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Ordinance - 2160ORDINANCE NO. 2160 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING MUNICIPAL CODE CHAPTER 14 RELATING TO LICENSES AND BUSINESS REGULATIONS (• WHEREAS, the City of West Covina has enacted a comprehensive ordinance to collect revenue and regulate the carrying on in the city of various lawful businesses, professions, trades, callings, and/or occupations through the issuance of business licenses; WHEREAS, California Government Code section 37100 states that a city may "pass ordinances not in conflict with the Constitution and laws of the State or the United States" WHEREAS, the existing provisions of the West Covina Municipal Code does not clearly state that a business license may be denied based on the determination that a business is illegal under federal and/or state law; WHEREAS, certain activities may be legal under state law and yet may be illegal under federal law, creating an ambiguity in the minds of applicants that such business is "lawful"; and WHEREAS, the City Council desires to bring the West Covina Municipal Code Section 14 in line with the requirements of California Government Code Section 37100 and promote clarity as to the operation of `9awful" business activities. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West Covina as follows: SECTION 1. West Covina Municipal Code Section 14-17 is hereby amended to read as follows: See. 14-17 Definitions: For the purpose of this article, the following terms shall have the indicated meanings: Conduct or carrying on shall mean and include the engaging in, carrying on, owning, maintaining, managing, or operating any business, trade, art, profession, calling, employment, occupation, show, exhibit, game, or enterprise, or any commercial, industrial, or professional pursuit or vocation. Fixed place of business is a Iocation in the city at which is kept a substantial stock of merchandise or equipment generally kept in connection with businesses of like nature or character and upon which city and county taxes are assessed and paid, or any established physical location within the city where a business, trade, art, calling, employment, occupation, show, exhibit, game, or enterprise, or commercial, industrial, or professional pursuit or vocation is conducted. Gross receipts shall mean the total amount of the sale price of all sales, the total amount charged or received for the performance of any act, service or employment of whatever nature it may be, whether such service, act or employment is done as a part of or in connection with the selling of goods, wares or merchandise for which a charge is made or credit allowed, including all receipts, cash, credits and property of any kind or nature, any amount for which credit is allowed by the seller to the purchaser without any deduction there from on account of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable, losses or any other expense whatsoever; provided, that cash discounts allowed or taken on sales shall not be included. "Gross receipts" shall also include the amount of any federal manufacturer's or importers' excise tax included in the price of the property sold, even though the manufacturer or importer is also the retailer thereof and whether or not the amount of such tax is stated as a separate charge. "Gross receipts" shall not include the amount of any federal tax imposed on or with respect to retail sales whether imposed upon the retailer or upon the consumer and regardless of whether or not the amount of federal tax is stated to customers as a separate charge, or any state, city, or city and county sales or use tax required by law to be Ordinance No. 2160 Page 2 included in or added to the purchase price and collected from the consumer or purchaser, or such part of the sales price of any property previously sold and returned by the purchaser to the seller which is refunded by the seller by way of cash or credit allowances given or taken as part of payment on any property so accepted for resale. Illegal shall mean contrary to any applicable law, code, regulation, statute, order, ordinance, or any other legislative, judicial and quasi-judicial act, of the United States of America, the State of California, and the City of West Covina, or their subdivisions. Lawful shall mean in harmony with all applicable laws, codes, regulations, statutes, orders, ordinances, and all other legislative, judicial or quasi-judicial act, of the United States of America, the State of California, and the City of West Covina, and their subdivisions. Peddling shall mean and include traveling or going from place to place, or from house to house, within the city, and peddling, hawking, vending or selling any goods, wares, or merchandise, carried or caused to be carried or conveyed by or with the person peddling, hawking, vending or selling the same. Sale shall mean the act of transferring property to another in exchange for money or other valuable consideration. Sell shall mean the giving of property to another for money or other valuable consideration, including compensation for actual expenses or reasonable compensation incurred for services provided to another. "Sell' shall include offering to sell or contracting to sell at wholesale or retail, of any goods, wares or merchandise. Soliciting shall mean and include traveling, or going from place to place, or from house to house, within the city, and soliciting or taking orders for any goods, wares or merchandise for future delivery. This definition shall not apply to charity soliciting. Special services officer shall include "license inspector." Time spans. A part of a day shall be deemed a day, more than fifteen (15) days and less than a month shall be deemed a month; and more than one month and less than two (2) months shall be deemed two-thirds (2/3) of a quarter; and more than two (2) months and less than three (3) months shall be deemed a quarter. Unlawful shall mean contrary to or in violation of any applicable law, code, regulation, statute, order, ordinance, or any other legislative, judicial or quasi-judicial act, of the United States of America, the State of California, and the City of West Covina, or their subdivisions. SECTION 2. Section 14.21 of the West Covina Municipal Code is hereby amended to read as follows: See. 14-21. Application. Before any license required by this article is issued to any person, such person shall make application therefore to the license collector of the city. The application for a license required by this article shall include a sworn statement, upon a form provided by the license collector, setting forth the following information: 1. The exact nature or kind of business for which a license is requested; • 2. The place where such business is to be carried on; 3. If the amount of the license tax to be paid by the applicant is based upon the average number of employees, such application shall set forth the average number of employees for the applicable period; 4. A certification that the business will be operated in accordance with all applicable federal, state and city laws and regulations; Ordinance No. 2160 Page 3 5. Any further information which the license collector may require to issuance of the type of license applied for." .SECTION 3. Section 14-25 of the West Covina Municipal Code is hereby amended to read as follows: Sec. 14-25. Denial for protection of public peace and safety. Where the conduct of any licensee under this article specified may become dangerous to or affect the public health, peace or safety, the city council may refuse to grant the license. Where the conduct of any licensee in this article specified may become unlawful the city council may refuse to grant the license. SECTION 4. Section 14-26 of the West Covina Municipal Code is hereby amended to read as follows: Sec. 14-26. License Collector to sign licenses; Limitation of effect of license. (a) All licenses issued under and by virtue of this article shall be signed by the license collector and for the purposes of this article, the chief financial officer or his/her designee is designated as license collector. The license collector shall set forth in such license the name of the party to whom the license is issued, the nature of the trade or business licensed to be pursued, the time for which the same is granted, the date thereof, the amount paid therefor and the location where said business, trade or profession is to be carried on. (b) No license issued pursuant to this Article shall be construed as authorizing the conduct of or continuance of any activity that is illegal or unlawful. Nothing in this Chapter shall waive the City's ability to seek revocation in accordance with section 14-30 of a business license issued by the license collector to any licensee believed to be engaging illegal or unlawful business activities, or is furnishing, selling or provisioning of any service, good, or product that is illegal or unlawful. This section is declaratory of existing law. SECTION 5. Section 14-33 of the West Covina Municipal Code is hereby amended to read as follows: Sec. 14-33. License Collector --Duties and Responsibilities. (a) The license collector shall prepare and issue all licenses covered by this article and collect the license charges therefor. The license collector shall require the applicant for each such license to state in writing the character of the business to be conducted or carried on and the location thereof, and the license issued shall also state such facts. The license collector shall keep a copy of each business license application returned for consideration applicants. (b) No license shall be issued on any application, if the place where the business, trade or occupation is to be carried on is not in the proper zone therefor in accordance with the provision of chapter 26 of this Code. The license collector and planning manager shall each keep a copy of every approval, denial, or other determination made by the planning division for each business license application submitted for consideration applicants. (c) No license shall be issued on any application, if the conduct of such applicant is unlawful or the provision or sale of any service or product of such applicant is illegal. SECTION 6. Section 14-51 of the West Covina Municipal Code is hereby amended to read as follows: Ordinance No.2160 Page 4 See. 14-51. Limited. No business shall be exempt from the payment of any license fee imposed hereunder except those specifically listed in this division as exempt and those by federal or state law. Notwithstanding the foregoing, no business, trade, art, profession, calling, employment, . occupation; commercial, industrial, or professional pursuit or vocation; nor any show, exhibit, game or enterprise shall be exempt from the requirement under this article to submit a business license application for determination of validity of claimed exemption, proper location of such activity, and state and federal regulation of such activity. SECTION 7. If any part of this Ordinance, or its application to any person or circumstance, is held to be invalid, the remainder of the ordinance, including the application or provision to other persons or circumstances, shall be not be affected and shall continue in full force and effect. To this end, the provisions of this ordinance are severable. SECTION H. The City Clerk shall certify to the passage and adoption of this ordinance, causing it to be posted as required by law and it shall be effective thirty (30) days after its adoption. ry� APPROVED AND ADOPTED on this day of 2007. 700,,, ELVARIMM ATTEST: I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the lst day of May, 2007. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 15t" day of May 2007, by the following vote: AYES: Herfert, Hernandez, Lane, Sanderson, To y NOES: None ABSENT: None I ABSTAIN: None n /�1-1 City Clerk Laurie Carrico L APPROVED AS TO FORM: City Attorney Artfold Alvarez-Glasman