The following words and terms when used in this chapter shall have the meanings herein ascribed to them.

   AMUSEMENT MACHINE. Any mechanical or electronic machine, apparatus, contrivance, appliance or device which may be operated or played upon the placing or depositing therein of any coin, check, slug, ball, or any other article or device, or by paying therefor either in advance of or after use, involving in its use either skill or chance, including but not limited to, a tape machine, a card machine, a pinball machine, a bowling game machine, a horse racing machine, a basketball game machine, a baseball game machine, a football game machine, an electronic video game or any other similar machine or device except for a billiard or pool table, a music machine or a merchandise vending machine.

   AMUSEMENT MACHINE OWNER. The person or entity which owns or leases on a long term basis one or more amusement machines as defined in this chapter, which are placed in business establishments located in the city. This definition shall not include the owner or operator of a business establishment which has amusement machines on the premises, unless the specific machines are owned or long-term leased by the business owner or operator.

   APARTMENT HOUSE, ROOMING HOUSE, MOBILE HOME PARKS and TRAILER COURTS. Any dwelling having five or more rental dwelling units situated upon a single lot, or parcel of land, or subdivision, owned by the same party, or contiguous to each other on one or more parcels of land, with construction, whether original or altered, so planned as to indicate operation as a single enterprise.

   AUTO WRECKERS. Any person who buys any motor vehicle for the purpose of dismantling or disassembling or who dismantles or disassembles any such motor vehicle whether for the purpose of dealing in any of the parts thereof, or using the same for the purpose of reconditioning any other vehicles, or for the purpose of selling or otherwise dealing in materials of such motor vehicles.

   BUSINESS. Professions, trades and occupations and every kind of calling carried on for profit or livelihood.

   EXCLUDED SUMS. The sums excluded from “gross receipts” as follows:

      (A)   DISCOUNTS. Cash discounts allowed and taken on sales.

      (B)   OTHER TAXES. Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser.

      (C)   RETURNED GOODS. The part of the sale price of property returned by purchasers upon rescission of the contract of sale as is refunded either in cash or by credit.

   GARAGE OR YARD SALE. The sale from the residence or residential lot of a vendor of personal property which was not purchased or solicited by the vendor(s) for purpose of resale, and when the personal property has been used in the home of the vendor and, or, in the home of not to exceed five other vendors. The length of sale shall not exceed three consecutive days. Any person conducting more than one such sale at the same location within six months shall be presumed to be engaged in a business other than a garage or yard sale.

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

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

   JUNK COLLECTORS. A person not having a fixed place of business in the city and going from house to house or from place to place gathering, collecting, buying, selling or otherwise dealing in junk (rags, bottles, paper, cans, metal and other articles commonly classified as junk).

   JUNK DEALER. A person not having a fixed place of business in the city and conducting or managing the business of buying or selling at wholesale or retail or otherwise dealing in junk (rags, bottles, paper, cans, metal and other articles commonly classified as junk). Any junk dealer’s license issued pursuant to provisions of this section shall include the right to collect junk with one vehicle.

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

(1995 Code, § 5.04.010)

   The provisions of this chapter are not enacted solely to raise revenue from municipal purposes and are intended for regulation.

(1995 Code, § 5.04.020) (Ord. 14-02, passed 3-18-2014)

   Any person required to pay a license tax for transacting and carrying on any business under this chapter shall be relieved from the payment of any license tax for the privilege of doing such business which has been required under any other regulation of the city, but shall remain subject to the regulatory provisions of such other regulations. This section shall not apply to inspection fees.

(1995 Code, § 5.04.030)

   Neither the adoption of the provisions of this chapter nor their superseding of any portion of any other provision of this code shall in any manner be construed to affect prosecution for violation of any ordinance committed prior to the effective date of the provisions, nor be construed as a waiver of any license or any penal provision applicable to any such violation, nor be construed to affect the validity of any bond or cash deposit required by any ordinance to be posted, filed or deposited; and all rights and obligations thereunto appertaining shall continue in full force and effect.

(1995 Code, § 5.04.040)

   Where a license for revenue purposes has been issued to any business by the city and the tax paid therefor under the provisions of any ordinance heretofore enacted and the term of the license has not expired, then the license tax prescribed for the business by the provisions of this chapter shall not be payable until the expiration of the term of the unexpired license.

(1995 Code, § 5.04.050)

   No license issued pursuant to this chapter shall be transferable. Where, however, a license is issued authorizing a person to transact and carry on a business at a particular place, the licensee may upon application therefor and paying a fee of $1, have the license amended to authorize the transacting and carrying on of the business under the license at some other location to which the business is to be moved.

(1995 Code, § 5.04.060)

   There are hereby imposed upon the businesses, trades, professions, callings and occupations specified in this chapter license taxes in the amounts hereinafter prescribed; and it shall be unlawful for any person to transact and carry on any business, trade, profession, calling or occupation in the city without first having procured a license form the city so to do or without complying with all applicable provisions of this chapter.

(1995 Code, § 5.04.070)

   (A)   A separate license must be obtained for each branch, establishment or location of the business transacted and carried on and for each separate type of business at the same location; and each license shall authorize the licensee to transact and carry on only the business licensed thereby at the location or in the manner designed in the license.

   (B)   A vendor at any special event(s) and/or trade show(s) within the city who can provide proof of a current city business licensed thereby at the location or in the manner designated in the license.

(1995 Code, § 5.04.080) (Ord. 95-1770, passed - -1995)

   Warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this chapter shall not be deemed to be separate places of business or branch establishments.

(1995 Code, § 5.04.090)

   Nothing in this chapter shall be deemed or construed to apply to any person transacting and carrying on any business exempt by virtue of the Constitution or applicable statutes of the United States or of the state from the payment to municipal corporations of the taxes, as are herein prescribed.

(1995 Code, § 5.04.100)

   The provisions of this chapter shall not be deemed or construed to require the payment of a license tax to conduct, manage or carry on any business, occupation or activity from any institution or organization which is conducted, managed or carried on wholly for the benefit of charitable purposes or from which profit is not derived, either directly or indirectly by any person, nor shall any license tax be required for the conducting of any entertainment, dance, concert, exhibition or lecture on scientific, historical, literary, religious or moral subjects within the city, whenever the receipts of any such entertainment, concert, exhibition or lecture are to be appropriated to any church or school or to any religious or benevolent purpose, nor shall any license tax be required for the conducting of any entertainment, dance, concert, exhibition or lecture by any religious, charitable, fraternal, educational, military, state, county or municipal organization or association, whenever the receipts of any such entertainment, dance, concert, exhibition or lecture are to be appropriated for the purpose and objects for which the organization or association was formed, and from which profit is not derived, either directly or indirectly by any person.

(1995 Code, § 5.04.110)

   Nothing in this chapter, however, shall be deemed to exempt any organization or association from complying with the provisions of this code requiring a permit from the Council or any commission or officer to conduct, manager or carry on any profession trade, call or occupation.

(1995 Code, § 5.04.120)

   The provisions of this chapter shall not be deemed or construed to require the payment of a license tax to conduct, manager or carry on any public auction for the sale of any goods belonging to the United States, the state or county or for the sale of property by virtue of any process issued by any court or for the sale of property by virtue of any deed of trust or for the bonafide sale of household goods at the domicile of the owner thereof; or for the sale at auction or otherwise of merchandise, salvaged from any fire, wreck or other calamity occurring in the city, for the purpose of adjusting the loss sustained by reason of the fire, wreck or other calamity; or for the sale at auction or otherwise of any stock of goods by any assignee for the benefit of creditors, receiver in bankruptcy or his or her assignee, for the purpose of liquidating and adjusting the debts and liabilities of any person having a permanent place of business in the city.

(1995 Code, § 5.04.130)

   The provisions of this chapter shall not be deemed or construed to require the payment of a license tax by any natural person soliciting or peddling anything which the person has personally manufactured or produced, or to any farmer, poultryman or horticulturist soliciting or peddling his or her own produce, excepting that this exemption shall not apply to farmers, poultrypersons or horticulturalists who buy goods for resale as well as selling their own produce; or to any person so soliciting. These exemptions shall apply only to natural persons.

(1995 Code, § 5.04.140)

   The provisions of this chapter shall not be deemed or construed to require the payment of a license tax by persons peddling or soliciting newspapers, periodicals, ice, milk, cream, butter, eggs or cottage cheese.

(1995 Code, § 5.04.150)

   Any individual 62 years or older or those individuals receiving Social Security disability payments shall be exempted from payment of the prescribed license tax for a garage or yard sale once in every calendar year provided, however, that the exempted garage or yard sale meets the definition of garage or yard sale as enumerated in § 5.04.010, except that the personal property to be sold must belong to the vendor exclusively.

(1995 Code, § 5.04.160)

   Sales of non-alcoholic beverages by minors under the age of 16 years shall be exempt from the business license fee provisions of this chapter and any vendor stand permit fees set forth in Chapter 10.58 but will be required to obtain a business license unless such sales occurs on the custodial parent's property and shall be subject to the following provisions:

   (A)   All minors are under the age of 16 years;

   (B)   All minors are residents of the City of Tulare;

   (C)   All minors must be the sole owner, except in the case of recognized non-profits such Scouts, Little League and schools, etc.;

   (D)   All minors must be present and all sales shall be limited to non-alcoholic beverages;

   (E)   All minors who are working for a for-profit business (vending company, local store, etc.) are subject to all business license fees as set forth in this chapter;

   (F)   Sales by minors can only operate on school holidays, Friday after school, Saturday and Sunday or during times when school is not in session (summer, spring, winter break, etc.) so not to interfere with school activities or homework. School times shall follow the traditional school calendar. A request for exemption can be made by the parent of the minor vendor;

   (G)   The parents of any minor must present to the city a release of liability waiver signed by the custodial parent;

   (H)   All minors engaged in the sale of non-alcoholic beverages must comply with all existing Tulare Municipal Code sections, including but not limited to: 10.58 (Vendor Stands), 8.16 (Sidewalk Obstructions), 5.92 (Mobile Vending), 8.36 (City Parks) and must comply with all city, county, and state health ordinances.

   (I)   A minor conducting a sale on private property must have permission of the property owner signed on a city issued form;

   (J)   All minor/juvenile business licenses issued for the sale of non-alcoholic beverages will expire 60 days from date of issuance.

(Ord. 09-13, passed 11-3-2009)

   Any person claiming an exemption pursuant to this chapter shall file a verified statement with the License Tax Collector stating the facts upon which exemption is claimed.

(1995 Code, § 5.04.170)

   The License Tax Collector shall, upon a proper showing contained in the verified statement, issue a license to the person claiming exemption under the foregoing provisions of this chapter without payment to the city of the license tax required herein.

(1995 Code, § 5.04.180)

   The License Tax Collector may revoke any license granted pursuant to the provisions of this chapter upon information that the licensee is not entitled to the exemption as provided herein.

(1995 Code, § 5.04.190)

   Every person required to have a license under the provisions of this chapter shall make application for the same to the License Tax Collector.

   (A)   Issuance. Every person(s) desiring to hold a going out of business or a removal of business sale must apply for a license with the License Tax Collector. After all requirements of § 5.04.070 are met, the license may be issued. The license shall authorize the sale described in the application for a period of not more than 45 consecutive days following the issuance thereof.

   (B)   Application for license. (Going Out of or Removal of Business Sale.)

      (1)   A license shall be obtained by any person(s) before selling or offering to sell goods at a going out of business or removal of business sale. The person(s) desiring to receive said license must submit, prior to the issuance of the license, a written application to the License Tax Collector setting forth and containing the following information:

         (a)   The true name and address of the owner of the goods to be subject of the sale;

         (b)   The true name and address of the person(s) from whom the goods to be sold, where purchased and their price, and if not purchased the manner of the acquisition;

         (c)   A description of the place where such sale is to be held;

         (d)   The nature of occupancy, whether by lease or sublease and the effective dates of termination of the occupancy;

         (e)   The dates of the period of time in which the sale is to be conducted;

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

         (g)   The means to be employed in advertising the sale, with the proposed context of any advertising;

         (h)   A complete and detailed inventory of the goods to be sold at the sale, as disclosed by the applicant’s records, the inventory shall be attached to and become part of the required applications; and

         (i)   All goods included in the inventory shall have been purchased by the applicant for resale on bonafide orders, without cancellation privileges and shall not comprise goods purchased on consignment.

      (2)   The inventory shall not include goods ordered in contemplation of conducting a going out of business or removal of business sale. Any unusual purchase or additions to the stock of goods of the business hereby effected within 60 days before the filing of an application shall be deemed to be of the character.

(1995 Code, § 5.04.200)

   Upon a person making application for the first license to be issued hereunder or for a newly established business, in all cases where the amount of license tax to be paid is based upon gross receipts, or average number or persons employed, or number of vehicles used, the person shall furnish to the License Tax Collector for his or her guidance in ascertaining the amount of license tax to be paid by the applicant, a written statement, upon a form provided by the License Tax Collector, sworn to before a person authorized to administer oaths, setting forth such information as may be there required and as may be necessary properly to determine the amount of the license tax to be paid by the applicant.

(1995 Code, § 5.04.210)

   If the amount of the license tax to be paid by the applicant is based upon the gross receipts, or average number of persons employed, or number of vehicles used in his or her business, he or she shall estimate the gross receipts.

(1995 Code, § 5.04.220)

   The estimate, if accepted by the License Tax Collector as reasonable, shall be used in determining the amount of license tax to be paid by the applicant.

(1995 Code, § 5.04.230)

   The amount of the license tax so determined shall be tentative only, and such person shall, within 30 days after the expiration of the period for which the license was issued, furnish the License Tax Collector with a sworn statement upon a form furnished by the License Tax Collector, showing the gross receipts, or average number of persons employed, or number of vehicles used in the business, during the period of the license, and the license tax for the period shall be finally ascertained and paid in the a manner provided by this chapter for the ascertaining and paying of renewal license taxes for other businesses, after deducting from the payment found to be due, the amount paid at the time the first license was issued.

(1995 Code, § 5.04.240)

   The License Tax Collector shall not issue to any person any other license for the same or any other business, until the person shall have furnished to him or her the written statement and paid the license tax, as herein required.

(1995 Code, § 5.04.250)

   (A)   General. In all cases, the applicant for the renewal of a license shall submit to the License Tax Collector for his or her guidance in ascertaining the amount of the license tax to be paid by the applicant, a written statement, upon a form to be provided by the License Tax Collector, sworn to before a person authorized to administer oaths, setting forth such information concerning the applicant’s business during the preceding year as may be required by the License Tax Collector to enable him or her to ascertain the amount of license tax to be paid by the applicant pursuant to the provisions of this chapter.

   (B)   License renewal. The License Tax Collector shall renew a going out of business or a removal of business license for one period of time only for not more than 45 consecutive days in addition to the time permitted in the original license, when he or she ascertains:

      (1)   The facts existing justify the renewal;

      (2)   That the licensee has filed an application for renewal; and

      (3)   That the licensee has submitted with the application for renewal a revised inventory showing the items on the original inventory which remain unsold, and not listing any goods not included in the original application and inventory.

(1995 Code, § 5.04.260)

   No statement shall be conclusive as to the matters set forth therein, nor shall the filing of the same preclude the city from collecting, by appropriate action, such sum as is actually due and payable hereunder.

(1995 Code, § 5.04.270)

   The statement and each of the several items therein contained shall be subject to audit and verification by the License Tax Collector, his or her deputies, or authorized to examine, audit and inspect the books and records of any licensee or applicant for license, as may be necessary in their judgement to verify or ascertain the amount of license fee due.

(1995 Code, § 5.04.280)

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

(1995 Code, § 5.04.290)

   The information furnished or secured pursuant to the preceding sections of this chapter shall be confidential. Any unwarranted disclosure or use of such information by any officer or employee of the city shall constitute a misdemeanor, and such officer or employee shall be subject to the penalty provisions of this code.

(1995 Code, § 5.04.300)

   If any person fails to file any required statement within the time prescribed or if after demand therefor made by the License Tax Collector, he or she fails to file a corrected statement, the License Tax Collector may determine the amount of license tax due from the person by means of the information as he or she may be able to obtain.

(1995 Code, § 5.04.310)

   In case such a determination is made, the License Tax Collector shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States Post Office at Tulare, California, postage prepaid, addressed to the person so assessed at his or her last known address.

(1995 Code, § 5.04.320)

   The person may within ten days after the mailing or serving of such notice, make application in writing to the License Tax Collector for a hearing on the amount of the license tax.

(Prior Code, § 5.04.330)

   If the application is made, or if application is not made within the time prescribed, the License Tax Collector must cause the matter to be set for hearing within 15 days before the Council. The License Tax Collector shall give at least ten-days’ notice to the person of the time and place of hearing in the manner prescribed for the service of notice of assessment.

(1995 Code, § 5.04.340)

   The Council shall consider all evidence produced, and written notice of its findings thereon, which findings shall be final, shall be served upon the applicant in a manner prescribed herein for service of notice of assessment.

(1995 Code, § 5.04.350)

   Upon the payment of the prescribed tax, the License Tax Collector shall issue to the applicant a license which shall contain:

   (A)   Name of licensee. The name of the person to whom the license is issued;

   (B)   Business. The business licensed;

   (C)   Location. The place where the business is to be transacted and carried on;

   (D)   Expiration date. The date of expiration of the license; and

   (E)   Other information. Such other information as may be necessary for the enforcement of the provisions of this chapter.

(1995 Code, § 5.04.360)

   Any person aggrieved by any decision of an administrative officer or agency, with respect to the issuance or refusal to issue the license, may appeal to the Council by filing a notice of appeal with the Clerk of the Council. The Council shall thereupon fix a time and place for hearing the appeal. The Clerk of the Council shall give notice to the person of the time and place of hearing by serving it personally or by depositing it in the United States Post Office at this city, postage prepaid, addressed to the person at his or her last known address.

(1995 Code, § 5.04.370)

   A duplicate license may be issued by the License Tax Collector to replace any license previously issued hereunder which has been lost or destroyed, upon the licensee filing an affidavit attesting to the fact, and at the time of filing the affidavit paying to the License Tax Collector a duplicate license fee of $1.

(1995 Code, § 5.04.380)

   Unless otherwise specifically provided, all annual license taxes, under the provisions of this chapter shall be due and payable in advance on July 1 each year. Except as otherwise provided, license taxes, other than annual licenses required hereunder shall be due and payable as follows:

   (A)   Semiannual license. Semiannual license taxes on January 1 and July 1 of each year;

   (B)   Quarterly license. Quarterly license taxes, on January 1, April 1, July 1 and October 1 of each year;

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

   (D)   Weekly license. Weekly license taxes, on Monday of each week in advance; and

   (E)   Daily license. Daily license taxes, each day in advance.

(1995 Code, § 5.04.390)

   (A)   For failure to pay a license tax, a penalty fee of 15% shall be added on the last day of each month after the due dates as set forth in § 5.04.390 of this chapter. The amount of the penalty to be added shall no event exceed 90% of the license fee due. The penalty fees shall be added if the license fee is not received by the License Tax Collector prior to:

      (1)   Annual fees. 5:00 p.m. on July 31 of each year;

      (2)   Semiannual fees. 5:00 p.m. on January 31 and July 31 of each year;

      (3)   Quarterly fees. 5:00 p.m. on January 31, April 30, July 31 and October 31 of each year;

      (4)   Monthly fees. 5:00 p.m. on the last day of each month;

      (5)   Weekly fees. 5:00 p.m., Friday of each week; and

      (6)   Daily. 5:00 p.m. daily.

   (B)   For the purpose of this section, payments made through the mail shall be considered to have been received by 5:00 p.m. on the day they are postmarked.

(1995 Code, § 5.04.400)

   It is the duty of the License Tax Collector to enforce all of the provisions of this chapter and the Chief of Police shall render assistance in the enforcement hereof as may from time to time be required by the License Tax Collector and/or the Council.

(1995 Code, § 5.04.410)

   The License Tax Collector in the exercise of the duties imposed upon him or her hereunder, and acting through his or her deputies or duly authorized assistants, shall examine or cause to be examined all places of business in the city to ascertain whether the provisions of this chapter have been complied with.

(1995 Code, § 5.04.420)

   In addition to all other powers conferred upon him or her, the License Tax Collector shall have the power, for good cause shown, to extend the time for filing any required sworn statement for a period not exceeding 30 days, and in such case to waive any penalty that would otherwise have accrued, and shall have the further power, with the consent of the Council, to compromise any claim as to amount of license tax due.

(1995 Code, § 5.04.430)

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

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

   (B)   Carrying of license. Any licensee transacting and carrying on business but not operating at a fixed place of business in the city shall keep the license upon his or her person at all times while transacting and carrying on the business.

   (C)   Entry, demand. The License Tax Collector and each of his or her assistants and any police officer shall have the power and authority to enter, free of charge, and at any reasonable time, any place of business required to be licensed herein, and demand an exhibition of its license certificate.

   (D)   Failure to exhibit license. Any person having the license certificate theretofore issued, in his or her possession or under his or her control, who wilfully fails to exhibit the same on demand, shall be guilty of a misdemeanor.

   (E)   Duty to prosecute. It shall be the duty of the License Tax Collector and each of his or her assistants to cause a complaint to be filed against any persons found to be violating any of the provisions.

(1995 Code, § 5.04.440)

   The amount of any license tax and penalty imposed by the provisions of this chapter shall be deemed a debt to the city; and any person carrying on any business without first having procured a license from the city so to do shall be liable to an action in the name of the city in any court of competent jurisdiction, for the amount of license tax and penalties imposed on the business.

(1995 Code, § 5.04.450)

   The conviction of any person for engaging in any business without first obtaining a license to conduct the business, nor shall the payment of any license tax prevent a criminal prosecution for the violation of any of the provisions of this chapter.

(1995 Code, § 5.04.460)

   (A)   Every person transacting and carrying on any business other than those businesses enumerated in § 5.04.480 shall pay a semiannual license tax based upon the average semiannually license tax based upon the average semiannually gross receipts as follows:

 

 

   (B)   Wholesale and telephone service: 50% of sales and services; $25 minimum. Contractors: minimum annual fee of $92.

(1995 Code, § 5.04.470)

   (A)   Professions. Accountant, architecture, appraiser, attorney at law, bacteriologist, bookkeeper, brokerage not otherwise listed, business or financial counselor, brokers in securities and commodities, chiropractor, chiropodist, certified public accountant, chemist dentistry, dental laboratory, detective agency, drafting, doctor, engineering (civil, mechanical, electrical, mining), geologist, insurance adjuster, landscape architect, medicine, medical laboratory, masseur, masseuse, optometry, optician, oculist, osteopath, physician and surgeon, psychiatrist, psychologist, public accountancy, public stenography, real estate broker (out of city), radiologist, surgery, surveyor, tax consultant, veterinarian; for each person duly licensed to practice said profession or vocation, whether a partner, employee or associate and including on assistant; such as a stenographer, secretary, clerk, nurse, real estate salesperson or other assistant $60 per semiannum, plus $9 per semiannum for each additional employee.

   (B)   Other business and vocations. Every person transacting or carrying on the business and vocations herein enumerated shall pay a license tax as follows:

 

 

   (C)   The fees are set forth in division (B) of this § 5.04.480 shall not be prorated, and shall be due and payable for all of any portion of the period specified. Licenses for semiannual periods shall expire or June 30 or December 31 immediately following their issuance.

(1995 Code, § 5.04.480)

   Any violation of any provision of this chapter shall be punishable as a misdemeanor. Upon recommendation of the prosecuting attorney and city agency, the misdemeanor may be reduced to an infraction.

   (A)   Misdemeanor. Any person guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine not to exceed $500 and/or imprisonment in the County Jail for not more than 30 days.

   (B)   Infraction. Any person guilty of an infraction, and upon conviction thereof, shall be punishable by a fine not to exceed $50 for the first offense, $100 or the second offense and $250 for each subsequent offense.

   (C)   Violation; perjury. Any person who knowingly or intentionally misrepresents to any officer or employee of the city any material fact herein required to be provided is in violation of this chapter. Additionally, any individual who on a sworn statement states as a true a material fact which he or she knows to be false, is guilty of perjury.

   (D)   Fraud. Any person who, with the intent to defraud the city or evade his or her business tax obligation misrepresents in any business tax form which the person files, any fact material to the determination of a correct amount of business tax due, shall be assessed a penalty of 100% of the amount of business tax due plus one percent interest per month, or a portion thereof, on the unpaid amount from the date the tax was due until the date of payment.

   (E)   Exhibition. Any person who has a business certificate issued under this chapter and has the certification in his or her control and who fails to exhibit the same upon request is in violation of this chapter.

(1995 Code, § 5.04.490) (Ord. 96-1789, passed - -1996)

   The payment of a license tax, and its acceptance by the city, and the issuance of the license, shall not entitle the holder thereof to carry on any business unless he or she has complied with all the requirements of this code and all other applicable laws, nor to carry on any business in any building or on any premises designated in the license in the event that the building or premises are situated in a zone or lacality in which the conduct of the business as in violation of any law. The License Tax Collector may refuse to issue a business license until and unless the applicant can satisfactorily establish that he or she has complied with all the requirements of this code and all other applicable laws and has obtained all necessary approvals from appropriate city departments.

(1995 Code, § 5.04.500)

   This chapter shall be known as the “Uniform Local Sales and Use Tax Chapter”.

(1995 Code, § 5.08.010)

   The rate of sales tax and use tax imposed by the chapter shall be 0.95%.

(1995 Code, § 5.08.020)

   This chapter shall be operative on January 1, 1974.

(1995 Code, § 5.08.030)

   The City Council hereby declares that this chapter is adopted to achieve the following, among other, purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:

   (A)   To adopt a sales and use tax ordinance which complies with the requirements and limitations contained in Cal. Revenue and Taxation Code Part 1.5 of Division 2;

   (B)   To adopt a sales and use tax ordinance which incorporates provisions identical to those of the Sales and Use Tax of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Cal. Revenue and Taxation Code Part 1.5 of Division 2;

   (C)   To adopt a sales and use tax ordinance which imposes a tax and provides a measure therfor that can be administered and collected by the state’s Board of Equalization in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from the existing statutory and administrative procedures followed by the state’s Board of Equalization in administering and collecting the California State Sales and Use Taxes; and

   (D)   To adopt a sales and use tax ordinance which can be administered in a manner that will, to the degree possible consistent with the provisions of Cal. Revenue and Taxation Code Part 1.5 of Division 2, minimize the cost of collecting city sales and use taxes and at the same time minimize the burden of record keeping upon persons subject to taxation under the provisions of this chapter.

(1995 Code, § 5.08.040)

   Prior to the operative date, this city shall contract with the state’s Board of Equalization to perform all functions incident to the administration and operation of the Sales and Use Tax Ordinance; provided, that if the city shall not have contracted with the state’s Board of Equalization prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract rather that the first day of the first calendar quarter following the adoption of this chapter.

(1995 Code, § 5.08.050)

   For the privilege of selling tangible personal property at retail a tax is hereby imposed upon all retailers in the city at the rate stated in § 5.08.020 of the gross receipts of the retailer from the sale of all tangible personal property sold at retail in this city on and after the operative date.

(1995 Code, § 5.08.060)

   For the purposes of this chapter, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his or her agent to an out of state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from the sales shall include delivery charges, when the charges are subject to the state’s Sales and Use Tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the state or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rule and regulations to be prescribed and adopted by the state’s Board of Equalization.

(1995 Code, § 5.08.070)

   An exercise tax is hereby imposed in the storage, use or other consumption in this city of tangible personal property purchased from any retailer on and after the operative date for storage, use or other consumption in the city at the rate stated in § 5.08.020 of the sales price of the property. The sales price shall include delivery charge when the charges are subject to state’s Sales or Use Tax regardless of the place to which delivery is made.

(1995 Code, § 5.08.080)

   Except as otherwise provided in this chapter and except insofar as they are inconsistent with the provisions of Part 1.5 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this chapter as though fully set forth herein.

(Prior Code, § 5.08.090)

   In adopting the provisions of Cal. Revenue and Taxation Code Part 1 of Division 2, wherever the State of California is named of referred to as the taxing agency, the name of this city shall be substituted therefor. The substitution, however, shall not be made when the word “state” is used as part of the title of the State Controller, the State Treasurer, the state’s Board of Control, the state’s Board of Equalization, the State Treasury or the Constitution of the State of California; the substitution shall not be made when the result of that substitution would require action to be taken by or against the city, or any agency thereof rather than by or against the state’s Board of Equalization, in performing the functions incident to the administrative or operation of this chapter; the substitution shall not be made in those sections, including, but not necessarily limited to, sections referring to the exterior boundaries of the State of California, where the result of the substitution would be be to provide an exemption from this tax with respect to certain sales, storage, use of other consumption of tangible personal property which would not otherwise be exempt from this tax while the sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the provisions of Cal. Revenue and Taxation Code Part 1 of Division 2, or to impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provisions of that code; the substitution shall not be made in Cal. Revenue and Taxation Code §§ 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828; and the substitution shall not be made for the word “state” in the phrase “retailer engaged in business in this state” in Cal. Revenue and Taxation Code § 6203 or in the definition of the phrase in Cal. Revenue and Taxation Code § 6203.

(1995 Code, § 5.08.100)

   If a seller’s permit has been issued to a retailer under Cal. Revenue and Taxation Code § 6067, an additional seller’s permit shall not be required by this chapter.

(1995 Code, § 5.08.110)

   There shall be excluded from the measure of tax:

   (A)   The amount of any sales or use tax imposed by the State of California upon a retailer or consumer;

   (B)   The storage, use or the consumption of tangible personal property, the gross receipts from the sale of which has been subject to sales tax under a sales and use tax ordinance enacted in accordance with Cal. Revenue and Taxation Code Part 1.5 of Division 2 by any city and county, county or city in this state;

   (C)   The gross receipts from sales to, and the storage, use or other consumption of property purchased by, operators of common carriers and waterborne vessels to be used or consumed in the operation of the common carriers or waterborne vessels, principally outside this city; and

   (D)   The storage or use of tangible personal property in the transportation or transmission of persons, property or communications, or in the generation, transmission or distribution of electricity or in the manufacture, transmission or distribution of gas in intrastate, interstate or foreign commerce by public utilities which are regulated by the Public Utilities Commission of the State of California.

(1995 Code, § 5.08.120)

   (A)   Aircraft.

      (1)   The amount subject to tax shall not include any sales or use tax imposed by the State of California upon a retailer or consumer.

      (2)   The storage use or other consumption of tangible personal property, the gross receipts from the sale of which have been subject to tax under a sales and use tax ordinance enacted in accordance with Cal. Revenue and Taxation Code Part 1.5 of Division 2 by any city and county, county or city, in this state shall be exempt from the tax due under this chapter.

      (3)   There are exempted from the computation of the amount of the sales tax the gross receipts from the sale of tangible personal property to operators of aircraft to be used or consumed principally outside the city in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of the state, the United States or any foreign government.

      (4)   In addition to the exemptions provided in Cal. Revenue and Taxation Code §§ 6366 and 6366.1, the storage, use or other consumption of tangible personal property purchased by operators of aircraft and use or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this state, the United States or any foreign government is exempted for the use tax.

   (B)   Waterborne vessels.

      (1)   The amount subject to tax shall not include any sales or use tax imposed by the State of California upon a retailer or consumer.

      (2)   The storage, use or other consumption of tangible personal property, the gross receipts from the sale of which have been subject to tax under a sales and use tax ordinance enacted in accordance with Cal. Revenue and Taxation Code Part 1.5 of Division 2 by any city and county, county or city, in this state shall be exempt from the tax due under this chapter.

      (3)   There are exempted from the computation of the amount of the sales tax the gross receipts from the sale of tangible personal property to operators of waterborne vessels to be used or consumed principally outside the city in which the sale is made and directly and exclusively in the carriage of persons or property in such vessels for commercial purposes.

      (4)   The storage, use or other consumption of tangible personal property purchased by operators of waterborne vessels and used or consumed by the operators directly and exclusively in the carriage of persons or property of the vessels for commercial purposes is exempted from the use tax.

      (5)   There are exempted form the computation of the amount of the sales tax the gross receipts from the sale of tangible personal property to operators of aircraft to be used or consumed principally outside the city in which the sale is made and directly and exclusively in the use of the aircraft as common carriers of persons or property under the authority of the laws of this state, the United States or any foreign government.

      (6)   In addition to the exemptions provided in Cal. Revenue and Taxation Code §§ 6366 and 6366.1, the storage, use or other consumption of tangible personal property purchased by operators of aircraft and used or consumed by the operators directly and exclusively in the use of the aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issue pursuant to the laws of this state, the United States or any foreign government is exempt from the use tax.

(1995 Code, § 5.08.130)

   (A)   Section 5.08.130 of this chapter shall become operative on January 1 of the year following the year in which the state’s Board of Equalization adopts an assessment ratio for state assessed property which is identical to the ratio which is required for local assessments by Cal. Revenue and Taxation Code § 401, at which time § 5.08.120 of this chapter shall became inoperative.

   (B)   In the event that § 5.08.130 of this chapter becomes operative and the state’s Board of Equalization subsequently adopts an assessment ratio for the state-assessed property which is higher than the ratio which is required for local assessments by Cal. Revenue and Taxation Code § 401, § 5.08.120 of this chapter shall become operative on the first day of the month next following the month in which the higher ratio is adopted, at which time § 5.08.130 of this chapter shall be inoperative until the first day of the month following the month in which the Board again adopts an assessment ratio for state-assessed property which is identical to the ratio required for local assessments by Cal. Revenue and Taxation Code § 401, at which time § 5.08.130 shall again become operative and § 5.08.120 shall become inoperative.

(1995 Code, § 5.08.140)

   All subsequent amendments of the Revenue and Taxation Code which relate to the Sales and Use Tax and which are not inconsistent with Cal. Revenue and Taxation Code Part 1.5 of Division 2 shall automatically become a part of this chapter.

(1995 Code, § 5.08.150)

   No injuction or writ of mandate or other legal or equitable process shall issue in any suit, action on proceeding in any court against the state or this city, or against any officer of the state or this city, to prevent or enjoin the collection under this chapter, or Cal. Revenue and Taxation Code Part 1.5 of Division 2, of any tax or any amount of tax required to be collected.

(1995 Code, § 5.08.160)

   On the operative date of Ord. 1095, of the City of Tulare, the date being January 1, 1974, the provisions of Ord. 540, shall be suspended and shall not again be of any force or effect until and unless for any reason the state’s Board of Equalization ceases to perform the functions incident to the administration and operation of the Sales and Use Tax imposed by Ord. 1095. Provided, however, that if for any reason it is determined that the City of Tulare is without power to adopt Ord. 1095, or that the state’s Board of Equalization is without power to perform the functions incident to the administration and operation of the taxes imposed by Ord. 540 shall not be deemed to have been suspended, but shall not be deemed to have been in full force and effect at the rate of 1% continuously from and after April 1, 1956. Upon the ceasing of the state’s Board of Equalization to perform the functions incident to the administration and operation of the taxed imposed by Ord. 540, shall again be in full force and effect at the rate of 1%. Nothing in this chapter shall be construed as relieving any person of the obligation to pay the City of Tulare any of the sales and use taxes accrued and owing by the reason of the provisions of Ord. 540 in force and effect prior to and including March 31, 1956.

(1995 Code, § 5.08.170)

   The following words and terms when used in this chapter shall have the meanings herein ascribed to them unless the content makes such meaning repugnant thereto.

   CAMP CAR and/or TRAILER. Any unit used for living or sleeping purposes and which is equipped with wheels or similar devices used for the purpose of transporting it from place to place, whether by motive power or other means; and the unit, so equipped, shall be capable of being safely operated at a speed limit of 45 mph.

   CAMP GROUND. Any place, area or tract of land upon which is located any camp car and/or trailer, used for residential purposes.

   IMMOBILE UNIT. Any vehicle that is incapable of such safe operation is hereby declared to be a dwelling, as defined in the state’s Housing Act.

   TENT SPACE. Any place, area of tract of land upon which is located any tent used for living or sleeping purposes.

(1995 Code, § 5.12.010)

   No campground or tent space hereafter established shall be located within the city until the location thereof is approved by the Building Inspector in the following manner:

   (A)   Application; filing. The person desiring to locate and operate a campground or tent space in the city, under the provisions of the chapter, shall file and application therefor with the Building Inspector.

   (B)   Description of property. The application shall include a true legal description of the property upon which it is proposed to locate the campground or tent space.

   (C)   Filing fee. The application shall be accompanied with a filing fee of $10.

(1995 Code, § 5.12.020)

   Upon receipts of the application, the Building Inspector shall fix a time and place for the holding of a public hearing thereon.

   (A)   Notice of hearing; publication; posting. Notice of the hearing shall be given by at least one publication in a newspaper of general circulation in the city, and by causing a notice thereof to be posted at no more that 150 feet in distance apart along both sides of each street upon which the property involved in the application abuts.

   (B)   Manner of posting. The posting shall extend along the streets a distance of not less that 300 feet from the exterior limits of the property involved in the application.

   (C)   Time of hearing. The notice shall state the time when the petition will be heard by the Building Inspector, which shall not be less that ten days for the date of publication and posting.

(1995 Code, § 5.12.030)

   At the time of hearing of the application, the Building Inspector may hear anyone appearing for the purpose of approving or objecting to the granting of the application, and at the conclusion of the hearing may either approve or disapprove the application.

(1995 Code, § 5.12.040)

   The Building Inspector shall immediately communicate his or her findings and recommendation in regard to the application to the Council, which shall consider the matter at its regular meeting next following the date of hearing before the Building Inspector. The Council shall thereupon publicly hear and finally and conclusively determine whether or not the application shall be granted, giving such notice of the hearing upon the application as it deems proper.

(1995 Code, § 5.12.050)

   Upon completion of any campground or tent space, and prior to the use thereof the owner or renter of the campground or tent space shall make application to the Building Inspector for a permit to occupy or use the campground or tent space.

(1995 Code, § 5.12.060)

   It shall be filed with the Building Inspector not less that three days before the campground or tent space is made ready for use; and it shall be accompanied by an inspection fee of $5.

(1995 Code, § 5.12.070)

   The Building Inspector shall thereupon make an inspection of the campground or tent space referred to in the application; and, it is found to be in conformity with this chapter and all other provisions of this code and the laws of the state, the Building Inspector shall issue to the owner or operator thereof a written permit to occupy, which permit shall at all times be posted at a conspicuous place in the campground or tent space.

(1995 Code, § 5.12.080)

   The permit to occupy shall expire one calendar year from the date of issue and may be renewed upon written application accompanied by an inspection fee of $5 to the Building Inspector.

(1995 Code, § 5.12.090)

   The owner or operator of every campground or tent space then in existence in the city, shall upon the effective date of this chapter make application, as herein provided, to the Building Inspector for a permit to occupy; and it shall be unlawful for any person to operate or maintain any campground or tent space within the confines of the city as herein set forth, without first applying for and receiving from the Building Inspector a permit to occupy and without complying with all of the provisions of this chapter and the laws of the state.

(1995 Code, § 5.12.100)

   Whenever it is found that any campground or tent space is not being conducted in conformity with the provisions of this chapter or the laws of the state, the permit to operate same shall be subject to revocation or suspension by the Council.

(1995 Code, § 5.12.110)

   A permit to operate or maintain a campground or tent space shall be transferable upon the written application of the holder of the permit to the Building Inspector and with the consent of the Building Inspector endorsed thereon.

(1995 Code, § 5.12.120)

   Every campground or tent space hereafter established shall be located on a well-drained area; and the premises of every such campground or tent space, or any existing campground or tent space, shall be maintained in a sanitary condition and shall be properly graded so as to prevent the accumulation of storm or casual waters.

(1995 Code, § 5.12.130)

   Every person owning or operating a campground or tent space shall maintain such campground or tent space, and all permanent equipment in connection therewith, in a clean and sanitary condition, and shall maintain the equipment in a state of good repair.

(1995 Code, § 5.12.140)

   Every campground or tent space heretofore or hereafter established shall be provided with means of lighting the same at night; and all public water closets and bath units shall be provided with sufficient lighting facilities which shall be kept lighted during the time from one-half hour after sunset until one-half hour before sunrise, except in case of a blackout.

(1995 Code, § 5.12.150)

   Dogs, at no time, shall be permitted to run at large in any campground or tent space.

(1995 Code, § 5.12.160)

   No trailer or tent used for living or sleeping purposes in any campground or tent space now existing or that may hereafter be established, shall be located with ten feet of any trailer, tent or structure; nor shall any trailer or tent be located within eight feet of any lot line.

(1995 Code, § 5.12.170)

   Trailers and tents, as aforesaid, shall be arranged in rows abutting or facing on a driveway or clear unoccupied space or not less than 15 feet in width, which space shall have unobstructed access to a public street or alley.

(1995 Code, § 5.12.180)

   It shall be unlawful for any person owning or operating a trailer located in a campground to remove or cause to have removed the wheels or any similar transporting devices from the trailer or to otherwise permanetly fix it to the ground in a manner that would prevent the ready removal of the trailer, or to alter it in any way so as to make it incapable of being safely operated over the public thoroughfares of the state at a speed limit of 45 mph without first obtaining a permit so to do, from the Building Inspector.

(1995 Code, § 5.12.190)

   Any alteration to any trailer, as herein set forth, shall be construed as removing it from the requirements of this chapter and converting it into a dwelling; and it shall thereupon be subject to the requirements of the Building Code and the State Housing Act.

(1995 Code, § 5.12.200)

   An adequate supply of pure water for drinking and domestic purposes shall be supplied to meet the requirements of the campground or tent space.

(1995 Code, § 5.12.210)

   There shall be provided in every campground or tent space one water closet for each sex. One of the water closets shall be distinctly marked “For Men” and one “For Women”. There shall be provided an additional water closet for each sex for every ten tents or trailers in the campground and/or tent space.

(1995 Code, § 5.12.220)

   There shall be provided in every campground or tent space stationary bathtub or shower bath equipped with hot and cold running water. The bathtub or shower bath shall be installed in a separate compartment from any water closet unit, and there shall be provided an additional bathtub or shower bath for every ten tents or trailers or fractional part thereof in excess of ten tents or trailers in the campground and/or tent space.

(1995 Code, § 5.12.230)

   The Building Inspector may exempt any campground or tent space existing at the time of the adoption of this chapter from fully complying with the provisions of §§ 5.12.220 and 5.12.230 when, in his or her discretion, the deviation will not be detrimental to the health of persons occupying the campground or tent space or to proper sanitation of the premises.

(1995 Code, § 5.12.240)

   The floors of every water closet, bathtub or shower bath compartment hereafter installed shall be a smooth waterproof material; and the interiors of all water closets, bathtub or shower compartments shall be maintained in a sanitary condition at all times.

(1995 Code, § 5.12.250)

   There shall be provided in every campground or tent space heretofore or hereafter established the number of metal receptacles with closefitting metal covers for garbage, refuse, ashes and rubbish as may be deemed necessary by the Building Inspector; and the receptacles shall, at all times, be maintained in a clean and sanitary condition.

(1995 Code, § 5.12.260)

   There shall be provided in every campground or tent space heretofore or hereafter established one or more slop sinks properly connected with the sewer system, the sinks to be conveniently located at no greater distance than 100 feet from any trailer or tent.

(1995 Code, § 5.12.270)

   It is unlawful to deposit any waste water, drainage or material from plumbing fixtures on the surface of any campground.

(1995 Code, § 5.12.280)

   All fixtures, when in use, must be connected to the city sewer system.

(1995 Code, § 5.12.290)

   It shall be the duty of the Building Inspector to enforce all of the provisions of this chapter; and, for the purpose of securing enforcement thereof, the Building Inspector shall have the right to enter upon the premises of any campground or tent space to inspect the same and all accommodation connected therewith.

(1995 Code, § 5.12.300)

   It shall be the duty of every person owning, leasing, renting or operating a campground or tent space in the city to comply with all the provisions of this chapter; and any such person violating any of the provisions thereof or disregarding to the campground or tent space, or contributing, in any way, to the violation of this chapter shall be deemed guilty of a misdemeanor.

(1995 Code, § 5.12.310)

   In this chapter, unless it is apparent from the context that some other meaning is intended, the term SECONDHAND DEALER shall mean any person engaged in buying, receiving, selling or otherwise disposing of, or dealing in secondhand articles, goods, wares or merchandise of any type or description.

(1995 Code, § 5.16.010)

   Every person engaged in the business of secondhand dealer shall, on each day, before the hour of 6:00 p.m., make out and deliver to the Chief of Police on a blank form to be obtained by the secondhand dealer from the office of the Chief of Police for the purpose, a full, true and complete report of all goods, wares or merchandise received or purchased and showing all transactions completed, with an accurate description of the same, during the day preceding the filing of such a report.

(1995 Code, § 5.16.020)

   The report shall show the hour of the day when the article was received or purchased, and the true name and address, as nearly as the same is known to, or can be ascertained by the secondhand dealer or the person by whom the article was left or said or otherwise acquired, together with the signature of the person and with the description of the person. The description to be given of every person shall show the sex, height, age, weight, occupation, complexion, color of hair, style of dress, color of mustache or beard, or both, where the same are worn, and if neither is worn, the fact shall be noted. The report shall show the cost of each article purchased; or, if the article is acquired on an exchange, the report will set forth the brief description of the article exchanged for the article received. The report shall show the quantity purchased, together with a complete description of the same, including the manufacturer’s trade name or brand, if any, and the size and color; and if the article has engraved thereon any number, word or initial, or contains any settings of any kind, the description of the article in the report shall contain such number, work, or initial, and shall show the kind of settings and the number of each kind. If the article is delivered or received from a motor vehicle, the report shall set forth its license number, if any, together with its type, color and make.

(1995 Code, § 5.16.030)

   Blanks to be obtained from the office shall bear a caption providing blank spaces in which shall be written or printed the date of the report, the name and place of business of the person making the same and the hour of the day when the report is received at the office of the Chief of Police. The blanks shall be so printed and subdivided as to contain spaces with the proper captions for the furnishing of the information required by this chapter.

(1995 Code, § 5.16.040)

   The Chief of Police shall file, in some secure place in his or her office, all reports received pursuant to the terms of this chapter; and the same shall be open to inspection only by members of the Police Department, or upon an order of the Court.

(1995 Code, § 5.16.050)

   Every report required by the terms of this chapter to be kept or filed shall be written or printed entirely in the English language, in a clear and legible manner.

(1995 Code, § 5.16.060)

   It shall be unlawful for any person to fail, refuse or neglect to file any report in the form, in the manner, at the time and in all respects in accordance with the requirements of this chapter.

(1995 Code, § 5.16.070)

   It is unlawful for any secondhand dealer to knowingly use a fictitious name or address in any report.

(1995 Code, § 5.16.080)

   Any article or thing of the type of secondhand merchandise received or purchased by the secondhand dealer shall be retained and held by him or her for not less than five days after delivering the report concerning the same to the Chief of Police.

(1995 Code, § 5.16.090)

   It is unlawful for any secondhand dealer to sell or otherwise dispose of any article or thing within five days after making a report to the Chief of Police, as required in this chapter, that the article or this has been purchased by the secondhand dealer.

(1995 Code, § 5.16.100)

   The following terms when used in this chapter shall have the meaning herein ascribed to them.

   PAWNBROKER. Any person conducting, managing or carrying on the business of pawnbroking.

   PAWNSHOP. Any room, stare or place in which any such business in engaged in, carried on or conducted.

(1995 Code, § 5.20.010)

   No person shall engage in, conduct, manage or carry on the business of pawnbroker without a valid existing and unrevoked license therefor.

(1995 Code, § 5.20.020)

   The license shall be issued by the License Collector, upon application therefor, except that the License Collector shall not issue any such license without the consent in writing first had and obtained of the Chief of Police and the presentation of a valid state license.

(1995 Code, § 5.20.030)

   Each applicant for a pawnbroker’s license shall consent to the taking of his or her fingerprints by the Chief of Police as a condition to the issuance of the license.

(1995 Code, § 5.20.040)

   The fingerprint record made pursuant to § 5.20.040 shall be secret and confidential and the record shall be open to inspection only to members of the Police Department of the city, or by others upon an order of a court of competent jurisdiction made for that purpose.

(1995 Code, § 5.20.050)

   In the event that any person holding a license authorizing him or her to engage in, conduct, manage or carry on the business of a pawnbroker, or any agent or employee of any such person shall violate or cause or permit to be violated any of the provisions of this chapter, the Council shall, in addition to the other penalties provided by this code, revoke the license.

(1995 Code, § 5.20.060)

   If the license of any person shall be revoked, no license shall be granted to such person to conduct or carry on any such business with six months after the revocation.

(1995 Code, § 5.20.070)

   No license shall be revoked until a public hearing shall have been had by the Council.

(1995 Code, § 5.20.080)

   Notice of hearing shall be given in writing and shall state the ground of complaint against the licensee and shall also state the time when and place where the hearing will be had.

(1995 Code, § 5.20.090)

   The notice shall be served upon the holder of the license, or his or her manager or agent, at least three days prior to the date of any such hearing by delivering the same to the licensee, or his or her manager or agent, or to any person in charge of or employed at the place of business of the licensee, or if the licensee has no place of business, then at his or her place of residence, or by leaving the notice at the place of business or residence of the licensee.

(1995 Code, § 5.20.100)

   Every pawnbroker shall, on each day except Sundays and legal holidays, before the hour of 10:00 a.m. make and deliver to the Chief of Police, in writing a full true and complete report, in chronological order, of all the dealings in goods, wares and merchandise or things received upon deposit, pledges or purchased within the city, during the 24 hours next preceding the report, together with time of day when received, a complete description of the same, and a description of the person from whom received, or with whom dealt, and the license number and description of any vehicle in which the person form who, received was riding in or upon and also the true name of such person or as nearly as the same is known to or can be ascertained by the person making the report.

(1995 Code, § 5.20.110)

   If any such article purchased or received shall have engraved thereon any number, work or initial or shall contain any setting of any kind, the description of the article shall contain the number, word or initial, and show the kind of setting and the number of each kind.

(1995 Code, § 5.20.120)

   The report required herein shall be made upon a form to be furnished, upon request, free of charge by the Chief of Police, who shall cause blank forms to be so printed and subdivided that they shall have space for writing in the following manner; description of the article purchased or received; amount paid for or loaned upon the property; name and residence of persons from whom purchased or received, showing the true name as nearly as known; sex; complexion, color of hair; style of dress and height of the person from whom purchased or received; time of day goods purchased or received; license number, make, type and color of automobile or other vehicle driven or occupied by such person, date and time or making the report; name and place of business of pawnbroker making the report.

(1995 Code, § 5.20.130)

   The Chief or Police, upon receipt of the report, shall file the same in some secure place in his or her office and the report shall by open to inspection only to members of the Police Department of the city, or by others upon on order of a court of competent jurisdiction made for that purpose.

(1995 Code, § 5.20.140)

   Every pawnbroker shall keep at his or her place of business a copy of every report required by the foregoing provisions of this chapter; and such copies shall be open at all times during business hours to the inspection of the Chief of Police, any member of the Police Department of the city or any officer authorized by law.

(1995 Code, § 5.20.150)

   The report shall be in book form, and each transaction shall be kept in chronological order.

(1995 Code, § 5.20.160)

   Every report and record required by the provisions of this chapter to be filed, kept or made, shall be written or printed entirely in the English language in a clear and legible manner, and shall be made out at the time the transaction is made.

(1995 Code, § 5.20.170)

   It shall be unlawful for any pawnbroker, or for any agent or employee of a pawnbroker, to fail refuse, or neglect to file a report, as required herein, in the manner, form, at the time and in all respects in accordance with the requirements of this chapter, or to fail, refuse or neglect to exhibit to the Chief of Police, or to any officer authorized by law, immediately upon demand, any record or report, or any goods wares and merchandise, including radios, so purchased or received by the pawnbroker, or by any agent or employee of the pawnbroker.

(1995 Code, § 5.20.180)

   All goods, wares and merchandise, including radios for use in or upon automobiles, purchased or received by any pawnbroker shall be held for a period of at least 15 days after purchase or receipt before the same shall be sold or otherwise disposed of, excepting, however all goods, wares and merchandise, including radios for use in or upon automobiles, upon which any duly licensed pawnbroker has issued a pawn ticket in accordance with the laws of the state. During the 15 days, all such property shall be kept separate and apart from all other goods, wares and merchandise, including radios for use in and upon automobiles, upon the premises in the possession of the pawnbroker. All such property shall, during said 15-day period, be kept and exposed for police inspection during business hours.

(1995 Code, § 5.20.190)

   No person shall engage in, conduct, manage or carry on the business of pawnbroker on Sundays or legal holidays, or between the hours of 7:00 p.m. of each day and 8:00 a.m. of the following morning, except that on Saturdays and days before legal holidays, and during that 24 days next preceding Christmas Day, each such person may engage in, conduct, manage or carry on such business until the hour of 9:00 p.m.

(1995 Code, § 5.20.200)

   The following terms shall have the meanings herein ascribed to them.

   PEDDLE. To sell and make immediate delivery, or offer for sale and immediate delivery, any goods, wares or merchandise in possession of the seller, at any place within the city other than from a fixed place of business.

   PEDDLER. Any person who peddles, as herein defined.

   SOLICIT. To sell to take orders or offer for sale or take orders for goods, wares or merchandise, for future delivery, or for service to be performed, at any place within the city other that a fixed place of business.

   SOLICITOR. Any person who solicits, as herein defined.

(1995 Code, § 5.24.010)

   No person shall peddle or solicit without first having complied with the provisions of this chapter.

(1995 Code, § 5.24.020)

   Every person who desires to peddle or solicit shall register, in a registration book provided for that purpose in the Police Department, his or her name and address, the name and address of the person whom he or she represents, the names and addresses of at least two references as to his or her moral character, honest and integrity, a brief description of the nature of the business in which he or she is engaged, and the kind of goods or property to be peddled or solicited for, if any.

(1995 Code, § 5.24.030)

   The person shall furnish his or her fingerprints and thumbprints, to be taken by the Police Department.

(1995 Code, § 5.24.040)

   No person shall be registered, and no permit shall be issued, except such person exhibiting a valid license for peddling or soliciting, or a clearance from the License Collector stating that no license is required.

(1995 Code, § 5.24.050)

   The registration shall be valid for a period of one year; and the person must register at the end of each year period.

(1995 Code, § 5.24.060)

   As evidence of compliance with the provisions of this chapter, the Police Department shall issue to each person who complies a permit which shall show the name and address of the person, the name of the person he or she represents or by whom he or she is employed, if any, and the kind of goods or property to be peddled or solicited for.

(1995 Code, § 5.24.070)

   No person shall peddle or solicit without having an unrevoked license from the city so to do valid and in effect at the time.

(1995 Code, § 5.24.080)

   Licenses shall be issued by the License Collector upon the applicant’s complying with the following provisions:

   (A)   Name, address. Giving his or her name and present address;

   (B)   Kind of business, goods. Giving a brief description of the nature of the business and the kinds of goods or property to be peddled or solicited;

   (C)   Payment of fee. Paying the license fee required by Chapter 5.04 of this title for the license; and

   (D)   Employment. Giving the name and address of the licensed employer and exhibiting credentials showing he or she is an authorized employee or representative of the licensed employer, in the event the application is for an employee’s license.

(1995 Code, § 5.24.090)

   The license requirements of this chapter shall not apply to the following:

   (A)   Sale by producer. Any person soliciting or peddling anything which the person has personally manufactured or produced and this exemption shall apply only to natural persons;

   (B)   Farmer’s sale. Any farmer, poultryperson or horticulturist soliciting or peddling his or her own produce and, this exemption shall apply only to natural persons and shall not apply to farmers, poultrymen or horticulturists who buy goods for resale, as well as selling their own produce;

   (C)   Soliciting for services. Any person soliciting for personal services to be performed by the person so soliciting and this exemption shall apply only to natural persons;

   (D)   Papers, dairy products. The provisions of this chapter shall not apply to peddling or soliciting newspapers, periodicals, ice, milk, cream, ice cream, butter, eggs, cottage cheese or any dairy product; and

   (E)   Wholesalers, manufactures, public works. The provisions of this chapter shall not apply to salespersons or agents for wholesale houses or firms who solicit orders from or sell to retail dealers for resale, or to manufacturers for manufacturing purposes, or to bidders for public works or supplies.

(1995 Code, § 5.24.100)

   No employee’s license shall be issued under the provisions of this chapter to any employee of any solicitor or peddler exempted from the payment of a license fee by the foregoing provisions of this chapter.

(1995 Code, § 5.24.110)

   Every solicitor or peddler licensed under this chapter shall have his or her license in his or her immediate possession at all times when peddling of soliciting, and when so peddling or soliciting shall display the same upon demand of any police officer of the city and upon demand of any police officer of the city and upon demand of any person to whom he or she is peddling or soliciting.

(1995 Code, § 5.24.120)

   Every solicitor or peddler at all times while engaged in peddling or soliciting shall have in his or her immediate possession the permit issued to him or her under the provisions of § 5.24.070 and when so peddling or soliciting shall display the same upon demand of any police officer and upon the demand of any person to whom he or she is peddling or soliciting.

(1995 Code, § 5.24.130)

   Licenses and permits issued pursuant to this chapter shall not be assigned of transferred; nor shall they be used by any person other that the person to whom they were issued, except as herein provided. No person shall transfer, loan or permit the use of his license or permit by any other person, except as herein provided. Where a person who is not himself or herself soliciting or peddling, has taken out a license for bona fide employees, and the licenses are issued in the name of the employer and the employee, the license may be transferred subject to the following conditions:

   (A)   Presentation of license, permit. The license and the permit must be presented to the License Collector;

   (B)   Cancellation of permit. The permit is to be retained by the License Collector and canceled;

   (C)   Notation on license. A notation must be made upon the license to indicate its transfer from one employee to another; and

   (D)   Registration by new employee. The new employee must comply with the provisions of § 5.24.030.

(1995 Code, § 5.24.140)

   Licenses issued pursuant to this chapter may be revoked by the Manager, after notice and hearing, for any of the following causes:

   (A)   False application. Fraud, misrepresentation of any false statement contained in the application for license;

   (B)   False information. Fraud, misrepresentation, or any false statement made to the Police Department in furnishing the information required by § 5.24.030;

   (C)   Violation of chapter. Any violation of this chapter;

   (D)   Criminal conviction. Conviction of the licensee of any felony or crime involving moral turpitude; and

   (E)   Improper peddling, soliciting. Conducting the soliciting or peddling in an unlawful manner or in such a manner as to constitute a breach of the peace of to be a menace to the health, safety or general welfare of the people of the city.

(1995 Code, § 5.24.150)

   Notice of the hearing for revocation of a license shall be given in writing, stating the grounds of the complaint and the time and place or hearing. The notice shall be mailed, postage prepaid, to the license at the address given on the application for the license, at least five days prior to the date set for the hearing.

(1995 Code, § 5.24.160)

   Any person aggrieved by the decision of the Manager shall have the right to appeal to the Council. The appeal shall be taken by filing with the Clerk a written statement of the grounds for the appeal within 14 days after notice of the decision by the Manager has been given. The Council shall set the time and place for hearing the appeal, and notice of the time and place shall be given by the Clerk in the manner hereinbefore provided for notice of hearing of revocation by the Manager.

(1995 Code, § 5.24.170)

   No license shall be issued to any person who has had a license revoked pursuant to this chapter, except upon the applicant’s applying to the Council and the Council’s authorizing the issuance of the license.

(1995 Code, § 5.24.180)

   No person shall peddle or solicit before the hour of 8:00 a.m. of any day or after the hour of 7:00 p.m. of any day.

(1995 Code, § 5.24.190)

   No peddler or solicitor or any person pretending to be a peddler or solicitor shall, for the purpose of peddling or soliciting or pretending to peddle or solicit, ring the bell or knock at any building whereon there is painted affixed or otherwise displayed to the public view any sign containing any or all of the following words: “No Peddlers”, “No Solicitors” or “No Agents” or which otherwise purports to prohibit peddling or soliciting on the premises.

(1995 Code, § 5.24.200)

   No peddler or solicitor shall represent by words, writing or action that he or she is some other peddler or solicitor, that he or she is a partner, employee or agent of any peddler or solicitor when in fact he or she is not the partner, agent or employee of the peddler or solicitor, or that he or she is the employee, representative, agent or partner or any person when in fact he or she is not the employee, representative, agent or partner of the person.

(1995 Code, § 5.24.210)

   Every vehicle used for peddling or soliciting shall have attached thereto on the outside right-hand side or in plain sight in the driver’s compartment of the vehicle a metal tag to be furnished by the License Collector.

(1995 Code, § 5.24.220)

   The city has determined that vending at city-approved parades poses and constitutes a menace to the health, safety and general welfare of the citizens of the city in that traffic generated thereby upon city streets and sidewalks becomes unnecessarily congested due to activities and sales by vendors during the course of city-approved parades, posing a great health and safety problem. Accordingly, all sales activities by itinerant vendors is hereby prohibited at city approved parades. Under this section, ITINERANT VENDOR shall mean and include all persons, both principal and agent who engage in a temporary or transient business selling or offering to sell goods, wares or merchandise, or any other thing of value with the intention of conducting such business during and upon the course of a parade held in the city.

(1995 Code, § 5.24.230) (Ord. 98-1819, passed 4-7-1998)

   As used in this chapter, the following terms shall have the meaning herein ascribed to them.

   PUBLIC BILLIARD ROOM. Any place open to the public where billiards, bagatelle or pool table is kept and persons are permitted to play or do play thereon.

   PUBLIC CARD ROOM. Any place open to the public where any game played with cards is dealt, played, carried on, opened or caused to be opened or conducted, or in which persons are permitted to play or do play any game played with cards.

(1995 Code, § 5.28.010)

   No license to conduct, manage or carry on a public billiard room or a public cardroom shall be issued by the License Collector except upon the order of the Council, written notice of which shall be given the License Collector by the Clerk or the Council.

(1995 Code, § 5.28.020)

   Any person desiring to obtain such license shall file with the Council a written application therefor, signed and sworn to by the applicant, or by an officer thereof if the applicant is corporation, stating the exact location of the place where the billiard room or cardroom is to be located.

(1995 Code, § 5.28.030)

   The Council shall have discretion to deny the application if it shall appear to the Council that the applicant is not of good moral character, or is an unfit person to manage or conduct such establishment, or that by reason of the place where the establishment is to be located the conducting or carrying on thereof would be detrimental to the public health, public order or public morals.

(1995 Code, § 5.28.040)

   No person under the age of 21 years shall remain in, enter or visit any public billiard room or public card room wherein alcoholic beverages are sold. No person in charge of any public billiard room or public card room wherein alcoholic beverages are sold shall allow or permit any person under the age of 21 years to remain in, enter or visit such place, unless the minor or person is accompanied by one of his or her parents or his or her guardian.

(1995 Code, § 5.28.050)

   No person in charge of any public billiard room or public cardroom shall keep the same open or allow or permit the same to be kept open, or allow or permit any game to be played therein from 12:00 p.m. of any day other than Saturday until 6:00 a.m. of the following day, or from 1:00 a.m. on any Sunday until 6:00 a.m. of the same day, or allow or permit any person except the person in charge of the servants regularly employed in and about the same, to be or remain therein between the hours aforesaid.

(1995 Code, § 5.28.060)

   No person having charge of any public billiard room or public cardroom shall keep the same open or allow or permit the same to be kept open, or allow or permit any game to be played therein from 12:00 p.m. of any day other than Saturday until 6:00 a.m. of the following day, or from 1:00 a.m. on any Sunday until 6:00 a.m. of the same day, or allow or permit any person except the person in charge of the servants regularly employed in and about the same, to be or remain therein between the hours aforesaid.

(1995 Code, § 5.28.070)

   The phrase AMUSEMENT MACHINE shall mean any mechanical or electronic machine apparatus, contrivance, appliance or device which may be operated or played upon the placing or depositing thereto of any coin, check, slug, ball or any other article or device, or by paying therefor either in advance of or after use, involving in its use either skill or chance, including by not limited to a tape machine, a card machine, pinball machine, a bowling game machine, a shuffleboard machine, a marble game machine, a horse racing machine, a basketball game machine, an electronic video game or any other similar machine or device except for a billiard or pool table, a music machine or a merchandise vending machine.

(1995 Code, § 5.32.010)

   Nothing herein contained is intended nor is to be construed as or permitting the licensing or keeping of any mechanical or electronic games within the city, the possession of which is illegal as a gambling device unclean and by virtue of the laws of the state.

(1995 Code, § 5.32.020)

   No amusement machine shall be located within 600 feet of a school.

(1995 Code, § 5.32.030)

   No person under the age of 18 shall be permitted to play an amusement machine between the hours of 6:00 a.m. and 3:30 p.m. on days public schools are in sessions in the city.

(1995 Code, § 5.32.040)

   It shall be the duty of the License Collector, as well as the Chief of Police and the agents of each of them, to enforce this chapter.

(1995 Code, § 5.32.050)

   Any amusement machine as herein defined which is operated contrary to the provisions of this chapter shall be seized and confiscated.

(1995 Code, § 5.32.060)

   Any person violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by imprisonment in the County Jail for mot exceeding 30 days or a fine not exceeding $500 or both.

(1995 Code, § 5.32.070)

   For the purposes of this chapter, the words and phrases defined in this section shall be construed in accordance with the following definitions.

(1995 Code, § 5.36.010) (Ord. 09-10, passed 9-1-2009)

   It is unlawful to operate, or cause to be operated, an automobile for hire, or a taxicab upon any public street within the city, without first having obtained a permit so to do in accordance with the provision hereof, and without complying or having complied with all of the provisions of this chapter.

(1995 Code, § 5.36.020)

   Any person desiring to obtain the permit required by § 5.36.020 shall pay a fee of $25 to the City Clerk, and shall make application for the permit to the Council, which application shall set forth:

   (A)   Name, address. The name and address of the applicant and if the same be a corporation, the name of its principal officers, or if the same be a partnership, association or fictitious company, the names of the partners or persons comprising the association or company, with the address of each;

   (B)   Class of vehicle. A statement of whether the permit is desired for motor vehicle for hire or a taxicab;

   (C)   Description of vehicle. A description of every motor vehicle which the applicant proposes to use giving:

      (1)   Trade name;

      (2)   Motor and serial number;

      (3)   State license number;

      (4)   Seating capacity; and

      (5)   Body style.

(1995 Code, § 5.36.030) (Ord. 09-10, passed 9-1-2009)

   Upon the receipt of any application referred to in § 5.36.030, the Clerk shall set a time not less than ten or more than 30 days thereafter, for the hearing of the application before the Council and shall give notice of the time set at least five days before the date of the hearing to the applicant, at the address set out in the application.

(1995 Code, § 5.36.040)

   (A)   At the time set for the hearing of the application, the Council may examine the applicant and any other persons interested in the matter set forth in the application, and shall determine whether or not the public interest, convenience and necessity require the issuance of the permit applied for.

   (B)   If it be found by the Council that the public interest convenience and necessity require the issuance of the permit applied for, it shall by resolution order the Clerk to issue a permit in accordance with the application, subject to the filing and approval of and undertaking as provided for in § 5.36.060.

(1995 Code, § 5.36.050)

   (A)   Before a permit shall be issued by the City Clerk/City Manager, the applicant to whom the permit shall have been awarded by the Council as aforesaid shall deliver to the City Clerk/City Manager proof of the issuance of a city business license.

   (B)   At the time of application or prior to a permit being issued the applicant to whom the permit shall have been awarded by the Council as aforesaid shall deliver to the City Clerk/City Manager a policy of insurance executed by a company duly authorized under the laws of the state to do an insurance business by the provisions of which policy the company promises and undertakes to pay in full all claims for damages to persons or property resulting from the operation of automobiles referred to in the application; provided that the maximum amount for which liability shall be assumed for injury to, or death of, one person in any one accident; and injury to, or death of, more than one person in any one accident; and the maximum amount for which liability shall be assumed for injury to or destruction of property in any one accident, shall be set by resolution of the City Council.

   (C)   Following approval of a company permit to operate a taxicab/motor vehicle for hire service, a permit holder, thereafter, shall file annually with the City Clerk/City Manager a current insurance policy for each motor vehicle.

(1995 Code, § 5.36.060) (Ord. 09-10, passed 9-1-2009)

   Any permit granted under the provisions of this chapter may be revoked by the Council either in whole or as to any or either car described therein, after ten days’ notice to the permit holder, requiring him or her to appear at a certain time and place to show cause why the permit should not be revoked for any of the following reasons:

   (A)   No undertaking. That the undertaking provided in § 5.36.060 has not been given or has been withdrawn or lapsed for nonpayment of premium, or is not in force for any reason;

   (B)   Nonpayment of license. For the nonpayment of any license fee provided by the provisions of this code;

   (C)   Violation of chapter. For the failure to observe any of the rules and regulations set out in this chapter;

   (D)   Violation of law. For the violation of any laws of the state or provisions of this code;

   (E)   Unsatisfactory service. For failure to maintain satisfactory service to the public; and

   (F)   Other grounds. For any cause which in the opinion of the Council makes in contrary to the public interest, convenience and necessity for the permit to be continued.

(1995 Code, § 5.36.070)

   No person shall be entitled to hold more than one permit at a time; and no permit shall be transferable without the permission of the Council having been first obtained.

(1995 Code, § 5.36.080)

   (A)   Following approval of a company permit to operate a taxicab service, a permit holder, thereafter, shall file annually with the City Clerk/City Manager a current schedule of rates, and shall, at all times, have displayed therein in a location and manner that are visible to all passengers.

   (B)   Taximeters shall be in compliance with the laws as set forth by the State of California as a registered Commercial Measuring or Weighing Instrument and in accordance with the rules and regulations as established by the Tulare County Agricultural Commissioner-Sealer Weights and Measures Office on an annual basis. The company shall be responsible for any fees associated therewith.

(1995 Code, § 5.36.090) (Ord. 09-10, passed 9-1-2009)

   It shall be unlawful for any driver to operate any taxicab or rent a car in this city unless there exists a valid driver’s permit to do so as herein provided.

(1995 Code, § 5.36.100)

   The application for a driver’s permit shall be in writing, duly certified under oath and renewed annually. It, together with a copy thereof, shall be submitted to the City Clerk/City Manager, who shall file the same. Each such applicant shall pay a fee of $10 to the City Clerk/City Manager and shall set forth the name, age and address of the applicant, his or her past experience in operating vehicle, the name, business and address of each of his or her employers during the preceding period of three years, whether or not a chauffeur’s license issued to him or her by the state or any state or governmental agency has ever been revoked, the name and address of the owner by whom he is to be employed as a driver, which owner shall endorse the application, and such additional information as the City Clerk/City Manager or Police Department may require.

(1995 Code, § 5.36.110) (Ord. 09-10, passed 9-1-2009)

   Upon application for a driver’s permit and before it shall be issued, the driver, whether the owner or otherwise, must provide the following information, and annually thereafter:

   (A)   A valid California driver's license and/or chauffeur's license.

   (B)   A current Department of Motor Vehicles driving history report, cost to be borne by the company and/or driver.

   (C)   Drivers shall submit to annual testing for controlled substance and alcohol as set forth in § 5.36.125.

   (D)   Drivers shall submit to fingerprinting as set forth in § 5.36.150.

(1995 Code, § 5.36.120) (Ord. 09-10, passed 9-1-2009)

   (A)   A driver shall test negative for controlled substances and alcohol as set forth in Cal. Government Code § 53075.5.

   (B)   In the case of a self-employed independent driver, the test results shall be reported directly to the city which shall notify the taxicab leasing company of record, if any, of positive results. Self-employed independent drivers shall be responsible for compliance with this section, and shall pay all costs associated with compliance with this section. In all other cases, the results shall be reported directly to the employing company, who shall notify the city of positive results.

   (C)   All test results are confidential and shall not be released without the consent of the driver, except as authorized or required by law.

(Ord. 09-10, passed 9-1-2009)

   No driver’s permit may be granted to any person under the age of 18 years.

(1995 Code, § 5.36.130)

   A driver’s permit may be denied upon substantial evidence of facts of either physical or moral deficiencies of the applicant which, in the sound discretion of the City Clerk/City Manager, would render the applicant not competent to operate taxicabs/automobiles for hire.

(1995 Code, § 5.36.140) (Ord. 09-10, passed 9-1-2009)

   (A)   Prior to issuance of a permit, the driver shall be Live Scan fingerprinted by, and his or her record filed with, the Police Department. The driver shall also file with his or her application two recent "passport size" photographs no larger in size than two inch by two inch, one to be filed with his or her application and one to be permanently attached to the driver permit when issued.

   (B)   The permit shall be posted in a place conspicuous from the passenger's compartment of the taxicabs/automobiles for hire while the driver is operating same.

   (C)   The company and/or driver shall be responsible for the payment of fees associated with Live Scan fingerprinting as set forth by the Department of Justice payable to the Police Department.

(1995 Code, § 5.36.150) (Ord. 09-10, passed 9-1-2009)

   Every driver’s permit issued hereafter shall set forth the name of the owner for whom the driver is authorized to operate taxicabs/automobiles for hire and shall be valid only so long as he or she continues to lease a vehicle from the owner. Upon the termination of the employment or lease, the driver shall forthwith surrender his or her driver’s permit to the City Clerk/City Manager. Upon the termination of the employment of the driver or of lease of a vehicle, the owner of the vehicle shall immediately give the City Clerk/City Manager written notice of the termination.

(1995 Code, § 5.36.160) (Ord. 09-10, passed 9-1-2009)

   No driver’s permit issued hereunder shall be transferable in any event.

(1995 Code, § 5.36.170)

   The Chief of Police shall have the power to suspend or revoke any driver’s permit issued hereunder for any of the reasons for which an application for such a permit may be denied or if the holder thereof shall be found guiltily by any court of reckless driving, or the violation of any other law.

(1995 Code, § 5.36.180)

   The Chief of Police shall, in writing, immediately report any such suspension or revocation to the City Clerk/City Manager, stating the reasons for such actions.

(1995 Code, § 5.36.190) (Ord. 09-10, passed 9-1-2009)

   The City Clerk/City Manager may affirm or reverse, in whole or in part, any such order on a written appeal filed with the City Clerk/City Manager by the driver within ten days from the date of any such order.

(1995 Code, § 5.36.200) (Ord. 09-10, passed 9-1-2009)

   In the event of the suspension or revocation of a driver’s permit, the permit shall be, by the holder thereof, immediately surrendered to the City Clerk/City Manager.

(1995 Code, § 5.36.210) (Ord. 09-10, passed 9-1-2009)

   The following rules and regulations shall be observed by all persons operating taxicabs or automobiles for hire; and it shall be unlawful to operate the same in violation of any of the following rules:.

   (A)   Standing restricted. No taxicab or automobile for hire shall remain standing upon any portion of any public street within the city except for loading and unloading passengers, and then not for a period of more than five minutes, excepting such stands as may be designated by the Council and described in the application for a permit.

   (B)   Direct route. The operator of any taxicab, other than one charging a flat rate, shall carry any passenger engaging the same, safely and expeditiously to his or her destination by the most direct and accessible route.

   (C)   Mechanical maintenance. All automobiles for hire and taxicabs shall be kept in good mechanical condition.

   (D)   Sanitation of passenger compartment. No taxicab or automobile for hire shall be operated unless the passenger compartment is kept clean and in sanitary condition.

   (E)   Violation of law. No person shall operate a taxicab or automobile for hire in violation of any law.

   (F)   Unfair competition; fraud. No owner or operator of any automobile for hire or taxicab shall indulge in unfair competition with competitors or shall commit any fraud upon the public; and the Council shall be the sole judge of what constitute fraud or unfair competition.

   (G)   Designation as “taxi”. No automobile for hire shall be designated by any word or phrases using the word “taxi” or “taxicab” in any sign or advertising matter.

   (H)   Excessive charges. No charge shall be made by any operator or owner of a taxicab or automobile for hire in excess of the rates posted in the passenger compartment of the car.

   (I)   Posting of rates, regulations. Every taxicab shall have posted in the passenger’s compartment a schedule of rates and charges and a copy of this chapter.

(1995 Code, § 5.36.220)

   The purpose of this chapter is to regulate the distribution of unsolicited handbills within the city.

(Ord. 17-01, passed 2-7-2017)

   The following words, terms, and phrases when used in this chapter shall have the meanings ascribed to them, except where the context clearly indicates a different meaning.

      (1)   Which advertises for sale any merchandise, product, commodity, or thing; or

      (2)   Which directs attention to any business or mercantile or commercial establishment or other activity for the purpose of either directly or indirectly promoting the interests thereof by sales; or

      (3)   Which directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind for which an admission fee is charged for the purpose of private gain or profit; but the terms of this clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition, or event of any kind when either of the same is held, given, or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety, and good order. Provided, that nothing contained in this clause shall be deemed to authorize the holding, giving, or taking place of any meeting, theatrical performance, exhibition, or event of any kind without a license where such license is or may be required by any law of this state or under any laws of this city; or

      (4)   Which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes or for the private benefit and gain of any person so engaged as advertiser or distributor.

   NONCOMMERCIAL HANDBILL. Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter or literature not included in the aforesaid definitions of a commercial handbill or a newspaper.

(Ord. 17-01, passed 2-7-2017)

   It is unlawful for any person to distribute, deposit, place, scatter, or cast any commercial or noncommercial handbill in or upon any public place within the city, provided, however, that it shall not be unlawful for any person to hand out or distribute, without charge to the receiver thereof, any commercial or noncommercial handbill in any public place to any person willing to accept such.

(Ord. 17-01, passed 2-7-2017)

   It is unlawful for any person to distribute, deposit, place, throw, scatter, or cast any commercialor noncommercial handbill in or upon any automobile or other vehicle. The provisions of this section shall not be deemed to prohibit the handing, transmitting, or distributing of any commercial or noncommercial handbill to the owner or other occupant of any automobile or other vehicle who is willing to accept the same.

(Ord. 17-01, passed 2-7-2017)

   It is unlawful for any person to distribute, deposit, place, throw, scatter, or cast any commercial or noncommercial handbill in or upon any premises which is uninhabited or vacant.

(Ord. 17-01, passed 2-7-2017)

   It is unlawful for any person to distribute, deposit, place, throw, scatter, or cast any commercial or noncommercial handbill upon any premises if requested by anyone thereon not to do so, or if there is placed on said premises in a conspicuous position near the entrance thereof a sign indicating "No Trespassing", or "No Soliciting", or similar words indicating that no solicitation is desired by the occupant.

(Ord. 17-01, passed 2-7-2017)

   Where an inhabited private premises is not posted as provided herein, and unless requested by the occupant of the premises not to do so, a person may place or deposit any such commercial or noncommercial handbill in or upon such inhabited private premises if such handbill is placed, deposited, and secured in such a manner so as to prevent such handbill from being blown or scattered about such premises or elsewhere, except that mailboxes may not be so used for such purpose.

(Ord. 17-01, passed 2-7-2017)

   No person shall distribute any commercial or noncommercial handbill between the hours of 8:00 p.m. of any day and 8:00 a.m. of the following day.

(Ord. 17-01, passed 2-7-2017)

   The provisions of this chapter shall not be applicable to the distribution of the United States mail, to the distribution of a newspaper as defined herein, nor to the delivery of any commercial or noncommercial handbill to any person who has requested the delivery of the same.

(Ord. 17-01, passed 2-7-2017)

   No person shall keep or maintain for gain, in the city, any circus, side show, carnival, dog and pony show, merry-go-round, Ferris wheel, swing and other like riding devices, or theatrical or concert troupe or like performances without having a license therefor required by the provisions of this code.

(1995 Code, § 5.44.010)

   No license required by any of the provisions of this code shall be issued by the License Collector to any person owning, operating or managing any circus, side show, carnival, dog and pony show, merry-go-round, Ferris wheel, swing and other like riding devices and theatrical or concert troupe and like performances, engaged in or intending to engage in such business for gain until after they shall have been granted a permit by the Council as follows: The applicant shall make written application to the Council to obtain the required license which application shall state the particular place, lot or building where the business is to be carried on and shall also contain the agreement of the applicant to the effect that in consideration of the granting of the permit and the issuing of the license, the applicant shall conduct the business for which the license is sought to be obtained in a quiet, orderly and reputable manner and will not permit any disturbance of the public order or decorum; that the applicant will not permit any gambling in or about the premises and that the applicant will abide by all the laws now in force or that may hereafter be enacted regulating such business.

(1995 Code, § 5.44.020)

   Upon receipt of the application, the Council may, by resolution, grant or deny the permit.

(1995 Code, § 5.44.030)

   No permit shall be granted to any person who previously has had any such permit revoked.

(1995 Code, § 5.44.040)

   Any permit granted pursuant to this chapter shall be good only for the person and the particular place of business specified in the permit.

(1995 Code, § 5.44.050)

   In this chapter, unless it is apparent from the context hereof that some other meaning is intended, the term PUBLIC DANCE HALL shall mean any hall, room, platform, pavilion, building, restaurant or refreshment place or other place of business which is resorted to by the public at large for the purpose of engaging in or carrying on the pastime of dancing. Nothing herein contained shall be construed to require any permit for the maintenance of a bona fide school of instruction in the pastime of dancing.

(1995 Code, § 5.48.010)

   No person shall establish, maintain or conduct any public dance hall without first procuring from the Chief of Police a permit so to do.

(1995 Code, § 5.48.020)

   For the purpose of procuring the permit, the person shall file an application in writing therefor with the Chief of Police.

(1995 Code, § 5.48.030)

   No person shall permit a public dance hall to be kept open for dancing, or keep the same open for dancing to any extent whatever unless the place set aside for dancing is in a separate room or place from any room or place where alcoholic beverages are sold or consumed. No person shall permit any dancing in any public dance hall where alcoholic beverages are sold or consumed in the same room or place.

(1995 Code, § 5.48.040)

   The Chief of Police may require, as a condition to the issuance of any permit, to hold a dance in a public dance hall that the expense of placing a police officer of the city in the hall shall be borne by the applicant.

(1995 Code, § 5.48.050)

   No person shall place another person in any window, doorway or other place where the subject is exposed to the gaze of persons passing along any public street or alley in the city.

(1995 Code, § 5.52.010)

   It is unlawful for any person who voluntarily puts himself or herself under a hypnotic influence or for any so called “mind reader” to give exhibitions of his or her powers, as such, by driving or propelling any vehicle over or upon any of the public streets or alleys of the city.

(1995 Code, § 5.52.020)

   Nothing in this chapter shall apply to exhibitions in any theater, playhouse or places of amusement in the city.

(1995 Code, § 5.52.030)

   It shall be unlawful for any person, within the city and adjacent to within one-half mile distant from any bonafide human habitation, to establish, maintain or operate any sand, gravel, clay or earth pit, for the manufacture or production of sand, gravel, adobe blocks, brick, tile or other clay or concrete products, where the products are manufactured or produced for sale or general distribution without first obtaining from the License Collector a license to do so.

(1995 Code, § 5.56.010)

   No such license shall be issued, except upon the approval of the Council, after due notice and hearings, as hereinafter provided.

(1995 Code, § 5.56.020)

   Any person desiring to obtain a license, as herein provided for, shall file a written application therefor with the Council.

(1995 Code, § 5.56.030)

   The Council shall fix a time and place for public hearing on the application, which time shall be not less than 30 days after the filing. Prior to the hearing, the Clerk shall furnish to the applicant a copy of a notice of hearing on the application; and the applicant shall cause the notice to be published in a newspaper of general circulation in the city. The publication, if made in a daily newspaper, shall be for a period of not less than five consecutive publications of the newspaper immediately preceding the date of hearing, and if made in a weekly newspaper, shall be for a period of not less than two consecutive publications of the newspaper immediately preceding the date of hearing.

(1995 Code, § 5.56.040)

   The applicant shall cause a copy of the notice of hearing to be posted at points adjacent to two public highways nearest to the proposed location of the sand or gravel pit or plant or other facility for a period of at least 15 days prior to the date of hearing and in such manner as would reasonably give notice to the passerby of the matters contained in the notice.

(1995 Code, § 5.56.050)

   At the time and place fixed for the hearing on the application, the Council shall hear the same and any protests thereto. Upon such evidence and matters brought to its attention at the hearing, the Council shall determine whether or not the establishment or maintenance of the proposed sand, gravel, clay or earth pit, for the manufacture or production of sand, gravel, adobe blocks, brick, tile or other clay or concrete products, described in the application, will be, or be likely to become, a public nuisance, or will be dangerous or detrimental to the public peace, welfare, health or safety; and the Council, having so determined, shall in accordance with its finding, grant or withhold its approval of the license sought by the application.

(1995 Code, § 5.56.060)

   Upon the approval of the Council of any such application, the Clerk of the Council shall notify the License Collector in writing of the granting of the approval and thereafter the License Collector shall issue to the applicant such license upon receipt of the sum of $50, which sum is hereby fixed as the yearly license fee for each such license provided for herein.

(1995 Code, § 5.56.070)

   As used in this chapter, the following words and terms shall have the meanings herein ascribed to them.

   CONTRACTOR. Synonymous with BUILDER. Any person, except an owner who contracts for a project with a licensed contractor or a licensed architect or a registered civil engineer acting solely in his or her professional capacity, who in any capacity other than as the employee of another with wages as the sole compensation, undertakes to or offers to undertake or purports to have the capacity to undertake or submits a bid to, or does construct, alter, repair, add to, subtract from, improve, move, wreck, or demolish any building, highway, road, railroad, excavation or other structure, project, development or improvement, or do any part thereof, including the erection of scaffolding or other structures or works in connection therewith.

   GENERAL BUILDING CONTRACTOR. A contractor whose principal contracting business is in connection with any structure built, being built or to be built for the support, shelter and enclosure of persons, animals, chattels or movable property of any kind, requiring in its construction the use of more than two unrelated building trades, or to do or superintend the whole or any part thereof.

   GENERAL CONTRACTING. The contracting business also includes GENERAL BUILDING CONTRACTING and GENERAL ENGINEERING CONTRACTING.

   GENERAL ENGINEERING CONTRACTOR. A contractor whose principal contracting business is in connection with fixed works for any or all of the following divisions or subjects: irrigation, drainage, water power, water supply, flood control, inland waterways, harbors, railroads, highways, tunnels, airports and airways, sewage and bridges.

   SPECIALTY CONTRACTOR. A contractor whose operations as such are the performance of construction work requiring special skill and whose principal contracting business involves the use of specialized building trades or crafts.

   SUBCONTRACTOR. Included in the meaning of contractor or specialty contractor, but does not included anyone who merely furnishes materials or supplies without fabricating them into, or consuming them in the performance of the work of the contractor.

(1995 Code, § 5.60.010)

   No person shall engage in the business or act in the capacity of a contractor within the city without having a city license therefor, unless the person is particularly exempted from the provisions of this chapter.

(1995 Code, § 5.60.020)

   All of the provisions of Cal. Business and Professions Code §§ 7040, 7041, 7042, 7043, 7044, 7045, 7046, 7047, 7048 and 7049, as amended and in force and effect, applicable to exemptions, are hereby adopted and made a part of this chapter as though fully set forth herein.

(1995 Code, § 5.60.030)

   No person shall be issued a city license to engage in the business or act in the capacity of a contractor within the city until he or she has displayed to the Finance Director/Treasurer a duly issued contractor’s license, issued pursuant to the laws of the state, showing the person to have been duly licensed to engage in the business or act in the capacity of a contractor for the period of time for which the city license is to be issued.

(1995 Code, § 5.60.040)

   Before a building permit can be issued to any contractor for any type of construction, or for any building, structure, project, development or improvement, or to do any part thereof, or for any alteration or repair, it will be necessary for him or her to first display to the Building Inspector a duly issued contractor’s license, issued pursuant to the laws of the state, showing the person to be duly licensed to engage in the business or act in the capacity of a contractor, bearing the name of the contractor and the classification which he or she is classified and the type of the construction or work in which he or she is qualified to engage, and it will be necessary for him or her to display to the Building Inspector a city contractor’s license issued to him or her pursuant to the provisions of this code, showing the person to be duly licensed to engage in the business or act in the capacity of a contractor in the city.

(1995 Code, § 5.60.050)

   This chapter shall apply to all contracts awarded by or entered into by the city, including, without limitation, purchases, contracts or leases for supplies, materials or equipment; contracts for professional and nonprofessional services; contracts for public works or construction projects; and contracts with insurance or surety companies issuing insurance policies or bonds for city public works or construction projects, city sponsored events or privately-sponsored events at city facilities. The provisions of this chapter are intended to determine in advance of submittal of bids or proposals on city contracts whether a person has the necessary qualifications, fitness, capacity, integrity and trustworthiness to perform city contracts. Nothing in this chapter shall limit the city's ability to determine prior to or at the time of contract award whether a bid or proposal is responsive to the city's solicitation for bids or proposals and whether the person submitting the bid or proposal has the requisite qualifications, fitness, capacity, trustworthiness and integrity needed to perform the contract.

   For the purpose of this chapter, the following definitions shall apply:

      (1)   One person directly or indirectly controls or has the power to control or influence the decision making of the other;

      (2)   A third person controls or has the power to control or influence the decision making of both; or

      (3)   The person(s) has the same or overlapping management, ownership or one or more of the same principals as the other person.

      (1)   Supplies, materials or equipment;

      (2)   Professional or nonprofessional services;

      (3)   Public works or construction projects;

      (4)   Insurance policies or bonds provided in connection with a public works or construction project, a city-sponsored activity or event or a privately-sponsored activity or event at a city-owned, operated or controlled facility; and

      (5)   Other goods and services.

      (1)   The quality of supplies offered;

      (2)   The ability, capacity and skill of the bidder to perform the contract or to provide the supplies or services required;

      (3)   Whether the bidder can perform the contract or provide the supplies or services promptly, or within the time specified, without delay or interference;

      (4)   The sufficiency of the bidder's financial resources and the effect thereof on his ability to perform the contract or to provide the supplies or service;

      (5)   The character, integrity, reputation, judgment, experience and efficiency of the bidder;

      (6)   The quality of the bidder's performance on previous orders or contracts for the city;

      (7)   Litigation by the bidder on previous orders or contacts with the city;

      (8)   Previous and existing compliance by the bidder with local laws and ordinances relating to the subject of the purchase or contact;

      (9)   The ability of the bidder to provide future maintenance and service where such maintenance and service is essential.

   PRINCIPAL. Any officer, director, owner, partner, joint venturer, shareholder, responsible managing officer, responsible managing employee or person with primary management or supervisory responsibilities, including any person who has a substantial influence or substantive control over performance of a contract.

(Ord. 2023-08, passed 9-19-2023)

   Notwithstanding any other provision of this code:

   (A)   The Hearing Officer may disqualify or prohibit any person, or any principal, affiliate or successor-in-interest thereof, from bidding upon, soliciting, or being awarded any contract with the city or from being a subcontractor, supplier, insurer or surety at any tier upon such contract, in accordance with the procedures established by this chapter.

   (B)   During the time period that a disqualification pursuant to this chapter is in effect for any person, the city shall not accept bids or proposals from, contract with or allow performance of all or any portion of a city contract including, but not limited to, subcontracts, supply contracts, insurance or surety agreements, by any person who has been disqualified in accordance with this chapter.

   (C)   During the time period that a disqualification of any person by a local, state or federal agency is in effect, the city shall not accept bids, solicitations or proposals from, contract with or allow performance of subcontracts, material or supply contracts, insurance or surety agreements, by such person, whether or not such person has been disqualified by the city pursuant to this chapter.

(Ord. 2023-08, passed 9-19-2023)

   Whenever notice is required to be given under this chapter, it shall be deemed effective on the day such notice is either personally delivered or deposited in the United States Mail, first class postage prepaid and addressed to the last known address of the person to be notified.

(Ord. 2023-08, passed 9-19-2023)

   Disqualification may be imposed on a person by the Hearing Officer in accordance with the procedures established by this chapter on one or more of the following grounds:

   (A)   Commission by such person of any act of:

      (1)   Fraud, bribery, collusion or conspiracy;

      (2)   Bid rigging, price fixing or any other act in violation of any local, state or federal law in connection with the bidding upon, solicitation, award or performance of any public contract; or

      (3)   Embezzlement, theft, forgery, falsification or fabrication of records, moral turpitude or perjury.

   (B)   Commission of any act indicating a lack of integrity or honesty.

   (C)   Submission of a bid, proposal, insurance policy, bond, guarantee or other document that is known, or should be known, by such person to be false, misleading or non- meritorious or to contain false information, or is determined to be a deliberate attempt to circumvent the intent of this chapter.

   (D)   Submission of any false, misleading or non-meritorious claim, demand or lawsuit against any private party or public agency, including the city.

   (E)   Pending litigation between the person and the city, which could impact the ability of the parties to work cooperatively with each other.

   (F)   Breach of the terms of a public contract by a willful or material failure to perform in accordance with the terms thereof.

   (G)   Violation of a local, state or federal law or regulation applicable to a public contract.

   (H)   Current or past suspension or disqualification from award or performance of a public contract by any local, state or federal agency.

   (I)   Knowingly doing business with a disqualified third person in performance of any public contract awarded after disqualification of said third person.

   (J)   Substandard performance on any public contract, including, without limitation:

      (1)   A material breach thereof;

      (2)   A demonstrated consistent failure to adhere to contractual terms, procedures, or performance requirements, but which may not rise to the level of a material breach;

      (3)   A failure to complete work required thereunder in a timely manner or within the contractprice when such failure is attributable to the negligent or wrongful actions or inactions of such person or such person's subcontractors or suppliers;

      (4)   Substandard quality of work; or

      (5)   Any negligent or wrongful failure to cooperate with the contracting agency during performance of the public contract.

   (K)   One or more violation during the performance of any public contract of any labor or safety statutes, regulations or standards including, without limitation, applicable local, state or federal statutes, regulations or standards governing prevailing wage, occupational safety and health, nondiscrimination requirements or other local, state or federal laws.

   (L)   Failure to have or maintain in good standing all necessary licenses, permits or other approvals required to transact business within the State of California.

   (M)   One or more violation of any law or regulation governing the handling, transfer, storage or disposal of hazardous materials or hazardous wastes.

   (N)   One or more violation of any law or regulation governing the handling, transfer, storage or disposal of solid waste generated during the performance of such public contract.

   (O)   A violation of any law or regulation governing conflicts of interest.

   (P)   Evidence that the person lacks financial responsibility, such as unpaid debts, unfulfilled insurance or bond obligations or other evidence of financial instability or irresponsibility.

   (Q)   Any other ground that the Hearing Officer determines that would impair the ability of the person to perform a public contract or any part thereof.

(Ord. 2023-08, passed 9-19-2023)

   (A)   Existence of grounds for disqualification as described in this chapter may be determined to exist by the Hearing Officer by a preponderance of the evidence if, not more than ten years prior to the date that a written notice of proposed disqualification is provided to such person pursuant to this chapter:

      (1)   Such person has been convicted of a criminal charge for any act or omission described in this chapter, whether entered by a verdict or a plea including a plea of no contest;

      (2)   A civil judgment has been entered against such person for any act or omission described in this chapter;

      (3)   A penalty or sanction including, without limitation, monetary penalties, imprisonment and other sanctions, such as disqualification, has been imposed on such person by a federal, state or local agency for any act or omission described in this chapter; or

      (4)   Such person has committed one or more acts or omissions described in this chapter, based on a preponderance of evidence in the record of facts and information presented to the Hearing Officer.

   (B)   An act or omission described in this chapter may be imputed to a person who is the subject of a proposed disqualification when such act or omission is committed for or on behalf of such person, and such person had actual or constructive knowledge of such act or omission.

   (C)   In determining whether to disqualify a person and the duration of such disqualification, the Hearing Officer may consider, in addition to any other relevant factors, one or more of the following:

      (1)   The degree to which the person cooperated with local, state or federal authorities in any criminal proceeding forming the basis for disqualification;

      (2)   The degree to which the person provided restitution for any damages or injury occasioned by the person' s acts or omissions;

      (3)   Whether the person had in place adequate and effective standards of conduct and internal control systems at the time of such acts or omissions;

      (4)   Whether the person provided timely notice of such acts or omissions to the appropriate government agency or agencies;

      (5)   Whether the person fully investigated the circumstances surrounding such acts or omissions and promptly provided the city with the result of the investigation;

      (6)   Whether the person took appropriate remedial or disciplinary action against the individuals responsible for such acts or omissions;

      (7)   Whether the person implemented or agreed to implement remedial measures to prevent a recurrence of such acts or omissions including, without limitation, new or revised internal controlprocedures and other measures recommended, identified or prescribed by any government agency; and

      (8)   Whether the person had adequate time to eliminate or mitigate the circumstances or factors leading to or causing such acts or omissions.

   (D)   The City shall have the initial burden of proof to establish the grounds for disqualification.

(Ord. 2023-08, passed 9-19-2023)

   (A)   Disqualification of a person under this chapter constitutes disqualification of that person from submitting bids or proposals to the city for the purpose of entering into or in any manner participating in any city contract, or any part thereof, and shall apply to all individuals, divisions, subsidiaries, affiliates and parent corporations of that person unless the decision to qualify is limited by its terms to one or more specifically identified individuals, divisions, subsidiaries, affiliates, parents or other organizational elements.

   (B)   The disqualification of a person shall apply to any existing affiliate of the person where the affiliate is specifically named and given notice of the proposed disqualification and an opportunity to respond. The disqualification shall also apply to any successor-in-interest or any affiliate of the disqualified person formed during or after the disqualification proceedings.

   (C)   Disqualification of any person shall apply to any business entity, whether or not such business entity was in existence at the time of such disqualification, for which the disqualified person acts as a principal during the disqualification period.

   (D)   The Hearing Officer shall determine the length and scope of the disqualification. The scope of the disqualification may include disqualification as to certain work, as to general or subcontracting, or any other limitation.

(Ord. 2023-08, passed 9-19-2023)

   The disqualification period shall be commensurate with the severity of the person's acts of omissions, as determined by the Hearing Officer. However, disqualification may include a lifetime disqualification of any person or entity, including, but not limited to, their subsidiary, affiliate, officer, shareholder, or other agent.

(Ord. 2023-08, passed 9-19-2023)

   (A)   Prior to disqualifying any person under this chapter, the Hearing Officer shall mail or deliver by personal service a written notice of the proposed disqualification to the person proposed to be disqualified, hereinafter referred to as "respondent." Such notice shall contain the following:

      (1)   Notice that a disqualification is being considered;

      (2)   The grounds for the proposed disqualification, in terms sufficient to put the respondent on notice of the conduct or action(s) upon which it is based;

      (3)   The intended period of the disqualification;

      (4)   A summary of the disqualification procedures set forth is this chapter; and

      (5)   The name and address of the Hearing Officer to which the respondent may submit a written request for a hearing on the proposed disqualification.

   (B)   Within 15 days after personal service or mailing of the notice of the proposed disqualification, the respondent or the respondent's representative may submit a written request for a hearing on the proposed disqualification. Such written request shall specify the name and address of the person to which all subsequent notices and communications should be mailed. Failure of the respondent or respondent's representative to submit a written request for a hearing within the time provided by this division, or failure of respondent or respondent's representative to appear at the requested hearing, shall be deemed to be a waiver by respondent of respondent's right to request a hearing on the proposed disqualification and the Hearing Officer's decision shall be final.

   (C)   If the respondent requests a hearing in accordance with division (B) of this section, the Hearing Officer shall schedule a hearing at which the respondent or the respondent's representative shall have an opportunity to provide relevant information and argument, including the presentation and questioning of witnesses, to the Hearing Officer. The Hearing Officer shall provide the respondent with written notice of the time, date, and location of such hearing, which shall be held no sooner than five days from the date of such notice.

   (D)   The formal rules of evidence shall not apply during the hearing. The Hearing Officer may admit into evidence all relevant evidence, including the affidavits or declarations of witnesses; limit the scope of discovery; shorten the time to produce records or witnesses; exclude witnesses from the hearing when not testifying; exclude disorderly or disruptive persons from the hearing; and make other orders necessary to ensure the fair and orderly conduct of the hearing. The hearing shall be open to the public.

   (E)   The proceedings at the hearing may be tape-recorded if ordered by the Hearing Officer or requested by the respondent. A stenographer shall also transcribe the proceedings if ordered by the Hearing Officer or requested by the respondent, with the costs thereof to be borne by the person making the order or request. A copy of the tape recording or transcript of the proceedings shall be made available to the respondent upon request and upon payment of the cost of preparation thereof.

   (F)   Following the hearing, the Hearing Officer shall render a decision on the proposed disqualification. The decision shall be in writing and shall specify the reasons therefor. If the Hearing Officer upholds the disqualification, the notice of decision shall specify the length of the disqualification period and notify the respondent of his or her right to appeal the decision pursuant to division (G), below.

   (G)   The respondent shall have ten days from the date of the Hearing Officer's decision to appeal the decision to the City Manager. The appeal shall be in writing and shall be received by the City Manager by the close of business not later than the tenth day following the date of the Hearing Officer's decision except that, if such date falls on a Saturday, Sunday or city holiday, the appeal period shall be extended to the close of business on the next regular business day.

(Ord. 2023-08, passed 9-19-2023)

   (A)   Upon the timely receipt of an appeal, the Hearing Officer's decision shall be abated and the City Manager shall schedule a time at which the respondent Hearing Officer meet with the City Manager to explain why the Hearing Officer's decision should be set aside or modified.

   (B)   Evidence or testimony not previously presented to the Hearing Officer shall not be permitted at the meeting unless the City Manager determines, in his or her sole discretion, that the interest of justice requires the consideration of such new evidence or testimony.

   (C)   If ordered by the City Manager, the proceedings may be tape-recorded or transcribed in the manner described in the § 5.62.090.

   (D)   At the conclusion of the meeting, the City Manager shall render a decision to uphold, modify, or set aside the Hearing Officer's decision and shall provide written notice of the decision to the respondent or the respondent's representative. If the City Manager determines to uphold the Hearing Officer's decision to disqualify the respondent, the disqualification period shall commence from the date of the City Manager's decision.

   (E)   The City Manager's decision shall be final, except a review as provided in the § 5.62.110. Any appeal of the City Manager's decision shall be made to the Superior Court within ten days from the date of the City Manager's decision.

(Ord. 2023-08, passed 9-19-2023)

   (A)   The City Manager or Hearing Officer's decision to disqualify a person as provided herein may be modified or vacated by the City Manager or Hearing Officer, as the case may be, if, in his or her sole judgment, good cause exists for such modification

or vacation. Good cause for review may be based on one or more of the following reasons:

      (1)   Newly-discovered, material evidence not previously available to the parties.

      (2)   Final, judicial reversal of a conviction or civil judgment upon which the disqualification was based.

      (3)   A bona fide change in ownership or management of the respondent's business.

      (4)   Elimination of the grounds upon which the disqualification was based.

   (B)   The respondent shall have no right of review by the City Manager or Hearing Officer. Such review shall be at the City Manager or Hearing Officer's sole discretion.

   (C)   A request for review shall be submitted by the respondent or the respondent's representative in writing and shall be accompanied by competence evidence in support thereof. Upon receipt of the request, the City Manager or Hearing Officer, as the case may be, shall respond within a reasonable period of time as to whether the decision will be reviewed. The City Manager or Hearing Officer's denial of such request shall be non-appealable and not subject to judicial review.

   (D)   If the City Manager or Hearing Officer agrees to review the decision, he or she shall render a written decision within a reasonable time thereafter. The decision shall be final and delivered to the respondent or respondent's representative.

(Ord. 2023-08, passed 9-19-2023)

   The city may require any person submitting a bid or proposal on a city contract to submit the following as part of such bid or proposal:

   (A)   A statement under penalty of perjury, that neither such person, including any principal, affiliate or predecessor-in-interest of such person, nor any subcontractor, supplier or surety engaged or to be engaged by the person:

      (1)   Is currently disqualified or has been disqualified at any time during the preceding ten years, from submitting a bid or proposal on a contract by any federal, state or local agency.

      (2)   Has, at any time during the preceding ten years, been convicted of any offense, been subject to a civil judgment or been subject to a penalty or sanction by any federal, state or local agency for any act or omission described in this chapter.

   (B)   Any other information or documentation deemed necessary to determine the person's eligibility to submit a bid or proposal on a city contract.

(Ord. 2023-08, passed 9-19-2023)

   In performance of any city contract, no person having actual or constructive knowledge shall utilize the services of any person who is currently disqualified pursuant to this chapter. No person having actual or constructive knowledge shall use or list, in any bid or proposal for a city contract, any subcontractor, supplier, insurer or surety who is currently disqualified pursuant to this chapter. Violation of this section may result in rejection of the bid or proposal, nonpayment by the city for work performed by such person, annulment of award or termination of an award of contract, issuance of a stop work order, disqualification from submitting future bids or proposals on city contracts, or any other remedy provided by law. A person who uses or lists a disqualified subcontractor, supplier, insurer or surety without having actual or constructive knowledge of such disqualification shall be allowed to substitute the disqualified subcontractor, supplier, insurer or surety in accordance with state law or, if not applicable, the provisions of the contract governing contract changes.

(Ord. 2023-08, passed 9-19-2023)

   (A)   The city shall not renew or extend the term of any contract(s) with any person who is disqualified in accordance with this chapter, or who utilizes the services of any supplier, subcontractor, insurer or surety who is disqualified in accordance with this chapter, unless the City Manager determines that such renewal or extensions is in the best interest of the city.

   (B)   Notwithstanding the disqualification of any person, the city may, at its sole option, elect to continue a contract in existence at the time the person is disqualified, unless the City Manager determines that termination of such contract is in the best interest of the city.

(Ord. 2023-08, passed 9-19-2023)

   (A)   The City Manager shall maintain a list of all persons who are currently disqualified by the city pursuant to this chapter and the effective dates of such disqualification. Such list shall not include a person disqualified by another local agency or the state or federal government unless the person has been disqualified by the city under this chapter. Such list shall be filed with the City Clerk, who shall make thelist available for public inspection and copying during regular business hours and in accordance with the California Public Records Act.

   (B)   Such list shall be deemed to be constructive notice as to the persons who have been disqualified from submitting bids or proposals on city contracts or who are ineligible to participate in such contracts.

(Ord. 2023-08, passed 9-19-2023)

   As used in this chapter, the following words and terms shall have the meanings herein ascribed to them.

   PRIVATE PATROL SYSTEM. A business which purports to furnish and does furnish by private agreement with diverse merchants, or other occupants of property within the city, any private police officer, watchperson or guard to patrol and watch their property and protect the same from intrusion by persons whose presence thereon is not necessary.

   PRIVATE WATCHPERSON or SPECIAL POLICE OFFICER. Shall not include a private watchperson employed by just one or two persons to guard the property of the persons exclusively; nor is the term intended to include a special police officer appointed by the Chief of Police, at the request of the person to be employed by the persons as a watchperson, or for like purposes.

(1995 Code, § 5.64.010)

   Any notice required by this chapter must be in writing and may be given by personal service or by mail. In case of service by mail the notice must be deposited in the United States Post Office in a sealed envelope, with postage prepaid, addressed to the person to whom it is to be served, at his or her last known address as the same appears from the files of the Clerk. The service shall be deemed complete at the time of the deposit in the Post Office.

(1995 Code, § 5.64.020)

   It is unlawful for any person, either as principal, agent or otherwise, to engage in the business of operating a private patrol system without first having obtained a permit therefor as in this chapter provided.

(1995 Code, § 5.64.030)

   No private patrol system permit may be transferred without the written consent of the Manager obtained upon application in the same manner as is herein provided for the original application for the permit.

(1995 Code, § 5.64.040)

   Any person desiring a permit to engage in the business of operating a private patrol system shall file with the Chief of Police a written application, in duplicate, addressed to the Manager, setting forth the information required by this chapter. An application for a permit to operate a private patrol system shall be on a form supplied by the Clerk and shall set forth the following information:

   (A)   Name, address of applicant. The full name and home address of each person signing the application;

   (B)   Business name. The name under which it is proposed to operate the intended private patrol system;

   (C)   Post employment. The business or occupation for the five years last past of each person signing the application, giving the name and address of each employer, the date of employment, and the nature of the services performed by each person;

   (D)   Proposed territory. The territory of the city in which it is desired to operate the proposed private patrol system;

   (E)   Proposed hours. The hours during which it is proposed to patrol the territory or render guard or watch person service;

   (F)   Business address. The address of the principal place of business of the applicant or the proposed principal place of business, and all existing or proposed branch offices;

   (G)   State detective license. State whether or not the applicant holds a license issued by the Board of Prison Directors of the state as a private detective;

   (H)   Date of license; surety. If the applicant holds the license, give the date of the issuance thereof, and the name and address of his or her surety or sureties;

   (I)   Date of application for denied license. If the applicant has ever applied for such a license and had the same denied, give date of application;

   (J)   Arrests. State whether any person signing this application has ever been arrested on a charge of the commission of a felony, or a charge involving moral turpitude, at any time, or arrested for any reason, within five years last past, giving full details;

   (K)   Manager’s name, address. The name and address of the person who will have the active operation and management of the business;

   (L)   Resolution of corporation. If the applicant is a corporation, the application shall be accompanied by a certified copy of the resolution authorizing the application; and

   (M)   Other information. Such other information as the Chief of Police or the Manager may require.

(1995 Code, § 5.64.050)

   (A)   By individual. If the application is an individual, he or she shall sign the application personally.

   (B)   By association. If the applicant is an association, firm or copartnership, the application shall be signed personally by each person composing or intending to compose the association, firm or copartnership.

   (C)   By corporation. If the applicant is a corporation, the application shall be singed by each member of the Board of Directors.

   (D)   Verification. The application shall be sworn to by all persons signing the same before some person authorized to administer oaths.

(1995 Code, § 5.64.060)

   Upon receipt of an application for a permit to operate a private patrol system, the Chief of Police shall forward to the Manager the original copy of the application, retaining the duplicate copy.

(1995 Code, § 5.64.070)

   The Chief of Police shall immediately make an investigation as to the truthfulness of the facts therein set forth, and the reputation and character, competency and integrity of each person signing the application, and whether the management, conduct and operation of the proposed private patrol system will or will not comport with the public welfare; and for this purpose shall consider any facts or evidence bearing on the moral fitness and reputation of those who will be in charge of the private patrol system and any other evidence or fact tending to assist in enlightening the Manager in this respect. Upon completion of the investigation, he or she shall file a written report thereof with the Manager. The Manager shall grant or deny a permit to the applicant within 20 days from the date of an application being filed with the Chief of Police.

(1995 Code, § 5.64.080)

   The permit shall not be issued until the applicant shall exhibit to the Manager a valid and existing license issued to him or her by the License Collector to carry on such business and shall have filed with the Clerk a surety bond as hereinafter provided, or shall have filed with the Clerk a certified copy of a valid and existing license issued to the applicant by the Board of Prison Directors of the state to carry on the business of a private detective.

(1995 Code, § 5.64.090)

   The Manager shall deny an application if it appears:

   (A)   That any person signing the application has ever been convicted of a felony or a misdemeanor, involving moral turpitude;

   (B)   That any person signing the application does not have a good reputation for honesty, character, integrity or sobriety, or is not a responsible person; and

   (C)   For any reason, within his or her sound discretion, that a private patrol system is not needed within the territory set forth in the application, or for any other reason would not comport with the public welfare.

(1995 Code, § 5.64.100)

   Any person who has made application for a private patrol system permit under this chapter and who does not hold a valid permit issued by the Board of Prison Directors of the state to carry on the business of a private detective, shall, before any permit issued to him or her, deliver to and file with the Clerk a surety bond, executed by a surety company authorized to do business in the state in the sum of $1,000, conditioned for the faithful and honest conduct of the business by the applicant, which bond shall be upon a form provided by the Clerk and approved as to its form and execution by the Attorney.

(1995 Code, § 5.64.110)

   The bond shall be taken in the name of the people of the city and every person injured by the willful, malicious, negligent or wrongful act of the principal, his or her agents or employees, may bring an action on the bond in his or her own name to recover damages suffered by reason of the willful, malicious, negligent or wrongful act.

(1995 Code, § 5.64.120)

   A surety bond filed as herein required may be canceled only by service of a written notice upon the Clerk not less than five days prior to the effective date of the cancellation; and the holder of a private patrol system permit and his or her private patrol watchperson, thereby secured, shall be ipso facto suspended upon the cancellation of the bond, until such time as another bond is filed as herein reacquired in the first instance.

(1995 Code, § 5.64.130)

   Any permit granted pursuant to this chapter for the operation of a private patrol system may be revoked by the Manager for any reason for which the granting of the permit might be lawfully denied, or for the violation of any provisions of this chapter, or for any other good cause.

(1995 Code, § 5.64.140)

   The revocation shall be made only after a hearing granted to the holder of the permit before the Manager, after five days notice to the permit holder, setting forth the grounds of complaint. The hearing may be continued from time to time as the circumstances may require.

(1995 Code, § 5.64.150)

   Upon revocation of any permit, the permit shall be immediately surrendered to the Manager. The revocation of any permit shall be in addition to any penalties otherwise provided in this chapter.

(1995 Code, § 5.64.160)

   Any permit for a private patrol system shall be issued upon condition that the private patrol system shall be operated and conducted subject to the general supervision of the Chief of Police.

(1995 Code, § 5.64.170)

   No person shall wear or display, or cause to be worn or displayed, any badge or insignia similar in design to that used by the Police or Fire Departments. No badge or insignia shall be worn, displayed or used in any manner unless the same has been first approved by the Chief of Police.

(1995 Code, § 5.64.180)

   No person shall wear or permit to be worn, any uniform in the operation of a private patrol system that is similar to the uniforms used by the Police and Fire Departments. No uniform shall be worn unless the same shall have been first approved by the Chief of Police.

(1995 Code, § 5.64.190)

   No person shall use, wear or exhibit any rank or insignia of rank or permit to be used, worn or exhibited any rank or insignia of rank, by any person operating, or employed by a person operating a private patrol system, except such as may be approved in writing by the Chief of Police.

(1995 Code, § 5.64.200)

   Every person operating a private patrol system shall pay the following license tax: $13.50 per annum, together with an additional $5 per annum for person working at the business.

(1995 Code, § 5.64.210)

   Any holder of, or applicant for, a private patrol system permit excepting to any denial or revocation of a permit applied for or held by him or her, or to any action taken by an official of the Council by filing with the Clerk a written notice of the appeal, setting forth the specific grounds thereof. The notice must be filed within 14 days after notice of the action appealed from, but in no event later than 30 days after date of the action. The Clerk shall forthwith set the matter for hearing before the Council and cause notice thereof to be given not less than five days prior to the hearing to the appellant. At the hearing, the appellant shall show cause, on the grounds specified in the notice of appeal, why the action, excepted to, should not be approved. The hearings may, by the Council, be continued over from time to time. Its findings on the appeal shall be final and conclusive in the matter.

(1995 Code, § 5.64.220)

   This chapter shall be known as the “Transient Occupancy Tax Law of the City of Tulare”.

(1995 Code, § 5.68.010)

   Except where the context otherwise requires, the following definitions shall govern the construction of this chapter.

   HOTEL. Any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping proposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, or other similar structure or portion thereof. HOTEL also includes a “mobile home”, as defined in Cal. Health and Safety Code § 18008, which is located outside a mobile home park when the tenant is not an employee of the owner or operator of the mobile home. HOTEL does not include a hospital room, medical clinic, convalescent home or home for the aged. Also, HOTEL does not include a private home, vacation cabin or similar facility which is rented by a person who is not regularly engaged in the business of renting the facilities and does so only occasionally and incidentally to his or her own use thereof.

   OCCUPANCY. The use or possession, or the right to the use or possession, of any room or rooms or portion thereof, in any hotel for dwelling, lodging or sleeping purposes.

   OPERATOR. The person who is the proprietor of the hotel, whether in the capacity of owner, lessee, subleasee, mortgagee in possession, licensee or any other capacity. If the operator performs his or her functions through a managing agent of any type or character other than an employee, the managing agent shall also be deemed an OPERATOR for the purposes of this chapter and shall have the same duties and liabilities as his or her principal. Compliance with provisions of this chapter be either the principal or the managing agent shall, however, be considered to be compliance by both.

   RENT. The consideration charged, whether or not received, for the occupancy of space in a hotel valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom.

   TAX COLLECTOR. The Tax Collector of the City of Tulare.

   TRANSIENT. Any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel shall be deemed to be a transient until the period of 30 days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. In determining whether a person is a transient, uninterrupted periods of time extending both prior and subsequent to the effective date of this chapter may be considered.

(1995 Code, § 5.68.020)

   For the privilege of occupancy in any hotel on and after July 1, 1994, each transient is subject to and shall pay a tax in the amount of 10% of the rent charged by the operator. The tax constitutes a debt owed by the transient to the city which is extinguished only by payment to the operator or to the city. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due when the transient ceases to occupy space in the hotel. If the tax due is not paid to the operator, the tax shall be paid directly to the Tax Collector.

(1995 Code, § 5.68.030)

   No tax shall be imposed upon the following persons:

   (A)   Any person as to whom, or any occupancy as to which, it is beyond the power of the city to impose tax herein provided;

   (B)   Any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty; and

   (C)   Any occupant whose rent is less than $2 a day. No exemption shall be granted under divisions (A), (B) or (C) of this section unless a claim of exemption in the form prescribed by the Tax Collector is executed by the transient under penalty of perjury and filed with the operator at the time rent is collected.

(1995 Code, § 5.68.060)

   Each operator shall collect the tax imposed by this chapter to the same extent and at the same time as the rent is collected from every transient. The amount of tax shall be separately stated from the amount of the rent charged and each transient shall receive a receipt for payment of the tax from the operator. No operator of a hotel shall advertise or state in any manner, whether directly or indirectly, that the tax or any part therefor will be assumed or absorbed by the operator, or that it will not be added to the rent, or that, if added, any part will be refunded except in the manner provided in this chapter.

(1995 Code, § 5.68.050)

   Every person engaging or about to engage in business as an operator of a hotel in the city shall register with the Tax Collector on a form provided by him or her. Persons engaged in such business must so register not later than January 1, 1965, or within 30 days after commencing business whichever is later, but the privilege of registration after the date of imposition of the tax shall not relieve any person from the obligation of collection and payment of tax on and after the date of imposition thereof, regardless of registration. The registration form shall set forth the name under which the person transact or intends to transact business, the location of his or her place or places of business and such other information to facilitate the collection of the tax as the Tax Collector may require. The registration form shall be signed by the owner if a natural person, by a member or partner in case of an association or partnership, and by an executive officer or some person specifically authorized by the corporation to sign the registration form in the case of a corporation. The Tax Collector shall, within ten days after receiving the registration form, issue without charge a certificate of authority to each registrant to collect the tax from transients, together with a duplicate thereof for each additional place of business of the registrant. The certificates shall be nonassignable and nontransferable and shall be surrendered immediately to the Tax Collector upon the cessation of business at the location named or upon sale or transfer of the hotel. Each certificate shall be prominently displayed in the hotel so as to be seen and come to the notice readily of all occupants and persons seeking occupancy. The certificate shall contain the following information:

   (A)   The name of the operator;

   (B)   The address of the hotel;

   (C)   The date upon which the certificate was issued;

   (D)   The following statement: “This Transient Occupancy Registration Certificate signifies that the person named on the face hereof has fulfilled the requirements of the Transient Occupancy Tax Law of the City by registering with the Tax Collector for the purpose of collecting from transients the Transient Occupancy Tax and remitting said tax to the Tax Collector. This certificate does not authorize any person to conduct any unlawful business or to conduct any lawful business in an unlawful manner, nor to operate a hotel without strictly complying with all local applicable laws, including but not limited to those requiring a permit from any board, commission, department or office of this City. This certificate does not constitute a permit.”

   (E)   Such additional information as may be required by the Tax Collector.

(1995 Code, § 5.68.060)

   Each operator shall, on or before the last day of the calendar month following the close of each calendar quarter, or at the close of any shorter reporting period which may be established by the Tax Collector, make a return to the Tax Collector, on forms provided by him or her, of the total rents charged and received and the amount of tax collected from transient occupancies. At the time the return is filed, the full amount of the tax collected shall be remitted to the Tax Collector. The Tax Collector may establish shorter reporting periods for any operator if he or she deems it necessary in order to insure collection of the tax and he or she may require additional information in the return. Returns and payments are due immediately upon cessation of business for any reason. All taxes collected by operators pursuant to this chapter shall be held in trust for the account of the city until payment thereof is made to the Tax Collector.

(1995 Code, § 5.68.070)

   If a remittance to cover a payment required by this chapter to be made to the Tax Collector on or before a specified date is sent through the United States mail, properly addressed with postage prepaid, it shall be deemed to have been received by the Tax Collector on the date shown by the post office cancellation mark stamped upon the envelope containing the remittance, or on the date it was mailed if proof satisfactory to the Tax Collector establishes that the mailing occurred on an earlier date. Nothing in this section shall be construed as constituting payment of any remittance required, unless the remittance is actually received by the Tax Collector.

(1995 Code, § 5.68.080)

   Any operator who fails to remit any tax imposed by this chapter within the time required by § 5.68.070 of this chapter shall pay a penalty of 10% of the amount of the tax in addition to the amount of the tax.

(1995 Code, § 5.68.090)

   Any operator who fails to remit any delinquent remittance on or before the last day of the second calendar month following the close of each calendar quarter shall pay a second delinquency penalty of 10% of the amount of the tax in addition to the amount of the tax and the 10% penalty first imposed.

(1995 Code, § 5.68.100)

   If the Tax Collector determines that the nonpayment of any remittance due under this chapter is due to fraud, a penalty of 25% of the amount of the tax shall be added thereto in additional to the penalties stated in §§ 5.68.090 and 5.68.100 of this chapter.

(1995 Code, § 5.68.110)

   In addition to the penalties imposed, any operator who fails to remit any tax imposed by this chapter shall pay interest at the rate of 0.5% per month or any fraction thereof on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid.

(1995 Code, § 5.68.120)

   Every penalty imposed and such interest as accrues under the provisions of §§ 5.68.090 through 5.68.120 of this chapter shall become a part of the tax herein required to be paid.

(1995 Code, § 5.68.130)

   If any operator shall fail or refuse to collect the tax and to make, within the time provide in this chapter, any report and remittance of the tax or any portion thereof required by this chapter, the Tax Collector shall proceed in such manner as he or she may deem best to obtain facts and information on which to base his or her estimate of the tax due. As soon as the Tax Collector secures such facts and information as he or she is able to obtain upon which to base the assessment of any operator who has failed or refused to collect the same and to make the report and remittance, he or she shall proceed to determine and assess against the operator the tax, interest and penalties provided for by this chapter. When the determination has been made, the Tax Collector shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to the operator so assessed at this last known address. The operator may, within ten days after the serving or mailing of the notice, make application in writing to the Tax Collector for a hearing on the amount assessed. If application by the operator for a hearing is not made within the ten-day period, the tax, interest and penalties determined by the Tax Collector shall become final and conclusive and immediately due and payable. If such application is made, the Tax Collector shall give not less than five-days’ written notice to the operator, in the manner prescribed above, to show cause at a time and place fixed in said notice why the amount specified therein should not be so fixed. After the hearing, the Tax Collector shall determine the proper tax to be remitted and shall thereafter give written notice to the operator in the manner prescribed above of the determination and the amount of the tax, interest and penalties. The amount determined to be due shall be payable 15 days after the serving or mailing of the notice unless an appeal is taken as provided in § 5.68.170 of this chapter.

(1995 Code, § 5.68.140)

   If the Tax Collector is not satisfied with a return filed by an operator or the amount of the tax required to be paid to the city pursuant to a return, he or she may compute and determine the amount required to be paid upon the basis of the facts contained in the return or upon the basis of any information within his or her possession or that may come into his or her possession. One or more deficiency determinations may be made of the amount due for any period. The Tax Collector shall give to the operator written notice of his or her determination in the same manner as provided in § 5.68.140 of this chapter. The operator shall be entitled to apply for a hearing on the amount assessed to him or her pursuant to the procedure set forth in § 5.68.140 of this chapter and shall thereafter be entitled to appeal to the City Council in accordance with the provisions of § 5.68.170 of this chapter. The penalties and interest provided by §§ 5.68.090 through 5.68.120 of this chapter shall be applicable to the amount of deficiency established pursuant to this section.

(1995 Code, § 5.68.150)

   Whenever the amount of any tax, penalty or interest has been paid more than once or has been erroneously or illegally collected or received by the Tax Collector under this chapter, it may be refunded provided a verified claim in writing therefor, stating the specific ground upon which the claim is founded, is filed with the Tax Collector within three years from the date of payment. The claim shall be made on forms provided by the Tax Collector. If the claim is approved by the Tax Collector, the excess amount collected or paid may be refunded or may be credited on any amount then due and payable from the person from whom it was collected or by whom paid and the balance my be refunded to such person, his or her administrators or executors.

(1995 Code, § 5.68.160)

   Any operator aggrieved by any decision of the Tax Collector may appeal to the City Council by filing a notice of appeal with the City Clerk within 15 days after the serving or mailing of the notice of the decision. The City Council shall fix a time and place for a hearing the appeal and the City Clerk shall give notice in writing to the operator at his or her last known address. The decision of the City Council shall be final and conclusive and shall be served upon the appellant in the manner prescribed above for service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of the notice.

(1995 Code, § 5.68.170)

   Every operator liable for the collection and payment to the city of any tax imposed by this chapter shall keep and preserve, for a period of three years, all records necessary to determine the amount of such tax as he or she may have been liable for the collection of and payment to the city. The Tax Collector shall have the right to inspect the records at all reasonable times.

(1995 Code, § 5.68.180)

   Any tax required to be paid by any transient under the provisions of this chapter shall be deemed a debt owed by the transient to the city. Any such tax collected by an operator which has not been paid to the city shall be deemed a debt owed by the operator to the city. Any person owing money to the city under the provisions of this chapter shall be liable to an action brought in the name of the city for the recovery of the amount.

(1995 Code, § 5.68.190)

   It shall be unlawful for any operator or other person required to do so to fail or refuse to register as required herein, or to furnish any return required to be made, or to furnish a supplemental return or other data required by the Tax Collector, or to render a false or fraudulent return or claim. It shall also be unlawful for any person required to make, render, sign or verify any report or return to make any false or fraudulent report or return with intent to defeat or evade the determination of any amount due required by this chapter to be made.

(1995 Code, § 5.68.200)

   This chapter shall be known as the “Real Property Transfer Tax Ordinance of the City of Tulare”. It is adopted pursuant to the authority contained in Cal. Revenue and Taxation Part 6.7 (commencing with § 11901) of Division 2.

(1995 Code, § 5.72.010)

   There is hereby imposed on each deed, instrument or writing by which any lands, tenements or other realty sold within the city shall be granted, assigned, transferred or otherwise conveyed to or vested in, the purchaser or purchasers, or any other person by his or her direction, when the consideration or value of the interest or property conveyed (exclusive of the value of any lien or encumbrances remaining thereon at the time of sale) exceeds $100, a tax at the rate of $0.275 for each $500 or fractional part thereof.

(1995 Code, § 5.72.020)

   Any tax imposed pursuant to § 5.72.020 hereof shall be paid by any person who makes, signs or issues any document or instrument subject to the tax or for whose use or benefit the same is made, signed or issued.

(1995 Code, § 5.72.030)

   Any tax imposed pursuant to this chapter shall not apply to any instrument in writing given to secure a debt.

(1995 Code, § 5.72.040)

   The United States or any agency or instrumentality thereof, any state or territory, or political subdivision thereof, or the District of Columbia shall not be liable for any tax imposed pursuant to this chapter with respect to any deed, instrument, or writing to which it is a party, but the tax may be collected by assessment from any other party liable therefor.

(1995 Code, § 5.72.050)

   Any tax imposed pursuant to this chapter shall not apply to the making, delivering or filing of conveyances to make effective any plan of reorganization or adjustment:

   (A)   Confirmed under the Federal Bankruptcy Act, as amended;

   (B)   Approved in an equity receiving proceeding in a court involving a railroad corporation, as defined in 11 U.S.C. § 101(33), as amended;

   (C)   Approved in an equity receivership proceeding in a court involving a corporation; or

   (D)   Whereby a mere change in identity, form or place of organizations effected. Divisions (A) to (D), inclusive, of this section shall only apply if the making, delivery or filing of instruments of transfer or conveyances occurs within five years from the date of such confirmation approval or change.

(1995 Code, § 5.72.060)

   Any tax imposed pursuant to this chapter shall not apply to the making or delivery of conveyances to make effective any order of the Securities and Exchange Commission, as defined in § 1083(a) of the Internal Revenue Code of 1954; but only if:

   (A)   The order of the Securities and Exchange Commission in obedience to which such conveyance is made recites that such conveyance is necessary or appropriate to effectuate the provisions of 15 U.S.C. § 79k, relating to the Public Utility Holding Company Act of 1935;

   (B)   The order specifies the property which is ordered to be conveyed; or

   (C)   The conveyance is made in obedience to the order.

(1995 Code, § 5.72.070)

   (A)   In the case of any realty held by a partnership, no levy shall be imposed pursuant to this chapter by reason of any transfer of an interest in a partnership or otherwise, if:

      (1)   The partnership (or another partnership) is considered a continuing partnership within the meaning of § 708 of the Internal Revenue Code of 1954; and

      (2)   The continuing partnership continues to hold the realty concerned.

   (B)   If there is a termination of any partnership within the meaning of § 708 of the Internal Revenue Code of 1954, for purposes of this chapter, the partnership shall be treated as having executed an instrument whereby there was conveyed, for fair market value (exclusive of the value of any lien or encumbrance remaining thereon), all realty held by the partnership at the time of the termination.

   (C)   Not more than one tax shall be imposed pursuant to this chapter by reason of a termination described in division (B) above, and any transfer pursuant thereto, with respect to the realty held by the partnership at the time of the termination.

(1995 Code, § 5.72.080)

   The County Recorder shall administer this chapter in conformity with the provisions of Cal. Revenue and Taxation Code Part 6.7 of Division 2 and the provisions of any county ordinance adopted pursuant thereto.

(1995 Code, § 5.72.090)

   Claims for refund of taxes imposed pursuant to this chapter shall be governed by the provisions of Cal. Revenue and Taxation Code Chapter 5 (commencing with § 5096) of Part 9 of Division 1.

(1995 Code, § 5.72.100)

   This chapter shall be known as the “Communication Users’ Tax Law” of the city.

(Ord. 07-05, passed 6-5-2007)

   The following words and phrases whenever used in this chapter shall be construed as defined in this section.

   ANCILLARY TELECOMMUNICATION SERVICES. Services that are associated with or incidental to the provision, use or enjoyment of telecommunications services, including but not limited to the following services:

      (1)   CONFERENCE BRIDGING SERVICE. An ancillary service that links two or more participants of an audio or video conference call and may include the provision of a telephone number. CONFERENCE BRIDGING SERVICE does not include the telecommunications services used to reach the conference bridge.

      (2)   DETAILED TELECOMMUNICATIONS BILLING SERVICE. An ancillary service of separately stating information pertaining to individual calls on a customer’s billing statement.

      (3)   DIRECTORY ASSISTANCE. An ancillary service of providing telephone number information, and/or address information.

      (4)   VERTICAL SERVICE. An ancillary service that is offered in connection with one or more telecommunications services, which offers advanced calling features that allow customers to identify callers and to manage multiple calls and call connections, including conference bridging services.

      (5)   VOICE MAIL SERVICE. An ancillary service that enables the customer to store, send or receive recorded messages. VOICE MAIL SERVICE does not include any vertical services that the customer may be required to have in order to utilize the voice mail service.

   ANCILLARY VIDEO SERVICES. Services that are associated with or incidental to the provision or delivery of video services, including but not limited to electronic program guide services, search functions, or other interactive services or communications that are associated with or incidental to the provision, use or enjoyment of video programming.

    BILLING ADDRESS. The mailing address of the service user where the service supplier submits invoices or bills for payment by the customer.

   CITY. The City of Tulare.

   COMMUNICATION SERVICES. Means: “telecommunication services,” “ancillary telecommunication services,” “video services” and “ancillary video services.”

   MOBILE TELECOMMUNICATIONS SERVICE. Has the same meaning and usage as set forth in the Mobile Telecommunications Sourcing Act (4 U.S.C. § 124) and the regulations thereunder.

   MONTH. A calendar month.

   MUNICIPAL ORGANIZATION. An organization or association created by statute or by voluntary action, whose purpose is to facilitate the development and dissemination of uniform rulings or interpretations regarding the application of utility users taxes to communication services in the State of California.

   PERSON. Without limitation, any natural individual, firm, trust, common law trust, estate, partnership of any kind, association, syndicate, club, joint stock company, joint venture, limited liability company, corporation (including foreign, domestic, and non-profit), municipal district or municipal corporation (other than the city) cooperative, receiver, trustee, guardian, or other representative appointed by order of any court.

   PLACE OF PRIMARY USE. The street address representative of where the customer’s use of the communications service primarily occurs, which must be the residential street address or the primary business street address of the customer.

   POST-PAID TELECOMMUNICATION SERVICE. The telecommunication service obtained by making a payment on a communication-by-communication basis either through the use of a credit card or payment mechanism such as a bank card, travel card, credit card, or debit card, or by charge made to a service number which is not associated with the origination or termination of the telecommunication service.

   PREPAID TELECOMMUNICATION SERVICE. The right to access telecommunication services, which must be paid for in advance and which enables the origination of communications using an access number or authorization code, whether manually or electronically dialed, and that is sold in predetermined units or dollars of which the number declines with use in a known amount.

   PRIVATE TELECOMMUNICATION SERVICE. A telecommunication service that entitles the customer to exclusive or priority use of a communications channel or group of channels between or among termination points, regardless of the manner in which such channel or channels are connected, and includes switching capacity, extension lines, stations, and any other associated services that are provided in connection with the use of such channel or channels. A communications channel is a physical or virtual path of communications over which signals are transmitted between or among customer channel termination points (i.e., the location where the customer either inputs or receives the communications).

   SERVICE ADDRESS. Either:

      (1)   The location of the service user’s communication equipment from which the communication originates or terminates, regardless of where the communication is billed or paid; or

      (2)   If the location in division (1) of this definition is unknown (e.g., mobile telecommunications service or VoIP service), the SERVICE ADDRESS means the location of the service user’s place of primary use.

      (3) For prepaid telecommunication service, SERVICE ADDRESS means the location associated with the service number.

   SERVICE SUPPLIER. Any entity or person, including the city, that provides communication service to a user of such service within the city.

   SERVICE USER. A person required to pay a tax imposed under the provisions of this chapter.

   STATE. The State of California.

   TAX ADMINISTRATOR. The Finance Director/Treasurer of the city or his or her designee.

   TELECOMMUNICATIONS SERVICES. The transmission, conveyance, or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points, whatever the technology used, and includes broadband services (e.g., digital subscriber line (DSL), fiber optic, coaxial cable, and wireless broadband, including Wi-Fi, WiMAX, and Wireless MESH) to the extent federal and/or state law permits taxation of such broadband services, now or in the future. The term TELECOMMUNICATIONS SERVICES includes such transmission, conveyance or routing in which computer processing applications are used to act on the form, code or protocol of the content for purposes of transmission, conveyance or routing without regard to whether such services are referred to as voice over internet protocol (VoIP) services or are classified by the Federal Communications Commission as enhanced or value added, and includes video and/or data services that is functionally integrated with TELECOMMUNICATION SERVICES.  TELECOMMUNICATIONS SERVICES include, but are not limited to the following services, regardless of the manner or basis on which such services are calculated or billed: ancillary telecommunication services; broadband service (to the extent federal and/or state law permits taxation of such service); mobile telecommunications service; prepaid telecommunication service; post-paid telecommunication service; private telecommunication service; paging service; 800 service (or any other toll-free numbers designated by the Federal Communications Commission); 911 service (or any other similar numbers designated by the Federal Communications Commission for services whereby subscribers who call in to pre-recorded or live service); and value-added non-voice data service.

   VALUE-ADDED NON-VOICE DATA SERVICE. A service that otherwise meets the definition of telecommunications services in which computer processing applications are used to act on the form, content, code, or protocol of the information or data primarily for a purpose other than transmission, conveyance or routing.

   VIDEO PROGRAMMING. Those programming services commonly provided to subscribers by a video service supplier including but not limited to basic services, premium services, audio services, video games, pay-per-view services, video on demand, origination programming, or any other similar services, regardless of the content of such video programming, or the technology used to deliver such services, and regardless of the manner or basis on which such services are calculated or billed.

   VIDEO SERVICES. Any and all services related to the providing or delivering of video programming (including origination programming and programming using Internet Protocol, e.g., IP-TV and IP-Video) using one or more channels by a video service supplier, regardless of the technology used to deliver or provide such services, and regardless of the manner or basis on which such services are calculated or billed, and includes data services, telecommunication services, or interactive communication services that are functionally integrated with VIDEO SERVICES.  

   VIDEO SERVICE SUPPLIER. Any person, company, or service which provides or sells one or more channels of video programming, or provides or sells the capability to receive one or more channels of video programming, including any communications that are ancillary, necessary or common to the provision, use or enjoyment of the video programming, to or from a business or residential address in the city, where some fee is paid, whether directly or included in dues or rental charges for that service, whether or not public rights-of-way are utilized in the delivery of the video programming or communications. A VIDEO SERVICE SUPPLIER includes, but is not limited to, multichannel video programming distributors (as defined in 47 U.S.C. § 522(13)); open video systems (OVS) suppliers; and suppliers of cable television; master antenna television; satellite master antenna television; multichannel multipoint distribution services (MMDS); video services using internet protocol (e.g., IP-TV and IP-Video, which provide, among other things, broadcasting and video on demand); direct broadcast satellite to the extent federal law permits taxation of its video services, now or in the future; and other suppliers of video programming or communications (including two-way communications), whatever the technology.

(Ord. 07-05, passed 6-5-2007)

   (A)   Nothing in this chapter shall be construed as imposing a tax upon any person or service when the imposition of such tax upon such person or service would be in violation of a federal or state statute, the Constitution of the United States or the constitution of the state.

   (B)   (1)   Any service user that is exempt from the tax imposed by this chapter pursuant to division (A) of this section shall file an application with the Tax Administrator for an exemption; provided, however, this requirement shall not apply to a service user that is a state or federal agency or subdivision with a commonly recognized name for such service. The application shall be made upon a form approved by the Tax Administrator and shall state those facts, declared under penalty of perjury, which qualify the applicant for an exemption, and shall include the names of all utility service suppliers serving that service user. If deemed exempt by the Tax Administrator, such service user shall give the Tax Administrator timely written notice of any change in utility service suppliers so that the Tax Administrator can properly notify the new utility service supplier of the service user’s tax exempt status. A service user that fails to comply with this section shall not be entitled to a refund of utility users’ taxes collected and remitted to the Tax Administrator from such service user as a result of such noncompliance.

      (2)   The decision of the Tax Administrator may be appealed pursuant to § 5.74.160 of this chapter. Filing an application with the Tax Administrator and appeal to the City Manager pursuant to § 5.74.160 of this chapter is a prerequisite to a suit thereon.

   (C)   The City Council may, by resolution, establish one or more classes of persons or one or more classes of utility service otherwise subject to payment of a tax imposed by this chapter and provide that such classes of persons or service shall be exempt, in whole or in part from such tax for a specified period of time.