CITY COUNCIL MEETING
CEMETERY DISTRICT BOARD
AGENDA
TUESDAY, FEBRUARY 10, 2026
Closed Session: 5:30 PM | Regular Session 6:00 PM
COUNCIL CHAMBERS 23873 CLINTON KEITH ROAD SUITE 106
WILDOMAR, CA 92595
Carlos Marquez - Mayor | District 1
Dustin Nigg - Mayor Pro Tem | District 2
Ashlee DePhillippo - Council Member| District 5
Bridgette Moore - Council Member | District 4
Joseph Morabito - Council Member | District 3
Chris Mann, City Manager
Thomas D. Jex, City Attorney
The City of Wildomar will be a Safe and Active Community with Responsible Growth and Quality Infrastructure while keeping a Hometown Feel
CITY COUNCIL MEETING
1 CALL TO ORDER – CLOSED SESSION - 5:30 P.M.
ROLL CALL
PUBLIC COMMENTS
CLOSED SESSION
CLOSED SESSION
Presented By: Thomas D Jex, City Attorney
RECOMMENDATION:
City Council will meet in closed session pursuant to the provisions of Government Code Section 54956.9(d)(4) to confer with legal counsel with regard to one matter of potential initiation of litigation.
CALL TO ORDER – OPEN SESSION - 6:00 P.M.
The City Council serves as the Board of the Wildomar Cemetery District. This meeting is convened as a meeting of both bodies.
ROLL CALL
Council discussion and determination on whether an absence is excused.
FLAG SALUTE
CLOSED SESSION REPORT
PRESENTATIONS
1. Introduction - CR&R City Representative
DEPARTMENT REPORTS
Police Department Quarterly Update - October - December, 2025.
Presented By: Lt. Jeff Reese, Police Department
RECOMMENDATION:
Receive the presentation.
Fire Department Quarterly Update - October - December, 2025
Presented By: Chief Dustin Reed, Fire Department
RECOMMENDATION:
Receive the quarterly update.
CITY COUNCIL MEETING
2 1.
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered routine and will be enacted by one roll call vote. There will be no separate discussion of these items unless members of the City Council, the Public, or Staff request to have specific items removed from the Consent Calendar for separate discussion and/or action.
1.1 City Council/ Cemetery District Board Minutes - January 14, 2026 - Regular Meeting
Presented By: Janet Morales Garcia
, City Clerk's Office
RECOMMENDATION:
Approve the minutes as presented.
Wildomar Library Quarterly Update - October - December, 2025.
Presented By: Sandra Brautigam, Wildomar Library
RECOMMENDATION:
Receive the presentation.
Community Development Department & Development Activity Update
Presented By: Robert Flores, Community Development Department RECOMMENDATION:
That the City Council take the following action: Receive and file the update.
PUBLIC COMMENTS
This is the time when the City Council receives general public comments regarding any items or matters within the jurisdiction that
do not
appear on the agenda. Per the Brown Act, City Council members are not allowed to respond to public comments not on the agenda. If you would like to be contacted, please leave your email or contact number on the public comment card. Public Comments are limited to 3 minutes or such other time as the Council may provide.
APPROVAL OF THE AGENDA AS PRESENTED
The City Council to approve the agenda as it is herein presented, or, if it is the desire of the City Council, the agenda can be reordered, added to, or have items tabled at this time
CITY COUNCIL MEETING
3 1.2
January 2026 City Warrant Register
Presented By: Adam Jantz
, Administrative Services Department
RECOMMENDATION:
Approve the following:
For Fiscal Year 2025/2026:
1. Warrant Register dated 1-8-2026 in the amount of $711,442.24.
2. Warrant Register dated 1-15-2026 in the amount of $226,289.58.
3. Warrant Register dated 1-21-2026 in the amount of $515.00.
4. Warrant Register dated 1-22-2026 in the amount of $74,802.07.
5. Warrant Register dated 1-26-2026 in the amount of $4,471.25.
6. Warrant Register dated 1-29-2026 in the amount of $2,711,867.44.
7. Wire Transfer Register dated 1-31-2026 in the amount of $18,602.79.
8. Payroll Register dated 1-31-2026 in the amount of $533,594.54.
1.3 January 2026 Cemetery Warrant Register
Presented By: Adam Jantz
, Administrative Services Department
RECOMMENDATION:
Approve the following:
For Fiscal Year 2025/2026
1. Warrant Register dated 1-8-2026 in the amount of $3,850.63.
2. Warrant Register dated 1-15-2026 in the amount of $109.55.
3. Warrant Register dated 1-29-2026 in the amount of $172,452.49.
1.4 December 2025 City Treasury Report
Presented By: Adam Jantz
, Administrative Services Department
RECOMMENDATION:
Approve the City Treasury Report for December 2025.
1.5 December 2025 Cemetery Treasury Report
Presented By: Adam Jantz
, Administrative Services Department
RECOMMENDATION:
Approve the Treasury Report for December 2025.
CITY COUNCIL MEETING
4 1.6
Second Reading and Adoption of Ordinance No. 259, revising Title 5 of the Wildomar Municipal Code
Presented By: Robert Flores
, Community Development Department
RECOMMENDATION:
1. Determine that Ordinance No. 259, is exempt under the California Environmental Quality Act (CEQA) and CEQA Guidelines, pursuant to the common-sense exemption, Section 15061(b)(3) of the CEQA Guidelines, under the general rule-making provision; and
2. Conduct a second reading by title only and adopt Ordinance No. 259 amending Title 5 (Business Licenses and Regulations) of the Wildomar Municipal Code, as entitled:
ORDINANCE NO. 259
AN ORDINANCE OF THE WILDOMAR CITY COUNCIL AMENDING SECTION
1.04.120, VARIOUS PROVISIONS OF TITLE 5 (BUSINESS LICENSES AND
REGULATIONS), AND OTHER TITLES OF THE WILDOMAR MUNICIPAL CODE TO UPDATE THE CITY’S BUSINESS REGISTRATION AND REGULATORY
FRAMEWORK AND CONFORM ASSOCIATED REFERENCES
1.7 Second Reading of Ordinance No. 260 For Formation of Community Facilities District 2025-1
Presented By: Adam Jantz
, Administrative Services Department
RECOMMENDATION:
Adopt an Ordinance entitled:
ORDINANCE NO. 260
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR,
CALIFORNIA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2025-1 (CAMELIA) OF THE CITY OF
WILDOMAR AUTHORIZING THE LEVY OF SPECIAL TAXES
1.8 Second Reading of Ordinance No. 261 For Formation of Community Facilities District 2025-S
Presented By: Adam Jantz
, Administrative Services Department
RECOMMENDATION:
Adopt an Ordinance entitled:
ORDINANCE NO. 261
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR,
CALIFORNIA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2025-S (SERVICES) OF THE CITY OF
WILDOMAR AUTHORIZING THE LEVY OF SPECIAL TAXES
CITY COUNCIL MEETING
5 1.9
Fifth Amendment to Professional Services Agreement with Interwest Consulting Group, Inc. for On-Call/Staff Augmentation Services - Public Works/Engineering
Presented By: Jason Farag
, Public Works/ Engineering Department
RECOMMENDATION:
Authorize the City Manager to execute the Fifth Amendment to the Professional Services Agreement with Interwest Consulting Group, Inc. for On-Call/Staff Augmentation Services – Public Works and Engineering
1.10 Software Licensing and Services for a New Online Development Case Processing and Tracking System
Presented By: Robert Flores
, Community Development Department
RECOMMENDATION:
1. Review the attached draft Request for Proposal (RFP) for Software Licensing and Services for a New Online Development Case Processing and Tracking System and provide any comments to staff; and
2. Authorize staff to post the RFP on PlanetBids after making any requested amendments, for response by, and evaluation of, qualified companies.
1.11 Second Task Order Amendment with Placeworks Inc. for Environmental and Regulatory Permit Processing Services for the Clinton Keith Road Widening Project (CIP 025-1)
Location: Clinton Keith Road Widening Project (I-15 to Copper Craft Dr.) Presented By: Jason Farag
, Public Works/ Engineering Department
RECOMMENDATION:
Approve and authorize the City Manager to execute a Task Order Amendment in the amount of $28,582 for required additional environmental support for the Clinton Keith Road Widening Project (CIP 025-1).
1.12 Sole Source Agreement for Professional Services with Lee and Associates for the Wildomar Cemetery Master Plan Update
Presented By: Jason Farag
, Community Services Department
RECOMMENDATION:
Authorize the City Manager to execute a sole source agreement for professional services with Lee and Associates.
CITY COUNCIL MEETING
6 1.13
Professional Services Agreement with Mark Thomas & Company, Inc. for Engineering and Design Services for Bundy Canyon Road (West) Widening and Active Transportation Plan Improvements Project (Mission Trail to Canyon Ranch Road) (CIP 090 and CIP 092)
Location: Bundy Canyon Road from Mission Trail to Canyon Ranch Road Presented By: Jason Farag
, Public Works/ Engineering Department
RECOMMENDATION:
1. Authorize the City Manager to execute a Professional Services Agreement between the City of Wildomar and Mark Thomas.
2. Authorize the Public Works Director/City Engineer to approve change orders up to 10% of the contract amount for required additional services.
3. Authorize the Public Works Director/City Engineer to approve budgeted optional tasks, with Mark Thomas to proceed only upon receiving written authorization.
4. Approve a deappropriation of Fund 503 (TUMF) to decrease $360,870 from CIP 090 and approve a supplemental appropriation for Fund 503 (TUMF) to increase $360,870 in expenditures for CIP 092.
2. PUBLIC HEARINGS
2.1 Community Development Block Grant (CDBG) - Allocation of Funds for Fiscal Year 26/27 and Extension of Time Request for Fiscal Year 24/25 Funds
Presented By: Cameron Luna
, Public Works/ Engineering Department
RECOMMENDATION:
1. Adopt a Resolution entitled:
RESOLUTION NO. 2026 - _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR,
CALIFORNIA, AUTHORIZING THE ALLOCATION OF COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR FISCAL YEAR
2026/2027
2. Authorize the City Manager to submit a Supplemental Agreement Extension Request for the City's FY 24/25 allocation to the Riverside County Department of Housing and Workforce Solutions (HWS) for the Sedco Sidewalk Project - Phase III
3. GENERAL BUSINESS
CITY COUNCIL MEETING
7 3.1
FY2025-26 Mid-Year Budget Report
Presented By: Adam Jantz
, Administrative Services Department
RECOMMENDATION:
1. Review and approve the classification descriptions, pay plan, and classification schedule, and adopt a Resolution entitled:
RESOLUTION NO. 2026 - _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, APPROVING THREE NEW CLASSIFICATION DESCRIPTIONS; APPROVING THE UPDATED POSITION CLASSIFICATION SCHEDULE; AND
AMENDING THE EXISTING PAY PLAN TO INCLUDE THESE POSITIONS
2. Review and approve the Fiscal Year 2025-26 2nd Quarter Budget Report, and adopt a Resolution entitled:
RESOLUTION NO. 2026 - _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, AUTHORIZING ADJUSTMENTS TO THE FY2025-26 BUDGETED
REVENUES AND EXPENSES AND ADOPTING A REVISED SCHEDULE OF
AUTHORIZED POSITIONS
3.2 Pavement Management Program (PMP) Report (CIP 050-1) and Dirt Road Memorandum
Location: Citywide
Presented By: Cameron Luna
, Public Works/ Engineering Department
RECOMMENDATION:
1. Adopt a Resolution entitled:
RESOLUTION NO. 2026 - _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR,
CALIFORNIA, ADOPTING A STATUTORY CEQA EXEMPTION PER SECTION 15262 (FEASIBILITY AND PLANNING STUDIES) OF CEQA AND ADOPTING
THE WILDOMAR PAVEMENT MANAGEMENT PROGRAM REPORT
2. Receive and file the Dirt Road Inventory and Condition Assessment Memorandum
3.3 Contract Award - Bundy Canyon Road Rehab Project and Slurry Seal Project (CIP 057-3, 058-3)
Location: Public Streets Citywide
Presented By: Cameron Luna
, Public Works/ Engineering Department
RECOMMENDATION:
1. Adopt a Categorical Exemption pursuant to Section 15301(c) of the CEQA Guidelines.
2.Make a finding that the Projects, CIP 057-3 and CIP 058-3, are exempt from the
CITY COUNCIL MEETING
8 Multiple Species Habitat Conservation Plan (MSHCP) fees.
3. Approve the plans and designs for all of the planned roadway improvements included within CIP 057-3 and 058-3, including but not limited to Bundy Canyon Road and the multiple roadways proximate to Clinton Keith Road, Palomar Street, and Wildomar Trail that are more particularly described in Appendix A and CIP 058-3 Exhibits included in the bid documents for purposes of obtaining design immunity pursuant to Government Code Section 830.6.
4. Authorize the City Manager to execute a construction contract with All American Asphalt in the amount of $2,567,666.02 for the Road Maintenance and Rehabilitation Project (CIP 057-3) and Slurry Seal Project (CIP 058-3) and waive any informality or irregularity in the Bid.
5. Authorize the Public Works Director to approve change orders not to exceed 25% of the construction contract amount (contingency).
6. Authorize the City Manager to execute a work order with Geocon West, Inc. under their existing on-call agreement in the amount of $57,975 for material testing for the Bundy Canyon Road Rehab Project (CIP 057-3), including Extra Work
Authorizations not to exceed $7,024, for a total not to exceed $64,999 .
7. Authorize the City Manager to execute a Professional Services Agreement with Labelle-Marvin, Inc. in the amount of $66,767 for material testing for the Slurry Seal Project (CIP 058-3), including
Extra Work Authorizations not to exceed
$8,232, for a total not to exceed $74,999
.
8. Authorize the City Manager to execute a work order with Interwest Consulting Group under their existing on-call agreement in the amount of $97,630 for Construction Management services for the Projects, including Extra Work
Authorizations not to exceed $12,369
, for a total not to exceed $109,999.
9. Approve a deappropriation of Fund 120 (Measure AA) to decrease $250,000 from CIP 103 and approve a supplemental appropriation for Fund 120 (Measure AA) to increase $250,000.00 in expenditures for CIP 057-3.
10. Approve a deappropriation of Fund 201 (Measure A) to decrease $57,600 from CIP 103 and approve a supplemental appropriation for Fund 201 (Measure A) to increase $57,600.00 in expenditures for CIP 057-3.
11. Approve a deappropriation of Fund 201 (Measure A) to decrease $378,000 from CIP 063 and approve a supplemental appropriation for Fund 201 (Measure A) to increase $378,000 in expenditures for CIP 058-3.
12. Approve a supplemental appropriation for Fund 100 (General Fund - Facilities) to increase $15,000.00 in expenditures for CIP 058-3.
13. Approve a supplemental appropriation for Fund 690 (Measure Z) to increase $20,000.00 in expenditures for CIP 058-3.
CITY COUNCIL MEETING
9 14. Approve a supplemental appropriation for Fund 606 (CFD) to increase $24,400.00 in expenditures for CIP 057-3.
15. Approve a supplemental appropriation for Fund 606 (CFD) to increase $150,000.00 in expenditures for CIP 058-3.
16. Adopt a Resolution entitled:
RESOLUTION NO. 2026 - _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR,
CALIFORNIA APPROVING PROJECT PLANS, DESIGN, SPECIFICATIONS,
CONTRACT DOCUMENTS, AND AWARDING A CONSTRUCTION CONTRACT FOR THE BUNDY CANYON ROAD REHAB PROJECT (CIP 057-3) AND SLURRY SEAL PROJECT (CIP 058-3) (“PROJECTS”) AND AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONSTRUCTION CONTRACT WITH ALL AMERICAN ASPHALT, INC.
COUNCIL COMMUNICATIONS
This is the opportunity for the City Council to report on city and regional committees and community events.
CITY MANAGER REPORT
FUTURE AGENDA ITEMS
ADJOURN THE MEETING
CITY COUNCIL MEETING
10 PARTICIPATION
NOTICE
Meetings may be live-streamed, photographed and/or videotaped. Participation at the meeting constitutes consent by members of the public to the City’s and any third party’s use in any media, without compensation or further notice, of audio, video, and/or pictures of meeting attendees.
MEETINGS
Regular City Council/Cemetery District Board Meetings are generally held on the 2nd Wednesday of every month at 6:00 P.M. The City Council adopts the meeting schedule annually.
Meeting Schedule for 2026
January 14th | February 10th | March 11th | April 8th | May 13th | June 10th | July 8th | August 12th | September 9th | October 14th | November 18th | December 9th
LOCATION
City Council Chambers, 23873 Clinton Keith Road, Ste. 106, Wildomar, CA 92595.
VIEW THE MEETING
1. In Person
| City Council Chambers 23873 Clinton Keith Road Ste. 106 Wildomar, CA 92595
2. Watch Live
wildomar.gov/129/Agendas-Videos-Watch-Live
or stream on
YouTube.com/@CityofWildomar
3. Cable TV
| Frontier Channel 36 or AT&T Channel 99
PARTICIPATE IN THE MEETING
1. Fill out the speaker card located on the table near the entrance of the chambers.
2. Submit the speaker card to the City Clerk in the basket located at the front of the chambers.
3. When the City Clerk calls your name, please come up to the front podium.
During Public Comment not on the agenda and after each Agenda Item, the Mayor will announce Public Comment. Public Comments are limited to (3) minutes or such other time as the City Council may provide. Per the Brown Act, City Council are not allowed to respond to public comments not on the agenda. If you would like to be contacted, please leave your email or contact number on the public comment card.
ACCOMMODATIONS
In compliance with the Americans with Disabilities Act, if requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans With Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person that requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting, may request such modification, accommodation, aid or service by contacting the City Clerk either in person or by phone at 951-677-7751 x210, no later than 10:00 a.m. on the day preceding the scheduled meeting.
REPORTS
All agenda items and reports are available for review at City Hall, 23873 Clinton Keith Road and on the City’s website at the following address: Wildomar.gov. Any writings or documents provided to a majority of the City Council/ Cemetery District Board regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available by appointment for public inspection at City Hall during regular business hours.
CITY COUNCIL MEETING
11 AFFIDAVIT OF POSTING
I, Janet Morales Garcia, Wildomar City Clerk, do certify that at least 72 hours prior to the meeting, a true and correct copy of this agenda was posted at Wildomar City Hall, 23873 Clinton Keith Road; U.S. Post Office, 21392 Palomar Street; Wildomar Library, 34303 Mission Trail Blvd; and on the City’s website at Wildomar.gov.
Janet Morales Garcia, CMC
City Clerk
Dated: February 5, 2026.
CITY COUNCIL MEETING
12 CITY OF WILDOMAR
CITY COUNCIL REGULAR MEETING
DEPARTMENT REPORT
Meeting Date: February 10, 2026
SUBJECT:
Police Department Quarterly Update - October - December, 2025.
SUBMITTED BY:
Lt. Jeff Reese
ACTION:
Receive the presentation.
FISCAL IMPACT:
As this is only an update on activities, there is no fiscal impact.
ATTACHMENTS:
1. Presentation
13 City of Wildomar
Stats
October to December 2025
Stats
14 Calls for Service
Dec – 1,516Oct – 1,402 Nov – 1,198
122
359
403
314
0 50
100
150
200
250
300
350
400
450
00:00 to
06:00
06:00 to
12:00
12:00 to
18:00
18:00 to
24:00
145
502
406
349
0 100
200
300
400
500
600
00:00 to
06:00
06:00 to
12:00
12:00 to
18:00
18:00 to
24:00
128
415
554
419
0 100
200
300
400
500
600
00:00 to
06:00
06:00 to
12:00
12:00 to
18:00
18:00 to
24:00
Dec 2024 – 1,365Nov 2024– 1,341Oct 2024– 1,540
15 26 26
40 26
22 21
0 5
10 15
20 25
30 35
40 45
Oct Nov Dec
Misdemeanor
2024 2025
Arrests
9 6
11 14
11 14
0 2
4 6
8 10
12 14
16 Oct Nov Dec
Felony
2024 2025 16
Part 1 - Property & Violent Crimes
Jul Aug Sep Oct Nov Dec
6-Month
2025
6-Month
2024
Aggravated Assault 1 8 7 3 4 2 25 27
Robbery 2 0 0 0 0 0 2 4
Rape 1 1 1 0 0 0 3 7
Homicide 0 0 1 0 1 0 2 0
Burglary 3 9 3 4 7 6 32 29
Larceny 22 22 21 31 23 12 131 140
Vehicle Theft 4 7 4 3 3 3 24 22
17 Aggravated Assault
Robbery
Rape
Homicide
2 3
1 0
2 0
0 0
Oct
2024 2025
5 4
0 0
0 0
0 1
Nov
2024 2025
5 2
0 0
0 0
0 0
Dec
2024 2025
Part 1 - Violent Crimes
18 Burglary
Larceny
Vehicle Theft
2 4
29 31
1 3
Oct
2024 2025
1 7
27 23
1 3
Nov
2024 2025
4 6
10 12
5 3
Dec
2024 2025
Part 1 - Property Crimes
19 Average Response Time
Priority 1 Priority 2 Priority 3 Priority 4
Oct
Nov
Dec
Priority 1 calls: Threat to human life or property, which involve a high level of violence or serous injury.
Priority 2 calls: Pose or did pose immediate threat to human life or property.
Priority 3 calls: Circumstances which are neither urgent nor life threatening.
Priority 4 calls: Most past calls are considered a priority 4. (Fraud, Burglary, and Theft not in progress)
8.03 7.61
6.89 20.70
21.60 18.09
38.53 38.62
42.50 50.10
60.31 51.26
19 21
23 339
273
263
287
268
287
170
155
156
CFS CFS CFS CFSART ART ART ART
20 Traffic Collisions
Total Collisions
Fatal Collisions
Total Citations
28 26 30
1 1 1
177 123 228
Oct Nov Dec
21 PRIMARY COLLISION FACTORS
15 8
5 0
2 4
6 8
10 12
14 16
18 Unsafe Speed Unsafe Turn Sign Violation
OCTOBER 2025
12 10
4 0
2 4
6 8
10 12
14 16
18 Unsafe Speed Unsafe Turn Sign Violation
NOVEMBER 2025
17 9
4 0
2 4
6 8
10 12
14 16
18 Unsafe Speed Unsafe Turn Sign Violation
DECEMBER 2025
22 Thank You
23 CITY OF WILDOMAR
CITY COUNCIL REGULAR MEETING
DEPARTMENT REPORT
Meeting Date: February 10, 2026
SUBJECT:
Fire Department Quarterly Update - October - December, 2025
ACTION:
Receive the quarterly update.
FISCAL IMPACT:
As this is only an update on activities, there is no fiscal impact.
24 CITY OF WILDOMAR
CITY COUNCIL REGULAR MEETING
DEPARTMENT REPORT
Meeting Date: February 10, 2026
SUBJECT:
Wildomar Library Quarterly Update - October - December, 2025.
SUBMITTED BY:
Sandra Brautigam, Branch Manager, Wildomar Library
ACTION:
Receive the presentation.
FISCAL IMPACT:
As this is merely a report on activities, it does not have any fiscal impact.
ATTACHMENTS:
1. Presentation
25 Wildomar Library
Report
Fourth Quarter:
October, November, December 2025
26 Community
Services
Computer Sessions
478/402/495= 1,375
WiFi Sessions
2201/1365/1535=5,101
Reference Questions
1213/901/954=3,068
Program Attendance
554/467/394=1,415 0
500
1000
1500
2000
2500
Computer Usage WiFi Reference Questions Program Attendance Community Services 4th Quarter 2025
October November December
27 Literacy and
Educational
Services
Total Visits 4,915 / 4466 / 4441 = 13,852
Circulation 6975 / 6881 / 5694 = 19,550
Programs 30 / 26 / 30 = 86 New Borrowers 91 / 72 / 49 = 212
Total Open Hours 188 / 161 / 187 = 536
0 1,000
2,000
3,000
4,000
5,000
6,000
7,000
8,000
Library Traffic
October
November
December
Child YA Adult
October 4,764 461 1,735
November 4,866 377 1,635
December 3,884 426 1,378
0 1,000
2,000
3,000
4,000
5,000
6,000
Circulation by Age Category
28 New and
Upcoming
Programs
and
Services
Fiber Arts Club
Knit and Crochet has expanded into all
crafts of cloth and yarn.
February’s guest speaker is on quilting.
AARP Free Tax Prep
Trained tax preparers are available
Saturdays at the Library for personal tax
preparation. No age or income
qualifications. Walk-In only.
AARP form available in advance.
Tax Services
CA State and Federal instructions and
some forms will be available at the
Library for do-it-yourselfers.
29 Contact Us!
[email protected]
951-471-3855
Visit Us!
34303 Mission Trail, Wildomar
www.rivlib.net
Follow Us!
Facebook, Instagram
30 CITY OF WILDOMAR
CITY COUNCIL REGULAR MEETING
DEPARTMENT REPORT
Meeting Date: February 10, 2026
SUBJECT:
Community Development Department & Development Activity Update
SUBMITTED BY:
Robert Flores, Community Development Director
PREPARED BY:
Robert Flores, Community Development Director
ACTION:
That the City Council take the following action: Receive and file the update.
ATTACHMENTS:
Community Development Update CC 2.10.2026
31 City of Wildomar
City Council
February 10, 2025
Community Development
Department and Development Update
(Yearly and Fourth Quarter 2025)
32 Agenda
•Community Development Department Update
•Development Activity Update
•Announcement(s)
33 CITY OF WILDOMAR
CITY COUNCIL REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.1
Meeting Date: February 10, 2026
SUBJECT:
City Council/ Cemetery District Board Minutes - January 14, 2026 - Regular Meeting
ACTION:
Approve the minutes as presented.
ATTACHMENTS:
1. Minutes
34 /0/1/2/3/4/5/6
/7/1/4/8/i255/10/11/i255/12/1/13/14/10/0/15/16
/7/1/4/8/i255/7/10/3/2/7/1/13/17/7/5/0/5/4/5/16/8/i255/14/1/6/4/16/1/7/4 /12/5/14/2/5/6/14/15/8/18/i255/19/15/2/3/15/16/8/i255/20/21/18/i255/22/23/22/24 /7/10/3/2/7/1/13/i255/7/25/15/0/26/5/16/6
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47 48
CITY OF WILDOMAR
CITY COUNCIL REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.2
Meeting Date: February 10, 2026
SUBJECT:
January 2026 City Warrant Register
SUBMITTED BY:
Nicholas Neidiffer, Accountant II
PREPARED BY:
Nicholas Neidiffer, Accountant II
ACTION:
Approve the following:
For Fiscal Year 2025/2026:
1. Warrant Register dated 1-8-2026 in the amount of $711,442.24.
2. Warrant Register dated 1-15-2026 in the amount of $226,289.58.
3. Warrant Register dated 1-21-2026 in the amount of $515.00.
4. Warrant Register dated 1-22-2026 in the amount of $74,802.07.
5. Warrant Register dated 1-26-2026 in the amount of $4,471.25.
6. Warrant Register dated 1-29-2026 in the amount of $2,711,867.44.
7. Wire Transfer Register dated 1-31-2026 in the amount of $18,602.79.
8. Payroll Register dated 1-31-2026 in the amount of $533,594.54.
SUMMARY:
January 2026 City Warrant Register
DISCUSSION:
The City of Wildomar requires that the City Council audit payments of demands and direct the City Manager to issue checks. The Warrant and Payroll Registers are submitted for approval.
FISCAL IMPACT:
These Warrant, Wire Transfer and Payroll Registers will have a budgetary impact in the amount and fiscal year noted in the recommendation section of this report. These costs are included in the Fiscal Year 2025/26 Budget.
ATTACHMENTS:
January 2026 City Warrant Register.pdf
49 50
51 52
53 54
55 ACH Date Payee Description Amount1/12/2026 Wells Fargo Banking Fees5,556.51$ 1/13/2026Frontier CommunicationsMonthly Phone and Internet Services74.99$ 1/13/2026Viasat, Inc. Cemetery Phone and Internet177.53$ 1/14/2026EIP IIIMitigation Credits400.00$ 1/16/2026Frontier Communications Monthly Phone and Internet Services169.99$ 1/20/2026Enterprise Fleet Management Monthly City Vehicle Lease Payment1,567.34$ 1/20/2026 US BankCredit Card Statement Payment - Business Meals, Conference Expenses, Organizational Memberships, Special Event Supplies, Repairs & Maintenance, and Office Supplies9,311.17$ 1/21/2026 Charter SpectrumMonthly Backup Internet Services515.00$ 1/27/2026Frontier CommunicationsMonthly Phone and Internet Services72.58$ 1/27/2026Frontier Communications Monthly Phone and Internet Services757.68$ TOTAL 18,602.79$ City of WildomarWire Transfer Register1/31/2026 56 ACH Date Payee Description Amount1/15/2026 Staff Payroll 12/27/2025-1/9/2026 248,799.95$ 1/15/2026 City Manager Payroll 12/16/2025-12/31/2025 13,656.70$ 1/29/2026 Staff Payroll 1/10/2026-1/23/2026 240,333.27$ 1/30/2026 City Manager Payroll 1/1/2026-1/15/2026 14,588.71$ 1/31/2026 City Council Payroll 1/1/2026-1/31/2026 16,215.91$ TOTAL 533,594.54$ City of WildomarPayroll Warrant Register1/31/2026 57 CITY OF WILDOMAR
CITY COUNCIL REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.3
Meeting Date: February 10, 2026
SUBJECT:
January 2026 Cemetery Warrant Register
SUBMITTED BY:
Nicholas Neidiffer, Accountant II
PREPARED BY:
Nicholas Neidiffer, Accountant II
ACTION:
Approve the following:
For Fiscal Year 2025/2026
1. Warrant Register dated 1-8-2026 in the amount of $3,850.63.
2. Warrant Register dated 1-15-2026 in the amount of $109.55.
3. Warrant Register dated 1-29-2026 in the amount of $172,452.49.
SUMMARY:
January 2026 Cemetery Warrant Register
DISCUSSION:
The Wildomar Cemetery District requires that the Trustees audit payments of demands and direct the General Manager to issue checks. The Warrant Registers are submitted for approval.
ACCOUNT CODE:
Funds 300 and 302
FISCAL IMPACT:
These Warrant Registers will have a budgetary impact in the amount and fiscal year noted in the recommendation section of this report. These costs are included in the Fiscal Year 2025/26 Budget.
ATTACHMENTS:
Cemetery Warrant Register Jan 2026.pdf
58 Transaction Name Bill Date Payment Date Fund Line Amount (Debit) Vendor Memo Bill #231641116 11/30/2025 1/8/2026
302 - Cemetery Capital
Improvement Fund 387.90 ST. FRANCIS ELECTRIC CIP 067-1 - Palomar Widening - November 2025 (16%) Bill #05L8710073513 12/23/2025 1/8/2026 300 - Cemetery 26.08 PRIMO BRANDS Cemetery Drinking Water Services 11/21/25-12/20/25 Bill #122925-7258 12/29/2025 1/8/2026 300 - Cemetery 153.87 EDISON 11/26/25-12/28/25 Elec 21400 Palomar (Cemetery) Bill #6131658807 12/22/2025 1/8/2026 300 - Cemetery 24.97 VERIZON WIRELESS 11/23/25-12/22/25 Cemetery/Comm Svs Bill #6131658807 12/22/2025 1/8/2026 300 - Cemetery 38.86 VERIZON WIRELESS 11/23/25-12/22/25 Cemetery Bill #6131658807 12/22/2025 1/8/2026 300 - Cemetery 38.86 VERIZON WIRELESS 11/23/25-12/22/25 Cemetery Bill #0002756 12/15/2025 1/8/2026 300 - Cemetery 634.80 BROWN FAMILY SERVICES General Repair Bill #17933064 12/25/2025 1/8/2026 300 - Cemetery 691.76
ALLIED UNIVERSAL JANITORIAL
SERVICES Wildomar Cemetery - Janitorial Services - December 2025 Bill #17933064 12/25/2025 1/8/2026 300 - Cemetery 66.67
ALLIED UNIVERSAL JANITORIAL
SERVICES Supplies (Cemetery) - Janitorial Services - December 2025 Bill #17704810 10/30/2025 1/8/2026 300 - Cemetery 691.76
ALLIED UNIVERSAL JANITORIAL
SERVICES Wildomar Cemetery - Janitorial Services - October 2025 Bill #17704810 10/30/2025 1/8/2026 300 - Cemetery 66.67
ALLIED UNIVERSAL JANITORIAL
SERVICES Supplies (Cemetery) - Janitorial Services - October 2025 Bill #17815135 11/27/2025 1/8/2026 300 - Cemetery 691.76
ALLIED UNIVERSAL JANITORIAL
SERVICES Wildomar Cemetery - Janitorial Services - November 2025 Bill #17815135 11/27/2025 1/8/2026 300 - Cemetery 66.67
ALLIED UNIVERSAL JANITORIAL
SERVICES Supplies (Cemetery) - Janitorial Services- November 2025 Bill #001189 1/5/2026 1/8/2026 300 - Cemetery 270.00 GOPHER SQUAD Gopher & Insect Pest Control December 2025 - Wildomar
Cemetery
Bill #8012971179 12/25/2025 1/15/2026 300 - Cemetery 109.55 STERICYCLE, INC Contractual Shredding Svc Bill #06A8710073513 1/22/2026 1/29/2026 300 - Cemetery 68.50 PRIMO BRANDS Cemetery Drinking Water Services 12/21/25-01/20/25 Bill #1FXM-T6YM-XLQ3 12/29/2025 1/29/2026 300 - Cemetery 231.20 AMAZON CAPITAL SERVICES Office Supplies Bill #9353276583 12/31/2025 1/29/2026 300 - Cemetery 150.08 CINTAS CORPORATION SD Eyewash Service Agreement Bill #9348743987 11/30/2025 1/29/2026 300 - Cemetery 150.08 CINTAS CORPORATION SD Eyewash Service Agreement Bill #446880 1/14/2026 1/29/2026 300 - Cemetery 32.63 RIGHTWAY SITE SERVICES, INC. Repair Labor - Washstn Bill #167268284 1/14/2026 1/29/2026 300 - Cemetery 92.00
COOL AIR SOLUTIONS HEATING AND,
AIR CONDITIONING
ANNUAL HVAC SERVICES FOR CITY HALL, CEMETERY
& FIRE STATION 61 PLUS CALLOUT
Bill #185723 1/16/2026 1/29/2026 300 - Cemetery 70.00 DEANZA TERMITE & PEST CONTROL, Pest Control Cemetery Bill #175568 11/21/2025 1/29/2026 300 - Cemetery 70.00 DEANZA TERMITE & PEST CONTROL, Pest Control Cemetery Bill #010726 1/27/2026 1/29/2026
302 - Cemetery Capital
Improvement Fund 99,399.50 VAN ENGINEERING Progress Payment #10 Bill #012826 1/28/2026 1/29/2026
302 - Cemetery Capital
Improvement Fund 72,188.50 VAN ENGINEERING Progress Payment #11 TOTAL: 176,412.67
59 CITY OF WILDOMAR
CITY COUNCIL REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.4
Meeting Date: February 10, 2026
SUBJECT:
December 2025 City Treasury Report
SUBMITTED BY:
Adam Jantz, Finance Manager
PREPARED BY:
Adam Jantz, Finance Manager
ACTION:
Approve the City Treasury Report for December 2025.
SUMMARY:
December 2025 City Treasury Report
DISCUSSION:
Attached is the Treasury Report for Cash and Investments for the month of December 2025.
The City utilizes both the California State Treasurer’s Local Agency Investment Fund (LAIF) and the California Asset Management Program (CAMP) for city investments.
On October 12th, 2022, the City entered into an agreement with PFM Asset Management as an investment advisor for the City’s CAMP investment pool and established an additional managed CAMP account for long-term investments. Over time, this is expected to increase the returns on the City investments above the normal CAMP pool rate.
Over this month, the City earned $108,075.63 in interest from its investment accounts.
ACCOUNT CODE:
100-1012
100-1011
110-1011
115-1011
120-1011
201-1011
212-1011
300-1011
301-1011
420-1011
421-1011
440-1011
461-1011
FISCAL IMPACT:
This is only a report on balances for the City and therefore it has no fiscal impact.
ATTACHMENTS:
60 December 2025 City Treasury Report.pdf
61 BEGINNING + (-) ENDING
FUND ACCOUNT INSTITUTION BALANCE DEPOSITS WITHDRAWALS BALANCE RATE All All WELLS FARGO $ 5,084,043.50 $ 3,956,684.98 (5,105,185.87) $ 3,935,542.61 3.63266% TOTAL $ 5,084,043.50 $ 3,956,684.98 $ (5,105,185.87) $ 3,935,542.61
AVERAGE
PERCENT OF DAYS STATED
FUND BOOK VALUE FACE VALUE MARKET VALUE PORTFOLIO TO MAT. RATE 100 $ 5,346,329.19 $ 5,346,329.19 $ 5,346,329.19 12.40% N/A 4.025% Various $ 13,077,880.43 $ 13,077,880.43 $ 13,077,880.43 30.34% N/A 3.950% Various $ 24,070,015.23 $ 24,070,015.23 $ 24,676,155.75 57.25% 901 4.290% TOTAL $ 42,494,224.85 $ 42,494,224.85 $ 43,100,365.37 100.00% CITY $ 47,035,907.98
+ + (-)
BEGINNING INTEREST WITHDRAWALS/ ENDING STATED
FUND BALANCE PURCHASES DEPOSITED SALES BALANCE RATE
100 General $ 5,346,329.19 $ 0.00 $ 0.00 $ 0.00 $ 5,346,329.19 4.025% 100 General $ 5,627,966.00 $ 0.00 $ 18,860.62 $ 0.00 $ 5,646,826.62 3.950% 115 ARPA $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 3.950% 120 AA $ 4,153,265.81 $ 0.00 $ 13,918.56 $ 0.00 $ 4,167,184.37 3.950% 461 DIF Park Imp. $ 2,798,174.78 $ 0.00 $ 9,377.33 $ 0.00 $ 2,807,552.11 3.950% 301 Endowment $ 454,793.21 $ 0.00 $ 1,524.12 $ 0.00 $ 456,317.33 3.950% 100 General $ 6,544,360.30 $ 0.00 $ 17,587.48 $ 0.00 $ 6,561,947.78 4.290% 110 Dev. Agrmnt. $ 3,371,388.27 $ 0.00 $ 8,970.12 $ 0.00 $ 3,380,358.39 4.290% 120 AA $ 6,653,754.07 $ 0.00 $ 17,856.02 $ 0.00 $ 6,671,610.09 4.290% 201 Measure A $ 1,237,780.89 $ 0.00 $ 3,310.20 $ 0.00 $ 1,241,091.09 4.290% 204 Waste Svcs. $ 1,102,938.85 $ 0.00 $ 2,959.29 $ 0.00 $ 1,105,898.14 4.290% 300 Cemetery $ 1,102,938.85 $ 0.00 $ 2,959.29 $ 0.00 $ 1,105,898.14 4.290% 420 Public Fac. $ 528,559.61 $ 0.00 $ 1,413.53 $ 0.00 $ 529,973.14 4.290% 421 Police Fac. $ 528,559.61 $ 0.00 $ 1,413.53 $ 0.00 $ 529,973.14 4.290% 440 DIF Roads $ 2,769,533.92 $ 0.00 $ 7,469.37 $ 0.00 $ 2,777,003.29 4.290% 461 DIF Park Imp. $ 165,805.85 $ 0.00 $ 456.17 $ 0.00 $ 166,262.02 4.290% TOTAL $ 42,386,149.22 $ 0.00 $ 108,075.63 $ 0.00 $ 42,494,224.85
CAMP MANAGED ACCOUNT
CAMP MANAGED ACCOUNT
CAMP MANAGED ACCOUNT
CAMP POOL
CAMP MANAGED ACCOUNT
CAMP MANAGED ACCOUNT
CAMP MANAGED ACCOUNT
CAMP MANAGED ACCOUNT
CAMP MANAGED ACCOUNT
CAMP MANAGED ACCOUNT
CASH AND INVESTMENT PORTFOLIO
TREASURY REPORT FOR
CITY OF WILDOMAR
CITY CASH
CITY INVESTMENT
BREAKDOWN
TOTAL CASH AND INVESTMENTS
December 2025
In compliance with the California Code Section 53646, as City Treasurer for the City of Wildomar, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months, and that all investments are in compliance with the City's Statement of Investment Policy.
I also certify that this report reflects all Government Agency pooled investments and all of the City's Bank Balances.
ISSUER
CAMP POOL
CAMP POOL
LOCAL AGENCY INVESTMENT FUND
LOCAL AGENCY INVESTMENT FUNDS
ISSUER
CAMP POOL
CAMP POOL
CAMP POOL
CAMP MANAGED ACCOUNT
CAMP MANAGED ACCOUNT
Adam Jantz
Adam Jantz
Finance Manager
Date
1/8/2026
62 CITY OF WILDOMAR
CITY COUNCIL REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.5
Meeting Date: February 10, 2026
SUBJECT:
December 2025 Cemetery Treasury Report
SUBMITTED BY:
Adam Jantz, Finance Manager
PREPARED BY:
Adam Jantz, Finance Manager
ACTION:
Approve the Treasury Report for December 2025.
SUMMARY:
December 2025 Cemetery Treasury Report
DISCUSSION:
Attached is the Treasury Report for Cash and Investments for the month of December 2025.
ACCOUNT CODE:
300-1011
301-1011
FISCAL IMPACT:
This is only a report of balances for the Cemetery and therefore has no fiscal impact.
ATTACHMENTS:
December 2025 Cemetery Treasury Report.pdf
63 PERCENT
OF DAYS STATED
FUND BOOK VALUE FACE VALUE MARKET VALUE PORTFOLIO TO MAT. RATE 301 $ 456,317.33 $ 456,317.33 $ 456,317.33 28.69% N/A 3.950% 300 $ 1,105,898.14 $ 1,105,898.14 $ 1,133,998.99 71.31% 901 4.290% $ 1,562,215.47 $ 1,562,215.47 $ 1,590,316.32 100.00%
+ + WITHDRAWALS/
BEGINNING DEPOSITS/ INTEREST SALES/ ENDING STATED
FUND BALANCE PURCHASES DEPOSITED MATURITIES BALANCE RATE 301 $ 454,793.21 $ - $ 1,524.12 $ - $ 456,317.33 3.950% 300 $ 1,102,938.85 $ - $ 2,959.29 $ - $ 1,105,898.14 4.290% $ 1,557,732.06 $ - $ 4,483.41 $ - $ 1,562,215.47 Finance Manager
In compliance with the California Code Section 53646, as City Treasurer for the Wildomar Cemetery District, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the District's expenditure requirements for the next six months.
I also certify that this report reflects all Government Agency pooled investments and all of the District's Bank Balances.
Adam Jantz 1/8/2026
Adam Jantz Date
TOTAL
WILDOMAR CEMETERY DISTRICT
TREASURY REPORT FOR
CASH AND INVESTMENT PORTFOLIO
December 2025
DISTRICT INVESTMENT
ISSUER
ISSUER
TOTAL
CAMP POOL
CAMP MANAGED ACCOUNT
CAMP POOL
CAMP MANAGED ACCOUNT
64 CITY OF WILDOMAR
CITY COUNCIL REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.6
Meeting Date: February 10, 2026
SUBJECT:
Second Reading and Adoption of Ordinance No. 259, revising Title 5 of the Wildomar Municipal Code
SUBMITTED BY:
Robert Flores, Community Development Director
PREPARED BY:
Robert Flores, Community Development Director
ACTION:
1. Determine that Ordinance No. 259, is exempt under the California Environmental Quality Act (CEQA) and CEQA Guidelines, pursuant to the common-sense exemption, Section 15061(b)(3) of the CEQA Guidelines, under the general rule-making provision; and
2. Conduct a second reading by title only and adopt Ordinance No. 259 amending Title 5 (Business Licenses and Regulations) of the Wildomar Municipal Code, as entitled:
ORDINANCE NO. 259
AN ORDINANCE OF THE WILDOMAR CITY COUNCIL AMENDING SECTION 1.04.120, VARIOUS PROVISIONS OF TITLE 5 (BUSINESS LICENSES AND REGULATIONS), AND OTHER TITLES OF THE WILDOMAR MUNICIPAL CODE TO UPDATE THE CITY’S
BUSINESS REGISTRATION AND REGULATORY FRAMEWORK AND CONFORM
ASSOCIATED REFERENCES
SUMMARY:
Second Reading and Adoption of Ordinance No. 259, revising Title 5 (Business Licenses and Regulations) of the Wildomar Municipal Code relating to business regulations.
BACKGROUND:
At its January 14, 2026, the City Council introduced Ordinance No. 259. The ordinance is now being presented to the City Council for a second reading (by title only) and adoption.
Additionally, on October 13, 2025, the City Council also determined this ordinance is exempt from the California Environmental Quality Act (CEQA) as a commonsense exemption under Section 15061(b)(3) of the CEQA Guidelines, under the general rule-making provision.
FISCAL IMPACT:
The fiscal impacts associated with the drafting, legal review, and implementation of this ordinance are covered by the Department’s Operating Budget of General Fund.
ATTACHMENTS:
Attachment A - Draft City Council Ordinance - Title 5.docx Attachment B - Exhibit A to Ordinance - Title 5 Amendments.pdf 65 Ordinance No. [Next in Order]
ORDINANCE NO. 259
AN ORDINANCE OF THE WILDOMAR CITY COUNCIL AMENDING
SECTION 1.04.120, VARIOUS PROVISIONS OF TITLE 5 (BUSINESS
LICENSES AND REGULATIONS) , AND OTHER TITLES OF THE
WILDOMAR MUNICIPAL CODE TO UPDATE THE CITY’S BUSINESS
REGISTRATION AND REGULATORY FRAMEWORK AND CONFORM
ASSOCIATED REFERENCES
The Wildomar City Council does ordain as follows:
SECTION 1. Findings. The City Council finds, determines and declares as follows:
A. California Constitution art XI, §7, confers the police power to cities, providing that “[a] county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.”
B. Government Code section 37101 authorizes cities to adopt ordinances and regulations not inconsistent with the laws of the state for the government and protection of the public health, safety, and welfare.
C. Title 5 of the Wildomar Municipal Code (“WMC”) establishes the City’s business registration and regulatory framework, including provisions governing registration requirements, fees, inspections, and enforcement.
D. The amendments adopted by this Ordinance clarify and update terminology within Chapter 5.68, including the use of “business registration” in place of “business license,” while maintaining the City’s existing revenue-neutral regulatory framework and enforcement authority.
SECTION 2: Approval.
A. The City Council hereby approves and adopts the amendments to Title 5 (Business Licenses and Regulations) of the WMC, including amendments to Chapter 5.68 (Business Registration and License Program), as set forth in Exhibit “A” attached hereto and incorporated herein by this reference.
B. The City Council approves and adopts an amendment to WMC Section
1.04.120 (Definitions), which modified to add a new definition as follows:
“Business license” shall mean a “business registration,” as described in Title 5 of this code.
C. The City Council approves and adopts global amendments to the WMC to 66 Ordinance No. [Next in Order]
replace references to “business license” with “business registration,” except for WMC Title 17.
SECTION 3: Environmental Assessment. This Ordinance is exempt from review under the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.) and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et seq.) pursuant to the common- sense exemption, CEQA Guidelines section 15061(b)(3), in that the amendments involve general policy and procedural clarifications and it can be seen with certainty that there is no possibility that adoption of this Ordinance may have a significant effect on the environment.
SECTION 4: Construction. This Ordinance must be broadly construed to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.
SECTION 5: Summaries of Information. All summaries of information in the findings herein are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.
SECTION 6: Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, this Ordinance’s provisions are severable.
SECTION 7: Recordation. The City Clerk, or designee, is directed to certify the passage and adoption of this Ordinance; case it to be entered into the City’s book of original ordinances; make a note of the passage and adoption of this Ordinance and cause it to be published or posted in accordance with California law.
SECTION 8: Effective Date. This Ordinance will become effective 30 days after second reading and adoption.
PASSED AND ADOPTED this 10th day of February, 2026.
______________________
Carlos Marquez
Mayor
67 Ordinance No. [Next in Order]
APPROVED AS TO FORM: ATTEST:
______________________ ______________________
Thomas D. Jex Janet Morales Garcia, CMC
City Attorney City Clerk
EXHIBIT
Exhibit A: Title 5 Amendments
68 Ordinance No. [Next in Order]
EXHIBIT “A”
TITLE 5 AMENDMENTS
69 City of Wildomar, CA
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Title 5
BUSINESS REGULATIONS
Chapter 5.04
BINGO
§ 5.04.010. Definitions.
§ 5.04.020. Authority.
§ 5.04.030. License required.
§ 5.04.040. Application for license.
§ 5.04.050. Term of license and fees.
§ 5.04.060. Application investigation.
§ 5.04.070. License not transferable.
§ 5.04.080. Limitations.
§ 5.04.090. Inspection.
§ 5.04.100. Denial of application, license
suspension or revocation.
§ 5.04.110. Appeal.
§ 5.04.120. Violation—Penalties.
§ 5.04.130. Other remedies.
Chapter 5.08
CABLE, VIDEO AND
TELECOMMUNICATIONS SERVICE
PROVIDERS
Article I
General Provisions
§ 5.08.010. Title.
§ 5.08.020. Purpose and intent.
§ 5.08.030. Defined terms and phrases.
§ 5.08.040. Suspension and waiver of
application fee deposits.
Article II
Cable Television Systems
§ 5.08.050. Authority and findings.
§ 5.08.060. Franchise terms and
conditions.
§ 5.08.070. Franchise applications and
renewal.
§ 5.08.080. Contents of cable television
franchise agreements.
§ 5.08.090. Fee for support of local
cable usage.
§ 5.08.100. Consumer protection and
service standards.
Article III
Open Video Systems
§ 5.08.110. Applicability.
§ 5.08.120. Application required.
§ 5.08.130. Review of the application.
§ 5.08.140. Agreement required.
Article IV
Other Video and Telecommunications
Services and Systems
§ 5.08.150. Other multichannel video
programming distributors.
§ 5.08.160. Video
providers—Registration—Customer
service standards.
Article V
Definitions
§ 5.08.180. Defined terms and phrases.
Article VI
Violations—Severability
§ 5.08.190. Violations—Enforcement.
Chapter 5.12
VIDEO FRANCHISE FEES, CUSTOMER
SERVICE AND OTHER VIDEO-
RELATED MATTERS
§ 5.12.010. Regulation of video
franchises and definitions.
70 City of Wildomar, CA
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WILDOMAR CODE
§ 5.12.020. State video franchise fees.
§ 5.12.030. Audit authority.
§ 5.12.040. Customer service and
protection standards.
§ 5.12.050. Material breach of customer
standards.
§ 5.12.060. Response to Notice of
Breach.
§ 5.12.070. Request for Exemption from
Breach.
§ 5.12.080. Penalties for customer
service and protection
standards violations.
§ 5.12.090. Appeal of penalties for
customer service and
protection standards
violations.
§ 5.12.100. City response to state video
franchise applications.
§ 5.12.110. PEG fees.
Chapter 5.16
CLOSING OUT AND RELOCATION
SALES
§ 5.16.010. License required.
§ 5.16.020. License application.
§ 5.16.030. License fee.
§ 5.16.040. Inventory list required.
§ 5.16.050. Violation—Penalty.
Chapter 5.20
COMMERCIAL FILMING
§ 5.20.010. Purpose.
§ 5.20.020. Definitions.
§ 5.20.030. Permit requirement.
§ 5.20.040. Exemptions/waivers.
§ 5.20.050. Use of facilities.
§ 5.20.060. Liability provisions.
§ 5.20.070. Department of Economic
and Community
Development—Duties.
§ 5.20.080. Rules, regulations and fees.
§ 5.20.090. Violations of
permit—Cancellation.
Chapter 5.24
DANCE HALLS, DANCE CLUBS AND
PUBLIC DANCES
§ 5.24.010. Permit required.
§ 5.24.020. Permit issuance.
§ 5.24.030. License fee.
§ 5.24.040. Permit denial—Appeal.
§ 5.24.050. City
Council—Responsibilities.
§ 5.24.060. Definitions.
§ 5.24.070. Exemptions.
§ 5.24.080. Minors.
§ 5.24.090. Hours of dance restricted.
§ 5.24.100. Illumination of dance hall.
§ 5.24.110. Intoxicated persons not
permitted.
§ 5.24.120. Dance
instructors—Restrictions.
§ 5.24.130. Paid dancing partners
unlawful.
§ 5.24.140. Promulgation of rules and
regulations—Chief of Police
authority.
§ 5.24.150. Security personnel.
§ 5.24.160. Chapter provisions optional
when.
§ 5.24.170. Violation—Penalty.
Chapter 5.28
FORTUNETELLING AND SIMILAR
ACTIVITIES
§ 5.28.010. Findings.
§ 5.28.020. Definitions.
§ 5.28.030. License requirement.
§ 5.28.040. Exemptions from license
requirement.
§ 5.28.050. Land use and building and
safety requirements.
§ 5.28.060. License application, fees and
other requirements.
71 City of Wildomar, CA
BUSINESS REGULATIONS
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§ 5.28.070. Investigation.
§ 5.28.080. Term of license and renewal.
§ 5.28.090. Denial of license application.
§ 5.28.100. Suspension and revocation
of license.
§ 5.28.110. Appeals from suspensions
and revocations of licenses
and denials of license
applications.
§ 5.28.120. Notification of changes.
§ 5.28.130. Display of license.
§ 5.28.140. Hours permitted.
§ 5.28.150. Records.
§ 5.28.160. Inspections.
§ 5.28.170. Adjustments of fees.
§ 5.28.180. Violations—Penalties.
§ 5.28.190. Other remedies.
Chapter 5.32
GARAGE SALES
§ 5.32.010. Garage sale defined.
§ 5.32.020. Unauthorized sales
prohibited.
§ 5.32.030. Exemptions.
§ 5.32.040. Frequency and time of sales
limited.
§ 5.32.050. Display.
§ 5.32.060. Signs.
§ 5.32.070. Violation—Penalty.
Chapter 5.36
MASSAGE BUSINESSES
§ 5.36.010. Definitions.
§ 5.36.020. License required to conduct
massage business.
§ 5.36.030. Exemptions.
§ 5.36.040. Massage business operating
requirements.
§ 5.36.050. Application for massage
business license and
renewals.
§ 5.36.060. Grounds for denial,
suspension or revocation of
a license.
§ 5.36.070. Appeal.
§ 5.36.080. Inspection.
§ 5.36.090. Licenses not transferable.
§ 5.36.100. Violations—Penalties.
§ 5.36.110. Other remedies.
Chapter 5.40
SEX-ORIENTED BUSINESSES
§ 5.40.010. Findings.
§ 5.40.020. Intent.
§ 5.40.030. Definitions.
§ 5.40.040. Permit
prerequisite—Application
process.
§ 5.40.050. Permit
approval—Standards.
§ 5.40.060. Permit
requirements—Generally.
§ 5.40.070. Permit
requirements—Motion
picture arcades.
§ 5.40.080. Permit requirements—Live
entertainment.
§ 5.40.090. Permit
requirements—Effect of
noncompliance.
§ 5.40.100. Permit duration.
§ 5.40.110. Permit renewal.
§ 5.40.120. Permit transferability.
§ 5.40.130. Permit revocation.
§ 5.40.140. Permit revocation
procedure.
§ 5.40.150. Existing sex-oriented
businesses.
§ 5.40.160. Violations—Misdemeanor/
injunction.
Chapter 5.44
SURFACE MINING OPERATIONS
§ 5.44.010. Findings.
72 City of Wildomar, CA
WILDOMAR CODE
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§ 5.44.020. Exemptions.
§ 5.44.030. Permit required.
§ 5.44.040. Permit application.
§ 5.44.050. Mining plan—Contents.
§ 5.44.060. Reclamation—Contents.
§ 5.44.070. Public
hearing—Decision—Appeals.
§ 5.44.080. Permit conditions.
§ 5.44.090. Financial assurances
required.
§ 5.48.110. Application for a taxicab
driver's permit.
§ 5.48.120. Grounds for denial or
revocation of taxicab
driver's permit.
§ 5.48.130. Issuance of taxicab driver's
permit.
§ 5.48.140. Appeal procedures.
§ 5.48.150. Revocation of permit.
§ 5.48.160. Enforcement by Chief of
§ 5.44.100. Violation—Notification—Penalty. Police.
§ 5.44.110. Time limit.
§ 5.44.120. Vested rights.
§ 5.44.130. Modification to approved
permit or plan.
§ 5.44.140. Idle mining
operation—Interim
management plan
application requirements.
§ 5.44.150. Transfer of ownership.
§ 5.44.160. Violation—Penalty.
Chapter 5.48
TAXICABS AND NONEMERGENCY
MEDICAL VAN SERVICES
§ 5.48.010. Purpose.
§ 5.48.020. Definitions.
§ 5.48.030. Permit required for taxicab
service.
§ 5.48.040. Application for taxicab
service permit.
§ 5.48.050. Vehicle inspection and
certification by licensed
mechanic.
§ 5.48.060. Vehicle service and
maintenance records.
§ 5.48.070. Issuance of taxicab service
permit.
§ 5.48.080. Grounds for denial or
revocation of taxicab service
permit.
§ 5.48.090. Permit
fees—Transferability.
§ 5.48.100. Taxicab driver's permit.
§ 5.48.170. Exemptions.
§ 5.48.180. Time for compliance by
existing taxicab services and
taxicab drivers.
§ 5.48.190. Violation—Penalty.
Chapter 5.52
WEIGHING AND MEASURING
DEVICES
Article I
Weights and Measures Registration
§ 5.52.010. Title.
§ 5.52.020. Purpose and authority.
§ 5.52.030. Definitions.
§ 5.52.040. Registration certificate
required.
§ 5.52.050. Application and issuance of
certificate.
§ 5.52.060. Term of certificate.
§ 5.52.070. Registration certificate fees.
§ 5.52.080. Nonpayment of
fees—Penalty.
§ 5.52.090. Qualified certificate holders.
§ 5.52.100. Lost certificate.
§ 5.52.110. Transferability of certificate.
§ 5.52.120. Violations—Penalties.
Article II
Inspection and Testing
§ 5.52.130. Title.
§ 5.52.140. Purpose and authority.
73 City of Wildomar, CA
BUSINESS REGULATIONS
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§ 5.52.150. Definitions.
§ 5.52.160. Fees.
§ 5.52.170. Fees for noncommercial
devices.
§ 5.52.180. Fees for commercial devices
when requested by owner/
user.
§ 5.52.190. Payment of fees and
penalties.
Chapter 5.56
ALCOHOLIC BEVERAGES
§ 5.56.010. Sale or furnishing of
alcoholic beverages at
clothing optional resorts,
campgrounds and facilities.
Chapter 5.60
CONSUMER PROTECTION BUSINESS
PERMIT
§ 5.60.010. Title.
§ 5.60.020. Purpose and authority.
§ 5.60.030. Definitions.
§ 5.60.040. Permit required.
§ 5.60.050. Permit term.
§ 5.60.060. Permit not transferable.
§ 5.60.070. Permit fees.
§ 5.60.080. Lost permit.
§ 5.60.090. Violations—Penalties.
Chapter 5.64
LICENSURE OF TOBACCO
RETAILERS
§ 5.64.010. Purpose and intent.
§ 5.64.020. Definitions.
§ 5.64.030. Tobacco license
prerequisite—Application
process.
§ 5.64.040. License
issuance—Standards.
§ 5.64.050. Licenses nontransferable.
§ 5.64.060. Fees for license.
§ 5.64.070. Other requirements and
prohibitions.
§ 5.64.080. License violation.
§ 5.64.090. Revocation of license.
§ 5.64.100. Enforcement.
Chapter 5.68
BUSINESS REGISTRATION PROGRAM
§ 5.68.010. Statement of purpose and
intent.
§ 5.68.020. Definitions.
§ 5.68.030. Business registration required.
§ 5.68.040. Exemption.
§ 5.68.050. Evidence of doing business.
§ 5.68.060. Application and issuance of
business registration.
§ 5.68.070. Renewal of business registration.
§ 5.68.080. Nontransferable—Change
of location or ownership,
name of business.
§ 5.68.090. Duplicate registration.
§ 5.68.100. Business registration fees.
§ 5.68.110. Contents of business
registration—Display required.
§ 5.68.120. Inspectors.
§ 5.68.130. Water quality inspections
and
enforcement—Additional
fees.
§ 5.68.140. False statements.
§ 5.68.150. Unlawful business.
§ 5.68.160. Violation—Penalty.
Chapter 5.72
ROADSIDE VENDING
§ 5.72.010. Purpose, intent, and
findings.
§ 5.72.020. Definitions.
§ 5.72.030. Prohibition.
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WILDOMAR CODE
§ 5.72.040. Roadside vending from § 5.76.080. Changes and modifications lawfully parked vehicle on of local licenses.
residential streets. § 5.76.090. Renewal of local license. § 5.72.050. Compliance with other
applicable law.
§ 5.76.100. Appeal of decision on local
license.
§ 5.72.060. Enforcement. § 5.76.110. Cannabis business
§ 5.72.070. Severability. operational requirements.
§ 5.72.080. Public nuisance declaration. § 5.76.120. Retailer operational § 5.72.090. Incorporation by reference. requirements.
§ 5.76.130. Manufacturing site
Chapter 5.76
COMMERCIAL CANNABIS LICENSING
§ 5.76.010. Purpose and Intent.
§ 5.76.020. Relationship to other laws.
§ 5.76.030. Definitions.
§ 5.76.040. Local license in addition to
operational requirements.
§ 5.76.140. Cultivation operational
requirements.
§ 5.76.150. Distribution operational
requirements.
§ 5.76.160. Testing laboratory operation
requirements.
business license or other
permit.
§ 5.76.170.
§ 5.76.180.
Packaging and labeling.
Visitor requirements.
§ 5.76.050.
§ 5.76.060.
Local license required.
Local license application
process.
§ 5.76.190.
§ 5.76.200.
Limitations on City's
liability.
Inspections.
§ 5.76.070. Conditions of approval,
administrative rules.
§ 5.76.210. Enforcement—Suspension
and revocation of license.
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§ 5.04.010 BUSINESS REGISTRATION AND REGULATIONS § 5.04.040
CHAPTER 5.04
BINGO
§ 5.04.010. Definitions.
Whenever in this chapter the following terms are used, they shall have the meanings respectively ascribed to them in this section.
"Bingo" means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conform to numbers or symbols selected at random. The game may include cards having numbers or symbols which are concealed and preprinted in a manner providing for distribution of prizes. The winning cards shall not be known prior to the game 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."
"City Manager" means the City Manager for the City of Wildomar or designee. "Consumer Price Index" means the California Consumer Price Index for all Urban Consumers published by the Department of Industrial Relations.
"Minor" is any person under the age of 18 years.
"Qualified organization" is a mobilehome park association, a senior citizens organization, or an organization exempted from the payment of the bank and corporation tax by Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f),23701(g) and 23701(l) of the Revenue and Taxation Code.
(Ord. 18 § 2, 2008, RCC § 5.04.010; Ord. 233 § 1, 2023; Ord. 246, 12/11/2024)
§ 5.04.020. Authority.
The authority for this chapter is contained in Section 19 of Article IV of the California Constitution and Section 326.5 of the Penal Code.
(Ord. 18 § 2, 2008, RCC § 5.04.020)
§ 5.04.030. License required.
A. It is unlawful for any organization to conduct any bingo games in the City unless such organization is a qualified organization and has been issued a license as provided in this chapter.
B. It is unlawful for any person to conduct any bingo games in the City unless such person is a member of a qualified organization acting on behalf of such qualified organization that has been issued a license as provided by this chapter.
(Ord. 18 § 2, 2008, RCC § 5.04.030)
§ 5.04.040. Application for license.
Applications for a license or renewal thereof shall be filed with the City Clerk and approved by the City Manager on forms prescribed by the City Manager and shall be signed under penalty of perjury. Such applications shall be filed:
A. Not less than 30 days prior to the proposed date of the bingo game or games; 76 City of Wildomar, CA
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B. Not later than 30 days after obtaining written verification from the Planning Department that there is improved vehicular access to the premises wherein a bingo game is to be conducted and that such premises contain off -street vehicle parking facilities on the basis of not less than one parking space for each two seats; one seat is defined as an area of seven and one-half square feet; and
C. Not later than 30 days after obtaining written verification from the Building and Safety Department that the operation of such game or games is in compliance with Title 15 and Chapter 8.28.
(Ord. 18 § 2, 2008, RCC § 5.04.040; Ord. 233 § 1, 2023)
§ 5.04.050. Term of license and fees.
A. The term of a bingo license is 12 months and may be renewed for a period of 12 months any time with-in one year from its date of issuance, upon application therefor.
B. The fee for an initial bingo license shall be $50.00 and shall accompany the filing of the application. A license may be renewed upon the payment of a renewal fee of $50.00 which has been paid at least 30 days prior to the expiration of the term of the current license and provided the applicant is in good standing under the current license. When the renewal fee is not paid at least 30 days prior to expiration of the current license, an additional late fee of $25.00 shall be paid.
(Ord. 18 § 2, 2008, RCC § 5.04.050; Ord. 233 § 1, 2023)
§ 5.04.060. Application investigation.
A. Upon receipt of an application for a license, along with the appropriate fee, the City Manager shall investigate the truth of the matters set forth in the application and the character of the applicant and may examine the premises to be used for the bingo game or games.
B. The City Manager may make inquiries to any office or department of the City, and to any County, State of California, and federal agencies which the City Manager deems essential in order to carry out a proper investigation of applicant and the organization.
C. Upon approval of any application for a bingo license, the City Manager shall issue the license.
(Ord. 18 § 2, 2008, RCC § 5.04.060; Ord. 233 § 1, 2023)
§ 5.04.070. License not transferable.
Each license issued hereunder shall be issued to a specified qualified organization to conduct a bingo game at a specific location and shall in no event be transferable from one organization to another nor from one location to another.
(Ord. 18 § 2, 2008, RCC § 5.04.070)
§ 5.04.080. Limitations.
A. A qualified organization shall conduct a bingo game only on property owned or leased by it, or on property whose use is donated to such organization, and which property is used by such organization for an office or for the performance of the purposes for which the organization is organized. Nothing in this subsection shall be construed to require that the 77 City of Wildomar, CA
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property owned or leased by, or whose use is donated to, the organization be used or leased exclusively by, or donated exclusively to, such organization.
B. No minors shall be allowed to participate in any bingo game.
C. All bingo games shall be open to the public, not just to the members of the qualified organization.
D. A bingo game shall be operated and staffed only by members of the qualified organization which organized it. Only the organization authorized to conduct a bingo game shall operate such game or participate in the promotion, supervision or any other phase of such game.
Such organization shall have written policies incorporated in its constitution, articles, by - laws or other regulations setting forth the manner in which a person may become a member of the organization, and absent any such written policies, it shall be presumed that the organization has no members who may operate and staff a bingo game. This subsection does not preclude the employment of security personnel, who a re not members of the qualified organization, at a bingo game by the organization conducting the game.
E. No person shall receive or pay a profit, wage, salary or percentage from any bingo game authorized by this chapter.
F. No individual, corporation, partnership or other legal entity except the organization authorized to conduct a game shall hold a financial interest in the conduct of such bingo game.
G. With respect to organizations exempt from payment of the bank and corporation tax by Section 23701(d) of the Revenue and Taxation Code, all profits derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. Such profits shall be used only for charitable purposes, that is, for the purposes for which such organizations are organized pursuant to their articles of incorporation or for purposes clearly incidental thereto. With respect to other organizations authorized to conduct bingo games pursuant to the provisions of this chapter, all proceeds derived from a bingo game shall be kept in a special fund and account and shall not be commingled with any other fund or account. Such proceeds shall be distributed to organizations that are tax exempt under Section23701(d) of the Revenue and Taxation Code to be used for charitable purposes as above defined, except as follows:
1. Such proceeds may be used for prizes.
2. A portion of such proceeds, not to exceed 20% of the proceeds before the deduction for prizes, or $3,000.00 per month, whichever is less, may be used for rental of property, overhead, including the purchase of bingo equipment, administrative expenses, security equipment and security personnel. Beginning January 1, 2025, the $3,000.00 per month shall be increased annually by the annual average percentage in the Consumer Price Index for the preceding calendar year.
The licensee shall keep full and complete accounting records supported by properly executed contracts, leases, receipts, and other related documents which pertain to all monies, or other forms of income, collected in connection with the conduct of any of its bingo games, disbursed for expenditures in connection therewith and remaining or distributed for charitable purposes. Such records shall be clearly identified and readily accessible. Officials of the City shall have the right to examine and audit such records 78 City of Wildomar, CA
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at any reasonable time, and the licensee shall fully cooperate with such officials by making such records available. At the end of any month during which any bingo game is conducted, the licensee shall file with the City Manager a full and complete financial amount remaining or distributed for charitable purposes.
3. Such proceeds may be used to pay license fees.
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. The total value of prizes awarded during the conduct of any bingo games shall not exceed $500.00 in cash or kind, or both, for each separate game which is held. (Ord. 18 § 2, 2008, RCC § 5.04.080; Ord. 233 § 1, 2023; Ord. 246, 12/11/2024)
§ 5.04.090. Inspection.
Any peace officer of the City shall have free access to any bingo game licensed under this chapter.
The licensee shall have the bingo license, lists of approved staff and accounting documents relating to all monies collected, disbursed and distributed avai lable to such peace officer for inspection at all times during any bingo game or during licensee's normal business hours. (Ord. 18 § 2, 2008, RCC § 5.04.090)
§ 5.04.100. Denial of application, license suspension or revocation.
A. An application for a bingo license may be denied for any of the following findings:
1. That the applicant does not fulfill the specific requirements for such license as set forth in this chapter;
2. That the applicant, or any agent or representative thereof, has knowingly made any false, misleading or fraudulent statement of a material fact in the application or any document in connection therewith;
3. That the applicant, or any of its members, is not of good moral character. If the applicant has, or any of its members have, been convicted of any felony under the laws of this state or has been previously convicted of an offense under the laws of any other state of the United States which offense if committed in this state would have been punishable as a felony, it shall be presumed that the applicant is not of good moral character; or
4. That the applicant is unfit to conduct bingo games.
B. A bingo license may be suspended or revoked for any of the following findings:
1. That the licensee has, or any of its members have, violated any of the provisions of this chapter; or
2. That the bingo games will not comport with the public welfare for any reason or that the same have been conducted in an illegal, improper or disorderly manner, or in a manner substantially different from that described in the application, or for any reason for which the license application could have been denied. 79 City of Wildomar, CA
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C. If, after an investigation, the City Manager determines that a bingo license should be suspended or revoked or that an application for such license be denied, they shall prepare a notice of suspension or revocation or denial of application setting forth the reasons for such suspension, revocation or denial. Such notice shall be served personally on the licensee or applicant, or sent by registered or certified mail, postage prepaid, return receipt requested to the licensee's or applicant's last address as provided in the application.
D. Any organization whose bingo license has been denied or revoked may not apply for a license to conduct any bingo games for a period of one year from the date notice of such denial or revocation was served on it, or if affirmed on appeal by the City Council as provided in Section 5.04.110, from the date of such affirmation; provided, however, if the reason for revocation is cancellation of the exemption granted under Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g) and 23701(l) of the Reve nue and Taxation Code, such organization may again apply for a bingo license upon proof of reinstatement of such exemption.
(Ord. 18 § 2, 2008, RCC § 5.04.100; Ord. 233 § 1, 2023)
§ 5.04.110. Appeal.
A. Any person who has had an application for a bingo license denied by the City Manager, or who has had a bingo license suspended or revoked by the City Manager may appeal the decision by filing with the City Clerk, within 15 days after the date of such decision, a written notice of appeal briefly setting forth the reasons why such denial, sus pension or revocation is not proper. The Clerk shall give written notice of the time and place of the hearing to the appellant.
B. Such appeal shall be heard by the City Council which may affirm, amend or reverse the decision or take such other action as it deems appropriate. In conducting the hearing, the City Council shall not be limited by the technical rules of evidence. (Ord. 18 § 2, 2008, RCC § 5.04.110; Ord. 233 § 1, 2023)
§ 5.04.120. Violation—Penalties.
A. Any person violating any of the provisions or failing to comply with any of the requirements of this chapter shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not to exceed $1,000.00 or by imprisonment for a period of not more than six months, or by both such fine and imprisonment.
B. Notwithstanding provisions of subsection A of this section, any violation of Section
5.04.080(E) shall be a misdemeanor, punishable by a fine not to exceed $10,000.00. Such fine shall be deposited in the general fund of the City.
C. All sanctions provided in this chapter shall be cumulative and not exclusive. (Ord. 18 § 2, 2008, RCC § 5.04.120)
§ 5.04.130. Other remedies.
The provisions of Section 5.04.120 are to be construed as added remedies and not in conflict or derogation of any other actions or proceedings or remedies otherwise provided by law. (Ord. 18 § 2, 2008, RCC § 5.04.130)
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§ 5.08.010 BUSINESS REGULATIONS § 5.08.020
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CHAPTER 5.08
CABLE, VIDEO AND TELECOMMUNICATIONS SERVICE PROVIDERS
Article I
General Provisions
§ 5.08.010. Title.
This chapter is known and may be cited as the "Cable, Video, and Telecommunications Service Providers Ordinance" of the City of Wildomar.
(Ord. 18 § 2, 2008, RCC § 5.08.010)
§ 5.08.020. Purpose and intent.
A. The City Council finds and determines as follows:
1. The development of cable, video, and telecommunications services and systems may provide significant benefits for, and have substantial impacts upon, the residents of the City.
2. Because of the complex and rapidly changing technology associated with cable, video, and telecommunications services and systems, the public convenience, safety, and general welfare is best served by the City's exercise of its regulatory powers.
3. This chapter adopts provisions that authorize the City to regulate cable, video, and telecommunications service providers to the extent authorized by federal and state law, including, but not limited to, the Federal Cable Communications Policy Act of 1984, the Federal Cable Television Consumer Protection and Competition Act of 1992, the Federal Telecommunications Act of 1996, applicable regulations of the Federal Communications Commission, and applicable California statutes and regulations.
4. The cable, video, and telecommunications services that are addressed in this chapter include services provided by cable television systems, open video systems, master antenna television systems, satellite master antenna television systems, direct broadcast satellite systems, multichannel multipoint distribution systems, local multipoint distribution systems, and other providers of video programming, whatever their technology.
B. The purpose and intent of this chapter is to provide for the attainment of the following objectives:
1. To enable the City to discharge its public trust in a manner consistent with rapidly evolving federal and state regulatory policies, industry competition, and technological development;
2. To authorize and to manage reasonable access to the City's public rights -of-way and public property for cable, video, and telecommunications purposes on a competitively neutral and nondiscriminatory basis, and in a manner consistent with all applicable federal and state statutes and regulations;
3. To obtain fair and reasonable compensation for the City and its residents for 81 City of Wildomar, CA
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authorizing the private use of the public rights-of-way and public property;
4. To promote competition in cable, video, and telecommunications services, minimize unnecessary local regulation of cable, video, and telecommunications service providers, and encourage the delivery of advanced and competitive cable, video, and telecommunications services on the broadest possible basis to local government and to the businesses, institutions, and residents of the City;
5. To establish new guidelines, standards, and time frames for the exercise of local authority with respect to the regulation of cable, video, and telecommunications service providers, which regulation will be implemented in a fair and equitable manner that preserves the rights of existing providers that have served City residents over a period of many years;
6. To encourage the deployment of advanced cable, video, and telecommunications infrastructure that satisfies local needs, delivers enhanced government services, and provides informed consumer choices in an evolving cable, video, and telecommunications marketplace;
7. To maintain and to enhance public, educational, and governmental programming opportunities that will enable the City to communicate with its residents and to provide them with alternate means of disseminating information. (Ord. 18 § 2, 2008, RCC § 5.08.020)
§ 5.08.030. Defined terms and phrases.
Various terms and phrases used in this chapter are defined in Section 5.08.180 of this chapter. (Ord. 18 § 2, 2008, RCC § 5.08.030)
§ 5.08.040. Suspension and waiver of application fee deposits.
A. With regard to any application fee deposit for an initial franchise, or for the renewal of a franchise, or for the transfer or change in control of a franchise that is authorized by this chapter, the City Clerk or designee may suspend or waive that applica tion fee deposit in accordance with this section.
B. The City Clerk or designee, in consultation with the City Attorney, may, upon good cause shown by an applicant or a franchisee, waive or suspend the imposition of an application fee deposit.
(Ord. 18 § 2, 2008, RCC § 5.08.040)
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Article II
Cable Television Systems
§ 5.08.050. Authority and findings.
A. In accordance with applicable federal and state law, the City is authorized to grant nonexclusive franchises to construct, reconstruct, operate, and maintain cable television systems within the City.
B. The City Council finds that the development of cable television and related telecommunications services may provide significant benefits for, and substantial impacts upon, the residents of the City. Because of the complex and rapidly changing technology associated with cable television, the City Council further finds that the public convenience, safety, and general welfare can best be served by the exercise of the City's regulatory powers. This article is intended to specify the means for providing to the p ublic the best possible cable television services, and every franchise issued in accordance with this article is intended to achieve this primary objective. It is the further intent of this article to establish regulatory provisions that will enable the City to regulate cable television services to the maximum extent authorized by federal and state law.
(Ord. 18 § 2, 2008, RCC § 5.08.050)
§ 5.08.060. Franchise terms and conditions.
A. Franchise Purposes. A franchise granted by the City under the provisions of this article may authorize the grantee to do the following:
1. To engage in the business of providing cable television services that are authorized by law and that the grantee elects to provide to its subscribers within the designated franchise service area;
2. To erect, install, construct, repair, rebuild, reconstruct, replace, maintain, and retain, cable lines, related electronic equipment, supporting structures, appurtenances, and other property in connection with the operation of the cable system in, on, over, under, upon, along and across streets and public rights -of-way within the designated franchise service area, in accordance with all applicable ordinances and regulations;
3. To maintain and operate the franchise properties for the origination, reception, transmission, amplification, and distribution of television and radio signals, and for the delivery of cable services that are authorized by law.
B. Franchise Required. It is unlawful for any person to construct, install, or operate a cable television system within any street or public way in the City without first obtaining a franchise under the provisions of this article; provided, however, that any cable operator authorized to provide cable service under a nonexclusive license previously issued pursuant to Riverside County Ordinance 503.10 may continue to exercise that authority until expiration or termination of that nonexclusive license, but nothing will preclude a licensed cable operator from surrendering that nonexclusive license at any time in exchange for a cable television franchise issued in accordance with and subject to this chapter.
C. Term of the Franchise.
1. A franchise granted under this article will be for the term specified in the franchise 83 City of Wildomar, CA
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agreement, not to exceed 15 years, commencing upon the effective date of approval by the City Council.
2. A franchise granted under this article may be renewed upon application by the grantee in accordance with the then -applicable provisions of state and federal law and this article.
D. Franchise Service Area. A franchise is effective within that geographic area of the City in which the grantee is authorized to construct, install, or operate a cable television system, which geographic area is specifically designated in a franchise agreement with the City.
E. Federal or State Jurisdiction. This article will be construed in a manner consistent with all applicable federal and state laws, and it applies to all franchises granted after the effective date of the ordinance codified in this chapter, to the extent authorized by applicable law.
F. Franchise Nontransferable.
1. Grantee may not sell, transfer, lease, assign, sublet, or dispose of, in whole or in part, either by forced or involuntary sale, or by ordinary sale, contract, consolidation, or otherwise, the franchise or any of the rights or privileges therein granted, without the prior written consent of the City Council, which consent may not be unreasonably denied or delayed. Any attempt to sell, transfer, lease, assign, or otherwise dispose of the franchise without the written consent of the City Council is null and void. The granting of a security interest in any assets of the grantee, or any mortgage or other hypothecation, will not be deemed a transfer for the purposes of this subsection.
2. The requirements of subsection (F)(1) of this section apply to any change in control of grantee. The word "control" as used herein is not limited to the ownership of major stockholder or partnership interests, but includes actual working control in whatever manner exercised. If grantee is a partnership or a corporation, prior authorization of the City Council is required where ownership or control of 25% or more of the partnership interests or of the voting stock of grantee, or any company in the tier of companies controlling the grantee, whether directly or indirectly, is acquired by a person or a group of persons acting in concert, none of whom, individually or collectively, owns or controls those partnership interests or that voting stock of the grantee, or grantee's upper tier of controlling companies, as of the effective date of the franchise.
3. Unless precluded by federal law, grantee must give prior written notice to the City of any proposed foreclosure or judicial sale of all or a substantial part of the grantee's franchise property. That notification will be considered by the City as notice that a change in control of ownership of the franchise will take place, and the provisions of this subsection that require the prior written consent of the City Council to that change in control of ownership will apply.
4. For the purpose of determining whether it will consent to an acquisition, transfer, or change in control, the City may inquire about the qualifications of the prospective transferee or controlling party, and grantee must assist the City in that inquiry. In seeking the City' s consent to any change of ownership or control, grantee or the proposed transferee, or both, must complete Federal Communications Commission Form 394 or its equivalent. This application must be submitted to the City not less than 120 days prior to the proposed date of transfer. The transferee must establish that 84 City of Wildomar, CA
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it possesses the legal, financial, and technical capability to remedy all then -existing defaults and deficiencies, and, during the remaining term of the franchise, to operate and maintain the cable system and to comply with all franchise requirements. If the legal, financial, and technical qualifications of the proposed transferee are determined to be satisfactory, then the City will consent to the transfer of the franchise.
5. Any financial institution holding a pledge of grantee's assets to secure the advance of money for the construction or operation of the franchise property has the right to notify the City that it, or a designee satisfactory to the City, will take control of and operate the cable television system upon grantee's default in its financial obligations. Further, that financial institution must also submit a plan for such operation within 90 days after assuming control. The plan must insure continued service and c ompliance with all franchise requirements during the period that the financial institution will exercise control over the system. The financial institution may not exercise control over the system for a period exceeding one year unless authorized by the Ci ty, in its sole discretion, and during that period it will have the right to petition the City to transfer the franchise to another grantee.
6. Unless prohibited by applicable law, grantee must reimburse the City for the City's reasonable review and processing expenses incurred in connection with any transfer or change in control of the franchise. These expenses may include, without limitation, costs of administrative review, financial, legal, and technical evaluation of the proposed transferee, consultants (including technical and legal experts and all costs incurred by these experts), notice and publication costs, and document prepa ration expenses. The total amount of these reimbursable expenses may be subject to maximum limits that are specified in the franchise agreement between the City and grantee. No reimbursement may be offset against any franchise fee payable to the City during the term of the franchise.
G. Geographical Coverage.
1. Unless otherwise provided in the franchise agreement, grantee must design, construct, and maintain the cable television system to have the capability to pass every dwelling unit and commercial building in the franchise service area, subject to any service-area line extension requirements or territorial restrictions set forth in the franchise agreement.
2. After service has been established by activating trunk or distribution cables for any service area, grantee must provide standard installations to any requesting subscriber within that activated part of the service area within seven days from the date of request, or such longer time as may be requested by the subscriber, provided that the grantee is able to secure on reasonable terms and conditions all rights -of-way and permits necessary to extend service to that subscriber within that period. Standard installations are defined as installations that are located up to 150 feet from the existing distribution system and do not require trenching to serve.
H. Nonexclusive Franchise. Every franchise granted is nonexclusive. The City specifically reserves the right to grant, at any time, such additional franchises for a cable television system that it deems appropriate, subject to applicable state and federal law. If an additional franchise within a designated franchise service area that is then served by an incumbent cable operator is proposed to be granted to a subsequent grantee, a noticed public hearing 85 Downloaded from https://ecode360.com/WI5035 on 2025-12-02
City of Wildomar, CA
§ 5.08.060 BUSINESS REGULATIONS § 5.08.070
must first be held if required by the provisions of Government Code Section 53066.3.
I. Multiple Franchises.
1. The City may grant any number of franchises, subject to applicable state and federal law. The City may limit the number of franchises granted, based upon, but not necessarily limited to, the requirements of applicable law and the following specific local considerations:
a. The capacity of the public rights -of-way to accommodate multiple cables in addition to the cables, conduits, and pipes of the existing utility systems, such as electrical power, telephone, gas, and sewerage;
b. The benefits that may accrue to subscribers as a result of cable system competition, such as lower rates and improved service;
c. The disadvantages that may result from cable system competition, such as the requirement for multiple pedestals on residents' property, and the disruption arising from numerous excavations within the public rights-of-way.
2. The City may require that any new grantee be responsible for its own underground trenching and the associated costs if, in the City's opinion, the rights -of-way in any particular area cannot reasonably accommodate additional cables. (Ord. 18 § 2, 2008, RCC § 5.08.060)
§ 5.08.070. Franchise applications and renewal.
A. Filing of Applications. Any person desiring an initial franchise for a cable television system must file an application with the City. An application fee deposit in an amount of $15,000.00 must accompany the application. That application fee deposit will be in an amount that is estimated to cover all anticipated costs associated with reviewing and processing the application, including without limitation costs of administrative rev iew, financial, legal, and technical evaluation of the applicant, consultants (including technical and legal experts and all costs reasonably incurred by those experts), notice and publication requirements, and document preparation expenses. If actual costs exceed the application fee deposit, the applicant must pay the difference to the City within 30 days following receipt of an itemized statement of those costs. If actual costs are less than the application fee deposit, the remaining balance will be refunded to the applicant.
B. Applications—Contents. An application for an initial franchise for a cable television system must contain, as applicable:
1. A detailed plan that describes the proposed franchise service area and an explanation whether this proposed service area is, or will be, part of a larger regional cluster of franchise service areas;
2. A resume of the applicant's prior history, including the applicant's experience and expertise in the cable television industry;
3. A list of the partners, general and limited, of the applicant, if a partnership, or the percentage of stock owned or controlled by each stockholder, if a closely held corporation. If the applicant is a publicly owned partnership or corporation, each owner of 10% or more of the partnership interests, or of the issued and outstanding 86 Downloaded from https://ecode360.com/WI5035 on 2025-12-02
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capital stock, must be identified. If the applicant is a limited liability company, the following information must be provided: the address of its principal executive office; the name and business or residence address of each member and of each holder of an economic interest in the limited liability company, together with the contribution and the share in profits and losses of each member and holder of an economic interest; the name and business or residence address of any manager or managers and the chief executive officer, if any, appointed or elected in accordance with the articles of organization or operating agreement;
4. A list of officers, directors, and managing employees of the applicant, and a description of the background and qualifications of each such person;
5. A statement specifying the number of people employed by the applicant, whether on a full-time or part-time basis;
6. The names and addresses of any parent or subsidiary of the applicant, or any other business entity owning or controlling applicant in whole or in part, or that is owned or controlled in whole or in part by the applicant;
7. Financial statements prepared in accordance with generally accepted accounting principles that demonstrate the applicant's financial ability to:
a. Construct, operate, maintain and remove any new physical plant that is proposed to be constructed in the City,
b. Comply with the City's public, educational, and governmental access requirements,
c. Comply with the City's requirement that franchise fees be paid on the applicant's gross revenues derived from the operation of the cable system to provide cable services;
8. An accurate map showing the location of any existing telecommunications facilities in the City that the applicant intends to use, to purchase, or to lease;
9. A description of the cable services and any other services that will be offered by the applicant using existing or proposed facilities;
10. The proposed construction and service schedule, the proposed rate structure for cable services, and the proposed commitment to provide public, educational, and governmental access capacity, services, facilities, and equipment;
11. Any additional information that the City deems to be reasonably necessary to evaluate the applicant's qualifications.
C. Franchise Approval. A public hearing will be noticed prior to any initial franchise grant, at a time and date approved by the City Council. Within 30 days after the close of the hearing, the City Council will make a decision, based upon the documents and testimony received at the hearing, whether the franchise should be granted, and, if granted, subject to what conditions. The City Council may grant one or more franchises, or may decline to grant any franchise.
D. Franchise Renewal. Franchise renewals will be processed in accordance with then- 87 Downloaded from https://ecode360.com/WI5035 on 2025-12-02
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applicable law and with the renewal terms, if any, of the franchise agreement. The City and grantee, by mutual consent, may enter into renewal negotiations at any time during the term of the franchise. Unless prohibited by applicable law, a renewal application fee deposit in an amount of $10,000.00 must accompany the renewal application or the renewal request.
That renewal application fee deposit will be in an amount that is estimated to cover all anticipated costs associated with reviewing and processing t he renewal application, including the review of grantee's prior compliance with the franchise, the ascertainment of the community's cable -related needs and interests, the engagement of technical and legal consultants, and expenses related to negotiations and document preparation. If actual costs exceed the renewal application fee deposit, grantee must pay the difference to the City within 30 days following receipt of an itemized statement of those costs. If actual costs are less than the renewal application fee deposit, the remaining balance will be refunded to grantee. No renewal application fee may be offset against any franchise fee payable to the City during the term of the franchise. The renewal of a cable television franchise agreement is subject to approval by the City Council.
(Ord. 18 § 2, 2008, RCC § 5.08.070)
§ 5.08.080. Contents of cable television franchise agreements.
A. The provisions of a franchise agreement for the operation of a cable television system may relate to or include, without limitation, the following subject matters:
1. The geographical area, duration, and nonexclusive nature of the franchise;
2. The applicable franchise fee to be paid to the City, including the percentage amount, the method of computation, and the time for payment;
3. Requirements relating to compliance with and implementation of state and federal laws and regulations pertaining to the operation of the cable television system;
4. Requirements relating to the construction, upgrade, or rebuild of the cable television system, as well as the provision of special services, such as outlets for public buildings, emergency alert capability, and parental control devices;
5. Requirements relating to the maintenance of a performance bond, a security fund, a letter of credit, or similar assurances to secure the performance of grantee's obligations under the franchise agreement;
6. Requirements relating to comprehensive liability insurance, workers' compensation insurance, and indemnification;
7. Requirements relating to consumer protection and customer service standards, which requirements may include, without limitation, compliance with the statutes, rules and regulations set forth below in Section 5.08.100 of this chapter;
8. Requirements relating to the grantee's support of local cable usage, including the provision of public, educational, and governmental access channels, the coverage of public meetings and special events, and financial support for the required access channel facilities and activities that is consistent with Section 5.08.090 of this chapter;
9. Requirements relating to the grantee's obligation to provide an institutional network, and channel capacity on that institutional network for educational or governmental 88 City of Wildomar, CA
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use, subject to the City's rules and procedures for the use of such channel capacity and for compatibility with any telecommunications network that has been or may be developed by the City;
10. Requirements relating to construction, operation, and maintenance of the cable television system within the City's streets and public rights -of-way, including compliance with all applicable building codes and permit requirements of the City, the abandonment, removal, or relocation of facilities, and compliance with FCC technical standards;
11. Requirements relating to recordkeeping, accounting procedures, reporting, periodic audits, performance reviews, the inspection of grantee's books and records, and reimbursement for technical audits and franchise fee audits under specified circumstances;
12. Acts or omissions constituting material breaches of or defaults under the franchise agreement, and the applicable penalties or remedies for such breaches or defaults, including fines, penalties, liquidated damages, suspension, revocation, and termination;
13. Requirements relating to the sale, assignment, or other transfer or change in control of the franchise;
14. Grantee's obligation to maintain continuity of service and to authorize, under certain specified circumstances, the City's operation and management of the cable system;
15. Such additional requirements, conditions, policies, and procedures as may be mutually agreed upon by the parties to the franchise agreement and that will, in the judgment of City staff and the City Council, best serve the public interest and protect the public health, welfare, and safety.
B. If there is any conflict or inconsistency between the provisions of a franchise agreement authorized by the City Council and provisions of this article, the provisions of the franchise agreement will control.
(Ord. 18 § 2, 2008, RCC § 5.08.080)
§ 5.08.090. Fee for support of local cable usage.
A fee paid to the City is established for the support of public, educational, and governmental access facilities and activities within the City. Unless a higher percentage is authorized by applicable state or federal law, this fee shall not exceed one percent of a grantee's gross revenues, as the term "gross revenues" is defined in the grantee's franchise agreement or in applicable provisions of state or federal law.
(Ord. 18 § 2, 2008, RCC § 5.08.090)
§ 5.08.100. Consumer protection and service standards.
A. Operational Standards.
1. Grantee must maintain the necessary facilities, equipment, and personnel to comply with the following consumer protection and service standards under normal operating conditions:
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a. Sufficient toll -free telephone line capacity during normal business hours to ensure that telephone calls are answered promptly. Telephone answer time by a customer service representative, including wait time, may not exceed 30 seconds when the connection is made. If the call needs to be transferred, transfer time must not exceed 30 seconds;
b. A caller must receive a busy signal less than three percent of the time, measured quarterly;
c. Emergency toll -free telephone line capacity on a 24 -hour basis, including weekends and holidays. After normal business hours, the telephone calls may be answered by a service or an automated response system, including an answering machine. Calls received after normal business hours must be responded to by a trained company representative on the next business day; d. A conveniently located local business and service or payment office open during normal business hours at least eight hours daily on weekdays, and at least four hours weekly on evenings or weekends, and adequately staffed with trained customer service representatives to accept subscriber payments and to respond to service requests, inquiries, and complaints;
e. An emergency system maintenance and repair staff, capable of responding to and repairing major system malfunctions on a 24-hour per day basis; f. A trained installation staff must provide service to any subscriber requiring a standard installation within seven days after receipt of a request, or such longer time as may be requested by the subscriber, in all areas where trunk and feeder cable have been activated;
g. Grantee must schedule, within a specified four -hour time period, Monday through Saturday (legal holidays excluded), all appointments with subscribers for installation of service, service calls, and other activities at the subscriber's location. Grantee may schedule installation and service calls outside of normal business hours for the convenience of the subscriber. Grantee may not cancel an appointment with a subscriber after the close of business on the business day prior to the scheduled appointment. If a grantee representative is delayed in keeping an appointment with a subscriber and will not be able to honor the scheduled appointment, the subscriber must be contacted prior to the time of the scheduled appointment, and the appointment must be rescheduled, as necessary, at a time that is convenient for the subscriber. Grantee must undertake appropriate quality control measures to ensure that the customer is satisfied with the work;
h. Subscribers who have experienced a late or a missed appointment due to the fault of grantee will receive either a free installation or a $20.00 credit; i. Upon a subscriber's request, grantee will arrange for pickup or replacement of converters or other equipment provided by the grantee at the subscriber's address within 14 days after the request is made if the subscriber is mobility-limited.
2. Under normal operating conditions, the standards of subsections (A)(1)(a), (c), (f) and (g) of this section must be met not less than 90% of the time, measured on a quarterly 90 City of Wildomar, CA
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basis.
B. Service Standards.
1. Grantee will render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Except in emergency situations, scheduled interruptions will occur during a period of minimum use of the cable system, preferably between midnight and 6:00 a.m. Unless the scheduled interruption lasts for no more than two hours and occurs between midnight and 6:00 a.m. (in which event 24 -hour prior notice must be given to the City), 48 -hour prior notice must be given to subscribers.
2. Grantee will maintain a repair force of technicians who will respond to subscriber requests for service within the following time frames:
a. For a system outage: Within two hours, including weekends, after receiving subscriber calls or requests for service that by number identify a system outage of sound or picture on one or more channels, affecting five or more subscribers to the system;
b. For an isolated outage: Within 24 hours, including weekends, after receiving requests for service identifying an isolated outage of sound or picture on one or more channels;
c. For inferior signal quality: No later than the following business day, excluding Sundays and holidays, after a request for service identifying a problem concerning picture or sound quality.
3. Grantee will be deemed to have responded to a request for service under the provisions of this subsection B when a technician arrives at the service location and begins work on the problem if the problem cannot be corrected remotely. If a subscriber is not home when the technician arrives, the technician must leave written notification of arrival.
4. Grantee may not charge for the repair or replacement of defective or malfunctioning equipment provided by grantee to subscribers, unless the defect or malfunction was caused by the subscriber.
5. Grantee must determine the nature of the problem within 24 hours after commencing work and resolve all cable system related problems within three business days, unless technically infeasible.
C. Billing and Information Standards.
1. Subscriber bills must be clear, concise, and understandable. Bills must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills also must clearly delineate all activity during the billing period, including optional charges, rebates, and credits.
2. The first billing to a subscriber after a new installation or service change must be prorated based upon when the new or changed service commenced. Subscribers must not be charged a late fee or otherwise penalized for any failure attributable to grantee, including the failure to timely or correctly bill the subscriber. 91 City of Wildomar, CA
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3. In case of a billing dispute, grantee must respond in writing to a written complaint from a subscriber within 30 days after receiving the complaint at the office specified on the billing statement for receiving that complaint.
4. Upon request by a subscriber, credits or refunds must be provided by grantee to subscribers who experience an outage, interruption, or disconnection of service of four or more consecutive hours, provided that such loss of service is neither caused by the subscriber nor attributable to scheduled repairs, maintenance, or construction in circumstances where grantee has provided advance written notice to subscriber, and the loss of service does not exceed the time period specified by grantee. For subscribers terminating service, credits or refunds must be issued promptly, but no later than 30 days after the return of any grantee-supplied equipment.
5. Grantee must provide written information on each of the following matters at the time of the installation of service, at least annually to all subscribers, and at any time upon request:
a. Products and services offered;
b. Prices and options for programming services and conditions of subscription to programming and other services;
c. Installation and service maintenance policies;
d. Instructions on the use of the cable service;
e. Channel positions of programming carried on the system; f. Billing and complaint procedures, including the address and telephone number of the City's office designated for dealing with cable-related issues; g. Consumer protection and service standards and penalties for noncompliance.
6. Subscribers must be notified in writing of any changes in rates, programming services, or channel positions as soon as possible. Notice must be given to subscribers a minimum of 30 days in advance of those changes if the change is within grantee's control. In addition, grantee will endeavor to notify the City of those changes at least five working days before subscribers are notified.
7. Grantee must maintain a public file containing all written notices provided to subscribers under these consumer protection and service standards and all published promotional offers made by grantee to subscribers. These documents must be maintained for a minimum period of two years.
D. Verification of Compliance with Standards.
1. Upon 30 days' prior written notice by the City, grantee shall provide a written report demonstrating its compliance with any of the consumer service standards specified in this section. Grantee must provide sufficient documentation to enable the City to verify compliance.
2. A repeated and verifiable pattern of noncompliance with the consumer protection and service standards of this section, after grantee's receipt of written notice and an opportunity to cure, may be deemed a material breach of the franchise agreement. 92 City of Wildomar, CA
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E. Subscriber Complaints and Disputes.
1. Grantee must establish written procedures for receiving, acting upon, and resolving subscriber complaints without intervention by the City. The written procedures must prescribe the manner in which a subscriber may submit a complaint, either orally or in writing, specifying the subscriber's grounds for dissatisfaction. Grantee must file a copy of these procedures with the City. These procedures must include a requirement consistent with subsection (C)(3) of this section.
2. Upon request, and subject to applicable law protecting subscriber privacy rights, the City has the right to review grantee's response to subscriber complaints.
3. All subscribers have the right to continue receiving service so long as their financial and other obligations to grantee are honored. If grantee elects to rebuild, modify, or sell the system, or if the City gives notice of intent to terminate or not to ren ew the franchise, grantee must act to ensure that all subscribers receive service while the franchise remains in force.
4. Upon a change of control of grantee, or if a new operator acquires the cable system, the original grantee must cooperate with the City, the new grantee, or the new operator in maintaining continuity of service to all subscribers. During that transition period, grantee is entitled to the revenues derived from its operation of the cable system.
F. Disconnection and Downgrades.
1. A subscriber may terminate or downgrade service at any time, and grantee must promptly comply with the subscriber's request within seven days or at any later time requested by the subscriber. No period of notice prior to voluntary termination or downgrade of service may be required of subscribers. Grantee will impose no charges for the voluntary termination of all services unless a visit to the subscriber's premises is required to remove a converter box or other equipment or property owned by grantee. Grantee may, in accordance with applicable law, charge a fee to downgrade service if a service call is required.
2. Grantee may disconnect a subscriber's service in compliance with paragraphs (i), (j), and (k) of Section 53088.2 of the California Government Code. If service is disconnected for nonpayment of past due fees or charges, grantee must promptly reinstate service upon payment in full by the subscriber of all such fees and charges, including late charges.
3. Notwithstanding the requirements of subsection (F)(2) of this section, grantee may immediately disconnect service to a subscriber if the subscriber is damaging or destroying grantee's cable system or equipment.
4. Grantee may also disconnect service to a subscriber when service causes signal leakage exceeding federal limits. If service is disconnected, grantee will immediately resume service without charge upon the satisfactory correction of the signal leakage problem if the signal leakage problem is attributable to grantee.
5. Grantee may also disconnect service in cases where customers are stealing service or have threatened grantee's personnel with physical violence. 93 City of Wildomar, CA
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6. Upon termination of service to a subscriber, the grantee will endeavor to remove its equipment from the subscriber's premises within 30 days.
G. Negative Option Billing Prohibited. No charge may be imposed for any service or equipment that the subscriber has not affirmatively selected. Payment of the regular monthly bill will not by itself constitute an affirmative selection.
H. Deposits. Grantee may require a reasonable, nondiscriminatory deposit on equipment provided to subscribers. Such deposits must be placed in an interest -bearing account. The deposit must be returned, with interest earned to the date of repayment, within 30 days after the equipment is returned to grantee.
I. Parental Control Option. Grantee must provide parental control devices at no charge to all subscribers who desire to block the video or audio portion of any pay channels providing adult programming that the subscriber finds objectionable. For other program ming, such devices will be provided at a reasonable charge to the subscriber.
J. Additional Requirements.
1. All officers, agents, and employees of grantee, or of its contractors or subcontractors, who, in the normal course of work come into contact with members of the public, or who require entry onto subscribers' premises, must display a photo-identification card.
Grantee must account for all identification cards at all times. All vehicles of grantee or its subcontractors must be clearly identified as v ehicles engaged in providing services for grantee.
2. In addition to the consumer protection and service standards specified in this section, grantee must comply with all applicable consumer protection and service standards that are imposed upon cable operators by the following:
a. Federal statutes, and the rules, regulations, and orders of the Federal Communications Commission, including the following:
i. The provisions of Section 76.630 of Title 47 of the Code of Federal Regulations, as it now exists or may later be amended, which relate to compatibility with consumer electronics equipment,
ii. The provisions of Section 551 of Title 47, United States Code, as it now exists or may later be amended, which relate to the protection of subscriber privacy;
b. The provisions of California Government Code Sections 53054, et seq., titled the "Cable Television and Video Provider Customer Service and Information Act"; c. The provisions of California Government Code Sections 53088, et seq., titled the "Video Customer Service Act";
d. The provisions of California Civil Code Sections 1722(b)(1) through( 6), which relate to service or repair transactions between cable television companies and their subscribers;
e. The provisions of California Penal Code Section 637.5, which relate to 94 City of Wildomar, CA
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subscribers' rights to privacy protection.
3. If there is any conflict or inconsistency between a consumer protection and service standard specified in this section, and a standard set forth in the statutes, rules, regulations, and orders that are referenced in subsection (J)(2) of this section, then the standard that is specified in this section will apply to the extent authorized by applicable law.
K. Penalties for Noncompliance.
1. Purpose. The purpose of this subsection is to authorize monetary penalties for the violation of the customer service standards established by this section in a manner consistent with the Video Customer Service Act (Government Code Sections 53088 et seq.) and pursuant to the City's inherent police powers. The imposition of penalties authorized by this subsection will not prevent the City or any other affected party from exercising any other remedy to the extent permitted by law.
2. Administration and Appeals.
a. The City Clerk or designee is authorized to administer this subsection. Decisions by the City Clerk or designee to assess monetary penalties against grantee must be in writing and must contain findings supporting the decisions. Decisions by the City Clerk are final, unless appealed to the City Council. b. If grantee or any interested person is aggrieved by a decision of the City Clerk or designee, the aggrieved party may, within 10 days of the written decision, appeal that decision in writing to the City Council. The appeal letter must be accompanied by the fee amount of $250.00 for processing the appeal. The City Council may affirm, modify, or reverse the decision of the City Clerk or designee.
c. Schedule of Penalties. The following schedule of monetary penalties may be assessed against the grantee for the material breach of the provisions of the customer service standards set forth in this section, provided that the breach is within grantee's reasonable control:
i. For a first material breach, the maximum penalty is $200.00 for each day of material breach, but not to exceed a cumulative total of $600.00 for each occurrence of the material breach.
ii. For a second material breach of the same nature within a 12-month period for which the City has provided notice and a penalty has been assessed, the maximum penalty is $400.00 for each day of the material breach, but not to exceed a cumulative total of $1,200.00 for each occurrence of the material breach.
iii. For a third or further material breach of the same nature within a 12-month period for which the City has provided notice and a penalty has been assessed, the maximum penalty is $1,000.00 for each day of the material breach, but not to exceed a cumulative total of $3,000.00 for each occurrence of the material breach.
iv. The maximum penalties referenced in this section may be increased by any 95 City of Wildomar, CA
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additional amount authorized by state law.
d. Judicial Remedy. This subsection does not preclude any affected party from pursuing any judicial remedy available to that party without regard to this subsection.
e. Notification of Breach. The City must give grantee written notice of any alleged breach of the consumer service standards and allow the grantee at least 30 days, or such longer time as may be reasonably necessary to cure, from receipt of the notice to remedy the specified breach. For the purpose of assessing penalties, a material breach is deemed to have occurred for each day, following the expiration of the period for cure specified herein, that any breach has not been remedied by grantee, irrespective of the number of subscribers affected. f. Limitations. With respect to any grantee that operates under a franchise or license agreement with the City, any monetary penalties assessed under this subsection must be reduced dollar for dollar to the extent that any liquidated damage or penalty provisi on of the franchise or license agreement imposes a monetary obligation on grantee for the same customer service failure, and no other monetary damages may be assessed for that customer service failure. g. Applicability of Section. This section will apply to all video providers that are providing cable service under nonexclusive licenses issued by the City prior to the effective date of the ordinance codified in this chapter. To the extent that any consumer protection and service standard referenced in a previously issued nonexclusive license is inconsistent or in conflict with any provision of this section, such standard in the nonexclusive license is repealed and superseded. (Ord. 18 § 2, 2008, RCC § 5.08.100)
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Article III
Open Video Systems
§ 5.08.110. Applicability.
The provisions of this article apply to an open video system operator, as defined in Section
5.08.180 of this chapter, that intends to deliver video programming to consumers in the City over an open video system.
(Ord. 18 § 2, 2008, RCC § 5.08.110)
§ 5.08.120. Application required.
A. Before commencing the delivery of video programming services to consumers in the City over an open video system, the open video system operator must file an application with the City. That application must include or be accompanied by the following, as applicable:
1. The identity of the applicant, including all affiliates of the applicant;
2. Copies of FCC Form 1275, all "Notices of Intent" filed under 47 CFR 76.1503(b)(l), and the Order of the FCC, all of which relate to certification of the applicant to operate an open video system in the City in accordance with Section 653(a)(1) of the Communications Act and the FCC's rules;
3. The area or areas of the City that the applicant desires to serve;
4. A description of the open video system services that will be offered by the applicant over its existing or proposed facilities;
5. A description of the transmission medium that will be used by the applicant to deliver the open video system services;
6. Information in sufficient detail to establish the applicant's technical qualifications, experience, and expertise regarding the ownership and operation of the open video system described in the application;
7. Financial statements prepared in accordance with generally accepted accounting principles that demonstrate the applicant's financial ability to:
a. Construct, operate, maintain and remove any new physical plant that is proposed to be constructed in the City,
b. Comply with the City's public, educational, and governmental access requirements as specified in Section 5.08.140(B)(4) of this chapter, c. Comply with the City's requirement that gross revenue fees be paid in the maximum amount authorized under federal law, as specified in Section
5.08.140(B)(2) of this chapter;
8. An accurate map showing the location of any existing telecommunications facilities in the City that the applicant intends to use, to purchase, or to lease;
9. If the applicant's operation of the open video system will require the construction of new physical plant and facilities in the City, the following additional information must be provided:
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a. A construction schedule and completion dates,
b. Engineering plans, specifications, and a network map of any new facilities to be constructed in the City, in sufficient detail to identify:
i. The location and route requested for the applicant's proposed facilities, ii. The locations, if any, for interconnection with the facilities of other telecommunications service providers,
iii. The specific structures, improvements, facilities, and obstructions, if any, that the applicant proposes to add, remove, or relocate on a temporary or permanent basis,
c. The applicant's statement that, in constructing any new physical plant, the applicant will comply with all applicable ordinances, rules, and regulations of the City, including the payment of all required permit and processing fees;
10. The information and documentation that is required to be submitted to the City by a video provider, as specified in Section 5.08.160(B) of this chapter;
11. Such additional information as may be requested by the City;
12. An application fee deposit in an amount of $15,000.00 must accompany the application. That application fee deposit will be in an amount that is estimated to cover all anticipated costs associated with reviewing and processing the application, including wit hout limitation costs of administrative review, financial, legal, and technical evaluation of the applicant, consultants (including technical and legal experts and all costs reasonably incurred by those experts), notice and publication requirements, and do cument preparation expenses. If actual costs exceed the application fee deposit, the applicant must pay the difference to the City within 30 days following receipt of an itemized statement of those costs. If actual costs are less than the application fee deposit, the remaining balance will be refunded to the applicant.
B. If any item of information specified in subsection A of this section is determined under federal or state law to be unlawful, the City Clerk or designee is authorized to waive the requirement that such information be included in the application. (Ord. 18 § 2, 2008, RCC § 5.08.120)
§ 5.08.130. Review of the application.
Within 30 days after receipt of an application filed under Section 5.08.120 of this chapter that is deemed to be complete, the City Clerk or designee will give written notice to the applicant of the City's intent to negotiate an agreement setting forth the terms and conditions under which the operation of the proposed open video system will be authorized by the City. The commencement of those negotiations will be on a date that is mutually acceptable to the City and to the applicant. (Ord. 18 § 2, 2008, RCC § 5.08.130)
§ 5.08.140. Agreement required.
A. No video programming services may be provided in the City by an open video system operator unless the operator and the City have executed a written agreement, which may be 98 City of Wildomar, CA
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designated as a franchise, setting forth the terms and conditions under which the operation of the proposed open video system will be authorized by the City. That agreement must be authorized and approved by the City Council.
B. The agreement between the City and the open video system operator may contain provisions that relate to the following subject matters, to the extent that such provisions and subject matters are not preempted by federal law or regulations:
1. The nature, scope, and duration of the agreement, including provisions for its renewal or extension;
2. The obligation of the open video system operator to pay to the City, at specified times and in lieu of the franchise fees permitted under Section 622 of the Communications Act, fees on the gross revenue received by the operator, as authorized by 47 CFR
76.1511, in accordance with the following standards and procedures:
a. The amount of the fees on the gross revenue will be the maximum amount authorized by Section 653(c)(2)(B) of the Communications Act, which is the rate imposed by the City on existing cable operators,
b. The term "gross revenue" means (i) all gross revenue received by an open video system operator or its affiliates, including all revenue received from subscribers and all carriage revenue received from unaffiliated video programming providers; and (ii) all advertising revenue received by the operator or its affiliates in connection with the provision of video programming, where such revenue is included in the calculation of cable franchise fees paid to the City by incumbent cable operators. The term "gross revenue" does not include revenue, such as subscriber or advertising revenue, collected by unaffiliated video programming providers;
3. The obligation of the open video system operator to comply with requirements relating to information collection and recordkeeping, accounting procedures, reporting, periodic audits, and inspection of records in order to ensure the accuracy of the fees on gross revenue that are required to be paid as specified in subsection (B)(2) of this section;
4. The obligation of the open video system operator to meet the City's requirements with respect to public, educational, and governmental access channel capacity, services, facilities, and equipment, as provided for in 47 CFR 76.1505. In this regard, the following standards and procedures are applicable:
a. The open video system operator is subject to the same public, educational, and governmental access requirements that apply within the cable television franchise service area with which its system overlaps.
b. The open video system operator must ensure that all subscribers receive all public, educational, and governmental access channels that are provided by an incumbent cable operator within the designated franchise service area. c. The open video system operator may negotiate with the City to establish the operator's obligations within the designated franchise service area with respect to public, educational, and governmental access channel capacity, services, 99 City of Wildomar, CA
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facilities, and equipment. These negotiations may include the City's franchised cable operator within the designated franchise service area if the City, the open video system operator, and the franchised cable operator so desire. d. If the open video system operator and the City are unable to reach an agreement regarding the operator's obligations with respect to public, educational, and governmental access channel capacity, services, facilities, and equipment within the designated franchise service area, then the following obligations will be imposed:
i. The open video system operator must satisfy the same public, educational, and governmental access obligations as the City's franchised cable operator within the designated franchise service area by providing the same amount of channel capacity for public, educational, and governmental access and by matching the City 's franchised cable operator's annual financial contributions in support of public, educational, and governmental access services, facilities, and equipment that are actually used by the City. For in-kind contributions, such as cameras or production studio s, the open video system operator may satisfy its statutory obligation by negotiating mutually agreeable terms with the City's franchised cable operator, so that public, educational, and governmental access services to the City are improved or increased. If such terms cannot be agreed upon, the open video system operator must pay to the City the monetary equivalent of the franchised cable operator's depreciated in-kind contribution, or, in the case of facilities, the annual amortization value. Any matching co ntributions provided by the open video system operator must be used to fund activities arising under Section 611 of the Communications Act.
ii. The City will impose upon the open video system operator within the designated franchise service area the same rules and procedures that it imposes upon the franchised cable operator with regard to the open video system operator's use of channel capacity d esignated for public, educational, and governmental access use when that capacity is not being used for such purposes.
e. The City's franchised cable operator within the designated franchise service area is required under federal law to permit the open video system operator to connect with its public, educational, and governmental access channel feeds. The open video system operator and the franchised cable operator may decide how to accomplish this connection, taking into consideration the physical and technical characteristics of the cable and the open video systems involved. If the franchised cable operator and the open video system operator cannot agree on how to accomplish the connection, the City has the right to decide. The City may require that the connection occur on City-owned property or on public rights-of-way. f. All costs of connection to the franchised cable operator's public, educational, and governmental access channel feed must be borne by the open video system operator. These costs will be counted towards the open video system operator's matching financial contributions set forth in subsection (B)(4)(d)(i) of this 100
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section.
g. The City will not impose upon the open video system operator any public, educational, or governmental access obligations that are greater than those imposed upon the incumbent franchised cable operator.
h. If there is no incumbent franchised cable operator within the designated franchise service area, the provisions of 47 CFR 76.1505(d)(6) will be applicable in determining the obligations of the open video system operator. i. The open video system operator must adjust its system to comply with new public, educational, and access obligations imposed on the City's incumbent franchised cable operator within a designated franchise service area following a renewal of the cable television franchise; provided, however, that the open video system operator will not be required to displace other programmers using its open video system to accommodate public, educational, and governmental access channels. The open video system operator must comply with such new public, educational, and gov ernmental access obligations whenever additional capacity is or becomes available, whether it is due to increased channel capacity or to decreased demand for channel capacity;
5. If the City and the open video system operator cannot agree on the application of the FCC's rules regarding the open video system operator's obligations to provide public, educational, and governmental access under the provisions of subsection (B)(4) of this section, then either party may file a complaint with the FCC in accordance with the dispute resolution procedures set forth in 47 CFR 76.1514. No agreement will be executed by the City until the dispute has been finally resolved;
6. If the open video system operator intends to maintain an institutional network, as defined in Section 611(f) of the Communications Act, the City will require that educational and governmental access channels be designated on that institutional network to t he same extent that those channels are designated on the institutional network of the City's franchised cable operator within the designated franchise service area;
7. The authority of an open video system operator to exercise editorial control over any public, educational, or governmental use of channel capacity will be restricted in accordance with the provisions of 47 CFR 76.1505(f);
8. The obligation of the open video system operator to comply with all applicable federal, state, and local statutes, ordinances, and regulations relating to customer service standards, including those specified in Section 5.08.100 of this chapter;
9. If new physical plant is proposed to be constructed within the City, the obligation of the open video system operator to comply with the following rights -of-way use and management responsibilities that are also imposed by the City upon other cable television and telecommunications service providers in a nondiscriminatory and competitively neutral manner:
a. Compliance with all applicable City codes, including applications for excavation, encroachment, and construction permits and the payment of all required permit and inspection fees,
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b. The coordination of construction activities,
c. Compliance with established standards and procedures for constructing lines across private property,
d. Compliance with all applicable insurance and indemnification requirements, e. The repair and resurfacing of construction-damaged streets, f. Compliance with all public safety requirements that are applicable to cable television and telecommunications service providers using public property or public rights-of-way;
10. Acts or omissions constituting breaches or defaults of the agreement, and the applicable penalties, liquidated damages, and other remedies, including fines or the suspension, revocation, or termination of the agreement;
11. Requirements relating to the sale, assignment, or transfer of the open video system;
12. Requirements relating to the open video system operator's compliance with and implementation of state and federal laws, rules, and regulations pertaining to the operation of the open video system;
13. Such additional requirements, conditions, terms, policies, and procedures as may be mutually agreed upon by the City and the open video system operator and that will, in the judgment of the City Council, best serve the public interest and protect the public health, welfare, and safety.
(Ord. 18 § 2, 2008, RCC § 5.08.140)
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Article IV
Other Video and Telecommunications Services and Systems
§ 5.08.150. Other multichannel video programming distributors.
The term "cable system," as defined in federal law and as set forth in Section 5.08.180 of this chapter, does not include a facility that serves subscribers without using any public rights -of- way. Consequently, the categories of multichannel video programming identified below are not deemed to be "cable systems" and are therefore exempt from the City's franchise requirements and from certain other local regulatory provisions authorized by federal law, provided that their distribution or transmission facilities do not involve the use of the City's public rights-of-way.
A. Multichannel multipoint distribution service ("MMDS"), also known as "wireless cable," which typically involves the transmission by an FCC -licensed operator of numerous broadcast stations from a central location using line-of-sight technology; B. Local multipoint distribution service ("LMDS"), another form of over-the-air wireless video service for which licenses are auctioned by the FCC, and which offers video programming, telephony, and data networking services;
C. Direct broadcast satellite ("DBS"), also referred to as "direct -to-home satellite services," which involves the distribution or broadcasting of programming or services by satellite directly to the subscriber's premises without the use of ground receiving o r distribution equipment, except at the subscriber's premises or in the uplink process to the satellite. Local regulation of direct-to-home satellite services is further proscribed by the following federal statutory provisions:
1. 47 U.S.C. Section 303(v) confers upon the FCC exclusive jurisdiction to regulate the provision of direct-to-home satellite services,
2. Section 602 of the Telecommunications Act of 1996 states that a provider of direct - to-home satellite service is exempt from the collection or remittance, or both, of any tax or fee imposed by any local taxing jurisdiction on direct-to-home satellite service.
The terms "tax" and "fee" are defined by federal statute to mean any local sales tax, local use tax, local intangible tax, local income tax, business license tax, utility tax, privilege tax, gross receipts tax, excise tax, franchise fees, local te lecommunications tax, or any other tax, license, or fee that is imposed for the privilege of doing business, regulating, or raising revenue for a local taxing jurisdiction. (Ord. 18 § 2, 2008, RCC § 5.08.150)
§ 5.08.160. Video providers—Registration—Customer service standards.
A. Unless the customer protection and customer service obligations of a video provider, as that term is defined in Section 5.08.180 of this chapter, are specified in a franchise, license, lease, or similar written agreement with the City, a video provider must comply with all applicable provisions of the following state statutes:
1. The Cable Television and Video Customer Service and Information Act (Government Code Sections 53054, et seq.);
2. The Video Customer Service Act (Government Code Sections 53088, et seq.). 103
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B. All video providers that are operating in the City on the effective date of the ordinance codified in this chapter, or that intend to operate in the City after its effective date, must register with the City; provided, however, that this registration requirement is not applicable to any video provider that has executed a franchise, license, lease or similar written agreement with the City. The registration form must include or be accompanied by the following:
1. The video provider's name, address, and local telephone numbers;
2. The names of the officers of the video provider;
3. A copy of the video provider's written policies and procedures relating to customer service standards and the handling of customer complaints, as required by Government Code Sections 53054, et seq. These customer service standards must include, without limitation, standards regarding the following:
a. Installation, disconnection, service and repair obligations, employee identification, and service call response time and scheduling; b. Customer service telephone and office hours;
c. Procedures for billing, charges, refunds, and credits; d. Procedures for termination of service;
e. Notice of the deletion of a programming service, the changing of channel assignments, or an increase in rates;
f. Complaint procedures and procedures for bill dispute resolution; g. The video provider's written acknowledgment of its obligation under Government Code Section 53055.1 to provide to new customers a notice describing the customer service standards specified in subsections (B)(3)(a) through (f) of this section at the time of installation or when service is initiated.
The notice must also include, in addition to all of the information described in subsections (B)(3)(a) through (f) of this section, all of the following:
i. A listing of the services offered by the video provider that clearly describes all levels of service and the rates for each level of service, ii. The telephone number or numbers through which customers may subscribe to, change, or terminate service, request customer service, or seek general or billing information,
iii. A description of the rights and remedies that the video provider may make available to its customers if the video provider does not materially meet its customer service standards;
h. The video provider's written commitment to distribute annually to its employees and customers, and to the City, a notice describing the customer service standards specified in subsections (B)(3)(a) through (f) of this section. This annual notice must include the report of the video provider on its performance in meeting its customer service standards, as required by Government Code Section 53055.2. Subject to the written notice and cure provisions of 104
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Government Code Section53056(b), a video provider that fails to distribute the annual notice required by Government Code Section 53055.1 will be assessed a monetary penalty in the sum of $500.00 for each year in which the annual notice is not distributed to all of its customers;
4. Unless a video provider is exempt under federal law from its payment, a registration fee will be required to cover the reasonable costs incurred by the City in reviewing and processing the registration form;
5. In addition to the registration fee specified in subsection (B)(4) of this section, the written commitment of the video provider to pay to the City, when due, all costs and expenses reasonably incurred by the City in resolving any disputes between the video provider and its subscribers, which dispute resolution is mandated by Government Code Section 53088.2(o).
C. The customer service obligations imposed upon video providers by the Video Customer Service Act (Government Code Section 53088 et seq.) consist of the following:
1. Every video provider must render reasonably efficient service, make repairs promptly, and interrupt service only as necessary;
2. All video provider personnel contacting subscribers or potential subscribers outside the office of the provider must be clearly identified as associated with the video provider;
3. At the time of installation, and annually thereafter, all video providers must provide to all customers a written notice of the programming offered, the prices for that programming, the provider's installation and customer service policies, and the name, address, and telephone number of the City's office that is designated for receiving complaints;
4. All video providers must have knowledgeable, qualified company representatives available to respond to customer telephone inquiries Monday through Friday, excluding holidays, during normal business hours;
5. All video providers must provide to customers a toll -free or local telephone number for installation, service, and complaint calls. These calls must be answered promptly by the video providers;
6. All video providers must render bills that are accurate and understandable;
7. All video providers must respond promptly to a complete outage in a customer's service. The response must occur within 24 hours of the reporting of that outage to the provider, except in those situations beyond the reasonable control of the video provider. A video provider will be deemed to respond to a complete outage when a company representative arrives at the outage location with -in 24 hours and begins to resolve the problem;
8. All video providers must provide a minimum of 30 days' written notice before increasing rates or deleting channels. All video providers must make every reasonable effort to submit the notice to the City in advance of its distribution to customers. The 30-day notice is waived if the increases in rates or deletion of channels are outside the control of the video provider. In those cases, the video provider must make reasonable 105
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efforts to provide customers with as much notice as possible;
9. All video providers must allow every residential customer who pays his or her bill directly to the video provider at least 15 days from the date the bill for services is mailed to the customer, to pay the listed charges unless otherwise agreed to pursuant to a residential rental agreement establishing tenancy. Customer payments must be posted promptly. No video provider may terminate residential service for nonpayment of a delinquent account unless the video provider furnishes notice of the delinquency and impending termination at least 15 days prior to the proposed termination. The notice must be mailed, postage prepaid, to the customer to whom the service is billed.
Notice must not be mailed until the 16th day after the date the bill for services was mailed to the customer. The notice of delinquency and impending termination may be part of a billing statement. No video provider may assess a late fee any earlier than the 22nd day after the bill for service has been mailed;
10. Every notice of termination of service pursuant to the preceding subsection must include all of the following information:
a. The name and address of the customer whose account is delinquent, b. The amount of the delinquency,
c. The date by which payment is required in order to avoid termination of service, d. The telephone number of a representative of the video provider who can provide additional information and handle complaints or initiate an investigation concerning the service and charges in question. Service may only be terminated on days in which the customer can reach a representative of the video provider either in person or by telephone;
11. Any service terminated without good cause must be restored without charge for the service restoration. Good cause includes, but is not limited to, failure to pay, payment by check for which there are insufficient funds, theft of service, abuse of equipment or system personnel, or other similar subscriber actions;
12. All video providers must issue requested refund checks promptly, but no later than 45 days following the resolution of any dispute, and following the return of the equipment supplied by the video provider;
13. All video providers must issue security or customer deposit refund checks promptly, but no later than 45 days following the termination of service, less any deductions permitted by law;
14. Video providers must not disclose the name and address of a subscriber for commercial gain to be used in mailing lists or for other commercial purposes not reasonably related to the conduct of the businesses of the video providers or their affiliates, unless the video providers have provided to the subscriber a notice, separate or included in any other customer notice, that clearly and conspicuously describes the subscriber's ability to prohibit that disclosure. Video providers must provide an address and telephone number for a local subscriber to use without toll charge to prevent disclosure of the subscriber's name and address.
D. As authorized by Government Code Section 53088(q), the following schedule of penalties 106
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is adopted. These penalties may be imposed for the material breach by a video provider of the consumer protection and service standards that are set forth in subsection C of this section, provided that the breach is within the reasonable control of the video provider.
These penalties are in addition to any other remedies authorized by this chapter or by any other law, and the City has discretion to elect the remedy that it will apply. The imposition of penalties authorized by this subsection will not prevent the City or any other affected party from exercising any other remedy to the extent permitted by law, including but not limited to any judicial remedy as provided in subsection (D)(2) of this section.
1. Schedule of Penalties.
a. For a first material breach, the maximum penalty is $200.00 for each day of material breach, but not to exceed a cumulative total of $600.00 for each occurrence of material breach, irrespective of the number of customers affected. b. For a second material breach of the same nature for which a monetary penalty was previously assessed within the preceding 12 -month period, the maximum penalty is $400.00 per day, not to exceed a cumulative total of $1,200.00 for each occurrence of the material breach, irrespective of the number of customers affected.
c. For a third or further material breach of the same nature for which a monetary penalty was previously assessed within the preceding 12 -month period, the maximum penalty is $1,000.00 per day, not to exceed a cumulative total of $3,000.00 for each occurrence of the material breach, irrespective of the number of customers affected.
d. The maximum penalties referenced above may be increased by any additional amount authorized by state law.
2. Judicial Remedies Not Affected. The imposition of penalties in accordance with the provisions of subsection (D)(1) of this section does not preclude any affected party from pursuing any judicial remedy that is available to that party.
3. Administration, Notice, and Appeal.
a. The City Clerk or designee is authorized to administer this subsection. Decisions by the City Clerk to assess penalties against a video provider must be in writing and must contain findings supporting the decisions. Decisions by the City Clerk or designee are final, unless appealed to the City Council. b. If the video provider or any interested person is aggrieved by a decision of the City Clerk or designee, the aggrieved party may, within 10 days of the written decision, appeal that decision in writing to the City Council. The appeal letter must be accompanied by the fee established by the City Council for processing the appeal. The City Council may affirm, modify, or reverse the decision of the City Clerk or designee.
c. The imposition of monetary penalties under subsection (D)(1) of this section is subject to the following requirements and limitations:
i. The City must give the video provider written notice of any alleged material breach and must allow the video provider at least 30 days from 107
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receipt of that notice to remedy the breach.
ii. For the purpose of assessing monetary penalties, a material breach will be deemed to have occurred for each day following the expiration of the period for cure specified in subsection (D)(3)(i) of this section that the material breach has not been remedied by the video provider, irrespective of the number of customers affected.
(Ord. 18 § 2, 2008, RCC § 5.08.160)
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§ 5.08.180 BUSINESS REGULATIONS § 5.08.180
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Article V
Definitions
§ 5.08.180. Defined terms and phrases.
A. The words, terms, phrases, and their derivations set forth in this chapter have the meanings set forth in this section. Words used in the present tense include the future tense, and words in the singular include the plural number.
"Cable service" means the one-way transmission to subscribers of video programming, or other programming services, and subscriber interaction, if any that is required for the selection or use of that video programming or other programming service. For the purposes of this definition, "video programming" means programming provided by, or generally considered comparable to programming provided by, a television broadcast station; and "other programming service" means information that a cable system operator makes available to all subscribers generally.
"Cable system," or "cable communications system" or "cable television system" means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service th at includes video programming and that is provided to multiple subscribers within a community. The term "cable system" does not include:
1. A facility that serves only to retransmit the television signals of one or more television broadcast stations;
2. A facility that serves subscribers without using any public right-of-way;
3. A facility of a common carrier that is subject, in whole or in part, to the provisions of Title II of the Communications Act, except that such facility will be considered a cable system (other than for purposes specified in Section 621(c) of the Communications Act) to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services;
4. An open video system that complies with Section 653 of the Communications Act; or
5. Any facilities of an electric utility that are used solely for operating its electric utility system.
"Cable system operator" means any person or group of persons:
1. Who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in that cable system; or
2. Who otherwise controls or is responsible for, through any arrangement, the management and operation of that cable system.
" CFR " means the Code of Federal Regulations. Thus, the citation of "47 CFR 80.1" refers to Title 47, Part 80, Section 1, of the Code of Federal Regulations. "City" means the City of Wildomar as represented by its City Council or by any delegate acting within the scope of its delegated authority.
"Communications Act" means the Communications Act of 1934 (47 U.S.C. Sections153, et 109
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seq.), as amended by the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996.
"FCC" or "Federal Communications Commission" means the federal administrative agency, or any lawful successor, that is authorized to regulate telecommunications services and telecommunications service providers on a national level. "Franchise" means an initial authorization, or the renewal of an initial authorization, granted by the City Council, whether such authorization is designated as a franchise, agreement, permit, license, resolution, contract, certificate, or otherwise, that authorizes the construction or operation of a cable system or an open video system. "Franchise fee" means any fee or assessment of any kind that is authorized by state or federal law to be imposed by the City on a grantee as compensation in the nature of rent for the grantee's use of the public rights-of-way. The term "franchise fee" does not include:
1. Any tax, fee, or assessment of general applicability (including any such tax, fee, or assessment imposed on both utilities and cable operators or their services, but not including a tax, fee, or assessment which is unduly discriminatory against cable operators or cable subscribers);
2. Capital costs that are required by the franchise to be incurred by a grantee for public, educational, or governmental access facilities;
3. Requirements or charges that are incidental to the award or enforcement of the franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties, or liquidated damages; or
4. Any fee imposed under Title 17, United States Code.
"Franchise service area" or "service area" means that geographic area of the City in which the grantee is authorized to construct, operate, and maintain a cable television system, which geographic area is specifically designated in a franchise agreement with the City. "Grantee" means any person that is awarded a franchise in accordance with this chapter, and that person's lawful successor, transferee, or assignee. "Multichannel video programming distributor" or "video programming distributor" means a person such as, but not limited to, a cable system operator, an open video system operator, a multichannel multipoint distribution service, a direct broadcast satellite service, or a television receive-only satellite program distributor, who makes available multiple channels of video programming for purchase by subscribers or customers. "Open video system" means a facility consisting of a set of transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service, including video programming, and that is provided to multiple subsc ribers within the City, provided that the FCC has certified that such system is authorized to operate in the City and complies with 47 CFR 1500 et seq., entitled "Open Video Systems." "Open video system operator" means any person or group of persons who provides cable service over an open video system and directly or through one or more affiliates owns a significant interest in that open video system, or otherwise controls or is responsible for the management and operation of that open video system.
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"Person" means an individual, partnership, limited liability company, association, joint stock company, trust, corporation, or governmental entity. "Public, educational or government access facilities" or "PEG access facilities," means the total of the following:
1. Channel capacity designated for noncommercial public, educational, or government use; and
2. Facilities and equipment for the use of that channel capacity. "Street" or "public right-of-way" means each of the following that has been dedicated to the public and maintained under public authority or by others and is located within the City limits: streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, rights-of- way, and similar public property that the City from time to time authorizes to be included within the definition of a street.
"Subscriber" or "customer" or "consumer" means any person who, for any purpose, subscribes to the services provided by a multichannel video programming distributor and who pays the charges for those services.
"Telecommunications" means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.
"Telecommunications equipment" means equipment, other than customer premises equipment, used by a telecommunications service provider to provide telecommunications service, including software that is integral to that equipment. "Telecommunications service" means the offering of telecommunications directly to the public for a fee, or to such classes of users as to be effectively available directly to the public, regardless of the equipment or facilities that are used. "Telecommunications service provider" means any provider of telecommunications service. " U.S.C. section " means the United States Code. Thus, the citation of "47 U.S.C. Section 153" refers to Title 47, Section 153, of the United States Code. "Video programming provider" means any person or group of persons that has the right under the federal copyright laws to select and to contract for the carriage of specific video programming on a cable system or an open video system.
"Video provider" means any person, company, or service that provides one or more channels of video programming to a residence, including a home, multifamily dwelling complex, congregate -living complex, condominium, apartment, or mobilehome, where some fee is paid for that service, whether directly or as included in dues or rental charges, and whether or not public rights-of-way are used in the delivery of that video programming.
A "video provider" includes, without limitation, providers of cable television service, open video system service, master antenna television, satellite master antenna television, direct broadcast satellite, multipoint distribution services, and other providers of video programming, whatever their technology.
B. Unless otherwise expressly stated, words, terms, and phrases not defined in this chapter will be given their meaning as used in Title 47 of the United States Code, as amended, and, if not defined in that code, their meaning as used in Title 47 of the Code of Federal 111
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Regulations.
(Ord. 18 § 2, 2008, RCC § 5.08.180)
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§ 5.08.190 BUSINESS REGULATIONS § 5.08.190
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Article VI
Violations—Severability
§ 5.08.190. Violations—Enforcement.
A. Unless precluded by applicable law, any person who violates any provision of this chapter is guilty of a misdemeanor and is punishable as provided for in Chapter 1.16.
B. The misdemeanor penalty specified in subsection A of this section is not applicable to a violation of any provision of this chapter for which another sanction or penalty may be imposed under any franchise, license, lease, or similar written agreement between the City and a multichannel video programming distributor or telecommunications service provider.
C. The City may initiate a civil action in any court of competent jurisdiction to enjoin any violation of this chapter.
(Ord. 18 § 2, 2008, RCC § 5.08.190)
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§ 5.12.010 BUSINESS REGULATIONS § 5.12.040
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CHAPTER 5.12
VIDEO FRANCHISE FEES, CUSTOMER SERVICE AND OTHER VIDEO-RELATED
MATTERS
Note: Prior ordinance history: Ord. 26.
§ 5.12.010. Regulation of video franchises and definitions.
A. Under Division 2.5 of the California Public Utilities Code ("CPUC"), the Digital Infrastructure and Video Competition Act of 2008, commencing at Section 5800, et seq. ("DIVCA"), the California Public Utilities Commission (PUC) has the exclusive authority to grant and administer state video franchises. The definitions contained in DIVCA apply to this chapter.
B. Notwithstanding, DIVCA confers certain rights and responsibilities on the City with respect to state video franchise holders ("SVFH") operating within the City under DIVCA, including but not limited to, receipt of fees for rent of rights -of-way in the form of a franchise fee and additional fees for support of public, educational, and governmental ("PEG") access channels. Both fees are based on a percentage of the gross revenues of state franchise holders. The City also hereby establishes and enforces penalties for violations of customer service rules. The City retains authority, without change, over all City video franchisees until such time as they no longer hold a City franchise, or are no longer operating under a current City franchise. The City may modify, renew, extend or terminate existing City video franchises.
C. The City Council intends this chapter to supplement, not to duplicate or contradict, applicable state and federal law and this chapter shall be construed in light of that intent. (Ord. 27 § 1, 2009)
§ 5.12.020. State video franchise fees.
A. Each SVFH shall pay a fee to the City equal to five percent of that SVFH's gross revenue, as defined in GPM Section 5660, pursuant to CPUC Section 5840(q)(1). Failure to pay the fee in a timely manner will incur fines to the City as set out in that section.
B. Such fees shall be payable as of July 1, 2008, the date of City's incorporation. (Ord. 27 § 1, 2009)
§ 5.12.030. Audit authority.
Not more than once annually, the City Manager or designee may examine and perform an audit of an SVFH's records kept in the ordinary course of business, such as those commonly used and relied upon for accounting purposes or in preparation of financial statements or pro formas, to ensure compliance with this section. In the event that the audit discloses an underpayment of five percent or more, the SVFH shall pay for the audit. If the audit discloses that all fees have been paid, the City shall pay for the a udit; otherwise, the cost shall be divided evenly between the parties.
(Ord. 27 § 1, 2009)
§ 5.12.040. Customer service and protection standards.
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A. An SVFH shall comply with all applicable state and federal customer service and protection standards pertaining to the provision of video service. In addition, the SVFH shall prepare, adopt and annually review its own consumer standards regarding installation and service; telephone and office hours; billing procedures; termination of service; change in service; and complaint procedures. Each SVFH annually must distribute such standards to the City and to each customer.
B. The City shall give the SVFH written notice of its failure to distribute such notice. If distribution does not occur within 60 days after receipt of the notice, the City may impose and collect a penalty of $500.00 for each year in which the notice is not d istributed after such notice.
(Ord. 27 § 1, 2009)
§ 5.12.050. Material breach of customer standards.
Where the City Manager determines that an SVFH has materially breached any provision of its own consumer standards or of state or federal law, including but not limited to nonpayment of franchise fees, the City may provide a written Notice of Breach to the SVFH.
A. A "material breach" is defined as an SVFH's substantial and repeated failure to comply with service quality and other standards of federal or state law or of its own consumer standards.
B. Receipt of a Notice of Breach shall be deemed to have occurred either:
1. Five calendar days after the date on which the Notice of Breach was deposited to be mailed with the United States Postal Service or equivalent;
2. Two calendar days after the date the Notice of Breach was sent via facsimile or e- mail; or
3. On the date an SVFH's designated representative was personally served the Notice of Breach.
(Ord. 27 § 1, 2009)
§ 5.12.060. Response to Notice of Breach.
An SVFH which has been issued a Notice of Breach shall either remedy the conduct described in the Notice of Breach ("Notice of Breach Conduct") to the satisfaction, and in the sole discretion of, the City Manager no later than 30 calendar days from the date of receipt of the notice; or assert that the SVFH should be exempted from violation because the violation is out of its control. If the SVFH asserts that the Notice of Breach Conduct is out of its reasonable control, then the SVFH shall submit a Request for Exemption from Breach. A Request for Exemption from Breach shall contain all of the following points in order t o be considered by the City Manager: It shall be in writing; it shall describe in detail why the conduct was out of its reasonable control; it shall describe in detail the Notice of Breach Conduct, the reasons for its occurrence, all facto rs and/or influences asserted to be outside the SVFH's control thereby creating the conduct, and all facts precluding the SVFH's ability to remedy; and it shall include as attachments any and all supporting documentation which the SVFH wishes the City Manager to review. Only information so submitted shall be considered by the City Manager. (Ord. 27 § 1, 2009)
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§ 5.12.070. Request for Exemption from Breach.
Where the City Manager receives a Request for Exemption from Breach, City Manager shall review the Request for Exemption from Breach promptly; and shall render a final determination on the Request for Exemption from Breach. This final determination shall be in writing and shall include one of the following conclusions: (1) the Notice of Breach Conduct is outside the SVFH's control and is therefore exempt or (2) the Notice of Breach Conduct is within the SVFH's control and is therefore subject to the provisions of this chapter. The City Manager's decision is final.
(Ord. 27 § 1, 2009)
§ 5.12.080. Penalties for customer service and protection standards violations.
A. Each SVFH that fails to remedy the Notice of Breach Conduct in violation of this section ("unremedied breach") and/or that fails to obtain an exemption determination shall pay a penalty to the City as set out here.
B. Penalties for an SVFH's failure to remedy the Notice of Breach Conduct shall accrue daily as follows:
1. Commencing on the first calendar day following expiration of the time to cure in through the date of remedy of the breach under section; or
2. Commencing on the first calendar day following receipt of denial of a Request for Exemption from Breach through the date of remedy of the breach.
C. An SVFH shall pay a penalty for the unremedied first Notice of Breach not to exceed a fine of $500.00 for each calendar day, not to exceed $1,500.00 for each occurrence of an unremedied breach.
D. For a second material breach of a similar nature as the Notice of Breach for which a penalty was assessed, occurring within 12 months from the date of the first Notice of Breach, whether remedied or not, an SVFH shall pay a penalty accruing not to exceed $1,000.00 per calendar day, not to exceed $3,000.00, for each occurrence of an unremedied breach.
E. For a third or further material breach, of a similar nature as the Notice of Breach for which a penalty was assessed, occurring within the same 12 months of the date of the Notice of Breach, whether or not remedied an SVFH shall pay a penalty not to exceed $2,500.00 per calendar day, not to exceed $7,500.00 for each occurrence of an unremedied breach. (Ord. 27 § 1, 2009)
§ 5.12.090. Appeal of penalties for customer service and protection standards violations.
A. An SVFH assessed a penalty under Section 5.12.080 may appeal the assessed penalty only by satisfying all of the following: submit to the City Manager a written appeal describing in detail the basis for the appeal; and file the appeal no later than 60 calendar days from receipt of the notice of penalties; and
B. Where the City Manager receives an appeal under this section, the City Manager shall review the appeal promptly, render a final determination on the appeal, and provide a final written determination; and
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a debt to the City that may be collected in any legally available manner. (Ord. 27 § 1, 2009)
§ 5.12.100. City response to state video franchise applications.
A. Applicants for state video franchises within the boundaries of the City of Wildomar shall concurrently provide complete copies to the City of any application or amendments to applications filed with the PUC. The applicant shall provide one complete copy to the City Clerk, and another complete copy to the City Manager.
B. In its discretion, the City may provide any comments to the PUC on the application or amendments to the application.
(Ord. 27 § 1, 2009)
§ 5.12.110. PEG fees.
A. Any SVFH operating within the boundaries of the City shall pay the City a fee equal to one percent of the gross revenue of that SVFH, which fee shall be used by the City for any public, educational, and/or governmental (PEG) purposes consistent with state and federal law. The fee shall be remitted to the City on a quarterly basis within 45 days after the end of each quarter for that calendar year.
B. Gross revenue, for the purposes of this section, shall have the definition set forth in California Public Utilities Code Section 5860.
C. Not more than once annually, the City Manager or the City Manager's designee may examine and perform an audit of the business records of any SVFH to ensure compliance with this section.
(Ord. 150 § 1, 2018)
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§ 5.16.010 BUSINESS REGULATIONS § 5.16.040
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CHAPTER 5.16
CLOSING OUT AND RELOCATION SALES
§ 5.16.010. License required.
No person, firm or corporation shall, without first obtaining a license, advertise or conduct a sale of goods, wares or merchandise that is represented as a sale for the liquidation or closing out of a business or a portion thereof, or the relocation of a place of business, or as a fire, water or other casualty sale, or as an assignee's, adjuster's, trustee's, receiver's, creditor's or bankrupt's sale, or any other sale which is by representation or advertisement intended to lead the public to believe that upon the disposal of the goods to be placed on sale, the business, or the portion thereof at the advertised location, will cease and be discontinued or be relocated to a new place of business.
This chapter shall not apply to foreclosure, bankruptcy sales, or other similar sales conducted under the direction of or pursuant to the order of a court or a governmental agency, or to licensed auctioneers selling at auction.
(Ord. 18 § 2, 2008, RCC § 5.12.010)
§ 5.16.020. License application.
Application for a license shall be made to the Chief of Police, in such form as he or she may require and shall include the following information, which must be certified to under penalty of perjury:
A. The applicant's business and residence addresses, and the name and address of the legal owner of the stock to be sold;
B. A complete inventory of all stock on hand and of all goods not yet on hand which will be offered at the sale. Applicant shall submit proof that goods not on hand already belong to applicant, or that applicant is legally bound to purchase or dispose of such goods. The inventory shall include the wholesale price of all items; C. The length of time that applicant has conducted the business or used the business name under which the proposed sale will occur, and the length of time at the present address; D. All other information required by the Chief of Police for a complete determination of facts necessary to issue a license.
(Ord. 18 § 2, 2008, RCC § 5.12.020)
§ 5.16.030. License fee.
The license shall be issued for a 30-day period, and the fee therefor shall be $50.00. In cases of hardship, not more than two 30-day extensions of time may be granted, and the fee for each 30-day extension or any portion thereof shall be $20.00. Not more than one license shall be issued to any applicant within a 12-month period, and any person who is the majority owner of the stock in a corporation shall be deemed to be an applicant for the purposes of this section. (Ord. 18 § 2, 2008, RCC § 5.12.030)
§ 5.16.040. Inventory list required.
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of such sale, or to fail, neglect or refuse to keep accurate records of the items sold, which records shall be and remain available for inspection by the Chief of Police during and for one year after the conclusion of the sale.
(Ord. 18 § 2, 2008, RCC § 5.12.040)
§ 5.16.050. Violation—Penalty.
A. It is unlawful for any person, firm or corporation to violate any provision of this chapter.
Any person, firm or corporation violating any provision of this chapter shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such perso n, firm, or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted.
B. Any person, firm or corporation so convicted shall be: (1) guilty of an infraction offense and punished by a fine not exceeding $100.00 for a first violation; (2) guilty of an infraction offense and punished by a fine not exceeding $200.00 for a second violation. The third and any additional violations shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding $1,000.00 or six months in jail, or both. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not relieve any person, firm or corporation from the responsibility for correcting the violation.
(Ord. 18 § 2, 2008, RCC § 5.12.050)
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§ 5.20.010 BUSINESS REGULATIONS § 5.20.040
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CHAPTER 5.20
COMMERCIAL FILMING
§ 5.20.010. Purpose.
It is the policy of the City of Wildomar to encourage the production of motion pictures and television within its boundaries. This chapter provides the basis for the rules and regulations governing the issuance of permits for filming, videotaping or related activity within the City. This chapter is intended to ensure that filming/videotaping is done consistent with public health and safety and the protection of property.
(Ord. 18 § 2, 2008, RCC § 5.16.010)
§ 5.20.020. Definitions.
Unless otherwise specifically provided or required by the context, certain terms or expressions used in this chapter shall have the meanings set forth below:
"Charitable institution" means a nonprofit organization, which qualifies under Section501(c)(3) of the Internal Revenue Code or Section 23701 of the California Revenue and Taxation Code as a charitable organization. Where an organization such as those above is involved in film making/videotaping, no person, directly or indirectly, shall receive a profit from the marketing or production or showing of the films, tapes or photos. "Film permit rider" means a minor addition, change or deletion to the permit, as determined by the issuing authority.
"Issuing authority" means the Director of the Department of Economic and Community Development, designated by the City Council as its authorized representative to administer the provisions of this chapter.
"News" means regularly scheduled news programs (not including magazine or documentary programs) and special news programs which are not pre -planned and are broadcast within 24 hours after the event.
"Strike and preparation pays" means activities required to make superficial alterations as specified in the script prior to movie on-location filming and following filming, to restore such location to its original condition. Such alterations may include placement of temporary architectural features, alterations in landscaping, changes in furniture or other decorative elements, placement of temporary lighting equipment and simila r activities. "Strike and preparation days" shall not include time periods when cameras and actors are present and/or filming is occurring, nor activities requiring more than 10 persons or two trucks having a rated capacity exceeding five tons.
(Ord. 18 § 2, 2008, RCC § 5.16.020)
§ 5.20.030. Permit requirement.
No person shall use any public or private property, facility or residence within the City of Wildomar for the purpose of taking commercial motion pictures or television pictures or commercial still photography without first applying for and receiving a per mit from the issuing authority.
(Ord. 18 § 2, 2008, RCC § 5.16.030)
§ 5.20.040. Exemptions/waivers.
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A. Films produced by charitable institutions as described in Section 5.20.020 and news media as described in Section 5.20.020 shall be exempt from any permit fees hereafter established.
B. A student who has submitted a letter written on school letterhead by a school administrator or instructor stating that the applicant is currently enrolled in a recognized United States institution and that the film is not a commercial release, shall have permit fees waived as required by this chapter.
C. Permit fees shall be waived for public access and local organization programs by cable television programs franchised within the City.
(Ord. 18 § 2, 2008, RCC § 5.16.040)
§ 5.20.050. Use of facilities.
The issuing authority may approve temporary usage of property owned by or held under the control of the City, by issuance of a filming permit, provided:
A. Such issuance will not result in a frequency of usage likely to create incompatibility between such temporary use and the surrounding area;
B. Such issuance does not interfere with performance of the intended governmental function of the site in question;
C. Movie on-location filming does not exceed 10 consecutive days. Computation of such time period shall strike and preparation time.
(Ord. 18 § 2, 2008, RCC § 5.16.050)
§ 5.20.060. Liability provisions.
As a condition of approval to issuance of a permit, a certificate of insurance will be required to include, but not limited to $1,000,000.00 naming the City as a co -insured for protection against claims of third party personal injuries, wrongful deaths and property damage. Where aircraft is used in any production, either fixed wing or rotary, the limit shall be no less than $5,000,000.00 per occurrence. City officers, agents and employees shall be named as additional insureds and a certificate of insurance shall not be subject to cancellation or modification without 30 days' written notice to the City.
A. An applicant shall conform to all applicable federal and state requirements for Workers' Compensation Insurance as to all persons operating under a permit.
B. To ensure cleanup and restoration of the site, an applicant may be required to post a faithful performance bond as a condition to approval of an application. (Ord. 18 § 2, 2008, RCC § 5.16.060)
§ 5.20.070. Department of Economic and Community Development—Duties.
The department shall:
A. Coordinate with City departments and districts the approval and issuance of all facility usage permits required to film on City property;
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permits for on-location filming;
C. Coordinate the approval and collection of all fees with the necessary City departments and districts as required by City policy;
D. Reimburse the departments and districts involved for services provided, rental fees or other costs incurred by the departments or districts in connection with film permits; E. Investigate minor complaints and assist in the resolution of minor disputes between the film industry and City agencies concerning filming in the City of Wildomar; F. Develop and administer programs to promote the development of the filming industry in the City of Wildomar;
G. Cooperate with other governmental agencies seeking to promote the development of the film industry in the City of Wildomar to fully recover all City costs involved in the operations of the office;
H. Periodically review and recommend, if necessary, changes in the schedule of application fees and use and service charges to fully recover all City costs involved in the operations of this function;
I. Provide technical assistance and resource material to permit applicants and individuals or organizations desiring to conduct a motion picture, television company or photography business in the City of Wildomar;
J. Consult with and advise other City departments, districts and the City Council in all matters relating to filming, including, but not limited to, recommended charges and improvements in legislation, policies, procedures and methods;
K. Coordinate with City agencies the periodic review of the City's filming permit processing system and make recommendations to the City Council regarding ways to increase the system's efficiency and effectiveness;
L. Review, approve and issue permits for on-location filming on private property in the City; M. Perform such other duties as may be prescribed by the City Council. (Ord. 18 § 2, 2008, RCC § 5.16.070)
§ 5.20.080. Rules, regulations and fees.
Under the guidelines of Government Code Section 14999.30 et seq. (Uniform Film Permit Act), the issuing authority is authorized and directed to promulgate rules and regulations, subject to approval by resolution of the City Council, governing issuance of City filming permits. Included within such rules and regulations will be a schedule of fees covering the actual permitting process, as well as charges for personnel and property usage.
(Ord. 18 § 2, 2008, RCC § 5.16.080)
§ 5.20.090. Violations of permit—Cancellation.
If an applicant violates any provision of this chapter or a permit issued pursuant thereto, the City may cancel the permit.
(Ord. 18 § 2, 2008, RCC § 5.16.090)
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§ 5.24.010 BUSINESS REGULATIONS § 5.24.030
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CHAPTER 5.24
DANCE HALLS, DANCE CLUBS AND PUBLIC DANCES
§ 5.24.010. Permit required.
A. It is unlawful for any person, association of persons or corporations to conduct or assist in conducting any public dance hall, dance club or any public dance in the City outside of municipal corporations unless under and by authority of a written permit obtained under the provisions of this chapter.
B. Such permit shall be posted in a conspicuous place on the premises where the dance for which such permit is issued is conducted and shall remain so posted during all the time dancing is taking place.
(Ord. 18 § 2, 2008, RCC § 5.20.010)
§ 5.24.020. Permit issuance.
A. Permits to conduct public dance halls, dancing clubs or public dances in the City of Wildomar may be issued by the Chief of Police upon the written application of any person for him or herself, or on behalf of any association or corporation. Every such written application for a permit shall set forth the following facts:
1. The name and residence of the applicant or applicants, and if any applicant be a firm, the names and residences of the partners thereof; if any applicant be an association, the names and residences of the officers and directors thereof; and also the name of any manager or employee who will be in charge of the dance hall, dance club or public dance;
2. The place for which the permit is desired or in which any dance is to be, or dances are to be held;
3. The number and date of the dances to be held under the permit;
4. Other pertinent information that the Chief of Police may require.
B. The Chief of Police before issuing any permit shall first satisfy him or herself that the conduct of such dance hall, dancing club or public dance will comport with the public welfare, and for such purpose shall consider any facts or evidence bearing on th e place where the proposed public dance hall, dancing club or public dance is to be located, the character, reputation and moral fitness of those who will be in charge of it, and any other facts or evidence tending to enlighten the Chief of Police in this respect. (Ord. 18 § 2, 2008, RCC § 5.20.020)
§ 5.24.030. License fee.
A. A license fee of three dollars shall be payable with the application for each public dance, or a license fee of $25.00 may be paid in advance for all public dances at the same location during any one calendar month.
B. If the Chief of Police determines that the attendance of one or more police officers is necessary, the applicant shall in addition pay a supervision fee for each dance, which shall be based on a minimum of four hours per dance, or, at the applicant's option, a maximum 123
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of five hours per dance, for each such officer, and computed as follows:
1. For each hour, an amount equal to one and one -half times the hourly rate of pay for the ninth step of the salary range applicable to the class of Deputy Chief B as set forth in the current City salary ordinance;
2. Overhead as established by the current determination of the City Auditor -Controller; and
3. Mileage charges at the current City mileage rates for official travel by City -owned vehicle. Such charges shall be computed from the nearest Police Department office or substation to the place of dance.
(Ord. 18 § 2, 2008, RCC § 5.20.030)
§ 5.24.040. Permit denial—Appeal.
If the Chief of Police shall deny a permit, the applicant may appeal to the City Council by filing written notice thereof with the Council or its Clerk within 10 days after such denial. Thereafter a hearing shall be held in the manner provided in Section 5.24.050. (Ord. 18 § 2, 2008, RCC § 5.20.040)
§ 5.24.050. City Council—Responsibilities.
The City Council may make rules and regulations governing the public dance halls, public dances and dancing clubs; and the public dance halls, public dances and dancing clubs shall be conducted in accordance with such rules and regulations and all laws of the State of California, and in such manner as will comport with the public welfare. All permits issued under the terms of this chapter may be suspended or revoked by the City Council for good cause, after hearing by the Council upon notice to show cause why the permit should not be revoked. Notice may be given by mailing a copy of the notice to show cause to the owner or holder of the permit at the place of residence or address given in the application for the permit, at least 10 days prior to the date of hearing. (Ord. 18 § 2, 2008, RCC § 5.20.050)
§ 5.24.060. Definitions.
As used in this chapter:
"Dancing club" is defined to be any club or association of persons which conducts dances, other than public dances, for its members or bona fide guests more often than once per month, and a "club dance" is defined to be any dance held by a dancing club. "Public dance" is defined to be a gathering of persons upon any premises, other than premises used primarily as a hotel, where dancing is participated in either as the main purpose of such gathering or incidental to some other purpose, and to which premises the public is admitted. "Public dance hall" is defined as a place where dancing is conducted, whether for profit or not for profit, and to which the public is admitted either with or without charge or at which the public is allowed to participate in the dancing, either with or without charge. (Ord. 18 § 2, 2008, RCC § 5.20.060)
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§ 5.24.070. Exemptions.
The provisions of this chapter relating to a license fee shall not be construed as applying to any dance held or conducted for the purpose of raising funds for any established or recognized charitable organization, or by any church, Sunday school, student body of any school, established or recognized youth organization, bona fide fraternal organi zation, labor organization, Parent Teachers' Association, bona fide veterans' organization, bona fide civic or community organization or group, the primary purpose of which is the betterment of the cultural, social, economic, welfare and environment of the community.
(Ord. 18 § 2, 2008, RCC § 5.20.070)
§ 5.24.080. Minors.
It is unlawful for any minor person under the age of 18 years to enter, be or dance in any public dance hall, public dance, or club dance unless the minor is accompanied by his or her parent or legal guardian, or unless the minor is a member of a party whi ch is chaperoned by the parent or legal guardian of at least one member of the party. It is unlawful for the proprietor or person in charge of any public dance, public dance hall or club dance to permit any such minor to enter, be or dance in any such danc e hall, public dance or dance club, during the time that dancing is in progress, unless so accompanied or chaperoned. It shall not be unlawful for any minor person under the age of 18 years to be in a bona fide hotel, cafe, or other place where meals are regularly served, and where a public dance is being held, in the event that such minor does not participate in the dancing therein.
(Ord. 18 § 2, 2008, RCC § 5.20.080)
§ 5.24.090. Hours of dance restricted.
No dance shall be conducted on any day between the hours of 2:00 a.m. and 6:00 a.m. (Ord. 18 § 2, 2008, RCC § 5.20.090)
§ 5.24.100. Illumination of dance hall.
All public dance halls or places where public or club dances are held must at all times when open for dancing therein, or when dancing is being held therein, be brightly lighted throughout and the volume of illumination must not vary during the time such dance hall or public dance is open to the public or such club is open to its members or guests. (Ord. 18 § 2, 2008, RCC § 5.20.100)
§ 5.24.110. Intoxicated persons not permitted.
It is unlawful for any person in charge or assisting in the conduct of any public dance hall or any public dance or club dance to permit any intoxicated, boisterous or disorderly person to enter, be or remain in, or to assist in any such public dance hall, public dance or club dance; and it is unlawful for any person in an intoxicated condition to enter or remain in any public dance hall, public dance or club dance, or for any person to conduct him self or herself in a boisterous or disorderly manner in a public dance hall, public dance or club dance. (Ord. 18 § 2, 2008, RCC § 5.20.110)
§ 5.24.120. Dance instructors—Restrictions.
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public dance hall, public dance or club dance, or having charge or control thereof, to permit any instructor who is under the age of 21 years to give instructions in dancing to persons of the opposite sex in any private room or booth in such public dance hall, public dance or club dance.
B. For the purpose of this section the term "private room or booth" shall include any room, booth, alcove or enclosure, every part of which is not clearly visible at all times from the main dance floor located upon the same floor upon which such private room or booth is located.
C. Providing that nothing in this section contained shall be deemed or construed as applying to any place wherein classic dancing is the principal subject taught. (Ord. 18 § 2, 2008, RCC § 5.20.120)
§ 5.24.130. Paid dancing partners unlawful.
It is unlawful conducting, maintaining or carrying on any public dance hall, public dance or club dance to employ male or female persons for a salary per diem, or on commission, or for anything of value directly or indirectly, to act as dancing partners of the patrons, visitors or guests of any such public dance hall, public dance or club dance.
(Ord. 18 § 2, 2008, RCC § 5.20.130)
§ 5.24.140. Promulgation of rules and regulations—Chief of Police authority.
Subject to review by the City Council, the Chief of Police may make reasonable rules and regulations governing the conduct and operation of any public dance. He or she may, if he or she deems it necessary, require that the licensee employ and have present at all times during the public dance an attendant.
(Ord. 18 § 2, 2008, RCC § 5.20.140)
§ 5.24.150. Security personnel.
The Chief of Police shall determine the necessity for the attendance of security personnel to preserve order at each public dance. If the Chief determines that such attendance is necessary, he or she shall assign one or more police officers to be in continuous attendance at such dance unless he or she determines that other security personnel can adequately preserve order at such dance.
If the Chief determines that other security personnel can adequately preserve order at such dance he or she shall require that one or more security personnel be in continuous attendance at such dance. The presence of one or more police officers or other security personnel at any public dance shall not relieve the licensee of any existing obligation to maintain order. (Ord. 18 § 2, 2008, RCC § 5.20.150)
§ 5.24.160. Chapter provisions optional when.
This chapter shall not apply to any dance conducted by the City, any public or private school, or any established or recognized youth organization under active adult sponsorship, permanently located within the City, as a part of its recreation program or for the exclusive participation of its duly registered pupils or members, including adult sponsors; however, any such organization may elect to apply for a permit and to have one or more police officers present, in which event it shall pay the fees prescribed by this chapter.
(Ord. 18 § 2, 2008, RCC § 5.20.160)
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§ 5.24.170. Violation—Penalty.
A. It is unlawful for any person to violate any provision of this chapter. Any person violating any provision of this chapter shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted.
B. Any person so convicted shall be: (1) guilty of an infraction offense and punished by a fine not exceeding $100.00 for a first violation; (2) guilty of an infraction offense and punished by a fine not exceeding $200.00 for a second violation. The third and any additional violations shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding $1,000.00 or six months in jail, or both. Notwithstanding the ab ove, a first offense may be charged and prosecuted as a misdemeanor. Payment o f any penalty herein shall not relieve a person from the responsibility for correcting the violation. (Ord. 18 § 2, 2008, RCC § 5.20.170)
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CHAPTER 5.28
FORTUNETELLING AND SIMILAR ACTIVITIES
§ 5.28.010. Findings.
A. The City finds that the regulation of the practice of fortunetelling is a matter of public concern.
B. The City finds that the peace and safety of its citizens is served by regulating the practice of fortunetelling.
C. The adoption of the ordinance codified in this chapter is in consideration of the findings as are enumerated in subsections A and B of this section.
(Ord. 18 § 2, 2008, RCC § 5.24.010)
§ 5.28.020. Definitions.
Whenever in this chapter the following terms are used, they shall have the meanings respectively ascribed to them in this section.
"Chief of Police" means the Police Chief of the City or his/her designated representative. "Establishment" means the premises, location or place advertised or used or proposed to be used for the practice of fortunetelling in exchange for payment. "Fortuneteller" means any person who advertises by sign, circular, handbill, newspaper, periodical, magazine or any other means whatsoever the practice of fortunetelling, or who engages in the practice of fortunetelling for payment and shall include any person who advertises or practices as a psychic or spiritual reader or spiritual counselor. "Fortunetelling" means the telling of fortunes and forecasting of futures by means of the occult, psychic power, faculty, force, clairvoyance, clairaudience, cartomancy, numerology, hypnosis, phrenology, spirits, tea leaves or other such reading, mediumshi p, seership, augury, astrology, palmistry, necromancy, mindreading, telepathy, or other craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, cunning or foresight, crystal gazing, mysteries or magic of any kind or nature, when such is performed in exchange for payment. "Payment" means a fee, reward, donation, gratuity, loan, compensation or the receipt of anything of value in exchange for the practice of fortunetelling. "Person" means any individual, firm, partnership, joint venture, corporation, association, club or organization.
(Ord. 18 § 2, 2008, RCC § 5.24.020)
§ 5.28.030. License requirement.
A. No person shall conduct, own, operate or advertise for an establishment in the City of Wildomar in which the practice of fortunetelling is carried out, if such person does not hold a valid license issued pursuant to this chapter.
B. No person shall engage in or hold himself or herself out as engaged in the practice of fortunetelling in the City if such person does not hold a valid license issued pursuant to this chapter.
C. No person shall employ in return for payment any person who practices fortunetelling or 128
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who offers to or solicits to perform fortunetelling or who holds himself or herself out to be a fortuneteller, if such person does not hold a valid license issued pursuant to this chapter.
D. Each and every person engaged or who proposes to engage in the practice of fortunetelling shall obtain a separate and individual application for license pursuant to this chapter as set forth in this section and shall pay the separate and individual application and renewal fees therefor. This shall include persons who engage in the practice of fortunetelling under one common establishment.
E. No license shall be issued pursuant to this chapter to any individual under the age of 18 years.
F. No license issued pursuant to this chapter, whether original or a renewal , shall be transferable to a person other than the person to whom issued.
G. All licenses and fees required by this chapter shall be in addition to any license, permit or fee required by any applicable provision of any statute, regulation, code or other ordinance. (Ord. 18 § 2, 2008, RCC § 5.24.030)
§ 5.28.040. Exemptions from license requirement.
This chapter shall not apply to:
A. Any person solely by reason of the fact that he or she is in the business of entertaining the public by demonstrations of mind reading, mental telepathy, thought conveyance, or the giving of horoscopic readings, at public places and in the presence of and within the hearing of other persons and at which no questions are answered, as part of such entertainment, except in a manner to permit all persons present at such public place to hear such answers, when not conducted in connection with the business of fortunetelling; B. Any person who conducts or participates in any religious ceremony or service when such person holds a certificate of ordination as a minister, missionary, medium, healer or clairvoyant from any bona fide church or religious association maintaining a church and holding regular services, and having a creed or set of religious principles that is recognized by all churches of like faith, provided that any and all fees, gratuities, donations, emoluments and profits thereof shall be regularly accounted for and paid solely to or for the benefit of the church or religious association.
(Ord. 18 § 2, 2008, RCC § 5.24.040)
§ 5.28.050. Land use and building and safety requirements.
Every person who engages in fortunetelling and who holds a license issued pursuant to this chapter shall maintain a fixed establishment for the practice, and shall conduct the practice only on the premises of such fixed establishment and such person and establishment shall comply in full with the applicable provisions of Title 17 of this Code as well as all other applicable land use, building, fire, health and safety statutes, regulations, codes and ordinances. Failure or refusal to so comply shall be groun ds for the denial of an application for license under this chapter, or as appropriate, the suspension or revocation of a license issued pursuant to this chapter. (Ord. 18 § 2, 2008, RCC § 5.24.050)
§ 5.28.060. License application, fees and other requirements. 129
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A. An application for a license pursuant to this chapter shall be made to the Chief of Police on forms to be provided by the Chief. The license application, when completed by the applicant, shall contain the following information submitted under penalty of perjury:
1. The full name, present residence and business addresses and the present residence and business telephone numbers of the applicant;
2. Any and all maiden, fictitious or other names ever used by the applicant;
3. All residence and business addresses of the applicant for a five -year period prior to the date of application;
4. The birth date and place of birth of the applicant;
5. The Social Security number and California Driver's License or California Identification Card number, or other government -issued identifying item deemed satisfactory for such purpose by the Chief of Police;
6. The applicant's height, weight, hair and eye color, and a description of all distinguishing marks, scars and tattoos borne by the applicant;
7. The business, occupation and employment history of the applicant for a period of five years prior to the date of application;
8. The name or names under which the applicant proposes to or does conduct the practice of fortunetelling and the telephone number of the premises where such activity is to be carried on;
9. The name or names, both true and fictitious, and addresses, of any and all persons holding any interest or having any involvement in the establishment wherein the applicant proposes to or does conduct the practice of fortunetelling;
10. A statement of any and all criminal convictions, except minor traffic infractions, of the applicant, including the nature of such convictions, the date and place they occurred and the sentences therefor;
11. A listing of all fortunetelling and similar licenses or permits currently and previously held by the applicant and information as to whether any such license or permit has ever been suspended or revoked or an application for such license or permit denied, and the details of such suspension, revocation or denial, including but not li mited to the date, place and reasons therefor;
12. The names and addresses of three persons who have known the applicant for at least three years and who will serve as character witnesses for the applicant;
13. Such other identification and information as the Chief of Police may, in his or her discretion, deem necessary to discover and establish the validity of the material hereinabove specified as required to be set forth in the application.
B. In addition to the completed application as specified in subsection A of this section, each applicant shall submit to the Chief of Police, contemporaneously with the completed application, the following:
1. A California Driver's License or California Identification Card, or other valid 130
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documentary evidence satisfactory to the Chief of Police, of the age and identity of the applicant. To be satisfactory, this documentary evidence of age and identity shall be of official issue of some governmental agency, be currently valid, and contain a photograph of the applicant, the applicant's signature, and information respecting the applicant's weight, height, color of eyes and hair, sex, age and date of birth. Birth certificates shall not be considered satisfactory evidence of age or identity;
2. A nonrefundable application fee consisting of the sum of $130.00 plus such sum as is currently charged by the Department of Justice of the State of California for a fingerprint check of an individual.
C. At the time of the submission of the application and the other items as specified in subsections A and B of this section, each applicant shall submit to the following:
1. A photograph of the applicant, to be taken by the Chief of Police;
2. Fingerprints of the applicant, to be taken by the Chief of Police. (Ord. 18 § 2, 2008, RCC § 5.24.060)
§ 5.28.070. Investigation.
A. Upon compliance with all of the requirements of Sections 5.28.050 and 5.28.060, the Chief of Police shall conduct and complete an investigation of the moral character and reliability of the applicant and shall either grant or deny the license within a period of 30 days after the submission of the completed application and the other items required by Section
5.28.060.
B. Where the Chief of Police determines that good cause exists therefor, the Chief may extend the period of investigation for a period of time not to exceed 30 days; provided, that the applicant is notified, in writing, that the investigation has not been completed and that the time has been extended and the duration of and reason for such extension. (Ord. 18 § 2, 2008, RCC § 5.24.070)
§ 5.28.080. Term of license and renewal.
A. Licenses issued pursuant to this chapter shall be valid for a period of one year from the date of issuance.
B. A valid license may be renewed for a period of one year upon written application to the Chief of Police made not later than 15 days after the date of expiration of the current license.
Said renewal application shall be accompanied by a nonrefundable renewa l fee in the amount of $100.00.
(Ord. 18 § 2, 2008, RCC § 5.24.080)
§ 5.28.090. Denial of license application.
A. The Chief of Police shall not grant any application nor issue any license or any renewal thereof pursuant to this chapter where any of the following occurs with respect to the particular application.
1. The applicant fails or refuses to furnish the information or other items required by Section 5.28.060 or the applicant submits false or misleading information or items; 131
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2. The fortunetelling establishment does not comply with all of the applicable land use, building, fire, health and safety statutes, regulations, codes and ordinances;
3. Upon receipt by the Chief of Police of evidence satisfactory to the Chief that the applicant has been convicted of or has entered a plea of guilty or nolo contendere to any violation of any provision of this chapter or any other statute, regulation, code or ordinance relating to morals, theft, fraud or narcotics or other controlled substance, unless the Chief finds that the subject offense occurred more than five years prior to the date of application.
B. Notice of denial of an application for a license pursuant to this chapter or a renewal thereof shall be given to the applicant, in writing, and shall specify the grounds for such denial.
Such notice shall be deemed to have been served upon personal delivery to the applicant, or five days from the date such notice is deposited in the United S tates mail with prepaid postage affixed thereon and addressed to the applicant at his or her last known address. (Ord. 18 § 2, 2008, RCC § 5.24.090)
§ 5.28.100. Suspension and revocation of license.
A. The Chief of Police shall revoke any license issued pursuant to this chapter upon any grounds for which he or she may have denied the application for the license or upon the conviction of or upon the entry of a plea of guilty or nolo contendere for any vio lation of any provision of this chapter or where the operation of the establishment or the licensee's conduct of fortunetelling does not comport with the peace, health, safety or general welfare of the public.
B. The Chief of Police may suspend any license for a period up to 90 days, upon any grounds for which he or she may have denied the application for the license or upon the conviction of or upon the entry of a plea of guilty or nolo contendere for any violation of any provision of this chapter or where the operation of the establishment or the licensee's conduct of fortunetelling does not comport with peace, health, safety or general welfare of the public; provided, however, that the sole purpose of such suspension shall be to afford the licensee an opportunity to correct or remedy the grounds upon which such suspension is based. In the event the grounds are not so remedied within the time afforded b y the suspension, or where the Chief of Police determines that such reme diation cannot or will not occur in a timely manner, the Chief shall have discretion to terminate the suspension forthwith and revoke the subject license.
C. To revoke or suspend a license issued pursuant to this chapter, the Chief of Police shall serve upon the licensee a notice, in writing, of such suspension or revocation, specifying the grounds for such suspension or revocation and in the case of suspension, the duration of such suspension. Such notice shall be deemed to have been served upon personal delivery to the licensee, or five days from the date such notice is deposited in the United States mail with prepaid postage affixed thereon and addressed to the licensee at his or her last known address.
D. A revoked permit shall be surrendered to the Chief of Police not later than 10 days following receipt by the licensee of notice of revocation.
E. A licensee whose license has been revoked may not re-apply for a new license pursuant to this chapter for a period of one year from the date of revocation unless the City Council, 132
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upon the written request of the licensee and for good cause shown, shall determine that some shorter period shall apply. Such request shall be made in conjunction with and as part of an appeal pursuant to Section 5.28.110 and the procedural provisions of Section 5.28.110 shall be applicable thereto.
(Ord. 18 § 2, 2008, RCC § 5.24.100)
§ 5.28.110. Appeals from suspensions and revocations of licenses and denials of license applications.
Within 30 days of the service of notice of suspension or revocation of a license issued pursuant to this chapter or a notice of denial of an application for a license pursuant to this chapter or renewal thereof, the licensee or applicant may appeal the sus pension, revocation or denial by filing a notice of appeal, in writing, with the City Clerk. The notice of appeal shall set forth the reason or reasons the appellant believes the suspension, revocation or denial is improper. The Clerk shall give written notice to the appellant of the time and place of the appeal hearing, said notice to be given in the manner specified in Sections 5.28.090 and 5.28.100 for the service of notices of suspension, revocation and denial. The appeal shall be heard by the City Coun cil and such hearing shall be scheduled by the City Clerk for a time not later than 30 days from the receipt by the Clerk of the notice of appeal, except that upon a request made prior to the hearing, in writing, and directed to the Clerk, the hearing may be continued to a later date. The City Council may, after hearing the appeal, affirm, amend or reverse the suspension, revocation or denial, and may take such other action as it deems appropriate. In conducting the appeal hearing, the Council shall not be bound by the formal rules of evidence. To be admissible, evidence shall be of the type upon which responsible persons are accustomed to rely in the conduct of serious affairs. (Ord. 18 § 2, 2008, RCC § 5.24.110)
§ 5.28.120. Notification of changes.
A. Any person who holds a valid license issued pursuant to this chapter or whose application for a license under this chapter is pending, shall report to the Chief of Police, in writing, of any change in the ownership of the establishment owned or operated by such person or where such person is employed in an establishment, any change in the geographical location of such establishment, or any material change in any of the information contained in the license application or the application for renewal thereof. Such report shall be made not later than 10 days after the licensee or applicant learns of such change.
B. Such change shall be approved by the Chief of Police upon his or her determination that the provisions of this chapter and all other applicable statutes, regulations, codes and ordinances have been fully met and upon the payment by the licensee or applicant of a non-refundable change fee in the amount of $50.00.
C. Failure to make such report as required by this section, shall be grounds for the suspension or revocation of a license issued pursuant to this chapter or the denial of an application for a license or the renewal thereof pursuant to this chapter. (Ord. 18 § 2, 2008, RCC § 5.24.120)
§ 5.28.130. Display of license.
A license issued pursuant to this chapter to a fortuneteller or to a person who owns, operates, conducts or maintains an establishment shall be prominently displayed at the establishment thus 133
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licensed and at such establishment where the person thus licensed engages or proposes to engage in fortunetelling.
(Ord. 18 § 2, 2008, RCC § 5.24.130)
§ 5.28.140. Hours permitted.
It is unlawful to keep open to the public any establishment or to conduct any fortunetelling activity on any day of the week between the hours of 12:00 midnight and 7:00 a.m. (Ord. 18 § 2, 2008, RCC § 5.24.140)
§ 5.28.150. Records.
Every person operating an establishment under a license issued pursuant to this chapter shall keep accurate business records. These records shall be maintained and open for inspection for a period of three years and shall be kept on the premises of the est ablishment. Failure or refusal to keep and maintain such records as provided herein shall be grounds for the suspension or revocation of a license issued pursuant to this chapter.
(Ord. 18 § 2, 2008, RCC § 5.24.150)
§ 5.28.160. Inspections.
The Chief of Police shall have the right to enter the establishment from time to time as deemed appropriate by the Chief and not less than once per year for the purpose of conducting therein a reasonable inspection to insure that all of the applicable provisions of law are being complied with therein. Such inspections shall be made during reasonable hours, and such inspections may, in the discretion of the Chief of Police, be made without prior notice to the owner or operator of the establishment. As a condition of the issuance of a license pursuant to this chapter, each owner and operator of an establishment shall agree to allow such entry and inspection and such agreement shall be made a part of the license application. Failure or refusal on the part of th e owner or operator of an establishment to allow such inspection shall be grounds for denial of an application for a license pursuant to this chapter or for suspension or revocation of a license issued pursuant to this chapter.
(Ord. 18 § 2, 2008, RCC § 5.24.160)
§ 5.28.170. Adjustments of fees.
All of the fees set forth in this chapter shall be in effect until the City Council shall, by resolution, fix some other fees upon the basis of a cost-analysis as determined by the City Auditor-Controller. (Ord. 18 § 2, 2008, RCC § 5.24.170)
§ 5.28.180. Violations—Penalties.
Any person who violates any provision of this chapter shall be guilty of an infraction, except that where a person has been convicted of such violation three or more times within a 24-month period immediately preceding the commission of a violation of any provision of this chapter, such person may, at the option of the prosecuting authority, be guilty of a misdemeanor. If convicted of an infraction hereunder, the offense shall be punishable by: (1) a fine not exceeding $100.00 for the first violation; (2) a fine not exceeding $200.00 for the second violation within one year; (3) a fine not exceeding $300.00 for each additional violation within one year. If convicted of a misdemeanor hereunder, the offense shall be punishable by a fine not to exceed 134
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$1,000.00 or by imprisonment for a period of not more than six months, or by both such fine and imprisonment. Each day a violation is committed or permitted to continue shall constitute a separate offense.
(Ord. 18 § 2, 2008, RCC § 5.24.180)
§ 5.28.190. Other remedies.
The provisions of Section 5.28.180 are to be construed as added remedies and not in conflict or derogation of any other actions or proceedings or remedies otherwise provided by law. (Ord. 18 § 2, 2008, RCC § 5.24.190)
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CHAPTER 5.32
GARAGE SALES
§ 5.32.010. Garage sale defined.
As used in this chapter "garage sale" means the sale, or offering for sale, of personal property in, at or upon any property used or occupied for residential purposes. Garage sales shall include, but not be limited to, any yard sale, home sale, patio sale, or any other sale similarly conducted on any property used or occupied for residential purposes. (Ord. 18 § 2, 2008, RCC § 5.28.010)
§ 5.32.020. Unauthorized sales prohibited.
No person, firm, association or corporation shall sell, offer for sale, or assist in the sale of personal property to the general public at a garage sale except as permitted by this chapter. (Ord. 18 § 2, 2008, RCC § 5.28.020)
§ 5.32.030. Exemptions.
The provisions of this chapter shall not apply to the following:
A. Sales by charitable or religious organizations when the sale proceeds are used solely for charitable or religious purposes;
B. Sales conducted pursuant to process or order of any court; C. Sales where the sale is not to be conducted on a designated date or dates and the personal property offered for sale is not openly displayed to the public; D. Sales otherwise expressly permitted by law.
(Ord. 18 § 2, 2008, RCC § 5.28.030)
§ 5.32.040. Frequency and time of sales limited.
No person, firm, association or corporation shall conduct more than three garage sales during any period of 12 consecutive months, nor shall more than three garage sales be conducted upon any lot or parcel of land during any period of 12 consecutive months . No garage sale shall be conducted between the hours of 8:00 p.m. to 8:00 a.m. or be conducted for longer than three consecutive days.
(Ord. 18 § 2, 2008, RCC § 5.28.040)
§ 5.32.050. Display.
All personal property offered for sale shall be arranged so that fire, police, health and other officials may have access for inspection at all times during the sale. Personal property offered for sale shall not be displayed or stored on adjoining public sidewalks, streets, or rights-of-way. (Ord. 18 § 2, 2008, RCC § 5.28.050)
§ 5.32.060. Signs.
A. No sign advertising a garage sale shall be posted, erected or maintained except on the premises where such sale is to be held. No more than one unlighted sign advertising a 136
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garage sale may be posted, erected or maintained on the premises where such sale is to be held; provided, however, that no such sign may be posted, erected or maintained on the public right-of-way. Any such sign posted, erected or maintained on the public right-of-way may be immediately and without notice removed by the road commissioner. The road commissioner may thereafter bill the responsible party for the reasonable costs of such removal.
B. No sign posted, erected or maintained as provided for in this section shall exceed four square feet in area. No such sign shall be maintained for a period of more than five days immediately preceding the lawful commencement of the garage sale. Each such si gn shall be removed at or before the close of the last day on which the garage sale may be lawfully conducted.
(Ord. 18 § 2, 2008, RCC § 5.28.060)
§ 5.32.070. Violation—Penalty.
Any person, firm, association, or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not exceeding $1,000.00 or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment.
(Ord. 18 § 2, 2008, RCC § 5.28.070)
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CHAPTER 5.36
MASSAGE BUSINESSES
Note: Prior history: RCC §§ 5.32.050, 5.32.070 and 5.32.080.
§ 5.36.010. Definitions.
Whenever, in this chapter, the following terms are used, they shall have the meaning ascribed to them in this section unless it is apparent from the context thereof that some other meaning is intended.
"CAMTC" means the California Massage Therapy Council.
"City Manager" means the City Manager of the City of Wildomar or designee. "Disqualifying conduct" means any of the following conduct:
1. Within five years of the date of filing of an application for a license or, in the case of revocation or suspension proceedings, within five years of the date of notice of a revocation or suspension hearing, the person has pleaded guilty or no contest to, or been convicted in a court of competent jurisdiction of:
a. Any misdemeanor or felony offense which relates directly to the operation of a massage business; or
b. Any felony the commission of which occurred on the premises of a massage business.
2. Within five years of the date of the filing of an application for a license or, in the case of revocation or suspension proceedings, within five years of the date of notice of a revocation or suspension hearing, the person has had any massage business license, or a similar license or permit, issued by any state, county or city revoked.
3. Within five years of the date of the filing of the application for a license, or in the case of revocation or suspension proceedings, within five years of the date of notice of a revocation or suspension hearing, the person has pleaded guilty or no contest to, or been convicted in a court of competent jurisdiction of:
a. Any violation of Section 266(h), 266(i), 314, 315, 316, 318, or 647(a) or 647(b) of the California Penal Code;
b. Conspiracy or attempt to commit any such offense; or c. Any offense in a jurisdiction outside the State of California which is the equivalent of any of the aforementioned offenses and contains all of the same elements.
4. The person is required to register under Section 290 of the California Penal Code.
5. The person has been subjected to permanent injunction against the conducting or maintaining of a nuisance under Sections 11225 through11235 of the California Penal Code or any similar provisions of law in a jurisdiction outside the State of California. "License" means the license to operate a massage business as required by this chapter. "Licensee" means a person who is issued a massage business license under this chapter. 138
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"Massage" means the scientific manipulation of the soft tissues, including, without limitation, any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the external parts of the human body by any physical or mechanical means, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or other similar preparation s. Where applicable, this definition of "massage" may include alternative modalities and techniques including, but not limited to, Reiki, reflexology, applied kinesiology, hypnotherapy, polarity therapy, positional release (strain counter strain), Alexander technique, Bowen therapy, Feldenkrais Method, Hellerwork, energy balancing, Trager therapy, aromatherapy and essential oil therapy. "Massage business" means a fixed location where any person performs, or permits to be performed, massage for consideration.
"Massage technician" means any person who, for consideration, administers to another person a massage and who is certified by the CAMTC as a "massage therapist" or "massage practitioner," as those terms are defined in Business and Professions Code Section 4601. "Outcall massage business" means a massage business that does not operate from a fixed location. "Person" means any individual, firm, partnership, joint venture, corporation, association, club or organization.
"Practice of massage" means the performance of massage for compensation. (RCC § 5.32.010; Ord. 18 § 2, 2008; Ord. 110 § 1, 2016)
§ 5.36.020. License required to conduct massage business.
A. No person shall conduct a massage business in the City unless such person is 18 years of age or older, has obtained a business registration pursuant to Chapter 5.68 of this Code, and possesses a valid massage business license.
B. No person shall conduct an outcall massage business in the City unless such person is 18 years of age or older, has obtained a business registration pursuant to Chapter 5.68 of this Code, and is certified by the CAMTC as a massage therapist or massage practitioner. (RCC § 5.32.020; Ord. 18 § 2, 2008; Ord. 110 § 1, 2016)
§ 5.36.030. Exemptions.
The provisions of this chapter shall not apply to:
A. Any school approved by the CAMTC as meeting the minimum standards for training and curriculum in massage and related subjects, as defined in Business and Professions Code Section 4601(a).
B. Trainers for any amateur, semi -professional or professional athlete or athletic team or school athletic program.
C. Licensed hospitals and nursing homes.
D. Other licensed medical facilities in which massage is performed as a prescribed treatment only on patients of the medical facility.
E. Barbershops, beauty shops and nail salons provided that any massage services performed 139
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or provided are incidental or accessory to the hair and nail services offered and within the scope of any barber's, beautician's, or manicurist's California license. (RCC § 5.32.030; Ord. 18 § 2, 2008; Ord. 110 § 1, 2016)
§ 5.36.040. Massage business operating requirements.
A massage business shall meet the following minimum requirements:
A. Conduct, or otherwise operate, a massage business only between the hours of 7:00 a.m. and 10:00 p.m.;
B. Post a list of services available, described in readily understandable language, and the cost of such services in a conspicuous place on the premises in which the massage business is located;
C. Only persons certified as a massage practitioner or massage therapist by the CAMTC shall be permitted to engage in the practice of massage within a massage business; D. Display the massage business license, and a copy of the CAMTC certificate of each massage technician that engages in the practice of massage therein, in a conspicuous place in the premises in which the massage business is located;
E. Maintain a record which includes the date and time of each massage, the name and address of the patron, the name of the person administering such massage and the type of massage given. Such records shall be made available, upon request, for inspection by the City Manager. The information contained in such records shall be confidential; F. Provide a minimum of one toilet and wash basin facility. Each wash basin shall be provided with soap or detergent and single service towels placed in permanently installed dispensers.
A trash receptacle shall be provided in each room where such facilities are located; G. Maintain lighting intensity of not less than 70-footcandle power at floor level in any public room, enclosure, or hallway and in each private room or enclosure where massages are administered;
H. Maintain walls, ceilings, floors, pools, showers, bathtubs, water basins, toilets, wet and dry heat rooms, steam or vapor rooms and cabinets and all other facilities in good repair and in a clean and sanitary condition. Showers, water basins, toilets, wet and dry heat rooms, steam or vapor rooms, and cabinets and compartments shall be thoroughly cleaned at least once each day the massage business is in operation. Bathtubs shall be thoroughly cleaned after each use;
I. Provide clean and sanitary towels, sheets and linens for each patron. No common usage of towels, sheets and linens shall be permitted. Towels, sheets and linens shall be provided in sufficient quantity and shall not be used by more than one person unless such towels, sheets and linens have been relaundered. Heavy white paper may be substituted for sheets; provided, however, that such paper is used only for one person and then discarded into a sanitary receptacle. Separate closed cabinets or containers shall be provided for the storage of clean and soiled towels, sheets and linens, and such cabinets or containers shall be plainly marked: "clean linen" and "soiled linen";
J. Provide disinfecting agents and sterilizing equipment sufficient to assure the cleanliness and safe condition thereof for any instruments used in the performance of any massage and 140
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such instruments must be disinfected and sterilized after each use; K. Provide a massage table or chair in each room or enclosure where massage is performed.
All sides of the table or chair must be positioned at least two feet from the nearest wall to allow access to the table on all sides. Foam pads at least two inches thick with a minimum width of two feet and a maximum width of four feet may be used on a massage table, provided that such pads are covered with durable, washable plastic or other waterproof material;
L. All exterior doors to the massage business shall remain unlocked during business hours, except that exterior doors may be locked if the massage business is owned by one person with one or no employees or independent contractors;
M. Massage technicians practicing massage within the massage business shall be clothed in a manner that is consistent with the requirements of Business and Professions Code Section 4609(a)(10) while engaged in the practice of massage or visible to clients of the massage business.
(RCC § 5.32.040; Ord. 18 § 2, 2008; Ord. 110 § 1, 2016)
§ 5.36.050. Application for massage business license and renewals.
A. Applications for a massage business license, or for a renewal of such license, shall be filed with the City Manager on forms prescribed by the City, and shall be signed under penalty of perjury. The City Council may establish by resolution fees for initial and renewal applications to defray the cost of processing each such applications. The a pplication shall include all of the following information:
1. The location, mailing address and all telephone numbers of the massage business.
2. A site plan depicting the building or unit proposed for the massage business and a dimensional interior floor plan depicting how the massage business will comply with all applicable requirements of this chapter.
3. A description of the type of ownership of the massage business. a. If the applicant is a corporation, the application must state the name of the corporation exactly as shown in its articles of incorporation, the date of incorporation and the names and residence addresses of each of the officers and directors of such corporation and of each stockholder owning more than 10% of the stock of the corporation, and the address of the corporation itself, if different from the address of the massage business.
b. If the applicant is a partnership, the names and addresses of each of the partners including limited partners, and the address of the partnership itself, if different from the address of the massage business must be provided. c. An applicant corporation or partnership must designate one of its officers or partners to act as the responsible officer and such designated person must sign all application forms required of an individual applicant. Such responsible officer must at all ti mes meet the requirements set forth in this chapter, or the license will be suspended until a new responsible officer who meets all such requirements is designated.
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4. The following personal information:
a. Name and residence address of each applicant.
b. The two previous residential addresses immediately prior to the present address of the applicant.
c. Proof that the applicant is at least 18 years of age. d. The applicant's height, weight, color of eyes and hair, and sex. e. Photo identification which may be either a driver's license, State issued identification card, or passport.
f. Upon submission of the initial license application: three portrait photographs of the applicant at least two inches by two inches and a complete set of the applicant's fingerprints. If the applicant is a corporation, three portrait photographs at least two inches by two inches of all officers and managing agents of such corporation a nd a complete set of the same officers' and agents' fingerprints. If the applicant is a partnership, three portrait photographs at least two inches by two inches in size of each partner, including a limited partner in such partnership, and a complete set of each partner's or limited partner's fingerprints. All sets of fingerprints must be taken by the city's law enforcement agency.
g. Business, occupation, or employment of the applicant for the three years immediately preceding the date of application.
h. The massage or similar business license history of the applicant. Such information must include a statement as to whether or not such person, in operating a massage business under a permit or license, has had such permit or license revoked or suspended and the reasons for such revocation or suspension.
Such information must also include the business, activity or occupation the license applicant engaged in subsequent to such action of revocation or suspension.
i. All criminal convictions other than misdemeanor traffic violations, including the dates of convictions, nature of the crimes and place convicted, and full statement of the disposition of all such actions.
5. The hours of operation and a detailed description of all services to be provided at the massage business. If the list of services required to be posted under this chapter will be in any language other than in English, such list must accompany the application for a license, and a translated copy of the list must also be submitted in English.
6. The name and address of any massage business owned or operated by any applicant.
7. A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant.
8. Proof of consent to the operation of a massage business by the property owner or the owner's authorized agent. Continuing proof of such consent is also required at the time of license renewal.
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9. Authorization for the City and its agents to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the license and to inspect the premises of the proposed massage business.
10. Such other information as may reasonably be deemed necessary by the City Manager.
11. A dated statement signed by the applicant certifying under penalty of perjury that the information contained in the application is true and correct.
B. All licenses shall be valid for a period of one year following issuance. Applications for renewal thereof shall be filed no more than 60 days and no less than 30 days prior to the expiration of such period. No application for renewal shall be filed with, or accepted by, the City Manager after the expiration of such period.
C. Upon receipt of an application for a massage business license or renewal thereof, the City Manager shall cause an inspection to be made of the premises within which a massage business is to be conducted within 20 days to ascertain if such premises are in c ompliance with the provisions of this chapter, other applicable ordinances of the City and the laws of the State of California. If such premises are not in compliance, the City Manager shall notify the applicant, in writing, of the deficiencies, and shall cause the re-inspection of such premises to be made upon written request by the applicant; provided, however, that such request for re -inspection is made within 30 days after notice of noncompliance has been given by the City Manager.
D. Upon receipt of an application for a massage business license or renewal thereof, the City Manager shall investigate the truth of the matters set forth in the application and may cause an inspection of the premises to be conducted. The City Manager may make inquiries to any office or City department and to any federal, state or local agency which the City Manager deems essential to carry out a proper investigation of the applicant. (RCC § 5.32.060; Ord. 18 § 2, 2008; Ord. 110 § 1, 2016)
§ 5.36.060. Grounds for denial, suspension or revocation of a license.
A. The City Manager may deny an application for any massage business license, or renewal thereof, if he or she finds:
1. That the applicant has knowingly made any false, misleading or fraudulent statement of a material fact in the application or any document in connection therewith;
2. That the applicant has engaged in disqualifying conduct;
3. That the massage business premises are not in compliance with the provisions of this chapter, other applicable ordinances of the City, and the laws of the State of California; or
4. That the applicant is less than 18 years of age.
B. The City Manager may suspend or revoke a massage business license if he or she finds:
1. That the licensee has violated any of the provisions, or failed to comply with any of the requirements, of this chapter;
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2. That the licensee has engaged in disqualifying conduct;
3. The licensee has engaged in fraud, misrepresentation or made a false statement in connection with the operation of the massage business;
4. The licensee has continued to operate the massage business after the license has been suspended;
5. A person has engaged in the practice of, or offered to engage in the practice of, massage at the licensee's massage business who does not have a valid massage practitioner or massage therapist certification from the CAMTC;
6. A person has engaged in disqualify conduct at the licensee's massage business. (RCC § 5.32.090; Ord. 18 § 2, 2008; Ord. 110 § 1, 2016)
§ 5.36.070. Appeal.
If, after an investigation, the City Manager proposes to suspend or revoke a license or deny an application for such license, he or she shall prepare a notice of such intention setting forth the reasons therefor, and such notice shall be served personally on the licensee or applicant, or sent by registered or certified mail, postage prepaid, return receipt requested, to the licensee's or applicant's address as provided in the application. The notice shall set a date, time and place for a hearing relative to such suspension, revocation or denial before the City Manager, which date shall be not less than 10 days after service of the notice. Unless the licensee or applicant requests to be heard at the time and place specified in such notice within seven days after service thereof, the proposed decision set forth in the notice shall be final as of the date set for hearing by such notice. If a hearing is requested and the City Manager decides to suspend or revoke the license, or deny the application, the licensee or applicant may appeal the decision by filing with the City Clerk, within 10 days after the date of such decision, a written notice of appeal briefly setting forth the reasons why such suspension, revocation or denial is not proper, otherwise such decision shall be final. The City Clerk shall give written notice of the time and place of the hearing to the appellant. Such appeal shall be heard by the City Council which may affirm, amend or reverse the decision or take such other action as it deems appropriate. In conducting the hearing, the Council shall not be limited by the technical rules of evidence. (RCC § 5.32.100; Ord. 18 § 2, 2008; Ord. 110 § 1, 2016)
§ 5.36.080. Inspection.
The City Manager may, from time to time, cause an inspection to be made of the premises and facilities of each massage business located within the City of Wildomar to ensure compliance with this chapter.
(RCC § 5.32.110; Ord. 18 § 2, 2008; Ord. 110 § 1, 2016)
§ 5.36.090. Licenses not transferable.
No license issued pursuant to this chapter shall be transferable from one person to another.
A massage business license shall be issued for a specific location, and shall in no event be transferable from one location to another.
(RCC § 5.32.120; Ord. 18 § 2, 2008; Ord. 110 § 1, 2016) 144
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§ 5.36.100. Violations—Penalties.
Any person or licensee violating any of the provisions, or failing to comply with any of the requirements, of this chapter shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not to exceed $1,000.00 or imprisonment for a period of not more than six months, or by both such fine and imprisonment. Each day a violation is committed or permitted to continue shall constitute a separate offense. (RCC § 5.32.130; Ord. 18 § 2, 2008; Ord. 110 § 1, 2016)
§ 5.36.110. Other remedies.
The provisions of Section 5.36.100 are to be construed as added remedies and not in conflict or derogation of any other actions or proceedings or remedies otherwise provided by law. (RCC § 5.32.140; Ord. 18 § 2, 2008; Ord. 110 § 1, 2016) 145
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CHAPTER 5.40
SEX-ORIENTED BUSINESSES
§ 5.40.010. Findings.
Prior to the adoption of the ordinance codified in this chapter, the City Council reviewed detailed studies prepared by other jurisdictions regarding the detrimental social and economic effects on persons and properties immediately surrounding established sex-oriented businesses. The studies reviewed included those prepared by the cities of Austin, Texas; Taylor, Michigan; Detroit, Michigan; Indianapolis, Indiana; Garden Grove, California; Los Angeles, California; Phoenix, Arizona; and the Report of the Minnesota Attorney General's Working Group on the Regulation of Sexually Oriented Businesses. Based on its review of such studies, the City Council believes the following statements to be true:
A. Sex-oriented businesses increase crime in general and sex-related crimes in particular; B. Crime rates are higher in residential areas surrounding sex -oriented businesses than in commercial or industrial areas surrounding sex-oriented businesses; C. Crime rates are higher in areas where sex -oriented businesses are closely situated to one another than in areas where sex-oriented businesses are separated from one another; D. The presence of sex -oriented businesses in close proximity to residential areas has been shown to reduce property values in those areas;
E. The image of the City as a pleasant and attractive place to reside and to conduct business will be adversely affected by the presence of sex-oriented businesses in close proximity to residential uses, religious institutions, parks and schools; F. Sex-oriented businesses should be regulated to prevent deterioration and/or degradation of the vitality of the community, but such regulations should give persons desiring to patronize such businesses an opportunity to do so; and
G. Sex-oriented businesses should be regulated through zoning or other mechanisms that will separate such businesses from those land uses with which they are incompatible. (Ord. 18 § 2, 2008, RCC § 5.44.010)
§ 5.40.020. Intent.
A. It is the intent of this chapter to regulate sex -oriented businesses, to promote the health, safety and general welfare of the citizens of the City and to establish reasonable and uniform regulations to prevent the deleterious effects of sex -oriented busin esses from occurring within the City.
B. It is neither the intent nor the effect of this chapter to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor the effect of this chapter to restrict or deny access by adults to sex-oriented materials or to deny access by the distributors or exhibitors of sex-oriented businesses to their intended market.
C. Nothing in this chapter is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any City ordinance or any statute of the State of California regarding public nuisances, unlawf ul or indecent exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition 146
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or public display thereof.
(Ord. 18 § 2, 2008, RCC § 5.44.020)
§ 5.40.030. Definitions.
For purposes of this chapter, the following words and terms shall have the following meanings:
"Chief of Police" means the Police Chief of the City or his/her designated representative. "Individual viewing area" means a viewing area designed for occupancy by one person. "Owner" or "permittee" means:
1. The sole proprietor of a sex-oriented business;
2. Any general partner of a partnership which owns and operates a sex-oriented business; or
3. Any officer of, or person with a 10% or greater interest in, a corporation which owns or operates a sex-oriented business.
"Premises" means the building occupied by a sex-oriented business, or the space in a building occupied by a sex-oriented business if the business does not occupy the entire building. "Regular and substantial course of conduct" means:
1. Devoting more than 15% of total display area to the display of sex-oriented merchandise or sex-oriented material;
2. Presenting any type of live entertainment characterized by an emphasis on specified sexual activity or specified anatomical parts, or performers, models or employees appearing in public in lingerie on any four or more separate days within any 30-day period; or
3. Deriving at least 50% of gross receipts from the sale, trade, display or presentation of services, products, or entertainment which are characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts. "School" means any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education.
This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution o f higher education, including a community or junior college, college or university.
"Sex-oriented bookstore" means any establishment which as a regular and substantial course of conduct displays or distributes sex -oriented merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, films, or other visual representations which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts. "Sex-oriented business" means any establishment which as a regular and substantial course of conduct performs or operates as a sex -oriented bookstore, sex -oriented theater, sex -oriented motion picture arcade, sex-oriented cabaret, sex-oriented motel/hotel, or sells or distributes sex- oriented merchandise or sex-oriented material, or any other establishment which as a regular and substantial course of conduct offers to its patrons products, merchandise, services or entertainment which are distinguished or characterized by an emphasis on matter depicting, 147
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describing or relating to specified sexual activities or specified anatomical parts but not including those uses or activities, the regulation of which is preempted by state law. "Sex-oriented business" shall also mean any establishment which as a regular and substantial course of conduct provides or allows performers, models or employees to appear in any public place in lingerie. "Sex-oriented cabaret" means a nightclub, bar, restaurant or similar establishment which features any type of live entertainment which is distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts. "Sex oriented hotel/motel" means a hotel or motel which:
1. As a regular and substantial course of conduct provides to its patrons, through the provision of rooms equipped with closed -circuit television, video recorders or players or other medium, material which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts; or
2. Rents, leases or lets any room for less than a six -hour period, or rents, leases or lets any single room more than twice in a 24-hour period.
"Sex-oriented material" means any sex-oriented merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, videotape recording, or other visual representation which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts. "Sex-oriented merchandise" means sex -oriented implements or paraphernalia, such as, but not limited to: dildos, auto sucks, sex -oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated or battery operated vaginas, and similar sex-oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.
"Sex-oriented motion picture arcade" means any establishment containing any manually operated, coin or slug operated, or electrically or electronically operated or controlled, still or motion picture or videotape machines, projectors, players or other image producing devices that are maintained to display images to five or fewer persons per machine or per viewing room at any one time when those images are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts. "Sex-oriented motion picture theater" means any business establishment which projects and presents motion pictures, videotape recordings, slide photographs, or other motion or still pictures which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts. "Sex-oriented theater" means a theater, concert hall, dance hall, auditorium, or similar establishment which features live performances which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.
"Specified anatomical parts" means:
1. Less than completely and opaquely covered human genitals, pubic hair, buttocks, natal cleft, perineum, anal region, pubic hair region, or female breast below a point immediately above the top of the areola; or
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covered.
"Specified sexual activities" means:
1. Actual or simulated: sexual intercourse, oral copulation, anal intercourse, oral -anal copulation, bestiality, masturbation, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory function in the context of a sexual relationship; or any of the following depicted sexually oriented acts or conduct, whether actual or simulated: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophili a, sapphism, urophilia, zooerastia, zoophilia;
2. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence;
3. Use of human or animal ejaculation;
4. Fondling or erotic or sexually oriented touching of human genitals, pubic region, buttocks, natal cleft, anal region or female breast;
5. Masochism; erotic or sexually oriented torture, beating or the infliction of pain;
6. Erotic or lewd touching, fondling, or other sexually oriented contact with an animal by a human being;
7. Human excretion, urination, menstruation, vaginal or anal irrigation; or
8. Striptease, or the removal of clothing, or the wearing of transparent or diaphanous clothing, including models appearing in lingerie, to the point where specified anatomical parts are exposed.
(Ord. 18 § 2, 2008, RCC § 5.44.030)
§ 5.40.040. Permit prerequisite—Application process.
A. It is unlawful for any person or entity to operate, engage in, conduct or carry on any sex - oriented business within the City unless the owner of the business first obtains, and continues to maintain in full force and effect, a sex-oriented business permit.
B. The owner of the proposed sex-oriented business shall be the only person eligible to obtain a sex-oriented business permit.
C. The following information and items shall be submitted to the Chief of Police by the owner at the time of applying for a sex-oriented business permit:
1. A completed sex -oriented business permit application form signed by each of the following: the owner of the proposed sex -oriented business; the record owner of the property; and the sublessor, if the proposed sex -oriented business is a sublessee; all such signatures shall be notarized;
2. A statement signed by the record owner of the property and the sublessor, if any, attesting under penalty of perjury that they were aware the proposed business was sex- oriented in nature during lease or sublease negotiations; all such signatures shall be notarized;
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and a dimensional interior floor plan depicting how the business will comply with all applicable requirements of this chapter;
4. The information specified in Section 5.40.070 if the sex-oriented business in question is a sex-oriented motion picture arcade;
5. Any additional information the Chief of Police deems necessary;
6. A statement signed by the owner of the proposed sex-oriented business attesting under penalty of perjury to the truth and accuracy of the application and the information submitted therewith;
7. The appropriate nonrefundable processing fee which shall be one of the following amounts as determined by the Planning Director: $3,802.81 in the case of a new application whereby approval is sought to operate in a building not yet constructed or in an existing building that does not appear at the time of application to meet the policies, standards and regulations referenced in Section 5.40.060; $730.40 in the case of a new application whereby approval is sought to operate in an existing building that does appear at the time of application to meet the policies, standards and regulations referenced in Section 5.40.060; and $250.00 in the case of a renewal applica tion.
When a new application fee is paid, the Chief of Police shall retain $500.00 to cover its processing costs and shall forward the remainder to the Planning Department. When a renewal application fee is paid, the Chief of Police shall retain the entire amount.
D. Notwithstanding the above, no application for a sex -oriented business permit shall be accepted or processed for any business that has had a sex-oriented business permit revoked pursuant to Section 5.40.130 within the preceding three-year period. (Ord. 18 § 2, 2008, RCC § 5.44.040)
§ 5.40.050. Permit approval—Standards.
A. The Chief of Police shall, within 45 business days of the filing of a complete permit application, approve and issue the sex -oriented business permit if the standards and requirements of this chapter have been met; otherwise, the permit shall be denied. No tice of the approval or denial of the permit shall be given to the owner in writing by first class mail, postage prepaid, deposited in the course of transmission with the United States Postal Service within three days of the date of such decision. The times set forth in this subsection shall not be extended except upon the written consent of the applicant. The decision of the Chief of Police shall be final.
B. The Chief of Police shall approve and issue a sex-oriented business permit if:
1. The sex-oriented business will be located in a zone permitting sex-oriented businesses as a use;
2. The sex-oriented business will not be located within 500 feet of any existing residence, whether such residence is within or outside the boundaries of the City;
3. The sex-oriented business will not be located within 500 feet of another sex -oriented business not located within the same premises and under the same ownership and control, whether such other business is within or outside the boundaries of the City; 150
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4. The sex-oriented business will not be located within 1,000 feet of any lot upon which there is located any religious institution, public park or school, whether such use is within or outside the boundaries of the City;
5. For the purposes of this subsection all distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point of the premises where the sex -oriented business is conducted to the nearest existing residence, to the nearest point of the premises of any other sex-oriented business or to the nearest property line of any lot upon which is located a religious institution, public park or school;
6. The sex-oriented business will not be located, in whole or in part, within any portable structure;
7. The sex -oriented business will comply with the development standards of the applicable zone and with all applicable transportation, flood control, health, fire protection, grading, building, mechanical, plumbing and electrical policies, standards and regulations;
8. The sex-oriented business will not conduct or sponsor any special events, promotions, festivals, concerts or similar activities which would increase the demand for parking spaces beyond the approved number of spaces for the business;
9. The sex -oriented business will not conduct any massage, acupuncture, figure modeling, tattooing, acupressure or escort services and will not allow such activities on the premises;
10. The owner, manager or any other employee of the sex -oriented business has not, within the five-year period preceding the application date, been convicted of a felony or misdemeanor which is classified by the state as an offense involving a sexual crime against children, sexual abuse, rape, distribution of obscene material or material harmful to minors, prostitution or pandering, including, but not necessarily limited to the violation of any crime requiring registration under California Penal Code Section 290, or any violation of Penal Code Sections 234.3, 261, 261.35, 264.1, 266, 266a through 266k, inclusive,267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 315,316 or 647;
11. The owner or manager of the sex-oriented business is at least 18 years of age; and
12. The application and evidence submitted in support thereof are accurate and do not contain incorrect, false or misleading information.
(Ord. 18 § 2, 2008, RCC § 5.44.050)
§ 5.40.060. Permit requirements—Generally.
Any sex-oriented business which allows customers to remain on the premises while viewing any live, filmed or recorded entertainment, or to use or consume the products or services supplied on the premises, shall conform to the following requirements:
A. At least one security guard shall be on duty outside the premises, patrolling the grounds and parking areas, at all times while the business is open. If the occupancy limit of the premises is greater than 50 persons, an additional security guard shall be on duty inside the 151
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premises. The security guard(s) shall be charged with preventing violations of law, with enforcing compliance by patrons with the requirements of this chapter, and with notifying the Chief of Police of any violations of law observed. Security guard(s) requ ired by this subsection shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of state or local law. No security guard required pursuant to this subsection shall act as a doorperson, ticket seller, ticket taker, or admittance person while acting as a security guard hereunder.
B. Landscaping shall conform to the standards established for the zone, except that, if the sex- oriented business is the sole use on a lot, no planting shall exceed 30 inches in height, except trees with foliage not less than six feet above the ground.
C. The entire exterior grounds, including the parking lot, shall be lighted in accordance with standards promulgated by the Planning Director.
D. The premises within which the sex -oriented business is located shall provide sufficient sound-absorbing insulation so that noise generated inside the premises shall not be audible anywhere on any adjacent property or public right -of-way or within any other building or other separate space within the same building.
E. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times.
F. Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance/exit to the business.
G. Signage shall conform to the standards established for the zone except that such signage shall be limited to the business name, the street address and the notice required by subsection K of this section.
H. All door areas of the sex-oriented business within which patrons are permitted, except rest rooms, shall be open to view at all times.
I. Except as specifically provided in this chapter, oriented business shall comply with the parking, development and design standards established for the zone in which the business is located.
J. No sex-oriented material or sex-oriented merchandise shall be displayed in such a manner as to be visible from any location other than within the premises occupied by the sex - oriented business.
K. No person under the age of 18 years and no person obviously intoxicated shall be permitted within the premises at any time. A sign giving notice of this provision shall be prominently posted at each entrance to the premises of the sex-oriented business.
L. The sex-oriented business shall not operate or be open between the hours of 2:00 a.m. and 9:00 a.m.
M. The sex-oriented business shall provide and maintain separate rest room facilities for male patrons and employees and female patrons and employees. Male patrons and employees shall be prohibited from using the rest room(s) for females, and female patrons and 152
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employees shall be prohibited from using the rest room(s) for males, except to carry out duties of repair, maintenance and cleaning of the rest room facilities. The rest rooms shall be free from all sex-oriented materials and sex-oriented merchandise. Rest rooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this subsection shall not be applicable to a sex-oriented business which deals exclusively with sale or rental of merchandise which is not used or consumed on the premises, such as a sex-oriented bookstore, and which does not provide rest room facilities to its patrons or the general public.
N. Except as otherwise required by law or provided in this chapter, all areas of the sex-oriented business accessible to patrons shall be illuminated at least to the extent of a 20 foot candle, minimally maintained and evenly distributed at ground level.
O. Individual viewing areas of the sex -oriented business shall be operated and maintained without any hole or other opening or means of direct communication or visual or physical access between the interior space of two or more individual viewing areas. (Ord. 18 § 2, 2008, RCC § 5.44.060)
§ 5.40.070. Permit requirements—Motion picture arcades.
Sex-oriented motion picture arcades which provide more than one viewing area shall conform to all the requirements previously set forth in this chapter and shall also conform to the following additional requirements:
A. Upon application for a sex-oriented business permit, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations, specifying the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed 32 square feet of floor area with no dimension greater than eight feet. The diagram shall also designate the place at which the sex -oriented business permit will be conspicuously posted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram shall be oriented to the north or to some designated street or objec t and shall be drawn to a designated scale with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The Chief of Police shall waive the foregoing diagram for renewal applications if the owner adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
B. No alteration in the configuration of the diagram may be made without the prior approval of the Chief of Police.
C. It is the duty of the owner(s) to insure that at least one employee is on duty and situated at each manager's station at all times that any patron is present inside the premises.
D. The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose excluding rest rooms. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose, excluding rest rooms, from at least one of the 153
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manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.
E. It shall be the duty of the owner(s) and it shall also be the duty of all employees present on the premises to insure that the view area specified in subsection D of this section remains unobstructed by any doors, walls, persons, merchandise, display racks or other materials at all times and to insure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection A of this section.
F. No individual viewing area may be occupied by more than one person at any one time.
G. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted to access with an illumination of not less than a 10 foot candle as measured at the floor level.
H. It shall be the duty of the owner(s) and it shall also be the duty of all employees present on the premises to insure that the illumination described above is maintained at all times that any patron is present on the premises.
(Ord. 18 § 2, 2008, RCC § 5.44.070)
§ 5.40.080. Permit requirements—Live entertainment.
Sex-oriented businesses providing live entertainment depicting specified anatomical parts or involving specified sexual activities shall conform to all the requirements previously set forth in this chapter and shall also conform to the following additional requirements:
A. No person shall perform live entertainment for patrons of a sex -oriented business except upon a stage at least 18 inches above the level of the floor which is separated by a distance of at least six feet from the nearest area occupied by patrons, and no patron shall be permitted within six feet of the stage while the stage is occupied by an entertainer.
B. The sex-oriented business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use.
C. The sex-oriented business shall provide an entrance/exit to the premises for entertainers which is separate from the entrance/exit used by patrons.
D. The sex-oriented business shall provide access for entertainers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the sex-oriented business shall provide a minimum three-foot wide walk aisle for entertainers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers.
E. No entertainer shall have physical contact with any patron and no patron shall have physical contact with any entertainer while on the premises.
F. No waiter, waitress, entertainer or other person employed on the premises shall violate the provisions of Chapter 9.04 while on the premises.
G. Fixed rail(s) at least 30 inches in height shall be maintained establishing the separations between entertainers and patrons.
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H. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access with an illumination of not less than a 20 foot candle as measured at the floor level.
(Ord. 18 § 2, 2008, RCC § 5.44.080)
§ 5.40.090. Permit requirements—Effect of noncompliance.
The requirements described in Sections 5.40.050 through 5.40.080 shall be deemed conditions of permit approval, and failure to comply with any such requirement shall be grounds for revocation of any sex-oriented business permit issued pursuant to this chapter. (Ord. 18 § 2, 2008, RCC § 5.44.090)
§ 5.40.100. Permit duration.
A sex-oriented business permit shall be valid for a period of one year from the date of permit approval.
(Ord. 18 § 2, 2008, RCC § 5.44.100)
§ 5.40.110. Permit renewal.
A sex -oriented business permit shall be renewed on a year -to-year basis; provided, that the permittee continues to meet all applicable requirements. A request for permit renewal must be accompanied by a sex-oriented business permit application, completed in full detail with current information. If the application conforms to the previously approved application and the sex - oriented business has not changed, the permit shall be renewed by the Chief of Police for another year. Notice of such renewal, or denial, shall be given, in writing, to the permittee within 20 business days following the date of receipt of the completed renewal application. Any change or alteration in the location, nature or operation of the sex -oriented business will require a new application to be processed in the same manner as the original application. (Ord. 18 § 2, 2008, RCC § 5.44.110)
§ 5.40.120. Permit transferability.
No sex-oriented business permit shall be sold, transferred or assigned by any permittee, or by operation of law, to any other person, group, partnership, corporation or entity, and any such sale, transfer or assignment, or attempted sale, transfer or assignment shall be deemed to constitute a voluntary surrender of such permit, and such permit shall thereafter be null and void. A sex - oriented business permit held by an individual in a corporation or partnership is subject to the same rules of transferability described above. Any ch ange in the nature or composition of the sex-oriented business from one type of sex-oriented business use to another type of sex-oriented business use shall also render the permit null and void. A sex -oriented business permit shall be valid only for the exact location specified in the permit. (Ord. 18 § 2, 2008, RCC § 5.44.120)
§ 5.40.130. Permit revocation.
A. The permittee shall allow the Chief of Police to conduct unscheduled inspections of the premises of the sex-oriented business for the purpose of ensuring compliance with the law at any time the sex-oriented business is open for business or is occupied.
B. The Chief of Police shall revoke a sex-oriented business permit when:
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1. Any of the applicable requirements set forth herein ceases to be satisfied;
2. The application is discovered to contain incorrect, false or misleading information;
3. The permittee is convicted of a felony or misdemeanor occurring upon, or relating to the premises or lot upon which the sex -oriented business is located, which offense is classified by the state as an offense involving a sexual crime against children, sexual abuse, rape, distribution of obscene material or material harmful to m inors, prostitution or pandering, including, but not necessarily limited to the violation of any crime requiring registration under California Penal Code Section290, or any violation of Penal Code Sections 234.3, 261, 261.35, 264.1,266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316 or 647;
4. An employee, agent or contractor of the permittee is convicted on two or more occasions within a 12 -month period of a felony or misdemeanor occurring upon, or relating to the premises or lot upon which the sex-oriented business is located, which offense is one of those listed in subsection (B)(3) of this section;
5. The permittee or an employee has knowingly allowed prostitution, or solicitation for prostitution, on the premises; or
6. The sex-oriented business has been operated in violation of any of the requirements of this chapter, and:
a. If the violation is of a continuous nature, the business continues to be operated in violation of such provision for more than 10 days following the date written notice of such violation is mailed or delivered to the owner, or b. If the violation is of a noncontiguous nature, two or more additional violations of the same provision, or four or more violations of any other of the provisions, of this chapter occur (regardless of whether notice of each individual violation is given to the owner) within any 12-month period.
(Ord. 18 § 2, 2008, RCC § 5.44.130)
§ 5.40.140. Permit revocation procedure.
A. Upon determining that grounds for permit revocation exist, the Chief of Police shall furnish written notice of the proposed revocation to the permittee. Such notice shall summarize the principal reasons for the proposed revocation; shall state that the permittee may request a hearing within 15 calendar days of the postmarked date on the notice; and shall be delivered both by posting the notice at the location of the sex -oriented business and by sending the notice by certified mail, postage prepaid, addressed to the permittee as the name and address appear on the permit. Within 15 calendar days after the date of the mailing or posting of the notice, the permittee may file a written request for hearing with the Chief of Police.
B. Upon receipt of a hearing request, a hearing shall be conducted by a hearing officer. Such hearing shall be conducted within 45 calendar days of the hearing request filing date.
C. If no hearing is requested by the permittee or if the hearing officer determines that grounds for revocation exist, and the Chief of Police accepts such determination, the Chief shall revoke the sex-oriented business permit.
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(Ord. 18 § 2, 2008, RCC § 5.44.140)
§ 5.40.150. Existing sex-oriented businesses.
A. Any sex-oriented business lawfully operating on the effective date of the ordinance codified in this chapter in violation hereof shall be deemed a nonconforming use. A nonconforming use will be permitted to continue for a two -year period, unless sooner ter minated for any reason or voluntarily discontinued for a period of 30 days or more. A nonconforming use shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sex-oriented businesses are within 500 feet of one another and otherwise in a permissible location, the sex-oriented business which was first established and continually operating at the particular location shall be deemed to conform to the locational standards hereof and the later established business shall be deemed nonconforming to the locational requirements.
B. A sex -oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location of a residence or other sex-oriented business within 500 feet of the sex -oriented business or the location of a religious institution, public park or public or private school within 1,000 feet of the sex-oriented business. This provision does not apply to permit applications submitted after a permit has expired or has been revoked. (Ord. 18 § 2, 2008, RCC § 5.44.150)
§ 5.40.160. Violations—Misdemeanor/injunction.
In addition to any other remedies provided by law, any violation of the provisions of this chapter shall be a misdemeanor punishable by a fine not to exceed $1,000.00 or six months in jail, or both. Any person who violates the provisions of this chapter is subject to a suit for injunction as well as prosecution for the criminal violation.
(Ord. 18 § 2, 2008, RCC § 5.44.160)
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CHAPTER 5.44
SURFACE MINING OPERATIONS
§ 5.44.010. Findings.
The City Council finds and declares that the extraction of minerals is essential to the continued economic well-being of the City and that it is the purpose and intent of this chapter to regulate all surface mining operations in the City as authorized by t he California Surface Mining and Reclamation Act of 1975 (Public Resources Code, Section 2710 et seq.) to ensure that:
A. The reclamation of mined lands will be carried out in such a way that the continued mining of minerals will be permitted;
B. The adverse effects of surface mining operations will be prevented or minimized and that mined lands will be reclaimed to a useable condition which is readily adaptable for alternative land use; and
C. The production and conservation of minerals will be encouraged while giving consideration to values relating to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment, and the residual hazards to the public health and safety will be eliminated. (Ord. 18 § 2, 2008, RCC § 5.48.010)
§ 5.44.020. Exemptions.
The provisions of this chapter do not apply to:
A. Excavations or grading conducted for farming or on-site construction or for the purpose of restoring land following a flood or natural disaster;
B. Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden, in total amounts of less than 1,000 cubic yards in any one location of one acre or less;
C. Surface mining operations that are required by federal law in order to protect a mining claim, if such operations are conducted solely for that purpose; D. Such other surface mining operations which the State Mining and Geology Board finds are exempt from the provisions of the California Surface Mining and Reclamation Act of 1975 because they are of an infrequent nature and involve only minor surface disturbances. (Ord. 18 § 2, 2008, RCC § 5.48.020)
§ 5.44.030. Permit required.
Unless exempted by the provisions of Section 5.44.020 or 5.44.120, no person, firm, corporation or private association shall conduct surface mining operations in the City without first obtaining a permit to do so.
(Ord. 18 § 2, 2008, RCC § 5.48.030)
§ 5.44.040. Permit application.
A. Prior to submitting an application for a permit, the person, firm, corporation or private association seeking to obtain such permit shall comply with the pre-application review 158
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procedure described in Chapter 15.68 to the extent that such procedure is applicable.
B. All applications for a permit shall include a mining plan, a reclamation plan and proposed financial assurances in draft form including an estimate of reclamation costs; shall be on forms provided by the Planning Department; shall be accompanied by the appropriate filing fee indicated in Chapter 3.44; and shall be filed with the Planning Department. The application shall provide all information and data required by Sections 2772 and 2773 of the Public Resources Code and such additional information as may be reasonably required by the Planning Director. No application shall be accepted as completed for filing and the time limitations for processing a permit shall not begin to run until all procedures under the California Environmental Quality Act and the City of Wildomar Rules to Implement CEQA have been completed.
C. The Planning Director shall notify the Director of the Department of Conservation of the filing of each application for a permit within the time period required by Section 2774(e) of the Public Resources Code and shall submit each proposed mining and reclamation plan and proposed financial assurances in draft form including an estimate of reclamation costs or modification to an approved reclamation plan to the Director of the Department of Conservation for review and comment.
D. Upon completion of all procedures for review of an application, including but not limited to notification to the Director of the Department of Conservation, a public hearing will be held before the Planning Commission as provided in this chapter. (Ord. 18 § 2, 2008, RCC § 5.48.040)
§ 5.44.050. Mining plan—Contents.
The mining plan shall, to the extent practicable, contain at least the following:
A. Indicate the progression of all operations of the facility indicating time frames for each phase and the estimated life of the operation;
B. Show the location of equipment, offices, stockpiles, settling ponds, interim drainage, machinery and waste dumps, parking, and areas to be mined; C. Indicate the progression of stripping and excavating through the use of cross sections, elevations and topographic maps;
D. Indicate the time lag between mining and reclamation and equipment siting and removal and/or relocation;
E. Discuss the method of handling simultaneous excavation and reclamation if applicable; F. Show the location of all streams, roads, railroads, sewage disposal systems, waterwells, and utility facilities within 500 feet of the site and the location of all proposed access roads to be constructed in conducting the surface mining operation; and G. Indicate the type of and amount of mineral commodities to be removed, the amount of mining waste to be retained on the site and the amount of mining waste to be disposed off site including the method and location of disposal of the mining waste. (Ord. 18 § 2, 2008, RCC § 5.48.050)
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§ 5.44.060. Reclamation—Contents.
The reclamation plan shall, in addition to all other requirements:
A. Indicate the methods to be used to reclaim the land including a detailed schedule of the sequence and timing of all stages of the reclamation;
B. Describe the physical condition of the site upon the completion of all reclamation including the proposed uses or potential uses of the reclaimed site; C. Contain a map which will delineate through the use of cross sections and elevations the physical characteristics of the land upon the conclusion of reclamation. A topographic map shall also be provided with the location of the reclaimed land clearly indicated on the map; D. Describe the manner in which derelict machinery, mining waste and scraps will be removed from the reclaimed site and how contaminants will be controlled; E. Describe the methods to be used to ensure that the site will contain stable waste piles and slopes;
F. Describe how reclamation of this site may affect the future use of the area for mining purposes;
G. Show that the proposed site in its final form shall be, to the extent reasonable and practical, revegetated for soil stabilization, free of drainage and erosion problems, coordinated with present and anticipated future land use, and compatible with the topography and general environment of surrounding property.
(Ord. 18 § 2, 2008, RCC § 5.48.060)
§ 5.44.070. Public hearing—Decision—Appeals.
A public hearing to consider the granting suspension or revocation of a permit; an operator's financial capability of a performing reclamation; or abandonment of a surface mining operation without commencing reclamation shall be in accordance with the following procedures:
A. Notice of the time, date and place of the public hearing, including a general description of the area and mining operation being considered, shall be given at least 10 days prior to the hearing by all of the following procedures:
1. Mailing to all owners of real property which is located within 600 feet of the exterior boundaries of the proposed project, as such owners are shown on the last equalized assessment roll;
2. Publication once in a newspaper of general circulation in the City;
3. The Planning Director may require additional notice be given by posting in conspicuous places close to the property affected and may require notification to property owners along proposed local transportation routes.
B. At the public hearing the Planning Commission shall hear relevant testimony from interested persons and, within a reasonable time after the close of the hearing, make its decision; provided, however, that an application for a permit shall not be granted unless that permit is expressly subject to such conditions as are necessary to protect the health, safety or general welfare of the community. The decision of the Planning Commission and 160
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the reasons for the decision shall be reduced to writing and shall be filed by the Planning Director with the City Clerk, together with a report of the proceedings, not more than 15 days after the decision. A copy of the notice of the decision shall be mailed to the applicant and to any person who has made a written request for a copy of the decision. If the Planning Commission is unable to make a decision, that fact shall be filed with the City Clerk in the same manner for reporting decisions and shall be considered as notice of denial of the application. The City Clerk shall place the notice of the decision on the next agenda of the City Council held five or more days after the Clerk receives the notice from the Planning Director.
C. The decision of the Planning Commission is considered final and no action by the City Council is required unless, within 10 days after the notice of decision appears on the Council's agenda, the applicant or an interested person files an appeal, accompanied by the appropriate filing fee indicated in Chapter 3.44, with the City Clerk or unless the Council assumes jurisdiction by ordering the matter set for public hearing. If a timely appeal is filed or the Council assumes jurisdiction, the City Clerk shall set the matter for public hearing before the Council not less than 13 nor more than 60 days thereafter, and shall give notice of the time and place of the hearing in the same manner as notice was given of the hearing before the Planning Commission.
D. At the hearing before the City Council, the Council shall hear the matter de novo; however, the documents and the minutes of the hearing before the Planning Commission shall be a part of the Council's record at its hearing on the matter. The Council shall hear relevant testimony from interested persons and, within a reasonable time after the close of the hearing, make its decision sustaining, reversing or modifying the decision of the Planning Commission.
(Ord. 18 § 2, 2008, RCC § 5.48.070)
§ 5.44.080. Permit conditions.
As a condition of each permit, annual inspections and reports of mining and reclamation activities shall be required of the operator as follows:
A. Concurrently with submission of the operator's report submitted pursuant to Section2207 of the Public Resources Code, the Building Director shall cause an inspection to be conducted within six months of receipt of the operator's report to determine whether the surface mining operation is in compliance with the approved mining plan, the approved reclamation plan, the approved financial assurances, any permit conditions of approval and in the case of an idle mine, the approved interim management plan. The inspection may be conducted under the supervision of a qualified, state -registered civil engineer, state -licensed landscape architect, state -registered geologist, or state -registered forester. All inspections shall be conducted using a form approved by the State Mining and Geology Board. After completion of the inspection, the Building Director shall notify the Director of the Department of Conservation that the inspection has been conducted in accordance with Section 2774(b) of the Public Resources Code. A co py of the notice and any supporting documentation shall also be provided to the operator.
B. Each operator shall apply for a special inspection permit from the Building Director at least once in each year; provided, however, that this subsection shall not be construed to require more than one inspection per year per permit. An application for a special inspection permit shall be submitted and the special inspection permit fee set forth in Chapter 3.44 shall be 161
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paid concurrently with the operator's report submitted pursuant to Section 2207 of the Public Resources Code by July 1st of each year.
(Ord. 18 § 2, 2008, RCC § 5.48.080)
§ 5.44.090. Financial assurances required.
As a condition of each permit, financial assurances to ensure reclamation is performed in accordance with the approved reclamation plan shall be required of the operator as follows:
A. Prior to the commencement of the surface mining operation, the operator shall post with the Building Director a financial assurance. The financial assurance shall be: (1) a bond or bonds by one or more duly authorized corporate securities; (2) an irrevocable letter of credit from one or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary to carry out the approved reclamation plan are on deposit and guaranteed for payment; (3) a cash deposit to be dep osited into a trust fund; or (4) any other financial assurance specified by the State Mining and Geology Board pursuant to Section 2773.1(e) of the Public Resources Code. The amount of the financial assurance shall be adequate to perform reclamation in accordance with the surface mining operation's approved reclamation plan and shall be adjusted annually to account for new lands disturbed, inflation, and reclamation of lands accomplished in accordance with the approved reclamation plan. The adjustment shall be based upon an independent estimate derived from a survey by a qualified professional paid for by the operato r. In addition, all financial assurances shall be made payable to the City and the Department of Conservation and shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is completed.
B. If the Planning Commission, following a public hearing in accordance with the procedures set forth in Section 5.44.070, determines that the permittee is financially incapable of performing reclamation in accordance with its approved reclamation plan or has abandoned its surface mining operation without commencing reclamation, the Building Director shall:
1. Notify the operator by personal service or certified mail that the City intends to take appropriate action to forfeit the financial assurance and specify the reasons for so doing;
2. Allow the operator 60 days after notification to commence or cause the commencement of reclamation in accordance with its approved reclamation plan and require that reclamation be completed within the time limits specified in the approved reclamation plan or some other time mutually agreed upon by the Building Director and the operator;
3. Proceed to take appropriate action to require forfeiture of the financial assurance if the operator does not substantially comply with the provisions of subsection (B)(2) of this section;
4. Use the proceeds from the forfeited financial assurance to conduct and complete reclamation in accordance with the approved reclamation plan. The operator shall be responsible for the costs of conducting and completing reclamation in accordance with the approved reclamation plan which are in excess of the proceeds from the forfeited financial assurance.
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financial assurance shall be released. Written notification of the release shall be provided to the operator and Director of the Department of Conservation. (Ord. 18 § 2, 2008, RCC § 5.48.090)
§ 5.44.100. Violation—Notification—Penalty.
A. If after, conducting the annual inspection required by Section 5.44.080 or otherwise confirmed by an inspection of the mining operation, the Building Director finds that the surface mining operation is not in compliance with the approved mining plan, the approved reclamation plan, any permit conditions imposed by the City, the provisions of this chapter, or the California Surface Mining and Reclamation Act of 1975, the Building Director may notify the operator and the owner of the subject property of that violation by personal service or certified mail. If the violation continues beyond 30 days after the date of issuance of the Building Director's notice of violation, the Building Director may notify the Planning Director of that fact. Thereupon, the Planning Director may issue an order by personal service or certified mail requiring compliance or, if the operator does not have an approved reclamation plan, to cease all further mining activities. The order shall specify which aspects of the surface mine's activities or operations are inconsistent with the approved mining plan, approved reclamation plan, permit conditions, the provis ions of this chapter, or the California Surface Mining and Reclamation Act o f 1975; shall specify a time for compliance which the Planning Director determines is reasonable, given the seriousness of the violation and any good faith efforts to comply with applicable requirements; shall set a date for a public hearing before the Planning Commission no sooner than 30 days after the date of issuance of the order; and shall not take effect until the operator has been provided a public hearing concerning the violation.
B. At the hearing, the Planning Commission shall determine whether or not the operator is complying with the approved mining plan, the approved reclamation plan, the permit conditions or the provisions of this chapter and may affirm, modify or set aside the o rder issued by the Planning Director. The Planning Commission may also revoke or suspend the operator's permit in accordance with the procedures set forth in Section 5.44.070. The decision of the Planning Commission may be appealed to the City Council.
C. Any operator who fails to comply with an order issued by the Planning Director after the order's effective date, or who fails to submit a report to the Director of the Department of Conservation or City as required by Section 2207 of the Public Resources C ode, shall be subject to an order by the Planning Director imposing an administrative penalty of not more than $5,000.00 per day, assessed from the original date of the Building Director's notice of violation or noncompliance with Section 2207. In determin ing the amount of the administrative penalty, the Planning Director shall take into consideration the nature, circumstances, extent and gravity of the violation or violations, any prior history of violations, the degree of culpability, economic savings, if any resulting from the violation, and any other matters justice may require. An order imposing an administrative penalty shall become effective upon issuance and payment shall be made to the City within 30 days, unless the operator petitions the City Council for review of the order. The order shall be served by personal service or by certified mail upon the operator.
D. If the operator petitions the City Council for review of the order imposing an administrative penalty, the operator shall be notified by personal service or certified mail as to whether the City Council will review the order and if so when the matter has been set for public hearing.
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order of the Planning Director imposing an administrative penalty. Any order of the City Council shall become effective upon issuance thereof and shall be served by personal service or certified mail upon the operator. Payment of any administrative penalty specified in the City Council's order shall be made to the City within 30 days of service of the order. (Ord. 18 § 2, 2008, RCC § 5.48.100)
§ 5.44.110. Time limit.
Any permit that is granted shall be used within five years from the effective date thereof, or within the time limit that is set in the conditions of approval; otherwise, such permit shall be null and void. The term "use" means the beginning of a substantial surface mining operation that is authorized, which mining operation must thereafter be pursued diligently to completion. (Ord. 18 § 2, 2008, RCC § 5.48.110)
§ 5.44.120. Vested rights.
No person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall be required to secure a permit pursuant to the provisions of this chapter as long as such vested right continues and no substantial change is made in that operation. A person shall be deemed to have such vested rights if, prior to January 1, 1976, he or she has, in good faith and in reliance upon a permit or other authorization, if such permit or other authorization was required, diligently commenced surface mining operations and incurred substantial liabilities for work and materials necessary therefor. Expenses incurred in obtaining the enactment of an ordinance in relation to a particular operation or the issuance of a permit shall not be deemed liabilities for work or materials. Any substantial change in the surface mining operation subsequent to January 1, 1976, shall require the granting of a permit pursuant to this chapter. A person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall submit to the Planning Department for approval by the Planning Director, a reclamation plan for vested operations that are conducted after January 1, 1976, and shall apply for a special inspection permit from the Building Director in the same manner and with the same frequency as those mining operators required to obtain a permit pursuant to this chapter before commencing or expanding their operation. If a reclamation plan application is no t on file and approved by the Planning Director, the continuation of the surface mining operation shall be prohibited until a reclamation plan is submitted and approved. Nothing in this chapter shall be construed as requiring the filing of a reclamation plan for, or the reclamation of, mined lands on which surface mining operations were conducted prior to, but not after, January 1, 1976. All reclamation plans submitted to the Planning Department for vested operations that are conducted after January 1, 1976, shall be accompanied by the appropriate fee indicated in Chapter 3.44. (Ord. 18 § 2, 2008, RCC § 5.48.120)
§ 5.44.130. Modification to approved permit or plan.
A request for approval of a modification to an approved surface mining permit or reclamation plan shall be made in accordance with the provisions of this section. A modification under this section means a request for a revised permit or a determination of substantial conformance as further defined herein.
A. Applications. Applications for substantial conformance or a revised permit shall be filed in writing with the Planning Director and shall include the following:
1. All information required under this chapter for the filing of a new application for the 164
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permit or reclamation plan sought to be modified, unless the requirement is waived by the Planning Director;
2. A statement explaining the proposed modification and the reason the modification has been requested;
3. If the application requires a public hearing, a list of names and addresses of all owners of real property located within 600 feet of the exterior boundaries of the property to be considered and such additional names and addresses required in order to conform with the notification requirements for processing a new surface mining permit o r reclamation plan, as shown on the last equalized assessment roll and any update issued by the County Assessor;
4. Such additional information as shall be required by the Planning Director.
B. "Substantial conformance" means a request for a nonsubstantial modification of an approved permit or reclamation plan which does not change the original approval or the effect of the approval on surrounding property. Substantial conformance may include, bu t is not limited to, modifications for upgrading facilities, modifications for compliance with the requirements of other public agencies, modifications necessary to comply with final conditions of approval or modifications to lighting, parking, fencing or landscaping requirements, provided the modifications as determined by the Planning Director will have no adverse effect upon public health, safety or welfare.
C. "Revised permit" means a modification of a permit or reclamation plan which does not change the basic concept or use allowed by the original approval. A revised permit may include, but is not limited to, a significant increase in plant capacity, changes re sulting in significant adverse effects, expansion in the permitted mining area, changes to the original conditions of approval including extensions to the overall life of the permitted use, and changes in the intensity of use as determined by the Planning Director.
D. Actions on applications for substantial conformance or revised permits shall be in accordance with the following procedures:
1. Substantial Conformance. The Planning Director shall approve, conditionally approve or disapprove an application for substantial conformance within 30 days after accepting a completed application and give notice by mail of the decision, including any additional conditions of approval, to the applicant and any other person who has filed a written request for notice. The Planning Director's determination shall be based upon the standards of this section and those standards set forth in this chapter for the approval of an original application. An application for substantial conformance shall not require a public hearing.
2. Revised Permit. An application for a revised permit shall be approved, conditionally approved or disapproved in accordance with the procedures for processing an original permit or reclamation plan, including any requirements for public hearing, notice of hearing, and all rights of appeal. A revised permit shall be subject to the development standards applicable to a new surface mining permit or reclamation plan.
E. The approval of an application for substantial conformance or revised permit shall be valid until the expiration of the original permit, unless an extension of time has been granted by an approved revised permit.
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F. Notwithstanding any provision herein to the contrary, an application for substantial conformance may be approved only if the proposed modification is exempt from the provisions of the California Environmental Quality Act. (Ord. 18 § 2, 2008, RCC § 5.48.130)
§ 5.44.140. Idle mining operation—Interim management plan application requirements.
A. Within 90 days of a surface mining operation becoming idle, as defined in Section 2727.1 of the Public Resources Code, the operator shall file an application for an interim management plan with the Planning Director in accordance with the provisions of this chapter.
The application shall include:
1. All information required under this chapter for the filing of a new application for a permit, unless the requirement is waived by the Planning Director;
2. A statement explaining that the surface mining operation is idle as defined in Section 2727.1 of the Public Resources Code;
3. An interim management plan which includes measures the operator will implement to maintain the site in accordance with the approved mining plan, the approved reclamation plan and the permit conditions;
4. A filing fee for review of the interim management plan which shall be the same amount as the filing fees for a reclamation plan submitted for vested operations conducted after January 1, 1976, as set forth in Chapter 3.44;
5. Such additional information as shall be required by the Planning Director.
B. Within 60 days of the receipt of a completed application for an interim management plan, the Planning Director shall review and approve the application provided the interim management plan complies with the requirements specified in subsection A of this section and give notice by mail of the approval to the operator and any other person who has filed a written request for notice. Otherwise, the Planning Director shall notify the operator in writing of any deficiencies in the plan. The operator shall have 30 days, or a longer period mutually agreed upon by the operator and the Planning Director, to submit a revised plan.
The Planning Director shall approve or deny approval of the revised interim management plan within 60 days of receipt. If the Planning Direc tor denies approval of the revised interim management plan, the operator may appeal that action to the City Council, which shall schedule a public hearing within 45 days of the filing of the appeal, or any longer period mutually agreed upon by the operator and the City Council. An application for an interim management plan shall not require a public hearing.
C. The interim management plan may remain in effect for a period not to exceed five years, at which time the Planning Director shall do one of the following:
1. Renew approval of the interim management plan for another period not to exceed five years, if the Planning Director finds that the operator has fully complied with the provisions of the interim management plan;
2. Require the operator to commence reclamation in accordance with its approved reclamation plan.
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The determination by the Planning Director to extend the term of the interim management plan or to require reclamation shall not require a public hearing. If the surface mining operation is still idle after expiration of its interim management plan, the surface mining operation shall commence reclamation in accordance with its approved reclamation plan.
D. Any financial assurances required in conjunction with approval of the permit shall remain in effect during the period the surface mining operation is idle and until such time as reclamation is completed.
E. Unless review of an interim management plan is pending before the Planning Director, or an appeal is pending before the City Council, a surface mining operation which remains idle for over one year after becoming idle as defined in Section 2727.1 of the Public Resources Code, without obtaining approval of an interim management plan, shall be considered abandoned and the operator shall commence and complete reclamation in accordance with the approved reclamation plan.
(Ord. 18 § 2, 2008, RCC § 5.48.140)
§ 5.44.150. Transfer of ownership.
Whenever any surface mining operation or portion of an operation subject to this chapter is sold, assigned, conveyed, exchanged, or otherwise transferred, the successor in interest shall be bound by the provisions of this chapter and shall notify the Planning Department and Department of Building and Safety in writing of such transfer of ownership. Any existing financial assurances shall remain in force and shall not be released until new financial assurances are secured from the new successor in interest and approved in accordance with Section 2770 of the Public Resources Code and Section 5.44.090.
(Ord. 18 § 2, 2008, RCC § 5.48.150)
§ 5.44.160. Violation—Penalty.
The procedures, remedies and penalties for violation of this chapter and for recovery of costs related to enforcement are provided for in Chapter 1.16. (Ord. 18 § 2, 2008, RCC § 5.48.160)
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CHAPTER 5.48
TAXICABS AND NONEMERGENCY MEDICAL VAN SERVICES
§ 5.48.010. Purpose.
This chapter is enacted pursuant to the authority of Government Code Section 53075.5 and Vehicle Code Section 21,100(b) to protect the public health, safety and welfare of the residents of the City of Wildomar when using taxicab service and to promote the orderly development and maintenance of safe and reliable privately operated taxicab transportation service in the City. (Ord. 18 § 2, 2008, RCC § 5.52.010)
§ 5.48.020. Definitions.
As used in this chapter, the following terms shall have the meanings as set forth below:
"Driver" means any person driving a taxicab, either as an owner or under the direction, employment, control or service of the "owner" as defined in this section. "Nonemergency medical van" means a vehicle that is used on a commercial enterprise basis to transport a person between his or her residence and a health care provider under nonemergency circumstances. A nonemergency medical van shall not include an ambulance which is subject to regulation in 13 California Code of Regulations Sections 1100, et seq. or under Chapter
8.08. A nonemergency medical van shall not include a vehicle that is used to transport patients between licensed health care facilities when the patient is accompanied in the vehicle by a licensed physician, registered nurse, licensed vocational nurse, lic ensed paramedic, or licensed emergency medical technician.
"Owner" means every person having control, whether by outright ownership, lease, or otherwise of any taxicabs for hire.
"Person" includes both singular and plural, and shall mean and include any individual, firm, corporation, association, partnership or society, exclusive of public agencies. "Taxicab" means any vehicle which is used to provide taxicab service as defined in this section.
A taxicab shall include a nonemergency medical van.
"Taxicab service" means any public passenger transportation service, including nonemergency medical van service, available for hire, on call or demand over the public streets of the City where the service is not provided over a defined route but between such points and over such routes, as may be directed by the passenger(s) or person(s) hiring same, and irrespective of whether the operations extend beyond the areas of the City.
(Ord. 18 § 2, 2008, RCC § 5.52.020)
§ 5.48.030. Permit required for taxicab service.
It is unlawful for any person to engage in the business of operating, or causing to be operated, any taxicab or nonemergency medical van service within the City without having a City permit to do so under the provisions of this chapter when the taxicab or nonemergency medical van service picks up customers in the City.
(Ord. 18 § 2, 2008, RCC § 5.52.030)
§ 5.48.040. Application for taxicab service permit.
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submit a written application to the City Clerk. The application forms will be provided by the Clerk. Applications shall be signed under penalty of perjury and shall contain the following information:
A. Name, residence address and telephone number of the applicant; B. Business name, address and telephone number of the applicant; C. Number of vehicles to be operated under the permit;
D. The make, type, year, manufacturer, license number and passenger seating of the vehicle(s) to be used by the applicant;
E. The proposed color scheme, insignia, or other distinguishable characteristics of the taxicab to be used, including the type of illuminated sign to be mounted on the top of the vehicle and legend thereon;
F. Evidence of public liability insurance of not less than $750,000.00 for the payment of damages for personal bodily injuries (including death resulting therefrom) and for damage to or destruction of property from any one accident;
G. Legal and registered ownership of the vehicles to be used by the applicant; H. Prior experience of the applicant in the taxicab business, including any prior denial, revocation, or suspension by any public agency of any taxicab service, or taxicab driving permit, license or certificate;
I. All criminal convictions of the applicant and of all persons having an ownership interest in the proposed taxicab service.
(Ord. 18 § 2, 2008, RCC § 5.52.040)
§ 5.48.050. Vehicle inspection and certification by licensed mechanic.
The owner of a taxicab shall have the vehicle inspected by a licensed mechanic within 60 days of applying for an initial license or license renewal. No license or renewal thereof shall be granted unless the applicant presents a signed and dated statement from a licensed mechanic who inspected the vehicle certifying that the vehicle is in safe operating condition. (Ord. 18 § 2, 2008, RCC § 5.52.050)
§ 5.48.060. Vehicle service and maintenance records.
The owner of a taxicab shall maintain a legible, written record of all service maintenance and repairs performed on the vehicle, the dates the work was done, the mechanic doing the work, and the location of the facility where the work was done. Such records shall be retained by the owner and shall be made available for inspection by the Police Department, for a period of at least three years.
(Ord. 18 § 2, 2008, RCC § 5.52.060)
§ 5.48.070. Issuance of taxicab service permit.
Upon the furnishing of all the information required by Sections 5.48.040 and 5.48.050 and payment of the required fee as established in a resolution adopted by the City Council, the City Clerk shall issue the applicant a taxicab service permit, if the applicant is in compliance with 169
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this chapter, is of good moral character and there are no ground(s) for denial of the permit under the provisions of this chapter. Any applicant denied a permit shall be given written notice of the ground(s) for denial.
(Ord. 18 § 2, 2008, RCC § 5.52.070)
§ 5.48.080. Grounds for denial or revocation of taxicab service permit.
Taxicab service permits shall be denied or revoked on the following grounds:
A. Failure to have or maintain insurance as required by this chapter; B. Failure to maintain vehicles in good and safe order and in compliance with all laws; C. False statements made on the application submitted under this chapter; D. Failure to pay any fees as required under this chapter or by the City; E. Repeated and persistent violations by the permittee or the permit holder's drivers of the traffic laws of the City and the state;
F. Employing of a driver who does not have a valid taxicab driver's permit under the requirements of this chapter;
G. Violation of any of the provisions of this chapter by the permit holder; H. The person is not of good moral character or has been convicted of a crime involving moral turpitude, soliciting for prostitution, the sale or use of narcotics or dangerous drugs, unless a period of not less than five years has elapsed since the date of conviction or the date of release from confinement for such offense, whichever is later. (Ord. 18 § 2, 2008, RCC § 5.52.080)
§ 5.48.090. Permit fees—Transferability.
A. Every person engaging in or carrying on the business of taxicab service shall pay an annual permit fee as established by resolution adopted by the City Council. Every person engaging in the activity of driving a taxicab shall pay an annual permit fee as established by resolution adopted by the City Council. All such required fees shall be paid at the time an application for a permit is submitted.
B. Every permit issued under this chapter shall terminate at the expiration of one year from the date of its issuance, unless revoked prior to the termination. Any renewal of a permit issued under this chapter shall be pursuant to the same requirements, procedures, provisions and regulations set forth in this chapter for an original permit. A person holding a taxicab service permit may not drive a taxicab without also possessing a taxicab driver's permit. Permits issued under this chapter may not be transferred to any other person. (Ord. 18 § 2, 2008, RCC § 5.52.090)
§ 5.48.100. Taxicab driver's permit.
It is unlawful for any person to drive a taxicab or non-emergency medical van in the City without having a taxicab driver's permit to do so under the provisions of this chapter where the driver picks up customers in the City.
(Ord. 18 § 2, 2008, RCC § 5.52.100)
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§ 5.48.110. Application for a taxicab driver's permit.
A. Any person desiring to obtain a taxicab driver's permit shall submit a written application to the City Clerk. The applicant shall provide requested information on application forms supplied by the City Clerk regarding the following:
1. Pertinent personal data and proof of possession of a valid Class 3 driver's license issued by the State of California;
2. Physical condition;
3. Traffic record for five years prior to application;
4. All criminal convictions of the applicant;
5. Experience in driving motor vehicles, taxis or other vehicles for hire;
6. The name and address of the taxicab service by whom the applicant will be employed.
B. Each applicant shall be fingerprinted and photographed by the Police Department and a criminal records check shall be conducted on the applicant. The applicant will be required to pay the established fees for such services in addition to the taxicab driver's permit fee as established by resolution adopted by the City Council. A driver obtaining a permit renewal need not be fingerprinted and photographed if the Chief of Police determines that such is not necessary for proper administration of this chapter. (Ord. 18 § 2, 2008, RCC § 5.52.110)
§ 5.48.120. Grounds for denial or revocation of taxicab driver's permit.
Taxicab driver's permits shall be denied or revoked on the following grounds:
A. The person does not possess a valid Class 3 driver's license issued by the State of California; B. The person is less than 18 years of age;
C. The person is required to register pursuant to Section 290 of the California Penal Code; D. The person is not of good moral character or has been convicted of a crime involving moral turpitude, soliciting for prostitution, the sale or use of narcotics or dangerous drugs, unless a period of not less than five years has elapsed since the date of conviction or the date of release from confinement for such offense, whichever is later; E. The person has been convicted within the preceding five years for driving a vehicle while under the influence of liquor or drugs, or driving recklessly; F. Repeated and persistent violations of the traffic laws of the City and state; G. Driving any taxicab the driver knew, or should have known, was not in safe operating condition and/or in good repair;
H. False statement(s) made on any application submitted under this chapter; I. Operating a taxicab recklessly, unsafely, or while under the influence of alcoholic beverages, or drugs;
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J. Violation of any of the provisions of this chapter.
(Ord. 18 § 2, 2008, RCC § 5.52.120)
§ 5.48.130. Issuance of taxicab driver's permit.
A. If the City Clerk finds that the applicant is duly qualified, of good moral character, in compliance with the provisions of this chapter and there are no grounds for denial, the City Clerk shall issue a taxicab driver's permit to the applicant upon payment of all required fees.
Any applicant denied permit shall be given written notice of the reason(s) for the denial.
Permits shall remain the property of the City and are not transferable to any other person or driver. A permit shall be surrendered to the City Clerk by the driver upon such driver ceasing to engage in the activity of a taxicab driver. The taxicab driver's permit shall set forth the driver's name and working address. The permit shall bear a current photograph of the driver and shall be displayed while the driver is operating the taxicab so as to at all times be easily visible in the passenger's compartment of the taxicab.
B. Upon payment of all required fees, submittal of the required application and completion of fingerprinting and photographing, the City Clerk shall issue a temporary taxicab driver's permit which shall be valid for up to 60 days, if the applicant has certified under penalty of perjury that there are no ground(s) for denying the applicant a permit under the provisions of Section 5.48.120. A temporary taxicab driver's permit may be terminated by the City Clerk at any time by written notification of termination to the holder of a temporary driver's permit if a police investigation determines that grounds for denial of a permit exist under Section 5.48.120. Any temporary permit shall automatically terminate upon the issuance of a regular taxicab driver's permit to the applicant.
(Ord. 18 § 2, 2008, RCC § 5.52.130)
§ 5.48.140. Appeal procedures.
Any person denied a permit pursuant to this chapter may appeal, in writing, to the City Council stating reason(s) why the permit should be granted. The City Council may grant or deny the permit. Any appeal must be made within 10 days of the mailing of notice of the denial of a permit.
The City Council may hear appeals directly, or in its sole discretion, may appoint a hearing officer to hear any appeal and make a recommendation to the City Council. The decision of the City Council on any appeal shall be final.
(Ord. 18 § 2, 2008, RCC § 5.52.140)
§ 5.48.150. Revocation of permit.
No permit issued under this chapter shall be revoked until notice is provided and a hearing to determine whether there are grounds for revocation shall have been held before the City Council or in the Council's sole discretion, before a hearing officer appointed by the City Council, to hear the appeal and make a recommendation to the Council. Notice of such hearing shall be given, in writing, and served at least 10 days prior to the date of the hearing hereon. The notice shall state the ground(s) for the proposed revocation, and shall designate the time and place where such hearing will be held. The notice shall be served upon the permit holder by delivering the same personally, or by leaving such notice at the place of business or residence of the permit holder in the custody of a person over the age of 18 years. In the event the permit holder cannot be found, and the service of such notice cannot be otherwise made in the manner herein provided, a copy of such notice shall be mailed, certified postage fully prepaid, addressed to the permit holder at 172
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his or her place of business or residence, at least 10 days prior to the date of such hearing. The decision of the City Council in a revocation appeal shall be final. (Ord. 18 § 2, 2008, RCC § 5.52.150)
§ 5.48.160. Enforcement by Chief of Police.
This chapter shall be enforced by the Police Chief of the City of Wildomar. (Ord. 18 § 2, 2008, RCC § 5.52.160)
§ 5.48.170. Exemptions.
This chapter shall not apply to public transportation service being performed pursuant to a contract with the City or any other public entity in this state. This chapter shall not apply within the boundaries of the SunLine Joint Powers Authority Transit Agency except that nonemergency medical van service and drivers thereof shall comply with this chapter. A taxicab service or nonemergency medical van service and/or driver thereof shall be required to obtain a permit(s) under this chapter whenever the driver or taxicab or nonemergency medical van service picks up customers in the City.
(Ord. 18 § 2, 2008, RCC § 5.52.170)
§ 5.48.180. Time for compliance by existing taxicab services and taxicab drivers.
Any taxicab service or taxicab driver performing service on the effective date of the ordinance codified in this chapter shall have 60 days from the effective date of such ordinance to obtain all permits required under this chapter.
(Ord. 18 § 2, 2008, RCC § 5.52.180)
§ 5.48.190. Violation—Penalty.
A. It is unlawful for any person to violate any provision of this chapter. Any person violating any provision of this chapter shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted.
B. Any person so convicted shall be: (1) guilty of an infraction offense and punished by a fine not exceeding $100.00 for a first violation; (2) guilty of an infraction offense and punished by a fine not exceeding $200.00 for a second violation. The third and any additional violations shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding $1,000.00 or six months in jail, or both.
C. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor.
D. Payment of any penalty herein shall not relieve a person from the responsibility for correcting the violation.
(Ord. 18 § 2, 2008, RCC § 5.52.190)
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CHAPTER 5.52
WEIGHING AND MEASURING DEVICES
Article I
Weights and Measures Registration
§ 5.52.010. Title.
This article shall be known as the "Weights and Measures Registration Ordinance of the City of Wildomar."
(Ord. 18 § 2, 2008, RCC § 5.56.010)
§ 5.52.020. Purpose and authority.
The purpose of this article is to establish a procedure for registering weighing and measuring instruments and to recover the costs of inspecting and testing such instruments pursuant to Section12210 of the California Business and Professions Code. The aut hority for this article is Division 5, Chapter 2, Article 2.1 (beginning with Section 12240) of the California Business and Professions Code. The ordinance codified in this article is adopted pursuant to Title 2, Division 2, Part 2, Chapter 1, Article 7 (beginning with Section 25120) of the Government Code. (Ord. 18 § 2, 2008, RCC § 5.56.020)
§ 5.52.030. Definitions.
Unless otherwise specifically provided or required by the next context, certain terms or expressions used in this article have meanings as set forth below:
"Commercial purposes" shall have the meaning assigned to it by Section 12500 of the California Business and Professions Code.
"Person" shall have the meaning assigned to it by Section 12011 of the California Business and Professions Code.
"Sealer" means the sealer of weights and measures of the City and his or her duly authorized agents.
"Single business location" means as defined in Section 12240 of the California Business and Professions Code.
"Weighing and measuring instruments" means "weighing instruments" or "measuring instruments" as each are respectively defined by Section 12500 of the California Business and Professions Code.
"Weights and measures" means the weights and measures division of the City. (Ord. 18 § 2, 2008, RCC § 5.56.030)
§ 5.52.040. Registration certificate required.
No person shall use or operate any weighing or measuring instruments for commercial purposes without having a current registration certificate for such instrument. The certificate shall be in addition to any other certificate, license or permit which may be required by the City. (Ord. 18 § 2, 2008, RCC § 5.56.040)
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§ 5.52.050. Application and issuance of certificate.
An application for a registration certificate shall be submitted to the sealer in the form prescribed by the sealer. The sealer may waive the requirement of an application in those cases in which the sealer has the information and data required by the application. The sealer shall issue the registration certificate when the sealer has the required information and data, either by receipt of the application or by any other means, and upon payment of the application fee. (Ord. 18 § 2, 2008, RCC § 5.56.050)
§ 5.52.060. Term of certificate.
The term of each registration certificate shall be from January 1st through December 31st of each calendar year. Renewal of a registration certificate shall be made in a manner similar to the issuance of the original registration certificate. Registration certificates not renewed by January 31st shall be considered expired until such time as the registration certificate fee and applicable penalty have been received by the City.
(Ord. 18 § 2, 2008, RCC § 5.56.060)
§ 5.52.070. Registration certificate fees.
The fees for the registration certificate and the annual renewal registration certificate fee shall be assessed at the maximum amount authorized in Section 12240 of the California Business and Professions Code. If the registration or renewal payment is late, there shall also be assessed the late registration penalty fee set forth in Section 5.52.080 of this chapter. (Ord. 18 § 2, 2008, RCC § 5.56.070)
§ 5.52.080. Nonpayment of fees—Penalty.
To any registration certificate fee not submitted by January 31st of the year for which the fee is due, there shall be added a late fee as follows:
A. To any registration certificate fee paid late between January 31st and March 31st of the year for which the fee is due, there shall be added a penalty fee of $50.00.
B. If a registration certificate fee is not paid by March 31st of the year for which the fee is due, then the registration certificate shall become invalid and any devices still in use shall be labeled out of use by the City until the registration certificate has been reinstated. The registration certificate shall be reinstated only upon payment of t he registration certificate fee and the penalty.
(Ord. 18 § 2, 2008, RCC § 5.56.080)
§ 5.52.090. Qualified certificate holders.
A registration certificate may be issued to a corporation duly authorized to transact business in this state, or to a person operating under a fictitious name who has complied with all of the provisions of Chapter 5 (commencing with Section 17900) of Part 3 of Division 7 of the California Business and Professions Code. Otherwise, all such certificates shall be issued in the true name of the applicant. Except as above provided, no business, occupation or activity for which a certificate is required may be conducted under any false or fictitious name. A registration certificate issued to a corporation shall designate such corporation by the exact name which appears in the articles of incorporation of such corporation. 175
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(Ord. 18 § 2, 2008, RCC § 5.56.090)
§ 5.52.100. Lost certificate.
If a current registration certificate has been lost, the person to whom it was issued may obtain a replacement from the sealer upon payment of a replacement fee of $10.00. (Ord. 18 § 2, 2008, RCC § 5.56.100)
§ 5.52.110. Transferability of certificate.
A registration certificate is not transferable from one person to another. Instruments that are to be used on a mobile unit will be registered to one person and each vehicle shall constitute a location. (Ord. 18 § 2, 2008, RCC § 5.56.110)
§ 5.52.120. Violations—Penalties.
A. It is unlawful for any person to violate any provision of this article, or to violate the provisions of any registration certificate granted pursuant to this article. Any person violating any provision of this article or the provisions of any registration certificate granted pursuant to this article, shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this article or the provisions of any registration certificate granted pursuant to this article, is committed, continued or permitted.
B. Any person so convicted shall be: (1) guilty of an infraction offense and punished by a fine not exceeding $100.00 for a first violation; (2) guilty of an infraction offense and punished by a fine not exceeding $200.00 for a second violation. The third and any additional violations shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding $1,000.00 or six months in jail, or both.
C. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor.
D. Payment of any penalty herein shall not relieve a person from the responsibility for correcting the violation.
(Ord. 18 § 2, 2008, RCC § 5.56.120)
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§ 5.52.130 BUSINESS REGULATIONS § 5.52.170
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Article II
Inspection and Testing
§ 5.52.130. Title.
This article shall be known as the "Inspection and Testing of Noncommercial Weighing and Measuring Instruments Ordinance."
(Ord. 18 § 2, 2008, RCC § 5.56.130)
§ 5.52.140. Purpose and authority.
The purpose of the article is to establish a schedule of fees for inspecting and testing certain commercial and noncommercial weighing and measuring instruments when the testing can legally be performed by a registered repairperson. Article I of this chapter provides for owners of commercial weighing and measuring instruments to pay registration fees to partially defray the costs of inspecting and testing the instruments. The Business and Professions Code mandates the inspection and testing of these instruments. However, the City has no provision to recover costs for inspecting and testing instruments that are not mandated by the Business and Professions Code, such as noncommercial devices. The authority for this article is Division 5, Chapter 2, Article 2 (beginning with Section 12210) of the California Business and Professions Code. This article is adopted pursuant to Title 2, Division 2, Part 2, Chapter 1, Article 7 (beginning with Section 25120) of the Government Code.
(Ord. 18 § 2, 2008, RCC § 5.56.140)
§ 5.52.150. Definitions.
Unless otherwise specifically provided or required by the context, certain terms or expressions used in this article have meanings as set forth below:
"Commercial purposes" shall have the meaning assigned to it by Section 12500 of the California Business and Professions Code.
"Sealer" means the sealer of weights and measures of the Department of Agriculture and his or her duly authorized agents.
"Weighing and measuring instruments" means "weighing instruments" or "measuring instruments" as each are respectively defined by Section 12500 of the California Business and Professions Code, excepting therefrom any retail scale used primarily for the purpose of weighing feed and seed.
"Weights and Measures Division" means the Weights and Measures Division of the City of Wildomar.
(Ord. 18 § 2, 2008, RCC § 5.56.150)
§ 5.52.160. Fees.
All fees shall be based on the recommended schedule of fees published by the Division of Measurement Standards, State Department of Food and Agriculture, as revised from time to time.
All fees collected shall be credited to the general fund and used only for the administration and enforcement of laws pertaining to the Weights and Measures Division. (Ord. 18 § 2, 2008, RCC § 5.56.160)
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§ 5.52.170. Fees for noncommercial devices.
A. The fees for the inspection and testing of noncommercial weighing and measuring devices shall be paid in accordance with the following schedule. All charges to be on a portal -to- portal basis plus mileage charges as indicated. Standby time will be computed at the same hourly rate as indicated for the particular device:
Type of Device Price Per Hour
Small-Capacity Scales $ 85.00*
Large-Capacity Scales (all scales
exceeding 3,000 lbs. capacity)
100.00*; 130.00*
Retail Gasoline Dispensers 70.00
Wholesale Petroleum Meters 70.00
Liquefied Petroleum Gas Meters 70.00
All Other Devices 70.00
Notes:
* Mileage charge to be added for scale testing.
One dollar and fifty cents per mile for any vehicle up to 10,000 pounds GVW, plus $85.00 or $100.00 per hour. Two dollars per mile for vehicles 10,000 pounds to 40,000 pounds GVW, plus $100.00 per hour. Two dollars and fifty cents per mile for vehicles exceeding 40,000 pounds GVW, plus $130.00 per hour.
B. An additional fee of equal amount shall be collected when devices are tested after 5:00 p.m. on week-days, or on Saturdays, Sundays and holidays.
C. No devices will be tested between the hours of 8:00 p.m. and 8:00 a.m.
D. Whenever a device cannot be sealed after the first test, and if additional tests are required, a fee of like amount shall be collected for each additional test.
E. Whenever specialized equipment is rented to perform a requested test, the cost of the rented equipment will be prorated to the requesting agency.
F. All requests for inspection will be made in writing. (Ord. 18 § 2, 2008, RCC § 5.56.170)
§ 5.52.180. Fees for commercial devices when requested by owner/user.
A. The fees for the inspection and testing of commercial weighing and measuring devices when requested by owner/user shall be paid in accordance with the following schedule. All charges to be on a portal -to-portal basis plus mileage charges as indicated. Standby time will be computed at the same hourly rate as indicated for the particular device:
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Type of Device Price Per Hour
Small-Capacity Scales $ 85.00*
Large-Capacity Scales (all scales
exceeding 3,000 lbs. capacity)
100.00*; 130.00*
Retail Gasoline Dispensers 70.00
Wholesale Petroleum Meters 70.00
Liquefied Petroleum Gas Meters 70.00
All Other Devices 70.00
Notes:
* Mileage charge to be added for scale testing.
One dollar and fifty cents per mile for any vehicle up to 10,000 pounds GVW, plus $85.00 or $100.00 per hour. Two dollars per mile for vehicles 10,000 pounds to 40,000 pounds GVW, plus $100.00 per hour. Two dollars and fifty cents per mile for vehicles exceeding 40,000 pounds GVW, plus $130.00 per hour.
B. An additional fee of equal amount shall be collected when devices are tested after 5:00 p.m. on week-days, or on Saturdays, Sundays and holidays.
C. No devices will be tested between the hours of 8:00 p.m. and 8:00 a.m.
D. Whenever a device cannot be sealed after the first test, and if additional tests are required, a fee of like amount shall be collected for each additional test.
E. Whenever specialized equipment is rented to perform a requested test, the cost of the rented equipment will be prorated to the requesting agency.
F. All requests for inspection will be made in writing. (Ord. 18 § 2, 2008, RCC § 5.56.180)
§ 5.52.190. Payment of fees and penalties.
Fees for the inspection and testing of weighing and measuring devices shall be due and payable upon completion of the services. Fees not paid upon completion of the services shall be subject to a surcharge of 10% of the total fees together with a charge for costs of collection and attorney fees, if any.
(Ord. 18 § 2, 2008, RCC § 5.56.190)
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§ 5.56.010 BUSINESS REGULATIONS § 5.56.010
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CHAPTER 5.56
ALCOHOLIC BEVERAGES
§ 5.56.010. Sale or furnishing of alcoholic beverages at clothing optional resorts, campgrounds and facilities.
As per the authority granted by Business and Professions Code Section 25750, a clothing optional resort, campground or other facility may furnish or offer for sale to its members and their guests beer, wine and other alcoholic beverages, for consumption on the premises only, provided the following conditions are met.
A. The resort, campground or facility was in existence prior to January 1, 1977; B. The resort, campground or facility is maintained and operated in full compliance with all land use regulations including proper zoning and all conditions specified in any conditional use permit that may be applicable;
C. The Chief of Police has certified in writing that based upon his or her investigation no police or law enforcement problem would be created at the facility or surrounding area by the serving of such alcoholic beverages;
D. The resort, campground or facility has obtained all licenses and clearances that are required from the State Alcohol Control Board and is operating in full compliance with all statutes, laws, regulations and policies relating to the sale of alcoholic beverages. (Ord. 18 § 2, 2008, RCC § 5.60.010)
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CHAPTER 5.60
CONSUMER PROTECTION BUSINESS PERMIT
§ 5.60.010. Title.
This chapter shall be known as the "Consumer Protection Business Permit Ordinance of the City of Wildomar."
(Ord. 18 § 2, 2008, RCC § 5.64.010)
§ 5.60.020. Purpose and authority.
The purpose of this chapter is to establish permitting requirements to identify, monitor and impose penalties on: (1) those persons commercially engaged in the packaging of commodities in advance of sale; and (2) those persons utilizing for commercial purp oses automated systems for retail sale commodity pricing commonly referred to as "scanners." The authority for this chapter is: California Business and Professions Code Sections 12009, 12011, 12011.6, 12012.1, 12013, 12015, 12015.3,12015.5, 12024.2, 12024.6, 12028, 12103.5, 12211, 12609 and 12736; California Government Code Section 25132; and California Code of Regulations, Title 4, Section 4500 et seq.
(Ord. 18 § 2, 2008, RCC § 5.64.020)
§ 5.60.030. Definitions.
Unless otherwise specifically provided or required by the next context, certain terms or expressions used herein have meanings as set forth below:
"Advertise" means a notice to attract public attention. "Commercial purpose" means any sale of a commodity or thing by a person. "Commodity" means any article of commerce or anything that is bought or sold. "Department" means the Weights and Measures Division of the City of Wildomar. "Location" means any room, enclosure, building, vehicle, space or area at a single place. "Packer" means any person engaged in wrapping or packaging of a commodity within the City prior to and for the purpose of sale wherein the item wrapped or packaged is sold on the basis of weight, count, volume or area.
"Person" means any person, firm, corporation, business or association. "Point of sale station" means individual and separate equipment that is capable of recovering electrically stored price information used to charge consumers for the purchase of commodities. "Point of sale station" shall include, but is not limited to, equipment that uses Universal Product Code scanners, price look -up codes, or any other system that relies on the retrieval of electronically stored information to complete a transaction of commerce between a retailer and consumer.
"Sell" or "sale" includes barter, exchange, trade, keep for sale, offer for sale or expose for sale in any of their variant forms.
(Ord. 18 § 2, 2008, RCC § 5.64.030)
§ 5.60.040. Permit required.
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A. The following must obtain a permit in accordance with the provisions of this chapter prior to the sale of any commodity: (1) any packer, and (2) any person who uses a point of sale station.
B. Separate permits are required if a person is a packer and also uses a point of sale station. A separate permit is required for each location. The permit shall be in addition to any other certificate, license, or permit which may be required by the City or any other public entity.
C. Permits shall be issued upon written application to the Department on a form furnished by the Department and payment of applicable fees.
D. The following shall be exempt from this permit requirement: Packers of less than 10,000 packages per year and wholesale agricultural packers.
(Ord. 18 § 2, 2008, RCC § 5.64.040)
§ 5.60.050. Permit term.
The term of each permit shall be from July 1st through June 30th of the following year. Renewal of a permit shall be made in a manner similar to the issuance of the original permit. Permits not renewed by July 31st shall be considered expired until such time as the permit fee and applicable penalty have been received by the Department. Permits shall be readily available to any official of the Department.
(Ord. 18 § 2, 2008, RCC § 5.64.050)
§ 5.60.060. Permit not transferable.
Permits shall not be transferable between persons or locations. Permits shall not be used by subcontractors or sublessees. Only permit holders (including their employees) shall be allowed to engage in activities regulated under the permit.
(Ord. 18 § 2, 2008, RCC § 5.64.060)
§ 5.60.070. Permit fees.
A. The fee for any packer or person using a point of sale station shall be as follows:
1. Packers.
a. Packers of less than 10,000 packages per year: Exempt. b. Packers of 10,000 or more packages per year: $300.00.
2. Point of Sale Stations.
a. One to three stations: $160.00.
b. Four to nine stations: $240.00.
c. More than nine stations: $300.00.
B. To any permit fee not submitted by July 31st of the year for which the fee is due, there shall be added a late fee as follows:
1. To any permit fee paid late between July 31st and September 30th of the year for which the fee is due, there shall be added a penalty fee of $50.00. 182
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2. If a permit fee is not paid by September 30th of the year for which the fee is due, then the permit shall become invalid and the permit shall be reinstated only upon payment of an amount which is double the amount of the permit fee due. (Ord. 18 § 2, 2008, RCC § 5.64.070)
§ 5.60.080. Lost permit.
If a current permit has been lost, the person to whom it was issued may obtain a replacement from the Department upon payment of a replacement fee of $10.00. (Ord. 18 § 2, 2008, RCC § 5.64.080)
§ 5.60.090. Violations—Penalties.
A. It shall be unlawful for any person to violate any provision of the ordinance codified in this chapter, or to violate the provisions of any permit granted pursuant to this chapter. Any person violating any provision of this chapter or the provisions of any permit granted pursuant to this chapter, shall be deemed guilty of an infraction or misde meanor as hereinafter specified. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter or the provisions of any permit granted pursuant to this chapter, is committed, continued or permitted.
B. Any person so convicted shall be: (1) guilty of an infraction offense and punished by a fine not exceeding $100.00 for a first violation; (2) guilty of an infraction offense and punished by a fine not exceeding $200.00 for a second violation. The third and any additional violations shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding $1,000.00 or six months in jail, or both.
C. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor.
D. Payment of any penalty herein shall not relieve a person from the responsibility for correcting the violation.
(Ord. 18 § 2, 2008, RCC § 5.64.090)
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CHAPTER 5.64
LICENSURE OF TOBACCO RETAILERS
§ 5.64.010. Purpose and intent.
The City of Wildomar has a substantial interest in promoting compliance with federal, state, and local laws intended to regulate tobacco sales and use; in discouraging the illegal purchase of tobacco products by minors; in promoting compliance with laws prohibiting sales of cigarettes and tobacco products to minors; and finally, and most important ly, in protecting children from being lured into illegal activity through the misconduct of adults. It is the intent of this chapter to encourage responsible tobacco retailing and to discour age violations of tobacco -related laws, especially those that prohibit or discourage the sale or distribution of tobacco products to minors, but not to expand or reduce the degree to which the acts regulated by federal or state law are criminally proscribed or to alter the penalty provided therefor. (Ord. 18 § 2, 2008, RCC § 5.68.010)
§ 5.64.020. Definitions.
For the purposes of this chapter, the following words and terms shall have the following meanings:
"Arm's length transaction" means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for the primary purpose of avoiding the effect of the violations of the ordinance codified in this chapter is presumed not to be an arm's length transaction. "Department" means the City health officer or designee. "Hookah lounge" means any facility, building, structure, or location where customers smoke tobacco or other substances through one or more hookah pipes (also commonly referred to as a hookah or waterpipe).
"Person" means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity. "Proprietor" means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a 10% or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have, or can or does share, ultimate control over the day-to-day operations of a business. "Self-service display" means the open display of tobacco products or tobacco paraphernalia in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer. A vending machine is a form of self-service display. "Smoking" means possessing a lighted tobacco product, tobacco paraphernalia, or any other weed or plant (including a lighted pipe, lighted cigar, or lighted cigarette of any kind), the lighting of a tobacco product, tobacco paraphernalia, or any other weed or plant (including a pipe, cigar, or cigarette of any kind).
"Tobacco paraphernalia" means any item designed or marketed for the consumption, use or preparation of tobacco products.
"Tobacco product" means any of the following:
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1. Any product containing, made from, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, ci garettes, cigars, little cigars, chewing tobacco, pipe tobacco, and snuff.
2. Any electronic smoking or vape device.
3. Any component, part or accessory of a tobacco product, whether or not it is sold separately. "Tobacco retailing business" means any new retail business in which at least 15% of the floor or display area is devoted to tobacco products, tobacco paraphernalia or both. "Vapor lounge" means any facility, building, structure, or location where customers use one or more electronic smoking devices to deliver an inhaled dose of nicotine or other substance within the establishment.
(Ord. 18 § 2, 2008, RCC § 5.68.020; Ord. 172 §§ 5, 6, 2019)
§ 5.64.030. Tobacco license prerequisite—Application process.
A. It is unlawful for any person to act as a tobacco retailer without first obtaining and maintaining a valid tobacco retailer's license pursuant to this chapter for each location at which that activity is to occur. Tobacco retailing without a valid tobacco r etailer's license shall constitute a public nuisance.
B. A tobacco retailer or proprietor without a valid tobacco retailer license, including, for example, a revoked license:
1. Shall keep all tobacco products and tobacco paraphernalia from public view. The public display of tobacco products or tobacco paraphernalia in violation of this provision shall constitute an "offer for sale."
2. Shall not display any advertisement relating to tobacco products or tobacco paraphernalia that promotes the sale or distribution of such products from the tobacco retailer's location or that would lead a reasonable consumer to believe that such products can be obtained at the tobacco retailer's location.
C. Nothing in this chapter shall be construed to grant any person obtaining and maintaining a tobacco retailer's license any status or right other than the right to act as a tobacco retailer at the location in the City identified on the face of the license. For example, nothing in this chapter shall be construed to render inapplicable, supersede, or apply in lieu of any other provision of applicable law, including, without limitation, any condition or limitation on smoking in enclosed places of employment made applicable to business establishments by California Labor Code Section 6404.5.
D. Application for a tobacco retailer's license shall be submitted in the name of each proprietor proposing to conduct retail tobacco sales and shall be signed by each proprietor or an authorized agent thereof. It is the responsibility of each proprietor to be informed of the laws affecting the issuance of a tobacco retailer's license. A license that is issued in error or on the basis of false or misleading information supplied by a proprietor shall be revoked pursuant to Section 5.64.090(D) of this chapter.
E. In addition to any other penalty under this chapter a person found to have engaged in tobacco retailing without a valid tobacco retailer's license shall be ineligible to apply for or 185
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be issued a tobacco retailing license according to the following:
1. After a first violation for a person within any 60 -month period, no new license may issue for the person as a proprietor until 30 days have passed from the date of last violation.
2. After a second violation for a person within any 60-month period, no new license may issue for the person as a proprietor until 90 days have passed from the date of last violation.
3. After three or more violations for a person within any 60-month period, no new license may issue for the person as a proprietor until five years have passed from the date of last violation.
4. Each day that a person engages in tobacco retailing without a valid tobacco retailer's license shall constitute a separate violation.
F. Tobacco products and tobacco paraphernalia offered for sale or exchange in violation of this chapter are subject to seizure and forfeiture. Forfeited tobacco products and tobacco paraphernalia shall be destroyed.
G. All applications shall be submitted on a form supplied by the Department and shall contain the following information:
1. The name, address, and telephone number of each proprietor.
2. The business name, address, and telephone number of the single fixed location for which a tobacco retailer's license is sought.
3. The name and mailing address authorized by each proprietor to receive all license - related communications and notices (the "authorized address"). If an authorized address is not supplied, each proprietor shall be understood to consent to the provision of notice at the business address specified in subsection (G)(2) of this section.
4. Proof that the location for which a tobacco retailer's license is sought has been issued a valid state tobacco retailer's license by the California Board of Equalization.
5. Whether or not any proprietor is a person who has been determined to have violated the ordinance codified in this chapter or has been a proprietor at a location that has been determined to have violated the ordinance codified in this chapter and, if so, the dates and locations of all such violations.
6. Such other information as the Department deems necessary for the administration or enforcement of this chapter.
(Ord. 18 § 2, 2008, RCC § 5.68.030)
§ 5.64.040. License issuance—Standards.
A. No license shall be issued by the City authorizing a tobacco retailing business, including hookah lounges and vapor lounges, for any location other than a fixed location which shall be at least 600 feet away from any public/private schools or public/private parks. In addition, tobacco retailing business, including hookah lounges and vapor lounges, by persons on foot or from vehicles are strictly prohibited. 186
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B. Upon the receipt of an application for a tobacco retailer's license and the license fee, the Department shall issue a license unless substantial record evidence demonstrates that one of the following bases for denial exists:
1. The application is incomplete or inaccurate.
2. The application seeks authorization for tobacco retailing at a location for which a prohibition on issuing licenses is in effect pursuant to Section 5.64.090(B) of this chapter. However, this subsection shall not constitute a basis for denial of a license if the applicant provides the City with documentation demonstrating by clear and convincing evidence that the applicant has acquired or is acquiring the location or business in an arm's length transaction.
3. The application seeks authorization for tobacco retailing for a proprietor for which a prohibition on issuing licenses is in effect pursuant to Section 5.64.090(B) of this chapter.
4. The application seeks authorization for tobacco retailing that is prohibited pursuant to subsection A of this section, that is unlawful pursuant to any other ordinance, or that is unlawful pursuant to any other local, state, or federal law. (Ord. 18 § 2, 2008, RCC § 5.68.040; Ord. 172 § 7, 2019)
§ 5.64.050. Licenses nontransferable.
A. A tobacco retailer's license is nontransferable. If the information required in the license application pursuant to Section 5.64.030(G)(1) through (3) changes, a new tobacco retailer's license is required before the business may continue to act as a tobacc o retailer. For example, if a proprietor to whom a license has been issued changes business location, that proprietor must apply for a new license prior to acting as a tobacco retailer at the new location. Or if the business is sold, the new owner must apply for a license for that location before acting as a tobacco retailer.
B. Notwithstanding any other provision of this chapter, violations accumulated against a location or business shall continue to be counted against the location or business unless the location or business has been transferred to a new proprietor and the new proprietor provides the City with documentation demonstrating by clear and convincing evidence that the new proprietor has acquired or is acquiring the location or business in an arm's length transaction. (Ord. 18 § 2, 2008, RCC § 5.68.050)
§ 5.64.060. Fees for license.
A tobacco retailer license is invalid unless the appropriate fee has been paid in full and the term of the license has not expired. The term of a tobacco retailer license is one year. Each tobacco retailer shall apply for the renewal of his or her tobacco re tailer's license no later than 30 days prior to expiration of the term.
(Ord. 18 § 2, 2008, RCC § 5.68.060)
§ 5.64.070. Other requirements and prohibitions.
A. Display of License. Each license shall be prominently displayed in a publicly and readily visible location at the licensed location.
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B. Positive Identification Required. No person shall engage in tobacco retailing without first examining the identification of the purchaser, if the purchaser reasonably appears under the age of 27 years old, and confirming that the proposed sale is to a purchaser who is at least the minimum age in state law for being sold the tobacco product or tobacco paraphernalia.
C. Minimum Age for Persons Selling Tobacco. No person shall engage in tobacco retailing if the person is younger than the minimum age in state law for being sold or for possessing any tobacco product.
D. Self-Service Displays Prohibited. No person shall display tobacco products or tobacco paraphernalia by means of a self-service display or to engage in tobacco retailing by means of a self -service display. A tobacco retailer who chooses to display tobacco products or tobacco paraphernalia in a locked cabinet, case or similar structure must post a clear and conspicuous sign on or within five feet of the display stating that th e cabinet, case or structure is locked at all times.
E. Tobacco retailing businesses, hookah lounges and vapor lounges are only permitted in the C-1/C-P and C-P-S zones provided they are at least 600 feet away from any public/private school or public/private park, and subject to the tobacco licensing requirements of Chapter
5.64 of this Code.
(Ord. 18 § 2, 2008, RCC § 5.68.070; Ord. 172 § 8, 2019)
§ 5.64.080. License violation.
A. Violation of Tobacco-Related Laws. It shall be a violation of a tobacco retailer's license for a licensee, including his or her agent or employee, to violate any of the following laws:
1. Any local, state, or federal tobacco-related law.
2. Local, state, or federal sign laws.
3. Local, state, or federal laws restricting the age of purchase for any product.
B. License Compliance Monitoring.
1. Compliance with this chapter shall be monitored by the Department. Any peace officer may enforce the penal provisions of this chapter.
2. The Department shall check the compliance of each tobacco retailer at least three times per 12-month period. The department may check the compliance of tobacco retailers previously found to be in compliance a fewer number of times so that the Department may check the compliance of tobacco retailers previously found in violation a greater number of times.
3. Compliance checks shall determine, at a minimum, if the tobacco retailer is conducting business in a manner that complies with tobacco laws regulating youth access to tobacco. When appropriate, the compliance checks shall determine compliance with other tobacco-related laws.
4. The City shall not enforce any tobacco-related minimum-age law against a person who otherwise might be in violation of such law because of the person's age (hereinafter "youth decoy") if the potential violation occurs when:
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a. The youth decoy is participating in a compliance check supervised by a peace officer or a code enforcement official; or
b. The youth decoy is participating in a compliance check funded in part, either directly or indirectly through sub-contracting, by the Department of Health and Human Services or funded in part, either directly or indirectly through sub - contracting, by the California Department of Health Services.
C. No Contest Plea. A plea of "no contest" or its equivalent by a tobacco retailer for a violation of any law designated in subsection A above shall operate as an admission that this chapter has been violated for the purposes of license revocation. (Ord. 18 § 2, 2008, RCC § 5.68.080)
§ 5.64.090. Revocation of license.
A. Revocation of License for Violation.
1. In addition to any other penalty authorized by law, a tobacco retailer's license shall be revoked if the hearing officer finds, after notice to the licensee and opportunity to be heard, that the licensee, including his or her agents or employees, has violated any of the requirements, conditions, or prohibitions of this chapter (hereinafter "license violation").
2. No attorney may take part in the defense of a license revocation proceeding unless the attorney's participation meets any exception for attorneys appearing in small claims court under California Code of Civil Procedure Section 116.530. This prohibition shall not apply if the City elects to be represented by an attorney in the proceeding and notice of the election is include in the notice given pursuant to subsection (A)(1) of this section.
3. For a first or second alleged license violation within any 60 -month period, the City Attorney may engage in settlement negotiations and may enter into a settlement agreement with a tobacco retailer alleged to have violated this chapter without approval from the City Council. Settlements shall not be confidential and shall contain the following minimum terms:
a. After an alleged first license violation at a location within any 60-month period:
i. An agreement to stop acting as a tobacco retailer for at least one day; ii. A settlement payment to the City of at least $1,000.00; and iii. An admission that the violation occurred and a stipulation that the violation will be counted when considering what penalty will be assessed for any future violations.
b. After an alleged second license violation at a location within any 60 -month period:
i. An agreement to stop acting as a tobacco retailer for at least 10 days; ii. A settlement payment to the City of at least $5,000.00; and iii. An admission that the violation occurred and a stipulation that the 189
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violation will be counted when considering what penalty will be assessed for any future violations.
B. New License after Revocation for Violation.
1. After a first license violation at a location within any 60-month period, no new license may issue for the location until 10 days have passed from the date of the last revocation or violation, which-ever is later.
2. After a second license violation at a location within any 60 -month period, no new license may issue for the location until 30 days have passed from the date of the last revocation or violation, whichever is later.
3. After of a third license violation at a location within any 60 -month period, no new license may issue for the location until 90 days have passed from the date of the last revocation or violation, whichever is later.
4. After four or more license violations at a location within any 60-month period, no new license may issue for the location until five years have passed from the date of the last revocation or violation, whichever is later.
C. Expiration of License. A tobacco retailer's license that is not timely renewed pursuant to Section 5.64.060 shall expire at the end of its term. To reinstate a license that has expired due to the failure to timely pay the renewal fee, the proprietor must:
1. Submit the renewal fee plus a reinstatement fee of 10% of the renewal fee.
2. Submit a signed affidavit affirming that the proprietor has not sold any tobacco product or tobacco paraphernalia during any period that the license was expired.
D. Revocation of License Issued in Error. A tobacco retailer's license shall be revoked if the Department finds, after notice and opportunity to be heard, that one or more of the bases for denial of a license under Section 5.64.040(B) existed at the time application was made or at any time before the license was issued. The revocation shall be without prejudice to the filing of a new application for a license.
(Ord. 18 § 2, 2008, RCC § 5.68.090)
§ 5.64.100. Enforcement.
The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.
A. Whenever evidence of a violation of this chapter is obtained in part through the participation of a person under the age of 18 years old, such a person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this chapter and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented.
B. Violations of this chapter are subject to a civil action brought by the City Attorney punishable by:
1. A fine not less than $250.00 and not exceeding $1,000.00 for a first violation in any 60-month period; or
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2. A fine not less than $1,500.00 and not exceeding $2,500.00 for a second violation in any 60-month period; or
3. A fine not less than $3,000.00 and not exceeding $10,000.00 for a third or subsequent violation in any 60-month period.
C. Violations of this chapter may, in the discretion of the City Attorney, be prosecuted as infractions or misdemeanors.
D. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall constitute a violation.
E. Violations of this chapter are declared to be public nuisances.
F. In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be remedied by a civil action brought by the City Attorney, including, but not limited to, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. (Ord. 18 § 2, 2008, RCC § 5.68.100)
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CHAPTER 5.68
BUSINESS REGISTRATION PROGRAM
§ 5.68.010. Statement of purpose and intent.
The purpose of the provisions of this chapter is solely to provide for necessary regulation of lawful businesses being conducted within the City, in order to protect the public health, safety, and welfare of the people of the City of Wildomar. Business registration fees charged under the provisions of this chapter shall be revenue neutral in that they may not exceed the reasonable costs of providing the regulatory services included in the business registration program. No business registration fee charged under the provisions of this chapter shall be construed as a business registration tax.
(Ord. 18 § 2, 2008, RCC § 5.72.010)
§ 5.68.020. Definitions.
As used in this chapter:
"Business" means and includes professions, trades, vocations, enterprises, establishments, occupations, and all and every kind of calling, any of which are conducted, transacted or carried on for the purpose of earning in whole or in part a profit or livelihood, whether or not a profit or livelihood actually is earned thereby, whether paid in money, goods, labor, or otherwise. This definition shall apply to business establishments located within the City that are operated at a fixed physical location and those that are operated on a mobile basis by a mobile operator as defined in this section.
"City" means the City of Wildomar and its respective agencies and departments thereof. "Home occupation" means those uses that are customarily conducted in a residence, provided that such uses must be incidental and secondary to the principal use of a dwelling as a residence.
The following criteria shall apply to any home occupation:
1. Except for large family day care homes which may require two assistants and small family day care homes which may require one assistant to be present in addition to the licensee or provider, no person other than a resident of the dwelling shall be employed on the premises in the conduct of a home occupation;
2. A home occupation shall be conducted entirely within the dwelling and shall be incidental and secondary to the use of the dwelling as a residence;
3. A home occupation shall not be conducted in an accessory structure and there shall be no storage of equipment or supplies in an accessory structure or outside building;
4. The residential character of the exterior and interior of the dwelling shall not be changed;
5. No vehicles or trailers except those normally incidental to residential use shall be kept on the site; and
6. No signs other than one unlighted identification sign, not more than two square feet in area, shall be erected on the premises.
"Business registration inspector" means any employee, agent, representative or contractor designated by the City Manager, or designee, of the City to carry out business registration inspections under the provisions of this chapter.
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"Local law enforcement or governmental entities" means any city, charter city, county, charter county, or city and county, or the respective agencies and departments thereof, in the State of California.
"Mobile operator" means and refers to those businesses that are operated on a mobile basis utilizing a motor vehicle to visit customer locations to carry out business-related services.
This term shall be expressly limited to those mobile -operated businesses involving: mobile automobile or other motor vehicle washing; pest control services; mobile carpet, drape or furniture cleaning; concrete mixing or cutting; masonry; painting and coating; landscaping; pool and fountain cleaning; and Port-a-Potty or other portable toilet servicing. "Nuisance" shall have the same meaning as set forth in California Civil Code Section 3479. "Person" means and includes all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, common -law trusts, societies, and individuals conducting, transacting or carrying on any lawful business within the City other than as an employee.
"Productive hourly rate" means and refers to the fully burdened hourly rates for each job classification required to provide a specified service. Hourly rates for services shall be established through the yearly budget process and adopted by the City Council as part of the City budget public hearings.
"Retail greenhouses" means and refers to all commercial greenhouses other than those that are licensed by the State of California in the "producer" category to grow and sell nursery stock in the amount of $1,000.00 or more in one year and that are inspecte d by the County Agricultural Commissioner pursuant to California Food and Agricultural Code Sections6701 et seq. and any applicable state regulations promulgated thereto.
"Retail nurseries" means and refers to all commercial nurseries other than those that are licensed by the State of California in the "producer" category to grow and sell nursery stock in the amount of $1,000.00 or more in one year and that are inspected by the County Agricultural Commissioner pursuant to California Food and Agricultural Code Sections 6701 et seq. and any applicable state regulations promulgated thereto.
"Sworn statement" means a written affidavit, declaration, or statement made under penalty of perjury under the laws of the State of California.
(Ord. 18 § 2, 2008, RCC § 5.72.020)
§ 5.68.030. Business registration required.
Every person conducting or carrying on a business as defined in this chapter anywhere in the City shall register by obtaining a business registration. A separate business registration shall be obtained for each physical location (including branch establishments) or for each business operated on a mobile basis by a mobile operator as defined in this chapter. Notwithstanding anything in this code to the contrary, a vendor or other person conducting a discrete, temporary business activity pursuant to and within the scope of a duly approved Temporary Event Permit (TEP) or Temporary Use Permit (TUP) issued to a permittee/operator shall not be required to obtain a separate business registration solely for such activity. (Ord. 18 § 2, 2008, RCC § 5.72.030)
§ 5.68.040. Fee Exemption.
The payment of business registration fees contained in this chapter, including inspection and enforcement fees as provided in Sections 5.68.100 and 5.68.130 of this chapter, 193
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shall not be required for those businesses falling within any of the exempt categories described in this section so long as a timely claim of exemption is filed with the City. Any person claiming an exemption pursuant to the provisions of this section shall, within 60 calendar days of being sent the initial written notification of the requirement to obtain a business registration, make a claim with the City and present all documentation substantiating the claim. If such evidence is presented in an untimely manner, such person shall be liable for the payment of the business registration fees imposed by this chapter, including inspection and enforcement fees as provided in Sections
5.68.100 and 5.68.130 of this chapter.
A. Churches, Temples or Other Places of Worship. Churches, temples or other places of worship, to the extent of their use for worship, religious education or the social affairs of the religious group are exempt as provided in this section. This exemption shal l not apply to other activities, which are not undertaken primarily for members of the religious group, including, but not limited to, day schools, social service programs or church -owned or operated business enterprises.
B. Agriculture. The following agricultural activities are exempt as provided in this section:
agricultural pursuits consisting of the growing of crops, raising of livestock, and dairying, including auxiliary and ancillary uses incidental to the operation of a farm or ranch, consisting of the purchase and storage of substances, materials, supplies, animal feeds and produce, and the marketing of farm products; provided however, that a business registration shall be required in connection with any of the following:
1. Retail nurseries;
2. Retail greenhouses; and
3. Wholesaling, processing, storage or manufacturing use which involves assembly of the products of multiple farms or ranches by a cooperative or other business enterprise for marketing distribution.
C. Federal or State Law. The provisions of this chapter shall not be deemed or construed to apply to any person transacting or carrying on any business exempt by virtue of the Constitution or applicable statutes of the United States or of the State of California from the payment of such regulatory business registration fees charged pursuant to this chapter, including but not limited to the following:
1. Alcoholic beverages: manufacture, sale, purchase, possession, and transportation (see California Constitution Art. XX, §22);
2. Bail bond agents (see Insurance Code Section 1800 et seq.);
3. Banks and financial corporations (see Revenue and Taxation Code Section23182);
4. Blind person operating a vending facility (see Welfare and Institutions Code Section 19633);
5. Café musicians (see Business and Professions Code Section 16000.5);
6. Insurance company that pays an in -lieu tax or premium (see California Constitution Art. XIII, Section 28);
7. Intercity transportation business (see Public Utilities Code Section 5327); 194
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8. Laundry equipment (see Business and Professions Code Section 16002.2);
9. Public utility franchise (see Public Utilities Code Sections 1011, 6001);
10. Real estate auctioneer (see Business and Professions Code Section16002.1);
11. Veterans (see Business and Professions Code Sections 16000.7, 16001,16001.5, 16001.7); and
12. Wholesaler/commercial traveler (see Business and Professions Code Section 16002).
D. Nonprofit Organizations. Any nonprofit organizations that are legally recognized as tax - exempt pursuant to the provisions of 26 U.S.C. Section 501(c)(3) are exempt as provided in this section.
E. Residential Facilities. Licensed residential care facilities exempt from local business registration requirements under Health and Safety Code Sections1523.1(b)(4), 1566.2, 1568.05(b)(2), 1569.185(b)(2), 1596.803(b)(2), or 1597.45(b) are exempt as provided in this section.
(Ord. 18 § 2, 2008, RCC § 5.72.040; Ord. 173 § 4, 2019)
§ 5.68.050. Evidence of doing business.
The following circumstances shall be considered prima facie evidence that a person is conducting business in the City: where any person, by use of any sign, circular, card, brochure, telephone book, magazine, newspaper, website, electronic media or other publication, shall advertise, hold out or by any other means represent that the person is in business in the City, or when any person holds an active license or permit issued by a governmental agency indicating that the person is in business in the City, and such person fails upon request of the City to sign and provide to the City a sworn statement attesting that such person is not conducting or carrying on a business from the City. The City shall provide a form for the purposes of the sworn statement required by this section.
(Ord. 18 § 2, 2008, RCC § 5.72.050)
§ 5.68.060. Application and issuance of business registration.
A. Application Contents. Any person required to obtain a business registration pursuant to this chapter shall apply therefor by submitting the information required by the City. Such information shall be a sworn statement, upon a n approved form provided by the City, that may include the name of the applicant, the ownership of the business involved, and the any other information necessary, as determined by the City , to enable it to issue a business registration for which the application is made.
B. Issuance. A business registration shall be issued upon satisfactory completion of an application and payment of the fee prescribed in this chapter. Such registration shall remain in full force and effect for a period of one year unless one of the following events takes place: business changes address or name, business is discontinued or business ownership changes.
C. Fee. A standard fee shall be charged by the City to cover the reasonable costs of providing the regulatory services included in the business registration program. The business registration holder shall also be subject to periodic supplemental charges by the City in the form of an additional inspection and enforcement fee as provided in Sections 5.68.100 and
5.68.130 of this chapter. No fee charged under the provisions of this chapter shall be construed as a tax.
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(Ord. 18 § 2, 2008, RCC § 5.72.060)
§ 5.68.070. Renewal of business registration.
Any person who has obtained a business registration pursuant to this chapter shall apply for renewal on an annual basis prior to expiration of the then-current business registration term. Such renewal application shall be accompanied by payment of the fee prescribed by this chapter. (Ord. 18 § 2, 2008, RCC § 5.72.070)
§ 5.68.080. Nontransferable—Change of location or ownership, name of business.
No business registration issued pursuant to this chapter shall be automatically transferable; provided however, that where a registration is issued indicating a person is conducting, transacting or carrying on a business at a particular place under a particular name, such registration holder, upon application therefor, and payment of a change fee may obtain a new registration showing some other location within the City and/or name of the business and/or business ownership change. A new business registration shall be required as provided in Section 5.68.030 of this chapter in the event that there are any other changes than described in this section that take place with regard to a business.
(Ord. 18 § 2, 2008, RCC § 5.72.080)
§ 5.68.090. Duplicate Registration.
A duplicate registration may be issued to replace any registration issued hereunder which has been lost or destroyed where such registration holder submits a statement of such fact and provides payment of a duplicate registration fee prescribed by this chapter. (Ord. 18 § 2, 2008, RCC § 5.72.090)
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§ 5.68.100. Business registration fees.
The purpose of the provisions of this chapter is solely to provide for necessary regulation of lawful businesses being conducted within the City, in order to protect the public health, safety, and welfare of the people of the City. Business registration fees charged under the provisions of this chapter shall be revenue-neutral in that they may not exceed the reasonable costs of providing the regulatory services included in the business registration program. No fee charged under the provisions of this chapter shall be construed as a business tax. The fees associated with the business registration program will be set by City Council resolution. (Ord. 18 § 2, 2008, RCC §
5.72.100; Ord. 173 § 1, 2019)
§ 5.68.110. Contents of business registration—Display required.
A. Every person who has submitted a satisfactory application and who has paid the required fee, as provided in this chapter, shall be issued a business registration, which contains the following information:
1. The name of the person to whom the registration is issued;
2. The name of the business;
3. The physical location where such business is to be transacted and carried on;
4. The date of expiration of such registration; and
5. Such other information as may be necessary for the enforcement of the provisions of this chapter.
B. Any person conducting, transacting or carrying on a business at a fixed location in the City shall keep the business registration posted in a conspicuous place in plain public view upon the physical premises where such business is taking place.
C. Any person conducting, transacting or carrying on a business but not operating at a fixed location in the City shall always keep the business registration on his or her person while conducting, transacting or carrying on the business for which it is issued. Such person shall display the business registration to any inspector, code enforcement officer, peace officer or any other authorized representative employed by the City upon request. (Ord. 18 § 2, 2008, RCC § 5.72.110)
§ 5.68.120. Business inspectors.
Business inspectors may enter free of charge, at any time, any place of business for which a business registration is required by this chapter and demand the display of any such registration by any person engaged or employed in the transaction or carrying on of such business. (Ord. 18 § 2, 2008, RCC § 5.72.120)
§ 5.68.130. Water quality inspections and enforcement—Additional registration fees.
A business inspector, code enforcement officer or peace officer employed by the City may enter free of charge, at any time, any place of business for which a business registration is required by this chapter and inspect the premises, grounds, facilities and structures located therein for compliance with water quality requirements imposed by Title 15 and Chapter 13.12, California Water Code Sections 13000 et seq. (Porter-Cologne Water Quality Control Act), Title 33 U.S.C. Sections 1251 et seq. (Clean Water Act) and any applicable state or federal regulations promulgated thereto, and any related administrative 197
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orders or permits issued in connection therewith. Failure to maintain the business premises, grounds, facilities and structures located therein in compliance with water quality requirements is a violation of this chapter. The City may initiate enforcement actions against business registration holders whose business premises are found upon inspection to be in violation of water quality requirements. The business registration holder shall be liable to the City for an additional inspection and enforcement fee based on the hourly rates provided in Section 5.68.100 of this chapter.
(Ord. 18 § 2, 2008, RCC § 5.72.130)
§ 5.68.140. False statements.
Every person who makes any false statement or representation in any application for a business registration commits a violation of this chapter.
(Ord. 18 § 2, 2008, RCC § 5.72.140)
§ 5.68.150. Unlawful business.
No business registration issued pursuant to this chapter shall be construed as authorizing the conduct of or continuance of any occupation, use or activity of any kind which is prohibited by City ordinance, state or federal law or regulation.
(Ord. 18 § 2, 2008, RCC § 5.72.150)
§ 5.68.160. Violation—Penalty.
Any person in violation of this chapter is subject to the procedures and penalties set forth in Chapter 1.16.
(Ord. 18 § 2, 2008, RCC § 5.72.160)
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CHAPTER 5.72
ROADSIDE VENDING
§ 5.72.010. Purpose, intent, and findings.
A. The purpose and intent of this chapter is to protect the public safety and welfare against the problems created by the proliferation of Roadside Vending in the City. The increase in the number of unregulated roadside vendors has created significant public safety and welfare concerns in the City.
B. The City Council finds that the regulation and prohibition of the Roadside Vending activities specified in this chapter are necessary to prevent significant health and traffic hazards causing bodily harm to persons in the City. Further, the City Council finds that the Roadside Vending activities within the public road right -of-way may cause automobile accidents that could result in serious and fatal bodily harm to citizens traveling through and living within the City, and for those reasons, additional regul ation of roadside vendors is needed.
(Ord. 18 § 2, 2008, RCC § 5.76.010; Ord. 176 § 2, 2020)
§ 5.72.020. Definitions.
Whenever, in this chapter, the following terms are used, they shall have the meaning ascribed to them in this section. If not otherwise defined in this section, all terms shall have their ordinary meaning.
"Department of Environmental Health" means the Riverside County Department of Environmental Health.
"Enforcement officer" means all of the following:
1. The Riverside County Director of Environmental Health and duly authorized designees;
2. The Wildomar Chief of Police and duly authorized designees; and
3. The Wildomar Public Works Director and/or City Engineer and duly authorized designees; and
4. The Wildomar Community Development Director and duly authorized designee. "Public road right -of-way" means 40 feet from the pavement edge of any road, public street, private street, intersection, County highway or alley up to, but not within, the boundaries of the adjacent private properties.
"Residential street" means any public or private street within a residence district as defined within California Vehicle Code Section 515.
"Roadside vending" means the offering or displaying for sale or selling of any food, merchandise, goods, or wares, from a vehicle.
"Street" means any road, public street, private street, intersection, County highway or alley. "Vehicle" means a motorized vehicle as defined in California Vehicle Code Section 670. "Vendor" means any person that engages in vending activities including from a lawfully parked vehicle.
(Ord. 18 § 2, 2008, RCC § 5.76.020; Ord. 176 § 2, 2020) 199
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§ 5.72.030. Prohibition.
No person shall offer or display for sale or sell any food, merchandise, goods, or wares within the public road right-of-way, road median, or street unless otherwise allowed under Section 5.72.040 of this chapter.
(Ord. 18 § 2, 2008, RCC § 5.76.030; Ord. 176 § 2, 2020)
§ 5.72.040. Roadside vending from lawfully parked vehicle on residential streets.
A person may engage in roadside vending from a lawfully parked vehicle on a residential street, provided the following restrictions are followed:
A. No person roadside vending from a lawfully parked vehicle shall operate any time from one-half hour after sunset to one-half hour before sunrise and any other time when visibility is not sufficient to render clearly discernible any person or vehicle on the highway at a distance of 1,000 feet, unless in conjunction with a special event as set forth in Title 17.
B. No person shall engage in roadside vending from a lawfully parked vehicle at one fixed location longer than necessary to complete a sales transaction. Such sale shall not exceed five minutes.
C. No vendor shall leave any location without first picking up, removing and disposing of all trash or refuse remaining as the result of sales.
(Ord. 18 § 2, 2008, RCC § 5.76.040; Ord. 176 § 2, 2020)
§ 5.72.050. Compliance with other applicable law.
A. Any vendor who engages in roadside vending activities that fall within the specified exception in Section 5.72.040 of this chapter or beyond the public road right -of-way on private property shall comply with otherwise applicable laws, including business licensing, permitting and zoning requirements.
B. Any vendor engaged in the retail sale of food shall obtain a food facility permit from the Department of Environmental Health.
(Ord. 18 § 2, 2008, RCC § 5.76.050; Ord. 176 § 2, 2020)
§ 5.72.060. Enforcement.
A. In addition to any criminal, civil, or administrative action that may be taken pursuant to Chapter 1.16, an enforcement officer may seize any goods, wares, merchandise, perishable or nonperishable foods, and/or equipment, including pushcarts, but not including vehicles, used in violation of this chapter pending an administrative hearing before the Director of Code Enforcement or authorized designee as set forth in subsection B of this section. At the time of seizure, the seller shall be served by the enforcement officer with an itemized receipt identifying the seized items, and a notice of hearing, which shall have the date, time, and place (address) of the hearing on the seized items. The said hearing must be held within 10 business days following the service of receipt and notice of hearing for the seized items. If the seller is unavailable or unknown, the receipt and notice of hearing may be posted at the location where the items were seized.
B. Pursuant to Chapter 1.16, the Director of Code Enforcement or authorized designee shall determine whether the seller was in violation of this chapter. If, after the hearing, the 200
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Director of Code Enforcement or authorized designee determines, beyond a preponderance of the evidence, that the seller violated any provision of this chapter, the seized items will be considered forfeited to the City, and any enforcement officer may destroy or otherwise dispose of the seized items no sooner than the 95th day after the Director of Code Enforcement or authorized designee's written decision is mailed or personally served on the seller.
C. If the items are perishable, the enforcement officer may dispose of the perishable items immediately. If the seller waives his or her right to a hearing, then the nonperishable seized items will be considered forfeited to the City and may be immediately destroyed or otherwise disposed of by the enforcement officer. If the seller or agent does not appear for the hearing provided for in this chapter, the nonperishable seized items shall be deemed abandoned and forfeited to the City and may be immediately dest royed or otherwise disposed of by the enforcement officer without further notice to the seller. If the nonperishable seized items are evidence in a criminal proceeding, those items shall not be returned or destroyed pending release by the appropriate authorities.
D. Pursuant to California Code of Civil Procedure Section 1094.6, any action to review the decision of the authorized designee shall be commenced no later than the 90th day after the date that the authorized designee's decision is mailed or personally served on the vendor. (Ord. 18 § 2, 2008, RCC § 5.76.060; Ord. 176 § 2, 2020)
§ 5.72.070. Severability.
If any clause, provision, sentence, or paragraph of this chapter, or the application thereof, is deemed to be invalid as to any person, entity, establishment, or circumstance, such invalidity shall not affect the other provisions of the ordinance codified in this chapter which shall remain in effect.
(Ord. 18 § 2, 2008, RCC § 5.76.070; Ord. 176 § 2, 2020)
§ 5.72.080. Public nuisance declaration.
Any violation of this chapter is declared to be unlawful and a public nuisance. (Ord. 18 § 2, 2008, RCC § 5.76.080; Ord. 176 § 2, 2020)
§ 5.72.090. Incorporation by reference.
Additional remedies, penalties, and procedures are set forth in Chapter 1.16. (Ord. 18 § 2, 2008, RCC § 5.76.090; Ord. 176 § 2, 2020) 201
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CHAPTER 5.76
COMMERCIAL CANNABIS LICENSING
§ 5.76.010. Purpose and Intent.
A. This chapter shall provide for the regulation and licensing of medicinal and adult -use cannabis businesses throughout the City in conformance with applicable State and local laws and regulations pertaining to medicinal and adult-use cannabis.
B. The City Council finds that it is necessary for the City to adopt local licensing standards for medicinal and adult-use cannabis businesses for the purpose of controlling and regulating the cultivation, distribution, transport, storage, manufacturing, processing, testing and sale of medicinal cannabis and medicinal cannabis products to qualified patients, and adult-use cannabis and adult-use cannabis products to adults 21 years of age and over.
C. The purpose of this chapter is to regulate all commercial cannabis activity in the City, as defined in the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), to the extent authorized by State law and in a manner designed to minimize negative impacts on the City and neighboring uses, and promote the health, safety, morals, and general welfare of residents and businesses within the City.
(Ord. 188 § 2, 2020)
§ 5.76.020. Relationship to other laws.
A. Except as otherwise specifically provided herein, this chapter incorporates the requirements and procedures set forth in MAUCRSA. In the event of any conflict between the provisions of this chapter and the provisions of MAUCRSA or any other applicable State or local law or regulation, the more restrictive provision shall control.
B. Except as expressly stated herein, cannabis businesses must comply with all other city codes and regulations. Nothing in this chapter shall be construed as permitting a cannabis business to operate at any time in a manner that is in violation of other applicable State and local laws. (Ord. 188 § 2, 2020)
§ 5.76.030. Definitions.
Unless otherwise defined herein, the terms in this chapter shall have the same meaning as set forth in MAUCRSA and any rules promulgated pursuant thereto. In addition, the following terms shall be defined as follows:
"Cannabis business" means any person engaged in commercial cannabis activity. "Certificate of accreditation" means a certificate issued by an accrediting body to a licensed testing laboratory, entity, or site to be registered in the State. "City" means Wildomar, California.
"City Manager" means the City Manager of the City or a duly authorized designee. "Distribution site" means a facility where cannabis and cannabis products are stored or inspected by a distributor for the purposes of distribution.
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"Distributor" means a cannabis business that engages in the distribution and transportation of cannabis and cannabis products to other cannabis businesses. "Fee, application" means the fee paid to the City concurrently with the submittal of an application for a license (initial or renewal) for the purpose of recouping the City's reasonable costs associated with the processing, review and approval or denial of the license application. "Fee, regulatory" means the fee paid to the City by a licensee for the purpose of recouping the City's reasonable regulatory costs in connection with the administration and enforcement of this chapter.
"Good cause" for purposes of denying an initial local license issuance, for suspending or revoking a local license, or for denying a local license renewal, means:
1. The applicant or licensee has violated any of the terms, conditions, or provisions of this chapter, State law, regulations and rules promulgated pursuant to State law, applicable local rules and regulations, or special terms or conditions placed upon its conditional use permit, State license, or local license;
2. The premises has been or is proposed to be operated in a manner that adversely affects the public health, safety or welfare or the safety of the immediate neighborhood in which the establishment is or will be located;
3. The applicant or licensee has knowingly made false statements, misrepresentations or material omissions on an application form, renewal form, or any other document submitted to the City;
4. The applicant or licensee, or any owner of the applicant or licensee, operated a cannabis business in violation of this chapter or Chapter 17.315 of the Code;
5. For renewals, suspensions and revocations, the licensee fails to allow inspection of the security recordings, activity logs, or business records of the licensed premises by City officials.
"Identification card" or "ID card" means a valid identification card issued pursuant to Section11362.7 et seq., of the California Health and Safety Code. "Identification card holder" or "ID card holder" means an individual who is a qualified patient who has applied for and received a valid ID card pursuant to Article 2.5 of Chapter 6 of Division 10 of the California Health and Safety Code.
"Licensed premises" means a premises for which a local license has been issued pursuant to this chapter.
"Licensee" means a person who has been issued a local license pursuant to this chapter. "Limited access area" means a building, room or other area that is part of the licensed premises where cannabis is grown, cultivated, stored, weighed, displayed, packaged, or sold to other cannabis businesses with limited access to only authorized personnel. "Local license" means a license granted by the local licensing authority, pursuant to this chapter. "Local licensing authority" means the City Manager.
"Manufacturing site" means a premises where a manufacturer engages in the manufacture of cannabis products.
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§ 5.76.030 BUSINESS REGULATIONS § 5.76.060
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"Medicinal and Adult-Use Cannabis Regulation and Safety Act" or "MAUCRSA" means Division 10 of the California Business and Professions Code. "Medicinal cannabis patient" means both a qualified patient without an identification card and an ID card holder.
"Owner" means any of the following:
1. A person with an aggregate ownership interest of 10% or more in the person applying for a license or a licensee, unless the interest is solely a security, lien, or encumbrance.
2. The chief executive officer of a nonprofit or other entity.
3. A member of the board of directors of a nonprofit.
4. An individual who will be participating in the direction, control, or management of the person applying for a license.
"Physician," as used in this chapter, shall mean an individual who possesses a license in good standing to practice medicine or osteopathy from the State of California. "Primary caregiver" has the meaning set forth in Section 11362.7(d) of the California Health and Safety Code.
"Qualified patient" has the meaning set forth in Section 11362.7(f) of the California Health and Safety Code.
"State law(s)" means and includes California Health and Safety Code Section11362.5 (Compassionate Use Act of1996); California Health and Safety Code Sections 11362.7 to 11362.85 (Medicinal Marijuana Program Act); the MAUCRSA, and all other applicable laws and regulations of the State of California.
"State license" means a State license issued under MAUCRSA, and includes both an A-license and an M-license, as well as a testing laboratory license. "State licensing authority" means the State agency responsible for the issuance, renewal, or reinstatement of a State license, or the State agency authorized to take disciplinary action against a State licensee.
(Ord. 188 § 2, 2020)
§ 5.76.040. Local license in addition to business license or other permit.
The local license required by this chapter shall be in addition and supplemental to any other business registration or any permit required by any ordinance of the City. (Ord. 188 § 2, 2020)
§ 5.76.050. Local license required.
A. It is unlawful to operate any cannabis business in the City without first having obtained a local license under this chapter.
B. The City may grant a local license prior to the applicant having obtained a State license. A cannabis business must possess the requisite State and local licenses prior to receiving a certificate of occupancy from the City.
(Ord. 188 § 2, 2020)
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§ 5.76.060 WILDOMAR CODE § 5.76.060
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§ 5.76.060. Local license application process.
A. All applications for local licenses required pursuant to this chapter shall be made upon current forms prescribed by the local licensing authority. All applications for local licenses must be accompanied by the application fee as established by resolution of the City Council as amended from time to time.
B. An applicant shall file with the local licensing authority the following at the time of application for a local license:
1. An operating plan for the proposed cannabis business including the following information:
a. A general description of the types of products and services to be provided by the facility;
b. A floor plan designating all interior dimensions of the licensed premises and the layout of the cannabis business, including all limited access areas, areas of ingress and egress, and all security cameras. Such floor plan shall also show the principal uses of the floor area depicted therein. For cultivation sites, such floor plan shall distinguish all dimensions of areas in which plants are located; c. For a retailer, a statement confirming whether delivery service of cannabis to any location outside the premises will be provided and the extent of such service, and in the event delivery is provided, a detailed delivery plan detailing how the retailer will comply with all requirements of this chapter, MAUCRSA, and any other applicable State or local laws.
2. Authorization for the local licensing authority to seek verification of the information contained with-in the application.
3. Proof of the nature of the cannabis business's organizational status, such as articles of incorporation, by-laws, organizational minutes, partnership agreements, or such other documentation acceptable to the City.
4. Proof that the applicant is, or will be, entitled to possession of the premises for which application is made. Evidence of lawful possession consists of properly executed deeds of trust, leases, evidence of ownership of the licensed premises, or other written documents acceptable to the local licensing authority.
5. The applicant shall provide any additional information that the local licensing authority may request to process and fully investigate the application. Failure to provide such additional information may result in denial of the application.
C. If the application is incomplete, the applicant shall have an opportunity to cure the incompleteness within 30 calendar days of written notice of incompleteness by the local licensing authority.
D. The local licensing authority shall issue a license to any applicant who has submitted a complete application and paid the application fee unless the local licensing authority finds that good cause exists to deny the license.
E. The applicant shall pay to the City the regulatory licensing fee, if any, established by 205
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§ 5.76.060 BUSINESS REGULATIONS § 5.76.080
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resolution of the City Council. The initial regulatory licensing fee shall be due in two equal installments upon the issuance of a certificate of occupancy for the cannabis business premises and six months thereafter, or upon the expiration of the initial license term, whichever occurs first. The initial regulatory licensing fee shall be pro -rated so that no regulatory license fee is owed for the portion of the license term o ccurring prior to receipt of a certificate of occupancy. Subsequent regulatory licensing fees shall be paid in full every two years concurrently with the renewal of the license.
F. A local license issued pursuant to this chapter shall specify the date of issuance, the period of licensure, the name of the licensee, the address of the licensed premises, and the nature of the cannabis business licensed. All local licenses are valid for two years. (Ord. 188 § 2, 2020)
§ 5.76.070. Conditions of approval, administrative rules.
A. The local licensing authority may place conditions upon the approval of any local license which are, in the opinion of the local licensing authority, reasonably related to the protection of the health, safety and welfare of the neighborhood in which the pr oposed licensed premises is to be located and of the general public.
B. The local licensing authority is authorized to make rules, policies and procedures consistent with the intent and spirit of this chapter concerning the applications, the application process, the information required of applicants, the application procedures, and the administration and procedures to be used and followed in the application process. (Ord. 188 § 2, 2020)
§ 5.76.080. Changes and modifications of local licenses.
In addition to any applicable requirements in Chapter 17.315 of this Code, the following requirements apply for transfers of or changes to the ownership of a licensee, modifications to a licensed premises, and changes of location of a cannabis business.
A. Change of Ownership. Subsequent to the issuance of a local license, the licensee shall report any transfer of ownership in the cannabis business to the local licensing authority on forms prescribed by the local licensing authority and pay the application fee established by resolution of the City Council.
1. A change of ownership that solely involves a previously approved owner no longer being an owner of the cannabis business shall be reported to the local licensing authority within 30 calendar days of the change. The City will remove a previously approved ow ner from a license only if notarized statements are submitted by all approved owners consenting to the change, or the change is mandated by order of a court of competent jurisdiction.
2. A change in ownership that involves adding a new owner to the previously approved ownership must be approved by the local licensing authority in advance. The local licensing authority shall approve the change in ownership unless there is good cause to deny the change. All owners must submit notarized statements agreeing to the addition of a new owner to the business.
B. Modification of Licensed Premises. A licensee shall not make physical changes, alterations, or modifications to the licensed premises that materially or substantially alters 206
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§ 5.76.080 WILDOMAR CODE § 5.76.090
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the licensed premises from the plans approved by the local licensing authority without the prior written approval of the local licensing authority. Material changes include, but are not limited to: an increase or decrease in the total square footage of the licensed premises or the addition, sealing off, or relocation of a wall, common entryway, doorway, or other means of public ingress and/or egress. Applications for modifications of licensed premises shall be made on forms prescribed by the local licensing authority and shall be accompanied by the application fee established by resolution of the City Council. The local licensing authority shall approve the proposed modification if it meets all requirements of this chapter and all other applicable State laws and City codes and ordinances, and wil l not present a threat to the public health, safety or welfare.
C. Change of Location.
1. A licensee may apply to the local licensing authority to change the location previously approved for such local license to any other place in the City, but it is unlawful to engage in any commercial cannabis activity at any such place or location until express permission to do so is granted by local licensing authority, the City has issued a conditional use permit to the licensee for the new location, and a certificate of occupancy has been issued for the new location. Applications for changes of location shall be made on forms prescribed by the local licensing authority and be accompanied by the application fee established by resolution of the City Council.
2. In permitting a change of location, the local licensing authority may change any existing conditions of approval on the license and/or add new conditions of approval as determined appropriate by the local licensing authority. (Ord. 188 § 2, 2020)
§ 5.76.090. Renewal of local license.
A. A cannabis business that desires to renew its license shall apply for the renewal no less than 30 calendar days prior to the local license's expiration date. If the cannabis business files a renewal application within 30 calendar days prior to expiration, the cannabis business must provide a written explanation detailing the circumstances surrounding the late filing. The local licensing authority may accept or reject such late filing in its discretion. The local licensing authority may elect to administratively continue a local license past its expiration date, provided that the licensee has submitted a renewal application that is pend ing final action.
B. An application for renewal shall be submitted on forms provided by the local licensing authority, accompanied by the application fee established by resolution of the City Council.
The following information shall be submitted as a part of the renewal application:
1. Proof that no changes to the ownership of the licensee has occurred since last approved by the local licensing authority.
2. Proof that the licensee is still entitled to the possession and use of the licensed premises.
3. Any other information that the local licensing authority deems necessary to determine whether to renew the local license.
C. The local licensing authority shall renew a local license if the licensee has submitted a 207
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§ 5.76.090 BUSINESS REGULATIONS § 5.76.110
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complete application and paid the application fee, unless the local licensing authority finds that good cause exists to deny the license renewal. Notwithstanding the foregoing, the local licensing authority in its discretion may elect not to renew any local license if it determines that the licensed premises has not been used for a cannabis business, without reasonable cause as determined by the local licensing authority, during the term of the license.
D. Unless administratively continued pursuant to subsection A, a local license is immediately invalid upon expiration and the cannabis business shall cease operations. If a local license expires, the local licensing authority may approve a renewal of the expired license at any time up to three months from the expiration date of the license. After the license has been expired for three months, the license may not be renewed by the local licensing authority, and the holder of the expired license must apply for and obtain a new cannabis license to resume operations.
(Ord. 188 § 2, 2020)
§ 5.76.100. Appeal of decision on local license.
Any applicant may appeal the local licensing authority's approval, conditional approval, or denial of an initial local license, renewal thereof, or a change to the license requested under Section
5.76.080, or a revocation or suspension of the license under Section 5.76.210. Such appeal shall be filed with the City Clerk within 10 calendar days of the date of the decision of the local licensing authority and must state the basis for the appeal. The City Clerk will give the appellant written notice of the date, time and place of the appeal hearing. The City Council shall hear the appeal de novo and shall not be limited by the rules of evidence. The council may affirm, amend or reverse the decision of the local licensing authority. (Ord. 188 § 2, 2020)
§ 5.76.110. Cannabis business operational requirements.
All cannabis business must comply with the requirements set forth in this section.
A. General Obligation to Operate in Compliance. A cannabis business shall operate in compliance with all applicable State and local laws and regulations governing cannabis businesses.
B. General Obligation to Pay Taxes. A cannabis business must pay all applicable taxes pursuant to Federal, State, and local law, including, but not limited to, State and local sales and use taxes and State excise taxes.
C. General Obligation for Compliant Facilities. The licensed premises shall fully comply with all applicable rules, regulations, and laws including, but not limited to, building and safety codes, and the Americans with Disabilities Act.
D. Age Requirement. A cannabis business shall not allow an individual less than 21 years of age to work within the licensed premises or handle cannabis and cannabis products.
E. Age Restrictions. A cannabis business may not permit an individual less than 21 years of age to enter, or be within, its licensed premises, except that a cannabis business with an M- license from the State may allow persons 18 years of age or older within the licensed premises if they are an ID card holder or qualified patient with physician's recommendation from a licensed physician.
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§ 5.76.110 WILDOMAR CODE § 5.76.110
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F. Secure Storage of Product. Cannabis and cannabis products possessed by a cannabis business shall be kept and stored in a secured manner at all times.
G. Cannabis Consumption on Licensed Premises. Smoking, vaporizing, ingesting, or otherwise consuming cannabis and cannabis products at a licensed premises is prohibited. "Licensed premises" as used in this subsection includes the actual building, as well as a ny accessory structures, common areas and parking areas. A sign shall be posted at each entrance to a licensed premises that clearly and legibly states, "Smoking, vaporizing, ingesting, or otherwise consuming cannabis or cannabis products on these premises or in their vicinity is prohibited and a violation of the Wildomar Municipal Code." H. Prohibition on Alcohol and Tobacco Sales, Distribution, or Consumption on Licensed Premises. A cannabis business shall not sell, provide, store, or distribute any alcoholic beverages or tobacco products, or allow such products to be consumed on the license d premises.
I. On-Site Signage. On-site signage for a cannabis business that is viewable from the exterior of the cannabis business shall comply with all local signage laws applicable to the licensed premises, including Chapters 17.251 and 17.254 of this Code. Signage may not be designed to appeal to children, or contain any false or misleading statements, or make any misrepresentations.
J. Advertising. A cannabis business shall not advertise in a manner intended to encourage persons under 21 years of age to consume cannabis or cannabis products. It is unlawful for any cannabis business to make any claims that a product is safe because it is tested. All advertisements, including off -site advertising signs, shall comply with Chapter 15 of MAUCRSA.
K. Display of License. A cannabis business shall display a copy of its local license issued pursuant to this chapter in a conspicuous place at or near the entrance to the licensed premises.
L. No Physician Evaluations on Licensed Premises. A cannabis business shall not permit a physician to evaluate potential medicinal cannabis patients or to provide a physician's recommendation for medicinal cannabis within its licensed premises. Cannabis businesses shall not offer or provide any form of remuneration to a physician who provides physician's recommendations for medicinal cannabis.
M. Community Relations Designee. A cannabis business must provide the City with the name, phone number, facsimile number, and email address of an on -site community relations representative or staff member or other representative whom the City can contact regarding operating concerns associated with the cannabis business. The cannabis business shall report any change in their community relations designee to the City within 10 calendar days.
N. Accurate Weights and Measures. Scales and weighing mechanisms used by a cannabis business to weigh non-waste products must be able to weigh to within 1/100th of a gram, shall be maintained in good working order and shall be subject to annual inspection by either a Riverside County Agricultural Commissioner's office weights and measures official or a licensed scale company.
O. Waste Disposal.
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1. Chemical, Dangerous and Hazardous Waste. Disposal of chemical, dangerous or hazardous waste must be conducted in a manner consistent with Federal, State and local laws, regulations, rules or other requirements. This may include, but is not limited to, the disposal of all pesticide or other chemicals used in the cultivation process, certain solvents or other chemicals used in the production of cannabis concentrate.
2. Cannabis Waste. Cannabis waste shall be stored, managed, and disposed of in accordance with Section 5054 (Destruction of Cannabis Goods Prior to Disposal) of Title 16, Division 42 of the California Code of Regulations, as that section may be amended or renumbered from time to time.
P. General Sanitary Requirements. A cannabis business must ensure that its licensed premises are maintained in a sanitary manner and activities on its licensed premises are conducted in a sanitary manner.
1. All facilities of a cannabis business must have adequate and sufficient access to bathrooms and hand-washing facilities with running water at a suitable temperature.
2. Hand-washing facilities shall be located where good sanitary practices require workers to wash or sanitize their hands, and provide effective hand -cleaning and sanitizing preparations and sanitary towel service or suitable drying devices.
3. All workers that engage in the preparation or dispensing of edible cannabis products must comply with the provisions of all relevant State and local laws regarding the preparation, distribution, and sale of food.
Q. Security Requirements. The licensed premises of a cannabis business must comply with all of the following security requirements:
1. Video Surveillance. The licensed premises must be equipped with a video surveillance system that meets all of the requirements set forth in this subsection. a. Security cameras and digital storage of recordings shall be maintained in good condition and used in an on -going manner, 24 hours per day, seven days per week.
b. The security system must maintain at least 90 days of digitally recorded video for each security camera in the licensed premises. Security footage should be stored in an MPEG4, MJPEG, H.264, or another format approved by the local licensing authority in writing.
c. Security cameras must provide adequate and sufficient coverage for the facility, which must include, but need to be limited to, all limited access areas, all areas of ingress and egress, point of sale, the public areas, storage areas, and any other areas as required by this chapter and the MAUCRSA.
d. The video surveillance system must be equipped with a failure notification system that provides prompt notification to the manager of record of the licensed premises of the cannabis business of any surveillance interruption or complete failure of the surveillance system that lasts longer than 15 minutes. e. The video surveillance system shall have sufficient battery backup to support a 210
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minimum of 15 minutes of recording in the event of a power outage.
2. Alarm System. The licensed premises shall have an audible interior and exterior security alarm system installed on all perimeter entry points and perimeter windows, operated, and monitored by a security company licensed by the Department of Consumer Affairs, Bureau of Security and Investigative Services.
3. Signage Requirement. The licensed premises must comply with the following signage requirements.
a. A sign shall be posted in a conspicuous place near each point of public access which shall be not less than 12 inches wide and 12 inches long, composed of letters not less than one inch in height, stating "All Activities Monitored by Video Camera."
b. Limited access areas shall be clearly identified by the posting of a sign which shall be not less than 12 inches wide and 12 inches long, composed of letters not less than one-half inch in height, which shall state, "Limited Access Area— Authorized Personnel Only."
4. Lighting. The business entrance(s) and all window areas shall be illuminated during evening hours. The cannabis business shall comply with the City's lighting standards regarding fixture type, wattage, illumination levels, and shielding.
5. Commercial-Grade Locks. All points of ingress and egress to a licensed premises shall ensure the use of commercial-grade, nonresidential door locks or window locks.
6. Notification of Local Licensing Authority and Law Enforcement. A cannabis business shall notify the local licensing authority and the appropriate law enforcement authorities within twenty-four hours after discovering any of the following:
a. Significant discrepancies identified during inventory; b. Diversion, theft, loss, or any criminal activity involving the retailer or any employee or agent of the retailer;
c. The loss or unauthorized alteration of records related to cannabis, cannabis patients, primary caregivers, or retailer employees or agents; or d. Any other breach of security.
R. Subletting Prohibited. Licensees are not authorized to sublet any portion of a licensed premises for any purpose, unless all necessary applications to modify the existing licensed premises to accomplish any subletting have been approved by the local licensing authority.
S. Recordkeeping. Cannabis businesses shall keep and maintain all records specified in Chapter 16 of the MAUCRSA and shall make the same available for inspection and examination of the local licensing authority or its duly authorized representatives during standard business hours of the licensed facility or at any other reasonable time. Cannabis businesses are required to exercise due diligence in preserving and maintaining all required records.
T. Transactions. Licensees shall only do business with cannabis businesses that licensed or permitted to do business in their respective jurisdictions. 211
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§ 5.76.110 BUSINESS REGULATIONS § 5.76.120
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(Ord. 188 § 2, 2020)
§ 5.76.120. Retailer operational requirements.
In addition to the operation requirements in Section 5.76.110, a retailer must comply with the requirements set forth in this section.
A. Limited Hours of Operation. A retailer may only be open to the public and engage in sales between the hours of 8:00 a.m. and 10:00 p.m.
B. Window Displays. Cannabis, cannabis products and cannabis paraphernalia shall not be placed in a window display or otherwise placed in a manner primarily intended for individuals outside of the premises to view the products.
C. Age Restricted Entry. A retailer may not permit an individual less than 21 years of age into the licensed premises, except a retailer with an M -license from the State may permit an individual aged 18 years or older into the licensed premises if the retailer verifies the individual is an ID card holder or qualified patient with a physician's recommendation.
D. Cannabis Paraphernalia Sales. Dispensaries may sell or otherwise provide equipment, supplies, and paraphernalia used to consume cannabis and cannabis products.
E. Electronic Point-of-Sale System Required. Dispensaries must have an electronic point of sale system. The electronic point of sale system must be capable of producing an electronic or automatic paper record for all transactions associated with any product sold, rented, or otherwise provided to the customer.
F. No Sales of Expired Product. A retailer may not sell any expired products, cannabis or cannabis products. A retailer shall not alter, edit, or adjust in any manner an expiration date on any item or product once affixed by its manufacturer.
G. Handling of Edible Cannabis Products. A retailer that possesses edible cannabis products shall comply with the provisions of all relevant State and local laws regarding the storage, handling, and sale of food.
H. Delivery of Cannabis and Cannabis Products. A retailer that provides delivery service shall comply with the following requirements:
1. The retailer shall not delivery cannabis or cannabis products to any location outside of California or to any location within California where the delivery of cannabis or cannabis products has been prohibited by the City or County.
2. The delivery service must be approved by the local licensing authority as a part of the licensing process. The deliveries must be conducted in accordance with any relevant State laws, this Code, any applicable local laws in the delivery location, and any conditions imposed upon the license.
3. The retailer must keep in place standard operating procedures that ensure the safety and security of those individuals engaging in delivery and the and security of all cannabis being delivered, including procedures to prevent diversion.
4. A retailer may only deliver cannabis to a specific street address requested by the purchaser. Delivery to parks, schools or any other public facilities is prohibited. 212
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5. Upon arrival at the delivery address and prior to transferring any cannabis or cannabis products, the delivery person must verify and confirm that the identity of the recipient is the same as the person who requested the delivery and that the person is either 21 years of age or a qualified patient or primary caregiver.
6. A retailer shall report to the local licensing authority and local law enforcement any vehicle accidents, diversions, losses, or other reportable incidents such as thefts or suspicious activity, that occur during transportation and delivery, within 24 hours.
7. The delivery shall keep a delivery manifest that includes the following information:
a. All cannabis that will be transported, accurately inventoried; b. Departure date and approximate time of departure;
c. Arrival date and approximate time of arrival;
d. Name, address, local license number and CUP number of the originating cannabis business;
e. Name and address of the individual requesting the delivery; f. Delivery vehicle make, model, and license plate number; and g. Name and signature of the individual transporting the cannabis.
8. Sale of Live Plants. A retailer may sell and offer for sale seeds and immature cannabis plants, but shall not sell or offer for sale live mature cannabis plants. The retailer may provide light and water to immature cannabis plants being offered for sale but may not engage in any other cultivation activity unless the retailer is licensed and permitted by the State and the City to engage in cannabis cultivation. For the purposes of this provision, an immature cannabis plant is defined as a nonflowering cannabis plant that is shorter and narrower than 18 inches.
(Ord. 188 § 2, 2020)
§ 5.76.130. Manufacturing site operational requirements.
In addition to the operational requirements in Section 5.76.110, manufacturers must comply with the requirements set forth in this section.
A. Edible Cannabis Products. Edible cannabis products shall be manufactured, packaged and labeled in compliance with MAUCRSA and any implementing regulations adopted by the State.
1. Edible cannabis products must be individually packaged and ready for sale by the manufacturer prior to sale or transfer to another cannabis business.
2. Any person that is involved in the manufacture of edible cannabis products must be a State certified food handler. The valid certificate number of such person must be on record at the manufacturing site where that individual produces edible cannabis products.
3. Any facility used by a cannabis business to manufacture edible cannabis products shall be constructed, operated and inspected in accordance with the applicable 213
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building code and applicable food safety requirements.
4. A cannabis business that manufactures edible cannabis products must comply with the provisions of all relevant State and local laws regarding the preparation, distribution, and sale of food; which shall include, but not be limited to, hand-washing requirements, use of gloves for packaging, and policies prohibiting individuals suffering from symptoms associated with communicable diseases or infections from engaging the production of edible cannabis products.
B. Expiration Date. A cannabis business engaged in the manufacture of cannabis products, including an edible cannabis product, that is perishable shall assign an expiration -date or use-by date, whichever is appropriate, to all perishable cannabis products. On ce an expiration date or use -by date is assigned to cannabis products, it shall be unlawful for a person to alter that date or affix a new label with a later use-by or expiration date.
C. Extraction Requirements.
1. A manufacturer engaged in extraction may only engage in type of extraction approved by the local licensing authority in its application for a local license. The licensee shall not make any modifications to the method of extraction without first obtaining a modification of its local license.
2. Within the limitations set forth by State law, a cannabis business that extracts cannabis or produces cannabis concentrate using a solvent must use a professional -grade, closed-loop extraction system capable of recovering the solvent used and must only use a solvent that is permissible under the MAUCRSA and the manufacturer's State license.
(Ord. 188 § 2, 2020)
§ 5.76.140. Cultivation operational requirements.
In addition to the operational requirements in Section 5.76.110, a cultivator must comply with the requirements set forth in this section.
A. Cultivators must comply with the Federal Worker Protection Standard (40 CFR 170).
B. The cultivation of cannabis must be conducted in accordance with all applicable Federal, State, and local laws and regulations governing the use of pesticides.
C. The use of pesticides must be recorded in a log in accordance with 16 CCR Section 1970.
D. The cultivation of cannabis shall be conducted in a secure manner and shall not be visible from a public right-of-way. As used in this subsection D, the term "visible" means capable of being seen without visual aid by an individual of normal acuity.
E. A licensee may not distribute, sell, dispense, or administer cannabis on the licensed premises of a cultivation site except for as authorized by the MAUCRSA and other applicable State law.
(Ord. 188 § 2, 2020)
§ 5.76.150. Distribution operational requirements.
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the requirements of this section.
A. Quality Assurance and Testing.
1. Prior to distribution, the distributor shall inspect cannabis for quality assurance as required by MAUCRSA and to ensure the labeling and packaging of the cannabis and cannabis products conforms to the requirements of this chapter and MAUCRSA.
2. Distributors shall ensure that cannabis and cannabis products in its custody are tested by a licensed testing laboratory in accordance with MAUCRSA prior to distributing the cannabis and cannabis products to a retailer.
B. Transportation.
1. A distributor may not transport cannabis to or from another cannabis business outside the State of California.
2. An individual may only transport cannabis on behalf of a distributor if the individual:
a. Is an employee of the distributor and is listed on the distributor's employee list; b. Possesses a copy of the distributor's local license; and c. Possesses a copy of a transportation manifest that meets all the requirements of MAUCRSA and subsection (B)(3).
3. Transportation Manifest.
a. A cannabis business must create a transportation manifest in accordance with this chapter for every transport and delivery of cannabis. A cannabis business must ensure that a copy of the appropriate transportation manifest accompanies every transport and d elivery of cannabis and is kept for retention by the originating cannabis business in compliance with Section 5037 (Record Retention) of Title 16, Division 42 of the California Code of Regulations. b. If a cannabis businesses makes multiple pick -ups or deliveries during a single trip, then a separate transportation manifest shall be required for each pick-up or delivery.
c. A transportation manifest will be deemed sufficient if it accurately reflects:
i. All cannabis that will be transported to the address reflected on the manifest, accurately inventoried to include the weight of any raw cannabis or cannabis concentrate and the number of individual cannabis products; ii. Departure date and approximate time of departure;
iii. Arrival date and approximate time of arrival;
iv. Name, address, local license number and CUP number (or, for cannabis businesses outside of Cathedral City, a similar number issued by the cannabis business's local jurisdiction) of the originating cannabis business; v. Name, address, local license and CUP number (or, for cannabis businesses outside of Cathedral City, a similar number issued by the cannabis 215
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business's local jurisdiction) of the receiving cannabis business; vi. Delivery vehicle make, model, and license plate number; and vii. Name and signature of the individual transporting the cannabis.
4. A cannabis business with a local license may only transport cannabis between licensed premises by way of motor vehicle, unless the transport is between two licensed premises that are within the same building or at the same street address.
5. A cannabis business with a local license shall transport cannabis in a manner that is secure and not visible from outside the vehicle.
6. An employee transporting cannabis pursuant to this chapter must take a direct route from the distributor to the destination of the other cannabis business(es) and may not make any stops other than those necessary in the ordinary course of business.
C. Bonding. Transporters shall comply with applicable State laws and regulations, if any, requiring that they be bonded and insured.
D. Preparation of Cannabis and Cannabis Products for Transportation.
1. All cannabis and cannabis products must be appropriately and completely tracked in a cannabis business's inventory tracking system prior to transportation to another cannabis business. This must include verifying and documenting the weight of any raw cannabis or cannabis concentrate and the number of individual cannabis products being transported.
2. Preparations for the transport of cannabis and cannabis products must be conducted in a limited access area on camera.
E. Receiving Cannabis and Cannabis Products.
1. A distributor may not receive cannabis or cannabis products unless accompanied by a transportation manifest that meets all of the requirements set forth in subsection (B)(3). The distributor must retain copies of transportation manifests associated with all deliveries of cannabis.
2. Immediately upon receipt, all cannabis and cannabis products must be appropriately and completely tracked in the distributor's inventory tracking system. This must include verifying and documenting the weight of any raw cannabis or cannabis concentrate and the number of individual cannabis products being transported.
F. Perishable Cannabis Products. A cannabis business must provide adequate refrigeration when engaged in the transportation of perishable cannabis products. (Ord. 188 § 2, 2020)
§ 5.76.160. Testing laboratory operation requirements.
In addition to the operational requirements in Section 5.76.110, a testing laboratory shall comply with the requirements of this section.
A. No Other Ownership. An owner of a testing laboratory shall not have an ownership or other direct financial interest in any other commercial cannabis business license type. 216
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B. Accreditation. A testing laboratory shall obtain and maintain ISO/IEC 17025 accreditation.
C. Operating Procedures. A testing laboratory shall adopt and adhere to standard operating procedures to ensure the reporting of accurate test results, including, but not limited to, equipment, calibration, and methodology standards, that are consistent with its ISO/IEC 17025 accreditation.
1. A testing laboratory shall obtain samples of cannabis and cannabis products for testing in accordance with a statistically valid method designed to ensure that a sample is representative of the whole. Sampling methods should have at least a 95% confidence rate.
2. A testing laboratory shall destroy and safely dispose of the remains of any samples of cannabis or cannabis products tested upon completion of the analysis and the expiration of any retention time pursuant its standard operating procedures.
3. A testing laboratory shall maintain all testing results as a part of their respective business records and must keep such records in compliance with Section 5037 (Record Retention) of Title 16, Division 42 of the California Code of Regulations. (Ord. 188 § 2, 2020)
§ 5.76.170. Packaging and labeling.
A. Compliance with State Law. All packaging and labeling of cannabis and cannabis products by a cannabis business must, at a minimum meet the requirements of Chapter 12 of MAUCRSA and any implementing regulations, as the same may be amended from time to time or superseded or replaced by subsequent State legislation or by any State department or division.
B. Tamper-Evident, Child-Resistant Packaging Required. Prior to delivery or sale at a retailer to a purchaser, cannabis and cannabis products shall be labeled and placed in a resealable, tamper-evident, child -resistant package and shall include a unique identifier for the purposes of identifying and tracking cannabis and cannabis products.
C. Cannot Be Attractive to Children. Cannabis packaging and labeling shall not be designed to appeal to children, including, but not limited to, cartoon characters or similar images.
D. State-Mandated Warnings and Information. All cannabis and cannabis product labels and inserts shall include the State -mandated warnings and information contained in Business and Professions Code Section 26120(c).
(Ord. 188 § 2, 2020)
§ 5.76.180. Visitor requirements.
A. Visitors. Any individual permitted to enter a limited access area who is not an owner or employee of the cannabis business is a visitor for the purposes of this section.
Notwithstanding the foregoing, State and local employees, or their official designees, shall not be considered a visitor provided the individual is on the licensed premises for purposes of official government business.
B. Visitors Identification and Record Requirements. Prior to permitting a visitor into a limited access area, a cannabis business must check the individual's valid government issued 217
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identification. The visitor shall be required to sign the cannabis business's visitor log, which must include the individual's name, date of entry, and purpose for entry.
C. Visitors Must Be at Least 21 Years of Age. A cannabis business may not permit a visitor who is less than 21 years of age to enter a limited access area.
D. Visitors Prohibited Conduct. A visitor shall not be permitted to engage in the cultivation, preparation, processing, manufacturing, packaging, labeling, transportation, or sale of cannabis.
(Ord. 188 § 2, 2020)
§ 5.76.190. Limitations on City's liability.
To the fullest extent permitted by law, the City shall not assume any liability whatsoever, with respect to approving any local license pursuant to this chapter or the operation of any cannabis business approved for such local license pursuant to this chap ter. As a condition of approval a local license granted under this chapter, the applicant or its legal representative shall:
A. Indemnify and hold the City harmless from any and all claims, damages, legal or enforcement actions, including, but not limited to, any actions or claims associated with violation of Federal law associated with the operation of the cannabis business and delivery of cannabis as provided in this chapter; and
B. Maintain insurance in the amounts and of the types that are acceptable to the City pursuant to guidelines and policies set forth by the local licensing authority; and C. Name the City as an additionally insured on all City-required insurance policies; and D. Defend, at its sole expense, any action against the City, its agents, officers, and employees related to the approval of a local license or the operation of the cannabis business; and E. Reimburse the City for any court costs and attorney fees that the City may be required to pay as a result of any legal challenge (or Federal enforcement action) related to the City's approval of a local license or conditional use permit. The City may, at i ts sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the operator of its obligation hereunder.
(Ord. 188 § 2, 2020)
§ 5.76.200. Inspections.
A. Recordings made by security cameras at any cannabis business shall be made immediately available to the local licensing authority upon verbal request for law or regulatory enforcement and criminal investigation purposes. Such recordings shall be considered confidential and shall not be released to the public pursuant to Governmen t Code Section6254(f) without the consent of the licensee.
B. The local licensing authority shall have the right to enter all cannabis businesses from time to time unannounced for the purpose of making reasonable inspections to observe and enforce compliance with this chapter. Such inspections shall be limited to observing the licensed premises for purposes of determining whether the cannabis business is being operated or maintained in compliance with this Code, State law, and other applicable laws and regulations. Any cannabis business licensed pursuant to this chapter may be required 218
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to demonstrate, upon demand by the local licensing authority that the source and quantity of any cannabis or cannabis products found upon the licensed premises is in full compliance with any applicable local or State law or regulation.
C. The local licensing authority shall have the right to inspect records of medicinal cannabis patients and primary caregivers that have made purchases of medicinal cannabis or medicinal cannabis products from a retailer for the sole purpose of determining whether any and all such individuals are qualified to make such purchases. Such inspections of records shall not be used for any other purposes, nor shall the records be removed off -site by the City without a court order.
D. The local licensing authority may delegate an act required to be performed pursuant to this section to any code enforcement officer or official of the City, including, without limitation, the Chief of Police, the Fire Chief, the Building Official, the Finance Director, the City Attorney, or any designee of such officers or officials.
E. Applicants and licensees must cooperate with the local licensing authority and designees who are conducting inspections or investigations relevant to the enforcement of laws and regulations related to this chapter.
(Ord. 188 § 2, 2020)
§ 5.76.210. Enforcement—Suspension and revocation of license.
A. The provisions of this chapter may be enforced by the local licensing authority by any means provided for in Chapter 1.16 of this Code in addition to any and all other remedies, civil, equitable or criminal, afforded to the City under the law. The operation of a cannabis business in violation of this chapter or any conditions of approval placed on a licensee's local license is hereby deemed to be a public nuisance.
B. In addition to any other remedies available to the City under the law, a license issued under the terms of this chapter may be suspended or revoked by the local licensing authority if he or she concludes any of the following:
1. The cannabis business or licensee has violated any of the requirements of this chapter, Chapter 17.315, the applicable conditional use permit, or the applicable development agreement.
2. The cannabis business is being operated in a manner which constitutes a nuisance.
3. The cannabis business is being operated in a manner which conflicts with or violates State laws.
4. A licensee's conditional use permit or development agreement issued pursuant to Chapter 17.315 of this Code has been terminated or revoked.
5. A licensee's State license has been suspended, terminated, or revoked.
C. A license may be suspended or revoked by the local licensing authority as follows:
1. For a first violation within a 24 -month period, the license may be suspended for 10 days.
2. For a second violation within a 24-month period, the license may be suspended for 30 219
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days.
3. For a third violation within a 24 -month period, the license may be suspended for 60 days.
4. For a fourth or subsequent violation within a 24 -month period, the license may be revoked, and no new license may be issued to any owner of the subject cannabis business for a period of at least one year.
D. Notwithstanding subsection B of this section, any suspension of a local license that is due to the suspension of the licensee's State license shall be no shorter than the length of time the State license is suspended.
(Ord. 188 § 2, 2020)
220
CITY OF WILDOMAR
CITY COUNCIL REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.7
Meeting Date: February 10, 2026
SUBJECT:
Second Reading of Ordinance No. 260 For Formation of
Community Facilities District 2025-1
SUBMITTED BY:
Adam Jantz, Finance Manager
PREPARED BY:
Adam Jantz, Finance Manager
ACTION:
Adopt an Ordinance entitled:
ORDINANCE NO. 260
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA
ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2025-1 (CAMELIA) OF THE CITY OF WILDOMAR AUTHORIZING THE LEVY
OF SPECIAL TAXES
SUMMARY:
Second Reading of Ordinance No. 260 For Formation of Community Facilities District 2025-1
BACKGROUND:
On October 13th, 2025 the City Council adopted Resolution No. 2025-57 and 2025-57 which declared the City's intention to establish Community Facilities District 2025-1 (Camelia), the intention to incur bonded indebtedness within the District, and calling for a public hearing to be held on December 10th, 2025. Due to the December meeting date change to December 3rd, the Public Hearing was moved to January 14th, 2026, where the City Council formally approved of the formation of CFD 2025-1, the levy of the special taxes within the District, and the issuance of bonds to finance the public improvements benefitting the District. Ordinance No. 260 was introduced authorizing the levy of Special Taxes within the District.
DISCUSSION:
The City Council approved the first reading of Ordinance No. 260 at the January 14th, 2026 City Council meeting. At this time it would be appropriate for the City Council to adopt Ordinance No. 260.
FISCAL IMPACT:
There is no impact to the General Fund to form the District. Costs of formation are paid out of a deposit made by the Developer. This deposit may be reimbursed once bonds are sold in accordance with a reimbursement agreement previously approved by the City Council. If established and subject to necessary City Council and voter approvals, the District will annually levy special taxes on all of the taxable property within the District in accordance with the RMA. Such special taxes will be used to pay for the costs of facilities, debt service on bonds and administration of CFD No. 2025-1. Any bonds issued by the District are not 221
obligations of the City’s General Fund and will be secured solely by the special taxes levied within CFD No. 2025-1
ATTACHMENTS:
Ordinance No. 260 CFD 2025-1 (Camelia)
222
4930-6211-5447v3/200945-0009
ORDINANCE NO. 260
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WILDOMAR, CALIFORNIA ACTING IN ITS CAPACITY AS
THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 2025-1 (CAMELIA) OF THE CITY OF
WILDOMAR AUTHORIZING THE LEVY OF SPECIAL
TAXES
WHEREAS, on October 13 , 2025 , the City Council (the “City Council”) of the City of Wildomar (the “City”) adopted Resolution No. 2025-56 declaring its intention to form Community Facilities Distr ict No. 2025-1 (Camelia) of the City of Wildomar (the “District”) pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act ”), and its Resolution No. 2025-57 declaring its intention to incur bonded indebtedness for the District; and
WHEREAS, on December 3, 2025, th e City Council adopted Resolution No. 2025-66, which changed the public hearing date relative to the proposed formation of Community Facilities District No. 2025 -1, the levy of the special tax therein and the issuance of bonded indebtedness by the District , previously called for December 10, 2025 to January 14, 2026; and
WHEREAS, on January 14, 2026, after providing all notice required by the Act, the City Council conducted a noticed public hearing required by the Act relative to the proposed formation of the District, the proposed levy of a special tax therein to finance certain public facilities described in Reso lution No. 2025-56 and to secure the payment of any bonded indebtedness of the District, and the proposed issuance of up to $ 10,000,000 of bonded indebtedness as described in Resolution No. 2025-57; and WHEREAS, at the January 14, 2026 public hearing, all persons desiring to be heard on all matters pertaining to the formation of the District and the proposed levy of the special tax to finance the facilities described in Resolution No. 2025-56 and to secure the payment of up to $ 10,000,000 of bonded indebted ness of the District as described in Resolution No. 2025-57 (the “Bonds”) were heard and a full and fair hearing was held; and
WHEREAS, on January 14, 2026 , the City Council adopted Resolution Nos. 2026-__ and 2026-__ which formed the District and called a special election within the District on January 14, 2026 on three propositions relating to the levy of a special tax within the District, the issuance of the Bonds and the establishment of an appropriations limit within the District; and
WHEREAS, on January 14, 2026 , a special election was held within the District at which the qualified electors approved by more than a two -thirds vote Propositions A, B and C authorizing the levy of a special tax within the District for the purposes described in Resolution No. 2025-56, the issuance of the Bonds as described in Resolution No. 2025-57 and establishing an appropriations limit for the District; and 223
2 4930-6211-5447v3/200945-0009
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WILDOMAR,
ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CO MMUNITY FACILITIES DISTRICT NO. 2025-1 (CAMELIA) OF THE CITY OF WILDOMAR, ORDAINS AS FOLLOWS:
Section 1. The above recitals are all true and correct.
Section 2. By the passage of this Ordinance, the City Council authorizes and levies special taxes within the District pursuant t o Sections 53328 and 53340 of the Act at the rates and in accordance with the rate and method of apportionment set forth in Attachment C to Resolution No. 2025-56, which is incorporated by reference herein (the “Rate and Method”). The special taxes are he reby levied commencing in the fiscal year specified in the Rate and Method and in each fiscal year thereafter until payment in full of the Bonds (including any bonds issued to refund the Bonds), payment of all costs of the public facilities and services au thorized to be financed by the District, and payment of all costs of administering the District.
Section 3. Each of the Mayor, the City Manager, the Finance Manager or their written designees (each, an “Authorized Officer”), acting alone, is hereby authorized and directed each fiscal year to determine the specific special tax rates and amounts to be levied in such fiscal year on each parcel of real property within the District, in the manner and as provided in the Rate and Method. The special tax rate levied on a parcel pursuant to the Rate and Method shall not exceed the maximum rate set forth in the Rate and Method for such parcel, but the special tax may be levied at a lower rate.
Each Authorized Officer is hereby authorized and directed to provide all necessary information to the Treasurer -Tax Collector of the County of Riverside and to otherwise take all actions necessary in order to effect proper billing and collection of the special tax, so that the special tax shall be levied and collected in sufficient amount s and at times necessary to satisfy the financial obligations of the District in each fiscal year until the Bonds are paid in full, the facilities have been paid for, and provision has been made for payment of all of the administrative costs of the District.
Section 4. Properties or entities of the state, federal or other local governments shall be exempt from the special tax, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act and Section F of the Rate and Method. No other properties or entities are exempt from the special tax unless the properties or entities are expressly exempted in Resolution No. ________ or in a resolution of consideration to levy a new special tax or special taxes or to alter the rate or method of apportionment of an existing special tax as provided in Section 53334 of the Act.
Section 5. All of the collections of the special tax shall be used as p rovided for in the Act, the Rate and Method and Resolution No.__________.
Section 6. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes ( which such procedures include the exercise of all rights and remedies 224
3 4930-6211-5447v3/200945-0009
permitted by law to make corrections, including, but not limited to, the issuance of amended or supplemental tax bills), as such procedure may be modified by law or by this City Council from time to time.
Section 7. As a cumulative remedy, if any amount levied as a special tax for payment of the interest or principal of the Bonds (including any bonds issued to refund the Bonds), together with any penalties and other charges accruing under this Ordin ance, are not paid when due, the City Council may, not later than four years after the due date of the last installment of principal on the Bonds (including any bonds issued to refund the Bonds), order that the same be collected by an action brought in the superior court to foreclose the lien of such special tax, as authorized by the Act.
Section 8. The Mayor of the City shall sign this Ordinance and the City Clerk shall attest to the Mayor’s signature and then cause the same to be published within fifteen (15) days a fter its passage at least once in The Press Enterprise , a newspaper of general circulation published and circulated in the City of Wildomar.
Section 9. The specific authorization for adoption of this Ordinance is pursuant to the provisions of Section 53340 of the Act.
Section 10. The City Clerk is hereby authorized to transmit a certified copy of this Ordinance to the Treasurer-Tax Collector of the County of Riverside, and to perform all other acts which are required by the Act, this Ordinance or by law in order to accomplish the purpose of this Ordinance.
Section 11. A full reading of this Ordinance is dispensed with prior to its final passage, a written or printed copy having been available to the City Council and the public a day prior to its final passage.
Section 12. This Ordinance shall take effect thirty days after its final passage.
PASSED, APPROVED AND ADOPTED this ___ day of _________, 2026:
Carlos Marquez
Mayor
APPROVED AS TO FORM: ATTEST:
Thomas D. Jex Janet Morales Garcia, CMC
City Attorney City Clerk
225
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF WILDOMAR )
I, Janet Morales Garcia, City Clerk of the City of Wildomar, California, do hereby certify that Ordinance No. ____________ was adopted by the City Council of the City of Wildomar, California, at the Regular meeting of __________, 202 6 and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Janet Morales Garcia, CMC
City Clerk
City of Wildomar
226
CITY OF WILDOMAR
CITY COUNCIL REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.8
Meeting Date: February 10, 2026
SUBJECT:
Second Reading of Ordinance No. 261 For Formation of
Community Facilities District 2025-S
SUBMITTED BY:
Adam Jantz, Finance Manager
PREPARED BY:
Adam Jantz, Finance Manager
ACTION:
Adopt an Ordinance entitled:
ORDINANCE NO. 261
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA
ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2025-S (SERVICES) OF THE CITY OF WILDOMAR AUTHORIZING THE
LEVY OF SPECIAL TAXES
SUMMARY:
Second Reading of Ordinance No. 261 for Formation of CFD 2025-S
BACKGROUND:
On October 13th, 2025, the City Council adopted Resolution No. 2025-53, which declared the City's intention to establish Community Facilities District 2025-S (Services) and calling for a public hearing to be held on December 10th, 2025. Due to the December meeting date change to December 3rd, the Public Hearing was moved to January 14th, 2026, where the City Council formally approved of the formation of CFD 2025-S and the levy of the special taxes within the District. Ordinance 261 was introduced authorizing the levy of Special Taxes within the District.
DISCUSSION:
The City Council approved the first reading of Ordinance No. 261 at the January 14th, 2026, City Council meeting. At this time, it would be appropriate for the City Council to adopt Ordinance No. 261.
FISCAL IMPACT:
There is no impact to the General Fund from the District. Costs of formation are paid out of a deposit made by the Developer. If established, the District will annually levy special taxes on all of the taxable property within the District in accordance with the RMA. Such special taxes will be used to pay for the costs of services.
ATTACHMENTS:
Ordinance No. 261 City of Wildomar CFD 2025-S (Services) 227
4921-2514-9047v3/200945-0008
ORDINANCE NO. 261
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WILDOMAR, CALIFORNIA ACTING IN ITS CAPACITY AS
THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 2025-S (SERVICES) OF THE CITY OF
WILDOMAR AUTHORIZING THE LEVY OF SPECIAL
TAXES
WHEREAS, on October 13 , 2025 , the City Council (the “ City Council ”) of the City of Wildomar (the “ City”) adopted Resolution No. 2025-53 declaring its intention to form Community Facilities District No. 2025-S (Services) of the City of Wildomar (the “District”) pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”); and
WHEREAS, on December 3, 2025, this City Council adopted Resolution No. 2025-67, which changed the public hearing date relative to the proposed formation of the District and the levy of the special tax therein to finance certain public services and related expenses, previously called for December 10, 2025 to January 14, 2026; and WHEREAS, on January 14, 2026, after providing all notice required by the Act, the City Council conducted a noticed public hearing required by the Act relative t o the proposed formation of the District, the proposed levy of a special tax therein to finance certain public services described in Resolution No. 2025-53; and WHEREAS, at the January 14, 2026 public hearing, all persons desiring to be heard on all matters pertaining to the formation of the District and the proposed levy of the special tax to finance the public services described in Resolution No. 2025-53 were heard and a full and fair hearing was held; and
WHEREAS, on January 14, 2026 , the Board adopted Resolution No. ______ which formed the District and called a special election within the District on January 14, 2026 on two propositions relating to the levy of a special tax within the District and the establishment of an appropriations limit within the District; and WHEREAS, on January 14, 2026 , a special election was held within the District at which the qualified electors approved by a vote of two-thirds or more Propositions A and B authorizing the levy of a special tax within the District for the purposes described in Resolution No. _____ and establishing an appropriations limit for the District; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WILDOMAR ACTING IN
ITS CAPACITY A S THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2025-S (SERVICES) OF THE CITY OF WILDOMAR ORDAINS AS FOLLOWS:
Section 1. The above recitals are all true and correct.
Section 2. By the passage of this Ordinance, the Board authorizes and levies special taxes within th e District pursuant to Sections 53328 and 53340 of the Act at the rates 228
2 4921-2514-9047v3/200945-0008
and in accordance with the rate and method of apportionment set forth in Attachment “C” to Resolution No. 2025-53, which is incorporated by reference herein (the “Rate and Method”). The special taxes are hereby levied commencing in the fiscal year specified in the Rate and Method and in each fiscal year thereafter so long as the services authorized to be financed by the District, are provided through such financing within the District.
Section 3. Each of the Mayor, the City Manager, the Finance Manager or their written designees (each, an “Authorized Officer”), acting alone, is hereby authorized and directed each fiscal year to determine the specific special tax rates and amounts to be levied in such fiscal year on each parcel of real property within the District, in the manner and as provided in the Rate and Method. The special tax rate levied on a parcel pursuant to the Rate and Method shall not exceed the maximum rate set forth in the Rate and Method for such parcel, but the special tax may be levied at a lower rate.
Each Authorized Officer is hereby authorized and directed to provide all necessary information to the Treasur er-Tax Collector of the County of Riverside and to otherwise take all actions necessary in order to effect proper billing and collection of the special tax, so that the special tax shall be levied and collected in sufficient amounts and at times necessary to satisfy the financial obligations of the District in each fiscal year.
Section 4. Properties or entities of the state, federal or other local governments shall be exempt from the special tax, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act and Section G of the Rate and Method. No other properties or entities are exempt from the special tax unless the properties or entities are expressly exempted in Resolution No. ____, or in a resolution of consideration to levy a new special tax or special taxes or to alter the rate or method of apportionment or an existing special tax as provided in Section 53334 of the Act.
Section 5. All of the collections of the special tax shall be used as provided for in the Act, the Rate and Method and Resolution No. ___.
Section 6. The s pecial tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes (which such procedures include the exercise of all rights and remedies permitted by law to make corrections, including, but not limited to, the issuance of amended or supplemental tax bills), as such procedure may be modified by law or by this City Council from time to time.
Section 7. The Mayor of the City shall sign this Ordinance and the City Clerk or Deputy City Clerk (referred to herein as the “City Clerk”) shall attest to the Mayor’s signature and then cause the same to be published within fifteen (15) days after its passage at least once in The Press Enterprise , a newspaper of general circulation published and circulated in the City of Wildomar.
Section 8. The specific authorization for adoption of this Ordinance is pursuant to the provisions of Section 53340 of the Act.
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Section 9. The City Clerk is hereby authorized to transmit a certified copy of this Ordinance to the Treasurer-Tax Collector of the County of Riverside , and to perform all other acts which are required by the Act, this Ordinance or by law in order to accomplish the purpose of this Ordinance.
Section 10. A full reading of this Ordinance is dispensed with prior to its final passage, a written or printed copy having been available to the City Council and the public a day prior to its final passage.
Section 11. This Ordinance shall take effect thirty days after its final passage.
PASSED, APPROVED AND ADOPTED this ___ day of _________, 2026:
Carlos Marquez
Mayor
APPROVED AS TO FORM: ATTEST:
Thomas D. Jex Janet Morales Garcia, CMC
City Attorney City Clerk
230
4 4921-2514-9047v3/200945-0008
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF WILDOMAR )
I, Janet Morales Garcia, City Clerk of the City of Wildomar, California, do hereby certify that Ordinance No. ____________ was adopted by the City Council of the City of Wildomar, California, at the Regular meeting of __________, 202 6 and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Janet Morales Garcia, CMC
City Clerk
City of Wildomar
231
CITY OF WILDOMAR
CITY COUNCIL REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.9
Meeting Date: February 10, 2026
SUBJECT:
Fifth Amendment to Professional Services Agreement with Interwest Consulting Group, Inc. for On-Call/Staff
Augmentation Services - Public Works/Engineering
SUBMITTED BY:
Carlos Geronimo, Principal Engineer
PREPARED BY:
Carlos Geronimo, Principal Engineer
ACTION:
Authorize the City Manager to execute the Fifth Amendment to the Professional Services Agreement with Interwest Consulting Group, Inc. for On-Call/Staff Augmentation Services – Public Works and Engineering
SUMMARY:
This Fifth Amendment includes an increase in hourly rates for various Public Works/Engineering services provided to the City by Interwest Consulting Group.
BACKGROUND:
Interwest Consulting Group (Interwest) has provided On-Call/Staff Augmentation Services since City incorporation. The initial Agreement is dated April 2, 2008. The First Amendment, September 10, 2008, addressed indemnification insurance provisions. During past lean revenue years, Interwest agreed to reduced hourly rates billed to the City and reduced hourly rates by 5% from the original contract billing rates. The Second Amendment, May 10, 2017, readjusted the hourly billing rates to the original contract rates and also increased the hourly billing rates for private development projects. A Third Amendment was approved on June 8, 2022, and increased hourly billing rates by about 15%. A Fourth Amendment specific to Building and Safety Department services and rates was approved on February 14, 2024.
Hourly billing rates charged by Interwest for services provided to the Public Works/Engineering Department have not been adjusted since Amendment No. 3 in 2022 .
DISCUSSION:
Due to ongoing needs of the Public Works/Engineering Department for design, plan checking, and inspection services, the City relies on support from on-call consultants to help provide these services. Interwest has requested a rate adjustment for their Public Works/Engineering hourly billing rates. As previously noted, the Public Works/Engineering rates have not been adjusted since June 8, 2022. To adjust the rates, it is necessary to amend the City's current On-Call Consultant Agreement to reflect the new hourly rates. A proposed Fifth Amendment has been prepared that includes the new proposed billing rates for Public Works/Engineering services. The adjustment to the hourly fee rate schedule is based on the cumulative Consumer Price Index (CPI) percentages from years 2023 through 2025. The hourly fee rate increase for Prevailing Wage Rate Inspection Services is greater than CPI due to prevailing wage rate requirements for Public Works projects. The hourly billing rates approved in 232
Amendment No. 4 for the Building and Safety Department remain unchanged and will become part of this amendment as shown in Attachment A. If approved, the changes would become effective on February 16, 2026.
FISCAL IMPACT:
The cost for On-Call/Staff Augmentation services will increase by about 10% effective February 16, 2026, as compared to the latest amended agreement. Prevailing Wage Inspection Costs represent an approximate 43%-56% increase over the non-prevailing wage rates for inspection. Costs associated with this amendment will be charged to the applicable fund accounts for the projects for which Interwest staff are providing services.
ATTACHMENTS:
A - Fifth Amendment
233
FIFTH AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT FOR
ON-CALL / STAFF AUGMENTATION
by and between
the
CITY OF WILDOMAR
and
INTERWEST CONSULTING GROUP, INC.
Dated February 10, 2026
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FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR
ON-CALL / STAFF AUGMENTATION
This Fifth Amendment to Agreement for Professional Services (“Fifth Amendment”), which is dated February 10, 2026, is hereby entered into by and between the CITY OF WILDOMAR , a California general law city (“City”), and INTERWEST CONSULTING GROUP , Inc., a California Corporation (“Service Provider”), as follows:
RECITALS
A. City and Service Provider entered into an agreement for Professional Services on April 2, 2008 (“Agreement”). The Agreement provides that Service Provider will perform On-Call / Staff Augmentation services for the City as described in Exhibit A, Scope of Services of the original Agreement.
B. City and Service Provider entered in a First Amendment for Professional Services on September 10, 2008 (“Agreement”). The First Amendment addressed indemnification and insurance provisions.
C. City and Service Provider entered in a Second Amendment for Professional Services on May 10, 2017 (“Agreement”). The Second Amendment increased the rates for services by about 7.5%.
D. City and Service Provider entered in a Third Amendment for Professional Services on June 8, 2022 (“Agreement”). The Third Amendment increased the hourly billing rates for services by approximately 15%.
E. City and Service Provider entered in a fourth Amendment for Professional Services on February 14, 202 4 (“Agreement”). The Fourth Amendment amended the hourly billing rate for Budling Safety Services.
F. This F ifth Amendment amends the hourly billing rate for Public Works / Engineering Services.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this Fifth Amendment which amends the Agreement as follows:
1. AMENDMENT. The Agreement is hereby modified and amended as follows:
1.1. EXHIBIT B-2 of the Agreement is hereby modified to modify the rates attached hereto effective February 16, 2026.
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GENERAL PROVISIONS
1. Remainder Unchanged. Except as specifically modified and amended in this Fifth Amendment, the Agreement remains in full force and effect and binding upon the parties.
2. Integration. This Fi fth Amendment constitutes the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this Fifth Amendment.
3. Effective Date. This Fifth Amendment shall not become effective until the date it has been formally approved by the City Council and executed by the appropriate authorities of the City and Service Provider.
4. Applicable Law . The laws of the State of California shall govern the interpretation and enforcement of this Fifth Amendment.
5. References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this F ifth Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Fifth Amendment.
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IN WITNESS WHEREOF , the parties hereto have caused this Fifth Amendment to the Agreement to be executed on the date and year first above written.
CITY
By:_____________________________
Chris Mann, City Manager
ATTEST:
______________________________
Janet Morales-Garcia, CMC, City Clerk
APPROVED AS TO FORM
______
Thomas D. Jex, City Attorney
SERVICE PROVIDER
INTERWEST CONSULTING GROUP, Inc.
By:_____________________________
Name:________________________
Title: _________________________
By:_____________________________
Name:________________________
Title: _________________________
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ATTACHMENT A
AMENDED HOURLY RATES
238
1 Jenner Suite 160, Irvine, CA, 92618
626.224.2055
January 8, 2026
City of Wildomar
Jason Farag
23873 Clinton Keith Road, Suite 110
Wildomar, California 92595
Subject: Cumulative CPI Rate Adjustment for Engineering and Public Works Services Dear Jason,
in accordance with our agreement, hourly rates are subject to adjustment based on the annual Consumer Price Index. Since the commencement of our contract, Interwest Consulting Group has not implemented CPI adjustments for calendar years 2023, 2024, or 2025. Accordingly, the adjusted rates reflected herein are effective February 1, 2026.
This letter is intended to formally notify the City of Wildomar that we are now proposing a cumulative CPI rate adjustment reflecting the following published CPI increases:
2023 CPI increase of 3.4%
2024 CPI increase of 2.8%
2025 CPI increase of 3.5%
These adjustments are based on the applicable Bureau of Labor Statistics Consumer Price Index and are being applied sequentially, year over year, in accordance with the contract terms.
For clarity and transparency, we have prepared a detailed rate schedule that shows the current contract rate and the adjusted rate after each annual CPI increase for 2023, 2024, and 2025. This breakdown is included as an attachment and clearly illustrates how the cumulative CPI adjustments result in the proposed 2025 rates.
Cumulative CPI Rate Adjustment Table
Position Current Rate 2023 CPI 3.4 % 2024 CPI 2.8% 2025 CPI 3.5% Manager Engineering and Building $161.00 $166.47 $171.14 $177.13 City Engineer $155.25 $160.53 $ 165.02 $170.80
City Traffic Engineer $149.50 $154.58 $ 158.91 $164.47 Supervising Engineer $149.50 $154.58 $158.91 $164.47 Senior Engineer/Senior Project Manager $143.75 $148.64 $152.80 $158.15 Engineering Associate III/Project Manager $126.50 $130.80 $134.46 $139.17 Engineering Associate II/Project Engineer $120.75 $124.86 $128.35 $ 132.84 Engineering Associate I $115.00 $118.91 $122.24 $ 126.52 Engineering Technician III $103.50 $107.02 $110.02 $ 113.87 Engineering Technician II $92.00 $95.13 $97.79 $101.21 Engineering Technician I $80.00 $82.72 $85.04 $88.01 Transportation Services Manager $143.75 $148.64 $152.80 $158.15 Supervising Transportation Planner $138.00 $142.69 $146.69 $151.82 239
THOUGHTFUL SOLUTIONS . THRIVING COMMUNITIES .
Senior Transportation Planner $ 132.00 $136.49 $140.31 $145.22 Associate Transportation Planner III $126.50 $ 130.80 $134.46 $139.17 Associate Transportation Planner II $120.75 $124.86 $ 128.35 $132.84 Associate Transportation Planner I $115.00 $118.91 $122.24 $126.52 Construction Services Manager $143.75 $148.64 $152.80 $158.15 Senior Construction Manager $132.00 $136.49 $140.31 $145.22 Construction Manager $126.50 $130.80 $134.46 $ 139.17 Assistant Construction Manager $115.00 $118.91 $122.24 $126.52 Supervising Public Works Observer $115.00 $118.91 $122.24 $ 126.52 Senior PW Observer III $111.00 $114.77 $ 117.99 $122.12 Senior PW Observer II $105.00 $108.57 $111.61 $115.52 Senior PW Observer I $100.00 $103.40 $106.30 $110.02 Public Works Observer III $97.00 $100.30 $103.11 $ 106.72 Public Works Observer II $92.00 $95.13 $ 97.79 $101.21 Public Works Observer I $86.00 $88.92 $91.41 $94.61 Prevailing Wage Rates
Supervising Public Works Observer $165.00
Senior PW Observer III $160.00 Senior PW Observer II $155.00 Senior PW Observer I $150.00 Public Works Observer III $145.00
Public Works Observer II $140.00 Public Works Observer I $135.00 We truly value our partnership with the City of Wildomar and appreciate the opportunity to continue supporting your team. Please let us know if you have any questions or need any additional information your dedicated account manager is Juliette Ryan, who can be reached at [email protected] or 562-723-9969.
Sincerely,
Eric Pendley
Vice President of Operations
Interwest Consulting Group
A SAFEbuilt Company
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CITY OF WILDOMAR
CITY COUNCIL REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.10
Meeting Date: February 10, 2026
SUBJECT:
Software Licensing and Services for a New Online
Development Case Processing and Tracking System
SUBMITTED BY:
Robert Flores, Community Development Director
PREPARED BY:
Robert Flores, Community Development Director
ACTION:
1. Review the attached draft Request for Proposal (RFP) for Software Licensing and Services for a New Online Development Case Processing and Tracking System and provide any comments to staff; and
2. Authorize staff to post the RFP on PlanetBids after making any requested amendments, for response by, and evaluation of, qualified companies.
SUMMARY:
Review and comment on a draft Request for Proposal ("RFP") for software licensing and services for a new online development case processing and tracking system. Upon approval, staff will post the RFP to the City of Wildomar's PlanetBids portal in order to request proposals from qualified firms with public agency experience.
BACKGROUND:
Currently, the City of Wildomar ("City") uses multiple outdated, obsolete or single use case (or permit) tracking systems. In some instances, case processing is done manually and tracked using spreadsheets. Additionally, although the City accepts submittals digitally, application intake often takes on different forms, including by email, using third-party file sharing solutions, etc. Code Enforcement case processing and business registration processing both have separate systems for intake and processing as well. This situation creates inefficiencies, disconnection, and complicates the processes and prevent strong collaboration internally between the various Development Services and Enforcement departments and divisions of the City. Additionally, the City does not currently have a public facing portal or platform to allow residents to track progress.
DISCUSSION:
The RFP is requesting proposals for the following scope of work:
• Thorough analysis of the City’s processes and procedures to understand the needs. • Solution that can meet all of the City’s needs for permitting, processing, case processing and tracking.
• Initial, launch and ongoing support for solution provided. • Regular and recurring meetings with city staff and anticipated users. • Testing and troubleshooting for initial launch and ongoing use. 241
Staff requests that the City Council review the RFP and provide feedback. The goal is to ensure that the RFP identifies firms that a software solution and implementation services that will meet the needs of the City to create efficiency, cost-savings, and encourage stronger collaboration and consistency. On approval of the RFP, staff will post it to the City's online purchasing bid application, PlanetBids. Firms will be given at least a month to respond with any related questions directed through the system. Once the proposals are received, the consultants will be evaluated based on how well the proposal responds to the needs of the City and the RFP. Based on the responses, a top candidate will be selected and staff will draft an agreement for approval.
FISCAL IMPACT:
There is no fiscal impact associated with approving and posting an RFP that is not covered by the Department's adopted budget. The cost for a new system will be determined once proposals have been received from qualified firms.
ATTACHMENTS:
Permit System RFP_Feb2026 FINAL DRAFT.pdf
242
REQUEST FOR PROPOSALS
FOR
SOFTWARE LICENSING AND SERVICES
FOR A NEW ONLINE DEVELOPMENT
CASE PROCESSING AND TRACKING
SYSTEM
RFP RESPONSE DUE BY
TBD
BY 5:00 PM
243
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RFP for Case Software Licensing and Services Page 2
Contents
Introduction ................................ ................................ ................................ ................................ 3 Background ................................ ................................ ................................ ................................ 3 Scope of Required Services ................................ ................................ ................................ ....... 3 Submittal Form and Content ................................ ................................ ................................ ...... 4 Submittal Evaluation ................................ ................................ ................................ .................. 7 Point of Contact ................................ ................................ ................................ ......................... 7 General Information ................................ ................................ ................................ ................... 7 Attachments ................................ ................................ ................................ ............................... 8 244
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REQUEST FOR PROPOSALS
SOFTWARE LICENSING AND SERVICES
FOR A NEW ONLINE DEVELOPMENT
CASE PROCESSING AND TRACKING
SYSTEM
Introduction
The City of Wildomar (City) is requesting proposals from qualified firms to contract for Software Licensing and Services for a New Online Development Case Processing and Tracking System, in accordance with the included specifications, terms, and conditions as shown in this Request for Proposals (RFP). Prospective respondents are advised to read this information over carefully prior to submitting a proposal.
Background
Wildomar is located in southwestern Riverside County, incorporated as a city on July 1, 2008. The City is approximately 70 miles north of San Diego and 60 miles southeast of Los Angeles. The City boundaries encompass 24 square miles, providing a “Community Ranch” lifestyle for its approximate 37,000 residents. The City has an approved operating budget of $20,424,000 for fiscal year 2026-2027.
The City of Wildomar is a general law city, providing a full range of municipal services, including police and fire , public works, planning, building, recreation, economic development, and animal control. Water and sewer services are provided by separate districts.
The City contracts its fire, police, and animal control services and has authorized 53 full-time employees and 2 part-time employees for Fiscal Year 2025-2026. Currently, all staff is at-will and represented.
The City invites proposals for the new software licensing and services for a new online development case processing and tracking system.
Scope of Required Services
The City is searching for qualified firms with adequate solutions for a case processing 245
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and tracking software and extensive experience in implementation of systems for local agencies, particularly municipalities. Local firms and experience is preferred.
Specific solutions/software, services and responsibilities to include:
• Thorough analysis of the City ’s processes and procedures to understand the needs.
• Solution that can meet all of the City’s needs for permitting, processing, case processing and tracking.
• Initial, launch and ongoing support for solution provided. • Regular and recurring meetings with city staff and anticipated users. • Testing and troubleshooting for initial launch and ongoing use.
Submittal Form and Content
To assist in the review process of all received proposals , the following information is required in the Proposal submittal:
• Introduction and Cover Letter: Provide a cover letter describing your interest in this RFP. Within the letter, provide the name, address, phone number, and email address of the contact person. If the individual/firm operates from more than one location, please specify the office to wh ich this project will be assigned. If your firm is subcontracting portions of this work, please indicate the firms with which you will be partnering along with the name, address, phone number, and email address of the contact person. Indicate the task(s) that will be subcontracted and how the subcontract work will be managed and checked for quality control.
• Proposer Qualifications: The proposal should include:
o Firm profile and qualifications , including specific experience case/permit software implementation and launching, with the number of government agencies, including any local municipalities and success rate. o Summary of of similar projects. Include at least two (2) samples for similar work for other local government agencies ( if added as appendix - this will not count toward your page limit).
o Qualifications and relevant experience for the identified team members. o Describe any attributes that distinguish the services and software provided by your firm/individual from others that would help the City in the selection 246
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process.
• Project Understanding and Approach : Provide a summary of the understanding of the project (Scope of Required Service), and the proposer must also describe, in detail, how the required scope of services will be met, and may provide additional related information with the proposal. The proposal should contain a detailed description of the activities to be conducted by the consultant to complete the requested scope of work, including:
o Recommended specific activities and tasks to be conducted at each stage, including the use of any subcontractors and/or partners. o Milestones and deliverables tied to those activities. o Expectations of the type and amount of tasks/support requested of City staff to assist in the process.
o Identification of the Project Manager and key staff members who will be assigned to the daily work of the project.
o Outline what services and data should be provided by the City of Wildomar.
• Client References: Complete contact information for a minimum of three recent clients for whom similar services described in the RFP have been performed.
Include type of service provided to client, project description, starting and ending project dates, staff assigned to the project and discuss the final outcome.
• Tentative Schedule: By phase and each task to be completed. Should include estimated hours for Proposer staff in performing each phase of the work, including subconsultants.
• Compensation: Project budget to provide, implement, and launch the proposed solution/software, itemized based on cost per task to complete the work and including, but not limited to software initial and ongoing cost, recurring costs, hourly rates, reimbursables, and providing a total not to exceed cost.
• Agreement: The selected vendor will be expected to enter and perform services under the City’s Agreement for Services (Attachment A) or note changes being requested. During the review process, the City will note the extent of the changes to the City’s Agreement.
Selection Timeline
City Issues RFP TBD (expected in early March 2026)
Questions Submittal Deadline TBD
Responses to Questions (if any) TBD
RFP Submittal Deadline TBD (at least 30days)
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City Review of Proposals TBD
Selection of Proposal for Council Consideration and Notification TBD Approval of Agreement(s) and budget TBD
Effective Date of Agreement(s) and Commencement of Work Upon Execution Proposals, which appear unrealistic in terms of technical commitments, lack of technical competence, or are indicative of failure to comprehend the complexity of this project, may be rejected. The City of Wildomar reserves the right to extend the deadline of the proposed project to meet the objectives of the agency.
SUBMISSION INSTRUCTIONS
All proposals shall be submitted electronically through PlanetBids. Proposals are due no later than (date TBD) at 5:00 p.m . One (1) electronic proposal package must be submitted through PlanetBids at https://vendors.planetbids.com/portal/66534/portal- home. Proposals received after the above-cited time will be considered a late bid and not accepted. Proposals will not be opened publicly, and the City will endeavor to keep such confidential until a preferred service provider is selected.
Proposals will only be considered from vendors who are actively engaged in providing services for public agencies as specified herein. The City reserves the right to inspect the vendor(s) products, personnel, and organization at any time, or to take any other action necessary to determine a vendor(s) ability to perform the work required herein, including contacting any current or previous clients of the vendor for a reference check. The City will provide the vendor notification of any activity requiring in-person interactions with the vendor at least 72 hours in advance. The City reserves the right to reject proposals where evidence or evaluation is determined to indicate inability to perform the required services outlined in the RFP. The City reserves the right to interview any or all responding vendors to this RFP or issue an award of contract without conducting any interviews.
All costs required for the preparation and submission of a response shall be borne by Bidder. Only one proposal response will be accepted from any one person, partnership, corporation, or other entity; however, several alternatives may be included in one response. For purposes of this requirement, “partnership” shall mean, and is limited to, a legal partnership formed under one or more of the provisions of the California or other state’s Corporations Code or an equivalent statute. Responses are limited to not more than 25 pages including the letter of introduction, but excluding any attachments. 248
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Submittal Evaluation
Criteria to be used to evaluate the submittals will include, but not limited to:
• Degree to which each submittal responds to the needs of the City and this request (responsiveness, preciseness, thoroughness, etc.).
• Evidence of the ability to provide service in a prompt, thorough and professional manner.
• Experience, professional credentials, reputation, and work examples provided. • Ability to complete the work in a timely manner.
• Fee amount & structure.
Point of Contact
Questions regarding this RFP must be submitted in writing to the Community Development Director, Robert Flores at [email protected]. All questions and their answers will be posted on Planet Bids for review by all proposers. The deadline for submission of questions is (date TBD). Responses will be posted on Planet Bids no later than (date TBD).
General Information
The selected vendor will be expected to enter and perform services under the City’s Agreement for Services ( Attachment A) or note changes being requested. During the review process, the City will note the extent of the changes to the City’s Agreement.
In the event the vendor and the City are unable to agree on the terms of the City’s Agreement for Services, the City reserves the right to reject the submittal. Further, the City reserves the right to accept or reject any or all submittals received as a result of this request, to negotiate with qualified sources, or to cancel in part, or in its entirety, this Request for Proposal, if it is in the best interest of the City to do so.
This is a Request for Proposal (RFP). This RFP does not commit the City to pay any costs incurred for the preparation of the submission of a proposal, or to contract for supplies or services.
For a submittal to be considered responsive, all requested information must be submitted. 249
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Attachments
Attachment A: City of Wildomar Standard Agreement for Services
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AGREEMENT FOR SERVICES
By and Between
THE CITY OF WILDOMAR,
a municipal corporation
and
___________________________________
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AGREEMENT FOR SERVICES
BETWEEN
THE CITY OF WILDOMAR, CALIFORNIA
AND
__________________________________
This Agreement for Services (“Agreement”) is entered into as of this ____ day of _________, 20__ by and between the City of Wildomar, a municipal corporation (“City”) and ____________________, a ___________________ (“Service Provider”). City and Service P rovider are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, by [describe process used, i.e. request for qualifications, request for quotations, request for proposals, direct negotiation, informal quotes] the performance of the services defined and described particularly in Section 2 of this Agreement.
B. Service Provider, following submission of a [proposal, quote, bid, etc.] for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Wildomar’s Municipal Code, City has authority to enter into this Services Agreement and the City Manager has authority to execute this Agreement.
D. The Parties desire to formalize the selection of Service Provider for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
TERM OF AGREEMENT.
Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is for [___ years/months] commencing on the date first ascribed above.
SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE.
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Scope of Services . Service Provider agrees to perform the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
Schedule of Performance . The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Service Provider shall be deemed to be in Default of this Agreement. The City, in its sole discretio n, may choose not to enforce the Default provisions of this Agreement and may instead allow Service Provider to continue performing the Services.
ADDITIONAL SERVICES.
Service Provider shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
COMPENSATION AND METHOD OF PAYMENT.
Subject to any limitations set forth in this Agreement, City agrees to pay Service Provider the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed ______________________________ dollars ($_____________), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. In accordance with California Government Code Section 8546.7, if the Not to Exceed Amount exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement and the Service Provider's books and records related to this Agreement shall be subject to the examination and aud it of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
Each month Service Provider shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub -Service Provider contracts. Sub -Service Provider charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include paym ent of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Service Provider to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoic e shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses 253
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are disputed by City, the original invoice shall be returned by City to Service Provider for correction and resubmission.
Except as to any charges for work performed or expenses incurred by Service Provider which are disputed by City, City will use its best efforts to cause Service Provider to be paid within forty -five (45) days of receipt of Service Provider’s correct and undisputed invoice.
Payment to Service Provider for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Service Provider.
INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Service Provider’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Service Provider’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Service Provider’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud.
Acceptance of any of Service Provider’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
OWNERSHIP OF DOCUMENTS; EXCEPTIONS; WARRANTY
Except as otherwise provided below, all documents, data, studies, drawings, maps, models, photographs and reports prepared by service provider (collectively, “Documents”) under this Agreement are City’s property. Service Provider may retain copies of such Documents as desired but will deliver all original materials to City upon City’s written notice. City agrees that use of Service Provider’s completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at City’s own risk. Service Provider warrants that all Documents it drafts and completes pursuant to this Agreement constitutes original work. Specifically, Service Provider understands and agrees that use of artificial intelligence (AI) tools including, w ithout limitation, ChatGPT, Microsoft’s Bing Chat, Google’s Bard, and Meta’s LLaMA (Large Language Model Meta AI), in the performance of this Agreement does not constitute an original work, i.e., submitting Documents generated by such AI tools to City and representing it as Service Provider’s original work constitutes a material breach of this Agreement, constitutes a false claim, and may also violate applicable intellectual property right laws including, without limitation, United States Copyright Law. Acc ordingly, and notwithstanding any other provision of this Agreement as to ownership, City specifically rejects ownership of such Documents. Service Provider is required to indemnify and defend City to the fullest extent allowed by applicable law should it violate this Section.