Agenda, regular meeting, first session — Vacaville City Council, August 25, 2026 (part 1 of 2)

City of Vacaville Agenda for the City Council,
Successor Agency to the Redevelopment Agency, Housing Authority, Groundwater Sustainability Agency and Public Financing Authority Tuesday, August 25, 2026
Closed Session: 05:00 PM
Regular Meeting: 06:00 PM

Vacaville City Hall Council Chamber
650 Merchant Street
Entrance to the council Chamber is located
in the parking area off of Walnut Avenue
___________________________________________________________________________

City Council In-Person and Virtual Meeting
Attendees may observe and participate in this meeting in person or remotely via Zoom or telephone.

Join the Meeting in Zoom Webinar
Download and use the Zoom application for desktop and mobile. Participants are encouraged to join the meeting up to 10 minutes before the meeting begins.

Zoom: CityofVacaville.gov/CouncilMeeting
By Telephone: (877) 853-5257 or (888) 475-4499
Meeting ID: 872 8632 1179
Passcode: 123456

Public Comments
Comments on agenda items can be emailed to the City Clerk up to 3:30PM prior to the meeting.

Comments received are kept as part of the record of the meeting. Comments during the meeting must be a maximum of three minutes (per Government Code 54954.3(a); VMC 2.0.4.130) and the Mayor has the discretion to change the time limit to accommodate the meeting schedule and public interest.

Email: [email protected]

Speaking During the Meeting
In the Zoom Webinar, use the raise hand function or if dialing in press *9 on your phone.• When it is your turn to speak, you will be unmuted by the host.• Participants joining by telephone may also press *6 to mute/unmute if needed.• To view the Meeting from Computer, Tablet, or Smartphone Via Access TV: Access Vacaville
YouTube channel: http://www.youtube.com/@CityofVacaville

Special Assistance
In accordance with the Americans with Disabilities Act, if you need special assistance, please contact the City Clerk’s Office at (707) 449-5100.

Roll Call for Closed Session - 5:00 pm 1.

Pursuant to California Government Code Section 54950, et seq.

Public Employee Performance Evaluation (Pursuant to Government Code Section 54957) Position: City Attorney

Roll Call for the Regular Meeting - 6:00 pm
Mayor/Chair John Carli
Vice Mayor/Vice-Chair Michael Silva, District 3
Council/Agency/Authority Member Roy Stockton, District 1 Council/Agency/Authority Member Greg Ritchie, District 2 Council/Agency/Authority Member Sarah Chapman, District 4 Council/Agency/Authority Member Ted Fremouw, District 5 Council/Agency/Authority Member Jeanette Wylie, District 6 Moment of Silence followed by the Pledge of Allegiance
Report out of Closed Session
Approval of Agenda
Reports of the City Council
League of California Voting Delegate
Update on Recent Attended Boards, Commissions, and Committee Meetings Reports of City Manager
Presentations - None
Consent Calendar
Items on the Consent Calendar are routine business items that require no discussion and are acted upon in one motion. However, any item on the Consent Calendar can be removed and discussed separately upon request.

Ordinance to Amend Title 14 of the City of Vacaville Municipal Code by amending Division 14.04 entitled General Plan Amendments to change administrative procedures and requirements for General Plan Map and Text Amendment applications (Second Reading)

(Staff Contact: Peyman Behvand, Planning Manager (707) 449-5332) Individual Action: By simple motion, adopt the subject ordinance.

Fiscal Impact:

Amount Requested: No additional appropriations are requested.

Funding Source: Community Development (2022)
Budget Distribution: The costs of staff time associated with this item are covered within the existing Community and Economic Development Department operating budget.

Strategic Plan Goal: Quality of Life

1.a

2. 3.

4. 5.

6. 6.a

6.b

7. 8.

9. 9.a
Tuesday, August 25, 2026
Subject to Levine Act: No
Ordinance Amending Title 5, Chapters 5.04 through 5.36 of the Vacaville Municipal Code, Relating to Business Licenses (Second Reading)

(Staff Contact: Heather Cornelison, Finance Supervisor (707) 449-5302) Recommended Action: By title only, introduce the subject ordinance and waive reading of the title per Government Code 36934.

Fiscal Impact:

Amount Requested: There are no funds requested for this item.

Funding Source: General Fund (1001)
Budget Distribution: The costs of staff time associated with this item are covered within the existing Finance Department operating budget.

Strategic Plan Goal:

Fiscal Health
Subject to Levine Act: No
Resolution Rescinding Resolution 2020-086 and Updating Those Authorized to Invest Monies in the Local Agency Investment Fund

(Staff Contact: Ken Matsumiya, Director of Finance (707) 449-5180) Individual Action: By simple motion, adopt the subject resolutions.

Fiscal Impact:

Amount Requested: There are no additional funds requested for this item.

Funding Source: General Fund (1001)
Budget Distribution: The costs of staff time associated with this item are covered within the existing Finance Department operating budget.

Strategic Plan Goal: Fiscal Health
Subject to Levine Act: No
Resolution of Successor Agency of the Vacaville Redevelopment Agency, Rescinding Resolution SA2020-002 and Updating Those Authorized to Invest Monies in the Local Agency Investment Fund

(Staff Contact: Ken Matsumiya, Director of Finance (707) 449-5180) Individual Action: By simple motion, adopt the subject resolutions.

Fiscal Impact:

Amount Requested: There are no additional funds requested for this item.

Funding Source: General Fund (1001)
Budget Distribution: The costs of staff time associated with this item are covered within the existing Finance Department operating budget.

Strategic Plan Goal: Fiscal Health
Subject to Levine Act: No
Approval of Minutes – Approve the Minutes for the Meeting of August 11, 2026 (Staff Contact: Michelle Thornbrugh, City Clerk (707) 449-5100) Individual Action: By simple motion, approve the minutes.

Fiscal Impact:

Amount Requested: There are no funds requested for this item.

9.b

9.c

9.d

9.e
Tuesday, August 25, 2026
Funding Source: Not applicable
Budget Distribution: The costs of staff time associated with this item are covered within the existing City Clerk's operating budget.

Strategic Plan Goal:

Organizational Culture
Subject to Levine Act: No
Approval of Accounts Payable and Payment of Payroll Claims for the Weeks Ending August 7, 2026 and August 14, 2026

(Staff Contact: Ken Matsumiya, Director of Finance (707) 449-5180) Individual Action: By simple motion, approve the item.

Fiscal Impact:

The claims for the period total $9,196,846.40
Amount Requested: There are no funds requested for this item.

Funding Source: Various
Budget Distribution: The costs associated with staff time for this item are covered within the existing Finance Department's operating budget.

Strategic Plan Goal:

Fiscal Health
Subject to Levine Act: No
Resolution Approving One (1) Agreement and Contract Amendment Totaling $93,450 Supporting Essential City Operations, Capital Projects, Regulatory Compliance, and Organizational Services

(Staff Contact: GeorgeAnne Meggers-Smith, Assistant City Manager (707) 449-5651) Individual Action: By simple motion, approve the item.

Fiscal Impact:

Amount Requested: None
Funding Source: Various
Budget Distribution: The costs of staff time associated with this item are covered within the existing City Manager's Department operating budget.

Strategic Plan Goal:

Organizational Culture
Economic Development
Quality of Life
Public Safety and Infrastructure
Fiscal Health
Subject to Levine Act: No
Business from the Floor
This is the time to address the Council with issues that are not on the agenda that are within the Council’s subject matter jurisdiction. With certain exceptions, the City Council may not discuss or take action on items that are not on the agenda. Members of the audience wishing to address a specific agendized item are encouraged to offer their public comment during consideration of that item.

Comment is limited to three minutes per speaker or group spokesperson per Government Code §54954.3(a); VMC §2.04.130.

9.f

9.g

10. Tuesday, August 25, 2026
Public Hearings - None
Business
Informational Update on the Development Review Process Improvements Initiative (Staff Contact: Erin Morris, Community & Economic Development (707) 449-5307) Recommended Action: Council receives the information.

Fiscal Impact:

Amount Requested: No additional appropriations are requested.

Strategic Plan Goal:

Organizational Culture
Economic Development
Subject to Levine Act: No
Resolution Adopting the Vacaville Sales Tax Citizens' Oversight Committee Governance and Operating Guidelines

(Staff Contact: GeorgeAnne Meggers-Smith, Assistant City Manager (707) 449-5651) Recommended Action: By simple motion, adopt the subject resolution.

Fiscal Impact:

Amount Requested: There are no funds requested for this item.

Funding Source: There are no funds requested for this item.

Budget Distribution: The costs of staff time associated with this item are covered within the existing operating budget.

Strategic Plan Goal: Fiscal Health
Subject to Levine Act: No
Informational Update on Malaquias Montoya Community Center at De Colores Park (Staff Contact: Tamara Colden, Housing and Community Services Director (707) 449-5671) Recommended Action: Council receives the information.

Fiscal Impact:

Amount Requested: There are no funds requested for this item.

Funding Source: The current project funding plan totals $18,437,718. Approximately $2,661,845 of this amount is associated with the HUD Section 108 Loan Guarantee Program and remains dependent on Federal Fiscal Year 2026-27 funding availability and finalization of the loan documents. Once this financing becomes available, the project will be fully funded under the current funding plan.

Budget Distribution: The costs of staff time associated with this item are covered within the existing Housing and Community Services Department operating budget.

Strategic Plan Goal: Quality of Life
Subject to Levine Act: No
Adjournment
All public records relating to an open session item that are not exempt from disclosure pursuant to the

11. 12.

12.a

12.b

12.c

13. Tuesday, August 25, 2026
Public Records Act and that are distributed to a majority of the City Council will be available for public inspection during normal business hours at the City Administration Counter at City Hall, 650 Merchant Street. The City may charge customary photocopying charges for requested copies of such documents.

This agenda and related materials may also be available on the City's website under Public Meetings and Agendas' subject to our staff's ability to pose the documents prior to the meeting. To view City Council meetings, tune in to cable Channel 26, or log onto the City's website at www.cityofvacaville.com to watch the meeting live or on-demand. If you have any questions, please contact the City Clerk's office at (707) 449-5100.

I declare that the agenda for the Regular Meeting of the City Council/Successor Agency to the Redevelopment Agency/Groundwater Sustainability Agency/Public Financing Authority was posted and available for review by the time and place prescribed by law. ______________________________
Michelle A. Thornbrugh, City Clerk
Tuesday, August 25, 2026
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, May 13, 2026
T
O: Mayors, Council Members, City Clerks, and City Managers RE
: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Sept. 23-25, 2026 Anaheim Convention Center
E
very year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Ta
king place on Friday, Sept. 25, 2026 the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To c
ast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

A
ction by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

F
ollowing council action, please submit your city’s delegates through the online submission portal by Tuesday, Sept. 1, 2026. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.

S
ubmitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.

C
onference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration opens June 2.

F
or a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and Council Action Advised by September 1, 2026
Item 6.a
alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the Anaheim Convention Center, will be open at the following times: Wednesday, Sept. 23, 8:00 a.m.-6:00 p.m. and Thursday, Sept. 24, 7:30 a.m.-4:00 p.m. On Friday, Sept. 25, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for submitting your voting delegate and alternates by Tuesday, Sept. 1. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• G
eneral Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly Item 6.a

1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

Item 6.a
Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.

The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.

Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.

Recommendations are forwarded
to the Resolutions Committee.

Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.

Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.

Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.

Cal Cities policy
development is a member-
informed process,
grounded in the voices and
experiences of city officials
throughout the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.

General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).

Item 6.a

2025-2026

CAL CITIES OFFICERS
President
Gabe Quinto
Mayor
El Cerrito

First Vice President
Teresa Acosta
Council Member
Carlsbad

Second Vice President
David Cohen
Council Member
San Jose

Immediate Past President
Lynne B. Kennedy
Mayor Pro Tem,
Rancho Cucamonga

Executive Director
and CEO
Carolyn M. Coleman

1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

August 10, 2026

TO: Cal Cities Members

RE: Cal Cities 2026 Resolution Packet

Sixty days before the Cal Cities Annual Conference and Expo, Cal Cities members may submit resolutions on issues of importance to cities. This year, Cal Cities received one resolution by the July 25 deadline.

The attached packet contains the proposed resolution, background information, supporting letters from cities and city officials, and an analysis of the resolution by Cal Cities. The packet includes detailed information on the resolution process and the next steps for the resolution.

We encourage each city council to consider the resolution and determine a position so your voting delegate can represent your city’s position on the resolution.

Voting Delegates: City councils must appoint a voting delegate to vote during the General Assembly. Each city may also appoint up to two alternate delegates. If your city has not already done so, please appoint your voting delegate by Tuesday, Sept. 1, 2026. The voting delegate packet contains more information.

The 2026 General Assembly will be held Friday, Sept. 25, at 8:30 a.m. in the Anaheim Convention Center during the Annual Conference and Expo.

For questions about resolutions, voting delegates, or the General Assembly, please contact Zach Seals.

Item 6.a

2026
Resolution
Packet
Item 6.a
2026 Resolution Packet
Information on 2026 Resolutions Process
Consideration by Policy Committee (pre-conference)
Per the Cal Cities bylaws, Cal Cities President Gabe Quinto has referred the submitted resolution to the Housing, Community, and Economic Development Committee. The committee will meet on Thursday, Sept. 17, at 10 a.m. via Zoom to review the resolution and make a recommendation that will be sent to the Resolutions Committee. A public comment period will be held during the meeting. Register for the meeting here.

A list of recommendations the policy committee may make during its meeting is on page two of this packet.

Consideration by Resolutions Committee (during conference) On Thursday, Sept. 24, at 1:00 p.m. the Resolutions Committee will meet to review the resolution and the recommendation of the policy committee.

The Resolutions Committee consist of one representative from each of Cal Cities caucuses, departments, divisions, and policy committees, as well as up to ten additional appointments made by the Cal Cities President. A public comment period will be held during the meeting. Refer to the onsite conference program for the location.

A list of recommendations the Resolutions Committee may make during its meeting is on page two of this packet.

Consideration by the General Assembly (during conference) The General Assembly will convene on Friday, Sept. 25, at 8:30 a.m. to consider any resolutions the Resolutions Committee has forwarded. To vote during the General Assembly, voting delegates must have checked in at the voting delegate booth.

Conference attendees will receive materials for the General Assembly on the evening of Thursday, Sept. 24. For more information on voting and discussion procedures during the General Assembly, see page three of this packet.

Petitioned Resolutions (during conference)
The petitioned resolution is an alternate method to introduce policy proposals during the annual conference. To initiate a petitioned resolution, voting delegates from 10% of member cities must sign the petition. The resolution and signatures are due at least 24 hours before the beginning of the General Assembly. Voting delegates who have checked in at the voting delegate booth can receive more information on petitioned resolutions at the booth onsite. 1 Item 6.a

2026 Resolution Packet

Policy Committee and Resolutions Committee Actions

The submitted resolution will be heard by the policy committee to which it was assigned, and the Resolutions Committee. The table below shows what recommendations these bodies may make on the resolution.

Policy Committee Actions Resolutions Committee Actions
Approve Approve
Disapprove* Disapprove*
No Action No Action
Amend and approve

Amend and approve

Refer to appropriate policy committee
for further study*
Approve as amended
Refer as amended to appropriate
policy committee for further study*
Refer to appropriate policy committee
for further study*
Refer as amended to appropriate
policy committee for further study*
Approve with additional
amendment(s)

Additional amendments and refer to
appropriate policy committee for
further study*

*If a resolution is disapproved or referred for further study by all policy committees to which it is assigned and the Resolutions Committee, it will not proceed to the General Assembly.

2 Item 6.a

2026 Resolution Packet

General Assembly Voting and Discussion Procedures
Discussion Procedures:

Discussion procedures during the General Assembly are guided by two calendars:
the Consent Calendar and the Regular Calendar. As seen below, resolutions are calendared by the recommendations they receive from policy committees and the Resolutions Committee.

For General Resolutions:

Policy Committee
Recommendation
Resolutions Committee
Recommendation Calendar
Approve Approve Consent Calendar
Approve Disapprove or refer Regular Calendar
Disapprove or refer Approve Regular Calendar
Disapprove or refer Disapprove or refer Does not proceed to General Assembly

For Petitioned Resolutions:

Policy Committee
Recommendation Resolutions Committee Action Calendar
N/A
Approve Regular Calendar
Disapprove or Refer Regular Calendar
Disqualified Does not proceed to General
Assembly

Items on the Consent Calendar will be presented as one motion during the General Assembly from the Resolutions Committee chair. Unless an item on the Consent Calendar is set aside by the majority of the General Assembly, a vote will be taken on the whole calendar. If an item is set aside, it will be opened for discussion, followed by a vote.

Items on the Regular Calendar will be presented individually by the Resolutions Committee chair. After a recommendation is presented by the Resolutions Committee chair, the resolution will be opened for discussion by the General Assembly. A vote will take place following discussion.

Voting Procedures:

Per Cal Cities Bylaws Article XII, Sec. 2, all votes will be conducted by voice vote first. If the presiding official cannot determine the outcome, a vote will be taken by an alternative method, typically a raise of voting cards by voting delegates. A roll call vote may be called for by delegates of ten percent or more of the General Assembly.

3 Item 6.a
2026 Resolution Packet
2026 Resolution

1. Resolution No. 1 submitted by City of Murrieta
• Letters of concurrence submitted by:
i. City of Banning;
ii. City of Calimesa;
iii. City of Canyon Lake;
iv. City of Moreno Valley;
v. City of Norco;
vi. City of Torrance;
vii. Crystal Ruiz, Mayor, City of San Jacinto;
viii. Jessica Alexander, Mayor, City of Temecula
• Referred to Housing, Community, and Economic Development Committee
• Policy Committee Recommendation:
• Resolutions Committee Recommendation:
4 Item 6.a

2026 Resolution Packet

Resolution No. 1
Submitted by City of Murietta

5 Item 6.a
2026 Resolution Packet

1. A RESOLUTION OF THE GENERAL ASSEMBLY OF THE LEAGUE OF CALIFORNIA CITIES

CALLING FOR A WORKING GROUP TO CONSIDER A STATE CONSTITUTIONAL

AMENDMENT OR OTHER FORM OF INITIATIVE TO ENSURE FINAL LOCAL AUTHORITY OVER

HOUSING AND LAND USE DECISIONS
Source: City of Murrieta
Concurrence of five or more cities/city officials
Cities/city officials: City of Banning; City of Calimesa; City of Canyon Lake; City of Moreno Valley; City of Norco; City of Torrance; Crystal Ruiz, Mayor, City of San Jacinto; Jessica Alexander, Mayor, City of Temecula
Referred to: Housing, Community, and Economic Development Policy Committee WHEREAS, California cities have historically been responsible for adopting general plans and zoning regulations, reviewing housing development proposals, and providing or coordinating the streets, water, wastewater, public safety, parks, transportation, and other infrastructure and services necessary to support responsible, environmentally sound, and well-planned residential growth; and
WHEREAS, the League of California Cities is dedicated to protecting and expanding local control for municipalities across the state to ensure their orderly growth and development; and
WHEREAS, the League of California Cities recognizes that local zoning is a primary function of cities and an essential component of home rule, and that a city’s general plan should guide its land use planning and strategic decision-making free from pre-emption by the state; and
WHEREAS, increasingly prescriptive statewide housing mandates and development approval requirements can override locally adopted plans, zoning standards, and public review procedures without adequately accounting for differences that exist in each unique jurisdict ion in infrastructure capacity, water availability, wildfire and evacuation risks, environmental constraints, fiscal impacts, public service needs, and community priorities; and
WHEREAS, California’s housing goals can be more effectively advanced through state funding, streamlined environmental requirements, and voluntary partnerships that support housing production while preserving the authority of locally elected officials to determine how and where housing is best planned and approved; NOW, THEREFORE, BE IT RESOLVED , by the General Assembly of the League of California Cities, assembled during the Annual Conference in Anaheim, California, on September 25, 2026, that the League of California Cities support the development and advancement of a state constitutional amend ment or other legislative, policy, or ballot- based strategies that restore and strengthen local authority over housing and land use matters within municipal boundaries, including general plans, housing elements, zoning, density, design and development standards, project siting, and the approval or denial of housing development applications; and
6 Item 6.a

2026 Resolution Packet

BE IT FURTHER RESOLVED, that any constitutional amendment or alternative strategy should preserve the State’s authority to establish broad statewide housing goals and enforce constitutional and civil rights, fair housing requirements, building and life -safety standards, and gen erally applicable environmental protections, while protecting cities from state actions that compel, through funding conditions or state law, the approval of housing developments that are inconsistent with locally adopted requirements; override local zonin g or density standards; or invalidate locally adopted housing or land use decisions when a city has planned in good faith to accommodate its regional housing needs allocation and maintains adequate capacity for housing at all income levels; and

BE IT FURTHER RESOLVED, that the League of California Cities consider establishing a statewide working group or other appropriate committee(s) to evaluate and develop a proposed constitutional amendment or other legislative, policy, or ballot-based strategies to restore and strengthen local authority over housing and land use matters including but limited to: conducting appropriate legal, fiscal, and policy analyses; engaging cities and other stakeholders; and building a statewide coalition of proponent supporters in preparation for; the November 2030 General Election, or within another reasonable time frame as determined by the working group.

7 Item 6.a

2026 Resolution Packet

Resolution No. 1: Background
Information

8 Item 6.a

2026 Resolution Packet

Background Information for Resolution

Source: City of Murrieta

Background:

California cities are responsible for planning residential growth, adopting general plans and zoning regulations, reviewing development proposals, and providing or coordinating the infrastructure and public services necessary to support new housing. Since 2010, the State has enacted more than 500 housing-related laws that have increasingly shifted housing and land use authority away from local governments. These laws have expanded by-right development, limited locally adopted standards and review processes, and established enforcement mechanisms, including the builder’s remedy, that may override local plans and zoning. Although these measures are frequently presented as solutions to housing affordability, many increase development capacity or restrict local review without delivering the meaningful production of housing needed to address the housing crisis.

At the same time, the State has continued to prioritize increased development capacity without adequately accounting for the infrastructure, public services, economic realities, and safety measures necessary to support housing growth.

State mandates often fail to reflect local conditions, including roadway and utility capacity, water availability, wildfire exposure, environmental limitations, fiscal impacts, and the availability of essential services. Cities are consequently required to accommodate additional housing while receiving no funding or assistance to address the resulting infrastructure and service demands.

Local elected officials are directly accountable to the residents who experience the effects of development decisions and are responsible for balancing housing production with infrastructure capacity, public safety, environmental protection, fiscal sustainability, and community needs. Cities of all types in California have been grappling with this dynamic, ranging from urban to rural, coastal to inland, small to large, northern to southern, voicing concerns to legislative representatives with minimal responsiveness. This is an issue of statewide concern that needs the strength and diversity of the League of California Cities to pursue a long-term solution.

The proposed resolution directs the League of California Cities to establish a statewide working group to evaluate a constitutional amendment or other legislative, policy, or ballot-based strategies to restore and strengthen local authority over housing and land use decisions. The working group would be tasked with developing a more balanced framework that preserves the State’s role in establishing broad housing goals and enforcing constitutional, civil rights, fair housing, building, life-safety, and environmental requirements, while restoring meaningful local authority to allow cities to determine how statewide housing 9 Item 6.a

2026 Resolution Packet
objectives should be implemented in a manner that reflects local conditions and community priorities while continuing to support responsible housing production.

As the primary statewide organization representing California cities, the League is uniquely positioned to lead this effort. Its established policy, legal, legislative, communications, and advocacy networks enable it to convene municipalities, evaluate potential strategies, conduct legal and fiscal analyses, build consensus, engage stakeholders, and coordinate with statewide decision-makers. League leadership would help ensure that any recommendation reflects the collective interests of California municipalities and would provide the credibility, organizational capacity, and statewide reach necessary to advance a viable strategy.

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2026 Resolution Packet

Resolution No. 1: Letters of
Concurrence

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July 23, 2026

President Gabe Quinto
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814

Subject: Support for a Resolution Establishing a Working Group to Evaluate a State Constitutional Amendment or Other Initiative to Restore Local Housing and Land Use Authority

Dear President Quinto,

The City of Murrieta is sponsoring a resolution for consideration by the General Assembly of the League of California Cities to establish a statewide working group to evaluate a constitutional amendment or other legislative, policy, or ballot -based strategies to restore and strengthen local authority over housing and land use decisions.

The proposed resolution, together with the required background materials, will be submitted to Cal Cities for consideration at the 2026 Annual Conference in Orange County on September 24 and

25. The resolution would direct the League to convene a working group to evaluate potential approaches for addressing the increasingly broad and prescriptive state mandates affecting local housing, zoning, development standards, and project approval authority.

On behalf of the City of Can yon Lake, this letter confirms our support for the City of Murrieta’s submission of the proposed resolution and its consideration by the League of California Cities General Assembly at the 2026 Annual Conference.

Sincerely,

Arron Brown
City Manager
City of Canyon Lake
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July 23, 2026

President Gabe Quinto
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814

Subject: Support for a Resolution Establishing a Working Group to Evaluate a State Constitutional Amendment or Other Initiative to Restore Local Housing and Land Use Authority

Dear President Quinto,

The City of Murrieta is sponsoring a resolution for consideration by the General Assembly of the League of California Cities to establish a statewide working group to evaluate a constitutional amendment or other legislative, policy, or ballot-based strategies to restore and strengthen local authority over housing and land use decisions.

The proposed resolution, together with the required background materials, will be submitted to Cal Cities for consideration at the 2026 Annual Conference in Orange County on September 24 and 25. The resolution would direct the League to convene a working group to evaluate potential approaches to address increasingly broad and prescriptive state mandates affecting local housing, zoning, development standards, and project approval authority.

On behalf of the City of Moreno Valley, this letter confirms our support for the City of Murrieta’s submission of the proposed resolution and its consideration by the League of California Cities General Assembly at the 2026 Annual Conference.

Sincerely,

Brian Mohan
City Manager
City of Moreno Valley

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July 22, 2026

President Gabe Quinto
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814

Subject: Support for a Resolution Establishing a Working Group to Evaluate a State Constitutional Amendment or Other Initiative to Restore Local Housing and Land Use Authority

Dear President Quinto,

The City of Murrieta is sponsoring a resolution for consideration by the General Assembly of the League of California Cities to establish a statewide working group to evaluate a constitutional amendment or other legislative, policy, or ballot-based strategies to restore and strengthen local authority over housing and land use decisions.

The proposed resolution, together with the required background materials, will be submitted to Cal Cities for consideration at the 2026 Annual Conference in Orange County on September 24 and 25. The resolution would direct the League to convene a working group to evaluate potential approaches for addressing the increasingly broad and prescriptive state mandates affecting local housing, zoning, development standards, and project approval authority.

On behalf of the City of the Norco, this letter confirms our support for the City of Murrieta’s submission of the proposed resolution and its consideration by the League of California Cities General Assembly at the 2026 Annual Conference.

Sincerely,

Kevin Bash
City Council Member
(951) 768-8981
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July 23, 2026

Mr. Gabe Quinto, President
League of California Cities
1400 K Street, Suite 400
Sacramento, CA 95814

Subject: Support for the City of Murrieta's Resolution Establishing a Working Group to Evaluate a State Constitutional Amendment or Other Initiative to Restore Local Housing and Land Use Authority

Dear President Quinto:

I am writing in my individual capacity as Mayor of the City of Temecula to express my strong support for the City of Murrieta's proposed resolution for consideration by the General Assembly of the League of California Cities at the 2026 Annual Conference.

The proposed resolution presents an important opportunity to thoughtfully evaluate the appropriate balance between California's statewide housing objectives and the constitutional principle of local governance. Establishing a statewide working group to examine a potential constitutional amendment, legislative reforms, or other policy initiatives will provide a meaningful forum to assess how local authority over housing and land use decisions can be strengthened while continuing to address the State's housing challenges.

Cities are uniquely positioned to understand the needs, opportunities, and constraints of their communities. Local elected officials are accountable to the residents they serve and are best equipped to make land use decisions that reflect a community's character, infrastructure capacity, economic development goals, environmental stewardship, and long-term vision. Equally important, local governments bear the primary responsibility for protecting public safety. Decisions regarding housing density, transportation, emergency access, wildfire preparedness, evacuation routes, police and fire service capacity, water availability, and critical infrastructure are inherently local matters that require the knowledge and judgment of those who serve their communities every day.

While the State has an important role in addressing California's housing needs, a collaborative approach that respects local expertise and preserves meaningful local discretion will produce stronger, safer, and more sustainable communities. The proposed working group offers an opportunity to evaluate policies that achieve these shared objectives while restoring an appropriate balance between state direction and local authority.

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Mr. Gabe Quinto, President
League of California Cities
July 23, 2026

Page 2 ends

Although this letter reflects my personal position and is not an official action or policy of the City of Temecula or the Temecula City Council, I respectfully endorse the City of Murrieta's submission of this resolution and encourage its favorable consideration by the League of California Cities General Assembly.

Thank you for your leadership and your thoughtful consideration of this important issue.

Respectfully,

Jessica Alexander
Mayor, City of Temecula
Signing in her individual capacity
and not on behalf of the City of Temecula
or the Temecula City Council.

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2026 Resolution Packet

Resolution No. 1: Staff Analysis

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League of California Cities Staff Analysis on Resolution No. 1

Staff: Brady Guertin, Legislative Advocate
Committee: Housing, Community, and Economic Development

Summary:

Resolution No.1 states that the League of California Cities (Cal Cities) will:

1. Support the development and advancement of a state constitutional amendment or legislative, policy, or ballot-based strategy that restores and strengthens local authority over housing and land use matters, including general plans, housing elements, zoning, density, design and development standards, project siting, and the approval or denial of housing development applications.

Pursuant to the resolution, the strategy should preserve the state’s authority to set broad, statewide housing goals and enforce civil rights, fair housing, building safety, and environmental standards while protecting local control by preventing the state from compelling the approval of developments that conflict with local requirements, override local zoning or density standards, or overturn local land use decisions where a city has planned for and maintained sufficient capacity to meet its housing obligations.

2. Consider establishing a statewide working group or other appropriate committee(s) to evaluate and develop a proposed constitutional amendment or other legislative, policy, or ballot-based strategies to restore and strengthen local authority over housing and land use matters.

The resolution states: “conducting legal, fiscal, and policy analyses; engaging cities and other stakeholders; and building a statewide coalition of proponent supporters in preparation for the November 2030 General Election, or within another reasonable time period.”

Background:

As provided in the background information, the city of Murrieta is sponsoring this resolution in response to concerns over state laws that have increasingly reduced city discretion over housing and land use decisions, including legislation that requires ministerial or by-right approvals for housing projects, limits the application of local development standards, and strengthens state enforcement mechanisms against local governments.

Additionally, the city of Murrieta, in its background information, maintains that these legislative efforts have not resulted in sufficient housing production to address California's housing shortage and have not adequately accounted for 24 Item 6.a
local infrastructure, public service needs, public safety, market, and fiscal considerations.

The resolution states that California’s housing goals are better advanced through state funding, streamlined environmental requirements, and voluntary partnerships, while preserving local authority over how and where housing is best planned and approved.

Consideration of the resolution may be informed by a brief examination of how the California Constitution allocates authority between the state and cities with respect to land use decisions.

The constitution grants cities the power to adopt local laws to protect the public’s health, safety, and welfare. This grant is called the “police power,” which is the basis for local land use regulation. The constitution grants charter cities the additional power to adopt local laws affecting “municipal affairs.” This power, commonly referred to as “home rule,” is based on the principle that a city, rather than the state, is in the best position to identify and satisfy the needs of the local community.

The constitution’s broad grant of police power contains a significant limitation.

Local law adopted under the police power is not valid if it “conflicts” with state law. A local law “conflicts” with state law when it regulates the same “field” in which the Legislature has stated its intent to occupy. In that case, state law is said to “preempt” the local law and it cannot be enforced.

An ordinance adopted by a charter city under the municipal affairs power cannot be enforced if it affects a “matter of statewide concern.” The subjects that have been identified as “matters of statewide concern” have changed over the years due to economic, social, and political circumstances.

Since the 1960s, the state has enacted numerous laws that limit or preempt aspects of local land use and zoning authority. These laws include the Fair Employment and Housing Act, Housing Element Law, Housing Accountability Act, Density Bonus Law, Permit Streamlining Act, accessory dwelling unit laws, California Environmental Quality Act, and others. In recent years, the state has enacted several laws that Cal Cities was the leading opposition force against, as many of the proposals pre-empted local land use authority, limited public review, and constrained local flexibility. In support of its housing and land use legislation, the Legislature has cited a statewide housing crisis and the need for increased housing production at all income levels while asserting that a uniform approach to local land use decision-making is required.

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Discussion:

The resolution does not prescribe a specific policy mechanism. The eight letters in support recommend creating a working group or committee to evaluate potential approaches, including legislative proposals, constitutional amendments, or ballot initiatives to strengthen local authority over housing and land use matters.

A discussion of a strategy to restore and strengthen local authority over housing and land use matters will need to consider the California Constitution’s framework for both preemption of police power enactments and municipal affairs, discussed above. It will also need to determine whether changes to the California Constitution will be proposed, and whether they constitute an amendment or a revision, which require different processes.

A constitutional revision is a multistep process blending legislative consensus, voter support, and on occasion, a constitutional convention. It requires significant public engagement.

A constitutional amendment would require a ballot initiative, which includes gathering enough valid signatures to qualify for the ballot, building large coalitions to support election efforts, and campaigning to voters to support the initiative. This process can involve significant costs. In the last major election for ballot initiatives in 2024, proponents spent $8-$18 million to qualify for the ballot and spent nearly $700 million for the full election cycle, averaging out to about $100 million per ballot initiative.

Cal Cities has been engaged in ballot advocacy for over 20 years. In the early 2000s, Cal Cities developed a ballot advocacy infrastructure that included forming an issue political action committee, fundraising, establishing a network of regional managers, and building a coalition with other organizations to ultimately advocate on a ballot measure. Ballot advocacy requires the approval of the Board of Directors with a supermajority vote.

In the Legislature, Cal Cities plays an active and influential role to ensure that local flexibility and autonomy in the land use and housing space is maintained by engaging on dozens of bills every legislative session to ensure that cities' voices are heard at the state Capitol. Below, you will find Cal Cities “Existing Policy” on local control, housing, and land use policies.

Fiscal Impact
The resolution itself would not have a significant direct fiscal impact. However, depending on what actions follow, the fiscal costs could be significant.

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Existing Cal Cities Policy
Vision
To be recognized and respected as the leading advocate for the common interests of California's cities.

Mission Statement
To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.

We Believe
• Local self-governance is the cornerstone of democracy. • Our strength lies in the unity of our diverse communities of interest. • In the involvement of all stakeholders in establishing goals and in solving problems.
• In conducting the business of government with transparency, openness, respect, and civility.
• The spirit of honest public service is what builds communities. • Open decision-making that is of the highest ethical standards honors the public trust.
• Cities are vital to the strength of the California economy. • The vitality of cities is dependent upon their fiscal stability and local autonomy.
• The active participation of all city officials increases the League's effectiveness.
• Partnerships and collaborations are essential elements of focused advocacy and lobbying.
• Ethical and well-informed city officials are essential for responsive, visionary leadership and effective and efficient city operations.

Zoning
Cal Cities believes local zoning is a primary function of cities and is an essential component of home rule. The process of adoption, implementation and enforcement of zoning ordinances should be open and fair to the public and enhance the responsiveness of local decision-makers. State policy should leave local siting and use decisions to the city and not interfere with local prerogative beyond providing a constitutionally valid procedure for adopting local regulations. State agency siting of facilities, including campuses and office buildings, should be subject to local notice and hearing requirements in order to meet concerns of the local community. Cal Cities opposes legislation that seeks to limit local authority over parking requirements.

Housing Element
Housing issues should be addressed in the general plan as other planning issues are. The housing element should be prepared for the benefit of local 27 Item 6.a
governments and should have equal status with the other elements of the general plan.

Encourage Full Community Participation
Foster an open and inclusive community dialogue and promote alliances and partnerships to meet community needs.

Well-Planned New Growth
Recognize and preserve open space, watersheds, environmental habitats, and agricultural lands, while accommodating new growth in compact forms, in a manner that:
• De-emphasizes automobile dependency;
• Integrates the new growth into existing communities;
• Creates a diversity of affordable housing near employment centers; • Provides job opportunities for people of all ages and income levels.

Support:

The following letters of concurrence were received:

City of Banning
City of Calimesa
City of Canyon Lake
City of Moreno Valley
City of Norco
City of Torrance
Crystal Ruiz, Mayor, City of San Jacinto
Jessica Alexander, Mayor, City of Temecula
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CITY OF VACAVILLE

City Council
Staff Report

Meeting Date: August 25, 2026
To: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
From: Erin Morris, Community & Economic Development Director (Peyman Behvand, Planning Manager (707) 449-5332)
Subject: Ordinance of the City Council of the City of Vacaville to amend Title 14 of the City of Vacaville Municipal Code by amending Division 14.04 entitled General Plan Amendments to change administrative procedures and requirements for General Plan Map and Text Amendment applications (Second Reading)
Actions for Consideration:

The City Council will consider a second reading and adoption of the ordinance to amend Title 14 of the City of Vacaville Municipal Code by amending Division 14.04 entitled General Plan Amendments to change administrative procedures and requirements for General Plan Map and Text Amendment applications.

Recommendation:

By simple motion, adopt the subject ordinance.

Background:

The Vacaville General Plan is a long-range planning policy document that guides future development in the City. It provides policy direction from the Vacaville City Council to address all aspects of development, including land use, transportation, housing, economic development, public facilities and infrastructure, open spaces, and the environment. The General Plan was adopted in 2015 and is intended to guide the City’s actions through 2035.

Under State law, cities may only amend mandatory elements of the General Plan four times per year. The City complies with this requirement and manages all General Plan Amendments (GPAs) to ensure they are grouped to comply with State law. Several applications affecting the same mandatory element may be grouped together as components of the same amendment.

Each amendment may include multiple changes to the General Plan. These components are considered one amendment, provided that the City Council, when taking action, considers each component during a single public hearing and takes action on the amendments as a whole.

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Initiation Hearing
Vacaville Municipal Code (VMC) Section 14.04.010.040 currently requires City Council approval before the formal submittal of a GPA application. This provision intends to avoid processing applications that are substantially inconsistent with City policies or standards. However, this adds processing time and requires staff resources for GPAs, and, in most cases, the Council’s decision on whether to support initiating a General Plan Amendment is made based on partial information and prior to community outreach.

Application Filing Windows
VMC Section 14.04.020.010 currently limits General Plan Applications to two filing windows each year: March through April and September through October. This provision intends to avoid processing applications year-round. If this requirement is removed, Staff would be able to accept GPA applications year-round rather than experience an influx of applications during restricted windows. The City would still need to comply with State legislation that limits the number of times a mandatory element of the General Plan can be amended to a maximum of four times, and Staff would group
On July 28, 2026, the City Council held a public hearing to consider the proposed Zoning Text Amendment, where the Council affirmed no environmental analysis was required for the project in accordance with the California Environmental Quality Act (CEQA), and introduced an ordinance to amend Title 14 of the City of Vacaville Municipal Code by amending Division 14.04 entitled General Plan Amendments to change administrative procedures and requirements for General Plan Map and Text Amendment applications.

Discussion:

Pursuant to California Government Code Section 36934, ordinances shall not be passed within five days of their introduction; therefore, a second reading is required. Second readings may be placed on the consent calendar at the City Manager's discretion, in accordance with VMC Section 2.04.100. Any councilmember may, by simple request, have a consent calendar item brought before the Council for a separate vote. Ordinances passed at a second reading shall take effect 30 days after their final passage. Staff recommends approval of the second reading of the proposed ordinance.

Environmental Impact:

Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), the project is exempt from additional environmental review because there is no possibility that the amendment to procedural and administrative requirements for General Plan Map or Text Amendments in the Vacaville Municipal Code will result in ground-disturbing activities or have a significant effect on the environment.

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Fiscal Impact:

Amount Requested: No additional appropriations are requested.

Alternatives:

The Council may choose not to conduct a second reading of the ordinance. This action is not recommended, as it would not implement the City Council’s previous action to proceed on July 28, 2026.

Strategic Plan Goal:

Quality of Life
Levine Act:

No
Attachments:

Ordinance – Action Item

Exhibit A – Zoning Text Amendment Findings of Fact

Exhibit B – Zoning Text Amendments

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CITY OF VACAVILLE

ORDINANCE NO. 2024
Ordinance of the City Council of the City of Vacaville amending Title 14 of the City of Vacaville Municipal Code by amending Division 14.04 entitled General Plan Amendments to Change Administrative Procedures and Requirements for General Plan Map and Text Amendment Applications
Whereas, on August 11, 2015, the City Council of the City of Vacaville certified the General Plan FEIR (SCH No. 2011022043), and on September 28, 2021, certified the FSEIR for the General Plan Transportation Element Update and Energy and Conservation Action Strategy Update Project (SCH No. 2020090526); and
Whereas, on February 22, 2022, the City Council of the City of Vacaville adopted Ordinance No. 1972 amending Title 14 (Land Use and Development Code) of the Vacaville Municipal Code; and
Whereas, on June 27, 2023, the City Council of the City of Vacaville adopted Resolution No. 2023-059 reaffirming the 2015 General Plan FEIR and 2021 Transportation Element FSEIR and amending the General Plan to adopt the 2023-2031 Housing Element; and Whereas, on January 27, 2026, the City Council adopted Resolution No. 2026-017 to initiate an amendment to the Vacaville Municipal Code Chapter 14.04.010 entitled General Provisions - Title and Chapter 14.04.020 entitled Application Process to allow General Plan amendment applications to be filed year-round and to modify the initiation process for General Plan amendment requests; and
Whereas, the Vacaville Planning Commission held a duly noticed public hearing on June 16, 2026, to consider the Environmental Assessment and Zoning Text Amendment to allow General Plan amendment applications to be filed year-round and to modify the initiation process for General Plan amendment requests; and
Whereas, the Vacaville Planning Commission voted 6-0 to recommend that the City Council determine the project is categorically exempt from environmental review in accordance with Section 15061(b)(3) of the California Environmental Quality Act, and adopt the Zoning Text Amendments, based on the Findings of Fact as shown in Exhibit A; and Whereas, the Vacaville City Council held a duly noticed public hearing on July 28, 2026, to consider the amendment to the Vacaville Municipal Code Chapter 14.04.010 entitled General Provisions - Title and Chapter 14.04.020 entitled Application Process to allow General Plan amendment applications to be filed year-round and to modify the initiation process for General Plan amendment requests, where they received testimony from City staff and all interested persons regarding the proposed project; and

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Whereas, the Vacaville City Council affirmed the General Plan Amendment Zoning Text Amendments are categorically exempt from environmental review in accordance with Section 15061(b)(3) of the California Environmental Quality Act, which is hereby referenced as City Council Resolution 2026-125.

Now, therefore the City Council of the City of Vacaville does ordain as follows:

Section One: The City Council hereby finds the facts set forth in the recitals to this Ordinance are true and correct and establishes the factual basis for the City Council’s adoption of this Ordinance.

Section Two: The City Council has reviewed the Zoning Text Amendment request for Division 14.04, entitled General Plan Amendments, as shown in Exhibit A and Exhibit B, and adopts findings of fact shown in Exhibit A.

Section Three: The City Council hereby adopts the Zoning Text Amendments to Title 14 of the City of Vacaville Municipal Code by amending Division 14.04 entitled General Plan Amendments to change administrative procedures and requirements for General Plan Map and text amendment applications as shown in Exhibit B, which is hereby incorporated by reference into this Ordinance.

Section Four: If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance.

The City Council hereby declares that it would have passed this ordinance and each section, subsection, phrase, or clause thereof irrespective of the fact that any one or more section, subsection, phrases, or clauses be declared unconstitutional.

Section Five: This ordinance shall take effect thirty (30) days after passage thereof.

Section Six: This ordinance shall be published in accordance with the provisions of California Government Code Section 36933.

I hereby certify that this ordinance was introduced at a regular meeting of the City Council of the City of Vacaville, held on the 28th day of July 2026, and adopted and passed at the regular meeting of the City Council of the City of Vacaville held on the 25th day of August 2026 by the following vote:

Ayes: Councilmembers Stockton, Ritchie, Chapman, Fremouw, Wylie, Vice Mayor Silva
Noes: None

Absent: None

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Attest:

_____________________________
Michelle A. Thornbrugh, City Clerk

Date: _________________________
Approved:

_____________________________
John Carli, Mayor

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Exhibit A to Ordinance No. ___________

General Plan Amendment Zoning Ordinance Text Amendment
Findings of Fact
Citywide
Categorical Exemption and Zoning Text Amendment
File No. 26-022

Code sections referenced below are from the Vacaville Municipal Code (VMC), and the California Environmental Quality Act (CEQA), unless otherwise specified.

Summary of Evidence

The decision-maker bases its decision on the following information: (1) the project application, including attachments and related studies; (2) the staff reports, City files, records and other documents prepared for and/or submitted to the City relating to the environmental review and the project itself; (3) the evidence, facts, findings and other determinations set forth in this resolution; (4) the Vacaville General Plan, the Vacaville Land Use and Development Code and other applicable plans, codes and resolutions of the City of Vacaville; (5) all documentary and oral evidence received at public workshops, neighborhood meetings, and hearings or submitted to the City during the comment period relating to the project or the environmental review; (6) the minutes and recordings of the Planning Commission hearings; and (7) all other matters of common knowledge to the to the City, including, but not limited to, City, state, and federal laws, policies, rules, regulations, reports, records and projections related to development within the City and its surrounding areas.

Zoning Text Amendment Findings

VMC Section 14.09.020.070 Amendments to Zoning Ordinance and Zoning Map – Required Findings

The City Council hereby approves the Zoning Text Amendments, based on the following findings:

A. That the proposed amendments are internally consistent with the goals, objectives, and policies of the General Plan, the Zoning Ordinance, and the Land Use and Development Code;

Finding: The project meets this finding as described below:

1. GENERAL PLAN – As proposed, the project is consistent with the following goals and policies of the Vacaville General Plan:

HE.4 Identify and address governmental and nongovernmental constraints to the production, improvement, and preservation of housing in Vacaville.

HE.11 Allow a shortened process to help expedite housing projects and work with applicants to combine stages of the review process to help facilitate an expedited review.

2. ZONING ORDINANCE – The project is consistent with the Zoning Ordinance because:
(1) the City provided adequate notification about the project in accordance with Section Item 9.a

14.09.030.070 (Public Notice) of the Code.

3. DEVELOPMENT CODE – The Zoning Text Amendment modifies an existing administrative procedure for processing General Plan text and map amendments. The project, as proposed, will be internally consistent with the Vacaville Land Use and Development Code.

B. That the proposed amendments would not be detrimental to the public health, safety, or welfare of the community;

Finding: The project meets this finding because: (1) the amendment modifies administrative procedures for processing General Plan amendments; and (2) any new application received under the proposed amendments would be required to demonstrate compliance with the City’s development standards and would require a neighborhood meeting, Planning Commission meeting, and City Council public hearing.

C. That the proposed amendments would maintain the appropriate balance of land uses within the City;

Finding: The project meets this finding because new applications received under this text amendment will still be required to be reviewed by City staff, presented to the public for feedback at a neighborhood meeting, presented to the Planning Commission, and presented to the City Council for a public hearing.

D. That the anticipated land uses on the subject site would be compatible with existing and future surrounding uses;

Finding: The project meets this finding because it is for an amendment to an administrative process and not a land development proposal.

E. That the potential impacts to the City’s inventory of residential lands has been considered; and

Finding: Not applicable. The project proposal is to amend the Vacaville Land Use and Development Code to modify administrative procedures. There would be no impact to the City’s inventory of residential lands.

F. That the proposed amendment is consistent with any development-related application that is processed and approved concurrently with the amendment application.

Finding: There are no other development-related applications that are being processed concurrently with the amendment application.

Zoning Text Amendment Conclusion

The project meets all of the required findings for approving the Zoning Map Amendment.

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Attachment 1 To Ordinance No. ___________

General Plan Amendment Zoning Ordinance Text Amendment
Citywide
Zoning Text Amendment

Amended text is written in red strikethrough for deletions and red underlined for additions.

Chapter 14.040.010
General Provisions

Section 14.04.010.010. Title.

This division shall be known as the General Plan Amendment Ordinance of the City.

Section 14.04.010.020. Purpose.

The General Plan serves as the long range master plan guiding the direction of development within the community. As conditions within the City change, it may become necessary to amend or update the General Plan to ensure its effectiveness. This division establishes the minimum standards for processing applications to amend the General Plan. However, the Director of Community Development may determine that significantly complex projects, such as a General Plan update, require a greater level of review, and may provide for additional notice or public participation beyond the provisions of this division.

The regulations of this chapter are established to achieve the following:

A. To comply with the requirements of the California Government Code as they pertain to planning, zoning, and development;

B. To establish the procedures for the review and processing of applications to amend the General Plan;

C. To ensure that the General Plan is internally consistent; and

D. To ensure that the General Plan remains an effective, timely guide for orderly growth and development, the preservation of open space land, and the protection of the public health, safety, and welfare.

Section 14.04.010.030. Reference to the California Government Code.

This division is intended to supplement the California Planning and Zoning Law, Division 1 of Title 7 of the California Government Code, regulating the processing, review, and adoption of General Plans, updates, and amendments. Where this division establishes more restrictive objectives and procedures that are unique to the City and are consistent with the California Government Code, the more restrictive procedures shall apply. Any revision to Division 1 of Title 7 of the California Government Code that is applicable to this division, shall automatically be incorporated by reference into this division; provided, that the revisions are not less restrictive than those required by the City.

Section 14.04.010.040. Initiation of Amendment.

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An amendment to the General Plan map or text may be initiated by:

A. A motion of the City Council or Planning Commission; or

B. An application by the owner or authorized agent of property for which the amendment is sought, and if the subject property is under multiple ownership, all of the owners or their authorized agents shall join in filing the petition; or

C. Any director of a City department to the Planning Commission and City Council.

Amendments to the General Plan may be initiated by the City Council at the City Council's discretion through a specific action, through the adoption of the City's operating budget, or through any other form of City Council direction. Requests to initiate a General Plan amendment may be made as follows:

A. City-Initiated Projects

1. The Planning Commission may request that the City Council initiate an amendment; and/or

2. The Director of Community Development may request that the City Council initiate an amendment for City-sponsored projects.

B. Non-City-Initiated Projects

1. An application for a project that is not City-initiated may be submitted within one of the designated application periods, as described in Section 14.04.020.010; and

2. The City Council shall have the discretion to initiate a General Plan amendment for a non-City-related project during a time other than one of the designated application periods, as described in Section 14.04.020.010.A, when the City Council finds that the project will result in a community-wide benefit or when the amendment is necessary to deal with a unique or unforeseen circumstance.

C. Requests for non-City-initiated amendments shall be reviewed and processed as follows:

1. Any interested party may submit an application for a General Plan amendment in accordance with the provisions of this division.

2. Such applications shall be reviewed by the City Council. The City Council may initiate the amendment and direct staff to proceed with processing the application.

3. The City Council may decline to initiate the application for reasons which may include the following:

a. The amendment is substantially inconsistent with City policies or standards; and

b. Staff resources are not available at the time to provide for processing of the application due to priorities or staff commitments established through a City- adopted work program.

Item 9.a

4. A determination by the City Council to initiate an application shall not be considered an indication that the amendment either will be recommended for approval or will be approved.

Section 14.04.010.050. Limitation on Number of Amendments.

A. Except as otherwise provided in Division 1 of Title 7 of the California Government Code, no mandatory element of the General Plan shall be amended more than four times per calendar year.

B. Several applications affecting the same mandatory element may be grouped together as components of the same amendment. Each amendment may include more than one change to the General Plan. Such components shall be considered one amendment provided the City Council, when taking an action, considers each component during one public hearing and takes one action on the amendments as a whole.

Chapter 14.040.020
Application Process

Section 14.04.020.010. Application and Fees.

A. An application for a General Plan amendment shall be made on a form specified by the Director of Community & Economic Development.

B. The application shall include all items described on the application form.

C. The application shall be accompanied by fees set by resolution of the City Council sufficient to cover costs associated with processing the application and with conducting any related environmental review, as necessary.

Applications to amend the General Plan shall be accepted in accordance with the following provisions:

A. General Plan amendment applications for non-City-initiated projects may be accepted by the City during two window periods per calendar year. These window periods shall be during the months of March through April and September through October.

B. An application for a General Plan amendment shall be made on a form specified by the Director of Community Development. The application shall include all items described on the application form, all items described on the supplemental application form, and shall be accompanied by fees set by resolution of the City Council sufficient to cover costs associated with processing the application and with conducting any related environmental review, as necessary.

Section 14.04.020.020. Refund of Fees.

Applications that are withdrawn may be eligible for a refund of fees only in the following instances:

A. Full refund if no action has been taken to review the application materials.

Item 9.a

B. If the City Council declines to initiate an amendment application submitted by a private party, the applicant may receive a partial refund of fees, with the amount to be determined by the Director of Community Development, based upon the total costs of the City's review up to the point of the Council decision.

C. Partial refund, with the amount to be determined by the Director of Community Development, based upon the total costs of the City's review prior to the City receiving notice that the application is withdrawn.

D. No refund shall be given after the preparation of a staff report for the Planning Commission or the City Council.

Section 14.04.020.030. Submittal With Other Applications.

A zoning map amendment or a development-related application may be processed concurrently with a General Plan amendment if the Director of Community Development determines that there are no major conflicting policy issues associated with the amendment. A General Plan amendment application that is processed as a special performance option shall follow the procedures established in this division, except as otherwise required by Chapter 14.04.030 of this code.

A. Two or more applications may be presented together during the public hearing; however, if approval of the General Plan amendment is necessary to ensure consistency between the General Plan and the accompanying applications, then the General Plan amendment shall be acted upon prior to an action being taken on any other application.

1. If the Planning Commission is the decision maker for a development-related application filed concurrently with a General Plan amendment, the Planning Commission action shall be as follows:

a. If a General Plan amendment is filed concurrently with a nonresidential development-related application, the Planning Commission shall make a recommendation on the General Plan amendment, but shall take action on the development-related application only after the City Council has approved the General Plan amendment; or

b. If a General Plan amendment is filed concurrently with a zoning map amendment and a residential development project, the Planning Commission shall make a recommendation on the whole of the project, and the City Council shall approve, approve with modifications, or deny the project.

Item 9.a

CITY OF VACAVILLE

CITY COUNCIL

STAFF REPORT

Meeting Date: August 25, 2026
To: Honorable Mayor and City Council Members
Attention: Savita Chaudhary, City Manager
From: Ken Matsumiya, Director of Finance
Shelby Milliren, Assistant Director of Finance
(Staff Contact: Heather Cornelison, Finance Supervisor (707) 449-5302) Subject: Ordinance of the City Council of the City of Vacaville Amending Title 5, Chapters 5.04 through 5.36 of the Vacaville Municipal Code Relating to Business Licenses
Actions for Consideration:

Adopt an ordinance of the City Council of the City of Vacaville amending Title 5, Chapters 5.04 through 5.36 of the Vacaville Municipal Code to update agency and statutory references, correct internal cross-references, reorganize the exemptions chapter, clarify enforcement and appeal procedures, update taxicab insurance requirements, and make related technical corrections; and direct the City Clerk to publish a summary of the ordinance as required by Government Code section 36933.

Recommendations:

By simple motion, adopt the subject ordinance.

Background:

Title 5 of the Vacaville Municipal Code governs the City's business license tax requirements and specific business regulations. The title was first adopted in comprehensive form by Ordinance No. 923 in 1977 and has not undergone a systematic review in nearly fifty years. During that period, certain provisions became inconsistent with current law and administrative practice, contained references to obsolete agency names and statutory citations, and included internal cross- references to sections that no longer exist in the Code.

A comprehensive review of Title 5 was conducted by the Finance and City Attorney's offices, and a range of amendments were identified as necessary to bring the title into conformity with current law, correct existing deficiencies, and provide clearer and more workable enforcement and appeal procedures.

Item 9.b

Discussion:

On August 11, 2026, the City Council introduced and waived first reading of an ordinance amending Title 5, Chapters 5.04 through 5.36 of the Vacaville Municipal Code. No changes have been made to the ordinance since its introduction. The amendments are summarized in the table below and shown in full in Attachments 1 and 2.

Chapter 5.04 -- 5.04.030: Updated agency name from State Department of Employment to Employment Development Department and statutory reference to California Unemployment Insurance Code. 5.04.060 and 5.04.070: Corrected missing commas in employee and business definitions. 5.04.120: Corrected possessive in NAICS definition.

Chapter 5.08 -- 5.08.030: Clarified deemed approval mechanism and established 10-day deficiency notice window. 5.08.040: Reorganized and clarified confidentiality provisions.

5.08.110: Corrected two dead cross-references to eliminated code sections.

Chapter 5.12 -- 5.12.070: Corrected officer title from License Collector to Tax Collector for consistency throughout the title.

Chapter 5.16 -- 5.16.020: Resolved duplicate section number error. 5.16.030 through 5.16.100:

Renumbered downstream sections with conforming cross-reference corrections. 5.16.090:

Clarified employee exemption to distinguish W-2 employees from independent contractors.

5.16.100: Restructured veteran exemption for clarity. 5.16.120: Corrected dead cross-references to eliminated code sections.

Chapter 5.20 -- 5.20.030 and 5.20.060: Corrected dead cross-references to eliminated code sections. 5.20.070: Established defined timelines at the City Manager and City Council appeal levels.

Chapter 5.24 -- 5.24.061(A): Corrected Penal Code subdivision citation. 5.24.090(E): Corrected grammatically incomplete sentence.

Chapters 5.25 and 5.26 -- Corrected typographical errors including word substitution, duplicate periods, and misspellings.

Chapter 5.32 -- 5.32.090: Replaced fixed dollar insurance minimums established in 1980 with reference to the City's then-current insurance requirements.

Chapter 5.36 -- 5.36.060(C): Corrected scope reference from "this chapter" to "this title." 5.36.100:

Restored missing subsection B. 5.36.110(B): Corrected capitalization.

Item 9.b

This update is timely. The accumulation of broken cross-references, outdated agency names, and drafting defects over nearly fifty years of piecemeal amendments has made consistent administration of the business license program increasingly difficult for staff. Correcting these deficiencies now reduces regulatory risk, improves clarity for businesses and the public, and ensures that the City's enforcement and appeal procedures will withstand legal scrutiny. The appeal timeline provisions in particular address a longstanding procedural gap that exposed the City to potential challenges from appellants who had no right to timely resolution at the City Manager or Council level.

This ordinance makes no changes to existing business license tax rates, fee schedules, or exemption eligibility standards and imposes no new taxes. No changes have been made to the ordinance since its introduction on August 11, 2026.

Environmental Impact:

This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project that has the potential to result in either a physical change in the environment or a reasonably foreseeable indirect physical change in the environment, pursuant to California Code of Regulations Title 14 Section 15378(b)(5).

Fiscal Impact:

Amount Requested: There are no funds requested for this item.

Funding Source: General Fund (1001)
Budget Distribution: The costs of staff time associated with this item are covered within the existing Finance Department operating budget.

Alternatives:

The City Council could decide not to adopt the subject ordinance and leave the affected language as-is. Staff does not recommend this option, as it would leave outdated and potentially inconsistent code provisions in place, which could increase regulatory risk and limit the City's ability to effectively enforce current state and federal requirements.

Strategic Plan Goal:

Fiscal Health
Levine Act:

No
Attachments:

Proposed Ordinance
Attachment 1: Vacaville Municipal Code Title 5 – Redlined Text for Comparison Attachment 2: Vacaville Municipal Code Title 5 – Clean Text for Adoption Item 9.b

CITY OF VACAVILLE

ORDINANCE NO. 2025
An Ordinance of the City Council of the City of Vacaville Amending Title 5, Chapters 5.04 Through 5.36 Of the Vacaville Municipal Code Relating to Business Licenses, To Update Agency and Statutory References, Correct Internal Cross- References, Reorganize the Exemptions Chapter, Clarify Enforcement and Appeal Procedures, Update Taxicab Insurance Requirements, and Make Related Technical Corrections
Whereas, the City of Vacaville, California ("City") is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and Whereas, the City imposes business license taxes pursuant to the authority granted by California Government Code Section 37101 and Title 5 of the Vacaville Municipal Code ("VMC"), originally adopted by Ordinance No. 923 in 1977 and amended periodically since that time; and Whereas, Title 5 of the VMC has not been subject to a comprehensive review since its original adoption in 1977, and certain provisions reflect outdated agency names, obsolete statutory references, and internal cross-references to sections that no longer exist in the Code following prior amendments, creating ambiguity that this Ordinance is intended to resolve; Whereas, the City desires to update Title 5 to reflect current law and administrative practice, including correcting references to the former "State Department of Employment," which has operated as the Employment Development Department under the California Unemployment Insurance Code since 1974, and correcting erroneous or superseded citations elsewhere in the title; and
Whereas, the City desires to strengthen the application process by revising Section

5.08.030 to provide a meaningful deemed approval mechanism and to establish a defined timeframe within which the Tax Collector must issue a written notice of deficiency, in order to provide clarity for applicants and administrative consistency for the City; and Whereas, the enforcement and appeal provisions in Chapter 5.20 lacked defined timelines at the City Manager and City Council appeal levels, leaving appellants without a procedural right to timely resolution, and this Ordinance establishes those timelines; and Whereas, Chapter 5.16 requires reorganization to resolve a codification error in which two separate provisions were assigned the same section number, and to correct a drafting defect in the veteran exemption in which the exclusion for intoxicating liquor businesses was grammatically attached to the proprietorship condition rather than to the grant of exemption; and Whereas, the City desires to update the taxicab insurance provision in Section 5.32.090 to replace fixed dollar minimums established in 1980 with a reference to the City's then-current Item 9.b

insurance requirements, consistent with the City's existing risk management framework and avoiding the need for future Code amendments each time insurance standards change; and Whereas, no provision of this Ordinance imposes a new tax or increases any existing tax rate, and the business license tax rates, fee schedules, and exemption thresholds established in Title 5 are unchanged by this Ordinance; and
Whereas, the City Council of the City of Vacaville has considered all pertinent testimony and the staff report, attachments, and all supporting materials referenced therein or offered on the matter at the public meeting, and finds that the proposed amendments to Title 5 of the Vacaville Municipal Code, as shown in Attachments 1 and 2, are consistent with state law and will allow the City to maintain an accurate, internally consistent, and administratively workable business license tax framework.

Now, therefore the City Council of the City of Vacaville does ordain as follows:

Section One: Incorporation by Reference. The City Council hereby finds the facts set forth in the recitals to this Ordinance are true and correct and establish the factual basis for the City Council's adoption of this Ordinance.

Section Two: Environmental Review. The City Council determines that adoption of this Ordinance is not a project under the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15378, because it involves administrative activities of the City that will not result in direct or indirect physical changes to the environment. Further, the action is otherwise exempt from CEQA under CEQA Guidelines Sections 15358 and 15061(b)(3), as the action has no potential for resulting in physical change to the environment, directly or indirectly, and there exists no possibility that the activity will have a significant adverse effect on the environment.

Section Three: Adoption. The City Council hereby amends Chapters 5.04 through 5.36 of the Vacaville Municipal Code to read in full as set forth in Attachment 2 hereto, which is hereby incorporated by this reference into this Ordinance.

Section Four: Severability. If any section, subsection, phrase, or clause of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, phrase, or clause thereof irrespective of the fact that any one or more section, subsection, phrases, or clauses are declared unconstitutional.

Section Five: Effective Date. This Ordinance shall take effect thirty (30) days after passage thereof.

Section Six: Publication. This Ordinance shall be published in accordance with the provisions of Government Code Section 36933.

I hereby certify that this ordinance was introduced at a regular meeting of the City Council of the City of Vacaville, held on August 11, 2026, and adopted and passed at a regular meeting of the City Council of the City of Vacaville held on August 25, 2026 by the following vote:

Item 9.b

Ayes: Councilmembers Stockton, Ritchie, Chapman, Fremouw, Wylie, Vice Mayor Silva, and Mayor Carli
Noes: None

Absent: None

Attest:

_____________________________
Michelle A. Thornbrugh, City Clerk

Date: _________________________

Approved:

_____________________________
John Carli, Mayor

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CHAPTERChapter 5.04

PURPOSE AND DEFINITIONS

§ 5.04.010. Purpose.

This title is enacted solely to raise revenue for municipal purposes and is not intended for purposes of regulation. (Ord. 923 § 1, 1977)

§ 5.04.020. Definitions generally.

For the purpose of this title, certain words and phrases are defined, and certain provisions shall be construed as set forth in this section, unless it is apparent from their context that a different meaning is intended. (Ord. 923 § 2, 1977)

§ 5.04.030. Average number of employees.

A. "A. “Average number of employees"” means the average number of employees employed in the city in the applicant'sapplicant’s business during the one year immediately preceding the commencement of the year for which the license is being issued, and shall be determined as follows:

1. 1. By ascertaining the number of employees as defined in this section, employed within the city, earning wages during pay periods nearest the fifteenth day of each month as reported to the StateEmployment Development Department of Employment on forms which are used for reporting payments due under the California Unemployment Insurance ActCode, for each month of the previous calendar year, adding the same and dividing by twelve. If the employer has been in business less than one year, hethe employer may use the estimated number of employees who will be employed by him during the remainder of the fiscal year; or

2. 2. At the option of the licensee, the average number of persons employed daily in the applicant'sapplicant’s business for one year for the purpose of fixing the license tax due under this title shall be determined by ascertaining the total number of hours of service performed by all employees in the city during the previous year and dividing the total number of hours of service thus obtained by the number of hours of service constituting a year'syear’s work of one full-time employee according to the custom or laws governing such employment. On the basis of no other information, a year'syear’s work shall be computed on a thirty-five hour week.

B. B. In computing the average number of persons employed, fractions of numbers after the first employee, shall be excluded. rounded down to the nearest whole number prior to applying the license tax. (Ord. 923 § 2.6, 1977; Ord. 1634, Amended, 02/11/2000)

§ 5.04.040. Business.
"“Business"” means professions, trades, and occupations and all and every kind of calling carried on for profit or livelihood.

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(Ord. 923 § 2.2, 1977)

§ 5.04.050. City.
"“City"” means the city of Vacaville. (Ord. 923 § 2.1, 1977)

§ 5.04.060. Employee.
"“Employee"” means each and every natural person engaged in the operation or conduct of any business, whether as owner, member of the owner'sowner’s family, partner, associate, agent, manager or solicitor, and each and every other natural person employed or working in such business within the city., whether on a permanent, seasonal, temporary, probationary, full- time, or part-time basis, regardless of basis of compensation, and any and all other persons employed or working in such business, including but not limited to students and apprentices work ing in connection with instruction in any business, for which service the owner, operator, or management receives compensation or a thing of value . (Ord. 923 § 2.5, 1977)

§ 5.04.070. Engaged in business.
"“Engaged in business"” means the conducting, operating, managing or carrying on of a business, whether done as owner, or by means of an officer, agent, manager, employee, servant or otherwise. (Ord. 923 § 2.3, 1977)

§ 5.04.080. Fixed place of business.
"“Fixed place of business"” means the premises occupied in the city for the particular purpose of conducting a business thereat and regularly kept open for that purpose with a competent person in attendance for the purpose of attending to said business.
(Ord. 923 § 2.11, 1977)

§ 5.04.090. Gross receipts.
"“Gross receipts"” means the total amount of the sales price of all sales and the total amount charged or received for the performance of any act, service, or employment, for whatever nature it may be, for which a charge is made or credit allowed. Included in gross receipts shall be all receipts, cash, credits and property of any kind or nature and any amount for which credit is allowed by the seller to the purchaser without any deduction therefrom on account of the cost of the property sold, the cost of the materials used, labor or service cost, interest paid or payable or losses or other expenses whatever. Excluded from gross receipts shall be cash discounts allowed and taken on sales, value of property accepted as part of the purchase price and which property will later be sold, any tax which is measured by the sales price or the gross receipts from the sale or which is a stated sum per unit of such property sold, included in or added to the purchase price and collected from the consumer or purchaser, and such part of the sales price of property returned by the purchaser upon rescission of the contract of sale as is refunded either in cash or by credit. (Ord. 923 § 2.10, 1977)

§ 5.04.100. License.
"“License"” or “business license” means the certificatebusiness tax receipt issued by the city to the taxpayerbusiness upon payment of a tax prescribed by this title, evidencing payment of such tax. (Ord. 923 § 2.7, 1977)
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Vacaville Municipal Code
Chapter 5.04 PURPOSE AND DEFINITIONS

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§ 5.04.110. Licensee.
"“Licensee"” means any person who holds a valid current license issued to himsuch person under this title. (Ord. 923 § 2.8, 1977)

§ 5.04.120. North American Industry Classification System (NAICS). "“North American Industry Classification System"” or "“NAICS"” means the latest edition of the North American Industry Classification System produced by the Office of Management and BudgetsBudget’s Economic Classification Policy Committee of the U.S. Department of Commerce, as may be amended from time to time. (Manual, Added, 02/11/2000, Changed by Ord. 1634)

§ 5.04.130. Person.
"“Person"” means any domestic or foreign corporation, firm, association, syndicate, joint stock company, partnership of any kind, joint venture, club, Massachusetts business or common law trust, society or individual. (Ord. 923 § 2.4, 1977; Manual, Renumbered, 02/11/2000, Changed by Ord. 1634)

§ 5.04.140. Shall and may.
"“Shall"” is mandatory, "“may"” is permissive.
(Ord. 923 § 2.12, 1977; Manual, Renumbered, 02/11/2000, Renumber by Ord. 1634)

§ 5.04.150. Tax collector.
"“Tax collector"” means the City Manager or his /or her authorized designee. (Ord. 923 § 2.13, 1977; Ord. 1634, Renumbered, 02/11/2000)
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CHAPTERChapter 5.08

GENERAL LICENSING

§ 5.08.010. License and tax payment required.

A. A. There are imposed upon all persons engaged in business in the city license taxes in the amounts prescribed in this title. It is unlawful for any person, either for himself or for any other person, to commence transact or carry on any business in the city not excluded by this title without first having procured a license from the city to do so, or without complying with any and all provisions contained in this title. The carrying on of any business without first having a license under this title from the city to do so, or without complying with any and all provisions of this title shall constitute a separate violation of this title for each and every day that such business is so carried on.

B. The license required to be obtained and the tax required to be paid are declared to be required pursuant to the taxing power of the city solely for the purpose of obtaining revenue. (Ord. 923 § 3.1, 1977)

§ 5.08.B. It is unlawful for any person, either for themselves or for any other person, to conduct in the city any business taxed under this article without a current and valid business license from the city and without paying the business license tax, if any, required by this article. Even if a business does not owe business license tax, it must obtain a valid business license.

C. The carrying on of any business without first having obtained a license under this title, or without complying with any and all provisions of this title, shall be unlawful.

D. A business license is not permission to carry on a business at any place within the city where conducting such business is prohibited or fails to comply with the city’s zoning, planning, building, and business regulations.

E. A violation of subsections A, B, C, or D will be addressed under the enforcement provisions of Chapter 5.20 of this title, and the financial penalties set forth in section 5.08.100 shall apply.

F. This section shall not be construed to require any person to obtain a license prior to doing business within the city if such requirement conflicts with applicable statutes of the United States or of the state of California. Persons not so required to obtain a license prior to doing business within the city nevertheless may be liable for payment of the tax imposed by this chapter.

5.08.020. Unlawful business not authorized.

No license issued under the provisions of this title shall be construed as authorizing the conduct or continuance of any illegal or unlawful business or any business in violation of any ordinance of the city. (Ord. 923 § 3.2, 1977)

§ 5.08.030. Application – Required.

A. Every person requiredsubject to have a license under the provisionslicensing requirements of this title shall makesubmit an application for the same,issuance or for renewal of the same,a business license to the City Tax Collector Item 9.b
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of the City. Such application shall be a written statement upon a form or forms provided by the Tax Collector and shall be signed by the applicant under penalty of perjury. .

B. The application shall set forth such be made in writing, on a form prescribed by the Tax Collector, and shall be executed under penalty of perjury.

C. The application shall include all information as may be required thereinby the Tax Collector and as may be any additional information reasonably necessary to properly determine the amount of the license tax to be paid by the applicant. due.

D. The Tax Collector shall grant or deny the application within thirty (30) calendar days of receipt of a completed application. The Tax Collector reserves the right to review all the information submitted as part of the application for audit and verification purposes.

E. If the Tax Collector fails to take actionact on the application within 30 calendar days after a properly completed application within thirty (30) calendar days of the date it is stamped as received, the application shall be deemed granted, subject to strict compliance with this chapterapproved and the applicant shall be entitled to conduct the business described in the application. A deemed-approved license remains subject to all enforcement provisions of Chapter 5.20, and any subsequent determination that the applicant is not in compli ance shall be grounds for revocation under the procedures set forth therein. For purposes of this subsection, an application shall be considered properly completed if the Tax Collector has not issued a written notice of deficiency within ten (10) calendar days of receipt. (Ord. 923 § 3.3, 1977; Ord. 1830, Amended, 03/09/2010)

5.08.040. Application – Verification.Confidential
No application shall be conclusive as to the matters set forth therein, nor shall the filing of the same preclude the city from collecting by appropriate action such tax as is actually due and payable under this title. Each application, and all statements and information contained therein, may be subject to review, audit and verification by the tax collector, his deputies or other authorized employees of the city. All licensees, applicants for licenses and persons engaged in business in the city are required to permit examination of their books, records and papers for the purposes aforesaid. The information or data obtained from such examination or audit, or from any application required under this title, shall be deemed to be confidential, except that such may be used for the purpose of enforcing the provisions of this title.

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(Ord. 923 § 3.4, 1977)

§ A. It is unlawful for the Collector or any person having an administrative duty under the provisions of this chapter to make known in any manner whatever the business affairs, operations, or information obtained by an investigation of records and equipment of any person visited or examined in the discharge of official duty, or the amount or source of income, profits, losses, expenditures, or any particular thereof, set forth in any statement or application, or to permit any statement or application, or copy of either, or any book containing any abstract or particulars thereof to be seen or examined by any person; provided, that nothing in this section shall be construed to prevent:

1.  The disclosure to, or the examination of records and equipment by, another City official, employee, or agent for collection of taxes for the sole purpose of administering or enforcing any provisions of this chapter, or collecting taxes imposed under this chapter;

2. The disclosure of information to, or the examination of records by, Federal or State officials, or the tax officials of another city or county, or city and county, if a reciprocal arrangement exists, or to a grand jury or court of law, upon subpoena;

3. The disclosure of information and results of examination of records of particular taxpayers, or relating to particular taxpayers, to a court of law in a proceeding brought to determine the existence or amount of any license tax liability of the particular taxpayers to the City;

4. The disclosure, after the filing of a written request to that effect, to the taxpayer, or to the taxpayer successors, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested, of information as to the items included in the measure of any paid tax, any unpaid tax or amounts of tax required to be collected, interest and penalties; further provided, however, that the City Attorney approves each such disclosure and that the Collector may refuse to make any disclosure referred to in this subsection when in his opinion the public interest would suffer thereby;

5. The disclosure of the names and business addresses of persons to whom licenses have been issued, and the general type or nature of their business;

6. The disclosure by way of public meeting or otherwise of such information as may be necessary to the City Council in order to permit it to be fully advised as to the facts when a taxpayer files a claim for refund of license taxes, or submits an offer of compromise with regard to a claim asserted against taxpayer by the City for license taxes, or when acting upon any other matter;

7. The disclosure of general statistics regarding taxes collected or business done in the City.

5.08.050. Term.

No license shall be issued under this title for a term in excess of one year. All annual licenses shall expire on April 30th of each year.
(Ord. 923 § 3.5, 1977; Ord. 1380 § 1(part), 1989; Ord. 1634, Amended, 02/11/2000)

§ 5.08.060. Proration for new business.

Business licenses and business license taxes for new businesses commencing after the first day of May will be prorated on a monthly basis for the balance of the annual license period. (Ord. 923 § 3.6, 1977; Ord. 1380 § 1(part), 1989; Ord. 1634, Amended, 02/11/2000; Ord. 1830, Amended, 03/09/2010)

§ 5.08.070. Payment.

All license taxes imposed under this title 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. 923 § 3.7, 1977)

§ 5.08.080. When payable.

A. All license taxes imposed under this title shall be paid in advance, except where otherwise specifically provided, and shall be due and payable at the following times:

A. 1. Annually, onbefore the first day of May;
B. 2. 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 title, 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. 923 § 3.8, 1977; Ord. 1380 § 1(part), 1989; Ord. 1634, Amended, 02/11/2000)

§ 5.08.090. Delinquency dates.

Unless otherwise specifically provided under other provisions of this title, all continuing business license taxes required to be paid under this title shall be deemed delinquent if not paid or postmarked on or before the thirtieth day of April of the current license year. For new businesses commencing after the first day of May the tax shall be delinquent thirty days after commencement of business.
(Ord. 923 § 3.9, 1977; Ord. 1380 § 1(part), 1989; Ord. 1634, Amended, 02/11/2000)

§ 5.08.100. Delinquency penalty.

Any person whoAny business that operates without a business license tax receipt or fails to pay any business license taxes required to be paid by this title within the time required shall pay a penalty of fifty percent of the amount of the tax in addition to the amount of such due. This initial penalty shall apply on the first calendar day the tax, and shall pay becomes delinquent. Thereafter, the business shall incur an additional ten percent (10%) of the amount of such tax for each subsequent month of continued delinquency after the first month; provided, that the amount of such penalty shall in no event. However, total penalties shall not exceed one hundred percent (100%) of the amount of the business license tax due for the applicable period.

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that period.
(Ord. 923 § 3.10 1977; Ord. 1634, Amended, 02/11/2000)

§ 5.08.110. Refunds.

A. A. No refunds will be made on any amount paid as a license tax except in the case of error on the part of the city in the determination of the amount of the license tax or in the event of double payment for a license.

B. B. Refunds may be made by the tax collectorTax Collector, pursuant to the provisions of subsection A of this section; provided that, (1) a written claim for the refund, made upon a form provided thereforetherefor by the tax collectorTax Collector, stating under penalty of perjury the specific grounds upon which the claim for refund is founded, is filed with the tax collectorTax Collector within one year of the date the city received the payment of which refund is sought; and (2) the tax collectorTax Collector is satisfied, on the basis of written business records and other records submitted by the claimant, that the claimant is entitled to the refund under the provisions of subsection A of this section; provided, however, that the tax collector (or his authorized agent)Tax Collector shall have the right to examine and audit all the books and business records of the claimant in order to determine the eligibility of the claimant to the refund claimed by himthem; and provided further, that no claim for refund shall be allowed if the claimant thereforthereafter refuses to allow such examination of his books and business cardsrecords after request by said tax collectorTax Collector to do so.

C. C. Any decision of the tax collectorTax Collector made under this section shall be final unless the same is appealed to the city council City Manager within ten days after notice thereof given in the same manner as provided for giving of notice of assessment under Section 5.20.120060. The procedure for appeal set forth in Section 5.20.130070 shall apply insofar as such procedure is not inconsistent with the provisions of this section. The decision of the city council shall be final and conclusive on any matter appealed to it under this section. (Ord. 923 § 3.11, 1977)

§ 5.08.120. Branch establishments.

Separate licenses must be obtained for each branch establishment or location of the business engaged in, as if each such branch establishment or location were a separate business, and each license shall authorize the licensee to engage only inbe for the business licensed thereby at the location or in the manner designated in such license; provided, that warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this title shall not be deemed to be separate places of business or branch establishments. (Ord. 923 § 3.12, 1977)

§ 5.08.130. Carrying on two or more businesses at one location.

If a person engages in two or more separate businesses at the same establishment or location, there shall be but onea separate business tax license issued to him, based onfor each business. Separate business operations are further defined as involving two or more separate and distinct business entities or names wherein separate sets of accounting records, bank accounts, and the following means of computation of total license tax:like are maintained.

A flat rate charge for each individual business as required in Section 5.12.010 but in determining the total average number of employees, the total employees for all businesses shall be combined. (Ord. 923 § 3.13, 1977)
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5.08.140. Concessions.

Every person who operates any business, whether upon a cost, rental or commission basis as a concession or upon rented floor space in or upon the premises of any person licensed under any provision of this title, shall be required to pay the license tax and obtain a separate and independent license pursuant to the appropriate provisions of this title, and shall be subject to all the provisions of this title.
(Ord. 923 § 3.14, 1977)

§ 5.08.150. Duplicate licenses.

Duplicate licenses may be issued by the tax collector to replace any license previously issued, which has been lost or destroyed, upon the licensee filing an affidavit attesting to such fact, and at the time of filing such affidavit, paying to the tax collector a fee of two dollars. (Ord. 923 § 3.15, 1977)

§ 5.08.160. Licenses not transferable.

A. A. Licenses issued pursuant to this title are not transferable or assignable by the licensee to any other person , nor shall any. In the event of a sale, transfer, or change of ownership of a business, the new owner must apply for and obtain a new business license. Tax payments made under this title are non -transferable and non-assignable. No tax paid by any person underpursuant to the provisions of this title shall be credited, applied, or transferred, in whole or in part to the payment, toward any tax obligation, whether current or prospective, of any tax due or to become due from any other person or business entity.

B. When a licensee transfersB. A business license issued under the provisions of this title shall not be valid for any location other than the principal place of business specified in the license. Upon relocation of its principal place of business to a new location, the licensee shall immediately notify the tax collector, on a form provided by the tax collector of the new locationTax Collector and submit an application for a new business license. (Ord. 923 § 3.16, 1977; Ord. 1634, Amended, 02/11/2000)

§ 5.08.170. 160 Exhibiting licenses.

Every person having a license under the provisions of this title for engaging in business at a fixed place of business shall keep such license posted for exhibition while in force in some conspicuous place in his place of business. Every person having such a license and not having a fixed place of business shall carry such license with himthem at all times while carrying on the business for which the same was granted. Every person having a license shall produce and exhibit the same whenever requested to do so by any police officer or any person authorized to issue or inspect licenses or collect license taxes.
(Ord. 923 § 3.17, 1977)

§ 5.08.180. 170 Vehicle identification stickers.

Any licensee who uses vehicles in the conduct of his business shall be required to prominently display within such vehicle a sticker, device, sign or license facsimile which has printed thereon the words: "“Vacaville, California"” or any abbreviation thereof, together with the current term of the license, and shall be in such form and color and contain such other information as the tax collector determines.
(Ord. 923 § 3.18, 1977)
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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 a nnum, 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.

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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.

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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 l icense 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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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. 040 Charitable 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. 050 Charitable 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. 060 Nonprofit 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:

A. A. Any religious, fraternal, student cooperative, educational, military, state, county or

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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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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. 070 Receipts 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. 080 Teachers.

The provisions of this title shall not require the payment of license tax for the teaching of musical, artistic or educationa l 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. 090 Employees.

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.

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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§ 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, except spirituous, 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)

§ 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. 130 Exclusions.

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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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 of the 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)

§ 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. (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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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. 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 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 Item 9.b
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assessment of the amount of tax owed by a person under this title:

1. If the person has not filed any statement or return required under the provisions 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 for the purpose of receiving 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 9.b
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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)

§ 5.20.150. 090 Criminal 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 Item 9.b
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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)
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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.

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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 9.b
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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.

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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 co- mingledcomingled 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 expenses shall 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 9.b
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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)
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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)
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Vacaville Municipal Code
Chapter 5.24 BINGO

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The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through

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City of Vacaville, CA
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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.

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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;
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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.

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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,

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.

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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 u sed 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 9.b
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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 sha ll 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.

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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.

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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)
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Chapter 5.26

BINGO SUPPLIERS

§ 5.26.010. Definitions.

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)
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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:

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 9.b
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§ 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.

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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 5.2 6.120 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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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 cit y 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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(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 chapte r.

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.
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§ 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 left- hand 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 t o 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 pros pective 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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City of Vacaville, CA
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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 twenty - five 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.

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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 thirty- first. (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)

§ 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:

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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)
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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)
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Vacaville Municipal Code

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Chapter 5.04

PURPOSE AND DEFINITIONS

5.04.010 Purpose.

This title is enacted solely to raise revenue for municipal purposes and is not intended for purposes of regulation.

5.04.020 Definitions generally.

5.04.030 Average number of employees.

A. “Average number of employees” means the average number of employees employed in the city in the applicant’s business during the one year immediately preceding the commencement of the year for which the license is being issued, and shall be determined as follows:

1. By ascertaining the number of employees as defined in this section, employed within the city, earning wages during pay periods nearest the fifteenth day of each month as reported to the Employment Development Department on forms which are used for reporting payments due under the California Unemployment Insurance Code, for each month of the previous calendar year, adding the same and dividing by twelve. If the employer has been in business less than one year, the employer may use the estimated number of employees who will be employed during the remainder of the fiscal year; or

2. At the option of the licensee, the average number of persons employed daily in the applicant’s business for one year for the purpose of fixing the license tax due under this title shall be determined by ascertaining the total number of hours of service performed by all employees in the city during the previous year and dividing the total number of hours of service thus obtained by the number of hours of service constituting a year’s work of one full-time employee according to the custom or laws governing such employment. On the basis of no other information, a year’s work shall be computed on a thirty-five hour week.

B. In computing the average number of persons employed, fractions of numbers after the first employee shall be rounded down to the nearest whole number prior to applying the license tax.

5.04.040 Business.
“Business” means professions, trades, and occupations and all and every kind of calling carried on for profit or livelihood.

5.04.050 City.
“City” means the city of Vacaville.

5.04.060 Employee.
“Employee” means each and every natural person engaged in the operation or conduct of any business, whether as owner, member of the owner’s family, partner, associate, agent, manager or solicitor, and each and every other natural person employed or working in such business within the city, whether on a permanent, seasonal, temporary, probationary, full- time, or part-time basis, regardless of basis of compensation, and any and all other persons employed or working in such business, including but not limited to students and apprentices working in connection with instruction in any business, for which service the owner, operator, or management receives compensation or a thing of value.

5.04.070 Engaged in business.
“Engaged in business” means the conducting, operating, managing or carrying on of a business, whether done as owner, or by means of an officer, agent, manager, employee, servant or otherwise.

5.04.080 Fixed place of business.
“Fixed place of business” means the premises occupied in the city for the particular purpose of conducting a business thereat and regularly kept open for that purpose with a competent person in attendance for the purpose of attending to said business.

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5.04.090 Gross receipts.
“Gross receipts” means the total amount of the sales price of all sales and the total amount charged or received for the performance of any act, service, or employment, for whatever nature it may be, for which a charge is made or credit allowed. Included in gross receipts shall be all receipts, cash, credits and property of any kind or nature and any amount for which credit is allowed by the seller to the purchaser without any deduction therefrom on account of the cost of the property sold, the cost of the materials used, labor or service cost, interest paid or payable or losses or other expenses whatever. Excluded from gross receipts shall be cash discounts allowed and taken on sales, value of property accepted as part of the purchase price and which property will later be sold, any tax which is measured by the sales price or the gross receipts from the sale or which is a stated sum per unit of such property sold, included in or added to the purchase price and collected from the consumer or purchaser, and such part of the sales price of property returned by the purchaser upon rescission of the contract of sale as is refunded either in cash or by credit.

5.04.100 License.
“License” or “business license” means the business tax receipt issued by the city to the business upon payment of a tax prescribed by this title, evidencing payment of such tax.

5.04.110 Licensee.
“Licensee” means any person who holds a valid current license issued to such person under this title.

5.04.120 North American Industry Classification System (NAICS). “North American Industry Classification System” or “NAICS” means the latest edition of the North American Industry Classification System produced by the Office of Management and Budget’s Economic Classification Policy Committee of the U.S. Department of Commerce, as may be amended from time to time.

5.04.130 Person.
“Person” means any domestic or foreign corporation, firm, association, syndicate, joint stock company, partnership of any kind, joint venture, club, Massachusetts business or common law trust, society or individual.

5.04.140 Shall and may.
“Shall” is mandatory, “may” is permissive.

5.04.150 Tax collector.
“Tax collector” means the City Manager or his or her authorized designee.

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The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through July 23, 2024.

Chapter 5.08

GENERAL LICENSING

5.08.010 License and tax payment required.

A. There are imposed upon all persons engaged in business in the city license taxes in the amounts prescribed in this title.

B. It is unlawful for any person, either for themselves or for any other person, to conduct in the city any business taxed under this article without a current and valid business license from the city and without paying the business license tax, if any, required by this article. Even if a business does not owe business license tax, it must obtain a valid business license.

C. The carrying on of any business without first having obtained a license under this title, or without complying with any and all provisions of this title, shall be unlawful.

E. A violation of subsections A, B, C, or D will be addressed under the enforcement provisions of Chapter 5.20 of this title, and the financial penalties set forth in section 5.08.100 shall apply.

5.08.020 Unlawful business not authorized.

5.08.030 Application – Required.

A. Every person subject to the licensing requirements of this title shall submit an application for issuance or renewal of a business license to the City Tax Collector.

B. The application shall be made in writing, on a form prescribed by the Tax Collector, and shall be executed under penalty of perjury.

C. The application shall include all information required by the Tax Collector and any additional information reasonably necessary to determine the amount of license tax due.

E. If the Tax Collector fails to act on a properly completed application within thirty (30) calendar days of the date it is stamped as received, the application shall be deemed approved and the applicant shall be entitled to conduct the business described in the application. A deemed-approved license remains subject to all enforcement provisions of Chapter 5.20, and any subsequent determination that the applicant is not in compliance shall be grounds for revocation under the procedures set forth therein. For purposes of this subsection, an application shall be considered properly completed if the Tax Collector has not issued a written notice of deficiency within ten (10) calendar days of receipt.

5.08.040 Application – Confidential
A. It is unlawful for the Collector or any person having an administrative duty under the provisions of this chapter to make known in any manner whatever the business affairs, operations, or information obtained by an investigation of records and equipment of any person visited or examined in the discharge of official duty, or the amount or source Item 9.b
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The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through July 23, 2024. of income, profits, losses, expenditures, or any particular thereof, set forth in any statement or application, or to permit any statement or application, or copy of either, or any book containing any abstract or particulars thereof to be seen or examined by any person; provided, that nothing in this section shall be construed to prevent:

5. The disclosure of the names and business addresses of persons to whom licenses have been issued, and the general type or nature of their business;

7. The disclosure of general statistics regarding taxes collected or business done in the City.

5.08.050 Term.

No license shall be issued under this title for a term in excess of one year. All annual licenses shall expire on April 30th of each year.

5.08.060 Proration for new business.

Business licenses and business license taxes for new businesses commencing after the first day of May will be prorated on a monthly basis for the balance of the annual license period.

5.08.070 Payment.

All license taxes imposed under this title 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.

5.08.080 When payable.

A. All license taxes imposed under this title shall be paid in advance, except where otherwise specifically provided, and shall be due and payable at the following times:

1. Annually, before the first day of May;

2. 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 title, 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.

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5.08.090 Delinquency dates.

5.08.100 Delinquency penalty.

Any business that operates without a business license tax receipt or fails to pay any business license taxes required to be paid by this title within the time required shall pay a penalty of fifty percent of the amount of the tax due. This initial penalty shall apply on the first calendar day the tax becomes delinquent. Thereafter, the business shall incur an additional ten percent (10%) of the tax for each subsequent month of continued delinquency. However, total penalties shall not exceed one hundred percent (100%) of the tax due for the applicable period.

5.08.110 Refunds.

A. No refunds will be made on any amount paid as a license tax except in the case of error on the part of the city in the determination of the amount of the license tax or in the event of double payment for a license.

B. Refunds may be made by the Tax Collector, pursuant to the provisions of subsection A of this section; provided that, (1) a written claim for the refund, made upon a form provided therefor by the Tax Collector, stating under penalty of perjury the specific grounds upon which the claim for refund is founded, is filed with the Tax Collector within one year of the date the city received the payment of which refund is sought; and (2) the Tax Collector is satisfied, on the basis of written business records and other records submitted by the claimant, that the claimant is entitled to the refund under the provisions of subsection A of this section; provided, however, that the Tax Collector shall have the right to examine and audit all the books and business records of the claimant in order to determine the eligibility of the claimant to the refund claimed by them; and provided further, that no claim for refund shall be allowed if the claimant thereafter refuses to allow such examination of his books and business records after request by said Tax Collector to do so.

C. Any decision of the Tax Collector made under this section shall be final unless the same is appealed to the City Manager within ten days after notice thereof given in the same manner as provided for giving of notice of assessment under Section 5.20.060. The procedure for appeal set forth in Section 5.20.070 shall apply insofar as such procedure is not inconsistent with the provisions of this section. The decision of the city council shall be final and conclusive on any matter appealed to it under this section.

5.08.120 Branch establishments.

Separate licenses must be obtained for each branch establishment or location of the business engaged in, as if each such branch establishment or location were a separate business, and each license shall be for the business licensed thereby at the location or in the manner designated in such license; provided, that warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this title shall not be deemed to be separate places of business or branch establishments.

5.08.130 Carrying on two or more businesses at one location.

If a person engages in two or more separate businesses at the same establishment or location, there shall be a separate business tax license issued for each business. Separate business operations are further defined as involving two or more separate and distinct business entities or names wherein separate sets of accounting records, bank accounts, and the like are maintained.

5.08.140 Concessions.

5.08.150 Licenses not transferable.

A. Licenses issued pursuant to this title are not transferable or assignable by the licensee to any other person. In the event of a sale, transfer, or change of ownership of a business, the new owner must apply for and obtain a new Item 9.b
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The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through July 23, 2024. business license. Tax payments made under this title are non-transferable and non-assignable. No tax paid by any person pursuant to the provisions of this title shall be credited, applied, or transferred, in whole or in part, toward any tax obligation, whether current or prospective, of any other person or business entity.

B. A business license issued under the provisions of this title shall not be valid for any location other than the principal place of business specified in the license. Upon relocation of its principal place of business, the licensee shall immediately notify the Tax Collector and submit an application for a new business license.

5.08.160 Exhibiting licenses.

Every person having such a license and not having a fixed place of business shall carry such license with them at all times while carrying on the business for which the same was granted. Every person having a license shall produce and exhibit the same whenever requested to do so by any police officer or any person authorized to issue or inspect licenses or collect license taxes.

5.08.170 Vehicle identification stickers.

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The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through Chapter 5.12

LICENSE TAXES

5.12.010 Based on number of employees.

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, 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 one hundred twenty-five dollars per annum is charged.

4. If the average number of employees is from twenty-six to fifty, an additional one hundred fifty dollars per annum is charged.

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.

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. 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 one hundred dollars per annum is charged.

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. 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 additional charge of twenty-five dollars shall be made.

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 above. If the average number of employees is from two to five, an additional fifteen dollars per annum is charged.

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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.

5.12.030 Hotels, motels.

Hotels and motels shall be licensed at the rate of three dollars for each dwelling unit per annum.

5.12.040 Trailer parks.

Trailer parks shall be licensed at the rate of two dollars for each trailer space per annum.

5.12.050 Home occupations.

Commencing, transacting or carrying on any business in the home in a residential zone where 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.

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.

5.12.070 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 the Consumer Price Index (CPI) for All Urban Consumers, as published by the U.S. Bureau of Labor Statistics. The adjusted flat rates will be effective at the beginning of each fiscal year and will be communicated to all affected businesses by the Tax Collector.

Item 9.b
Vacaville Municipal Code
Chapter 5.16 EXEMPTIONS AND EXCLUSIONS

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The Vacaville Municipal Code is current through Ordinance 1996, and legislation passed through Chapter 5.16

EXEMPTIONS AND EXCLUSIONS
The following are exempted from the payment of a license tax under this chapter:

5.16.010 Minimum gross receipts. Any person transacting business within the city and having a fixed place of business in the city or operating out of their 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.

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, eighteen years and younger.

Every natural person of the age of eighteen 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.

5.16.040 Charitable 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.

5.16.050 Charitable entertainments.

5.16.060 Nonprofit organizations.

A. Any religious, fraternal, student cooperative, educational, military, state, county or 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. 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. 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. 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 Item 9.b
Vacaville Municipal Code
Chapter 5.16 EXEMPTIONS AND EXCLUSIONS

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Vacaville City CouncilAugust 25, 2026

Vacaville City Council
August 25, 2026