SR-051496-8A
C'\f~nance\treasury\busl~c7
C~ty Council Meeting 5-14-96
Santa Honiea,
8A.
HAY 1 4 1996
Ca11fornia
.
.
TO: Mayor and Clty Council
FROM C~ty Staff
SUBJECT: Ordlnance for Introductlon and FJ..rst Reading Amending the
Santa Monica Munlcipal Code Regard~ng Business Llcenses
and Regulatory Restrlctlons on BUslness Actlvitles
INTRODUCTION
This report recommends the lntroductlon and flrst readlng of an
ordlnance arnendlng the Santa Mon~ca Munlcipal Code regardlng
business
llcense
and
regulatory
restr~ctlons
on business
activ1ties
BACKGROUND
The proposed ordinance updates and clarlfies various sectlons of
the Bus1ness, ProfesSlons and Trades Section of the Code It
properly cross-references other Code sect10ns relatlng to buslness
llcense and regulatory restrlctions. It adds bowllng, bllllards &
pool halls, telemarket1ng, tow truck operators and valet park~ng to
the 11st of bus~ness actlvlties required to obta~n a pollee permlt
and pay the eX1stlng requ~red $44 fee
Upon adopt1on of the
proposed ordlnance, staff ".-111 return to Councll to reVlse the
resolut1on settlng pollce perm1t fees.
F lnally , the proposed
ordlnance clarlfles Code Sectlons pertalnlng to Separate Llcense
for Each Place of Buslness, Auto Dealers, Rental of Non-ReSldential
1
MAY t It 1996
8A
Property and Rental of ReSldentlal PropertYr Retall Businesses and
Speclal Events.
The attached proposed ordlnance was prepared by the staff of the
Clty Attorney's Offlcer the TreasurYr and the Pollce Department
The Plannlng and Communlty Development Department was also
consulted
The proposed ordlnance was inltlally introduced for flrst readlng
at the Clty CounC11 meetlng of Aprll 9, 1996. At that tlmer one of
the Clty'S auto dealers objected to the wording of Sectlon 6.08 050
concernlng the llcenslng requirements for auto dealers. Based on
the auto dealer's testlffiony of Aprll 9, 1996, a reVlew of
subsequent correspondence from the auto dealer's attorney, and a
meetlng on Aprll 22, 1996 wlth the Auto Dealers' Task Force of the
Santa Hanlca Chamber of Commerce, Section 6 08.050 has been revised
to more accurately reflect the Clty'S long-standlng POllCY
concerning the licenslng of auto dealers.
PROVISIONS REGARDING AUTO DEALERS
The proposed ordinance clarlfles the existlng reql.urement that
buslnesses obtaln separate buslness llcenses for each bUSlness
locatlon. ]>._s applied to auto dealers f these requlrements mean that
dealers selllng new vehicles would be requlred to obtain a separate
llcense for each of ltS dealershlps ("dealershlp" deflned as a
separate franchlse as that term lS defined In the State Hotor
2
Veh1cle Code) even 1f two or more of 1tS dealersh1ps operate at the
same locat1cn The gross rece1pts from a new veh1cle dealersh1p
includes the sale of parts, ma1ntenance, repa1rs and used vehicle
activ1t1es assoc1ated w1th that dealersh1p, and a separate buslness
l1cense w111 not be requ1red regardless of the number of locations
va th1n the C1 ty for a speclflc dealershlp The auto dealer
requlrements as applled to used vehicle dealers requ~re that each
used vehlcle dealer obtain one buslness llcense, regardless of the
number of locatlons of that dealer
These auto dealer requlrements are more favorable than the
requ~rements of surroundlng jurlsdlct~ons ~n that the surroundlng
Jurlsdlctlons require separate bus~ness llcenses for each separate
location, even if under the same dealersh~p.
OTHER PROVISIONS
The sectlons on the Rental of Non-ReSldential Property and Rental
of Res~dential Property ~nclude technlcal term~nology changes whlch
explaln that any ent1ty whlch rents, leases, subleases or llcenses
cornmerclal or ncn-commerclal property 15 required to obtaln a
buslness llcense
The sectlon on retall businesses deletes the language pertalnlng to
"ltlnerant peddler" as this actlvlty lS regulated under Chapter
6 32 The sectlon on Speclal Events deflnes promoter and adds the
category of special sales of goods or serv~ces ThlS sectlon also
3
requlres that each particlpant In a Special Event obtaln a separate
buslness license appropriate to the category of business In which
the partlclpant engages at the Speclal Event.
The proposed ordinance adds Chapter 6.14, entl tIed "Regulatory
Restrictlons on Deslgnated Buslness Activltles," vJ'hlch renumbers,
amends and clarlfles eXlstlng sections. This Chapter sets forth
whlch buslness actlvltles are requlred to obtaln pollce permlts,
breaklng them down lnto the categorles of Recreatlon and
Entertalnment Activltles, Retall BUSlness Actlvities, Service
BUSlness Actlvltles, Speclal Event Business Activlties, and
TaXlcabs.
Chapter 6 14 also adds regulations concernlng vending machlnes
Under the revlsed regulatlons, the pollce would be authorlzed to
seal vendlng machlnes for WhlCh the proper llcense fee has not been
paid The pollce ',vould be authorized to impound any vendlng
machlne when a llcense fee 18 not pald by the o\~er wlthln 30 days
of receipt of notice that the fee has not been pald
Chapter 6 14 also clarlfies that the Clty'S amusement zones
conslsts of the "Promenade" and the Santa l10nlca Pler.
Chapter 6.32 080 of the Code increases from $ 50 to $25 00 the
J..ssuance fee that any person who is exempt from the buslness
llcense tax ln accordance wlth the Interstate Commerce Act must
4
pay. The rev1sed fee reflects the actual cost of lssu1ng the
perm1t
Sect10n 6 36 04 requl.res vendors to prov1de proof of 1nsurance
coverage sat1sfactory to the Cl.ty 1n order to obtain a vending
perm1t.
Chapter 6 46 of the Code ent1tled "Restrlctions on L1quidatlon and
'Going Out of BUS1ness' Sales" l.ncorporates and rev~ses sect10ns
prevlously contalned in another Chapter Throughout the Chapter
changes are made to clarify that the D1rector of Finance 1S the
ent1ty from whom appl1cants may obta1n a permlt Appl1cants are
requlred to select the duratlon of the sale and agree to pay the
applicable permlt fee which would be set at the rate of $120 for a
30 day or less sale and $240 for a sale of between 31 and 60 days
ThlS proposed change would replace the current $350 depos1t
requ1rement for hirlng an outslde aud1tor to audlt thelr inventory
and collect the C1ty fee of one percent of the sales made each week
of the sale, Wh1Ch 15 llm1ted to 45 days
The regulat1on5 regard1ng tax1cabs, Wh1Ch are conta1ned 1n Chapter
6 48 of the Code, change the term "11.mOUS1ne" to "veh1cle"
throughout the regulat10ns Incorporated ~nto th1S sect10n lS the
requ1rement that outstanding park1ng t1ckets and related penalties
and fees be pa1d prior to the 15suance of a decal. Th1S 15
cons1stent w1th the procedures for 1ssuing preferent1al parklng
5
permits.
Also, thlS sectlon adds that vehlcle decals are not
transferable.
The ordlnance makes several technlcal changes to the Code VarlOUS
sectlons are deleted because they were renumbered and incorporated
1nto the proposed ord1nance In add1t1on, changes have been made
throughout to change references from the D1rector of General
Serv1ces to the Dlrector of Env1ronmental and Publlc Works
Management Language In various sect10ns is amended to make 1t
gender neutral.
C1ty staff has presented the proposed ordlnance to the Executive
Director of the Santa Mon1ca Chamber of Commerce. The Chamber of
Commerce has expressed no lssues or concerns 'Va th the attached
ord1nance
BUDGET/FINANCIAL IMPACT
At th1S t1me, 1t 15 not posslble to estlmate addltlonal Clty
revenues resultlng from the adoption of th1S ord1nance. Therefore,
no budget changes are recommended.
6
RECOt~lENDATION
It lS respectfully recommended that the accompanying ordlnance be
lntroduced for flrst readlng.
PREPARED BY
Mlke Dennls, Dlrector of Flnance
Llnda A Moxon, Deputy Clty Attorney
Ralph Bursey, Clty Treasurer/Revenue Manager
Debby Sowers, Buslness Llcense, Perrnlt and
Parklng Citatlon Supervisor
Marsha Jones Moutrle, Clty Attorney
Claudla Thompson, Legal Admin. Staff Asst
7
CA:f\atty\muni\laws\mox\busines2.all
city Council Meeting 5-14-96 Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL- OF--THE CITY
OF SANTA MONICA REPEALING EXISTING.CHAPTERS 6.20 AND 6.24,
AMENDING, REPEALING OR ADDING VARIOUS SECTIONS OF
CHAPTERS 6. 04, 6 . 08 , 6 . 16 , 6 . 28 1 6. 32 , 6 . 3 6 , 6. 44 1 6. 48 ,
6.84,6.88 AND 6.92 AND ADDING NEW CHAPTERS 6,14 AND 6.46 TO
ARTICLE 6 OF THE SANTA MONICA MUNICIPAL CODE RELATING TO
REGULATORY RESTRICTIONS ON BUSINESS ACTIVITIES
SECTION 1.
section 6.04.060 of Chapter 6.04 of the Santa
Monica Municipal Code is amended to read as follows:
6.04.060
Separate license for each place
of business.
Except as otherwise provided in section
6.08.050 (pertaining to Auto Dealers), a
separate license must be obtained for each
branch establishment or separate place of
business, in which business is conducted. Each
license shall authorize the party obtaining it
to operate only that business described in
such license and only at the location or place
of business which is indicated thereby.
1
SECTION 2. section 6,04.300 is added to Chapter 6.04 of the
Santa Monica Municipal Code to read as follows:
6.04.300 operation of 1995 Business
License Tax Amendments.
The repeal of code sections set forth in
Chapters 6.20 and 6.24 of the Santa Monica
Municipal Code shall not in any manner affect
the prosection for violations thereof, if the
violations were commi tted prior to the
effective date of this Ordinance repealing
these Sections, and shall not affect any
~ prosecution or action which may be pending in
any court for the violation of these sections.
As to any violation or as to any such
prosecution or pending prosection or actions,
the sections in effect prior to the adoption
of this Ordinance shall be deemed to continue
and be in full force and effect. The repeal
of these Sections shall not in any manner
affect the collection of any taxes or fees due
prior to the effective date of this Ordinance.
As to the collection of any such tax or fee,
the sections in effect prior to the adoption
of this Ordinance shall be deemed to continue
in full force and effect.
2
SECTION 3.
section 6,08.050 of Chapter 6.08 of the Santa
Monica Municipal Code is amended to read as follows:
6.08.050
Auto dealers (Tax Rate Group
II).
This business classification is in Tax
Rate Group II and applies---to --the buying I
selling, or offering for sale, of new or used
automobiles, trucks, vans, trailers, house
trailers, or campers, including parts and
accessories, and any maintenance and repair
services for such vehicles.
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SECTION 4.
section 6.08.120 of Chapter 6.08 of the Santa
Monica Municipal Code is amended to read as follows:
6.08.120
Rental
of
non-residential
property (commercial property)
(Tax Rate Group I).
This business classification is in Tax
Rate Group I and applies to any person, group,
association, partnership, firm, corporation or
other entity (whether as the owner or an agent
for
the
owner,
a
lessee,
sublessee
or
4
licensee) which rents, leases, subleases or
has available for rent, lease, sublease or
license, any commercial building, industrial
building, office or office building,
structure, land or vacant lot that may be
utilized for commercial, industrial, office or
storage uses. Gross receipts for this business
classification shall include 100% of gross
receipts from the rental, leasing, subleasing
or licensing of commercial property located in
the City of Santa Monica. A separate business
license shall be required for each such
commercial rental property.
SECTION 5. section 6. 08. 130 of Chapter 6. 08 of the Santa
Monica Municipal Code is amended to read as follows:
6.08.130 Rental of residential property
(apartment, hotel, motel,
rooming house, trailer court,
auto court) (Tax Rate Group I).
This business classification is in Tax
Rate Group I and applies to any person, group,
association, joint venture, partnership, firm,
corporation or other entity (whether as the
owner, or an agent of the owner), which
rents, leases, subleases, licenses or has
5
available for rent, lease, sublease or
license, accommodations in more than three (3)
units for residential use where such units are
located on the same or an adjoining property.
For purposes of this business
classification, a living unit for residential
use shall include, without limitation, an
apartment, hotel or motel room or suite,
rooming house, trailer court, auto court or
other accommodations.
Gross receipts for this business
classification shall include 100% of gross
receipts from the rental of accommodations in
any of the types of property described herein.
Gross receipts shall also include: (i) all
monies received for the rental of furniture,
equipment, appl iances , and garages, parking
and/or storage space; (ii) all monies received
for payment of utility charges attributable to
the accommodations; and (iii) all monies
received in connection with providing
additional amenities, including, but not
limited to washer/dryer facilities.
SECTION 6. Section 6. 08. 140 of Chapter 6.08 of the Santa
Monica Municipal Code is amended to read as follows:
6
6.08.140 Retail (Tax Rate Group I).
This business classification is in Tax
Rate Group I and applies to the selling of any
goods, wares, or merchandise at retail, and
not otherwise specifically licensed by other
provisions of this Code.
SECTION 7. Section 6.08.150 of Chapter 6.08 of the Santa
Monica Municipal Code is amended to read as follows:
6.08.150 services (Tax Rate Group III).
This business classification is in Tax
Rate Group III and applies to the selling or
providing for pay any service which is not
otherwise specifically licensed by other
provisions of this Code. The services referred
to herein include, but are not limited to, the
following:
1. Advertising.
2. Alarm.
3. Ambulance (police permit required).
4. Animal care or leasing.
5. Appraiser.
6 . Assayer.
7. Auctioneer (police permit required) .
8. Auction house (police permit
required) .
7
9. Auto maintenance and/or repair.
10. Auto parks (parking) (police permit
required).
11. Auto service station (exclusive of
retail sales of gasoline and diesel fuels, and
any products, parts, or accessories, which are
subject to a business license fee for retail
sales under Section 6.08.140 above).
12. Auto wash and detailing.
13. Auto wrecking (police
required).
14. Barber shop, beauty parlor.
15. Bath house or treatment (police
permit required).
16. Bookkeeping.
17. Booking or theatrical agent.
18. Bus sightseeing.
19. Caterer.
20. Check cashing.
21. Cleaning service
cleanup for commercial,
residential properties,
washing).
22.
permit
(janitorial and
industrial, and
including window
23.
24.
Cleaning (laundry and dry cleaning).
Collection agency.
Commercial Artist.
8
25. Consultant.
26. Credit reporting.
27. Cutlery grinding.
28. Data processing.
29. Decorator.
30. Dental technician or hygienist.
31. Designer.
32. Draftsman.
33. Drugless practitioner.
34. Employment bureau and/or business
for provision of labor services (whether such
employment or labor services are permanent or
temporary) .
35. Figure studio (police permit
required) .
36. Gardening and landscaping.
37. Hairdressing salon, hairdresser.
38. Health club, gym, figure salon
(police permit required).
39. Herb doctor, herbalist (police
permit required).
40. Hypnotist, hypnotherapist.
41. Illustrator.
42. Instructional schools and
institutions.
43. Letter writing or addressing.
9
44. Lithographer.
45. Loans.
46. Manicurist.
47. Massage establishment (police permit
required.)
48. Massage technician (police permit
required) .
49. Mortuary, mortician.
50. News bureau.
51. Physical therapist.
52. Odor and/or pest control.
53. Pawnbroker (police permit required) .
54. Private investigation, patrol and/or
security services.
55. Public relations, publicity,
publicist.
56. Public stenographic service or
certified court reporter.
57. Rental or leasing of vehicles,
equipment, or other personal property.
58. Repair service of any type.
59. Research firm.
60. storage or warehouse facilities.
61. Tailors or dressmakers.
62. Telephone answering service.
63. Ticket reservation service.
10
64. Tree care.
SECTION 8. section 6.08.200 of Chapter 6.08 of the Santa
Monica Municipal Code is amended to read as follows:
6.08.200 special event (Tax Rate Group
VI).
This business classification is in Tax
Rate Group VI and applies to promoters of any
recreation,
entertainment,
cultural,
and
educational events and exhibitions which are
conducted from a non-permanent location and
for limited periods of time. Included in such
classification without limitation are sporting
events/competitions, circuses, carnivals,
trade shows, and special sales of goods or
services.
For purposes of this classification,
promoter shall mean any person or entity who
organizes, sponsors or administers any
activity classified in the category of Special
Event. In addition, any persons or entities
which are participants in a Special Event
(except employees of the promoter of the
special Event) shall obtain a separate
business license appropriate to the category
11
of business in which the participant engages
at the special Event.
All promoters and participants in a
Special Event shall be subject to the business
license requirements described in this Chapter
regardless of whether the Special Event is
carried on for profit or for charitable
purposes.
Notwithstanding the above, all events
held at the Civic Auditorium, including
sporting events/competitions, circuses,
carnivals and trade shows, shall not be
subject to business license fees but shall be
required to obtain any other permits required
by this Code.
SECTION 9. Chapter 6.14 is added to Article 6 of the Santa
Monica Municipal Code to read as follows:
CHAPTER 6.14,
REGULATORY RESTRICTIONS ON
DESIGNATED BUSINESS ACTIVITIES
6.14.010 Inapplicability to businesses
exclusively requlated by state.
The regulatory provisions of Article 6 of
this Code are not intended to be, and shall
not be, applicable to any occupation or
12
business which the state of California
exclusively regulates.
6.14.020 Police permits required for
designated business acti vi ties.
Any person or entity conducting any
business activities described in
A.
the
of
sections 4.32.150, 6.14.040, 6.14.050,
6.14.060, 6.14.070 and 6.14.080 of this Code
shall first obtain a permit to conduct such
business from the Chief of Police prior to
engaging in any such activities within the
City. In order to obtain such a permit, a
written application shall be filed with the
Chief of Police, which application shall
contain a statement of intention as to the
location and extent of the premises, if any,
to be occupied, and in addition, such
application for a permit to engage in any of
the businesses requiring a permit shall
contain the name of any person financially
interested in the business in any manner.
B. The Chief of Police, within a
reasonable time after submission of such
application, shall conduct an investigation,
in such manner as he or she deems appropriate,
in order to ascertain whether such permit
13
should be issued as requested. The Chief
shall issue such permit as requested unless,
as a result of said investigation, he or she
finds by a preponderance of the evidence, any
of the following:
(1) The business will be in violation of
any laws or ordinances if permitted in the
location requested in the application; or
(2) The applicant, including but not
limited to, the applicant's employees directly
engaged in the activity has, within five (5)
years of the date of application, been
convicted of any crime which is substantially
related to the qualifications, functions, or
duties of the business or profession for which
application is made. A conviction within the
meaning of this action means a plea or verdict
of guilty or a conviction following a plea of
nolo contendere; or
(3) Any applicant, or employee of the
applicant directly engaged in the activity,
has, within five (5) years of the date of the
application, committed an act which, if done
by a licensee or permittee under this Chapter,
would he grounds for suspension or revocation
of a license or permit; or
14
(4) Any applicant, or employee of the
applicant directly engaged in the acti vi ty ,
has, within five (5) years of the date of
application, committed an act involving
dishonesty, fraud, or deceit with the intent
to substantially benefit himself, herself or
another or substantially to injure another, or
an act of violence, which act or acts are
substantially related to the qualifications,
functions, or duties of the business or
profession for which application is made; or
(5) The applicant has knowingly and
with the intent to deceive made a false,
misleading or fraudulent statement of fact to
the city in the application process.
C. The Chief of Police may develop
criteria to aid him or her when considering
the denial, suspension, or revocation of a
license or permit to determine whether a crime
or act is substantially related to the
qualifications, functions, or duties of the
business or profession for which application
is made. Such criteria, if developed, shall
contain provisions for granting the
application of any person convicted of a
felony provided the applicant has obtained a
15
certificate of rehabilitation under Penal Code
Sections 4852.01 et seq., or if a misdemeanor,
that the applicant establishes to the
satisfaction of the Chief of Police that he or
she is rehabilitated.
D. When the Chief of Police finds from
the investigation that any of the facts
specified above are present, he or she shall
decline to issue the requested permit within
thirty (30) calendar days from the date of the
permit application. Any decision of the Chief
of Police with respect to the denial or
conditional approval of any such permit shall
be subject to an appeal by the aggrieved
applicant, provided that the appeal is taken
within the time and in the manner set forth in
sections 6.16.00 et seq. of this Code.
E. The Chief of Police may condition the
issuance of any permit to insure compliance
with this Chapter and other applicable laws.
F. Upon approval of an application by
the Chief of Folice, the applicant shall pay
the amount of the license fee required
hereunder to the Director of Finance, who then
shall issue the license provided for in this
Code.
16
G. permi ts issued hereunder shall be
effective for the same period as the license
issued pursuant to such permi t. Upon the
expiration of the permit, an application for
renewal shall be filed in a like manner as an
application for an original permit, and such
renewal permit shall be granted only when the
requirements for the issuance of an original
permi t are met. Fermi ts issued hereunder
shall not be assignable or transferable in any
manner.
6.14.030
Amusement Zones.
No person shall carryon, conduct, or
manage any game of amusement or game of skill
for commercial or mercantile purposes as his
or her principal business within the corporate
limits of the city, other than that area
laying within the following boundaries:
That certain area of the City located
along the beach front public way commonly
known as "The Promenade" and that certain area
consisting of the Santa Monica pier, provided
that any such game of amusement or skill shall
be consistent with the zoning regulations for
the Residential visitor commercial District.
17
The amusement games, or games of skill,
referred to herein shall not include those
games now being conducted, operated, or
managed, or hereafter licensed within the City
known as "Marble Games, Pool, Billiards, and
Bowling."
This Section shall not be construed as
preventing the licensing of other games in
business establishments where such game or
games are purely incidental to, and not the
main business therein conducted.
Nothing in this Section shall be
construed as licensing or permitting the
carrying on, conducting or managing of any
amusement game or game of skill, which is
carried on, conducted or managed for
commercial or mercantile purposes, which is in
violation of any laws of the state of
California or the Code of the city.
18
Recreation
activities
permits.
The following
entertainment activities
6.14.040
and entertainment
requiring police
recreation and
require a police
permit:
(a) Arcade. Any general enclosure in
which is operated or exhibited any skee ball,
bowling, video game, or any other amusement
instrument, game, device, or machine.
(b) Bowling, Billiard and Pool Halls.
(c) Dance Hall. A place where the
business of holding or conducting public
dances is regularly carried on and where a fee
is charged. For purposes of this Code, a
dance hall does not include a place where
dancing is held or conducted at an otherwise
lawful bar or restaurant even though a fee or
cover charge may be required.
The holder of a license to conduct the
business of a public dance hall shall not be
required to procure any additional license to
conduct a dancing academy in the event that
such dancing academy is conducted at the same
location and under the management of said
pUblic dance hall.
19
The licensee or his or her agent shall
employ the number of police officers deemed
necessary by the Chief of Police to properly
preserve the public health, peace, and safety
in said dance hall during the hours said dance
hall is open. Each police officer so employed
shall be paid the maximum prevailing wage for
special work as established by the City
Council. The police officers shall be under
the direction and control of the Chief of
Police. Restrictions on operating a public
dance hall are set forth in detail in Chapter
6.84, Sections 6.84.010 through 6.84.180 of
Article 6 of this Code.
(d) Fortune Telling. Except upon the
Santa Monica pier where, if duly licensed
under the provisions of this Code, a person
may engage in fortune telling for amusement
purposes, no person shall carryon, practice,
or profess to practice the business or art of
astrology, palmistry, phrenology, life
reading, fortune telling, cartomancy,
clairvoyance, clairaudience, crystal gazing,
mediumship, oriental mysteries, spirit
photography, spiritwriting, spirit voices,
spirit materialization, etherealization,
20
numerology,
physiognomy,
psychometry,
seership, prophecy, augury, divination, magic
or necromancy, or other similar art or
business, and demand or recei ve directly or
indirectly, a fee or reward, or accept any
donation for the exercise or exhibition of
this art therein, or give an exhibition
thereof at any place where an admission fee,
donation, or reward is charged or received,
directly or indirectly.
(1) Prohibited Acts. No person shall,
by means of occult or psychic powers,
faculties, or forces, spirits, cards,
talismans, charms, potions, magnetism, or
magnetized articles or substances, oriental
mysteries or any craft or art described in the
preceding section purport to or find or
restore lost or stolen property, locate oil
wells, gold or silver or other ore or metal or
natural product, restore lost love or
friendship or affection, unite or procure
lovers, husbands , wives, lost relatives or
friends, or by such means give any counseling
or advice whatsoever, and demand or receive
directly or indirectly a fee or reward or
accept any donation therefor.
21
(2) Advertising I llegal Acts. No person
shall advertise by sign, circular, handbill,
or in any newspaper, periodical, or magazine,
or other publication or publications, radio,
television, or by any other media or means,
that he or she will do anything which is
prohibited by subsection (d) above.
(e) Rides Manual, Electrical, or
Mechanical Operated.
(f) Shooting Gallery.
(g) Skill Games, Machines, and Amusement
Devices. Manual games of skill, mechanical
and electrical machines, pool tables, shuffle
alleys, bowling, video, or similar games of
amusement or skill.
6.14.050 Retail Business Activities
Requiring Police Permits.
The following retail business activities
require a police permit:
(a) carnival Merchandise Sales. Selling
upon public or private property, any flags,
banners, balloons, canes, horns, trumpets,
musical or noisemaking instruments, toys,
buttons, badges, confetti, or souvenirs of any
kind.
22
(b) Drive-in Restaurant. For purposes
of this Section, Drive-in Restaurant shall be
defined as a business establishment offering
food and beverage service which includes
waiter or waitress service carried to vehicles
parked at such business establishment. No
person shall operate or cause to be operated
any drive-in restaurant between the hours of
10:00 p.m. and 6:00 a.m. of the following day
without first securing a permit from the Chief
of Police. The Chief of Police may suspend or
revoke the permit provided for in this section
upon the grounds stated in section 6.14.090 of
this Code and upon the further ground that the
operation of the business during the hours
permitted has resulted in disturbing the peace
and quiet of the neighborhood where such place
of business is located.
(c)
(d)
(e)
Entertainment in Bar or Restaurant.
Firearm Sales.
Peddler. Restrictions on peddlers
forth in Article 6, Chapter 6. 32 ,
6.32.010 through 6.32.110 of this
are set
Sections
Code.
(f) Recyclable Dealer. Any person
having a fixed place of business in the City
23
and engaging in the business of buying,
selling, or otherwise dealing in, either
wholesale or retail, any recyclable goods or
old rags, sacks, bottles, cans, papers,
metals, automobiles or bicycles, which are
collected, bought, sold or otherwise dealt in
after being dismantled or taken apart, or
other articles commonly known as
"recyclables.n
(g) Secondhand dealers. Restrictions on
secondhand dealers are set forth in Chapter
6.88, sections 6.88.010 through 6.88.150, of
Article 6 of this Code.
(h) So 1 ici ta tion of Bus ines s.
Restrictions on solicitation of business are
set forth in Chapter 6.32, Sections 6.32.010
through 6.32.110 of this Code.
(i) Telemarketing sales of goods.
(j) Vending. Restrictions on vending
are set forth in Chapter 6.36, sections
6.36.010 through 6.36.110 of this Code.
24
service Business Activities
Requiring Police Permits.
The following service business activities
require a police permit:
(a) Ambulance Service.
(b) Auctioneer. Auctioneer,
6.14.060
sale at
property.
(c) Auction House.
auction
of
any
real
for the
personal
or
Auction house
wherein any real or personal property is sold
at auction.
(d) Auto Parks. Automobile storage or
parking space upon any lot or parcel of land
or in any structure designed or used for paid
parking or storage of motor vehicles. No fee
shall be required for parking lots or
structures designed and used exclusively for
free parking or storage in connection with any
commercial or industrial operation and in a
district in which such off-street parking is
permitted under the provisions of Article 9 of
this Code.
(1) Auto Parks, Application. Before any
permit or license may be issued, the applicant
shall file an application with the Chief of
Police showing plats and plans of the parcel
25
of land or structure to be used for automobile
parking indicating, but not limited to, the
following:
a. Boundaries.
b. Adj oining houses, apartment
houses, and structures of any nature whatever.
c. Number of square feet for the
parking of automobiles.
d. Actual layout of parking
spaces, to scale. The layout of parking spaces
shall conform to the City's current parking
standards. Dimensions for all parking stalls,
aisles, and dri veways must be shown on the
parking layout.
e. Interior traffic patterns, with
the direction of traffic flow indicated by
arrows in aisles and driveways.
f. Schedule of prices to be
charged.
The application shall be referred to the
ci ty Parking & Traffic Engineer, who shall
approve, disapprove, or amend the proposed
arrangement with respect to compliance with
the provisions of this Code relating to
construction standards and the location of
points of ingress from or egress to public
26
streets. Upon approval by the City Parking &
Traffic Engineer, the Chief of Police may
issue a permit for the conduct of such auto
storage or parking operation.
(2) Auto Park Signs. Every person
carrying on the business of the storage or
parking of automobiles shall post signs in
conspicuous places or at the point of entrance
indicating the rates to be charged for
services rendered and the hours of attendant
operation. Such signs shall comply with the
provisions of Article 8, Chapter 8.20, of this
Code, and also with the following regulations:
Letters and figures on such signs indicating
the rate to be charged shall be not less than
6 inches in height with a I-inch stroke width.
When different rates are to be charged for
varying lengths of time parked, the rate for
the first increment of time shall be displayed
in letters not less than 6 inches in height
with a I-inch stroke width. Rates to be
charged for the second and successi ve time
increments shall be displayed in letters not
less than 3 inches in height with a stroke
width of 3/4 inches. No rates or time
increments shall be posted in letters smaller
27
than one-half the size of the largest letters
used on any sign to denote time or rate
increments. Figures and letters displaying
the name of the operator, or permittee, and
the hours of operation shall be displayed in
letters not less than 2 inches in height with
a 1/4 inch stroke,
(3) Validated Parking. When parking is
permitted on any lot for any period of time at
no charge to the customer, with or without the
validation or endorsement of a parking ticket
or receipt by one or more third party
participants, signs may also state the words
"FREE PARKING" or "FREE PARKING WITH
VALIDATION," provided that:
a. The letters of any such words
shall not be less than 6 inches in height.
b. When used, the words "WITH
VALIDATION" shall not be less than 3 inches in
height.
c. The sign shall clearly state,
in letters not less than 3 inches in height,
the amount of time such free or validated
parking provides.
(4) Auto Park Barriers. No person shall
park any automobile where any portion of such
28
vehicle extends over any public right of way.
Guard rails or other barriers shall be placed
on the parking lot to prevent automobiles from
passing over any portion of the public right
of way other than a driveway expressly
designed for the movement of vehicles. Types
and design of guard rails or barriers shall be
subject to the approval of the city Parking &
Traffic Engineer.
Wheel stops not less than 6 inches in
height and of a type and design approved by
the City Parking & Traffic Engineer shall be
placed not less than 3 feet from any adjacent
property where vehicles, in accordance wi th
the design submitted by the applicant, can
only head into the designated parking space.
Such stalls shall have signs in each parking
space reading "Head in Only." Where vehicles
will back into the designated stalls, as
indicated on the plot and plan required in
Section 6.14.040(d) (1), such wheel stops shall
be located not less than 5 feet from side
property lines. When, in the opinion of the
city Parking & Traffic Engineer, a particular
hazard may exist to adjacent buildings or
property, guard rails of a type and design
29
approved by the City Parking & Traffic
Engineer may be required to be installed.
Where guard rails are required, no portion of
the guard rail shall be installed nearer than
6 inches from such adjacent property or
buildings, and wheel stops shall not be
required.
(5) Auto Parks, Soliciting, surfacing,
Etc. No person operating a parking lot or
space, shall solicit patronage by standing on
the streets or sidewalks and requesting
members of the public to use the parking lot
or space.
Plank entrances or exits shall not be
allowed, except on special permit from the
city Parking & Traffic Engineer.
No person shall back out of parking lots
into the street.
The entire surface of every licensed
public parking space, licensed public parking
lot, or parking lot operated in connection
with a commercial or industrial building or
operation in which free parking is provided
for clients, customers, employees, or tenants,
shall be covered and paved with an application
of asphalt concrete with a minimum thickness
30
of two (2) inches, or Portland cement concrete
with a minimum thickness of six (6) inches.
However, if any lot has, as of the effective
date of this Ordinance, a surface consisting
of liquid asphalt, decomposed granite, or
gravel, and said surface does not I in the
opinion of the city Parking & Traffic
Engineer, constitute a dust or mud nuisance,
the lot shall not be required to be paved as
described above until the surface thereof
does, in the opinion of the city Parking &
Traff ic Engineer, consti tute such a dust or
mud nuisance, or until the expiration of
twelve (12) months from the effective date of
this Ordinance, whichever occurs first.
Every provision of sections
6.14.040(d) (1) through 6.14.040(d) (5) of this
Code shall apply equally to parking lots or
structures in which a fee is charged and to
those in which free parking is provided for
clients, customers, employees or tenants of
commercial or industrial buildings or
operations except that no license fee shall be
required where no charge is made to any person
for parking.
(e) Auto Wrecking.
31
(f) Bath House or Bath Treatment.
(g) Dance Academy or School,
(h) Figure Studios.
(1) Purpose. The purpose of this
section is to regulate, in accordance with the
public interest, the operation within the city
of studios as defined in this Section, wherein
bonafide artists and art students may practice
and develop their talents in portraying the
human form, subject to such controls as will
prevent the operation of such studios as
places which appeal primarily to the prurient
interest of members of the public.
(2) Definitions. As used in this
Section, the following words shall mean:
a. ' Studio' . Any premises
where there is conducted the business of
furnishing or providing or procuring for a fee
or other consideration or compensation or
gratuity a model or models to be sketched,
painted, drawn, sculptured, photographed, or
otherwise similarly depicted in the nude.
b. 'Model.' Any person, male
or female, who poses to be sketched, painted,
drawn, sculptured, photographed, or otherwise
similarly depicted.
32
c. 'Nude' shall include:
(i) Completely
without
clothing;
(ii) with any pubic area
exposed; or with the pubic area covered in
such a manner that the genitals are visible;
(iii) with the breasts exposed
by a female so that the nipples are exposed.
(3) Permit Required.
a. No person shall operate a
figure studio without first obtaining a permit
from the Chief of Police. No permit shall be
issued except upon a finding by the Chief of
Police that the studio is proposed to be
operated for the purpose of providing
facilities for use by persons pursuing a
course of study including the artistic
portrayal of the nude human form, and by
persons who engage in artistic portrayal as a
means of livelihood. However, no permit shall
be required for any studio which is operated
by the university of California, or any state
College or community college, or where the
Chief of Police is furnished with satisfactory
evidence that the person, firm, association,
partnership, or corporation operating it has
33
met the requirements established in Division
21 of the Education Code for the issuance or
conferring of, and is in fact authorized to
confer, a diploma or honorary diploma.
b. An applicant for a studio
permit shall file a verified application
therefor with the Chief of Police on such
forms and containing such information as the
Chief of Police may require.
c. No studio permit shall be
issued to any person under 21 years of age,
nor to a corporation, any of whose officers
are under 21 years of age.
(4) Required Revocation or Denial.
a. The Chief of Police shall
revoke a permit issued under the provisions of
this section upon a finding that a model under
18 years of age was permitted or allowed to
pose in the nude on the premises, or that a
person under 18 years of age was admitted to
any part of the premises in which a model was
posing in the nude.
(i) Health Club as defined in Section
4.32.150 of this Code.
{j} Herb Doctor. Herb doctor, or
selling or disposing of medicinal herbs, or
34
employing herbs in the treatment of human
beings for sickness or disease.
(k) Massage Technician or Massage
Establishment, except that no police permit is
required if the technician qualifies for an
exemption pursuant to section 6.104.170 of
this Code.
(1) Pawnbroker. This category includes
the business of loaning money upon any
personal property, personal security, or
purchasing personal property and reselling or
agreeing to resell such articles to the vendor
or other assignees at prices previously agreed
upon.
This category does not include the
loaning of money on personal property or
personal security by any bank authorized to do
50 under the laws of the state of California.
Nothing contained herein shall authorize the
Director of Finance to issue any pawnbroker's
license so that the number of pawnbrokers
licensed to operate within the city at anyone
time shall exceed a total of four (4). Each
person now holding a business license for the
purpose of operating a pawnbroker business
within the City of Santa Monica shall have the
35
right to renew such license each year,
However, if his or her license has been
revoked or is not renewed within 60 days after
the date of its expiration, the Director of
Finance shall be authorized to issue such a
license to the person whose application is on
file in the office of the Director of Finance
for a pawnbroker's license carrying the
earliest filing date. In no event shall a
pawnbroker's license be issued to any person,
except a renewal of a previous license, when
such license would increase the total number
of pawnbroker's licenses in the city to a
number greater than four (4).
(m) Physical Training or Fitness.
Development of the body through instruction in
exercise and fitness training.
(n) Telemarketing Sales of Services.
(0) Tow Truck Owner.
(p) Valet Parking.
6.14.070 special
Activities
Permits.
Event Business
Requiring Police
The following special event business
activities require a police permit:
(a) Amusement Shows.
36
(b) Boxing, Wrestling, and other Sports
Exhibitions.
(c) Carnival.
(d) Circus, Parade,
or
Similar
Exhibitions.
(e) Itinerant Vendor. Any person or
entity as the principal or agent, who engages
in a temporary or transient business of
selling goods, wares, or merchandise in the
City, and who for the purpose of carrying on
such business, hires, leases, or occupies any
room, building, or structure for the
exhibition or sale of such goods, wares, or
merchandise. The person so engaged shall not
be relieved from the provisions of this
Section by reason of associating temporarily
with any local dealer, promoter, trader, or
merchant, or by conducting such temporary or
transient business in connection with, or as a
part of, or in the name of any dealer,
promoter, trader, or merchant. The term shall
not include commercial travelers, or selling
agents selling their goods to dealers, whether
selling for present or future delivery by
sample or otherwise.
(f) Nonpermanent Rides.
37
(g) Nonpermanent Skill Games.
6.14.080 Taxi Cabs.
A police permit shall be required for any
person engaged in the taxi cab business under
section 6.08.210 and Chapter 6.48 of this
Code.
(a) Taxi Cab Company.
(b) Taxi Cab Driver.
(c) Vehicle for Hire.
6.14.090 Police Permit Fees.
The Chief of Police shall not accept any
application for any permit required to be
obtained by this Code or for the renewal of
such a permit unless the application be
accompanied by the current fee required for
such permit. Police permit fees shall be set
by resolution of the City council.
6.14.100 Fingerprint Fees.
In addition to the fees required by
Section 6. 14 . 090 I the ci ty Council may
establish by resolution a fee for the
fingerprinting of applicants for police
permits required by any provisions of this
Code, or for any person desiring to use the
fingerprinting services of the Police
Department, which services mayor may not
38
include processing of said fingerprints. The
city council may review the fee so established
annually.
6.14.110
Revocation of Police Permit.
(a) Any permit issued by the Chief of
Police pursuant to this Code may be suspended
or revoked by the Chief of Police in the
following situations:
(1) When it shall appear that the
permitted business or activity has been
conducted in a disorderly manner or in
violation of any applicable federal, state, or
local law or regulation, including any
provision of this Code.
(2) When subsequent to issuance of
the permit, the permittee has been convicted
of a crime that is substantially related to
the qualifications, functions, or duties of
the permitted activity.
(3) When the permitted business or
activity has become detrimental to the public
health or welfare or when the permit is being
used for a purpose different from that for
which it was issued.
(b) If the permit of any person shall be
revoked, another permit shall not be granted
39
to such person within twelve months after the
date of such revocation. If the permit of any
person has been suspended, another permit
shall not be granted to such person during the
prescribed period of suspension.
(c) The effect of the suspension or
revocation of any permit by the Chief of
Police shall be to suspend or revoke any
license issued by the city to carryon such
business for the duration of suspension or
revocation.
Police Officer
Inspector.
Every police officer shall be a license
inspector under the provisions of Article 6 of
this Code.
6.14.130
6.14.120
is
License
vendinq Machines or Devices -
OWner Responsible.
The owner of the place of business
where any machine or device is located will be
held responsible for the license fee if not
paid by the machine or device owner. No
license shall be issued for any machine or
device that extends over or is placed on any
sidewalk extending over the property line,
except as provided in Section 6.28.040.
40
6.14.140 sealing of Non-Identified or
Unlicensed Machines or Devices.
The Chief of Police, or his or her
authorized agents, may seal the openings or
slots in a manner which will render
inoperative the coin devices on any machine or
device which is found available to the public
for operation for which the proper license tax
has not been paid in full. In lieu thereof,
the Chief of Police may impound and hold any
such machine for the payment of such license
tax. A service charge of Ten Dollars ($10.00)
shall be paid in advance to the Chief of
POlice, or his or her authorized agent, by the
owner or operator of any such machine or
device so sealed for the removal of such
seals. No person shall operate any machine or
device so sealed without first submitting
evidence to the Chief of Police or his or her
duly authorized agent that payment of the
required license tax and service charge
prescribed in this section has been made, and
the Chief of Police or his or her agent has
removed such seals. It is unlawful for any
person other than the Chief of Police or his
or her duly authorized agents to break any
41
such seals. Any person so doing shall be
deemed guilty of a misdemeanor. Upon receipt
of evidence of payment in full of the tax and
service charge and, when applicable, evidence
of other required compliance by the owner or
operator of any machine or device so sealed,
the Chief of Police, or his or her duly
authorized agent, shall break and remove such
seals. In the event of impoundment, any such
machines shall be disposed of pursuant to
Section 6.14.240. The machines may be
reclaimed by the owners, prior to disposal,
upon payment of taxes and all costs involved
in the impoundment, storage, and handling
thereof.
Prior to sealing or impounding any
machine, the Chief of Police shall provide the
owner or operator with ten (IO) days written
notice of the city's intention to seal or
impound the machine. Unless the tax is paid
prior to the expiration of the ten (IO) day
period, the Chief of Police may take such
42
action as is necessary to effectuate the
purposes of this section.
6.14.150 Enforcement; Seizure of
Machines or Devices.
The Chief of Police or his or her
authorized agents shall provide the owner or
person having control over any impounded
machine thirty (30) days written notice to pay
any license tax and any other amount due
pursuant to this Chapter, or the device shall
be disposed of as provided in this section.
The notice shall be served through United
states mail to the person owning or having
control of the machine or device to his or her
address listed on the application for a
license. Where no such address is available,
a notice shall be conspicuously posted upon
the machine and upon the premises where the
machine or device had been operated. If the
payments are not made within the thirty (30)
day period, the machines or devices may be
sold to satisfy the amount of the license fee
or any other amount due to the city pursuant
to this Chapter. In the event the machines or
devices are sold for a sum less than the
amount of the license fee or any other amount
43
due and owing to the city pursuant to this
Chapter, the owner of the machines or devices
shall, nevertheless, remain liable for the
balance of the amount due and payable. If the
machines or devices are sold for a sum greater
than the amount owed the city, then any such
surplus monies shall be paid to the owner.
6.14.160 List of vending Machines or
Devices.
Each operator of vending machines and
devices shall file a list of the locations of
such machines and devices with the Director
of Finance, which list shall be kept current
by the permittee.
SECTION 10. Section 6.16.020 of the Santa Monica Municipal
Code is amended to read as follows:
6.16.020 Void license or permit.
(a) The city shall not be bound by the
mistake of any officer or employee of the City
in issuing licenses or permits contrary to the
terms of this Code or of the terms of any
zoning or other ordinance of the city.
(b) Upon a written statement of any
officer or employee of the city filed with the
City Attorney to the effect that any license
44
or permit has been issued in contravention of
this Code or any ordinance of the City, the
city Attorney shall fix a date for a Hearing
Examiner to determine whether or not the
license or permit shall be revoked. The
hearing shall be conducted in accordance with
Section 6.16.030.
(c) If, upon such hearing, the Hearing
Examiner finds that such license or permit was
issued in contravention of this Code or any
ordinance of the City, the Hearing Examiner
shall order the license or permit revoked.
After the revocation, all activity for which
such license or permit was required shall be
immediately discontinued.
SECTION 11. Chapter 6.20 of Article 6 of the Santa Monica
Municipal Code and Table 6.20.060 are deleted in their entirety.
SECTION 12. Chapter 6.24 of Article 6 of the Santa Monica
Municipal Code is deleted in its entirety.
SECTION 13. section 6.28.030 of the Santa Monica Municipal
Code is amended to read as follows:
6.28.030 Requirements and duties.
45
(a) provisions supplemental to business
license regulations. The provisions of this
Chapter are intended to augment and be in
addi tion to the provisions providing for a
business license tax. Whenever the provisions
of this Chapter impose a greater restriction
upon persons, premises, or practices than is
imposed by the general business license
regulations, the provisions of this Chapter
shall control.
(b) Special requirements for newsracks
in Zone A, as shown on the attached map.
Subject to the prohibitions set forth in
subsection (c)(3) of this Section, newsracks
shall be placed adjacent and parallel to the
wall of a building and not more than six
inches from the wall, unless the Director of
Environmental and Public Works Management
determines that placement near a building is
not suitable, in which case said Director may
authorize placement near a curb. Newsracks
placed near the curb must be placed parallel
to and no less than 18 inches nor more than 24
inches from the edge of the curb. Newsracks in
this zone must conform to the following
regulations:
46
(1) Frames and racks for newsracks shall
be K-Jack Style Mounts Model 100 or equal.
(2) Newsracks shall have woodgrain
panels on all sides and the mount shall be
painted gloss black.
(3) Mounts shall be bolted in place in
accordance with specifications provided by the
General Services Department and only at
locations designated by such department.
(4) Newsracks shall carry no advertising
except the name of the newspaper or periodical
being dispensed on the bottom one-third of the
plastic hood.
(5) No person shall place, affix, erect,
construct or maintain a newsrack upon any
public right-of-way without first obtaining a
permit in accordance with the provisions of
this Chapter.
(e) General requirements for all
newsracks in the City:
(1) Newsracks shall be kept clean, and
maintained in good working order at all times,
freshly painted and with unbroken hoods.
(2) The name, address and telephone
number of a responsible person who may be
contacted at any time concerning the newsrack
47
shall be displayed on the hood of the newsrack
in such manner as to be readily visible and
readable to a prospective customer thereof.
(3) Prohibitions. Unless specifically
approved by the Director of Environmental and
Public Works Management, no newsrack shall be
placed, installed, used or maintained:
Within five feet of any marked crosswalk.
within 15 feet of the curb return of any
unmarked crosswalk.
within five feet of any fire hydrant,
fire call box, police call box or other
emergency facility.
within five feet of any driveway.
Within five feet ahead of, and 15 feet to
the rear of any sign marking a designated bus
stop.
within five feet of any bus bench.
At any location whereby the clear space
for the passageway of pedestrians is reduced
to less than six feet.
On or wi thin three feet of any display
window or any building abutting the sidewalk
or parkway or in such a manner as to impede or
interfere wi th the reasonable use of such
window display purpose.
48
within 150 feet of another newsrack
containing the same newspaper or news
periodical except where separated by a street
or corner, or except where a newspaper
demonstrates that there is insufficient room
in one machine for the newspapers which may be
sold in one day.
Facing another newsrack, divided only by
the width of a sidewalk or pedestrian walk.
SECTION 14. section 6.28,060 of the Santa Monica Municipal
Code is amended to read as follows:
6.28.060 Removal of newsracks.
(a) Nonconforming newsracks. Commencing
90 days after this ordinance becomes
effective, any newsrack in violation of any
provision of this ordinance will be deemed
nonconforming." The city may attach a notice
to correct to a "nonconforming" newsrack, that
shall recite the nature of the violation. In
addition to such notice, and contemporaneously
therewith, the Director of Environmental and
Public Works Management shall make all
reasonable efforts to notify the owner of the
nonconforming newsrack of the violation, and
inform him or her of his rights under this
49
Chapter. Within five working days after the
notice is attached, the owner may cure the
violation, file a written protest, or request
an oral hearing with the Director of
Environmental and Public Works Management.
If the violation is not corrected and/or
the Director of Environmental and Public Works
Management upholds the decision to seize
within the five-day limitation, the city may
impound the newsrack and shall make all
reasonable efforts to notify the permittee or
his authorized agent of the impoundment.
Upon failure of the permittee to claim an
impounded newsrack and pay the expenses of
such removal and storage within 30 days after
removal, the newsrack shall be deemed
unclaimed property and may be disposed of by
the City pursuant to applicable provisions of
this Code.
(b) Abandonment. If any newsrack
installed pursuant to this Chapter does not
contain the publication specified in the
application therefor within a period of 48
hours after release of the current issue, or
if no publication is in the news rack for a
period of more than seven consecutive days,
50
the newsrack may be considered abandoned and
nonconforming. The Director of Environmental
and Public Works Management shall notify the
owner and take action to remove the newsrack
from the public right-of-way in accordance
with the procedure set out in Subsection (a)
above.
In the event a permittee of a newsrack
desires to voluntarily abandon a newsrack
location, said permittee shall completely
remove the newsrack and mount, and restore the
public right-of-way to a safe condition,
leaving no holes or projections in the
payment.
(c) Hearing. The owner (permittee) may,
within 30 days of the impoundment, request in
writing a hearing before the License Review
Board for the purpose of demonstrating that
the newsrack was not rightfully impounded and
should be returned to the permittee.
SECTION 15. Section 6.28.070 of the Santa Monica Municipal
Code is amended to read as follows:
6.28.070
Application and issuance of
pend ts .
51
(a) Applications. The applicant shall
file with the Director of Environmental and
Public Works Management a written application
for a permit which shall contain the following
information:
(1) The name, address and telephone
number of the applicant.
(2) The name, address and telephone
number of a responsible person whom the city
may notify or contact at any time concerning
the applicant's newsrack.
(3) The number of newsracks and the
proposed location of each.
(4) Names of newspapers or periodicals
to be contained in each newsrack.
(5) Type or brand of newsrack, including
description of the newsrack and mount, if
other than K-Jack Style Mount Model 100.
(b) Issuance of permits. Upon a finding
by the Director of Environmental and Public
Works Management that the applicant is in
compliance with the provisions of this
Chapter, he shall issue a permit in accordance
wi th application and the provisions of this
Chapter.
52
(c) Denial of permit. If a permit shall
be denied, the applicant shall be immediately
notified of the specific cause of such denial
by the Director of Environmental and Public
Works Management.
SECTION 16. section 6.28.080 of the Santa Monica Municipal
Code is amended to read as follows:
6.28.080
Insurance.
Prior to the issuance of a permit by the
Director of Environmental and Public Works
Management, the applicant shall furnish to the
Director of Environmental and Public Works
Management a certificate that the applicant
has then in force public liability and
property damage insurance, naming the City as
an additional insured, in an amount not less
than $300,000.00 minimum liability combined
single limit (bodily injury and property
damage) per person and per occurrence. The
evidence of insurance filed with the Director
of Environmental and Public Works Management
shall include a statement by the insurance
carrier that 30 days notice will be given to
the City before any cancellation of coverage.
53
SECTION 17. Section 6.28.090 of the Santa Monica Municipal
Code is amended to read as follows:
6.28.090 Fees.
There shall be an annual permit fee
established by the Director of Environmental
and Public Works Management, in an amount
sufficient to recover the actual costs of the
printing of identification decals for each
newsrack. Newspapers shall equally share in
the cost of the frames which support the
machines and their installation.
SECTION 18. Section 6.28.100 of the Santa Monica Municipal
Code is amended to read as follows:
6.28.100 suspension and revocation:
Appeals.
(a) General. The provisions of section
6.04.260 of this Article relating to
revocation and suspension shall be applicable.
(b) Appeals. Any applicant who has been
denied a permit pursuant to the provisions of
this Section may file an appeal with the
Council in accordance with the provisions of
Article 6, Chapter 6.16 of this Code.
54
SECTION 19. sections 6.32.020 through 6.32.100 are added to
Chapter 6.32 of Article 6 of the Santa Monica Municipal Code to
read as follows:
6.32.020 soliciting business.
For every person engaged in the business
of soliciting, canvassing or taking orders,
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 sale of goods, 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 or she is collecting advance payments on
such sales or not, or whether he or she is a
resident of the City or not, providing that
such definition shall include any person who
for himself or herself or for any other person
hires, leases, uses or occupies any building
or structure, apartment, automobile, vehicles
or any other place wi thin the Ci ty for the
sole purpose of exhibiting samples and taking
orders for future delivery.
55
6.32.030 SOlicitors--Peddlers.
No peddler or solicitor selling or
pretending to sell goods, wares or merchandise
of any kind or character, or any article,
material or substance, or taking orders for,
or solici ting orders for, any article,
material or substance, shall ring the bell, or
knock on the door of any residence, dwelling,
flat or apartment which has a sign bearing the
words, "No Peddlers" or "No Solicitors"
painted or affixed or exposed to public view.
This section shall not apply to any
peddler or solicitor who knocks at any door,
or rings any bell at the invitation or with
the consent of some member of the household at
which he or she so applies for admission.
6.32.040 License Fee.
Every person engaged in soliciting,
canvassing, taking orders, or peddling of
goods, wares, merchandise, or services shall
pay a license fee in accordance with section
6.12.010(a) of this Code.
6.32.050 Peddler.
For purposes of this Chapter 6.32,
peddler shall be defined as any person engaged
in the business of selling or offering for
56
sale within the citYI goods, wares,
merchandise or other things or articles of
value, including food and beveragesl and who,
for the purpose of carrying on such business,
travels door-to-door,
6.32.060 Bond Required for Solicitors.
Every person except one having had an
established place of business, the same as
that from which the soliciting will be done,
within the city for at least six months prior
to the time of application, making application
for a solicitor's license, must file with the
City of Santa Monica a surety bond in the sum
of $500.00 conditioned that the applicant
shall comply fully with all the provisions of
this Code and the laws of the state regulating
and concerning the business of solicitor or
canvasser, and guaranteeing to any citizen of
the city of Santa Monica, that all money paid
as a down payment will be accounted for and
applied according to the representations of
the solicitor or canvasser, and further
guaranteeing to any citizen of the city doing
business with the solicitor or canvasser, that
the property purchased will be delivered
57
according to the representations of said
solicitor or canvasser.
6.32.070 Soliciting Trade on Sidewalk.
Except as otherwise permitted by law, no
person engaged in business in the City where
goods, wares or merchandise are sold or
services are rendered or offered shall use
any portion of the sidewalk or street in
front of or adjacent to the business, for
the purpose of soliciting, requesting or
enticing any other person to enter said place
of business to examine, purchase or bargain
for any goods, wares, merchandise or services
or to give any order therefor.
6.32.080 Xnterstate.
Any person entitled to a free license in
accordance with the Interstate Commerce Act
shall pay a fee in the amount of Twenty-Five
Dollars ($25.00) to cover the cost of issuing
the license and shall pay a police permit fee
determined by resolution of the City Council,
for processing the application, such fees to
be paid upon making application for the
license. Before the police permit is
approved, clearance from the Federal Bureau of
58
Investigation or other law enforcement agency
must be received by the Police Department.
6.32.090 Selling Near Schools.
No person shall keep, maintain, or
conduct at any time, any lunch, meal or eating
cart, vehicle, wagon, or stand, or any cart,
wagon or stand used in selling popcorn,
peanuts, candy or any other article of food,
or drink, in or upon any public street, or
other public place within two hundred feet of
the nearest property line of any property upon
which a public school building is located.
6.32.100 peddling or Renting on Beaches
Prohibited.
No business license shall be issued for
the peddling or renting of any type of goods,
ware, merchandise, or foodstuffs upon the
beaches, and any person guilty of peddling or
renting any goods, wares, merchandise, or
foodstuffs upon the beaches is guilty of a
misdemeanor.
6.32.110 No Charge Peddler License for
Honorable Dischargees of
Military Service.
Every honorably discharged soldier,
sailor, or marine of the United states, who
59
served in the Spanish-American War, the
Philippine Insurrection, the Chinese Relief
Expedition, the American Expeditionary Forces
in the wars against Germany or Japan, the
Korean War, the vietnam War, or the Persian
Gulf War, who is disabled shall be granted a
peddler's license without payment of license
tax or fee.
Each person claiming exemption under the
provisions of this section shall exhibit to
the Chief of Police his or her honorabl.e
setting
forth
signed by a
the person's
discharge,
physician
disability.
and a certificate
SECTION 20. sections 6.36.040, 6.36.050 and 6.36.060 of the
Santa Monica Municipal Code are amended to read as follows:
6.36.040 Vendor permit required.
(a) No person may vend in the City
without first obtaining and having in his or
her possession a vendor permit issued by the
Chief of Police in accordance with this
Chapter.
(b) To receive a vendor permit, a person
must complete a vendor permit application on
the form approved by the City and file it with
60
the city. The applicant must provide the
following information:
(1) Applicant's full name and address.
(2) Proof of applicant's identity.
(3) Proof of insurance coverage
satisfactory to city.
(4) A brief description of the type of
food products or goods to be sold. This shall
include the nature, character, and quality of
the product.
(5) The location where the applicant
plans to vend.
(6) If applicant is employed by another
to vend, the name and business address of the
employer.
(7) If applicant will use a motor
vehicle during his or her vending, a
description of the vehicle, its registration
number, its license number, and the streets
the applicant intends to use.
(8) If applicant will use a pushcart or
any other device, a description of the
pushcart or device.
(9) If applicant will vend food
products, a valid Los Angeles county
Department of Health permit and certification
61
that he or she complies with all state and
federal laws regarding food product vending.
(c) No application for a vendor permit
or the renewal thereof shall be accepted
unless the application is accompanied by a fee
of Twenty-Five Dollars ($25.00).
(d) A permit pursuant to section
6.14.020 of the Code shall not be required if
a vendor permit is issued pursuant to this
Chapter.
6.36.050 Vendor permit issuance and
denial.
(a) Upon receipt of a written
application for a vendor permit, the Chief of
Police shall conduct an investigation as it
deems appropriate to determine whether a
vendor permit should be approved. Except with
respect to vendor permits subject to Section
6.36.070, a vendor permit shall be approved,
conditionally approved, or denied within
thirty (30) days of the filing of an
application. The vendor permit shall be
approved unless one of the following findings
is made:
62
(1) The applicant has knowingly made a
false, misleading, or fraudulent statement of
fact to the City in the application process.
(2) The application does not contain the
information required by this Chapter.
(3) The applicant has not satisfied the
requirements of this Chapter.
(4) The applicant has not been selected
in accordance with the procedure set forth in
section 6&36.070.
{b} The Chief of Police may condition
the approval of any vendor permit to ensure
compliance with this Chapter and other
applicable laws.
(c) A vendor permit issued by the Chief
of Police may be revoked pursuant to the
provisions of section 6.14&110 of this Code.
(d) Upon approval or conditional
approval of a vendor permit by the Chief of
Police, it shall be submitted by the applicant
to the Director of Finance who shall issue a
business license upon payment of the license
fee. The license fee shall be Fifty Dollars
($SO.OO) per annum and no additional license
fee shall be required by virtue of vending in
any assessment district.
63
(e) Except as provided for in section
6. 36. 070, a vendor permi t issued hereunder
shall be effective for the same period as the
business license. Upon the expiration of the
vendor permit, an application for renewal
thereof shall be filed in a like manner as an
application for an original vendor permit, and
such renewal permit shall be approved only
when the requirements for the issuance of an
original vendor permit are met.
(f) A vendor permit shall not be
assignable or transferable.
6.36.060 Appeals.
Except as provided for in Section
6.36.070, any decision of the Chief of Police
under this Chapter denying an application,
conditionally approving an application, or
revoking a permit, may be appealed by an
aggrieved applicant or permit holder. Any
appeal must be taken within the time and
manner set forth in Section 6.16.030 of this
Code. Upon an appeal, the decision of the
Hearing Examiner shall be final except for
judicial review and shall not be appealable to
the City Council.
64
SECTION 21. section 6.36.080 of the Santa Monica Municipal
Code is amended to read as follows:
6.36.080
Performers.
(a) A performer who performs without
charge shall not be required to obtain a
vendor permi t pursuant to this Chapter or a
business license pursuant to Chapter 6.04 of
Article 6 of this Code. A performer who
performs without charge shall be subject to
the provisions set forth in subsections (a),
(d), and (e) of Section 6.36.100.
(b) A performer who performs for a
charge shall obtain a vendor permit and shall
be subject to all of the provisions of this
Chapter.
SECTION 22.
sections 6.44.020 and 6.44.060 of the Santa
Monica Municipal Code are amended to read as follows:
6.44.020 Dates permitted.
The City Manager may designate up to two
(2) days per year during which cultural Arts &
Crafts Shows may be conducted by the Santa
Monica Department of Community and Cultural
Services in city parks designated by that
department. The ci ty Manager may also
designate up to 4 days per year during which
65
such shows may be conducted by the Santa
Monica Chamber of Commerce on the Third street
Promenade. No show date shall be selected for
a day when sidewalk sales are permitted
elsewhere in the community.
6.44.060 Permits to be issued.
There shall be three (3) classes of
permits to be issued:
1. Department of community and Cultural
services Free Permits. The Santa Monica
Department of Community and Cultural Services
shall be entitled to a permit free of charge
to conduct each show and may grant free
permits to its exhibitors provided said
exhibitors do not sell their exhibits.
Non-selling exhibitors shall display a sign
below each exhibit, as follows: lIFor exhibit
only. Not for Sale." Those exhibits not for
sale should be clearly segregated from those
which are for sale.
2. Department of community and Cultural
services Sales Permits. Individuals may obtain
permits from the Department of Community and
Cultural Services for the sale of exhibits at
shows conducted by the Department of Community
and CUltural Services subject to all
66
requirements set forth below for Chamber of
Commerce applicants and subject to the payment
of a permi t fee in an amount set by the
Department of Community and Cultural Services
("exhibit" being the work product of a single
artist, displayed by such artist) per artist
for each day said artist displays his works
for sale at said show. A permit tag authorized
and furnished by the Department of Community
and Cultural Services shall be attached to
each exhibit displayed.
3. CbAmher of CClmmllrce Permits. The
Chamber of Commerce may obtain a permit from
the Director of Finance for each show at the
rate of One Hundred Dollars ($100.00) per day
for each such show irrespective of the number
of exhibitors, subject to the following
conditions: (a) The permittee shall make
available to the Director of Finance, upon
demand, all records of receipts and
disbursements resulting from the show; (b)
Each exhibitor shall have on his person at all
times, all necessary state licenses required
for the sale of the works of art to be sold;
(e) Each exhibitor shall present sufficient
proof to establish that in fact the art object
67
to be sold was individually hand produced by
the exhibitor; (d) Each exhibitor shall
furnish a photograph of himself or herself of
proper size to affix to each entry
registration card issued by the permittee.
The Chamber of Commerce may impose a
reasonable charge or exhibit fee on each
participating exhibitor and shall be
responsible for enforcing all requirements of
this ordinance and regulations imposed by the
Chamber. Any net profit received by the
Chamber of Commerce from the conduct of any
such show shall be utilized for the commercial
development of the Central Business district
of this City.
SECTION 23. Chapter 6.46 is added to Article 6 of the Santa
Monica Municipal Code to read as follows:
Chapter 6.46
RESTRICTIONS ON LIQUIDATION AND "GOING OUT
OF BUSINESS" SALES
6.46.010
Definition of sales, Advertise,
etc., Permit, Permittee, and
Director of Finance, as used in
Sections 6.46.010 through
6.46.150.
68
(a) "Sale" means any sale of, or any
offer to sell, to the public, or any group
thereof, merchandise on order, in transit or
in stock, in connection with a declared
purpose as set forth by advertising that such
.
sale is due to liquidation, revision, windup,
discontinuance,
removal,
dissolution
or
abandonment of the business or that portion of
the business conducted at any location; and
All sales advertised in any manner
calculated to convey to the public the belief
that upon the disposal of the goods to be
placed en sale, the business or that portion
thereof being conducted at any location will
cease,
be
removed,
be
interrupted,
discontinued or changed; and
All sales advertised to be "Adjuster's
Sale," "Adjustment Sale, It Assignee's Sale,"
"Bankrupt Sale, It "Benefit of Administrator's
Sale," "Benefit of Creditors Sale," "Benefit
of Trustee's Sale," "Building Coming Down
Sale," "Clos~ng Sale, It "Closing Out Sale,"
"Creditors'
Committee Sales,"
"creditors'
Sale, II !tDamaged Goods Sale," !tEnd Sale,"
IIExecutors' Sale," "Final Days Sale," "Fire
Sale, II "Forced Out Sale," "Forced Out of
69
Business Sale, II Insolvent Sale, rl IIInsurance
Salvage Sale," "Last Days Sale," "Lease
Expires Sale," IILease Expiring Sale,"
ItLiquidation Sale," "Loss of Lease Sale,"
"Mortgage Sale," "Outselling Sale, II
"Receiver's Sale," "Removal Sale,"
"Reorganization Sale, " " Salvage Sale, "
"Selling Out Sale," IISmoke Sale," "Smoke and
Water Sale," "Trustee's Sale," "Quitting
Business Sale," "Wholesale Closing Out Sale,"
"We Quit Sale," "We Give Up Sale," "Fixtures
for Sale, " or advertised by any other
expression or characterization similar to any
of the foregoing; and
All sales advertised to indicate that the
goods, wares or merchandise to be sold, or any
part thereof, have been involved in any
business failure or have been derived from a
business which has failed, been closed,
discontinued or liquidated; and
All sales accompanied by notice or
advertising indicating that the premises are
available for purchase or lease or are
otherwise to be vacated; and
All sales accompanied by advertising
indicating a business emergency or failure
70
affecting the seller, or failure affecting the
seller, or any previous holder of the goods to
be disposed of.
(b) "Advertise," "Advertisement,"
"Advertising," Publish," "Publication," means
any and all means, whether oral, written,
lettered or printed, used for conveying to the
public notice of the conduct of a sale as
defined herein, or notice of intention to
conduct such sale, including but not limited
to oral or written announcements by
proclamation or outcry, newspaper
advertisement, magazine advertisement,
handbill, written or printed notice, printed
display, billboard display, poster, and radio
announcement.
(e) "Permit" shall mean a permit issued
for a sale as defined herein.
(d) "Permitteelf shall mean any person to
whom a permit has been issued pursuant to this
section.
(e) "Director of Finance" shall mean the
city's Director of Finance or authorized
designee.
71
6.46.020
Permit Required.
No person or persons, company,
corporation, or other entity shall hereafter
publish or conduct any sale described above
without first obtaining a permit therefor from
the Director of Finance.
6.46.030 Application for the Granting of
Permit.
No permit to conduct a sale shall be
granted except upon written application to the
Director of Finance at least fifteen (15) days
before the sale commences. The application
shall be signed and verified by an owner, or
in the case of a corporation, by an officer of
the corporation, and if the sale is conducted
by or under the supervision of an independent
contractor of the owner, the application shall
also be signed and verified by such person, or
if a corporation, by an officer thereof.
Application for a permit shall set forth
and contain the following:
(1) The street address of the premises
where the sale is to held.
(2) The name of the owner of the
premises, the name of any lessor, lessee,
sublessee, sublessor, licensor or licensee and
72
the termination date of any such lease,
sublease or license.
(2a) A copy of any lease, sublease or
license under which applicant holds possession
of the premises, if required by the Director
of Finance.
(3) A copy of all advertising to be used
at any time before or during the sale.
Advertising prepared after the application is
filed shall be submitted to the Director of
Finance before publication, if required by the
Director of Finance.
(4) A statement that the applicant will
close the business, cease all operations at
the business premises, and remove all personal
property from the premises at the time the
business closes.
(5) The facts in regard to the reason
for the proposed sale.
(6) A statement that no merchandise or
special merchandise has been or will be added
to the regular and normal stock in trade for
the purpose of including it in the sale.
(7) A statement that no merchandise,
other than that listed in the inventory shall
be located on the premises during the sale.
73
(8) Selection of the duration of the
proposed sale (not to exceed sixty (60)
calendar days) and agreement to pay the
applicable fee if such permit is issued.
(9) An inventory of the merchandise to
be sold in such form and in such detail as
required by the Director of Finance, setting
forth the quantity and description of the
merchandise to be sold at such sale, the price
for which each item of merchandise is to be
sold, and the proposed gross receipts based on
said prices. When required by the Director
of Finance, applicant shall furnish the date
of acquisition of such merchandise, the person
or entity from whom obtained, and the place
from which said merchandise was last taken;
provided that if the applicant has no
inventory list at the time the application is
filed, the inventory may be filed at a later
time, not less than five (5) days before the
sale commences.
The Director of Finance may require that
all goods, wares, and merchandise listed upon
the inventory or statement shall be described
in detail by the manufacturer's name and lot
number, the individual number of articles so
74
numbered, colors, sizes, and otherwise 50 that
the identi ty of such goods listed on such
inventory can be readily determined. The
Director of Finance may require that each item
listed on the inventory shall be tagged with a
label or tag securely attached thereto, on
which there is written or printed a number
corresponding with that item on the inventory.
The inventory shall be compiled so that items
appearing thereon adjacent to each other shall
be physically adjacent to each other on the
premises.
6.46.040 Permit. Denial of.
No permit shall be issued if anyone or
more of the following facts or circumstances
are found to exist:
{1} That applicant was granted a license
hereunder for this type of sale wi thin two
(2) years preceding the date of the filing of
the application.
(2) That the inventory includes goods,
wares and merchandise purchased by the
applicant or added to his or her stock in
contemplation of such sale and for the purpose
of this subparagraph, any unusual addition to
the stock of such goods, wares and merchandise
75
made within sixty (60) days prior to the
filing of such application shall be prima
facie evidence that such addition was made in
contemplation of such sale and for the purpose
of selling the same at such sale.
(3) The acquisi tien by applicant of a
bankrupt stock goods or similar merchandise
lot from another area within six (6) months of
application.
(4) That any representation made in the
application is false.
(5) That the applicant has not operated
as a retail merchant at that location for at
least one year prior to date of sale.
(6) That the inventory is incomplete.
(7) That the advertising set forth is
false, fraudulent, deceptive or misleading in
any respect.
(8) That the methods to be used by the
applicant in conducting the sale are such as,
in the opinion of the Director of Finance,
will work a fraud upon the purchasers.
(9) The applicant or other persons
connected with the sale are morally unfit or
have been convicted of a crime involving
moral turpitude.
76
(10) The Director of Finance may refuse
a permit because of the insufficiency of the
information set forth in the application, but
in such event the Director of Finance shall
grant the applicant permission to file an
amended application.
(11) No application, however, shall be
denied unless an opportunity for a hearing has
been given the applicant, Notice of the
hearing shall be effected by personal delivery
of the notice to the applicant or by
depositing in the united states mail such
notice, addressed to the applicant at his or
her address given in the application.
6.46.050 Fees.
The following permit fees shall be
charged and shall be paid in advance to the
city:
(a) The sum of One Hundred Twenty Dollars
($120.00) for a sale of thirty (30) days or
shorter in duration;
(b) The sum of Two Hundred Forty Dollars
($240.00) for a sale between of thirty one
(31) and sixty (60) days in duration.
Upon issuance of the permit, the owner of
the business shall surrender his or her
77
business license to the Director of Finance
and such license shall thereupon terminate and
the permit shall be in lieu of the license.
6.46.060 Conditions of Permit.
Each permit shall have written on the
face thereof such information as required by
the Director of Finance and the following:
nThis permit is granted by the
Director of Finance and accepted by
the permittee, its officers, agents,
and employees, upon the condition
that such permittee, its officers,
agents and employees shall comply
with and abide by all the provisions
of the Santa Monica Municipal Code
relating to (here insert type of
sale).n
(1) At the time of the delivery of said
permit, such statement shall be signed by the
owner or an officer of the business or an
officer of the corporation owning the
business, in the presence of the Director of
Finance or one of his or her deputies.
(2) A permit shall authorize the one
type of sale named in the application, at the
place named therein, for a period of either
78
thirty (30) calendar days, or sixty (60)
calendar days (subject to the applicable fee),
and shall permit the sale of merchandise only
which is set out in the application for the
permit and inventory as required by this Code;
and all of which merchandise throughout the
duration of the sale must be definitely
separated from any other merchandise displayed
at, or within the store or place of business,
and all advertising, signs or notices
referring to, or calling attention to the
sale, must be confined to the display or
displays of merchandise involved in the sale.
6.46.070 Rules and Regulations.
A permit shall he valid only for the
advertising, representation, and sale of the
particular merchandise descr ibed in the
inventory required for the permit, and at the
particular time, and particular place stated
therein, and by the particular applicant, and
any renewal, replenishment or substitution of
such goods, wares or merchandise, or change of
such time or place for such sale, or change of
person conducting the sale, shall be unlawful
and shall render such permit void. No person
in contemplation of conducting any such sale,
79
or during the continuance of such a sale,
shall order any goods, wares or merchandise
for the purpose of selling them at such sale.
6.46.080 Power to Revoke.
The Director of Finance shall have the
power to revoke at any time any permit
whenever any sale is being conducted in
violation of any of the provisions of this
Code relating to sales or in such manner as to
deceive or defraud the public, or if:
(1) The holder of any such permit has
made any material misstatement in the
application for such permiti
(2) He or she has been guilty of any
fraudulent practice, or practices, in the
conduct of the sale authorized by such permit;
(3) He or she has failed to include in
the inventory required by the provisions of
this section the merchandise required to be
contained in such inventorYi
( 4 ) He or she has added, caused to be
added or permi tted to be added any goods,
wares or merchandise not described in the
inventory;
80
( 5) He or she has violated any of the
provisions of this Code relating to sales or
of the laws pertaining to advertising.
No permit shall be revoked for any cause
enumerated in subsections (1) through (5)
above, until a written complaint has first
been filed with the Director of Finance
setting forth in ordinary, concise language
the charge made against the permittee. Such
complaint shall be verified by the oath of the
person making the charge, such verification to
be in the form prescribed by the Code of civil
Procedure for verified pleadings in civil
actions. service of such complaint shall be
done by depositing the same in the United
states mail addressed to the applicant at his
or her address given in the application. Such
notice and copy of the complaint and notice of
hearing shall be served or given to the
permittee at least five (5) and not more than
ten (10) days prior to the date set for said
hearing. At any such hearing the permittee
shall be given an opportunity to be heard and
defend himself or herself, and he or she may
call witnesses in his or her behalf. After
conducting such hearing, the Director of
81
Finance may suspend or revoke the permit. If
the violations which form the basis of such
complaint continue after notification to the
permittee, the Director of Finance may
suspend the permit until the hearing to
consider the revocation of the permit. Such
suspension shall be effective immediately upon
giving notice thereof to the person in charge
at the location of the sale. During such
suspension, no person shall conduct any sale
of the type herein defined.
6.46.090 Loss of Identity.
Any removal of any merchandise described
in the inventory required by this Code from
the place of sale mentioned in the application
shall cause such merchandise to lose its
identity as the stock of any of the sales
defined herein, and no permit thereafter will
be issued for the conducting of a sale of any
such merchandise in such manner as to identify
it with the previous sale.
6.46.100 Enforcement.
Upon commencement and throughout the
duration of any sale, the permit issued by the
Director of Finance shall be prominently
displayed near the entrance to the premises.
82
A duplicate original of the inventory pursuant
to which such permit was issued, shall at all
times be available to said Director of
Finance, or to his or her inspector and
investigators, and the permittee shall permit
such inspector and investigators to examine
all merchandise in the premises for comparison
with such inventory.
The Director of Finance is further
empowered to make such rules and regulations
for the conduct and advertisement of such sale
as in his or her opinion will serve to prevent
deception and to protect the public.
6.46.110 Records to be Kept.
Suitable books and records shall be kept
by the permittee and shall be available at all
times to the Director of Finance or his or her
agent. The Director of Finance may require
the permittee, at the commencement of business
on each day, to furnish a list of those items
on the inventory which have been sold on any
previous day.
6.46.120 Exemptions.
The provisions of this section shall not
apply to or affect any publisher of a
newspaper, magazine or other pUblication, who
83
publishes any such advertisement in good
faith, without knowledge of its false,
deceptive or misleading character, or without
knowledge that the provisions of this section
have not been complied with.
6.46.130 Busines s Wi th Xul tiple
Locations.
If the applicant operates a similar
business, at more than one location, any sale,
as defined herein, shall include only such
goods, wares and merchandise as are usually
carried in stock at the location of the sale.
6.46.140 Taking Orders.
During the course of any type of closing
out sale, no orders shall be taken for
purchase of items not listed in the inventory
submitted with the application.
6.46.150 Xisdemeanor Violations
Relating to sections
6.46.010 Through
6.46.140.
Any of the following conduct shall
constitute a misdemeanor:
(1) The selling of, or offering to sell,
any merchandise for which a permit is required
by Sections 6.46.010 through 6.46.130 of this
84
Code without there being conspicuously posted
at the place of sale, or as part of the offer
to sell, a valid, unrevoked, and un suspended
permit for such sale, or offer to sell. Each
sale or offer to sell in violation of the
requirements of sections 6.46.010 through
6.46.130 shall constitute a separate offense.
(2) Advertising, as defined in Section
6.46.010 (b), any sale, as in said section
defined, without having a valid, unrevoked or
unsuspended permit to do so.
(3) Making any misrepresentation in the
application for the permi t required by
sections 6.46.010 through 6.46.130 or engaging
in any conduct in violation of any statements
made in such application.
(4) Conduct in violation of any of the
requirements or regulations set forth in
Sections 6.46.010 through 6.46.140 during the
course of a sale for which a permit has been
issued, pursuant to said sections.
SECTION 24. Sections 6.48.010, 6.48.030, 6.48.040 and
6.48.050 of the Santa Monica Municipal Code are amended to read as
follows:
6.48.010
Definitions.
85
For the purposes of this Chapter certain
words and phrases are defined and certain
provisions shall be construed as herein set
forth, unless it is apparent from the context
that a different meaning is intended.
(a) Driver. "Driver" includes every
person in charge of driving or operating any
motor-propelled vehicle for hire mentioned in
this section, either as agent, employee, or
otherwise. This does not include a person
renting or leasing a vehicle for a period of
time to be driven by himself or herself or his
or her designee.
(b) Vehicle for hire. nVehicle for hire"
includes every automobile or motor-propelled
vehicle, other than taxicabs, not equipped
with a taximeter, used for transportation of
passengers within and without the boundaries
of the City not over a defined route, at rates
per mile, per trip, per hour, per day, per
week, or per month. This does not include
vehicles leased or rented for a period of time
to be driven by the lessee or his or her
designee.
(c) Stand. "standU is a place designated
by the Parking and Traffic Engineer of the
86
Ci ty for use by any taxicab or vehicle for
hire licensed hereunder while awaiting
employment.
(d) Taxicab. "Taxicabn includes
automobile and motor-propelled vehicle
equipped with a taximeter used for the
transportation of passengers for hire within
and without the boundaries of the city not
over a defined route. Charges for use of such
vehicle may be by distance travelled, waiting
time, or both. The route travelled by such
vehicle is determined by the passenger hiring
the vehicle.
(e) Vehicle for hire. "vehicle for hire"
includes both taxicabs and limousines for hire
as defined in this section.
6.48.030 Business license required.
No person shall conduct any vehicle for
hire business without having first obtained a
Business License and decal for each vehicle
operated in the City from the city's License
Office in compliance with sections 6.04.020
and 6.08.210 of this Code.
6.48.040 Driver permit required.
No person shall drive any vehicle for
hire without having first obtained a
87
permit/photo badge for each cab company for
which he or she is driving from the City's
License Office. Such permit shall expire on
June 30th each year, unless revoked,
suspended, or cancelled prior to such date.
Authorization for such permit/photo badge and
badge must first be obtained from the Police
Department in the form of a police
permit/photo badge. The Police Department may
require information pertaining to the
character and background of the permittee.
Upon receipt of the applicable police
permit/photo badge fee and issuance of a
police permit to applicant, the Police
Department shall issue a permit/photo badge
to the applicant.
6.48.050 Rules and requlations.
The City Manager shall have the authority
to adopt such rules and regulations as in his
or her judgment are necessary for the service
and safety of the operators, the public and
the owners of the vehicles used herein. Any
rules and regulations so promulgated shall be
filed in the office of the City Clerk where
they shall be kept on file and made available
for inspection by the public. Licenses and
88
permits under this section are subject to all
the provisions of this Code regarding licenses
and permits in Article 6, Chapters 6&04, 6&08,
6&12, 6.14, and 6&16 of this Code.
SECTION 25.
section 6&48.130 is added to the Santa Monica
Municipal Code to read as follows:
6.48.130 License decals required on
taxis and vehicles for hire.
(a) In all instances in which a business
license is a prerequisite for the use of any
taxi or vehicle for hire, a decal shall be
issued by the Director of Finance as part of
the business license fee. Such decal shall be
affixed by the Police Department on the
assigned vehicle to the driver's side lower
lefthand corner of the rear windshield or, if
there is no rear window, it shall be affixed to
the driver'S side in the lower lefthand corner
of the front windshield.
(b) No decal issued pursuant to this
Section shall be in any manner transferred or
assigned. If a person or entity that has been
issued a decal transfers, assigns, or otherwise
allows such decal to be used by another person
89
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SANTA NI\ONI:CA
,:>-,:;',::'~-'/..,<,! R.,",-"'~':"'~~?'4<4~~>'~. .~;.- ~~ .-.,".7':' ~~ '. .....~
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Environmental and <... I F 0 ~ \--
::lubllc Works Management Department
Street DIVISion
2500 MIchigan Avenue
Santa Monica. CA 90404-4012
(310) 458-8504
NOTICE OF PUBLIC HEARING
Re: Sidewalk Repair at 960 THIRD STREET
(Sidewalk Assessment Dlstrlct: SR-96-193)
The sldewalk repair at the above described property has been completed, and
the cost for the sldewalk repair is $ 2214.00. Your share of the cost is
$ 1107.00 which lS one-half of the total cost of the work done at the
locatlon. The Clty pays one-half of the cost. THIS IS NOT AN INVOICE. YOU
WILL BE BILLED LATER.
Pursuant to streets and Highways Code Section 5616, this letter is
notification that the City Council, pursuant to Resolution No. 90ll (CCS)
adopted on April 9, 1996, has scheduled a hearing to hear and pass upon the
report of the superintendent of streets on the cost of the sidewalk repair,
in connectlon with the above-described proJect, together with any objections
and protests, if any, which may be raised by any property owner liable to be
assessed for the cost of such sldewalk repair and any other interested
persons. The hearlng will be held as follows:
DATE:
PLACE:
r.iay 14, 1996
City council Chambers
Clty Hall
1685 Main Street
Santa Monlca, Callfornia
6:30 p.m.
TIME:
Any protests of ob;ections must be in writinq and must be filed with the city
Clerk on or before the time set for the hearinq.
Upon confirmatlon of the report of the Superintendent of streets, as provided
for in streets and Highways Code section 5618, the cost of the sidewalk
repair will be assessed against your property, and you will be notified of
the manner of payment. If you have any questions regarding this assessment,
please, first contact the street Inspector, Richard Valeriano at 458-8504.
Depending on the avallabli ty of funding, the city may provide financial
asslstance for low-to-moderate property owners, if your income lS less than
$28,750 for a family of one person, $32,850 for two persons, $36,950 for
three persons or $41,050 for four persons. After receiving your invoice,
call Susan Lai at 458-8701 for information on this program.
Very truly yours,
~ D ..",-
// /
R~~ Co .
Ma~ntenance
Hanager
section 6.84.140 will not be inimical to the
pUblic health, welfare or safety of the
community he or she shall issue a permit
subject to such rules and regulations as he or
she may make governing the operation of all
such places to insure that the operation
thereof will not be inimical to the public
health, welfare or safety of the community and
any permit issued may be revoked in the manner
provided in Section 6.14.l10 of this Code if
any of such rules or regulations are violated,
subject to the right of appeal as provided in
section 6.16.010 et seq. of this Code.
SECTION 27. sections 6.88.040 and 6.88.150 of the Santa
Monica Municipal Code are amended to read as follows:
6.88.040. Police Permit.
Every secondhand dealer shall obtain a
permit from the Chief of Police pursuant to
procedures consistent with Business and
Professions Code section 21641. Such permit
shall cover all activities regulated by this
Chapter and conducted at a single location. A
separate permit shall be required for each
location at which any business regulated by
this Chapter is conducted. The City Council
91
may establish and from time to time amend by
resolution fees to cover the costs of
processing and administration of secondhand
dealer permits, which fees shall be paid by
the permittee prior to the issuance of a
permit.
6.88.150 Renewal and Revocation of
Pend t .
(a) Any permit granted under this
Chapter shall be renewable on July 1st of each
year upon the filing of a renewal application
and payment of a permit renewal fee to be
established by resolution of the City Council.
(b) The permit shall be subject to
revocation or suspension by the Chief of
Police and the permittee's activities shall be
subject to being enjoined by action brought by
the City Attorney for breach of any of the
following conditions:
(1) The business shall be carried
on only in the location or building or
buildings designated in the permit.
(2) The permit, or a copy thereof,
certified by the Chief of Police, shall be
displayed on the premises where it can easily
be seen.
92
(3) The permittee shall not engage
in the business of secondhand dealer with any
person under the age of eighteen {18} years of
age.
(4) The permittee shall not engage
in any act in violation of this Chapter or of
any state law regulating the business of
secondhand dealers.
(5) The permittee shall not be
convicted of an attempt to receive stolen
property or any other offense involving stolen
property. For the purposes of this paragraph,
ttconvicted" means a plea or verdict of guilty
or a conviction following a plea of nolo
contendere. If a permittee has been
"convicted," action may be taken when the time
for appeal has elapsed, or the judgment of
conviction has been affirmed on appeal, when
an order granting probation is made suspending
the imposition of sentence, irrespective of a
subsequent order under the provisions of
Section 1203.4 of the California Penal Code.
SECTION 28. Sections 6.92.100 and 6.92.120 of Chapter 6.92 of
Article 6 of the Santa Monica Municipal Code are amended to read as
follows:
93
6.92.100 Bus operators.
Every person carrying on the business of
transporting persons for hire or compensation
by or upon a bus upon or over any street in
this city, which business includes the loading
or discharging of passengers on the streets of
this city; and every person who furnishes any
bus for such transportation of persons under a
lease or rental agreement when, pursuant to
the terms thereof, the person operates the bus
furnished or exercises any control of, or
assumes any responsibility for, or engages
ei ther in whole or in part in such
transportation of persons in the bus
furnished; shall pay an annual license fee
pursuant to sections 6.08.150 and
6.12.010(c) (3) of this Code.
6.92.110 Buses.
Every person carrying on the business of
running, driving or operating any automobile
or motor propelled vehicle over the public
streets of the ci ty , for any purpose
including, but not limited to, sightseeing,
showing points of interest or conveying
persons to points within or without the city
(except buses used exclusively to transport
94
students to and from school), shall pay a
license fee in accordance with Sections
6.08.150 and 6.12.010(C) (3) of this Code.
SECTION 29. Sections 6.04.030, 6.04.230, 6.04.290, 6.20.010,
6.20.020, 6.20.030, 6.20.040, 6.20.050, 6.20.060, 6.20.070,
6.20.080, 6.20.090, 6.20.100, 6.20.110, 6.24.010, 6.24.020,
6.24.030, 6.24.040, 6.24.050, 6.24.060, 6.24.070, 6.24.080,
6.24.090, 6.24.100, 6.24.110, 6.24.120, 6.24.130, 6.24.140,
6.24.150, 6.24.l60, 6.24.170, 6.24.180, 6.24.190, 6.24.200,
6.24.210, 6.24.220, 6.24.230, 6.24.240, 6.24.250, 6.24.260,
6.24.270, 6.24.280, 6.24.290, 6.24.300, 6.24.310, 6.24.320,
6.24.330, 6.24.340, 6.24.350, 6.24.360, 6.24.370, 6.24.380,
6.24.390, 6.24.400, 6.24.410, 6.24.420, 6.24.430, 6.24.440,
6.24.450, 6.24.460, 6.24.470, 6.24.480, 6.24.490, 6.24.500,
6.24.510, 6.24.520, 6.24.530, 6.24.540, 6.24.550, 6.24.560,
6.24.570, 6.24.580, 6.24.590, 6.24.600, 6.24.610, 6.24.620,
6.24.630, 6.24.640, 6.24.650, 6.24.660, 6.24.670, 6.24.080,
6.24.690, 6.24.700, 6.24.710, 6.24.720, 6.24.730, 6.92.030,
6.92.040, 6.92.050, 6.92.060, 6.92.070, 6.92.080, 6.92.090., and
6.92.120 of the Santa Monica Municipal Code are hereby repealed.
SECTION 30. Any provision of the Santa Monica Municipal Code
or appendices thereto inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further, is
95
hereby repealed or modified to that extent necessary to affect the
provisions of this Ordinance.
SECTION 31. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance.
The city council hereby
declares that it would have passed this Ordinance and each and
every section, subsection, sentence, clause, or phrase not declared
invalid or unconstitutional without regard to whether any portion
of this Ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 32.
The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance.
The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption.
This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
) ---,.
/\ '.' I '-
. ~ t((~:I(~
MARSHA JO}(ES MOUTRIE
City Attorney
96
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