HomeMy WebLinkAboutOrdinance 138 ORDINANCE NO. 138
AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO
AMENDING CHAPTER 5 OF TITLE 3 OF THE ATASCADERO
MUNICIPAL 'CODE AND REPEALING CHAPTER 21 OF THE SAN LUIS
OBISPO COUNTY CODE AND DELETING IT FROM TABLE 4 OF THE
ATASCADERO MUNICIPAL CODE, AND DELETING THE PRE-EXISTING
LANGUAGE IN SECTION 3-5.01 AND 3-5.02 OF THE
ATASCADERO MUNICIPAL CODE (BUSINESS LICENSE ORDINANCE)
The Council of the City of Atascadero does ordain as follows:
Section 1. Chapter 5 of Title 3 of the Atascadero Municipal
Code is amended to delete the existing Chapter 5, Title 3, and replac-
ing it to read as indicated in the attached Exhibit A, which is hereby
made a part of this ordinance by reference.
Section 2. Severability.
If any section, subsection, sentence, clause or phrase of this
ordinance is, for any reason, held to be invalid or unconstitutional
by the decision of a court of competent jurisdiction, such decision
shall not effect the validity of remaining portions of this chapter.
Section 3. Publication.
The City Clerk shall cause this ordinance to be published once
within fifteen (15) days after its passage in the Atascadero News, a
newspaper of general circulation, printed, published, and circulated
in the City in accordance with Section 36933 of the Government Code
shall certify the adopting and posting of this ordinance and shall
cause this ordinance and this certification together with proof of
posting to be entered into the Book of Ordinances of this City.
Section 4. Effective Date.
This Ordinance shall go into effect and be in full force and ef-
fect at 12:01- a.m. on September 10 , 1986.
The foregoing ordinance was introduced on July 28, 1986 and adop-
ted at a regular meeting of the City Council held on August ll, 1986.
On motionbyCouncilmember Handshy , and seconded by Coun
cilmember Norris , the foregoing ordinance is hereby adopted
in its entirety by the following roll call vote:
AYES: Council Members Handshy, Norris, :Borgeson, and Mayor: Mackey
NOES: None
ABSENT: Council Member Molina
DATE ADOPTED: 8/11/86
CITY OF ATSACADERO, CALIFORNIA
By: - y-)-71
MA10bRIE4 MACKEY, Mayor
ATTEST:
BOYD C. SHAR , City k
APPROV D S 0 CONTENT:
MICHAEL SHELTON, Uity Manager
APPRQ,V4D AS TO FORM:
X0/17/vA,
RO ER NES, City Attorney
PREPARED BY:
HENRY ENG N°, Co m nity Development Director
EXHIBIT "A"
BUSINESS LICENSE ORDINANCE
Chapter '3.5. 01
GENERAL 'PROVISIONS
Sections :
3-5 . 01 . 01 - Deputies
3-5 . 01 . 02 - Misdemeanor to engage in designated activity without
a license
3-5 .01. 03 - Separate activities
3-5. 01 .04 - Activity confined to location specified
3-5 . 01 . 05 - Fictitious names
3-5. 01. 06 - False Statements
3-5 . 01. 07 Issuing Agencies
3-5 . 01 . 08 - Violation Penalty
3-5. 01 .09 True names on reports
3-5. 01 . 10 Zoning clearance
3-5. 01 . 11 - Purpose
3-5 .01 . 01 - Deputies : Whenever, by the provisions of this title ,
a power is granted to .a public officer or a duty imposed upon such
officer, the power may, be exercised or duty performed by a deputy of
the officer or by a person authorized pursuant to law by the officer,
unless it is expressly otherwise provided.
3-5 . 01. 02 - Misdemeanor to engage in designated activity without
a license: Every person who engages in, conducts , manages , or carries
on any business , exhibition, occupation, or other activity for which
a license is required by this title without first having procured a
license to do so and having paid the_'fee, if any, for such license, as
provided for in this title is guilty, of a misdemeanor. Each day that
such activity continues without a license shall constitute a separate
offense.
3-5 . 01 .03 - Separate activities : A separate license shall be re-
quire or ea-c i.
c assi icaton o usiness as defined by Resolution of
this City, when engaged in, conducted, managed, or carried on by a per-
son at the same time that another classification of business is so
engaged in or carried on by that person at the same location.
3-5. 01 . 04 - Activity confined to location specified: When a
license specifie''s the location of the activityicensec�. , the licensee
may conduct such activity only at the location specified in the license.
3-5 . 01 . 05 —Fictitious names : A license may be issued pursuant
to this title to a corporation duly authorized to transact business
in this state, or to a person operating under a fictitious name who
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has complied with all of ,the provisions of Section 17900 .et seq . of
the Business. and Professions Code. Otherwise,; all- su.ch, l ceases shall
be issued in the true name of the individu.al' or individuals applying
therefore.
Except as provided above, no business so licensed may operate
under any false or fictitious name.
A license issued to a corporation shall designate such ,corporation
by the exact name which appears in the Articles of Incorporation of
such corporation.
3-5 . 01 .06 - False statements : Every person who makes any false
statement in trie application for a permit or license under this title,
or in any report required by this title, shall be guilty of a mis-
demeanor, in addition to which the business license shall be immedi-
ately suspended.
3-5 . 01 .'07 - 18suing-IssuingA encies : All new business licenses shall
be processed andissued un ess otherwise indicated in this title, by
the Community Development Department of the City of Atascadero, and
all references in this title to the. City Licensing Authority or Is-
suing Agency shall be to it. Annual business license renewals shall
be processed by the Finance Department.
3-5 .01 . 08 —Violation - Penalty: Any person violating any of the
provisions of this title or of any regulation imposed pursuant thereto
shall be guilty of a misdemeanor punishable by such fine or imprison-
ment imposed by the California Penal Code and the Atascadero Municipal
Code. Each person is guilty o£ .a separate of_fen.se. for every day during
any portion of which a violation of any of the provisions of this title
or of any regulation is committed, continued or permitted by such person,
and it shall be punishable therefore as provided by this title.
3-5 .01 . 09 - True names on reports : Every person making out any
report or record required by the terms of this title or any copy
thereof shall sign his true name and give the true name and correct
address of the licensee.
3-5.`01. 10 - _Zoning clearance: The Issuing Agency shall not issue
any license to carry on any business at a specific location in this
City where such business is inconsistent with the Zoning .Ordinance of
this City. The Issuing Agency shall review all applications to verify
compliance with this title as well as the provisions of title Nine of
this code
3-5. 01. 11 Purpose: The provisions of this title shall be the
minimum requirements for the protection of the public convenience,
safety, health and general welfare.
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Chapter 3-5 . 02
DEFINITIONS
Sections :
3-5 . 02. 01 - Definitions generally
3-5 . 02. 02 - Activity
3-5. 02. 03 - Business
3-5 . 02 . 04- Business License Administrator
3-5. 02. 05 - Convasser or Solicitor
3-5 . 02. 06 - City
3-5 . 02. 07 - Council
3-5. 02. 08 - Distributor
3-5 . 02. 09 Fixed Place of Business
3-5. 02. 10 - Health Officer
3-5 . 02.11 ' - Location Owner
3-5. 02 . 12 - Mechanical or Electronic Amusement Devices
3-5. 02 .13 Mobile Vending Unit
3-5. 02 . 14 - Operator
3-5 . 02 . 15 - Person or Party
3-5. 02. 16 - Public Arcade Room
3-5 . 02 .17 - Itinerant Merchants and Itinerant Vendors
3-5 . 02 . 18 - Vending Machines
3-5 . 02 .19 - Zoning Ordinance
3-5. 02 . 20 - Additional Definitions.
3-5. 02. 01 - Definitions aenerall . As used in this title the words
and terms in this chapter shil have the meanings ascribed to them,
unless from the context a different meaning is clearly apparent.
3-5. 02. 02 - Activity. "Activity" includes a business , exhibition,
or occupation and also every other activity for which this title requires
a license, whether such activity is a business or occupation or neither.
3-5 . 02 . 03 - Business. "Business" shall mean and include professions ,
trades , vocations , enterprises , establishments , and occupations , and all
and every kind of calling, and any of which is conducted to carry out for
the purpose of earning in whole, or in part, a profit or livelihood,
whether or not a profit or livelihood is actually earned thereby, whether
paid in money, goods , labor , or otherwise, and whether or not the business
has a fixed place of business in the City.
3-5. 02 . 04 - Business License Administrator. . "Business License
Administrator means the manager of the City of Atascadero
3-5 . 02. 05 - Canvasser or Solicitor. "Canvasser or solicitor" means
any person, whether a resident of the City or not , traveling either by
foot, wagon, automobile , motor truck, or any other type of conveyance
from place to place, from house to house, or from street to street , taking
or attempting to take orders for the sale of goods , wares , and merchancise ,
personal property of any nature whatsoever for future delivery, or for
services to be furnished or performed in the future, whether or not such
individual has , carries , or exposes for sale a sample of the subject of
such sale or whether he is collecting advance payments on such sales or
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not; provided that the definition includes any person who for himself
or for another person, firm or corporation hires , leases , uses or
occupies any building, structure, tent , railroad boxcar, boat, hotel room,
lodging house, apartment, shop , or any other place within the City for
the sole purpose of exhibiting samples and taking orders for future delivery.
A canvasser or solicitor, as defined by this section, shall also include
any individual traveling, as aforesaid, from place to place, or from
house to house for the purpose of rendering services or selling goods at
private residences . A canvasser or solicitor includes any individual who
initiates contact in any manner to attend, for the, purpose of presenting
his merchandise, product, or services in the home. For license ;fees
for canvasser or solicitors , see appropriate section.
3-5 . 02 . 06 - Cid. "City" for the purposes of this title shall mean
the City of Atascader0.
3-5 . 02. 07 —Council. "Council" means the City Council of the City of
Atasca ero.
3-5 . 02. 08 – Distributor. "Distributor" means a wholesaler or jobber
of goods , wares , mere an i.se, or food products .
3-5 . 02.09 - Fixed Place of Business. "Fixed place of business" means a
place of business separate and Uistinct from any other business regularly
kept open by the owner thereof or by his agents or employees at a fixed
location.
3-5. 02. 10 - Health Officer. "Health Officer" means the health officer
of the County or his duly authorized representative.
3-5 . 02. 11 - Location Owner. "Location owner" means every person not
engaged in the business of selring, renting, . or placing on consignment , or
on commission basis , mechanical amusement devices, but who owns, uses , and
operates not more than two such mechanical amusement devices . For license
fees, see appropriate section.
3-5. 02. 12 —Mechanical or Electronic Amusement Device "Mechanical or
electronic amusementdevice" means any table, board, mac ine, device, or
apparatus fitted for use by the public, the operation of which is permitted,
controlled, allowed or made possible by the deposit or insertion of any coin,
plate, disc, slug, or key into any slot , crevice, or opening or by the
payment of any fee or fees , and which operates or whic may be operated for
use as a game, contest, or amusement , but which table, board, machine,
device, or apparatus does not contain a pay-off device, and which does not
return or vend any article or merchandise or any money, coin, check or
token. "Mechanical or electronic amusement device" shall not include
phonographs or music machines .
3-5 . 02 .13 - Mobile Vending Unit "Mobile vending unit'" means any
vehicle which operates from site to site with primary emphasis on transit
while dispending a product or rendering a service on stop-on-demand basis
only and whose use is incidental to the land use and underlying zone. The
vending unit shall be dispatched from a site which is in conformance with
the City's Zoning Ordinance
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3-5. 02. 14 - Operator. "Operator" means any person engaged in the
business of selling, renting, or placing on consignment , or on commission
basis , mechanical or electronic amusement devices in various locations
within the City, and every person who owns , uses , and operates more than
two mechanical or electronic amusement devices .
3-5 . -02. 15 - Person or Party. "Person" or "party" means and includes
persons as dined in Title 9 ot this Code.
3-5 . -02.16 - Public Arcade Room. "Public arcade room" means and
includes arcades as defined in Title 9 of this Code.
3-5 . 02 . 17 - Itinerant Merchants , and Itinerant Vendors . "Itinerant
merchants" , an "Itinerant vendors" means any person whether as owner,
agent, cosignee, or employee, whether a resident of the City or not , who
engages in a business of selling and delivering goods , wares , and
merchandise within the City; who , in furtherance of such purposes, hires ,
leases , uses or occupies any building, structure, motor vehicle, tent ,
railroad boxcar, or boat , public room in motels, lodginghouses , apartments ,
shops , or any street, alley, or other place within the City for the
exhibition and sale of such goods , wares , and merchandise.
3-5 . 02 . 18 - Vending Machine. "Vending machine" means a mechanical
or electronic apparatus so operated as to sell or deliver merchandise only
the equivalent in marketing value to the face value of the coin or coins
deposited.
3.5 . 02. 19 - Zoning Ordinance. "Zoning Ordinance" means Title 9 of
this Code.
3-5 . 02 . 20 - Additional Definitions . Further references to words or
phrases or definitions as used in this title shall be made to Title 9
of this Code.
Chapter 3-5 .03
LICENSING PROCEDURES
Sections :
3-5. 03 . 01 —Form of Application
3-5 . 03 . 02 - Exemptions
3-5 . 03. 03 - Exemptions from Payment of License Fee
3-5 . 03 . 04 - Issuance Period
3-5 . 03 . 05 - Posting or Display .
3-5 . 03 . 06 - Producing on Demand
3-5 . 03 . 07 - Denial of License or Granting Subject to Restrictions
3-5 . 03. 08 - Grounds for Denial of License
3-5 . 03 . 09 - Renewal of License
3-5 . 03. 10 - Revocation of License
3-5 . 03 . 11 - Appeal
3-5. 03.12 - Keeping Insurance, Undertaking, etc. in Force and Effect
3-5 . 03. 13 - Duplicate Licenses
3-5 . 03 . 14 - Transfer of License
3.5 . 03 . 15 —Prerequisite to Issuance of Certain Licenses
3-5 . 03. 16 - Approval by Agency
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3-5 . 03. 01 - Form of Application. Every application for a license
require ' y this title shall be signed by the applicant and shall contain
the following:
(1) The name and mailing address of the applicant . If the applicant
is a corporation, the name shall be exactly as set forth in its
articles of incorporation. If the applicant is a partnership, the name
and address of each general partner shall be stated. If one or more of
the partners is a corporation, the provisions of this section as to a
corporate applicant apply. The names of all other persons having an
interest in the enterprise;
(2) If the applicant is a corporation, the name and mailing address
of an officer who is duly authorized to accept the service of legal
process ;
(3) The applicant 's social security number if an individual or
partnership , or the corporate number of the applicant is a corporation;
(4) The driver ' s license number if the applicant is an individual;
(5) The telephone number of the applicant;
(6) The name under which the applicant will be doing business ;
(7) The nature of the business ;
(8) The exact location of the business or the route or territory
to be covered if no fixed place of business exists ;
(9) The residence of the applicant , or if a corporation, the
principal place of business ;
(10) The name and address of the owner of the premises ;
(11) The name and address of the lessee of the premises ;
(12) The term for which such license is applied;
(13) The amount of the license fee.
3-5 . 03 . 02 - Exemptions . No license shall be required hereunder by
the Bowing
(1) Any juvenile operating a delivery route for newspapers or any
juvenile under the age of eighteen (18) years who has a valid work
permit issued by authorized school authorities ;
(2) Persons engaged in a business for the sole use and benefit of
charities , religious or educational societies which are exempt from
taxation under the constitution and laws of the State;
(3) Such activities as are preempted under State statutes .
3-5 . 03. 03 - Exemption from Payment of License Fees . No license
fee shall be payable hereunder by the following:
(1) Persons categorically exempt from license charges under Section
16000 et seq. of the Business and Professions Code of the State of
California;
(2) All public utilities as defined by Section 216 of the Public
Utilities Code of the State of California possessing an active (unexpired)
franchise with the City of Atascadero;
(3) Passenger stage corporations as defined in Section 226 of the
Public Utilities Code of the State of California;
(4) Such other and further activities as shall be specifically
exempted by resolution of the City Council of the City of Atascadero.
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3-5 . 03. 04 - Issuance Period. Unless otherwise specifically provided,
all license periods are as o ows :
A. The period of all semiannual licenses shall begin on the first
days of January and July. No license shall be granted or issued for a
period longer than one (1) year from the date of issuance. Other fractional
periods will be considered on an individual basis at the convenience
of the City. Any annual license shall date from the beginning of the
semi-annual period in which the same was issued.
B. Exceptions to this general rule are as follows :
1 . Health-related businesses for which a Health permit is
required shall be issued on a calendar year basis .
2. Licenses for solicitors and canvassers shall expire on the
thirty-first day of December in the year when issued.
3-5 . 03 .05 - Postina or Display. Every person, firm, association, or
corporation having a license under the provisions of this title and
carrying on a business , exhibition, or occupation or activity at a fixed-
place
ixedplace of business shall keep such license posted and exhibited, while in
force, in some conspicuous part of the place of ,business . Every person
having such a license and not having a fixed place of business shall carry
an identification card or badge issued by the Issuing Agency on him at all.
times while carrying on the business , exhibition., occupation, activity for
which the same was granted. Whenever a license sticker is required,
such sticker shall be affixed to the vehicle, device, machine , etc. , so
as to be clearly visable.
3-5 . 03 . 06 - Producing on Demand. Every person, firm, association, or
corporation having a license un er the provisions of this title shall
produce and exhibit the same whenever requested to do so by any peace
officer or officer authorized to issue and inspect licenses or collect
the fees therefore. In addition, all solicitors and canvassers including
their agents or employees are required to exhibit their licenses or
permits as the case maybe, at the request of any person.
3-5 . 03 . 07 - Denial of License or Granting Subject to Restrictions .
Before t e denial of any license, elt er new or. renewal , or granting any
license subject to restrictions or conditions , unless a hearing already
has been held, the applicant shall be notified in writing of the intent
to deny the license or to grant the license subject to restrictions or
conditions , which restrictions or conditions shall be specified in the
notice, and the applicant may request a hearing before the City Council
within FIFTEEN (15) days after receipt of such notice
3-5 . 03. 08 - Grounds for Denial of License. A license may be denied
if the applicant has knowingly made a false statement of a material matter
either in his application or in his testimony before the City Council or
other body hearing such testimony concerning the application for or denial
of a license. In addition, a license shall be denied if it does not
meet the minimum requirements set forth in Title 9 of this Code.
3-5 . 03 . 09 - Renewal of License. Except as otherwise provided in this
Chapter, every licensee who has o tained-a license pursuant to the
provisions of this title may obtain from. the Issuing Agency a renewal of
such license. The Council , Business License Administrator, Health Depart-
ment, Police Department, or the Community Development Department may file
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a written notice of the denial of renewal of such license. If a Health
Department permit is required for the enterprise, said permit must be
completed and submitted prior to or at the time of license renewal.
Renewal of a license for a solicitor shall not be issued until the Police
Department approves said renewal.
3-5 . 03 . 10 - Revocation of License.
A. All licenses issued under this title shall be issued to and
accepted by all parties receiving the same with the expressed understanding
that the City Council of the City of Atascadero may revoke the same
at any time if satisfied that any of the restrictions of said license or the
terms and conditions thereof have been violated, or that such license
was obtained by intentional misrepresentations , or that the holder of
such license has used the license in the commission of a criminal act
or a violation of this title; provided, however, that no license shall be
revoked without first having given the licensee an opportunity to appear
before and be heard by the City Council on his own behalf. Pending such
hearing and decision, the Council or the Business License Administrator
may suspend such license for not more than SIXTY (60) days based upon
written complaint submitted to the Business License Administrator by the
Council or any member thereof.
B. Written notice of such hearing shall be given by the Council to
such party at least FIFTEEN (15) days prior to the date of such hearing.
The time and place of such hearing shall be fixed by Council order and
specified in such citation.
C . The Council shall hold a hearing as provided as follows :
1 . The City Council shall hear sworn testimony and shall
consider other evidence concerning the conditions constituting cause
to revoke the business license.
2 . Respondents to revocation actions may be present at such
hearing, may be represented by Counsel, may present testimony, and may
cross-examine witnesses .
3 . The hearing need not be conducted according to technical
rules relating to evidence and witnesses and may be continued from time
to time
4. The City Council shall deliverate upon the evidence and
make findings upon such evidence to support any action of the Council
to revoke the business license or conditioned approval on such conditions
as the City Council shall decide. Thereafter, the City Council shall
issue its order to the Respondent.
5 . A copy of the order shall be served personally or by mail ,
postage pre-paid, certified, return receipt requested, to the licensee
as set forth in the application for business license.
D. 'Upon the revocation of a license as provided in this section,
no part of the license fee paid therefore shall be returned; but such
license fee shall be forfeited to the City.
E. Whenever a license is revoked, the licensee shall return to
the Issuing Agency any license, license stickers , or similar evidence of
a license which has been revoked.
F. No other or further license shall be issued to the person(s ) or
party(ies) whose license has been so revoked within SIX (6) months from the
date of such revocation.
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3-5. 03 . 111 - AZPe 1. Any person aggrieved by the action of the
BusinesLicense A Administrator in the denial of a permit or license,
either new or. renewal, shall have the right of appeal to the City
Council. Such appeal shall be taken by filing with the Clerk of the
City, within FIFTEEN (15) days after notice of denial of a permit or
license , a written statement setting forth fully the grounds for the
appeal. The Clerk of the City shall set a time and place for a hearing
on such appeal and notice of such hearing shall be given to the appellant
in the same manner as provided in this title for notice of hearing on
revocation. The decision and order of the City Council on such appeal
shall be final and conclusive. The hearing shall be held pursuant to
Section 3-5 . 03.10.
3-5 . 03 .12 Keeling Insurance, Undertaking, etc. , in Force and
Effect. enever this title requires the applicant tor any license to
procure, post , or maintain in effect any bond, undertaking , deposit,
surety, or policy of insurance, any license so issued is valid only
when such bond, undertaking, deposit , surety, or policy of insurance
is in full force and effect. Such license shall be automatically
suspended without notice if at any time such bond, undertaking, deposit ,
surety, or policy of insurance is not in full force and effect. If a
new bond, undertaking, deposit , surety, or policy of insurance acceptable
to the Council is filed before cancellation or expiration of the
old policy, etc. , becomes effective, then the license will continue in
force.
3-5 . 03 . 13 - Duplicate Licenses. A duplicate license may be issued
by the Issuing Agency to replace any license previously issued under
this title which has been lost or destroyed, upon the licensee filing
an affidavit with the Issuing Agency attesting to such fact and paying the
sum requested for the cost thereof.
3-5. 03. 14 - Transfer of License.
A. The licensee, upon payment of a fee, may transfer his license
to do business to another site upon application to the Issuing Agency
if the conditions of the license are in conformance with all provisions
of the Atascadero Municipal Code.
B. No license issued pursuant to this title may be transferred
from one person to another person.
C. If a license is issued to a partnership and the partnership is
changed by the addition or deletion of partners , the license may be
transferred to the new partnership if the new partnership makes application
for such transfer in the same manner as for the new license and pays to
the Issuing Agency the required transfer fee.
3-5. 03 . 15 Prerequisite to Issuance of Certain Licenses .
A. The application for a business license shall be forwarded to the
Atascadero Police Department for review and recommendations in certain
instances prior to the issuance of the business license. For those
specific types of businesses set forth in this section, the time provisions
specified in Section 3-5 .03 .16 shall commence when the application is
returned from the Police Department to the Issuing Agency.
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(1) Carnival, circus , menagerie or any exhibit or display
for which payment of an admission fee or donation is expected
or required for entry or for viewing.
(2) Pawn Brokers , trading centers , bartering agents , or any
money lending not requiring a state or federal charter or
certificate.
(3) Mobile ice cream, soft drink or food vendors .
(4) Junk or salvage dealer, automobile or vehicle dismantlers ,
reclamation centers , vehicle or personal property repossessors
or storage center operators , tow-truck or vehicle wrecker owners
or operators .
(5) Amusement centers , arcade or playland, billiard room or
pool hall .
(6) Private patrol service , security guards , and private in-
vestigators .
(7) Fire, burglar, intrusion or other alarm service.
(8) Locksmiths .
(9) Photographers , modeling agencies .
(10) Card rooms or bingo halls .
(11) Massage parlor, massagers , masseur or masseuse.
(12) Hazardous waste transporters or disposal agents .
(13) Canvassers or solicitors .
(14) Sale of firearms .
(15) Adult Bookstores/Movie Theaters .
(16) Headshop.
(17) Fortune Telling.
(18) Taxicabs .
B. The application to carry on any business in the City shall be
submitted to the Issuing Agency for its approval before a license may be
issued. No license shall be issued to carry on any business if such would
be in violation of this Code.
C. Every person, firm, association, or corporation engaged in the
business of conducting any establishment handling food or food products
must have a permit from the Health Department of the County of San Luis
Obispo. The license application must be approved by the Health Depart-
ment before the license may be processed and issued by the City of
Atascadero.
D. Those businesses described and set forth in the business
classifications of paragraph A of this Section requiring police review
as a prerequisite for the issuance of a business license shall waive
the time limit specified in Sections A and B of Section 3-5 . 03. 16
until the application has been returned to the Issuing Agency by the
Police Department.
E. Every person or firm, or corporation, or entity engaged in the
business of conducting any type of, waste disposal or collection shall
have a permit for such activity from the Health Department prior to
making application to the City of Atascadero for a-business license.
F. An application for a license to operate a card game or card
table must be reviewed by the Atascadero Police Chief. The application,
together with the findings and recommendations of the Police Chief shall
then be presented to the. City Council for review and approval. No such
license as is referred to in this Section shall be issued except upon
the order of the City Council. The Council may limit the number of
such licenses issued which in its judgement shall be for the best
interest of the public peace, safety and welfare.
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3-5. 03. 16 - Ap2roval by Agency.
A. Approval of the business license shall be made within FIFTEEN
(15) business days of the date of submission to the Issuing Agency except
for those categories of business as set out in Section 3-5 .,,,0,1 . 15 . If
specific approval is not granted, approval by said agency isl deemed im-
plied, and the applicant may obtain issuance for said license from the
Business License Administrator. I
B. An extension of time within which to approve the a0plication,
not to exceed THIRTY (30) calendar days , may be granted by phe Business
License Administrator to the Issuing Agency.
Chapter 3-5 . 04 Ve
LICENSE FEES rA
Sections : tom"`
3-5 . 04 .01 = Rates Fixed and Established,
3-5 .04 . 02 - Payable in Advance
3-5.04.03 - Penalties for Late Payment
3-5 .04 .04 - Changes in Rates
3-5. 04 .01 - Rates Fixed and Established. The license fees for the
business , exhibitions , occupations , an activities referred to and named
in this title shall be fixed and established from time to time by Resolu-
tion of the City Council of Atascadero.
3-5. 04 .02 - Payable in Advance. All license fees provided for in
this title s a1 be due and paya e in advance at the office of the City
Finance Department for renewals and the office of the Issuing Agency for
new licenses .
3-5 . 04 . 03 -- Penalties for Late Payment. All license fees as required
by this title are due and payable upon the first business day after the
date of expiration. Any licensee is permitted a THIRTY (30) day grace
period thereafter to submit said payment . Subsequent to the grace
period, a penalty of FIFTY PERCENT (50%) of the license fee shall be
added for renewal. If the entire license fee, with the addition of
penalties , is not submitted within SIXTY (60) days after the expiration
of the grace period, the Business License Administrator shall automatically
suspend the license. If the licensee desires to continue business , he
must complete a new business license application subject to the review of
the appropriate City Departments and pay the license fee and penalty.
3-5 . 04 . 04 - Changes in Rates . The rates of license fees established
in this title and pursuant to resolution may be changed from time to
time by the City Council.
Chapter 3-5 . 05
ACTIONS TO COLLECT FEES
Sections :
3-5. 05 .01 - Civil Action Designated
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3-5 . 05. 01 - Civil Action Designated. If any person, firm,
association, or corporation commences , conducts , or carries on any
business, exhibition, occupation, or activity mentioned in this title
without first paying a license fee and obtaining the license as pro-
vided for in this title for conducting or carrying on the business ,
exhibition, occupation or activity, an action may be commenced and
prosecuted by the City against such person, firm, association, or
corporation for the collection of the license fee , in addition to
such other remedy that the City may have against any such person,
firm, association, or corporation.
Chapter 3-5 .06
TRANSIENT MERCHANTS - SOLICITORS AND CANVASSERS
Sections:
3-5. 06 . 01 - Permit and License Required
3-5. 06 . 02 - Application
3-5 .06 . 03 - Fee Payment
3-5 . 06 .04 - Prima Facie Evidence of Permanent Residence or Place
of Business
3-5 . 06 . 05 - Investigation
3-5 . 06 . 06 Disapproval of Application
3-5 . 06 .07 - Application Approval
3-5.06 . 08 - Bond
3-5. 06. 09 - Badges
3-5 .06. 10 - Expiration of License
3-5.06 . 01 - Permit and License Required. It is unlawful for any
transient merchant, itinerant merchant , itinerant vendor, solicitor
or canvasser as defined in this title to engage in such business within
the City without first obtaining a permit and license therefore in
compliance with the provisions of this title. It is unlawful for any
agent or employee of a solicitor or canvasser to engage in such business
within the City without first obtaining a badge therefore in compliance
with the provisions of this title.
3-5 . 06.02 - ApZlication. Applicants for a license under this
Chapter must file with t e Business License Administrator a sworn
application in writing (and duplicate) on a form to be furnished by
the Business License Adminstrator, which application shall give
the following information:
A. Name and description of the applicant;
B. Permanent home address and full local address of the applicant;
C. A brief description of the nature of the business and the ,
goods to be sold;
D. If employed, the name and address of the employer, together
with credentials establishing the exact relationship;
E. The length of time for which the right to .do business is
desired;
F. The place where the goods or property proposed to be sold,
or orders taken for the sale thereof, are manufactured or produced, where
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such goods or products are, located at the time said application is filed,
and the proposed method of delivery;
G. Three photographs of the applicant , procured by the applicant
at his own expense and taken within SIXTY (60) days immediately prior
to the date of filing of the application, which pictures shall show the
head and shoulders of the applicant in a clear and distinguishing manner;
H. The fingerprints of the applicant and the names of at least
two (2) reliable property owners of the City who will certify as to the
applicant' s. good character and business respectability or, in lieu of the
names of references, such other available evidence as to the good char-
acter and business responsibility of the applicant as will enable an
investigator to properly evaluate such character and business
responsibility..
I. A statement as to whether or not the applicant has been con-
victed of any crime, misdemeanor, or a violation of any ordinance of
the City of Atascadero, the nature of the offense and the punishment or
penalty assessed therefore;
J. The description and license number of any motor vehicle to be
used by the applicant.
3-5 . 06 .'03 '- Fee Payment. At the time of filing the application,
the in-Ulrvidual shall pay such fees for the cost of investigation and
licensing as shall be established from time to time by resolution of
the. Council of the City of Atascadero.
3-5 . 06 .04 --; ,Prima Facie Evidence of 'Permanent Residence or Place
or Business . For the, purpose ot this C apter, the maintenance by any
person., - rm organization, or corporation of a home or fixed place of
business within the boudaries of the City for a period in excess of
NINETY ' (90) days shall be prima facie evidence of a permanent residence
or fixed permanent place of business in the City.
3-5 :06.'05Investi ation:. The City Police shall have the right
to con uct such investigations as may be necessary into the applicant' s
business and moral character and previous criminal record, if necessary,
and the applicant expressly waives. the time limit set forth in Section
3-5. 03. 16 for this investigation..
3-5.'06 :06 '- Disa ` roval of Application.
A. Ir, as a result of the investigation, the applicant' s
character or business responsibility is found to be unsatisfactory,
the police shall endorse on the application their disapproval and
reasons for the same, and return the duplicate application to the
Business License Adminstrator, who shall notify the applicant that
his application is disapproved.
B. Any person whose application has been disapproved shall have
the right to appeal to the City Council as provided in this title.
3=5. 06 .07 - Application Aroval. If, as a result of such
investigation, t e character and business responsibility of the applicant
are found to be satisfactory, the Police shall so endorse the application
for the carrying on of the business applied for and return the
application to the Business License Adminstrator, who shall issue to
the applicant his badge, permit or license. The license shall contain
-13-
the signature and seal of the issuing officer and shall show the name ,
address , and photograph of the applicant, the class of license or permit
issued and the kind of goods to be sold thereunder, the amount of fee
paid, the date of issuance and the length of time' the same shall be
operative, as well as the license number and other identifying
descriptions of any vehicle used in such soliciting or canvassing.
3-5. 06 . 08- 'Bond. Every applicant for a business license, not a
resident ot the City, for a period of NINETY (90) days or who being a
resident of the City, represents a firm, organization, or corporation
which does not maintain a principal place of business located in the
City shall file with the Business License Administrator a surety bond,
running to the City in the amount of ONE THOUSAND DOLLARS ($1 ,000 .00)
with surety acceptable to and approved by the City Attorney, conditioned
that the applicant, his agents and employees , shall comply fully with
all of the provisions of the ordinances of the City and the statutes
guaranteeing to any citizen of the City that all money paid as down
of the solicitor, his agents and employees , and further guaranteeing
to any citizen of the City doing business with the solicitor, his agents
and employees , that the property purchased will be delivered according
to the representations of the solicitor, his agents and employees .
Action on the bond may be brought in the name of the City to the use
or benefit of the aggrieved person. Where a person has more than one (1)
covering all solicitors in the sum herein specified.
3-5. 06. 09 - Bated es_. The Business License Administrator shall issue
to each licensed solicitor and his agents or employees a badge which
shall contain the words "licensed solicitor", name, the period for which
the license is issued, and the number of the license.. The badge shall,
during the time the licensee or his agents or employees are engaged in
canvassing or soliciting, be worn constantly by the licensee or his
agents or employees on the front of their outer garment in such a way
as to be conspicuous . The issuance of any such badge, license or permit
shall not constitute any endorsement by the City Council or any of the
officers of the City as to the reputation or reliability of the bearer
thereof, or the goods , wares , publication or merchandise for which he
is soliciting.
3-5.06 . 10 - 'Expiration of License. All licenses , and badges issued
under provisions ot this title s -a expire on the thirty-first (31st)
day of December in the year when issued. A new application shall be filed
and application fee paid for each calendar year during which one (1)
or more solicitations are made by any person or persons coming within
the operation of this. title. The business license may renewed
subject to this title and subject to all of the conditions required for
the original. application. Upon the expiration of all licenses and badges
issued pursuant to the provisions of this title, the licensee shall return
such licenses and badges to the Issuing Agency.
Chapter 3-5 .07
SALES YARDS , AUCTION YARDS AND/OR FLEA MARKETS
Sections :
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0 0,
3-5.07. 01 - Business License Required
. . . . . . . . . . . . . . . . . . . . . . . . .
'3-5 :07.01. Business 'License 'Requited.
A. Every person. w o conducts a sa es yard, auction yard and/or
flea market, as defined in Title 9 of this Code, . before leasing space
to various vendors , must first demand that such vendors produce a City
Business License as provided in this title.
B. Temporary sales events (conducted no more frequently than one
two-day period in every 90 days) "shall require only the operator of
that event to have a business license.
Chapter '3 .'5 .'08
PRIVATE PATROL SERVICES
Sections :
3-5. 08. 01 - Definitions
3-5.08. 02 - Permit Required"
3-5.08 .03 Application - Investigation
3-5 .08. 04 Identification
3-5 . 08. 05 - Waiver of Time
3-5.'0$.01 - Definitions . For the purposes of this title, "private
patro service includes any person, firm, association or corporation
who agrees to furnish or furnishes , a watchman, guard, patrolman,
responder, alarm personnel, investigator, security person, in uniform
or otherwise to protect persons or property.
3-5 .08. 02 - Permit Requited. It is unlawful for any person to
engage in the business ot a private patrol service in the City without
first obtaining a permit to do so from the Police Department and ob-
taining a business license as provided in this title and paying the
necessary fees therefore.
3-5 .08.03 - Application Investigation. Application for a business
license to conduct or maintain a private patrol service shall be submitted
to the Police Department who shall make such investigation as may be
necessary concerning the character of the applicant and any such employees
to be employed by.::the applicant. Following such investigation the Police
Department shall grant or deny the spplicant permission to engage in such
business . Such permission shall be granted unless it appears from the
investigation that the applicant is not a person of good moral character
or is not of good character in respect to honesty or integrity or the
Police Department determines that the granting of the application would
not be in the best interest of law enforcement of the. City.
The applicant shall submit such information as the Police Department may
request, indluding name, address , organization of the patrol service ,
its method of operation, territory or location it proposes to service ,
names , addresses , personal descriptions , photographs , and fingerprints
or its owners , officers and employees.
3-5 . 08. 04 - Identification. Any license granted by the Issuing
-15-
Agency as provided in this title shall be issued upon the following
terms and conditions :
A. Every employee engaged by the licensee , or officer of the`
licensee, shall be required to provide information and submit to an r .Y,.,,
investigation in the same manner as the licensee.
B. Every person engaged in the type of business described in
this Section shall at all times wear an identification card approved
by the Chief of Police on the front of the outer garment or uniform
in such a way as to be conspicuous and plainly visable. This require-
ment may be waived by written consent from the Chief of Police, which
written consent shall be carried by the licensee at all times .
C. The identification card described in this Section must contain
the name of the licensee, the name of the holder thereof, and a physical
description of the holder. A picture of the holder and an expiration
date of not more than one (1) year from the date of issuance must be
clearly visable on the front of the card. The word, "Police" may not
appear on the card.
D. If the holder of the identification card changes his employ-
ment, or in the event the license information changes , or the license
itself expires or is terminated, both the holder and the licensee shall
provide the Chief of Police of Atascadero within five (5) days from
such event that such event has occurred and shall forthwith surrender
such identification cards to the Chief of Police that have been issued.
E. Uniforms used by the licensee and his employees must include
a shirt, slate gray in color and shall not include any badges , shoulder
patches or flahses which could be confused with those issued by the
City of Atascadero as worn by Atascadero Police Department employees .
F. No marked vehicles shall be used by the licensee in the course
of business unless approved by the Chief of Police of Atascadero , which
approval shall be in writing, indicating that said vehicle is of a readily
apparent disinction from the vehicles or equipment utilized by authorized
public law enforcement agencies . Any such vehicle used by the licensee
in the licensee' s business shall be distinctively marked and include the
word "Private" written in minimum four (4) inch block letters of a con-
trasting color. The word, "private" may, and should, be incorporated
with the licensee' s type of business , such as , "Private Patrol" , "Private
Security" , or "Private Alarm Service" .
3-5 . 08 . 04 Waiver of Time. The applicant shall waive the time
requirements for approval oT the Issuing Agency pursuant to Section
3-5 .03 .16 pending the investigation by the Police Department.
Chapter 13-5 .09 .01
ACCESS TO INFORMATION FOR LICENSING OR PERMIT PURPOSES
Sections :
3-5. 09.01 - Access to Information for Licensing or Permit Purposes
3-5 . 09. 01- Access to Information for Licensing or Permit Purposes
Pursuant to Section 11105 of trie Penal Code of State , t o following
officers of the City are authorized to have access to and to utilize
State Summary Criminal History Information when it is needed to assist
them in fulfilling licensing duties as set forth in this Chapter.
(a) City Council Members
(b) City Manager
(c) City Attorney
(d) Chief of Police
-16-
PROOF OF PUBLICATION � 1986
CLERK
c. Sta�tta esti the.
" the so
of any el111
3-5.06.08—Ba
not a resident of
days or who ban STATE OFCALIFORNIA, vr�.
apa plum of bu SS.
,he CitLicensey County of San Luis
the City in the a
111.0001 With sur A�+
Attorney.coed'
employees,shall
the ordioanono Legal #w-853
AM alum o(th .........................................:..........
whaling•his ale 1 am a citizen of the United States and a resident
ece,�e eo any tam
w itng•histap of the County aforesaid; I am over the age of Business License Ord. #138
chased Win be de ......................................................
the solicitor.his eighteen years,and not a party to or interested)n
of tyheeanneved, the above entitled matter. I am the principal - PUBLIC NOTICE
(1)a lveanf au l clerk of the printer of the Atascadero New
3.5.06.09—Ba s, a ORDINANCE No.138
span iswe to o newspaper of general circulation, printed and AN ORDINANCE OF THE COUNCIL OF THE CITY
cmployars a bed OF ATASCADERO AMENDING CHAPTER S OF TI-'
sofichor'•,deme published Weekly on Wednesday and Friday In TLE 3 OF THE ATASCADERO MUNICIPAL CODE
- AND REPEALING CHAPTER 21 OF THE SAN LUIS
Atascadero, Calif., County of San Luis Obispo, OBISPO COUNTY CODE AND DELETING IT FROM
has been adjudged a TABLE 4 OF THE ATASCADERO MUNICIPAL
and which newspaper
I CODE,AND DELETING THE PRE-EXISTING
newspaper of general Circulation by the Superior LANGUAGE IN SECTION 3-5.01 and 3-5.02 OF THE
ATASCADERO MUNICIPAL CODE(BUSINESS
Court of the County of San Luis Obispo, State of LICENSE ORDINANCE)
)
California, under the The Council of the City of Atascadero doe;:ottl&" h
eBEd date of July 14,1952 follows: ._ ' as
J°anp ,P-31 ed s Case Number 19246; that the notice of which the MSection
n cipal code's amended to er 5 of delete tle 3 hele existing Chapter
x tpoof Jo pmt(lige P
Itteandde alit 3o tic annexed is a printed copy(set in type not smaller 5,Title 3,and replacing ittoread as indicated in the attach-
" pegs pin notpo A - ed Exhibit A,which is herby made a part of this ordinance
-ow Rap nuwga than nonpareil), has been p-blished in each by reference.
•tile an of ansa EXHIBIT"A"
sot of regular and entire issue of said newspaper and BUSINESS LICENSE ORDINANCE
NP Jo°O fel'" not in any supplement thereof on the following :Chapter 3-5.01
Begs aogod aqt•V GENERAL PROVISIONS'
pL+..q a dates, to;Wit: Sections:
SIM Jo Pts»a sit -3-5.01.01—Deputies
3-5.01.02—Misdemeanor to engage in"designated activity
puoid sa PMUM3 without a license
pw*,Kkhn p u-q l August 20, 3-5.01.03—Separate activities
..........° 3-5.01.04-Activity confined to location specified
....... ................................
tatpdtr s q will tin "' 3-5.01.05—Fictitious names
-Py aulaon seat 3-5.01.06—False Statements
aqt ttansaa pow-am 3-5.01.07—Issuing Agencies
ootmgdda aqt no _ 3-5.01.08—Violation--Penalty '
-an aq of puao ....................................................... ,_ ^..`_.3-5.01:09-True names on reports
s.tuexldda aql uc 3-5.01.10—Zoning clearance
a
36 3-5.01.11—Purpose
all in the year 19............. 3-5.01.01—Deputies:Whenever,by the provisions of this
91't0-!-t uomoS t title,a power is granted to a public officer or a duty impos-
to iu-gdda a p ps ed upon such officer,the power may be exercised or duty
P" Jawatetp Pi performed by a deputy of the officer or by a person
at Anssawo aq f" authorized pursuant to law by the officer,unless it is ex
aV MR amp> 1 certify (or declare) under penalty of perjury pressly otherwise provided.
that the foregoing is true and Correct. 3-5.01.02—Misdemeanor to engage in designated activity
°without a license:
Of aauaoq p aoq , .. Every person who engages in.conducts,
.rad a Atascadero News manages,
Io»aPua Dated at.................................... ohe carnes f any business,exhibition, by this
to staota a ptxsad '''''' tion,or other activity for which a license is required by this
"am"Jo aagd t title without first having procurred a license to do so and
-e=els°'tui•a 20 - having paid the fee,if any,for such license,as provided for
I*milt awdsnd as California, this day of 19 : in this title is guilty of a misdemeanor.Each day that such
nd
nautoJo a """" ' �.. activity continues without a license shall constitute a
�} separate offense.
Jo Rlq M Jo p 1�( 1/^y' tI I^ n , 3-5.01.03—Separate activities:A separate license shall be "
.l�gteOaJ ��PRW •�.+� -�+.. �.1-f.t•��`✓4J.1�/............ required for each.classification of business as defined by
ppwsyswJ=6J I Signature Resolution of this City, when engaged in, conducted,
tit ttgs fat"p a managed,or carried on by a person at the same time that
another classification of business is so engaged in or carried
Ira►Iegm Lap on by that person at the same location.
zoo-ti poet '<3-5.01.04—Activity confined to location specified:When
-p an p assusa a a license specifies the location of the activity licensed,the
Lan Io alinetaa 8; licensee may conduct such activity only at the location
etas!rat weiRd0! 'specified in the license.
3-5.01.05—Fictitious names: A license may be issued
$own"Pae satoa, pursuant to this title to a corporation duly authorized to
-w w atstetto 1paa - transact business in this state, or to a person operating
pee.waawep pa under a fictitious name who has complied with all of the
nae`sam"Ps 14 provisions of Section 17900 et seq.of the Business and Pro-
sow"pee casae - fessions Code.Otherwise,all such licenses shall be issued in
rMs°rya tip aq; the true name of the individual or individuals applying
is p satsttta an pa therefore.
:naeau ft - Except as provided above,no business so licensed may
Io umphon pin I - operate under any false or fictitious name.
--gdde aql Jo ted :x A license issued to a corporation shall designate such cor
(091 1.LXIS unnia '"• poration by the exact name which appears in the Articles of
aqt tq pamaoad•a a Incorporation for such corporation. I • ,
3-6.01.06—False statements: Every person who makes
;141--Pnodoad: any false statement in the application for a permit or license
n patraq as sun under this title,or in any report required by this title,shall
paillm)naamant• be guilty of a misdemeanor, in addition to which the
aq m patodtsW its business
end
3-5.01.07—Issuing Ag nnse shall be cies:Allynew pbusiness licenses
a"naliq opol ni shall be processed and issued unless otherwise indicated in
:d(gsowtepa Lwn this title,by the Community Development Department of
' Aapttaa aqt Jo a the City of Atascadero,and all references in this title to the
City Licensing Authority or Issuing Agency shall be to it.
pue uaetatq aql It Annual business license'renewals shall be processed by the
Finance Department.
+n to taatppe thea...,.. 3-5.01.08—Violation -- Penalty: Any person violating