HomeMy WebLinkAboutOrd 31 ORDINANCE NO. 31
AN ORDINANCE OF THE CITY OF CATHEDRAL CITY
ADDING CHAPTER 3.28 TO THE CATHEDRAL CITY
MUNICIPAL CODE, ESTABLISHING A BUSINESS
LICENSING SYSTEM.
A
The city council of the City of Cathedral City does ordain as follows:
SECTION 1. A new chapter, to be numbered 3.28 hereby is added to the Cathedral
City Municipal Code, to read as follows:
Chapter 3.28
BUSINESS LICENSES
Sections:
3.28.010 Definitions.
3.28.020 Business license required.
3.28.040 License subject to other regulations and fees.
3.28.070 License and penalties constitute debt to city.
3.28. 100 Application procedure.
3.28.120 Statement of gross receipts.
3.28. 140 Separate license for each place or type of business.
3.28. 160 Information confidential.
3.28.180 Failure to file statement.
3.28.200 License fees--Persons with fixed place of business in city.
3.28.300 License fees--Persons without fixed place of business in city.
3.28.400 License fees-Flat rate.
3.28.450 License fee--Swap meet.
3.28.480 Business classification not specified.
3.28.500 Payment--Due date.
3.28.600 Penalties.
3.28.700 Exemption--Generally.
3.28.720 Exemption--Nonprofit corporation, association, etc.
3.28.730 Fee adjustments required in cases of interstate commerce.
3.28.740 Exemption--Businesses subject to franchise, etc.
3.28.760 Exemption--Limited income.
3.28.800 No license transferable--Amended license for changed location
For owner.
3.28.820 Duplicate license.
3.28.840 Refunds.
3.28.860 Posting and keeping licenses.
3.28.880 Enforcement.
3.28.900 Appeals.
3.28.910 Waiver or reduction of fees or penalties by city council.
3.28.920 Rules and regulations.
3.28.940 Remedies cumulative.
3.28.010 Definitions. For the purposes of this chapter, unless it is
plainly evident from the context that a different meaning is intended, certain
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terms used in this chapter are defined as follows:
(a) "Business" means professions, trades, occupations, gainful activi-
ties, and all and every kind of calling whether or not carried on for profit.
(b) "City" means the city of Cathedral City, a municipal corporation
of the state of California, in its present incorporated form or in any later
reorganized, consolidated, enlarged or reincorporated form.
(c) "Collector means the director of finance and general services, or
other city officer or employee charged with the administration of this chapter.
(d) "Gross receipts" means the total amount of the sale price of all
sales and the total amount charged or received for the performance of any act
or service of whatever nature it may be, for which a charge is made or credit
allowed, whether or not such act or service is done as a part or in connection
with the sale of materials, goods, wares, or merchandise. Gross receipts, as
used in this chapter, shall mean the gross receipts of the year preceding the
beginning of the annual license period. Included in gross receipts shall be
all receipts, cash, credits, and property of any kind or nature, without any
deduction therefrom on account of the cost of the property sold, the cost of
the materials used, labor or service, costs, interest paid or payable, or
losses or other expenses whatsoever. Excluded from gross receipts shall be
the following:
(1) Cash discounts allowed and taken on sales;
(2) Credit allowed on property accepted as part of the purchase
price and which property may later be sold;
(3) Any tax required by law to be included in or added to the pur-
chase price and collected from the consumer or purchaser;
(4) Such part of the sale price returned by purchasers upon resci-
ssion of the contract of sale as is refunded either in cash or by credit;
(5) Amounts collected for others where the business is acting as
an agent or trustee, to the extent that such amounts are paid to those for
whom collected and provided the agent or trustee has furnished the collector
with the names and addresses of the others and the amounts paid to them;
(6) That portion of the receipts of a general contractor which
represents payments to subcontractors, provided that such subcontractors are
licensed under this chapter and provided the general contractor furnishes the
collector with the names and addresses of the subcontractors and the amounts
paid each subcontractor;
(7) That portion of gross receipts which has been the measure of
a license tax paid to any other city for sales transacted outside the city.
(e) "Peddler" means any hawker, vendor, or other person who goes from
house to house or from place to place or in or along the streets within the
city selling and making immediate delivery or offering for sale and immediate
delivery any goods, wares, merchandise or any thing of value in his possession
to persons other than manufacturers, wholesalers, jobbers or retailers in such
commodities.
(f) "Person" means all domestic and foreign corporations, associations,
syndicates, joint stock corporations, partnerships of every kind, clubs, Massa-
chusetts, business, or common-law trusts, societies and individuals transacting
and carrying on any business in the city other than as an employee.
(g) "Retail trade" means every business conducted for the purpose of
selling or offering to sell any goods, wares, or merchandise, other than as
a part of a "wholesale business" as defined in subsection (j) of this section.
(h) "Solicitor" means a person engaged in soliciting, canvassing, or
taking orders from house to house or from place to place or by telephone or by
any other means of communication for any goods, wares, merchandise, or any
article to be delivered in the future or for services to be performed in the
future or making, manufacturing, or repairing any article whatsoever for future
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delivery or for subscriptions to periodicals or tickets of admission to enter-
tainments or memberships in any clubs.
(1) "Sworn statement" means an affidavit sworn to before a person autho-
rized to take oaths or a declaration or certification made under penalty of
perjury.
(j) "Wholesale and manufacturing trade" means every business conducted
solely for the purpose of selling or manufacturing goods, wares or merchandise
in wholesale lots for resale.
3.28.020 Business license required. Subject to the provisions of this
chapter, all businesses engaged in or carried on in the city shall pay annual
business license fees in the amounts as provided in this chapter. It is unlaw-
ful for any person to commence, transact, engage in, or carry on any business
in the city without first having obtained a valid license and paid the license
fee therefor, or without complying with any and all applicable provisions of
this chapter. Compliance with such requirements shall not be construed to be
a condition precedent to engaging in any business or corporation within the
city where the imposition of such a condition precedent would be contrary to
law. When any person shall by use of signs, circulars, cards, telephone book,
or newspapers, advertise, hold out, or represent that he is in business in the
city, or when any person holds an active license or permit issued by a govern-
mental agency indicating that he is in business in the city, and such person
fails to deny by a sworn statement given to the collector that he is not conduct-
ing a business in the city, after being requested to do so by the collector, then
these facts shall be considered prima facie evidence that he is conducting a
business in the city.
3.28.040 License subject to other regulations and fees. Persons re-
quired to pay a license fee for transacting and carrying on any business under
this chapter shall not be relieved from the payment of any fees for the privi-
lege of carrying on any similar or related activity required under any other
ordinance of the city and shall remain subject to the regulatory provisions of
other ordinances. No person shall be entitled to a business license and the
collector shall not issue a business license to any person commencing business
unless and until said person shall have complied with all applicable city or-
dinances. No license shall be issued covering any food or drink dispensing
establishment, restaurant, pet hospital, pet shop, veterinarian, or kennel ser-
vices until the applicant has obtained clearance from the Riverside County
department of health.
3.28.070 License and penalties constitute debt to city. The amount of
any license fee and penalty imposed by the provisions of this chapter shall be
deemed a debt to the city. An action may be commenced in the name of the city
in any court of competent jurisdiction, for the amount of any delinquent license
fee and penalties.
3.28.100 Application procedure. Every person required to have a license
under the provisions of this chapter shall make application for the same to the
collector providing such information and in such manner as may be required by
the collector. The collector may refer to any governmental agency any statement
and all other information submitted by persons subject to the provisions of this
chapter in connection with the conduct of a business regulated or supervised or
otherwise the concern of any such agency, including agencies concerned with
health regulations, zoning conformance, fire safety, police considerations, or
any other safeguard of the public interest.
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3.28.120 Statement of gross receipts. In all cases where the amount
of the license fee to be paid is measured by gross receipts, the applicant
for license shall furnish to the collector a sworn statement setting forth
such information as is required and as may be necessary to determine the
amount of the license fee to be paid by the applicant. Upon making application
for the first license to be issued hereunder, or for a newly established busi-
ness, a person shall estimate the gross receipts for the period to be covered
by the license to be issued. Such estimate, if accepted by the collector as
reasonable, shall be used in determining the amount of license fee to be paid
by the applicant. The applicant for the renewal of a license shall submit to
the collector a sworn statement setting forth such information concerning the
applicant's business during the preceding year as may be required by the collec-
tor to enable him to ascertain the amount of the license fee to be paid by the
applicant.
3.28.140 Separate license for each place or type of business. A sepa-
rate license must be obtained for each branch establishment or location of the
business transacted and carried on and for each separate type of business at
the same location, and each license shall authorize the licensee to transact
and carry on only the business licensed thereby at the location or in the manner
designated in such license; provided that warehouses and distributing plants
used in connection with and incidental to a business licensed under the provi-
sions of this chapter shall not be deemed to be separate places of business or
branch establishments; and provided further than any person conducting two or
more types of businesses at the same location and under the same management, or
at different locations, but which businesses use a single set or integrated set
of books and records may, at his option, pay only one fee calculated on all
gross receipts of the businesses under the schedule that applies to the type of
business of such person which requires the highest payment on such gross receipts
except that a license fee of three dollars for each additional branch, location,
or type of business shall be paid upon issuance.
3.28.160 Information confidential. The collector or any of his autho-
rized representatives shall not make known in any manner whatever the business
affairs, operations, or information obtained by an investigation of records
and equipment of any person required to obtain a license or pay a license fee
under the provisions of this chapter or to divulge the amount or source of
income, profits, losses, expenditures, or any particular thereof set forth in
any statement or application, or to permit any statement or application, or
copy of either, or any other document relating thereto which contains specific
information as to the amount or source of income or expenditures of any person
obtaining a license to be seen or examined by any person; provided, that nothing
in this section shall be construed to prevent the disclosure to or examination
of records by another city agent for the sole purpose of administering or en-
forcing any of the provisions of this chapter or auditing of accounts of the
L collector, federal or state officials, or a grand jury or court of law upon
subpoena or in a proceeding to determine the existence or amount of any license
fee liability of the particular licensee to the city; nor shall the disclosure
of the names and addresses of persons to whom licenses have been issued and
the general type of their business be prohibited hereunder, together with
general statistics regarding business fees collected or business done in the
city.
3.28. 180 Failure to file statement. If any person subject to the fees
imposed by this chapter fails to submit information required by the collector
necessary to determine the license fee due and payable, or if the collector
is not satisfied with the information supplied and statement filed, the collec-
tor may determine the amount of license fee due from such person by means of
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such information as he may be able to obtain. If such determination is made,
the collector shall give a notice of the amount so assessed by serving it per-
sonally or by depositing it in the United States Post Office at Cathedral City,
California, postage prepaid, addressed to the person so assessed at his last
known address.
3.28.200 License fees--Persons with fixed place of business in city.
Every person who engages in business at a fixed place of business within the
city shall pay a license fee based upon gross receipts at the following rates
fP and in the following classifications:
GROSS RECEIPTS
RANGE Class A Class B Class C
0 -- 25,000 $ 15.00 $ 18.00 $ 21.00
25,000 -- 50,000 25.00 30.00 36.00
50,000 -- 100,000 30.00 36.00 43.00
100,000 -- 250,000 46.00 55.00 66.00
250,000 -- 500,000 76.00 90.00 108.00
500,000 -- 750,000 114.00 135.00 162.00
750,000 -- 1,000,000 150.00 180.00 216.00
1,000,001 -- 2,000,000 400.00 500.00 600.00
2,000,001 -- 3,000,000 500.00 625.00 750.00
3,000,001 -- 4,000,000 600.00 750.00 900.00
4,000,001 -- 5,000,000 700.00 875.00 1,050.00
5,000,001 -- 10,000,000 1,000.00 1,250.00 1,500.00
10,000,001 and up 1,500.00 1,875.00 2,250.00
CLASSIFICATIONS
Class A
Automobile repair and services
Laundry, dry cleaning, and garment services
Manufacturing
Retail trade
Wholesale trade
Class B
Amusement and recreation services, including motion pictures
Architectural services
Beauty shops
Engineering services
Landscape and horticultural services
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Operators, rentors, and lessors of commercial property
Services to buildings
All other persons engaged in business not specifically listed elsewhere in this
chapter
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Class C
Accounting, auditing, and bookkeeping services
Barbers and hairstylists
Financial services
Insurance brokers and services
Legal services
Management and public relations services
Medical and health services
Real estate agents, brokers, managers, and services
3.28.300 License fees--Persons without fixed place of business in city.
Every person not having a fixed place of business within the city and not being
otherwise licensed or classified in this chapter, who delivers any service by
the use of vehicles in the city, except general and special construction con-
tractors, shall pay a license fee as follows:
Capacity Rate Per
Vehicle
Not exceeding one-half ton $ 15.00
Over one-half ton to 1 ton 25.00
Over 1 ton to 1-2 ton 50.00
Over 1-1/2 ton to 2 ton 75.00
Over 2 ton to 3 ton 100.00
Over 3 ton 150.00
Every person not having a fixed place of business within the city who engages
in business within the city and is not subject to the provisions of this section
shall pay a license fee at the same rate prescribed in this chapter for persons
engaged in the same type of business from and having a fixed place of business
within the city.
3.28.400 License fees--Flat rate. Every person transacting and carry-
'v ing on the businesses enumerated in this section shall pay a license fee as
follows:
AUCTIONEERS. Auctioneers not having a fixed place of business in the
city, two hundred fifty dollars per year or,at the option of the licensee,
twenty-five dollars per day;
CARNIVALS, FAIRS. Two hundred dollars for the first day and one hundred
fifty dollars for each additional day, for the first ten or fewer concessions;
plus thirty dollars for the first day and twenty dollars for each additional
day for each concession in excess of ten. For the purpose of this section,
"concession" shall be any amusement ride, booth, exhibit, stall, tent, trailer,
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or stand which charges any fee for the ride, service, or product offered;
CHRISTMAS TREE LOTS. Every person engaged in the business of selling
or offering for sale Christmas trees at retain shall pay a business license
fee of twenty-two dollars and fifty cents per year;
CIRCUSES. Five hundred dollars for the first day and three hundred
seventy-five dollars per day for each additional day;
COMMERCIAL FILMING. On city streets or other city property, as follows:
Persons Employed at Location Rate Per Day
1 -- 3 $ 100.00
4 -- 6 200.00
7 -- 9 400.00
10 and over 600.00
Traffic-control costs or any additional costs as required by the chief of
police shall be paid entirely by the applicant;
CONTRACTORS. Every person engaged in the business of contracting which
requires a State contractors' license shall pay a business license fee of
eighty dollars per year or, at the option of the licensee, twenty-five dollars
per quarter in which work is performed;
KLIEG LIGHTS. One hundred fifty dollars per year for each light or, at
the option of the licensee, fifteen dollars per day;
LIVING ACCOMMODATIONS. Every person transacting or engaged in the oper-
ation of a hotel, motel, apartment, roominghouse, autocourt, house for rent,
or other living accommodations shall pay an annual fee of twelve dollars per
dwelling unit;
PEDDLERS OR SOLICITORS. Two hundred fifty dollars per year;
SALES REPRESENTATIVES. Every person engaged in the business of solicitor
of orders for sales or services by a nationally franchised business (such as
Avon) wherein solicitation only occurs by previous appointment, shall pay a
business license fee of fifteen dollars per year;
TAXICAB. Five hundred dollars per year per taxicab, provided that if
the taxicab operation is by a master licensee with "independent" drivers,
the fee may be paid by the main licensee in which event the fee shall be two
hundred dollars per taxicab per year (computed in accordance with the highest
number of taxicabs in operation at any one time during the tax year) ;
VEHICULAR STREET ADVERTISING. Three hundred dollars per year per ve-
hicle or, at the option of the licensee, thirty dollars per day;
Notwithstanding the foregoing, a maximum license fee of one hundred dollars
per day shall be paid for any carnival, fair, or circus which is conducted at
a location approved by the city council and is sponsored by any instution or
organization conducted, managed, or carried on wholly for the benefit of chari-
table purposes;
4.
3.28.450 License fee--Swap meet. Any person, firm or entity conducting,
managing, or carrying on the business of, or providing the facilities for, the
conduct of any swap meet, seller's meet, flea market or similar activity shall
pay a license fee based upon gross receipts in the Class A classification.
In addition, any such person, firm or entity shall collect $1 per seller
per stall per day should the seller not be in possession of a valid business
license in and from the City. These fees of $1 per seller per stall per day
shall be remitted to the collector on a weekly basis. The operator is res-
ponsible for the collection of these fees and subsequent remittance of such
fees, in total, to the collector.
Any person, firm, or entity conducting, managing, or carrying on the
business of selling goods or services at a swap meet, flea market, sellers'
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meet, or any other such activity, shall be required to pay $1 per day per
stall to the operator of said meet upon rental of stall or a $40 annual
business license may be obtained from the City in lieu of the $1 per day,
per stall charge.
3.28.480 Business classification not specified. The license fee
applicable to a business not expressly set forth in this chapter shall be
that license fee applicable to the business expressly set forth in this
chapter which is most nearly comparable in the opinion of the collector. The
collector may, in addition, require compliance with any other provision of
this code regulating the licensing of the particular business determined to
be most nearly comparable.
3.28.500 Payment--Due date. Unless otherwise specifically provided,
the following shall apply:
(1) An annual license fee under the provisions of this chapter shall
be due and payable in advance on the first day of the licensing year appli-
cable to the business. Licensing years applicable to various businesses ac-
cording to geographical location or other factors shall be as established by
resolution of the city council or in the absence thereof the licensing year
shall be on a calendar year basis.
(2) A licensee paying a fee covering a new operation commencing in the
first quarter of a licensing year shall pay the entire license fee; in the
second quarter of a licensing year shall pay seventy-five percent of the
license fee and in the fourth quarter of a licensing year shall pay twenty-
five percent of the license fee.
(3) A flat-rate license fee shall be payable in advance of the business
activity.
(4) The collector is not required to send a renewal, delinquency, or
other notice or bill to any person subject to the provisions of this chapter;
and failure to send such notice or bill shall not affect the validity of any
license fee or penalty due under the provisions of this chapter.
3.28.600 Penalties. (a) For failure to pay an annual license fee
when due, the collector shall add a penalty of ten percent of said license
fee on the first day of the month following the due date thereof and ten per-
cent on the first day of each month thereafter while the fee remains unpaid;
provided that the amount of such penalty to be added shall in no event exceed
fifty percent of the amount of the license fee due.
(b) Any flat-rate license fee which has not been paid by five p.m. on
the day due shall have added to the amount thereof a penalty of twenty-five
percent.
(c) If any person has failed to apply for and secure a valid license to
operate a business, the business license fee due shall be that amount due and
L payable from the first date on which the person was engaged in business in the
city together with applicable penalties.
(d) Where an audit or inspection of the books or records of a business
reveals that the amount of license fee paid for any license fee period is less
than the amount which was actually due pursuant to this chapter, it shall be
deemed for purposes of this section that, to the extent of such deficiency,
there was a failure to pay a license fee when due. Penalties as provided in
this section shall be assessed from the date when said deficiency was required
to be paid pursuant to this chapter.
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(e) Should court action be required to collect any license fee or
penalties, an additional penalty shall be charged equal to costs of suit, in-
cluding attorneys' fees. The penalties shall be added to the license fee and
the same shall become due and payable and collected along with the delinquent
license fee.
(f) Any person violating any of the provisions of this chapter or know-
,,, ingly or intentionally misrepresenting to any officer or employee of the city
any material fact in procuring a license provided for in this chapter shall be
deemed guilty of a misdemeanor.
3.28.700 Exemption--Generally. Nothing in this chapter shall be deemed
or construed to apply to any person transacting and carrying on any business
exempt by virtue of the Constitution or applicable statutes of the United States
or of the State of California. Any person claiming an exemption pursuant to
this chapter shall file a sworn statement with the collector stating the facts
upon which exemption is claimed and shall furnish such information and verifi-
cation as may be required. In the absence of such statement substantiating the
claim, such person shall be liable for the payment of the license fee imposed
by this chapter. The collector, after giving notice and a reasonable oppor-
tunity for hearing to a licensee, may revoke any license granted pursuant to
the provisions of this section upon information that the licensee is not entitled
to the exemption as provided in this chapter.
3.28.720 Exemption--Nonprofit corporation, association, etc. No business
license under this chapter shall be required of any nonprofit institution,
corporation, organization, or association organized or conducted for nonprofit
purposes only, when the receipts derived are to be wholly for the benefit of
such organization and not in whole or part for the private gain of any person.
This exemption shall not apply to promoters employed by such nonprofit institu-
tions, corporations, organizations, or associations.
3.28.730 Fee adjustments required in cases of interstate commerce. None
of the license fees provided for herein shall be so applied as to occasion an
undue burden upon interstate commerce or be violative of the equal protection
and due process clauses of the Constitution of the United States and the state.
In any case where a license fee is believed by a licensee or applicant for a
license to place an undue burden upon interstate commerce or be violative of
such constitutional clauses, he may apply to the collector for an adjustment
of the fee. Such application may be made before, at, or within six months
after payment of the prescribed license fee. The applicant shall, by sworn
statement and supporting testimony, show his method of business and the gross
volume or estimated gross volume of business and such other information as the
collector may deem necessary in order to determine the extent, if any, of such
undue burden or violation. The collector shall then conduct an investigation,
and after having first obtained the written approval of the city attorney, shall
fix as the license fee for the applicant, an amount that is reasonable and non-
discriminatory; or if the license fee has already been paid, shall order a re-
fund of the amount over and above the license fee so fixed. In fixing the li-
cense fee to be charged, the collector shall have the power to base the license
fee upon any measure which will assure that the license fee assessed shall be
uniform with that assessed on businesses of like nature, so long as the amount
assessed does not exceed the license fee as prescribed by this chapter. The
collector may require the applicant to submit, either at the time of termina-
tion of applicant's business in the city, or at the end of each three-month
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period, a sworn statement of the gross incomes from local sources upon which
a license fee adjustment may be based; provided that no additional license fee
during any one calendar year shall be required after the licensee shall have
paid an amount equal to the annual license tax as prescribed in this chapter.
3.28.740 Exemption--Businesses subject to franchise, etc. No business
license shall be required of any public utility or other service organization
which pays to the city a fee or tax under a franchise or similar agreement.
3.28.760 Exemption--Limited income. No business license shall be re-
quired of a person doing business and drawing social security benefits whose
gross receipts do not exceed the maximum income allowed by Title 42, U.S.
Code, Sections 403 (f) (3), as presently written or as amended.
3.28.800 No license transferable--Amended license for changed loca-
tion or owner. No license issued pursuant to this chapter is transferable;
provided that, where a license is issued authorizing a person to carry on a
business at a particular place, such licensee may, upon application therefor
and paying a fee of five dollars, have the license amended to authorize the
carrying on of such business at some other location to which the business is
or is to be moved. Change of ownership must be recorded by filing of applica-
tion and payment of a five dollar fee. Change in the name of the business
must be recorded by filing of application and payment of a five dollar fee.
3.28.820 Duplicate license. A duplicate license may be issued by the
collector to replace any license previously issued under this chapter which
has been lost or destroyed upon the licensee filing statement of such fact
and, at the time of filing such statement, paying to the collector a fee of
five dollars for such duplicate license.
3.28.840 Refunds. No license fee collected under the provisions of
this chapter shall be refundable in any manner, except that if the licensee
shall establish to the satisfaction of the collector that he has overpaid his
license fee and, within a period of one year from the day on which the over-
payment was made, files with the collector a claim for refund of such over-
payment, the collector may refund the amount so overpaid.
3.28.860 Posting and keeping licenses. Any licensee transacting and
carrying on a business at a fixed place of business in the city shall keep a
license posted in a conspicuous place upon the premises where such business
is carried on. Any licensee transacting and carrying on business but not
operating in a fixed place of business in the city shall keep the license
upon his person at all times while on such business in the city.
3.28.880 Enforcement. (a) It shall be within the authority of the
collector to enforce each and all of the provisions of this chapter. The
Chief of police shall render such assistance in the enforcement hereof as may
from time to time be required by the collector.
(b) The collector and each and all of his assistants and any police
officer shall have the power and authority to enter, free of charge, and at
any reasonable time, any place of business required to be licensed under this
chapter, and demand an exhibition of its license certificate. Any person
having such license certificate theretofore issued in his possession or under
his control who wilfully fails to exhibit the same on demand is guilty of an
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000303
infraction and subject to the penalties provided for by the provisions of this
Code. It shall be within the authority of the collector and each of his
assistants to cause a complaint to be filed against any and all persons found
to be violating any of the provisions of this chapter.
(c) All persons subject to the provisions of this chapter shall keep
complete records of business transactions, including sales receipts, purchases
and other expenditures, state and federal income tax returns, including sched-
ules and records included in such returns. Such persons shall retain such
records for examination by the collector and maintain them for a period of at
least three years. No person required under this section to keep records
shall refuse to allow authorized representatives of the collector to examine
said records at reasonable times and places.
3.28.900 Appeals. Any person aggrieved by any decision of the col-
lector with respect to the issuance or refusal to issue such license may
appeal to the city council pursuant to the provisions of Sections 2.04. 100
et seq. of this Code.
3.28.910 Waiver or reduction of taxes or penalties by city council.
The city council, for good and satisfactory cause shown, may order the issuance
of a license for less that the fees herein provided or without the payment of
any fee whatsoever.
3.28.920 Rules and regulations. The collector may make such rules and
regulations not inconsistent with the provisions of this chapter as may be
necessary or desirable to supplement or clarify such provisions or aid in
their enforcement. Such rules and regulations shall be known as "Business
License Rules and Regulations," shall be placed in written form and numbered
consecutively, and shall be approved by the city attorney before becoming
effective. A copy of each such "Business License Rules and Regulations"
shall be filed with the city manager and with the city clerk.
3.28.940 Remedies cumulative. All remedies prescribed under this
chapter shall be cumulative and the use of one or more remedies by the city
shall not bar the use of any other remedy for the purpose of enforcing the
provisions of this chapter.
SECTION 2. SEVERABILITY. If any section, subsection, sentence, clause or
phrase of this ordinance is for any reason held illegal, invalid or uncon-
stitutional by the decision of any court of competent jurisdiction, such de-
cision shall not affect the validity of the remaining portions hereof. The
Council hereby declares that it would have passed this ordinance and each
section, subsection, sentence, clause, and phrase hereof, irrespective of
the fact that any one or more sections, sub-sections, sentences, clauses, or
phrases be declared illegal, invalid or unconstitutional. The invalidity of
any portion of this ordinance shall not abate, reduce or otherwise affect any
consideration or other obligation required of the grantee of any license
L granted hereunder.
SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and
effect thirty (30) days after passage.
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000309
SECTION 4. POSTING. The city clerk shall within 15 days after the passage
of this ordinance, cause it to be posted in at least the 3 public places
designated by resolution of the City Council; shall certify to the adoption
and posting of this ordinance; and shall cause this ordinance and its certi-
fication, together with proof of posting, to be entered in the book or ordin-
ances of this City.
The foregoing ordinance was approved and adopted at a meeting of the City
sW
Council held September 1 , 1982, by the following vote:
Ayes: Councilmembers Krings, Martin, Smith and Mayor Pro Tem. Case
Noes: None
Absent: Mayor Murphy
0.,,,,,____)
YOR i'P Z•9 l:71
ATTEST:
72a/fr /47 ",/722/
CITY CLERK
APPROVED AS TO FORM: ' ' •ROVEll AS T; CONTENT:
Zit;st--- f „
ACLed tr■,. ,,,,.41.
TY ATTORNEY CI'Y MANA' R
I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE
NO. 3 1 WAS DULY ADOPTED BY THE CITY COUNCIL
OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, IN A / /
MEETING THEREOF HEI..G (?P' THE I It" DAY OF It!
1982, AND THAT SAME iliS POSTED IN AT LEAST T E REE
PUBLIC PLACES SPECIFIED FOR SUCH POSTINGS, BY THE SAID
CITY COUNCIL
L . : 40/
//1/i.-(/G' .- 4-
CITY CLERK
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