Loading...
O2458City Council Meeting: May 27, 2014 Santa Monica, California ORDINANCE NUMBER 2458 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE ARTICLES IV AND VI RELATING TO REGULATORY RESTRICTIONS ON BUSINESS ACTIVITIES, BUSINESS PERMITTING REQUIREMENTS, LICENSE TAX UPON RETAILERS AND BUSINESS USE TAX. WHEREAS, the City consists of just eight square miles of coastal land which is home to 90,000 residents, the job site of 300,000 workers, and a destination for as many as 500,000 visitors on weekends and holidays, and and WHEREAS, there is a constant and heavy demand on police services in the City; WHEREAS, the administration of police permits is a diversion of police resources and a financial burden on businesses; and WHEREAS, experience has shown that in some cases requiring police permits for certain types of businesses does not actually enhance law enforcement objectives; and WHEREAS, some existing local regulations related to health clubs, vending machines, auctions, liquidation sales, bingo games, and dance halls are outdated and no longer provide any appreciable public benefit; and WHEREAS, requiring participants in City approved community events to obtain business licenses solely because of their participation in the events unduly burdens events participants, unnecessarily discourages participation in community events, and does not appreciably enhance City revenue; and WHEREAS, certain local regulations related to vendors, taxis and valet services duplicate other regulatory permits that are already required by law; and WHEREAS, Pursuant to the Bradley -Burns Uniform Local Sales and Use Tax Law (Revenue and Taxation Code Section 7200 et. seq.), the State of California has preempted the field of sales and use taxation and is solely responsible for the collection of local sales and use taxes otherwise authorized by state law; and WHEREAS, Consistent with the Bradley -Burns Uniform Local Sales and Use Tax Law, the City Council enacted Ordinance No. 396 CCS on February 28, 1956, which suspended Santa Monica Municipal Code Chapters 6.52 and 6.56; and WHEREAS, repeal of these suspended chapters of the Municipal Code is appropriate. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Section 6.04.027 is hereby added as follows: 6.04.027 Community Event Exemption. Any approved participant, including vendors, in any community event authorized by the City shall not be required to obtain a business license or pay business license rj taxes solely due to participation in the community event. An approved participant otherwise subject to the requirements of this Chapter shall not exclude any gross receipts attributable to participation in the community event in total gross receipts calculations as required by this Article. SECTION 2. Santa Monica Municipal Code Section 6.04.030 is hereby repealed. SECTION 3. Santa Monica Municipal Code Chapter 6.14 is hereby amended as follows: Chapter 6.14 Regulatory Restrictions on Designated Business Activities 6.14.010 Inapplicability to businesses exclusively regulated 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 business which the State of California exclusively regulates. 6.14.020 Police permits required for designated business activities. (a) Any person or entity conducting any of the business activities described in Section 6.14.050 of this Code shall first obtain a permit to conduct such business from the City 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 City, 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. 3 (b) The Chief of Police, within a reasonable time after submission of such application or renewal, shall conduct an investigation, in such manner as he or she deems appropriate, in order to ascertain whether such permit should be issued as requested. The Chief shall approve and the City 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 applicable laws or regulations 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 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 years of the date of the application, committed an act which, if done by a licensee or permittee under this Chapter, would be grounds for suspension or revocation of a license or permit; or (4) Any applicant, or employee of the applicant directly engaged in the activity, has, within five years of the date of application, committed an act involving dishonesty, fraud or deceit with the intent to substantially benefit himself, herself or M 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 made a material false, misleading or fraudulent statement of fact to the City in the application process. (6) A warrant has been issued by a court of competent jurisdiction currently authorizing the arrest of the applicant. (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 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 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 6.16.010 et seq. of this Code. 5 (e) The Chief of Police may condition the issuance of any permit to ensure compliance with this Chapter and other applicable laws. (f) Permits issued hereunder shall be effective for the same period as the business license issued pursuant to such permit. 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 permit are met. Permits issued hereunder shall not be assignable or transferable in any manner. 6.14.030 Amusement zones. (a) No person shall carry on, 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 applicable zoning regulations. (b) 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." R (c) 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. (d) 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. 6.14.040 Fortune Telling. Except upon the Santa Monica Pier, or along Ocean Front Walk in the RVC District or along Santa Monica Boulevard and Lincoln Boulevard in the C4 District where, if duly licensed under the provisions of this Code, a person may engage in fortune telling for amusement purposes, no person shall carry on, 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, numerology, physiognomy, psychometry, seership, prophecy, augury, divination, magic or necromancy, or other similar art or business, and demand or receive 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. (a) 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 subsection 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. (b) Advertising Illegal 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 this subsection. 6.14.050 Business activities requiring police permits. The following business activities require a police permit: (a) Entertainment in Bar, Nightclub or Restaurant. (b) Firearm Sales. (c) Secondhand Dealers. Restrictions on secondhand dealers are set forth in Sections 6.88.010 through 6.88.150 of this Code. (d) 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. (e) 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 so 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 any one time shall exceed a total of four. Each person now holding a business license for the purpose of operating a pawnbroker business within the City of Santa Monica shall have the right to renew such license each year. However, if his or her license has been revoked or is not renewed within sixty 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. (f) Tow Truck Operator. Tow truck operators are entities that operate tow trucks as defined in California Vehicle Code Section 615. Tow truck operators shall only use tow truck drivers who comply with California certification requirements as defined in the California Vehicle Code Section 2430.5. 6.14.060 Auto Parks 9 (a) 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 City showing plats and plans of the parcel of land or structure to be used for automobile parking indicating, but not limited to, the following: (A) Boundaries; (B) Adjoining 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 driveways 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 City Parking and 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 10 location of points of ingress from or egress to public streets. Upon approval by the City Parking and Traffic Engineer, the City 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 Chapter 9.52 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 six inches in height with a one -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 six inches in height with a one -inch stroke width. Rates to be charged for the second and successive time increments shall be displayed in letters not less than three inches in height with a stroke width of three - quarter inches. No rates or time increments shall be posted in letters smaller 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 two inches in height with a one - quarter -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 six inches in height; M (B) When used, the words "WITH VALIDATION" shall not be less than three inches in height; (C) The sign shall clearly state, in letters not less than three inches in height, the amount of time such free or validated parking provides. (4) Auto Park Barriers. (A) No person shall park any automobile where any portion of such vehicle extends over any public right -of -way. Guardrails 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 guardrails or barriers shall be subject to the approval of the City Parking and Traffic Engineer. (B) Wheel stops not less than six inches in height and of a type and design approved by the City Parking and Traffic Engineer shall be placed not less than three feet from any adjacent property where vehicles, in accordance with 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 subsection (a)(1) of this Section, such wheel stops shall be located not less than five feet from side property lines. When, in the opinion of the City Parking and Traffic Engineer, a particular hazard may exist to adjacent buildings or property, guardrails of a type and design approved by the City Parking and Traffic Engineer may be required to be installed. Where guardrails are required, no portion of the guardrail shall be installed 12 nearer than six inches from such adjacent property or buildings, and wheel stops shall not be required. (5) Auto Parks — Soliciting, Surfacing, Etc. (A) 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. (B) Plank entrances or exits shall not be allowed, except on special permit from the City Parking and Traffic Engineer. (C) No person shall back out of parking lots into the street. (D) 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 of two inches, or Portland cement concrete with a minimum thickness of six inches. However, if any lot has, as of the effective date of the ordinance codified in this Chapter, a surface consisting of liquid asphalt, decomposed granite or gravel, and said surface does not, in the opinion of the City Parking and 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 and Traffic Engineer, constitute such a dust or mud nuisance, or until the expiration of twelve months from the effective date of the ordinance codified in this Chapter, whichever occurs first. 0191 Every provision of subsection (a) of this Section 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. 6.14.090 Police permit fees. No application for a police permit or the renewal thereof shall be accepted unless the application is accompanied by the current fees 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, the City 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 may or may not 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. 14 (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. (4) If the permittee, or any employee or agent of the permittee, fails to comply with conditions of the permit or fails to comply with lawful orders issued by City personnel charged with regulating or enforcing this Chapter. (b) If the permit of any person has been revoked, another permit shall not be granted 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. 6.14.120 Police officer is license inspector. Article. Every police officer shall be a license inspector under the provisions of this SECTION 4. Santa Monica Municipal Code Section 6.32.060 is hereby repealed. SECTION 5. Santa Monica Municipal Code Section 6.32.080 is hereby amended as follows: 6.32.080 Interstate. 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 to cover the cost of issuing the license. 15 SECTION 6. Santa Monica Municipal Code Section 6.36.040 is hereby amended 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 City 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 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. 16 (9) If applicant will vend food products, a valid Los Angeles County Department of Health permit and certification that he or she complies with all State and Federal laws regarding food product vending. (10) Any other relevant information required by the City. (c) No application for a vendor permit or the renewal thereof shall be accepted unless accompanied by the application fee. The application fee shall be in the amount established by resolution of the City Council. SECTION 7. Santa Monica Municipal Code Section 6.36.050 is hereby amended as follows: 6.36.050 Vendor business license fee permit issuance and denial. A vendor permit shall be approved, conditionally approved, or denied within thirty days of the filing of an application. The vendor permit shall be approved unless one of the following findings is made: (1) The applicant has made a material 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. (b) The City 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 City maybe revoked pursuant to the provisions of Section 6.14.110 of this Code. (d) The license fee shall be fifty dollars per annum and no additional license fee shall be required by virtue of vending in any assessment district. 17 (e) A vendor permit 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. SECTION 8. Santa Monica Municipal Code Section 6.36.060 is hereby amended as follows: 6.36.060 Appeals. Any decision by the City 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. SECTION 9. Santa Monica Municipal Code Section 6.36.110 is hereby amended as follows: 6.36.110 Sampling on the Pier and Third Street Promenade. No person may engage in the activity of distributing samples of goods, wares, merchandise, products or services on the Municipal Pier, Newcombe Pier or Third Street Promenade without a permit or license from Downtown Santa Monica, Inc. or the Santa Monica Pier Corporation issued in accordance with the corporation's services agreement with the City. Any such license or permit shall be conditioned so as to In ensure compliance with applicable laws and to protect the free flow of pedestrian traffic, emergency ingress and egress, the aesthetic qualities of these public spaces, and public access to all businesses and services. SECTION 10. Santa Monica Municipal Code Section 6.88.050 is hereby repealed. SECTION 11. Santa Monica Municipal Code Section 6.88.080 is hereby repealed. SECTION 12. Santa Monica Municipal Code Section 6.88.090 is hereby amended as follows: 6.88.090 Waiting period. Every secondhand dealer shall retain in his or her possession for a period of thirty days all tangible personal property acquired. The thirty -day holding period shall commence with the date of acquisition of said tangible personal property. The Chief of Police may for good cause, as specified by the California Department of Justice, authorize prior disposition of any such property; provided that a secondhand dealer who disposes of tangible personal property pursuant to such authorization shall report the sale thereof to the Chief of Police. SECTION 13. Santa Monica Municipal Code Section 6.88.120 is hereby repealed. SECTION 14. Santa Monica Municipal Code Section 6.120.040 is hereby amended as follows: 6.120.040 Permit application requirements. Regular and temporary valet parking permits shall be issued as follows: 19 (a) All regular permit applications shall be completed on a form designated by the Transportation Management Division, and signed by the applicant under penalty of perjury. All forms shall be filed with the Transportation Management Division a minimum of thirty days prior to the date requested for the issuance of the permit. Regular valet parking permits shall be issued annually. Renewal applications shall be filed a minimum of thirty days prior to the expiration of any existing permit. Where applicant is a corporation, association, partnership, or other legal entity, "applicant' shall mean each partner, officer, director, and each shareholder owning or controlling more than ten percent of such entity. All applicants for valet parking permits shall provide the following information with their applications: (1) The name and location of the businesses to be served (if applicable); (2) The hours of operation and the number of employees of the operator who will be assigned to carry out the activity for which the permit is sought; (3) Information as to the seating capacity or other capacity of the businesses to be served (if applicable); (4) A statement from the owners or managers of the businesses requesting the services of the operator (if applicable); (5) The location(s) where vehicles will be parked or stored for the businesses served (if applicable); F (6) The name, location, and telephone number where a responsible person, employee, or agent of the operator will be available at all times during the hours of operation. (7) Disclosure of all prior valet parking permits issued to applicant by the City of Santa Monica; (8) The routes to be used between the passenger loading zone or other vehicle pickup point and the parking or storage location; (9) A statement from the operator(s) of any parking facility(s) designated as the parking or storage location(s) as to that facility's ability to accept the cars, the number of spaces to be reserved for the permittee's operations, the total number of spaces in such parking facility(s), and estimates of the percent usage of the facility(s) prior to, and subsequent to the proposed activity for which the permit is sought. In cases where the parking facility(s) is part of a building or premises devoted to other uses which require off - street parking, the statement shall also include information as to the number of parking spaces which were required by law to be provided in the parking facility(s) to serve such other uses when said uses were established; (10) A copy of the written contract or covenant between the applicant and the operator of the parking facility(s) designated as the parking or storage location(s), which contract or covenant shall contain a provision that it cannot be canceled without at least sixty days notice to the other party and to the City; oil (11) The location of any proposed signs for the valet service and any proposed attendant stands; (12) Proof that the applicant has insurance in force satisfying the requirements of Section 6.120.090 acceptable to City of Santa Monica Risk Manager; (13) Payment of a nonrefundable permit fee and space use fee in an amount to be set by resolution adopted by the City Council. (b) Temporary valet parking permits. In a circumstance involving a non- recurring special event or a special need of an applicant to commence operations prior to the time an application can be processed for regular permit issuance, a temporary parking permit for a period of operation not exceeding seven calendar days may be issued by the Director of Planning and Community Development upon the submittal of an application, accompanied by the applicable fees, the certificate of insurance required by this Chapter, and such other information as the Director determines is necessary to assess the requested application. SECTION 15. Santa Monica Municipal Code Section 4.32.150 is hereby repealed. SECTION 16. Santa Monica Municipal Code Chapter 6.40 is hereby repealed. SECTION 17. Santa Monica Municipal Code Chapter 6.46 is hereby repealed. 22 SECTION 18. Santa Monica Municipal Code Chapter 6.52 is hereby repealed. SECTION 19. Santa Monica Municipal Code Chapter 6.56 is hereby repealed. SECTION 20. Santa Monica Municipal Code Chapter 6.84 is hereby repealed. SECTION 21. Santa Monica Municipal Code Chapter 6.100 is hereby repealed. SECTION 22. 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 hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 23. 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 the ordinance would be subsequently declared invalid or unconstitutional. 23 SECTION 24. 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 July 1, 2014. APPROVED AS TO FORM: MI Approved and adopted this 27th day of May, 2014. Terry O'Day, Mayor State of California ) County of Los Angeles ) ss. City of Santa Monica ) I, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2458 (CCS) had its introduction on May 13, 2014, and was adopted at the Santa Monica City Council meeting held on May 27, 2014, by the following vote: Ayes: Councilmembers: Davis, Holbrook, McKeown, Vazquez, Winterer Mayor Pro Tern O'Day Noes. Councilmembers. None Absent: Councilmembers: Mayor O'Connor A summary of Ordinance No. 2458 (CCS) was duly published pursuant to California Government Code Section 40806 . ATTEST: ( Sarah P. Gorman, City