shall issue a certificate stating the name and address of the applicant, the number of vehicles authorized under said certificate and the date of issuance; otherwise, the application shall be denied.
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and the date of issuance; otherwise, the application shall be denied.
B. B. In making the above findings, the city council shall take into consideration the number of taxicabs already in operation, whether existing transportation is adequate to meet the public need, the probable effect of increased service on local traffic conditions, and the character, experience, and responsibility of the applicant. (Ord. 1054 § 1(part), 1980)
§ 5.32.070. Certificate – Transferability.
No certificate or public convenience and necessity may be sold, assigned, mortgaged or otherwise transferred. (Ord. 1054 § 1(part), 1980)
§ 5.32.080. Certificate – Annual fees.
A. A. No certificate shall be issued or continued in operation unless the holder thereof has paid an annual license fee of fifty dollars for the right to engage in the taxicab business and five dollars per year for each vehicle operated under a certificate of public convenience and necessity.
B. B. Each permit shall be issued annually and shall expire at the end of said period. (Ord. 1054 § 1(part), 1980)
§ 5.32.090. Insurance.
No certificate of public convenience and necessity shall be issued or continued in operation unless there is in full force and effect a liability insurance policy issued by an insurance company authorized to do business in the state for each vehicle authorized, in the amount of one hundred thousand dollars for bodily injury to or death of any one person,such types and subject toamounts as required by the City's then-current insurance requirements for similar operations, as established by the limit of one hundred thousand dollars for each person injuredCity Manager or his or killed of at least three hundred thousand dollars for such injury to, or the death of, three or more persons in any one accident, and for damage to property of at least fifty thousand dollars resulting from any one accident.her designee. A copy of every policy of insurance and renewals thereof shall be provided by the applicant and filed with the chief of police. (Ord. 1054 § 1(part), 1980)
§ 5.32.100. Certificate – Quarterly fees.
No certificate of public convenience and necessity shall be issued or continued in operation unless the holder thereof has paid a quarterly license fee of ten dollars and twenty-five cents for the right to engage in the taxicab business and one dollar each quarter for each vehicle operated under a certificate of public convenience and necessity. (Ord. 1054 § 1(part), 1980)
§ 5.32.110. Driver's Driver’s license – Required.
No person shall operate a taxicab for hire upon the streets of the city, and no person who owns or controls a taxicab shall permit it to be so driven, and no taxicab licensed by the city shall be so driven at any time for hire, unless the driver of said taxicab has first obtained and then has in force a taxicab driver'sdriver’s license issued under the provisions of this chapter.
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City of Vacaville, CA
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(Ord. 1054 § 1(part), 1980)
§ 5.32.120. Driver's Driver’s license – Application.
A. A. An application for a taxicab driver'sdriver’s permit shall be filed with the chief of police on forms provided by the city. Such application shall be verified under oath and shall contain such information as the chief of police may require.
B. B. Each application shall be accompanied by a certificate from a reputable physician of the city certifying that, in his opinion, the applicant is not inflictedafflicted with any disease or infirmity which might make himthe applicant an unsafe or unsatisfactory driver.
(Ord. 1054 § 1(part), 1980)
§ 5.32.130. Driver's Driver’s license – Chauffeur'sChauffeur’s license required.
Before any application for a driver'sdriver’s license is finally passed upon by the chief of police, the applicant shall show that he has a current motor vehicle, class I, II or III license issued by the state. (Ord. 1054 § 1(part), 1980)
§ 5.32.140. Driver's Driver’s license – Investigation.
The police department shall conduct an investigation of each applicant for a taxicab driver'sdriver’s license and a report of such investigation and a copy of the traffic and police record of the applicant, if any, shall be attached to the application for the consideration of the chief of police. (Ord. 1054 § 1(part), 1980) § 5.32.150. Driver's Driver’s license – Approval or rejection.
The chief of police upon consideration of the application for a permit and the reports and certificate required to be attached thereto shall approve or reject the application. If the application is rejected, the applicant may request a personal appearance before the city manager to offer evidence why his application should be reconsidered. (Ord. 1054 § 1(part), 1980)
§ 5.32.160. Taxi permit – Contents.
A. A. Upon approval of an application for a taxicab driver'sdriver’s permit, the chief of police shall issue a permit to the applicant which shall bear the name, address, color, age, signature and photograph of the applicant.
B. B. Such permit shall be in effect for the remainder of the calendar year. A permit for every calendar year thereafter shall issue upon the payment of the annual fee unless the permit for the preceding year has been revoked. (Ord. 1054 § 1(part), 1980)
§ 5.32.170. Driver's Driver’s license – Display.
Every driver licensed under this chapter shall post his permit in such a place as to be in full view of all passengers while such driver is operating a taxicab.
(Ord. 1054 § 1(part), 1980)
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§ 5.32.180. Permit – Suspension or revocation.
The chief of police is given the authority to suspend any permit issued under this chapter for a driver'sdriver’s failing or refusing to comply with the provisions of this chapter, such suspension to last for a period of not more than twenty days. The chief of police is also given authority to revoke any permit for failure to comply with the provisions or this chapter. However, a permit may not be revoked unless the driver has received notice and has had an opportunity to present evidence in his behalf before the city manager. (Ord. 1054 § 1(part), 1980)
§ 5.32.190. Compliance required.
Every driver licensed under this chapter shall comply with all city, state and federal laws. Failure to do so will justify the chief of police suspending or revoking the permit.
(Ord. 1054 § 1 (part), 1980)
§ 5.32.200. Vehicle – Inspection.
A. A. Prior to the use and operation of any vehicle under the provisions of this chapter said vehicle shall be thoroughly examined and inspected by the police department and found to comply with such reasonable rules and regulations as may be prescribed by the chief of police. These rules and regulations shall be promulgated to provide safe transportation and shall specify such safety equipment and regulatory devices as the chief of police shall deem necessary there for.
B. B. Every vehicle operating under this chapter shall be periodically inspected by the police department at such intervals as shall be established by the chief of police to insure the continued maintenance of safe operating conditions.
C. C. Every vehicle operating under this chapter shall be kept in a clean and sanitary condition. (Ord. 1054 § 1(part), 1980)
§ 5.32.210. Vehicle – Identification.
Each taxicab shall bear on the outside the name of the owner; and, in addition, may bear an identifying design approved by the city council. No vehicle covered by the terms of this chapter shall be licensed whose color scheme, identifying design, monogram, or insignia to be used thereon shall, in the opinion of the city council, conflict with or imitate any color scheme, identifying design, monogram or insignia used on a vehicle or vehicles already operating under this chapter, in such a manner as to be misleading or tend to deceive or defraud the public; and provided further, that if, after a license has been issued for a taxicab under this chapter, the color scheme, identifying design, monogram, or insignia thereof is changed so as to be, in the opinion of the city council, in conflict with or imitates any color scheme, identifying design, monogram, or insignia used by any other person, owner or operator, in such a manner as to be misleading or tends to deceive the public, the permit of or certificate covering such taxicab or taxicabs shall be suspended or revoked. (Ord. 1054 § 1(part), 1980)
§ 5.32.220. Fare rates.
The fare rates shall be adopted by council resolution and amended by council resolution from time to time as council may determine proper.
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time to time as council may determine proper.
(Ord. 1054 § 1(part), 1980)
§ 5.32.230. Refusal to pay legal fare.
It is unlawful for any person to refuse to pay the legal fare of any of the vehicles mentioned in this chapter after having hired the same, and it is unlawful for any person to hire any vehicle defined in Section 5.32.010 with intent to defraud the person from whom it is hired of the value of such service. (Ord. 1054 § 1(part), 1980)
§ 5.32.240. Solicitation of passengers.
A. A. No driver shall solicit passengers for a taxicab except when sitting in the driver'sdriver’s compartment of such taxicab or while standing immediately adjacent to the curb side thereof.
B. B. No driver shall solicit patronage in a loud or annoying tone of voice or by sign or in any manner annoy any person or obstruct the movement of any persons, or follow any person for the purpose of soliciting patronage.
C. C. No driver, owner, or operator shall solicit passengers at the terminal of any other common carrier, nor at any intermediate points along any established route of any other common carrier. (Ord. 1054 § 1(part), 1980)
§ 5.32.250. Manner of receiving and discharging passengers.
Drivers of taxicabs shall not receive or discharge passengers in the roadway but shall pull up to the right-hand sidewalk as nearly as possible or in the absence of a sidewalk, to the extreme right-hand side of the road and there receive or discharge passengers, except upon one-way streets, where passengers may be discharged at either the right-hand or lefthand sidewalk, or side of the roadway in the absence of a sidewalk. (Ord. 1054 § 1(part), 1980)
§ 5.32.260. Cruising prohibited.
No driver of a taxicab shall cruise in search of passengers. (Ord. 1054 § 1(part), 1980) § 5.32.270. Additional passengers.
No taxicab driver shall permit any other person to occupy or ride in said taxicab unless the person or persons first employing the taxicab consent to the acceptance of additional passenger or passengers. (Ord. 1054 § 1(part), 1980)
§ 5.32.280. Refusing to carry orderly Persons prohibited.
No taxicab driver shall refuse or neglect to convey any orderly person or persons, upon request, unless previously engaged or unable or forbidden by the provisions of this chapter to do so.
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(Ord. 1054 § 1(part), 1980)
§ 5.32.290. Prohibited acts of drivers.
It is a violation of this chapter for any driver of a taxicab to solicit business for any hotel, motel or rooming house, or to attempt to divert patronage from one hotel, motel or rooming house to another. Neither shall such driver engage in selling intoxicating liquors or solicit business for any house of ill repute or use his vehicle for any purpose other than the transporting of passengers. (Ord. 1054 § 1(part) 1980)
§ 5.32.300. Call box – Establishment.
The city council is authorized and empowered to establish call box stands upon the streets of the city in such places as in its discretion it deems proper. A holder desiring to establish a call box stand shall make written application to the chief of police. The applicant must attach to the application the written approval of the abutting property owners of said space consenting to the creation of such stand. Upon filing of the application, the police department shall make an investigation of the traffic conditions at said place and shall thereafter file their written recommendation to the city council. The city council shall then either grant or refuse the application. When a call box stand has been established as provided in this section, it shall be used solely by the holder to whom the same was granted and his agents and servants and no other holder shall be permitted to use the same.
(Ord. 1054 § 1(part), 1980)
§ 5.32.310. Call box – Use by other vehicles.
Private or other vehicles for hire shall not at any time occupy the space upon the streets that has been established as call box stands.
(Ord. 1054 § 1(part), 1980)
§ 5.32.320. Overall service.
All persons engaged in the taxicab business in the city operating under the provisions of this chapter shall render an overall service to the public desiring to use taxicabs. Holders of certificates of public convenience and necessity shall maintain a central place of business and keep the same open twenty-four hours a day for the purpose of receiving calls and dispatching cabs. They shall answer all calls received by them for services inside the corporate limits of the city as soon as they can do so, and if said services cannot be rendered within a reasonable time, they shall notify the prospective passengers how long it will be before the call can be answered and give the reason there for. Any holder who refuses to accept a call anywhere in the corporate limits of the city at any time when such holder has available cabs; or who fails or refuses to give overall service shall be deemed a violator of this chapter and the permit granted to such holder shall be revoked at the discretion of the city council.
(Ord. 1054 § 1(part), 1980)
§ 5.32.330. Manifests.
A. A. Every driver shall maintain a daily manifest upon which are recorded all trips made each day, showing time and place of origin and destination of each trip and amount of fare and all such completed manifests shall be returned to the owner by the driver at the conclusion of his tour of duty. The forms for each manifest shall be furnished to the driver by the owner and shall be of a character approved by the chief of Police.
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owner and shall be of a character approved by the chief of Police.
B. B. Every holder of a certificate of public convenience and necessity shall retain and preserve all driver'sdriver’s manifests in a safe place for at least the calendar year next preceding the current calendar year, and said manifests shall be available to the police department.
(Ord. 1054 § 1(part), 1980)
§ 5.32.340. Accident reports.
All accidents arising from or in connection with the operation of taxicabs which result in death or injury to any person, or in damage to any vehicle, or to any property in an amount exceeding the sum of one hundred dollars, shall be reported within twenty-four hours from the time of occurrence to the police department. (Ord. 1054 § 1(part), 1980)
§ 5.32.350. Advertising.
Subject to the rules and regulations of the chief of police, it is lawful for any person owning or operating a taxicab or motor vehicle for hire to permit advertising matter to be affixed to or installed in or on such taxicabs or motor vehicles for hire.
(Ord. 1054 § 1(part), 1980)
§ 5.32.360. Enforcement.
The police department of the city is given the authority and is instructed to watch and observe the conduct of holders and drivers operating under this chapter. Upon discovering a violation of the provisions of this chapter, the police department shall report the same to the chief of police, who will order to take appropriate action. (Ord. 1054 § 1(part), 1980)
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Vacaville Municipal Code
Chapter 5.32 TAXICABS
The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through
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Chapter 5.36
VENDING MACHINES, JUKEBOXES AND MECHANICAL AMUSEMENT DEVICES4DEVICES § 5.36.010. Definitions.
As used in this chapter, unless the context otherwise indicates:
A. "A. “Cigarette and vaping product vending machine"” means any self-service device or automatic vending machine useddesigned for the sale or distribution of cigarettes and , electronic cigarettes (e-cigarettes), vaping devices, e-liquids, matches, and controlledor other tobacco or nicotine products, which is activated by the insertion of a coin or coins. It(s), token(s), card(s), or any other form of payment. This definition does not include machines or devices used solelyexclusively for the vendingsale of serviceservices, food, beverages, or confections; B. "B. “Food vending machine"” means any automatic food vending machine that requires the insertion of twentyfive cents or more; C. "C. “Jukebox"” means any music vending machine contrivance or device which, upon the insertion of a coin, slug, token, plate, disc, or key into any slot, crevice, or other opening, or by the payment of any price, operates or may be operated, for the emission of songs, music or similar amusement; D. "D. “Mechanical amusement device"” means any machine, which, upon the insertion of a coin, slug, token, plate, or disc, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score. It includes such devices as marble machines, pinball machines, skill ball, mechanical grab machines and all games, operations, or transactions similar thereto under whatever name they may be indicated; E. "E. “Person," ",” “firm," ",” “corporation,",” or "“association"” as used in this chapter includes the following:
any person, firm, corporation or association which owns any such machines; the person, firm, corporation or association in whose place of business any such machine is placed for use by the public: and the person, firm, corporation or association having control over such machine; provided, however, that the payment of such fee by any person, firm, corporation or association enumerated in this section are deemed a compliance with this section. (Ord. 702 § 1, 1969)
§ 5.36.020. Gambling prohibited.
Nothing in this chapter shall in any way be construed to authorize, license or permit any gambling devices whatsoever, or any mechanism that has been judicially determined to be a gambling device, or in any way contrary to law, or that may be contrary to any future law, or that may be contrary to any future laws of the state. (Ord. 702 § 2, 1969)
§ 5.36.030. License – Required.
Any person, firm, corporation or association displaying for public patronage or keeping for operation any cigarette and vaping product vending machine, food vending machine, jukebox, or mechanical amusement device as defined by Section 5.36.010 shall be required to obtain a license from the city, upon payment of a license fee. Application for such license shall be made to the city tax collector upon a form to be supplied by the city tax collector for that purpose.
4. For statutory provisions on renting, leasing and operating coin-operated vending machines, see Bus. and Prof. Code §16002.5.
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collector upon a form to be supplied by the city tax collector for that purpose. (Ord. 702 § 3, 1969)
§ 5.36.040. License – Application.
A. A. The application for such license shall contain the following information:
1. 1. Name and address of the applicant, age, date and place of birth;
2. 2. Prior convictions of applicant, if any;
3. 3. Place where machine or device is to be displayed or operated and the business conducted at that place;
4. 4. Description of machine to be covered by the license, mechanical features, name of manufacturer, and serial number.
B. B. No license shall be issued to any applicant unless he is over eighteen years of age. (Ord. 702 § 4, 1969; Ord. 997 § 1(part), 1978)
§ 5.36.050. License – Investigation.
Application for a license shall be made out in duplicate, one copy being referred to the chief of police and the other copy to the city electrical inspector.
A. . The chief of police shall investigate the location wherein it is proposed to operate such a machine, ascertain if the applicant is a person of good moral character, and either approve or disapprove the application. No license shall be issued to any applicant unless approved by the chief of police.
B. The electrical inspector shall inspect all wiring and connections to the machine, determine if the same complies with the electrical code of the city, and shall either approve or disapprove the application.
C. No license shall be issued to any applicant unless approved by the chief of police and the electrical inspector.
(Ord. 702 § 5, 1969)
§ 5.36.060. License – Fees – Designated.
A. A. Every applicant, before being granted a license shall pay the following annual license fee for the privilege of operating or maintaining for operation cigarette and vaping product vending machines, jukeboxes or mechanical amusement devices as defined in Section 5.36.010: An annual registration tax of fifteen dollars.
B. B. In addition to the registration tax, those firms shall pay an annual license tax of one dollar and fifteen cents for each one thousand dollars of gross receipts derived therefrom.
C. C. Persons who own and operate vending machines as an incident to a business licensed by other provisions of this chaptertitle shall not be subject to additional licenses for such vending machines.
D. D. Each license shall be issued either annually or semiannually and shall expire at the end of said period.
Item 11.b
City of Vacaville, CA
§ 5.36.060
VACAVILLE CODE § 5.36.110
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City of Vacaville, CA
§ 5.36.060
VACAVILLE CODE § 5.36.110
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(Ord. 702 § 6, 1969; Ord. 997 § 1(part), 1978)
§ 5.36.070. License – Term.
No license shall be issued under this chapter for a term in excess of one year. No license shall be issued for any period extending beyond the thirtieth of June. All semiannual licenses shall expire either on June thirtieth or December thirtyfirst. (Ord 702 §7, 1969). § 5.36.080. License – Fees – Proration for new business.
A. A. Annual business licenses and annual business license taxes for new business commencing after the first day of July may be prorated for the balance of the license period according to the following schedule:
For New Business Commencing Percent of Taxes to
be Paid
During the semiannual period beginning July 1st 100%
During the semiannual period beginning January 1st 50%
For New Business Commencing Percent of Taxes to be Paid During the semiannual period beginning July 1st 100%
During the semiannual period beginning January 1st 50%
B. B. There shall be no proration for a new business which elects to operate under a semiannual license. (Ord. 702 § 8, 1969)
§ 5.36.090. License – Fees – Where payable.
All license taxes imposed under this chapter shall be paid to the tax collector in lawful money of the United States at the office of the tax collector in the city hall.
(Ord. 702 § 9, 1969)
§ 5.36.100. License – Fees – When Payable.
All license taxes imposed under this chapter shall be paid in advance, except where otherwise specifically provided, and shall be due and payable at the following times:
A. A. Annual Business License Taxes. On the first day of JulyMay each year;.
B. Semiannual Business License Taxes. On the first day of July and the second day of January of each year;
C. B. When a business discontinues, dissolves or otherwise terminates before the expiration of a business license tax period, any taxes accrued and owing to the city under the provisions of this chapter, including any business license taxes that would not otherwise be payable until the close of the business license tax period during which termination occurs or until time of paying the tax for the next succeeding business license tax period, shall be due and payable on the date of termination.
(Ord. 702 § 10, 1969)
Item 11.b
City of Vacaville, CA
§ 5.36.060
VACAVILLE CODE § 5.36.110
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City of Vacaville, CA
§ 5.36.060
VACAVILLE CODE § 5.36.110
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§ 5.36.110. License – Fees – Delinquency date.
Unless otherwise specifically provided under other provisions of this chapter, all business license taxes required to be paid under this chapter shall be deemed delinquent if not paid on or before or within the time prescribed as follows:
Item 11.b
City of Vacaville, CA
§ 5.36.110
BUSINESS TAXES, LICENSES AND REGULATIONS § 5.36.150
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City of Vacaville, CA
§ 5.36.110
BUSINESS TAXES, LICENSES AND REGULATIONS § 5.36.150
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or within the time prescribed as follows:
A. A. Annual business license taxes, on or before the close of business on the last day of the month in which the tax became due;
B. Semiannual business license taxes, on or before the close of business on the last day of the month in which the tax became due;
C. businessB. Business license taxes unpaid when a business has been discontinued, dissolved or otherwise terminated, within thirty days of the termination of the business. (Ord. 702 § 11, 1969)
§ 5.36.120. Delinquency penalty.
Any person who fails to pay any license taxes required to be paid by this chapter within the time required shall pay a penalty of fifty percent of the amount of the tax in addition to the amount of such tax, and he shall pay an additional ten percent of the amount of such tax for each month of continued delinquency after the first month. If said taxes are not paid sixty days after the due date, the chief of police may confiscate said machines and hold until all taxes and penalties are paid.
(Ord. 702 § 12, 1969)
§ 5.36.130. License – Display.
A. A. The license or licenses provided for in this chapter shall be posted permanently and conspicuously at the location of the machine in the premises wherein the device is to be operated or maintained to be operated.
B. B. Such license may be transferred from one machine or device to another similar machine upon application to the city tax collector to such effect and the giving of a description and the serial number of the new machine or device.
Not more than one machine shall be operated under one license and the applicant or licensee shall be required to secure a license for each and every machine displayed or operated bye himby the applicant or licensee.
C. C. If the licensee moves his place of business to another location within the city, the license may be transferred to such new location upon application to the city tax collector, giving the street and number of the new location. The new location shall be approved by the chief of police and the city electrical inspector in the same manner as provided in Section 5.36.050.
(Ord. 702 § 13, 1969)
§ 5.36.140. Age and hours restrictions.
A. A. No person, firm, corporation or association holding a license under this chapter shall permit persons under eighteen years of age to play or operate any cigarette and vaping product vending machine or mechanical amusement device as defined in Section 5.36.010.
B. B. No person, firm, corporation or association holding a license under this chapter shall permit the playing of jukeboxes, as defined in Section 5.36.010, between the hours of two a.m. and six a.m. of any day. (Ord. 702 § 14, 1969)
Item 11.b
City of Vacaville, CA
§ 5.36.150
VACAVILLE CODE § 5.36.170
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§ 5.36.170
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§ 5.36.150. License – Revocation.
Every license issued under this chapter is subject to the right, which is expressly reserved, to revoke the same should the licensee, directly or indirectly, permit the operation of any cigarette and vaping product vending machine, jukebox or mechanical amusement device contrary to the provisions of this chapter, the ordinances of the city, or the laws of the state, said license may be revoked by the city council after written notice to the licensee, which notice shall specify the ordinance or law violations with which the licensee is charged if, after a hearing, the licensee is found to be guilty of such violations. Ten days notice of the hearing shall be given the licensee. At such hearing the licensee and his attorney may present and submit evidence of witnesses in his defense. (Ord. 702 § 15, 1969)
§ 5.36.160. Machine impoundment.
If the chief of police has reason to believe any mechanical amusement device is used as a gambling device, such machine may be seized by the police and impounded and if, upon trial of the exhibitor for allowing it to be used as a gambling device, said exhibitor is found guilty, such machine shall be destroyed by the police. (Ord. 702 § 16, 1969)
§ 5.36.170. Penalty for violation.
Any person, firm or corporation violating any of the provisions of this chapter, in addition to the revocation of his or its license, shall be liable to a fine or penalty of up to five hundred dollars for each offense, or imprisonment in the county jail up to thirty days or both.
(Ord. 702 § 17, 1969)
Item 11.b
City of Vacaville, CA
§ 5.38.310
BUSINESS TAXES, LICENSES AND REGULATIONS § 5.38.310
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Vacaville Municipal Code Page 70/70
The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through Item 11.b
Update on Business License Tax - First Reading
(VMC Chapter 5.04-5.36)
August 11, 2026
Item 11.b
Modernizing Vacaville's Business License Tax Ordinance
Introduction and first reading of an ordinance amending Title 5, Chapters 5.04 through 5.36 of the Vacaville Municipal Code to update outdated references, clarify administrative procedures, improve application and appeal processes, and make technical corrections.
August 11, 2026 Agenda Item 11.B – Business License Ordinance Update Slide 2 of 10 Item 11.b
Modernizing Vacaville’s Business License Tax Ordinance
Purpose:
• Bring Title 5 into alignment with current law and administrative practices. • First comprehensive review and update since 1977.
What Changed:
• Updated agency names, statutory references, and terminology throughout Title 5. • Corrected outdated internal cross-references to reflect current Code sections. • Clarified business license application, administration, and appeal procedures.
Why This Matters:
• Clarifies and improves administration of the City’s business license program. • Technical update only — no new taxes, rate increases, or changes to fees or exemptions.
August 11, 2026 Agenda Item 11.B – Business License Ordinance Update Slide 2 of 10 Item 11.b
Key Improvements
Definitions and Terminology (Sec. 5.04.030):
• Updated outdated agency and statutory references to reflect the Employment Development Department (EDD) and California Unemployment Insurance Code. • Maintains the existing employee count methodology while correcting terminology throughout Title
5. Business License Application Process (Sec. 5.08.030):
• Clarified application review timelines and deemed approval procedures. • Provides applicants with a clear process if the Tax Collector does not act within the required timeframe.
Code Reference Corrections:
• Updated outdated internal references to align with current enforcement and appeal provisions. • Corrects legacy cross-references from prior code amendments and improves administrative clarity.
August 11, 2026 Agenda Item 11.B – Business License Ordinance Update Slide 2 of 10 Item 11.b
Key Improvements Cont.
Clarified Administrative Review and Appeal Procedures
(Secs. 5.20.060-5.20.070)
• Clarified existing review and appeal procedures by establishing defined timelines at each level of review.
• Added timeframes for hearings, determinations, and written decisions to provide a more predictable process for businesses and the City. • Addresses prior gaps in the Municipal Code by clearly identifying procedural steps while maintaining existing City authority.
August 11, 2026 Agenda Item 11.B – Business License Ordinance Update Slide 2 of 10 Item 11.b
Exemptions Chapter Updates
Exemption Chapter Reorganization and Clarification
(Chapter 5.16)
• Reorganized Chapter 5.16 to correct numbering issues, update references, and improve readability of existing exemption provisions. • Clarified employee exemption language to distinguish W-2 employees from independent contractors while maintaining existing requirements. (Sec. 5.16.090)
• Clarified existing veteran exemption language by separating eligibility requirements, exemption provisions, and business exclusions. (Sec. 5.16.100)
August 11, 2026 Agenda Item 11.B – Business License Ordinance Update Slide 2 of 10 Item 11.b
Taxicab, Bingo and Confidentiality
Administrative and Technical Updates:
• Updated taxicab insurance provisions to align with the City’s current insurance requirements rather than outdated fixed coverage amounts. (Sec. 5.32.090)
• Corrected bingo statutory references and clarified existing co- sponsoring provisions without changing requirements. (Secs. 5.24.061, 5.24.090) • Clarified confidentiality provisions by identifying protected information and authorized disclosure circumstances. (Sec. 5.08.040) August 11, 2026 Agenda Item 11.B – Business License Ordinance Update Slide 2 of 10 Item 11.b
Fiscal and Strategic Benefit
Why These Updates Matter:
• Modernizes Title 5 by aligning the Code with current state law, City organization, and administrative practices.
• Improves clarity and consistency by correcting outdated references, cross-references, and procedural language.
• Provides a clearer administrative framework for businesses, staff, and decisionmakers. • Preserves existing business license tax rates, fee schedules, and exemption eligibility. • No new taxes, no tax rate increases, and no new business requirements—these are technical and administrative updates.
August 11, 2026 Agenda Item 11.B – Business License Ordinance Update Slide 2 of 10 Item 11.b
Recommendation and Next Steps
• By title only, introduce the subject ordinance and waive reading of the title per Government Code section 36934, and find that said action is not a project under CEQA because it involves administrative activities of the City that will not result in direct or indirect physical changes to the environment.
• Second reading and proposed adoption scheduled for August 26, 2026.
• If adopted, ordinance effective September 25, 2026, and published per Government Code section 36933.
August 11, 2026 Agenda Item 11.B – Business License Ordinance Update Slide 2 of 10 Item 11.b
Questions or Comments
August 11, 2026 Agenda Item 11.B – Business License Ordinance Update Slide 2 of 10 Item 11.b