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102 ORDINANCE NO. 102 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, AMENDING AND REPEALING CERTAIN PORTIONS OF THE GRAND TERRACE MUNICIPAL CODE, TITLE 2 DEALING WITH ADMINISTRATION AND PERSONNEL, TITLE 5 DEALING WITH BUSINESS TAXES, LICENSES AND REGULATIONS, TITLE 9 DEALING WITH PUBLIC PEACE, MORALS, AND WELFARE, AND TITLE 15 DEALING WITH BUILDING PERMITS WHEREAS, a review of the Grand Terrace Municipal Code revealed the need to amend or repeal certain portions thereof; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.36 General Plan is hereby repealed in its entirety. SECTION 2. Section 5.04.010 is hereby amended to read as follows: "Section 5.04.010 Purpose. The purpose of this chapter is to provide for the levying of a license tax on business in order to obtain revenues." SECTION 3. Section 5.04.030 is hereby amended to read as follows: "Section 5.04.030 Other license taxes or fees unaffected. Persons require to pay a license tax or fee under the provisions of this chapter are not relieved from payment of any tax or fees under any other city ordinance unless so specified therein. " SECTION 4. Section 5.04.110 is hereby amended to read as follows: "Section 5.04.110 Nontransferability--New locations, Name change. No license issued under this chapter is trans fera e. icensees may, upon application and paying a fee as set by fee schedule, have their licenses amended to conduct business at a new location or under a new name, as long as the owner of the business does not change. To do this the licensee must submit in writing to the collector the reason for the change and include the old license. " SECTION 5. Section 5.04.290 is hereby amended to read as follows: "Section 5.04.290 Flat-rate taxes. Every person transacting, conducting, managing, engaging in and carrying on the business and activities set forth hereafter in this section shall pay a license tax as set by the City: A. Auctioneers. The provisions of this section shall not apply to any person having an established permanent place of business for conducting a public auction, or to any fixed business which may auction any merchandise for purposes of winding up the affairs of the business or for the purpose of closing out of a special line of merchandise; B. Outdoor festivals; any music festival , dance festival or similar musical activity which is held at any place other than in a permanent building constructed for such purpose; C. Carnival . "Carnival " means any shows, entertainments, mechanical rides, amusements, performances or games of any kind, which as a result of the operation, things or representatives of value are given or paid; D. Circus. "Circus" means an exhibition or entertainment at which feats of horsemanship, acrobatics and trained or wild animals are exhibited or displayed, to which exhibition or entertainment an admission fee is charged; E. Contractors; F. Dancing, public dance without charge; G. Dancing, public dance for admission fee or charge; H. Delivery by vehicle; making deliveries of merchandise to business establishments in Grand Terrace, and not having a fixed place of business in the city; I. Handbill distributor not having a fixed place of business within the city and conducting the business of advertising by the distribution of handbills, circulars or other written or printed materials; J. Security service; night-watch service, security service, private policeman or detective agency; K. Peddler or solicitor; peddling or soliciting by use of telephone service or other communication, travel by foot or any type of conveyance from place to place, and carrying goods, wares or merchandise for sale and having no fixed place of business within the city; L. Shoeshine stand; M. Redemption store; redeeming any stamps, coupons, tickets, cards or other devices issued for or with the sale of goods, wares or merchandise which stamps, coupons, tickets, cards or other devices so issued entitle the purchaser receiving the same to procure from the person, firm, corporation any goods, wares or merchandise free of charge upon the production of one or any number of such stamps, coupons, tickets, cards or other devices; N. Swap meet. 1. "Swap meet" means any business which rents spaces to various dealers or individuals for selling or offering for sale, goods, wares and merchandise, and where an admission fee is charged to enter the area where the merchandise is being offered for sale. 2. Receipts for the space rental shall be written in triplicate on numbered receipts, and shall contain the name and addresses of the dealer or individual , and the make and license number of his automobile. One copy of the receipt shall be furnished to the dealer, one copy filed with the city, immediately after the sale, and one copy retained by the swap meet operator for a period of three years for audit purposes; 0. Transportation of passengers; auto livery, bus, taxi, ambulance or other vehicle, for the transportation of passengers for hire; P. No fixed place of business; not having a fixed place of business within the city who engages in business within Grand Terrace and not having been classified under any other section of this chapter; Q. Fixed place of business; having a fixed place of business within the city and not included under Section 5.04.260." SECTION 6. Section 5.04.340 Inspection of premises is hereby repealed in its entirety. - 2 - SECTION 7. Section 5.20.020 is hereby amended to read as follows: "Section 5.20.020 License required. It is unlawful for any person, corporation or association of persons to operate, conduct or carry on a public dance or a public dancehall without first obtaining a license so to do, as provided in this chapter." SECTION 8. Section 5.20.030 (A) is hereby amended to read as follows: "Section 5.20.030 Application--Denial grounds. A. Application for a license under this chapter shall e made to the city clerk in writing and shall state the name and address of the applicant and the place where the dance or dancehall is to be conducted. " SECTION 9. Section 5.20.040 (A) is hereby amended to read as follows: "Section 5.20.040 Issuance--Nontransferability--Posting. A. Upon approval of such license by the council , the city clerk shall issue a license to the applicant; such license shall set forth the name of the applicant and the place where the dance or dancehall is to be conducted. " SECTION 10. Section 5.24.010 is hereby amended to read as follows: "Section 5.24.010 License required. It is unlawful for any person, without first o taming from the city clerk a license to be designated as a "distress sale license, " to advertise or conduct any sale of goods at retail , which sale is represented by that person or any agent of his as: " (Subparagraphs A through F remain unchanged) SECTION 11. Section 5.24.110 is hereby amended to read as follows: "Section 5.24.110 Selling other than closed-out stock. It is unlawful to sel , offer or expose for sale at any such sale, or to list on such inventory, any goods, wares or merchandise which are not the regular stock of the store or other place, the business of which is to be closed out by such sale, or to make any replenishment or addition as to such stock for the purpose of such sale, except those items listed as provided in Section 5.24.030(D), or during the time thereof, or to fail, neglect or refuse to keep accurate records of the articles or things sold, from which records the license-issuing authority may ascertain the kind and quantity of goods sold, and it is unlawful to fail to make and keep all records of the distress sale available for inspection at any reasonable business hour by a representative of the city. " SECTION 12. Section 5.24.120 Enforcement is hereby repealed in its entirety. - 3 - SECTION 13. Section 5.28.080 is hereby amended to read as follows: "Section 5.28.080 Changes in management or supervisory personnel . Any change in personnel havingmanagement or supervision— of app licant s business shall be reported to the city clerk within ten days after such change. A violation of this provision shall be grounds for suspension or revocation of such license. " SECTION 14. Section 5.28.090 Entertainer permit is hereby repealed in its entirety. SECTION 15. Chapter 5.36 is hereby amended to read as follows: "Sections: 5.36.010 Definition. 5.36.020 Permit required. 5.36.030 Application for permit. 5.36.040 Investigation--requirements. 5.36.050 Business license required; permit expiration and renewal . 5.36.060 Religious exemptions. 5.36.070 Surety bond required. 5.36.080 Minors prohibited. 5.36.090 Revocation. 5.36.100 Inspection of premises; devices of trick or deceit. "Section 5.36.010 Definition. For the purpose of this chapter { 'fortunetelling means the practice of the art of astrology, palmistry, phrenology, life reading, fortunetelling, cartomancy, clairvoyance, clairaudience, crystal gazing, mediumship, spirit, augury, devination, necromancy, character reading, or fortunetelling by handwriting analysis or other similar business or art, whether predicted by manual or electronic device, and demand or receive directly or indirectly a fee, gift, donation, or reward for the exercise or exhibition. "Section 5.36.020 Permit required. No person shall conduct or carry on any fortunetelling business or activity without first having applied and received a permit to do so from the city council as herein provided, or after any such permit shall be revoked. "Section 5.36.030 Application for permit. Any person required by this chapter to have a permit shall submit a written application to the city clerk. A fee shall be charged to cover the costs incurred by the city for processing the application and is in addition to the business license tax. The application shall contain: A. Name and address of person proposing to operate said business. B. Method and means used to arrive at these fortunetelling predictions. C. Proposed location. D. Operating hours. At the time of such filing the applicant shall also furnish to the city clerk written statements of at least three bona fide residents, who have been residents in the city no less than three years, that the applicant is of good moral character. - 4 - "Section 5.36.040 Investigation--requirements. A. Upon the filing of the application require y this section toget er with the fee, the city clerk shall transmit one copy to the Chief of Police. The Chief of Police shall report to the city council in writing recommending the approval or denial of the permit and stating the reasons therefore. B. The city council shall not order the issuance of the permit unless all of the following requirements are met; 1. The applicant has submitted a correct and complete application form. 2. The applicant has paid all required fees and taxes. 3. The applicant has not been charged with or convicted of any felony or any crime involving theft, embezzlement or moral turpitude, or committed any act constituting dishonesty or fraud. 4. The time and place of proposed licensed activities is in accordance with the regulations set forth in this chapter. "Section 5.36.050 Business license required; permit expiration and renewal. A business license application---sE-all be made and a business license tax paid based on gross receipts in accordance with this code. All permits and licenses shall be issued on an annual basis and expire on December 31. A renewal permit may be issued upon application to the city clerk. Any application for renewal must be made before December 31. A person whose permit has expired shall be deemed a new applicant and shall have to requalify under provisions herein. No such renewal shall be issued without first having been submitted to the Chief of Police for his approval . Any objection to the renewal of the application shall be submitted in writing to the city council for a hearing. "Section 5.36.060 Religious exemptions. Churches or recognized religious organizations s a be exempt from permit and license regulations of this chapter provided that the generated revenue is for the exclusive benefit of the church, all revenue will be deposited directly to the church treasury, no single person will benefit from the generated revenue, and that the church has maintained headquarters or a place of worship in the city for at least one year preceeding the date on which the activity shall be initiated. Proof of religious exemption shall be furnished to the city clerk in the form of a determination letter from the United States Treasury (Internal Revenue Service) relating to federal taxes or a determination letter from the State of California Franchise Tax Board relating to franchise taxes. All churches or houses of worship shall comply with regulations of the Municipal Code of the City of Grand Terrace pertaining to conditional use permits. "Section 5.36.070 Surety bond required. Every applicant for a license as a fortuneteller, shall , efore the issuance of the permit to operate, file with the city a surety bond in the amount of $10,000 from a reputable surety company licensed to do business in the state, conditioned that such licensee shall not suffer or permit any fraud or imposition to be practiced upon the public and that he comply with all terms of this chapter. Said bond shall be maintained in the city clerk 's office and shall be renewed annually in accordance with the permit renewal date. Cancellation of said surety bond shall be constituted as a reason for revocation of the permit to operate. "Section 5.36.080 Minors prohibited. Any person conducting a business as a fortuneteller shall not provide to any minor child any fortunetelling services without said minor being accompanied by a parent or - 5 - legal guardian. A readable sign shall be posted at the main entrance identifying the establishment as a fortuneteller premises and no person under the age of 18 is permitted unless accompanied by a parent or guardian. "Section 5.36.090 Revocation. Any permit issued hereunder may be revoked by the city council at any time whenever it appears to the city council that the holder thereof has violated any provisions of this article or that the continued conducting of such business would be detrimental to the city or the inhabitants thereof. "Section 5.36.100 Inspection of premises; devices of trick or deceit. The premises for which the applicant is issued a permit to conduct the bu-siness of fortunetelling shall be subject to inspection by the Chief of Police for purposes of determination that no devices shall be present which might act to deceive or mislead customers of this service. Refusal to allow said inspection may be considered grounds for revocation of the permit." SECTION 16. Section 5.48.020 is hereby amended to read as follows: "Section 5.48.020 Licensed required. It is unlawful for any person to practice, engage in or carry on the business or activities of a massage technician or massage parlor within the city without having a license under this chapter to do so and complying with all regulations and requirements as contained and set forth in this chapter. It is unlawful for any owner, operator, responsible managing employee, manager or permittee in charge of or in control of a massage parlor to employ or permit a person to act as a massage technician, as defined in this chapter, who is not in possession of a valid unrevoked massage technician license issued by the city. " SECTION 17. Chapter 9.12 Political Signs is hereby repealed in its entirety. SECTION 18. Section 15.28.060 Capital improvement and maintenance fees - Paragraph E is hereby repea ed in its entirety. SECTION 19. Section 15.28.180 Capital improvement and maintenance fees - Paragraph E is hereby repea ed in its entirety. SECTION 20. Section 15.28.250 Capital improvement and maintenance fees - Paragraph E is hereby repealed in its entirety. SECTION 21. Effective Date. This Ordinance shall be in full force and effect at 12:01 a.m. on the sway after its adoption. SECTION 22. Posting - The City Clerk shall cause this Ordinance to be posted in three (3) puFl is places within fifteen (15) days of its adoption, as designated for such purpose by the City Council . SECTION 23. First read at a regular meeting of the City Council of said City held on the 27th day of March , 1986, and finally adopted and ordered posted at a regular meeting of said City Council on the 10thday of April , 1986. - 6 - ATTEST: i ty er of e City of rand Mayor-of e i ty f ra Terrace Terrace and the City Council and of th it Council th reof. thereof. I, ILENE DUGHMAN, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Ordinance was adopted adopted at a regular meeting of the City Council of the City of Grand Terrace held on the loth day of April 1986, by the following vote: AYES: Councilmembers Matteson, Petta, Pfennighausen, Evans; Mayor Grant NOES: None ABSENT: None ABSTAIN: None my Clerk Approved as to f rm: City Attorney - 7 -