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HomeMy WebLinkAboutAgenda Report - September 5, 1984 (56)CITY COUNCIL MEETING -�'- SEPI BER 5, 1984 1X) ACI' ICN TAEUN ARrnda I t cm 1:- I- "Reques t by Ihrn Pra t e r o f 13 i g Va 1 1 ey Teens M XJN)A 1Tmi for amendixnnt s to City Code relncrding "Solicitors" was RIXAMING introduced by the City Minagr,r anti City Attorney. Mr. Prater "S"ACI'ILR.S" was not in the amlience to Hddress lite Cotmci I regarding the rmtter. Foll-ming it brief discussion. on motion of Mayor Snider, Reid second. Council voted to take no action on the rmt ter. 0,0UNCIL CONTNiUNICATJ, N TO THE CITY COUNCIL FROM THE CITY MANAG141 OFFICE SUBJECT PEDDLERS / SOL I C I TORS TA Cr•.NS I N(, DATE At'(,,t'S'r 30, 1984 NO. 1-ast week. Don Prnter of lligr \'ni!(,v Teem, carne to see me regarding peddIers and solicitors Iicen:,ing. For your information and review, a :•ol)N- of Ordinance No. 375 is attached hereto. Mr. Prater's concern was that other peddlers and solicitors ir, town were taking the business licenses that they received from our Finance Department and were duplicating same, and giving the duplicate to other persons working with them. I reported same to Police -"i)ief Floyd Wi 1l i,:ms' office and they are going to look int,) that matter. Mr. Prater -was also concerned about the cost of it peddlers/ solicitors license. For your information, said cost is $10.00 ,-)er day. I would direct your a'tention to Section 26(f) and "6(h) for the definitions of "PeAdler" and "solicitor". You shoo ] d he awn re that our o rd i Hance is a revenue, r,+ t he r than n regulatory. ordinance. howeverrequiring a peddler and/or sol is i for to have ,; license it their possession does give some lrroteetion to our citizens. 'qtr. Prater in his concern over the cost of said license, asked what the cost would he if he had it fired place of business. You w 11 note S�ctiori 3 sets forth the ' icense fees, based on having a fixed plact, of husir,ess. to be an annual license based on the average number of employees: ei5.00 for the first ecnyplovee; $ 3.00 for each of the next nine employees; and $ 1.00 for each of the next forty emplovees. The word that I want this Cou-ciI to ke_v in on is the word "employee". TI, edefinition is set forth in Section 26(d), to wit: "I:raplovee she+l 1 mean all I persons engaged in the operation or conduct of any business, whether as owner. anv member of the owner's family, partner, agent, manager. solicitor and any and all other persons employed or working in the business." In spe«king vith qtr. Prater, 1 asked whether the teens working for hire were empiovee•s, a -id he said that they '-Were not errpIovees, but rather. indep—)(lent contractors. Under said e i rc.u_ns t antes , each fid i i dlin ! would he reyu i r c d t o have a pedc)lers/so! ici tors For your iniormation. I would nI,direct ,our attention to the exemptions from the license tnx whici: includes, but is not limited to charitahIc and/or reus organi-7ationa. it is -,o be noted that Mr. 1'r iIer's bus nc)ss i not it charitable or reIi ions organization �tihich %v(,;,id fall under that exemption Cate ory. COULCi1 Communique Re: Peddlers and Solicitors Licensing Page Two Of further information to the Council, any applicant for Peddlers/solicitors license is fingerprinted and investigated through the Police Department via the National Crime Information Center. Cal ifornia Law Enforcement Telecommunic,.'ions Sy3tem, and through the San Joaquin County Alid local investigative systems, prior to the decision to license or not to license the applicant. I would hope that the foregoing is of help to the Council and will be happy to do any further research required in this regard. bPALiS------------ CITY ---------- CITY ATTORNEY RAIS : v c attachment ORDINANCE NO. 37S As Ar mooed by Oraisaac* No. 3U &t by tMtYwN No. 363-A Lkensing for purposes of Revenue, certain professions. businesses, trades and occupations in the City of Lodi. BE iT ORDAINED by the Council of the City of Lodi as fol- lows: Sec. 1. PURPOSE. This Ordi- nance is enacted solely to raise revenue for municipal purposes, and is not intended for the purpose of regulation. Sec. 2. LICENSE REQUIRED. There are hereby imposed upon all business in the City of Lodi, li- cense taxes in the amount herein- after in this Ordinance prescribed. It shall be unlawful for any per- son, either for himself or for any other person, to commence, trans- act or carry on any business in the City of Lodi not included in this Ordinance, without first having procured a license from said Cit so to do, or without complying wit7n any and all regulations contained in this Ordinance. The carrying on of any business without first having Procured a license from said Cit r so to do, or without complying with any and all regulations of this Or- dinance, shall constitute a separate violation of this Ordinance for each and every day that such business is _arried on. Sec. 3. 1_ICENSF TAX—FIXED PLACE OF BUSINESS. Every person commencing, transacting and carrying on at a fixed place of business in the City of Lodi any business other than those enumer- ated to Section 5 hereof shall pay an annual license tax based upon the average t:ttmber of employees employed in such business as de- fined in Section 26a hereof, of Fif- teen Dollars (15.00) for the first employee, Three Dollars ($3.00) each for the next nine (9) employ- ees. One Dollar ($1.00) each for the next forty (40) employees and Fifty Cents (.Su) each for each ad- ditional employee. Sec. 4. LICENSE TAX — NO FIXED PLACF: OF BUSINESS. F very person commencing, trans- acting and carrying on at other than a fixed place of business in the City of Lodi any business other than those enumerated in Sections 5 and 7.1 hereof shall pay an annual license tax based upon the average number of employees as defined in Section 26b hereof, of Thirty Dol- lars ($30.00) for the first employee, Six Dollars ($6.00) each for the next nine (9) employees, Two Dol- lars ($2.00) each for the next forty (40) employees and One Dollar ($1.00) each for each additional employee. Sec_ S. LICENSE TAX --FLAT AMOUNT. Every person com- mencing, transacting and carrying on in the City of Lodi anbus' ness herein enumerated sha pay a license tax as follows- 9'"b"W Perbd Tax Auctioneer _-__..._...__._._......_.._.---_---------------- Bowling . ......... ___________.........- Quarter Year $ 2S.00 14.00 Bowling and Pool or Billiards .... .......... _...... ................ ___. Year 30.00 Boxing and Wrestling _-_-.._ .............. __.._...._...._.__---_-.._ Day 20.00 Circuses and Side Shows ....... __.____._............. ____ Day 100.00 Carniv-09.... ..... -... ..................... -----•---------------------------- ----- - Day 100.00 Dancer_ __ _ - - - ------------................................. Day 5.00 Zurk Dealer (Resident).__..........................-....____....__-_Qturter ruk Dealer (Non-resident) .-._......__........__—..... uarter 15.00 30.00 wn Broker ....-----------------------_-------------- ----------.-- Peddlers and $QIicitors ._--- ------- ------------ ______....__.____...._.. usrter Day 15.00 10.00 -Peddlers and Solicitors, personally manufacturing goods or produce ......... Quarter 6.00 Pool, Billiards ..-.......-•---------..- _........-- -- - - Year 24.00 Swimming Pools ... ............. ------ ------ --------- ____ ... _....... Year 24.00 Theatres, Occasional ...................... ___.... -........... ............. _ Day 5.00 ONZ Sec.6. LICENSE TAX—HOME OCCUPATIONS - PH1 SICALLY HANDICAPPED PERSONS. Every person commencing, trans- acting and carrying on in the City of Lodi, any business in his home in a residential zone. (Not as a nonconforming use), whose annual gross receipts from such business Is $1.000 or less shall be exempt from the payment of a license tax hereunder but shall be required to obtain and display a license issued by the Citv Treasurer witH.,ut charge. Where the annual gross re- ceil.ts from such business exceeds E!.(ft, a license tax as press shed in Section 3 of this Ordinan(r shall be unposed. Persons who, by reason of age or infirmity. are physically unable to earn a ltvhhood through ordinary means of labor or business shall be exempt from any tax on business conducted from their own homes, as a home occupation but shall be required to obtain a li- cense to be used without charge. Sec. 7. EXEMPTIONS AND INCLUSIONS. Persons in the categories set out in Sections 7.1 to 7.5 inclusive, shall be exempt from the payment of a license tax hereunder, but shall be required to obtain and display a license, which license shall be issued free of charge by the City Trea,urer. Sec. 7.1. DELIVERY A N I) SOLICITATION — P1 ACES OF BUSiNESS. Persons operating without a fixed place of c)Usiness in the City of Lodi whose sole business in said City consists of deli%cting to plates iii business within said City, provided that su, h persons soliciting and snaking iin- mediate delivery shall be required toy an annual license as pre- scripad in Section 3 hereof. For the purpose of this Section, the City Government, Publ:c library and Public Schools shall be con- sidered to be places of business. Sec. 7.2. ClIARi'I'ABl.F OR- GANiLATIONS. Any charitable institution, organization or as%ocia- tion organized for charitable par - poses and conducted i ­r charitablr purposes only. Sec. 7.3. RELIGIOUS, FRA- TERNAL ORGANIZATiONS. Any religious. fraternal, education- al, military, state, county or -muni cipal organization, for the conduct of any business or entertainment, which Is open only to the members thereof, or which is conducted for the benefit of such organization and not for the private gain of any person. Sec 74 SCAVENGER SERV - Il F. Any person collecting gar- bage or refuse under contract or aKrecrnent with the tatty orf Lodi, for the portion of such business done under such contract or agree- ment Sec. 7.5. 1_XCLUSIONS. Any public utility which pays to the City of Lodi a tax under a fran- chise or similar agreement; banks, as provided by article X111, Sec- tion In, Subdivision I (a) of the Mate Constitution; insurance com- panies as provided by Article X111. Section 14, of the State Con- stitution; any person whom the City of Lodi is not authorized to license under any law or constitu- tion of the United States or the State of California. Scc 8, CONTENTS OF LI- t_.ENSF. All licenses shall be re - pared and issued by the City i reasurer of the City of Lodi, and each license shall state upon the face thereof the following: a Name of the person to whom license is issued. b. Find or kinds of business licensed thereby, c. location of such business. d. Date of expiration of such license. c Such other riforniation as the t_ity -Treasurer shall require. Src 0 1 WE:NSE T A X — %A H FN AND HOW PAYABLE. All licenses shail be paid in ad - %ante in lawful money of the Uni- led States at the office of the City Treasurer. When a license tax is per dav, it shall be due and pay- able each day. t,luarterly licenses shall be due on the first day of January, April, J01v and October. Nnnual li:ensea shall be due on the first day of January, and may he prorated to t,ie nearest quarter - Sec 10 DELINQUENCY — PENALTY. Every license tax which is not paid when due and payable shall be deemed delin- quent, and if such license tax is not paid within thirty (30) days TWO from the time it is due and pay- E:vcry person having such a h - able, the City Treasurer shall add cerise and n„t havInK a fixed place to such tax and collect a prnalt) of blMnca .hall carry such license of ten per cent (10%) of such tax with hum at all tunes, or shall have for each month or fraction thereof attached to the vehicle or vehicles during which such tax shall be used its such business the wind delinquent. shied sticker provided for in Sec - Sec 11 BRANCH ESTAB- tion le hereof. LISHMENTS. Separate license% Sec 15. PROCEDURE: FOR must be obtained for each branch ISSUANCE OF LICENSE. establishment or location, as if each branch establishment or loca- a. AFFIDAVIT. Every person tion were a separate business, pro- required to have a license shall vided that warehouses and distri- make application to the City buting plants used in connection Treasurer of the City of Lodi. with and incidental to a business Such application shall be a written licensed hereunder shall not be statement upon a form provided deemed to be separate places of by the City Treasurer and shall business or branch establishments, set forth such information as may Sec. 12. JOINT LICENSE. be necessary properly to determ- Whenever any person is engaged ine the amount of the license tax to be paid by the applicant. in two or more businesses at the same location, such person shall be b. NEWLY ESTABLISHED issued one license which shall BUSINESS. Every person mak- specify on its face all such busines- ing application for a license for a ses, and the license tax to be paid business, taxable under Section 3 shall be computed as if one busi- hereof, which has not beta estab- ness were being conducted at such lished in the City of Lodi for a location, except that businesses sufficient length of time to meet listed in Section S hereof shall in the requirements of Section 26e every case be regarded as separate hereof, shall pay to the City businesses. Treasurer the minimum license Sec. 13. TRANSFER OF LI- tax for the business in which he is CENSE. No license issued pursu- engaged. The tax thus paid shall ant to this Ordinance shall be tentative only. Such license transferred except under the fol- shall within thirty (30) days after lowing conditions. the expiration of the period tot w a. When a licensee transfers his whicn the license was issued, fur - business from one location to an- nish ine City Treasurer with an other in the City of Lodi. the h affidavit as prescribed in para- cense previously issued may be graph (a) hereof, showing the av- amended to authorize the conduct erage number of employees during of the business at the new location. the period of such license. The b. When a licensee who conducts license tax shall be ascertained a business from a fixedplace o: and paid upon the basis of such av- erage number of employees, business in the City of Lodi makes cred- a bona fide sale of the business, an it being given for the minimum amended license may be issued to license tax previously paid. Every authorize the purchaser to conduct person making application under such business at such location up- this Section shall furnish such in - on the surrender of the old license. formation as ma be deemed uec- �ity c- The license transfers author- essary by the Treasurer to ized herein may be obtained upon provide satisfactory proof of in - application therefor to the City tent to establish a fixed place of Treasurer and payment of a fee of business in the City of Lodi. One Dollar ($1.00). c. Every person making applica- Sec. 14. POSTING OF LI. tion for a license for a business CENSE. Every person having a without a fixed place of business license under the provisions of this in the City of Lodi and not includ. Ordinance and carrying on a busi- ed in Section 5 hereof, shall Par ness at a fixed place of business to the City Treasurer the mint - shall keep such license posted and mum license tax for the business exhibited in some conspicuous part in which he is engaged. The tax of said business. thus paid shall be tentative only, TRRIX and, prior to the expiration of the Period for which such license was issued, such person shall furnish the City Treasurer with an affida- vit as prescribed in paragraph (a) hereof, showing the average nuin ber of employees as`rovided in Srction 261) hereof The hcens,r tax shall he ascertained and paid upon the basis of %uch average number of employees, credit being given for the minimuin license tax previously paid. Sec. 16. VEHICLE STICKERS Upon the issuance of a license, the C-ty Treasurer shall deliver to the licensee one (1) windshir'.1 sticker for each commercial vehicle used by the licensee in the conduct of his business, which said windshield sticker shall be attached to the windshield of such vehicle. in the event such vehicle lues not have a windshield, such sticker shall he attached in a conspicuous plac, in the operator's compartment of such vehicle. Sec. 17. VENDING, MACHINES —STICKERS. Upon the issuance of a license, the City Treasurer shall deliver to the hcersec one (1) sticker for each vending machine used by the licensee in the conduct of his business, which said sticker shall be attached in a consp.cuous place on such machine. Sec 18. STI�7KEKS — F011M AND CONTENT. Each such sticker s h a l l have thrreon t h e words "1,( )I)1, CA 1.1 F(.)R N 1 A", or any abbreviation thereof, and shall he of such form and Color and omtain such inforin.ition a. the City Treasurer shall drterinine. Sec. 10. STICKER FOR SUB. SFW'ENTI-Y ACQUIRED VE- HIC 1-E S. If, subscqueut to th,e issuance of any license and prior to its expiration date, any licensee shall use any commercial vehicle in his business for which a wind- shield sticker has not been issued, he shall procure a windshield stick. er for such vehicles from the City Treasurer. The City Treasurer shall furnish such wnidshirld cocker Without cot upon thr I'l–tiurtion of satisfactory proof of the use of such vehicle by the licensee. Sec 20. STICKER FOR SUB- SEQUENTLY ACQUIRED VENDING MACHINES If sub - Sequent to the 1s3uance of any 'A - cerise and prior to the expiration date, any licensee s,all use any vending niachine in his i�usiness for which a sticker has not been is - sur(;, he shall procure a sticker from the City Yreasurcr The City Treas- urer shall Iurnish such sticker without cost upon the production of satisfactory proof of the use of such machine by the hcensee. Se,' 21 (WE -RATION OF VE- HI(A-1. WITHOUT STICKER. It shall be unlawful for any person to drive or operate or use, or cause to be driven, operated or used, any commercial vrhicle in the conduct of his business without a sticker being attached as in this Ordinance required, or to remove or deface or cover up said sticker, or to place the same upon any vehicle other Irian a vehicle used by the licensee in his business. Sec. 22. OPERATION OF VENDIN(; MACHiNE WITH- OUT STICKER. It shall be un- lawful for any person to operate or use, cause to be operated or used, or offer for operation and use in the conduct of his business any vending machine without a sticker being attached as in this Ordinance required, or to remove, deface or cover up said sticker, or place, cause to be placed, or permit the placing of tire same upon any such machine other than one used by the licensee in his business. Sr c. 2,(. SUBSTITUTE: FO R O I H E: R REVENUE. ORDIN- ANCLS Any person required to PA) a livease tat upon this ordin- ance shall bei relieved from the ,ayment for the privilege of doing rusiness which has been required under other revenue ordinances of the City of Lodi, except the license taxesrequired to be paid by Or- dinance No 373 of this city, but shall remain subject to regulatory provisions and fees of such other ordinances. This section shall not a1)ply to inspection fees. cc. 2t REVOCATION. The City Council shall have the author- ity to revoke any license issued un- drr the provisions of this Ordinance u(x)n intormation that the licensee has not complied or is not comply- ing with any provisions of this Or- dinance, any other City Ordinance, or any requirement of a competent vl)vrr-iurlcntal jurisdiction. ro UR Svc. 25. EXAMINATION OF RECORDS. For the purpose of ascertaining the corrritriess of any affida%it filed, or the arnount of city license tax paid, the city "rrcas- urer, or any person designated by him for that purpose, is authorized to exaitune auy paprrs, records and memoranda bearing upon the mat- ter, and rriay reyure attendance of any person having knowledge in the premises and may take tits tes- timony with reference thereto, with Power to administer oath to such Person or persons. Sec. 26. DE.FiNITIONS. For the purpose of this Ordinance, cer- tain words and phrases are defined, and certain provisions shall be con- strued a5 herein set out, unless it shall he apparent from their context that a ditferent meaning is intended. a. AVERAGE NUMBER OF EMPLOYFE-S, FIXED PLACE OF BUSINESS The Average number of employees for any bust- nvss having a fixed place of busi- ness in the City of Lodi shall mean the average number of persons em- ployed daily in said pity in the ap- plicant's business for the twelve (12) months' period ending on the last day of the month next preced- ing the date of such application, and shalt be determined by ascer- taining the total number of hours of service performed by all em. ployees during such year, exclusive of overtime, and dividing the total number of hours of service thus Obtained by the number of hours constituting a day's work, according to the custom of laws governing such employments, and by again dividing the sum thus obtain -d by the number of working days in such year. In computing the aver- a�l e number of employees. Tract!ons of numbers shall he excluded. b. AVERAGE N►JMBER OF EMPLOYEES, NO Fl_:ED PLACE OF BUSINESS. The av- erage number of employees for any business not hav,ng a fixed place of business in the City of Lodi shall mean the number of persons em Ployed daily in the City of I_, -di in the applicant's business for the Period during which such aoolicant conducts such business in the City of U.Ai, and shall be determined by ascertaining the total number of hours of service, exclusive of over. time, performed by all 'such em- ployees during the three (J) days, or less, on which the greatest nurn- ber of persons arc so employed, and dividing the total number of hours of service thus obtained by the number of hours constituting A day's work, according to the cus- torn of laws governing such em- pioymcnis, and by again dividing the sum thus obtained by the num- ber of working days upon which the total hours of service is based. In computing the average number of employees, fractions of numbers shall be excluded. c. BUSINESS. Business shall mean professions, trades, occupa- tions, and all and every kind of calling carried on for profit or livlih(.od. d. EMPLOYEE E:mpilee shall mean all persons engaged in the operation or conduct of any busi- ness, whether as owner, any mem- ber of the owner's family, partner, agent, manager, solicitor, and any and all other persons employed or working in said business. c. FIXED PLACE: OF BUSI- N ESS. Fixed place of business shall mean a place of business in the City of Lodi, regularly kept open, with someone in charge thereof for the transaction of the particular business engaged in dur- ing the hours customary to tr-ins- act such business, and shall not so qualify unless and until such place of business shall have been so op- erated for a period of not less than _s (6) months. f. PEDDLER. Peddler shall mean any person who sells and makes immediate delivery, or ,)ffers for sale and immediate delivery, any keds, wares, merchandise or thing, in the possession of the sel- ler, at any place in the City of Lodi other than from a fixed place of business, and who does not fol- low a fixed route or serve pur- chasers in the City of Lodi regu- larly and continuously. g. PERSON. Person shall mean all domestic and foreign corpora- tions, associations, syndicates, joint stock corporations, clubs. Massa- chusetts, business or common law trusts, societies and individuals commencing, transacting and car rying on any business in the City of Lodi. Milt Qh . SOLICITOR. Solicitor shall an any person who sells or takes orders, or offers to sell or take orders for any goods, wares, mer- chandise or thine;, for future deliv- ery, or for services to be performed, at any place in the City of Lodi other than a fixed place of busi- ness, and who does not follow a fixed route or serveprospective purchasers in the City of Lodi reR- ularly of continuously. Sec 27. APPEAL. Any person aggrieved by any decision of an admini,trativc officer or agency with tespe(t to the issuance or re fusal t,, issue such license may ap peal to the City Cf)uncil by filing a notice ,4 such appeal with the City Clerk The City Council shall thereupon fix time andplac^ for hearing such appeal The City Clerk shall give notice to such per- son of the time and place oi hear- ing by serving it personally or by depositing it in the United States Post Office at Lodi. California, postage prepaid, addressed to such person at his last known address. Sec. 28. ADDITIONAL_ POWER OF CITY TREASURER. In ad- dition to all other powers conferred upon him, the City Treasurer shall have the power. for good cause shown, to extend the time for fil- ing any required sworn statement f„t a period not exceeding thirty (30) days, and in such case to Hasve Any penalty that would oth- erwise have accrued, and shall have the futthet powrt, with the consent of the City Council, to compromise any claim as to the amount of li- cense tax due. fie may also receive evidence of compliance with other Ordinance, of the City as a pre- requisite for the issuance of any license prescribed in this ordin- ance. Sec. 29. PENALTY. Any person violat:ng any of the provisions of This Ordinance, or knowing or in- tentionally misrepresenting to any officer or employee of this City any material fact in procuring a license herein provided for. shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than Five Hundred Dollars (=.500.00) or by imprisonment in the City Jail for a period of not Sri more than six (6) months, or by both such fine and imprisonment. Sec. 30. SEVI':RABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to beinvalid or unconstitutional by the decision of any court or com- ;)cicnt jurisdiction, such decision shall not effect the validity of the remaining portion of this Ordin- ance The City Council of the City of Lodi herrby declates that it w,-uld have ad,ipted this Ordinance and each >ectiuti, subsection, sen - tense, clause, phrase or portico thereof, irresprttive of the fact that any one or more sections, subsec- tions, sentences, clauses, phrases W portions be declared inva'id or unconstitutional. Sec. 31. EFFEc, iVE DATE. This Ordinance shall be effective ,)n and after January 1, 1949. Approved this 3rd day of No- vember, 1948 ROBERT- H. R1NN, Mavor of the City of Lodi Attest: J F. BLAKEI.Y, Citv Clerk 1, J. F. Blakely, City Clerk of the City of Lodi, do hereby certify that the foregoing Ordinance No. 375 was regularly introduced in regular meetinof the City Council of the City of Lodi on October 20, 1948, ani was therefore passed, adopted and ordered to print at a regular ineetink• of said City Council held November 3, 1948. 1 further certifv that said Ord- inance was approved and signed by the Mayor on ine date of its final passage and that the same has teen published according to law. November 3, 194& J. F. BLAKELY, City Clerk, Note — Section 6 — This section amended to read as herein by ()rdinance No .192, effective on February 19, 1949. Section 23 --This section amended to read as herein by Ordinance No 382-A effective on March 16, 1949.