SR-05-13-2014-7CCity Council Meeting: May 13, 2014
Agenda Item:
To: Mayor and City Council
From: Gigi Decavalles- Hughes, Director of Finance
Jacqueline Seabrooks, Chief of Police
Subject: Introduction and First Reading of an Ordinance amending Article VI and
Chapter 4.32 of the Santa Monica Municipal Code Reducing Various
Business Regulations and Police Permits
Recommended Action
Staff recommends that the City Council introduce for first reading an ordinance reducing
the number of police permits required by businesses to operate and repealing various
regulatory restrictions on business activities.
Executive Summary
The City of Santa Monica currently imposes regulatory restrictions and /or requires
certain businesses to obtain a police or other regulatory permit. Regulatory restrictions
and permits are generally adopted to address public safety and to benefit the public
welfare. After a review of the existing regulatory restrictions, staff could not identify a
public benefit that warranted the additional burden created by the regulations for a
certain set of businesses, since the public safety concerns can be addressed through
other existing laws and regulations.
Staff is recommending that various permits and regulatory restrictions imposed on these
certain business activities be repealed. Additionally, sales and use tax collection has
been preempted by State law and the relevant chapters of the municipal code were
suspended by Council in 1956; therefore, staff recommends that these chapters be
repealed.
Discussion
The City of Santa Monica currently imposes regulatory restrictions on certain business
activities and requires those businesses to obtain a police or other regulatory permit.
Regulatory restrictions and accompanying police permits are established under Chapter
6.14 of the SMMC and provide the Police Department with an administrative means to
1
address law enforcement issues with business activities that may contribute to illegal
activities.
After a review by staff of the existing regulatory restrictions, no public benefit could be
identified that warranted the additional burden created by the regulations, particularly
since most public safety concerns can be addressed through other existing laws and
regulations. Removing the requirement to obtain a permit would not relieve a company
of its obligation to obtain a business license and pay business license tax.
The proposed ordinance amends various sections of Article 6 Business, Professions
and Trades and Section 4.32.150 Health Clubs of the Santa Monica Municipal Code
(SMMC), repealing some regulatory restrictions imposed on certain business activities,
including dance halls, bingo games, liquidation and going out of business sales, health
clubs, vending machines, and auction sales.
Staff recommends establishing an effective date of July 1, 2014 for the ordinance, to
coincide with the renewal cycle for regulatory business permits and business licenses.
Upon adoption of the proposed ordinance, staff will return to Council to revise the
master resolution setting permit fees to remove any fees that would no longer be
required.
Owners of a company required to obtain a police permit are also required to undergo a
background check by the Police Department before the permit is issued. The scope of
the background check is determined by the Police Department and may include a
requirement that the owner and their employees be fingerprinted. Fingerprinting of an
applicant, also known as "live scan ", provides the police department with a record of the
applicant's criminal history (i.e. "rap sheet ") from the California Department of Justice.
Since most of the current police permits are obsolete, elimination of these permits and
fingerprinting services is offset by more effective allocation of Police Department staff
2
time, including greater focus on specific law enforcement activities. Business license
staff time is also reduced by the time necessary to process the permits, allowing for
more focus on business license compliance and tax collection activities.
Police Permits
Police Permits have been a regulatory tool of the City for many decades, and many
Police Permit requirements were added in 1996 to provide the Police Department with
specific regulatory powers to control certain business activities with the ultimate
objective of reducing crime. Chapter 6.14 of the SMMC requires certain business
activities to file an application for a police permit. The application requires that the
business disclose information about its intention and requires the Chief of Police to
conduct a criminal investigation to determine if the permit should be issued. Upon
review of these requirements, staff has determined that most of these permits do not
provide the Police Department with any additional tools to prevent crime or conduct
investigations; however, the requirement to obtain a police permit does place an
administrative burden on the Police Department and a financial cost on businesses.
Staff recommends that the police permits listed in Chart 1 below be repealed and no
longer be required of businesses as a condition to operate in Santa Monica.
Businesses would still be required to obtain a business license, pay business license
tax, and would continue to be tracked in the business license database.
Chart 1 also outlines the police permits currently issued for each permit type and the
amount of revenue collected by permit as recorded in the business license system.
3
Chart 1
FY 2013114
Police Permit Title Required by Code — Repeal
No. of
Permits
Revenue
Ambulance Service
26
$ 2,548
Arcade
1
$ 98
Auction House
0
Auctioneer
0
Auto Parks (i.e. Parking Garage /Lot)*
111
$10,878
Auto Wrecking
0
Bathhouse or Bath Treatment
0
Boxing
1
$ 98
Bowling, Billiard and Pool Halls
4
$ 392
Carnival Merchandise Sales
1
$ 98
Dance Hall
0
Dance Academy or School
10
$ 876
Drive -in Restaurant
0
Figure Studios
0
Fortune Telling
2
$ 196
Health club
9
$ 882
Herb Doctor
0
Matchmaking, Dating, or Personal Introductory Services
1
$ 98
Peddler
0
Physical Training or Fitness
110
$10,670
Recyclable Dealer
0
Rides - Manual, Electrical or Mechanical Operated
1
$ 98
Shooting Gallery
0
Skill Games, Machines, and Amusement Devices
2
$ 196
Solicitation of Business
4
$ 392
Taxicab (Other regulatory permit still required)
0
_
Telemarketing Sales of Goods
0
Telemarketing Sales or Services
0
Valet Parking (Other regulatory permit still required)
90
$ 8,820
Vendor (Other regulatory permit still required) **
0
*Autoparks will continue to be required to obtain a permit, however, the permit will no longer be a Police,
Permit, it will instead be a regulatory permit. There would be no immediate revenue impact.
* *Vendors are required to obtain either a vendor permit or police permit, but not both. Currently no police
permits are issued to vendors, only vendor permits. Currently 167 vendor permits are issued at a cost of
$25 each with revenue of $4,175 collected annually.
CI
Staff recommends retaining six police permits listed in Chart 2. The Police Department
would maintain its authority to conduct background checks on the owners of these
establishments and their employees. Conducting background checks on individuals
involved in these business activities outlined in Chart 2 below has a law enforcement
purpose and public benefit.
Chart 2
FY2013114 !
Police Permit Title Required by Code - Retain
No. of
Permits
Revenue
Entertainment in Bar or Restaurant
47
$ 4,606
Firearms Dealers
1
$ 98
Massage
27
$ 2,646
Pawnbrokers
2
$ 492
Secondhand Dealers
37
$ 3,626
Tow Truck Operators
9
$ 882
Massage
Massage permits will be addressed after the California State legislature has determined
what changes it will make to existing massage regulations which are scheduled to
sunset on January 1, 2015. The legislature is currently considering Assembly Bill 1147
related to massage establishments. The bill passed third reading by the Assembly and
was ordered to the Senate where it is in the committee process. The bill would impose
stronger regulations on massage therapy businesses and authorize greater local control
over such businesses.
Taxicabs
Although a police permit would no longer be required of taxicab franchisees and drivers,
there would be no other change to the current procedures regarding taxicab related
permits. Individuals would continue to be required to obtain operator, driver, and
vehicle permits. Drivers and owners would continue to be required to undergo a police
background check. Taxicab - related permits would continue to be issued by Planning
11
and Community Development, where franchise administration has been transferred.
Taxicab operators and drivers would be required to comply with the provisions of
Chapters 6.48 and 6.49 of the SMMC and the Taxicab Rules issued by the Police
Department. Each Franchisee would also continue to be required to comply with the
Terms & Conditions adopted by Council for each company granted a taxicab franchise.
Auto Parks
An Auto Park, which includes parking structures and lots, currently must obtain a police
permit. Although staff recommends eliminating the requirement for these businesses to
obtain a police permit, these businesses would continue to be required to obtain a
regulatory "Auto Park" permit. These operators would also be required to continue to
comply with the provisions currently outlined in Section 6.14.060 (d) of the SMMC,
which establishes regulations governing validated parking, barriers, signs, and soliciting,
as well as adhere to the current application requirements.
Valet Services
For operators providing valet parking services, although a police permit would no longer
be required, these companies would continue to be required to obtain a valet parking
permit that is processed by Parking Operations and approved by the Traffic Engineer.
These operators would continue to be required to comply with the provisions of Chapter
6.120 of the SMMC, which establishes strict operating regulations on valet companies.
Vendors
A vendor, defined as a person who sells merchandise in a public area from a stand,
pushcart, or motor vehicle, must obtain one of two regulatory permits: either a police
permit, in accordance with Chapter 6.14 of the SMMC, or a vendor permit in accordance
with Chapter 6.36 of the SMMC. By law, vendors are only required to obtain one of
these permits, not both. Currently only vendor permits are issued. The proposed
ordinance would clarify existing practice by eliminating the requirement that vendors
obtain a police permit. Vendors would still be required to obtain a vendor permit and
rfol
comply with the provision of Chapter 6.36 of the SMMC, which prohibits late night
vending on Main Street and establishes location restrictions, receipt standards, cleanup
responsibilities, and noise limits, among others. The current fee for the Vendor Permit is
established by the municipal code and limited to $25. The proposed ordinance would
amend this to allow for the permit fee to be established by resolution, which is
consistent with other regulatory permits. Since this fee would be based on cost
recovery for processing the fee, staff could begin using the $98 fee established during
the fee study; the net result would be an .increase in revenue from vendor permits by
$12,191.
Staff also recommends that vendors and exhibitors who participate in a community
event pursuant to Chapter 4.68 of the SMMC be exempt from obtaining a business
license. This has been the practice that has been followed pursuant to the
Administrative Instructions issued by the City Manager to implement the Community
Events law since adoption in 2001 and would therefore align the law with long standing
practice.
Health Clubs
In addition to eliminating the police permit required for health clubs, staff also
recommends repealing Chapter 4.32.150 of the SMMC, which establishes regulations
on health club businesses. The ordinance was adopted by Council on September 22,
1987 for the purpose of providing health club subscribers with an effective and
expedient method of obtaining refunds when their health club is closed and the
business fails to provide refunds within 30 days. In such cases, the refunds would be
administered by the City Attorney's Office and the Finance Department. Chapter
4.32.150 requires health clubs to secure a surety bond in the amount of $75,000 or 5%
of the applicant's previous fiscal year gross receipts, whichever is greater, to ensure
funds are available for the refunds. Health clubs may apply for an exception to the bond
requirement after three consecutive years of operation. These regulatory requirements
are no longer necessary, impose a burden on these businesses, and do not serve a
7
public benefit. According to the City Attorney's Office records, the City has not had to
intervene to provide refunds to customers since at least 1997. Of the ten health clubs
licensed currently, only one is still required to have a surety bond on file.
Regulatory Restrictions
Staff recommends that the following sections of the SMMC, which impose regulations
on various business activities, be repealed in their entirety:
Section 6.14.130 through 6.14.160 - Vending Machines
The regulations concerning vending machines were established in 1996 and provided
the Police Department with the authority to seal and impound vending machines. This
type of enforcement is not consistent with the priorities of the Police Department, nor is
it an efficient use of City resources. Staff recommends repeal of these regulations as
no specific public benefit is achieved and the regulations are not currently enforced.
Repeal of these regulations does not affect the regulations related to news racks
provided for in Chapter 6.28. The selling of cigarettes or other tobacco products by
vending machine or any other device that automatically sells or dispenses tobacco
products would also continue to be prohibited by Section 4.44.030 of the SMMC.
Chapter 6.40 - Auction Sales, Jewelry and Other Articles
The regulations concerning auction sales were established in 1949. The regulations
require the Police Department to conduct an inventory of all items being auctioned and
to ascertain the truthfulness of the applicant with regards to the items being sold. These
regulations place a burden on Police Department resources and on businesses without
serving any specific public safety objective or measurable public benefit.
Chapter 6.46 - Restrictions on Liquidation and Going out of Business Sales
The regulations concerning liquidation and going out of business sales were adopted in
1996, establishing a requirement to obtain a permit prior to advertising or conducting
any type of business liquidation sale. Applicants are required to provide copies of all
9
advertisements, an inventory of merchandise to be sold and the price for which each
item is to be sold. The applicant is also required to pay a fee, which is established by
code, of $125 for a sale of thirty days or less, or $240 for a sale between thirty and sixty
days. The regulations restrict a liquidation sale to the time period outlined in the permit
and to the merchandise listed in the inventory list. The regulations include other
miscellaneous requirements related to order taking and business with multiple locations
and are administered by the Finance Department. In the past 15 years, 14 of these
permits have been issued; two have been issued since 2012. The requirement to
obtain this permit is not actively enforced; the regulations create a burden on Police
Department resources that are not consistent with its priorities, as well as a regulatory
bar and financial cost upon the business, without serving any specific public safety
objective or measurable public benefit.
Chapter 6.100 — Bingo Games
Chapter 6.100 was adopted in 1977 and established regulations on bingo games for
charitable purposes, including permit requirements. The regulations restrict the
issuance of bingo game permits to non - profit organizations. Bingo game permits are
not classified as police permits and no background checks are authorized by the
regulations. The regulations require that a permit be obtained from the City Manager or
his designee. Currently the Finance Department is responsible for issuing these
permits; however, the business license unit has no records, which go back to 1996, of
any bingo game permits being issued. The regulations require a bingo game permit
applicant to secure and maintain a surety bond in the amount of $5,000, and establish
rules of conduct, including no participants under the age of 18 years, recordkeeping and
retention requirements, prohibition of admission fees, posting requirements, and a
prohibition of alcoholic beverages. The regulations are not actively enforced and
achieve no law enforcement need or clear public benefit.
9
Chapter 6.84 — Dance Halls
Chapter 6.84 was adopted in 1952, establishing regulations on dance halls, including
permit requirements. These permits are classified as police permits and the Finance
Department is responsible for processing the applications; however, the business
license unit has no records, which go back to 1996, of any dance hall permits being
issued. The regulations prohibit marathon dancing contests, lewd, suggestive or
unusual dancing, enclosures within the dance hall, and the wearing of masks or
costumes. The regulations bar persons under 18 years of age in any public dance hall
unless accompanied by his or her parent or legal guardian, and bar persons under the
age of 21 from public dance halls between the hours of 2:00 am and 6:00 am. The
regulations achieve no law enforcement need or clear public benefit.
License Tax Upon Retailers and Use Tax
Chapters 6.52 and 6.56 of the SMMC, related to License Tax Upon Retailers and Use
Tax were suspended by Council on February 28, 1956 due to the passage of the
Bradley -Burns Local Sales and Use Tax Law in 1955 by the State. Staff recommends
repeal of these chapters due to their obsolescence.
Business License Processing Fee
Section 6.04.030 of the SMMC requires business license applicants to pay a fee to
cover costs related to processing business license applications. Due to recent
California case law clarifying the requirements of Article XIII of the California
Constitution, the processing fee is no longer collected by the Finance Department. Staff
recommends repeal of this section.
10
Financial Impacts & Budget Actions
The proposed elimination of 30 police permit fees and the proposed rate change in the
vendor permit fee will have an overall effect of decreasing annual revenues by $25,744.
Required budget actions will be included in the Proposed FY 2014 -15 exception -based
budget.
Prepared by: Salvador M. Valles, Business & Revenue Operations Manager
Kenneth Semko, Captain, Santa Monica Police Department
Approved:
U.
he Seabrobks
Police
Attachments:
A. Ordinance
11
Forwarded to Council:
Rod Gould
City Manager
City Council Meeting: May 13, 2014
Santa Monica, California
ORDINANCE NUMBER (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
1
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
z
taxes solely due to participation in the community event. An approved participant
otherwise subiect 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 Chapter 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
shall first obtain a permit to conduct such business from the Chief of Police 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 Chef of Police 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.
(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
erdinancesregi!Iations 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
0
(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
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 knewingly and with the intent to deGe"_ 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
61
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.
(e) The Chief of Police may condition the issuance of any permit to ♦ensure
compliance with this Chapter and other applicable laws.
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.
M
(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
the applicable zoning regulations for the Residential Vis ter GernmerGial n,G+F,, +
(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."
(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.
Telling.
7
maGhs„e.
(d) FeFt une TelliRg. 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
_ ff ei .-
mme
mimm
EaGh
be the maximum wage for
open. PG"GG 0ffmG8F se
empieyed shall paid prevailing
(d) FeFt une TelliRg. 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.
(24) 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.
(b2) 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.
0
ro-
• u— 1 1 ••_ •• 1 u n •• n• ■ n n \ 1
6.14.050 Retail Business activities requiring police permits.
The following fetail business activities require a police permit:
■ MI
10
(as) Entertainment in Bar, Nightclub or Restaurant.
(db) Firearm Sales.
dl
iR the h bUyiRg,
ether a dealing
in e' +he
eRgagiRg
of selling, or
papers,
+ h'I nelleGte.+
biGyGles,
heneh+ seldl
or othenei oe
deal
metals,
or which are
beiRg
diGrnaRtled taken aFt'Gle6
GarRmonly
kRGWR as
after
er apart, 9F other
11 reGyGlables."
(M cj 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.
11
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.
i1p)
.. .. - .. .. .......
(d)La 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 Chief e 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;
13
(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
location of points of ingress from or egress to public streets. Upon approval by the City
Parking and Traffic Engineer, the City 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 Chapter 9.52 of this Code, and
also with the following regulations: Letters and figures on such signs indicating the rate
14
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;
(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.
15
(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 (da)(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
nearer than six inches from such adjacent property or buildings, and wheel stops shall
not be required.
(5) Auto Parks — Soliciting, Surfacing, Etc.
S
(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.
Every provision of subsection (da) 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
17
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.
1ffil
With
the area Govered iR surh a
aRy pubic area exposed;
ar with pubiG
that thp aFe viGible�
geRitals
e ego
With
the area Govered iR surh a
aRy pubic area exposed;
ar with pubiG
that thp aFe viGible�
geRitals
•
- -
-
- _
- ■
19
..
Pill
21
IiGense
that the
b rokers linensed to eperate within
the
pawnbrekw's so
number of
total fouF.
pawn
FaGh nGw holding a businesG
Gity at any Gne time shall
expeed A of
persen
he
liGense
eaGh Hewever, if his or
Nle-nina shall haVe the
right to renew SUGh
year.
license
the-earliest filing
date in no event c;hall a paWRbreker's
PaWRbreker'r
Garrying
liremse. hp isswed te any
per6on, except a renewal
of a previous liGense, when
suGh
number greateF than four.
21
■ - '
W-TrLr�s
_ - _ -
P40A
6.14.090 Police permit fees.
No application for a police permit or the renewal thereof shall be accepted The
this r f9F the reRewal Of 6, Gh a permit unless the application is accompanied by
23
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, 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.
(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.
24
(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 shall behas 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
25
...
FW
All
T"T
-•
-
--
--
- -- - -...
--
-
• -
-
Am am
wVTqMIr2qr2m2".r
FW
- -- - - ;.
by the permittee.
SECTION 4. Santa Monica Municipal Code Section 6.32.060 is hereby repealed.
27
A.22.060 Bond required for soliGitors.
as that from �.AfhiGh the soliGitiRg will be dGne, withiR the City fer at least six menth , .
to the time of appliGation, making appliGation fer ;; linense, must file with the
Gity of Santa MORiGa a surety bond in the sum of five hundred diellars conditioned tha
the applicant shall Gomply fully with all the provisions of this Code and the laws 0
guaranteeing to any Gitizen of the City ef Santa MeniGa, that all meney paid as a dowR
v.gith the sn'06tor er canvasser, that the preperty P61FGhased wall be delivered aGGordinq
to the representations Af said snliGiter. or nanvasser,
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 '
Departme
0
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 Chief cf Po! ?c° 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.
F
(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 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.
twenty F,,° dollars. 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.
30
pen�Ait should be approved. Fxcept with respeGt to veRdoF permits subjeGt to SeGtiOR
6:36 -070*, a 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 knew+ngty 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.
(4) The appl'nant hal; not been selected in annerdaRGe with the PfGced4re-set
forth in Rentonn 6.36.070*.
(b) The CitV 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 City Chief cif °^'., may be revoked pursuant
to the provisions of Section 6.14.110 of this Code.
(d) Upon appreval OF GGnditieRal approval of a vendor permit by the Chi
payment PGliGe City, it shall hes-brnitted by the appliGant te the Director of FinaRGe who shall
ef +he IiGe se foe --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.
31
(e) *, a 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.
Except as provided fGF in SeGtien *, a _ny decision by the City 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.
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.
32
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 the Bayside DistriGt Corporation
Downtown Santa Monica. Inc. or the Santa Monica Pier Management Restoration
Corporation issued in accordance with the corporation's services agreement with the
City. Any such license or permit shall be conditioned so as to 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.
m7.gtl:1_T.■:1�iITTit1rcT.7T.tef ■rsrr.- .r_�:sass IRSII S- ��I�LT. T. fI: 1P- T_'TlS.7:L1tT7TT- 1:3R�,�:1/a7T
33
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 reported under the previsiens of this
Shapter. The thirty -day holding period shall commence with the date of acquisition of
said the rePGrt Of acquisition of tangible personal property _ ..._.r!_ *__ *_" _ C f f
The Chief of Police may for good cause, as specified
by the California Department of Justice, authorize prior disposition of any such property
34
de6G ibed if' FePert; 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:
(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
35
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);
(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;
36
(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;
(11) The location of any proposed signs for the valet service and any proposed
attendant stands;
{4�34L121 Proof that the applicant has insurance in force satisfying the
requirements of Section 6.120.090 acceptable to City of Santa Monica Risk Manager;
37
4Q(1 3 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 Chapter 4.32 is hereby repealed.
M
m mmm z a
mmm�rj -mm WE
39
e,
41
Xff
41
41
■- - ME .
- - •0
whym
SECTION 16. Santa Monica Municipal Code Chapter 6.40 is hereby repealed.
,, ,
42
For the
y:
Chapter, P-e-rt.ain mlords and
are defined and
purpose Gf this
phraGes
he. -F-,d
he4n forth, unless it Ps
appa.rF-,nt from thP GAR
previsiGns shall
that a. d.offerpnt
constri
meaning in+an!!er!
as set
sets,
rA
--itatmons thpreof,
A 40 02D A
4'a�
or atheF
e
PF8GiGL16 o
brolliants, wtides
rnadP
WhOle Gr part geld, platinum
6.40.030 dev.fe
u
y:
i.A.Fhprp
sale" a ;Ale of prepei4y public
8S N dsare made
fer With or without
sets,
rA
--itatmons thpreof,
whether
in
seld or effered sale
on of silver,
or atheF
e
PF8GiGL16 o
brolliants, wtides
rnadP
WhOle Gr part geld, platinum
6.40.0410 Auction
".A.-Unfinn
sale.
eutcry tG the highest biddeF,
by
i.A.Fhprp
sale" a ;Ale of prepei4y public
8S N dsare made
43
6.40-060 C..empt Gnc
The previsionG of thi6
Chapter
apply to the IaNAAfl
sale ef persenal
shall not
tnistees
in bankruptcy
ar assignees foF the
benefit of ered
or trust GempaRiPc; nF
by 9F on behal
allGtiOR,
Rer to sales
disposing ef preperty, real
Gr personal, at
"Gensed - inredeemed
in the manner
by law; provi
pawnbFc)kprq of
pledges
provided
less than
ten days # the
mont
of an all Gt'nn_ salc_hV�
that not
pawnbrGkeF he er she shall
nGtify the Chief ef
Pc)!!Ge in writing of
his Ar her intention te
the
time, and
esfirnated duration
thereof and previ
r,n_ndunt suph sale And
plaGe
te be seld or offered
feF sale at suGh
fi-,.rthe.r that the pledge number
af eaGh artiGle
t' h rt' I Affered F
sale at auotiGR.
M,
Ell
.. :sursms�
Eli
If
the
SiZe GF weight ef any precieus or Gem;
thp man.ufanturep's number,
any, name,
the
eir fineness thereof used in any aFtiGle
preGiGUS StOneS, the kind
of metal,
fi-irther informatien
grade
as reaSeRably Ghall tend to inform
tegether wmth R-inh other
0
-and
inventory
the
and of the article. listed an
per-seRs examill Rg the
;d R y the same,
of
natuire quality
.. :sursms�
Eli
EIrA
T
3i
m
Ion. -MORROM
-
- --
ul
m
any ef the following days ef any year: january ist, july 4th, LabGr Day, ArmistiGe Day,
Thanksgiving and- n-p-ne.rnber 9-5th.
r_. M krq;l
- - -
50
or employ
aRether
te art as bidder,
oF
what
engage aRy per-SGR te make,
6i#er, or
offeF,
buy
A-F offered
for sale, or make,
utter,
C)
Wd 9F falsely preteRd to
or sell any
wtide
sGid
hiMSelf fiGtifiOUSly
list, deGlare
eF
utter any bid
at any
6,
bid at any alldon 6ale,
At the time.
9F
to the
Wghest bidder
on an
article seld
by
a-06on salp
of rnak;Rg
a sale
that th shall be dosrprnible
G AA A ®(1 AtF a. F attention
J
4
to sale
other6
drum
presept.
fife
ethpir n.qtnArnent
Of MUSOG,
Ror
an
NA bpllma.n OF Grier,
n9F any
or or
r_. M krq;l
- - -
50
sale-
51
52
in said inventory, or
whiGh ha.. been
add
.-;tnnk of mprGhandise dP';Gr'bpd
60 days te
the date the
app"Gant filed
appliGaRt's stonk within a period ef prior
if been On b6i6ine6s-le66 thaR fiVe
the
period. appliGant has
years,
to fer sale or 6ell at
any allGtmGR sale
any per6onal
shall be offer
- - unlaMul for any person
in to the stack lusted and de6Gribpd in said
in nontinuo-16
pFE)peFt ( addition
na
/` Afl 240 Permittee in attendance.
has been
shall rernain
The perseR te when; the permit gF;;ntpd
52
SECTION 17. Santa Monica Municipal Code Chapter 6.46 is hereby repealed.
mmom
SECTION 17. Santa Monica Municipal Code Chapter 6.46 is hereby repealed.
53
,
in transit in
Genner-Ainn with a
deGlared
purpose as
Mer.rhandiRP
AR order,
9F stGGk,
sale
due to liquidatmen,
revm6meR,
set ferth by
advertising
that such
,
bUGmReSS
at any I atio and
the
GendUGted
53
(2) All sales advertised
the dispesal
in
to Genvey to
the the
aRy rnaRner GaiGulated
the te be
sale, the bUSiReSS
publiG
OF
belief that UPGR ef
goods plaGed
on
be
,
r1' nnF'n er! OF nhanned; and
be .'Adjuster'G
"AdjustmeRt
(3) All sales advertised
te
'n
,n
54
-
■
-
■
-
•
-
_
� -
ra MUM
54
(G) "Permit"
shall
.,
issued fora ale as defined her '
mean permit
(d) "Perm,*@@"
pursuant to this
ii��l
to a
has been icc e-0
Cec4ion
`hall meaR any person whem
permit
`e1 "DireGtor ef C'n shall mean the Cifilo IYren4E.r of Cinenne er authorized
designee.
61 ornora4'on other entity shall hereafter
publi6h GF GOndUGt aRy 6ale deSGribed abeve without first obtaining a permit ther
ons oomnan.. n or
from the Direoter of Cinanoe
55
ii��l
it
�I
55
■
I J1: LT: T�7TS�1�7'. 7�f: �FrST' fr1.: 7[ �7- T.'1�117- T.7Ll�llT��1JTSTI�S� �Jiti77s7
r;s�m 1111:111,11,111
Cf7TT' IR17T�: gi�T��MTST. T. �S�� Ii:LTSTJ- �J- ti71T:ET.�:7S�7C - TT�G7'S. i[iZT.T.�:►- TSSN:StnTSi7T
56
57
rC my Z2
q VA
W-
rrseasr_rntaarrrs� �nsrszsa:trrra:rrsrr_ rsrrzr�.irs.......
KfIrMpNom
biLULUWAM
- ■ - - - - - -
as:
■
59
/9\ A peFmit hall
-. nz +h +h a
e o .. e
type of
sale n mod in the applisa+'o
at the
time,
therein,
by the
appliGaRt, and
paFtiGulaF
and partiGular plap-e-
stated and
partiGulw
to the
fee),
the
sale 9f MeFGhandise
only
wN
(s6ibjeGt appliGable
and
shall permit
s Uoh permit m void.
No persen
i n .. on+emplation of
in the fGr
the
a
inventeFy
by this
Code; and
al�4
set out appliGatiGR
vAinh rnprr-h;4ndi6e throughout
permft
the
and
duratien
ef the
as required
sale must be definitely
Gepar
sale.
frem
displayed
purpese
the eF
ef business,
and
any other MerGhandise
at,
9F within
store plaGe
tG,
tG the
must-h-e-
all advertising, signs eF RGtiGes
fined to the display or
Feferring
displays of
mershand's
OF
Galling attentiGn
involved in the sale
sale,
G AG 070 Rules and
valid only
for the
advertising
reams en+a +'o
nd sole
of the
regulations.
D '+ shall he
A ��.. .....,...
........
"IN
time,
therein,
by the
appliGaRt, and
paFtiGulaF
and partiGular plap-e-
stated and
partiGulw
hall be
la yf I and shall render
s Uoh permit m void.
No persen
i n .. on+emplation of
during
the sen�+' sef
a
sale, eshall order
conducting ��-
a,3�sh - salv ;-
-
oeds
fer
of selling
+hem at sunh
sale.
wares
SAGARn
or rnerGhandi6e
Pcbm.rpr to revoke.
purpese
"IN
(1) The helder of a unh permit has made any materiel m 66tatemen+ in the
..nnl'nnf "en fer 6 unh permit;
G7d
I "WA�M!Mmrs
G7d
■
- - - ♦
- - --
♦ - -
■ - -
G7d
er revoke the if the vielatiORS
fGFm the basis rornpla;Rt
peFmit.
which ef such GeRtiRue
_nn ate _F:g."el .
premises .
6°vaea shall at all firnees be try
. rte ..nt Wh'. 6616h permit .......
Birester Finance, his he
available said
abe
of
immediately upen
theFeef te the in At the. leratien.
giving RGtiGG
sale. DuriRg 66IGh suspension,
person Gharge A
the type herain
d
G AC 090 Less of identity.
Any r mnaoi I f
- 9--T�— a� a� a���= one..,,,...,....._.
no per-sGR shall GGRduGt any sale of
rohandm6e de.°,nr.hed n the vnMn.
h thi
required
.,, . ^`.�,. ,,,, ._.,, .,, ,s
s
by the Bireator of c mQnne h °—pry
+ tm
displayed the
shall
rtni° TtTl
A of the '.nventnnY
y near eRtraRGe e
n +o oh
_nn ate _F:g."el .
premises .
6°vaea shall at all firnees be try
. rte ..nt Wh'. 6616h permit .......
Birester Finance, his he
available said
abe
of
in6peGtBr and iRye6tigmGr6, the
—and -npermittee
no+'n.e+or6 to evom'n all m rohnn,J'n iR the
shall permit SLIGh— InSpeGtor-- -a, -.�
f h
nventory.
Premises GGmpaFm6GR with
62
63
..
isra :.rrsre.�mae,� :rrsr.��xrsrnr�
SECTION 18. Santa Monica Municipal Code Chapter 6.52 is hereby repealed.
MIMI-
■_ .,.. —ffn 031
[z1
65
rsmr�vasr�
.,.
MOM
0
91- ' - - -
M.
Am
11 INEiPPI
- - -
M
- - - - -_-
m
gemgm
- - - - -_-
m
12M MORIF
M.==.mrVW.WKorFA
Mi.
I
12M MORIF
M.==.mrVW.WKorFA
Mi.
_
70
._ ..._ ._ .. _. IIV
. -.
AM
M. mPTMITrmL%r-=
_
70
MMU., 1 r-:F- MUSS - -_ - - - - _ - - - -
71
Ml
71
a e2 aon False .eperts
No per6eR shall make, reRder, sign eF verify any report under the provisiqRs of
this ChapteF with mRteRt to defeat or evade the determination Pf an amGuRt due
required to be paid hereu Rder
SECTION 19. Santa Monica Municipal Code Chapter 6.56 is hereby repealed.
72
r._ =.
73
the
City, n-.r is to he sold Gr FeGGId
subsequently
prinGipally 616ed outside
regular nG o of business.
vAmph
r._ =.
73
a _ ♦ _ MR . 0 . _
1
adopt' I
f hearings the .i of the State Bear d f
the adoptieR Gf and
EqualmzateR be
regulatioRs and
by the Gity GouRGil ef the Gity. All other a
shall performed
State "Sales Use
provision's
Tax Law" hereby foF the
the and
the
adepted providiRg peifermanG
the State Beard EqualizatieR shall be by
GffiGial aGtiGn oR paFt
G ity-T eases; eF
G CG 070 Ta. r'a
City
Gf of performed
for the Ca.,ao
.�. _.._ �____.
deemed foF the State of GaliforRia wheRever the
�..._e......�_.
... substituted
The Gity shall be
substituted
MTS�M
At
I 1
adopt' I
f hearings the .i of the State Bear d f
the adoptieR Gf and
EqualmzateR be
regulatioRs and
by the Gity GouRGil ef the Gity. All other a
shall performed
State "Sales Use
provision's
Tax Law" hereby foF the
the and
the
adepted providiRg peifermanG
the State Beard EqualizatieR shall be by
GffiGial aGtiGn oR paFt
G ity-T eases; eF
G CG 070 Ta. r'a
City
Gf of performed
for the Ca.,ao
.�. _.._ �____.
deemed foF the State of GaliforRia wheRever the
�..._e......�_.
... substituted
The Gity shall be
substituted
74
SINT
mi
of the sales of the "S-a-les and Use Tax
nterpretafion,
arlministratian and Pnforr-.Pmpnt
ansofar
shall apply te the
inteFpretation ef this Chapter
Lavi'
as appliGable,
by the
adopted by the City Go,
abandoned
pursuant
speGifiGally ruies and regulations
to this Chapter.
SINT
mi
76
Any
ef business On
this City may apply to
Chapter. retailer not maintaining a place
Treasurer for te the
tax hereby imposed.
Upen FeGeipt ef any
Gity authorization GO"eGt
from
to SeGtiGR 6.56.13C) tO GOI!eGt the said
reGeipt a retailer autheFized
pur6want
by retailer.
...dh..:zed by the Git.. Treasurer to Gellert the tax irr��nner#
6.56.160 Colle6tion tax
of
taile.,,,h.. is
Every
to the
to fopward the
City Treasurer.
Gity tangible rs_oual
SLIGh GG'18Gtions and same
A.5- 6 140 Darc.nnc liable to {..v
..th.. i
this
Every person USiRg or
N
76
howeveF, tax
be due hereunder if the tax by ChapteF 6.5
provided, no 6hall
Art' 1 h;;,.; been id
n erty The liability of c ,nh e
the
this on
person_ic
sale Of SUGh
from
to SeGtiGR 6.56.13C) tO GOI!eGt the said
reGeipt a retailer autheFized
pur6want
by retailer.
...dh..:zed by the Git.. Treasurer to Gellert the tax irr��nner#
6.56.160 Colle6tion tax
of
taile.,,,h.. is
Every
76
the tax from
the the
time ef makiRg the sale,
er, if the use
or othe
col!eGt
PUFGhaser at
the
beG()Me6
taxable. Upon GG"eGtiRg the
tax, the retaileF,
9R
use or other GaRsumption
demand,
to the
therefer iR the
maRRer and
f
shall gWe
by the
purGhaser
("t Treasurer.
a reGeipt
tax ax s p eallesterd by the retailer
shall be
he!
preSGribed
the t'm elsewhere
in this Chapter.
provided
6.66.160 Separate
display tax from
list or Gther pHce.
from the
shell he display
ed
The to so
from the
of
ll 4 rd by the
retailer
list the pripe
r urphaser
a.dveh'serl in the premises
the marked
r yrd
p
separately
' e p n the
priGe,
sales shepL a ether
proof of sale
proof _. __.._.
vv icy p.. ...,.., .... ...`-
ether
.......,..... ....... _� __.._.
R CG 470 Personal
n erty to ..hi..h
tax plies
the tax imposed
hereby applies
to all
EXG t as otherwise
speGifiGally
exempted,
-
.R:
77
- - -�
- �-
- - - - - - .,e -,y - -
78
Taxes imposed by this Chapter due
and to the City Treas� rer nn er
� r are
h f the Iasi day of the ext s eed'n
payable
ra> >
aeh month the first
quarterly peried,
be due this
Chapter or befere the last day of Affi�
payment 6hall and payable uRder
4050 The ("4 Treasurer f rns
on
and n avm eat of the amount of taxes- far
than
depending the Of or
quarterly perieds ether Galendar quarters
upon prinGipal plaGe
the t of taxes- fer other than nerleds
may
i it' extend the time
s o n
amount quarterly
a rer ��nen a��ce
The ("t T d
good
h' h shall he made for not too
shown writing, ,e
eed 30 days
within pay.rn.p.nt
79
We
arrangement exists. SUGGessors, recovers, trustees, executers, administrators
a6sigRees and guarantom, if doreGtly interested, may be given As to
°n red to h° nnlle..ted interest and penalties
6.66.27-0 Calm reports.
No person shall make verify an r t d thf
r ender Sinn or .. er y ep nr under e provisions o
i
this Chapter with intent to defeat or evade the determina4,n„ of an amount due onf!
required to he paid hereunder.
6.66 280 Failure to make return or furnish data
No p snn h sall fail n r t furnish return required rekise o any red to he made under the
previ6iens of this Chapter or fail or refuse te f6irR'6h a supplemental return er ether dat-a
required by the City Treasurer, or ender a false or fraudulent lent reti irn
SECTION 20. Santa Monica Municipal Code Chapter 6.84 is hereby repealed.
Chanter 6.84 nnnlre unl 1 c
G 8 010 Permit and lisnnsn
Evil
gm
m
i
m
.•.
�:il
_ � e _ • . . • - e - m�rrr,�s�rrnzsrr _ . .. .. i�:rrrzrm
e _ - e _ • . e • - e - "I'M
111111111111111111!11l!!!I!Illli!!!IllllllllllllI pill
IM
- -
1.11
All fGF be accornpaRied by the required
filing fee, shall
appliGatiGRG PeFM'tS shall
be r't'n nrl shall be filed the Chief of Pel's shall
nntain cnnh
with and
is be lRirniGal to the health, welfare
er 6afety o
WhiGh suGh permit 69ught will publiG
GE)MMUnity.
G QA X160 1 ..nre of permit ®..les and r ..lateens
If the GNef of Pol'ee f'nrls that the '66UiRg of sL Iah a as nrev'rtert
in Qentien
permit
OrWam
0
SECTION 21. Santa Monica Municipal Code Chapter 6.100 is hereby repealed.
:nr:rr
Elpirm - - - - -
- -
wamm
0
m
binge
leased by it for ninety (90) Gr
more day6, GF on
game only en property owned or
h' h the organization is n zed
• - -
0. - -
._ ._
nn Leh m,
MW MmMlaft
an
91
• -
- - -
--
- -
-
.....
-
-
92
be brought
against a &urety-upon-"
(5) The time within whiGh any aGfiGR Gan
bGRd filed hereunder may, by express PFGViSOGR ef the bGRd
he have, bring in his own
Rame upen said b9Rd
any ether remedy that may an adOn
the FeGoviceyofr-any damage sustained by him.
frGm the di6GGVery, by the
aggrieved,
of the
be brought
against a &urety-upon-"
(5) The time within whiGh any aGfiGR Gan
bGRd filed hereunder may, by express PFGViSOGR ef the bGRd
to that effeGt, be
limfted
frGm the di6GGVery, by the
aggrieved,
of the
periGd of two (2) years and a#eF
PeFSOR
93
is of geed moral GharaGter and does not have a bad reputatien for truth, hGResty--of
inter
M
_
- - -
-
.
rel.
jlie
M
95
m
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.
97
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:
0