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HomeMy WebLinkAboutOrdinance 258 CERTIFICATION I, LEE RABOIN, City Clerk of the City of Atascadero, hereby certify that the foregoing is the true and correct original of Ordinance No. 258 adopted by the Atascadero City Council at a regular meeting thereof held on October 13, 1992 and that it has been duly published pursuant to State Law. DATED: !: LtVRABOIN City Clerk City of Atascadero, California ORDINANCE NO. 258 AN ORDINANCE OF THE CITY OF ATASCADERO AMENDING TITLE 31 CHAPTER 5 OF THE ATASCADERO MUNICIPAL CODE AS IT RELATES TO BUSINESS LICENSES. Section 1. Title 3, Chapter 5 of the Atascadero Municipal Code is deleted in its entirety and shall be amended to read as contained in the Attached Exhibit A, which is hereby made a part of this ordinance by reference. Section 2. 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 Ordinance of this City. Section 3. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the 31st day after its passage. On motion by Councilperson Luna, seconded by Councilperson Borgeson, the foregoing ordinance is hereby adopted in its entirety on the following roll call vote.- AYES: ote:AYES: Councilmembers Borgeson, Luna and Mayor Nimmo NOES: None ABSENT: Councilmembers Bewley and Kudlac ADOPTED: October 13, 1992 ATTESTM, CITY OF ATASCADERO a By: LEE RABOI?V, ty Clerk ROBERT P. NIMMO, Mayor APPROVED AS TO FORM: ART ER MONT DON, ity Attorney ORDINANCE NO. 258 EXHIBIT "A" Page 1 CHAPTER 5. BUSINESS LICENSES Article 1. General Provisions Sec. 3-5.101. Purpose The purpose of this title is to assure that 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 must first procure a license to do so and pay the fees, if any, for such license. The provisions of this title shall be the minimum requirements for the protection of the public convenience, safety, and health and general welfare. Sec. 3-5.102. Issuing Agencies All new business licenses shall be processed and issued, unless otherwise indicated in this title, by the Finance Department of the City of Atascadero, and all references in this title to the City licensing authority or issuing agency shall be to it. Annual business license renewals shall be processed by the Finance Department. Sec. 3-5.103. 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. Sec. 3-5.104. Access to information for licensing or permit purposes. Pursuant to Section 11105 of the Penal Code of the State, the 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. ORDINANCE NO. 258 EXHIBIT "A" Page 2 Sec. 3-5.105 Zoning clearance The issuing agency shall not issue any license to carryon any business at a specific location in this City where such business is inconsistent with the Zoning Ordinance of this City. The Community Development Department shall review all applications to verify compliance with this title as well as the provisions of Title 9 of this code. Sec. 3-5.106 Separate Activities A separate license shall be required for each classification of business as defined by Resolution of this City, when engaged in, conducted, managed, or carried on by a person at the same time that another classification of business is so engaged in or carried on by that person at the same location. Seca 3-5.107 Activity confined to location specified. When a license specifies the location of the activity licensed, the licensee may conduct such activity only at the location specified in the license. Sec. 3-5.108. 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 has complied with all of the provisions of Section 17900 et seq. of the Business and Professions Code. Otherwise, all such licenses shall be issued in the true name of the individual or individuals applying therefor. 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. Sec. 3-5.109. False statements. Every person who makes any false statement in the application for a permit or license under this title, or in any report required by this title, shall be guilty of a misdemeanor, in addition to which the business license shall be immediately suspended. ORDINANCE NO. 258 EXHIBIT "A" Page 3 Every person making out any report or record required by the terms of this title or any copy thereof shall sign his/her true name and give the true name and correct address of the licensee. Sect. 3-5.110. 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 imprisonment imposed by the California Penal Code and the Atascadero Municipal Code. Each person is guilty of a separate offense 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 therefor as provided by this title. Article 2. Definitions Sec. 3.5.201. Definitions generally. As used in this title the words and terms in this chapter shall have the meanings ascribed to them, unless from the context a different meaning is clearly apparent. Sec. 3-5.202. 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. Sec. 3-5.203. Business "Business" means and includes 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 a 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. Sec. 3-5.204. Business License Administrator. "Business License Administrator" means the Finance Director of the City of Atascadero. ORDINANCE NO. 258 EXHIBIT "A" Page 4 Sec. 3-5.205. 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 merchandise, 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 such sale or whether he is collecting advance payments on such sales or 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 with 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. Sec. 3-5.206. City. "City" for the purposes of this title shall mean the City of Atascadero. Sec. 3-5.207. Council. "Council" means the City Council of the City of Atascadero. Sec. 3-5.208. Distributor. "Distributor" means a wholesaler or jobber of goods, wares, merchandise, or food products. Sec. 3-5.209. Fixed place of business. "Fixed place of business" means a place of business separate and distinct from any other business regularly kept open by the owner thereof or by his agents or employees at a fixed location. Sec. 3-5.210. Health Officer. "Health Officer" means the health officer of the County or ORDINANCE NO. 258 EXHIBIT "A" Page 5 his duly authorized representative. Sec. 3-5.211. Itinerant merchants, and itinerant vendors. "Itinerant merchants" and "itinerant vendors" means any person whether as owner, agent, consignee, 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. Sec. 3-5.212. Location owner. "Location owner" means every person not engaged in the business of selling, 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. Sec. 3-5.213. Mechanical or electronic amusement device. "Mechanical or electronic amusement device" means any table, board, machine, device or apparatus fitted for use by the public, the operation of which is permitted, controlled, allowed or mad 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 which 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 vent any article or merchandise or any money, coin, check or token. "Mechanical or electronic amusement device" shall not include phonographs or music machines. Sec. 3-5.214. Mobile vending unit. "Mobile vending unit" means any vehicle which operates from site to site with primary emphasis on transit while dispensing 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. Sac. 3-5.215. Operator. "Operator" means any person engaged in the business of ORDINANCE NO. 258 EXHIBIT "A" Page 6 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. Sec. 3-5.216. Person or party. "Person" or "party" means and includes persons as defined in Title 9 of this Code. Sec. 3-5.217. Private Patrol Service. "Private patrol service" means and 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. Sec. 3-5.218. Public arcade room. "Public arcade room" means and includes arcades as defined in title 9 of this Code. Sec. 3-5.219. 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. Sec. 3-5.220. Zoning Ordinance. "Zoning Ordinance" means Title 9 of this code. Sec. 3-5.221. Additional definitions. Further references to words or phrases or definitions as used in this title shall be made to Title 9 of this Code. Article 3. Standard Licensing Procedures Sec. 3-5.301. Form of application. Every application for a license required by this title shall be signed by the applicant and shall contain at least the following: ORDINANCE NO. 258 EXHIBIT "A" Page 7 (a) 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 shall apply. The names of all other persons having an interest in the enterprises; (b) 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; (c) The applicant's social security number if an individual or partnership, or the corporate number of the applicant if a corporation; (d) The driver' s license number if the applicant(s) is an individual; (e) The telephone number of the applicant; (f) The name under which the applicant will be doing business; (g) The nature of the business; (h) The exact location of the business or the route or territory to be covered if no fixed place of business exists; (i) The residence of the applicant, or if a corporation, the principal place of business; (j ) The name and address of the owner of the premises; (k) The name and address of the lessee of the premises; (1) The term for which such license is applied; and (m) Licensed contractor number (if appropriate) . Sec. 3-5.302. Exemptions. No license shall be required hereunder by the following: (a) 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; ORDINANCE NO. 258 EXHIBIT "A" Page 8 (b) 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; or (c) Such activities as are preempted under State statutes. Section 3-5.303. Exemption from payment of license fees. No license fee shall be payable hereunder by the following: (a) Persons categorically exempt from license charges under Section 16000 et seq. of the Business and Professions Code of the State of California; (b) 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; (c) Passenger stage corporations as defined in Section 226 of the Public Utilities Code of the State of California; or (d) Such other and further activities as shall be specifically exempted by resolution of the City Council of the City of Atascadero. Sec. 3-5.304. Issuance period. Unless otherwise specifically provided, all license periods are as follows: (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 will expire on the thirty-first day of December in the year when issued. ORDINANCE NO. 258 EXHIBIT "A" Page 9 Sec. 3--5.305 Posting or display. Every person, firm, association, or corporation having a license under the provisions of this title and carrying on a business, exhibition, occupation or activity at a fixed place 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 the license on him/her at all times while carrying on the business, exhibition, occupation, or 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 visible. Sec. 3-5.306. Producing on demand. Every person, firm, association, or corporation having a license under 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 therefor. In addition, all solicitors and canvassers including their agents or employees are required to exhibit their licenses or permits, as the case may be, at the request of any person. Sec. 3-5.307 . Keeping insurance, undertaking, etc. in force and effect. Whenever this title requires the applicant for 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 Business License Administrator is filed before cancellation or expiration of the old policy, etc. , becomes effective, then the license will continue in force. Sec. 3-5.308. Approval 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 Article 4 of this title. If specific approval is not granted, approval by said agency is deemed implied, and the applicant may ORDINANCE NO. 258 EXHIBIT "A" Page 10 obtain issuance for said license from the Business License Administrator. (b) An extension of time within which to approve the application, not to exceed thirty (30) calendar days, may be granted by the City Manager. Sec. 3-5.309. 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 paying the sum requested for the cost thereof. Sec. 3-5.310. Transfer of License. (a) The licensee, upon payment of a fee, may transfer his/her 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. Any partner being deleted must acknowledge the deletion in writing, unless the deletion is due to the death of a partner. Sec. 3-5.311. Renewal of license. Except as otherwise provided in this chapter, every licensee who has obtained 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 Department, Police Department, or Community Development Department, may file a written notice of denial of renewal of such license. If a Health Department or other special permit is required for the enterprise, it is the business owner's responsibility to renew said permit(s) 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. ORDINANCE NO. 258 EXHIBIT "A" Page 11 Sec. 3-5.312. 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. Sec. 3-5.313. Denial of license or granting subject to restrictions. Before the denial of any license, either 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. Sec. 3-5.314. Appeal. Any person aggrieved by the action of the Business License 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- 5.310. Sec. 3-5.315. 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 ORDINANCE NO. 258 EXHIBIT "A" Page 12 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 deliberate upon the evidence and make finding 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 therefor 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. ORDINANCE NO. 258 EXHIBIT "A" Page 13 (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. Article 4. Special Licensing Procedures 3-5.401 Prior Police Department Review. (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 special types of businesses set forth in this section, the time provisions specified in Section 3-5.308 shall commence when the application is returned from the Police Department to the issuing agency. ( 1) Carnival, circus, menagerie or any exhibitor display for which payment of an admission fee or donation is expected or required for entry or for viewing; (2) Pawnbrokers, 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) Fire, burglar, intrusion or other alarm service; (7) Locksmiths; (8) Photographers, modeling agencies; (9) Massage parlor, massagers, masseur or masseuse; (10) Hazardous waste transporters or disposal agents; ( 11) Sale of firearms. (12) Adult bookstores/movie theaters; ORDINANCE NO. 258 EXHIBIT "A" Page 14 (13) Headshop - - ( 14) Fortunetelling; ( 15) Taxicabs. ( 16) Private patrol services; ( 17) Card Rooms; or ( 18) Canvassers/Solicitors. Sec. 3-5.402. Prior Reviews by Outside Agencies (a) Food Handlers - 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 Department before the license may be processed and issued by the City of Atascadero. (b) Waste Disposal - 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. (c) Card Rooms - Every person or firm, or corporation, or entity engaged in the card room business shall have a California State gaming permit prior to making application to the City of Atascadero for a business license. (d) Firearm Sales - Every person or firm, or corporation, or entity in the business of selling firearms or related supplies shall have a federal firearms permit for such activity prior to making an application to the City of Atascadero for a business license. Sec. 3-5.403 Card Rooms 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 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 ORDINANCE NO. 258 EXHIBIT "A" Page 15 issued-which in its judgement shall be for the best interest of the public peace, safety and welfare. 3-5.404 Transient Merchants - Solicitors and Canvassers (a) 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 therefor in compliance with the provisions in 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 therefor in compliance with the provisions of this title. (b) Applications. Applicants for a license under this chapter must file with the Business License Administrator an application in writing on a form to be furnished by the Business License Administrator, which application shall give at least the following information: ( 1) Name and description of the applicant; (2) Permanent home address and full local address of the applicant; (3) A brief description of the nature of the business and the goods to be sold; (4) If employed, the name and address of the employer, together with credentials establishing the exact relationship; (5) The length of time for which the right to do business is desired; (6) The place where goods or property proposed to be sold, or orders taken for the sale thereof, are manufactured or produced, where such goods or products are located at the time said application is filed, and the proposed method of delivery; (7) Three photographs of the applicant, procured by the applicant at his/her 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; (8) The fingerprints of the applicant and such other available evidence as to the good character and business ORDINANCE NO. 258 EXHIBIT "A" Page 16 responsibility of the applicant as will enable an investigator to properly evaluate such character and business responsibility; (9) A statement as to whether or not the applicant has been convicted 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 therefor; and ( 10) The description and license number of any motor vehicle(s) to be used by the applicant. (c) Prima facie evidence of permanent residence or place of business. For the purpose of this chapter, the maintenance by any person, firm, organization, or corporation of a home or fixed place of business within the boundaries 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. (d) Investigation. The City Police shall have the right to conduct 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 3-5.308. (e) Disapproval of application. (1) If, 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 application to the Business License Administrator, who shall notify the applicant that his/her application is disapproved. (2) Any person whose application has been disapproved shall have the right to appeal to the City Council as provided in this title. (f) Application approval. If, as a result of such investigation, the 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 Administrator, who shall issue to the applicant his/her badge, permit or license. The license shall contain 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 ORDINANCE NO. 258 EXHIBIT "A" Page 17 shall be operative, as well as the license number and other identifying descriptions of any vehicle(s) used in such soliciting or canvassing. (g) Bond. Every applicant for a business license, not a resident of 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 may be required to 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 by the solicitor, his agents and employees, and further guaranteeing to any citizen of the City doing business with 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. (h) Badges. 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. (i) Expiration of License. All licenses, and badges issued under provisions of this title shall 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 be 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. ORDINANCE NO. 258 EXHIBIT "A" Page 18 3-5.405 Private patrol Services (a) Permit required. It is unlawful for any person to engage in the business of a private patrol service in the City without first obtaining a permit to do so from the Police Department and obtaining a business license as provided in this title and paying the necessary fees therefor. (b) 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 grantor deny the applicant permission to engage in such business. Such permission shall be granted unless it appears from the investigation that the applicant is not 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 including name, address, organization of the patrol service, its method of operation, territory and location it proposes to service, names, addresses, personal descriptions, photographs, and fingerprints of its owners, officers and employees. (c) Identification. Any license granted by the issuing agency as provided in this title shall be issued upon the following terms and conditions: ( 1) Every ,employee engaged by the licensee, or officer of the licensee, shall be required to provide information and submit to an investigation in the same manner as the licensee. (2) 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 astobe conspicuous and plainly visible. This requirement may be waived by written consent from the Chief of Police, which written consent shall be carried by the licensee at all times. (3) 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 ORDINANCE NO. 258 EXHIBIT "A Page 19 holder and an expiration date of not more than one (1) year from the date of issuance must be clearly visible on the front of the card. The word, "Police" may not appear on the card. (4) If the holder of the identification card changes his employment, 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. (5) Uniforms used by the licensee and his employees must include a shirt, slate gray in color, and shall not include badges, shoulder patches or flashes which could be confused with those issued by the City of Atascadero as worn by Atascadero Police Department employees. (6) 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 distinction 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-inch (411 ) block letters of a contrasting 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" . (d) Waiver of Time. The applicant shall waive the time requirements for approval of the issuing agency pursuant to Section 3-5.308 pending the investigation by the Police Department. 3-5.406 Sales yards, auction yards, flea markets (a) Every person who conducts a sales 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 (2) day period every ninety (90) days shall require only the operator of that event to have a business license. ORDINANCE NO. 258 EXHIBIT "A" Page 20 Article V. License Fees and Charges Sec. 3-5.501 Rates fixed and established. The license fees and any related fees or charges for the businesses, exhibitions, occupations, and activities referred to and named in this title shall be established by Resolution of the City Council of Atascadero and may be changed from time to time by Resolution of the Council. Sec. 3-5.502 Payable in advance. All license fees provided for in this title, either new or renewal, shall be due and payable in advance at the office of the City Finance Department. Sec. 3-5.503. 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, a penalty of one hundred percent (100%) of the license fee shall be added for renewal. In addition, the Business License Administrator shall automatically revoke the license. If the licensee continues to engage in the same or similar business, exhibits, occupation or activities without a valid license, he/she shall be guilty of a misdemeanor, as set forth in section 3-5. 110- of this title. 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 prior license fee, penalties and any other fines or charges. Sec. 3-5.504 Failure to obtain a business license. Failure to obtain a license prior to commencing a business, exhibit, occupation or activity requiring a license shall result in an additional fee equal to the cost of the license itself and any related charges. Sec. 3-5.505 Civil Action Designated. If any person, firm, association, or corporation commences, ORDINANCE NO. 258 EXHIBIT "A" Page 21 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 provided 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.