HomeMy WebLinkAboutOrdinances_2684_CCv0001.pdf ORDINANCE NO, 2684
AN ORDINANCE OF THE CITY OF RED ANIS AMENDING CHAPTERS
2.16, 3.24, 5.04, 5-.16, 5.20, 5.68, 6.04 and. 8.64 OF THE REDLANDS
MUNICIPAL CODE RELATING TO DUTIES ASSOCIATED WITH THE
SALE OF SURPLUS CITY PROPERTY, THE ADMINISTRATION OF
TRANSIENT OCCUPANCY AND BUSINESS LICENSE TAXES, TIME
ISSUANCE OF ALARM SYSTEM, OUTDOOR, FESTIVAL, BINGO ,ANIS
YARD SALE PERMITS, AND THE ADMINISTRATION OF DOG LICENSES
AND FORTUNE TELLING] PERMITS
WHEREAS, over the years the City Council of the City of Redlands ("this City>
Council"') has, by ordinance, assigned certain responsibilities and duties to the City Treasurer
relating to the sale and auction of surplus City property, the administration of transient
occupancy and business license taxes, the issuance of alarrrr system., outdoor festival, bingo and
yard sale perp-its, and the administration and issuance of dreg licenses and fortune telling
permits; and
WHEREAS, based upon the recommendations of City staff, it is the desire of this 'City
Council to amend the provisions of the Redlands ]Municipal Code to reassign the above-
referenced responsibilities and dirties from the City Treasurer to the City's pittance Director, or
the Director's designee;
THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN A
FOLLOWS:
SECTION 1. Sections 2.16,260 and 2,16.270 of the Redlands Municipal Code relating to
the sale of surplus property are hereby amended to read as follows
"2.16.260 Sale in open market of surplus personal property.
Surplus City property in usable condition, if its estimated value is less than five thousand
dollars, may be; disposed of in the following manner: the Purchasing Agent shall make an
investigation of the market conditions of personal property of the type declared surplus and
determine prices for all surplus property, Which in his/her opinion, will be competitive with
prices in the open market. He/she may then sell such personal property at such prices by
advertising in the most appropriate means, which in his/her opinion, will bring the greatest
number of potential purchasers to include sale on a consignment basis, but he/she shall cause to
be published at leash once, at least three days before such sale, in a newspaper of general
circulation, published and distributed in the City, a notice of:the sale setting for the day it shall
begin, and the number of days it is to be continued if it is to last more than one day, and the place
where the articles maybe examined, and the place where the purchase pried is to be paid and the
property delivered, and a general description of the type of property beim sold, The terms of all
such sales shall be cash in the amount of the full purchase price. The Purchasing Agent or
authorized representative shall give a receipt to the purchaser of such property and beep a copy
Cor the official files, and shall forward a copy of such receipt to the City's Finance Director, or
the Director's designee, together with the money so collected from the buyer. The City's Finance
Director, or the Director's designee, shall receive and deposit such money and shall credit the
money received from the sale of such property to the general fund account."'
"116.270 Sale by scaled bid auction of surplus personal property.
As an alternate to the method of sale in the open market, the Purchasing Agent shall, in
all cases, where the estimated value of personal property is rive thousand dollars or more, and
may, in the sale of all other personal property, where in his/her discretion, he/she determines it in
the best interest of City, sell surplus personal property by means of sealed bid or public auction.
The procedure far conducting such sale shall be determined by the Purchasing Agent; provided,
however, that the following are included in such procedure: (1) At least one notice, three days
before the sale,shall be published in a newspaper of general circulation published and distributed
in the City, containing general description of the type of property to be sold and the time and
place of such bid open or auction; (2) that the terms of all sales shall be cash; (3) the sale by
scaled bid or auction shall be to the highest responsible bidder; (4) that a receipt be given to the
purchaser and a copy of such receipt, together with the money received, be deposited with the
City's Finance Director, or the Director's designee, who shall credit such funds to the general
fund account. In conducting an auction, the Purchasing Agent may contract with professional
auctioneer, and his/her fee may either allow a flat fee, hourly fee, or a percentage of the amount
of the sale, based upon that which is the common and customary method and rate for such
auctioncering services,"
SECTION 2. Sections 3.24 080 and 3.24.100 of the Redlands Municipal Code relating to
Transient Occupancy Tax are hereby amended to read as follows:
"3.24.080 Tax administrator—Defined,
`Tax Administrator' means the City's Finance Director, or the Director's designee.""
"3.24.100 Imposition.
For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax
in the amount often percent of the rent charged by the operator. Such tax constitutes a debt owed
by the transient to the City which is extinguished only by payment to the operator or to the City.
The transient shall pay the tax to the operator of the hotel at the time the rent is paid, If the rent is
paid in installments, the proportionate share of the tax shall be paid with each installment.
The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. If
for any reason the tax due is not paid to the operator of the hotel, the City may require that such
tax shall be paid directly to the City's Finance Director, or the Director's designee."
SECTION 3. Sections 5.04.020, 5.04.050, 5.04,200, 5:04.240, 5.04.250, 5. 4260
5,04,270, 5.04.280. 5,04,290, 5.04310, 5.04.350, 5.04360, 5.04.370, 5.04.380, 5�04-440,
5.04.460, 5.04.500 and 5.04.550 of Redlands Municipal Code relating to business license taxes
are hereby amended to read as follows:
DJM',0RFX2684 2
"5.04,020 Business defined.
Business includes any activity engaged in by any person or persons or caused to be
engaged in by him or them with the object of gain, benefit, or advantage, either`direct or indirect.
For the purposes of this Chapter and Chapter 5,08, the determination of a business shall be
vested in the City's Finance Director, or the Director's designee."
"5,04.050 Fixed place of business defined.
As used in this Chapter and Chapter 5.08, a fixed place of business is a permanent
location within the City at which a sufficient stock of goods, wares or merchandise and/or
equipment and supplies is maintained to conduct the particular business licensed. Such location
shall be staffed and open for business the hours and days customary to such a type of business
activity. The determination of the requirements necessary to establish a permancru location shall
be vested with the City's Finance Director, or the Director's designee. The assessment of City
and county property taxes on the stock in trade and/or equipment and supplies at such location
and the payineat thereof shall be deemed as contributory evidence of a fixed place of business."
"5.04.200 Issuance--Generally.
Every person required to have a license under the provisions of this Chapter and Chapter
5.08 shall make application for the same to the City's Finance Director, or the Director's
designee, and, upon the payment of the prescribed tax, the City's Finance Director, or the
Director's designee, shall issue to such person a license which shall Contain:
A. The name of the person to whom the license is issued;
B, The business licensed;
C. The place where such business is to be transacted and carried on;
D. The date of the expiration of such license; and
L Such other information as may be necessary for the enforcement of the provisions of
this Chapter and Chapter 5.08."
"5.04.240 Issuance--Change of location.
Where a license is issued authorizing a person to transact and carry on a business at a
particular place, such licensee may, upon application therefore and approval by City's Finance
Director, or the Director's designee, have the license amended to authorize the transacting and
carrying on of such business under such license at some other location to which tile business is or
is to be moved,"
"5,04.250 Issuance--Proof of State license required for contractors.
No license shall be issued to do business as a contractor in as classification which requires
licenses from tire C'alif'ornia Contractor's State License Board until proof of a valid State
Contractor's License is provided to the City's Finance Director, or the Director's designee."
DV%t0RD',,2684 3
"5,04.260 Statement for first license.
Upon a person making application for the first license to be issued hereunder or for a
newly established business, in all cases where the amount of license tax to be paid is based upon
gross receipts, such person shall furnish to the City's Finance Director, or the Director's
designee, for guidance in ascertaining the amount of license tax to be paid by the applicant, a
written statement made and signed under the penalties of perjury, upon a forin provided by the
City's Finance Director, or Director's designee, setting forth such information as may be therein
required and as may be necessary properly to determine the amount of the license tax to be paid
by the applicant."
"5,04170 Gross receipts estimate.
A. If the an aunt of the license tax to be paid by the applicant is based upon the gross
receipts, he shall estimate the gross receipts for the current calendar year, all or part of which is
to be covered by the license to be issued.
B. Use of Estimate. Such estimate, if accepted by the City's Finance Director, or the
Director's designee, as reasonable, shall be used in, determining the amount of license tax to be
paid by the applicant.
C. Tentative Tax, The amount of the license tax so determined shall be tentative only,
D. Statement of Actual Receipts--Final Computation. each. person shall, within twenty
days after the expiration of his first licensed calendar year, furnish the City's Finance Director,
or the Director's designee, with a statement made andsigned under the penalties of perjury, upon
a form, furnished by the City's Finance Director, or the Director's designee, showing the gross
receipts during the period of such license; and the license tax for such period shall be finally
ascertained and paid in the manner provided by this Chapter and Chapter 5.08 for the
ascertaining and paying of renewal license taxes for other business, after deducting from the
payment found to be due, the amount paid at the time such first license was issued."
"5.04.280 Statement timid payment required before issuance of another license.
The City's Finance Director, or the Director's designee, shall not issue to any such person
another license for the same or any other business, until such person shall have furnished to him
the written statement and paid the license tax as herein required."'
"5.04.290 Renewal.
In all cases, the applicant for the renewal of a license shall submit to the City's Finance
Director, or the Director's designee, for guidance in ascertaining the amount of the license tax to
be paid by the applicant, a written statement made and signed under the penalties of perjury,
upon a form to be provided by the City's Finance Director, or the Director's designee, setting
forth such information concerning the applicant's business during the preceding calendar year as
may be required by the City's Finance Director, or the Director's designee, to ascertain the
arnount of the license tax to be paid by such applicant pursuant to the provisions of this Chapter
and Chapter 5.08,
MWORM2684 4
"5M43 10 audit authority.
Stich statement and each of the several items therein contained shall be subject to audit
and verification by the City's Finance Director, or the Director's designee, who is authorized to
examine, audit, and inspect such loops and records of any licensee or applicant for license, as
may be necessary in their jud meat to verify or ascertain the amount of license fee due."
"5.04.350 Computation of tax when statement absent.
If any person fails to file any required statement within the time prescribed, or if after
demand therefor made by the City's Finance Director, or the Director's designee, such person
fails to file a corrected statement,the City's finance Director, or the Director's designee, may
detennine the amount of license tai due from such person by other reasonable tt eans. ;
"5. 4.361 Appeal of arbitrary license classification;
Any person objecting to such arbitrary classification may refer the chatter to the City
Council, which shall set a time for hearing such objection and upon notice of not less than three
days, to the said objector and the City's Finance Director, or the Director's designee, shall
consider the same and classify such business; and the determination thereon shall be final."
"5.04.370 Payment--Time extension authority.
In addition to all other powers conferred upon him the City's Finance Director, or the
Director's designee, shall have the power, for good cause; shown, to extend the time for filing;
any required statement and the time for payment of the license tax for a period,of not exceeding
thirty days, and in such case to waive any penalty that would otherwise have accrued; and shall
have the further power with the consent of the City Council;to compromise any claims as to the
amount of license tax cine."
"5.04.310 Payment--Manner.
All licenses shall be paid in advance in the legal currency of the United States at the
office of the City's Finance Department.""
"5.04.440 Collection--Procedure for attachment,
The City Attorney, the City's Finance Director, or the Director's designee, on behalf of
the City, may make the necessary affidavit for legal action; and a writ of attachment may issue
without any undertaking or bond given on behalf of the;plaintiff''
"5.04.460 Coll tion- Disposition ofproceeds.
All money collected by the 'City's Finance Director, or the Director's designee, shall be
placed in the general fund of the City."
"°5.O4.500 police authority--Inspection.
All police officers are appointed inspectors of licenses and, in addition, to their duties as
police officers, may examine all places of business and persons transacting business within Baal
to pay a license tax, and to see that such licenses are taken out. All police officers shall have the
power to take arrests for violations of this Chapter and Chapter 5.08."
"5.04.550 Error not to invalidate collection.
In no case shall any error made by the City's Finance Director, or the Director's
designee, in preparing a license or stating the amount of the tee therefor, or detennining the
proper classification hereunder, prejudice the collection of the ,proper license fee by the City; nor
shall the issuance of any license authorize the carrying on of any business, trade, or occupation in
any gone or location contrary to the provisions of the zoning ordinance,"
SEC'T ION 4. Sections 5.1 .020 and 5.12.030 of the Redlands Municipal Code relating
to alarm system businesses are hereby amended to read as follows:
"5.12.020 Business license--Required.
No person, firm or corporation shall engage in the business of installing, monitoring,
maintaining, repairing, altering, replacing, or moving in or on any building, place or premises
abutting on or adjacent to a public street, alley or way, any device commonly known as a burglar
alarm, fire alarm, holdup alarm or similar protective device or system without first having
obtained from the City's Finance Director, or the Director's designee, a license to do so."
'*5.12.030 Alarm agents- Identification card. required.
Every person engaged in the business of repairing, servicing, altering, replacing,
removing, monitoring or installing an alarm, system shall carry on his person, at all times while
so engaged, a valid identification card and shall display such card to any police officer on
request, which identification card shall be in the form prescribed for the Chief and may be
obtained from him upon proof of payment of the required fee to the City's Finance Director.
Upon rev=ocation of the license under which such identification card is issued or termination of
employment of any person holding such, card from the business described Herein, the
identification card shall be returned to the Chief. It shall be unlawful for any person to carry on
his person, use, display or have in his possession any such identification card containing any
false or fictitious information, or possess such card when he is not employed by any person
having a license under this chapter, or himself hold such license."
SECT
JQNI 5. Sections 5.1 ,020, 5,160.40 and 5.1 ,050 of the Redlands Municipal Code
relating to bingo are hereby amended to read as follows
"5,16.020 License--Recluired.
No person other than a nonprofit organization may conduct bingo games. A nonprofit
organization may conduct bingo games only after having first obtained a license from the City's
Finance Director, or the Director's designee, pursuant to this Chapter, and provided that the
receipts of such games may be used only for charitable purposes."
"5.1.6.040 License--Application.
Applicants for bingo games shall file a written, signed, and acknowledged application
with the City's Finance Director, or the Director's designee, showing:
A. The name and address of the applicant;
B. The dates, hours and location-%rhere the bingo games will be operated;
C: The name or names of the person or persons having the management or supervision of
such games;
D. Such other reasonable information as may be required as to the identity or character of
the applicant,manager, members of the applicant operating such games;
E. The maximum number of participants expected on the premises;
F. Proof by copy of exempt status issued by the California State Franchise Tax Board."
-5.16,050 License—Granting.
After making and filing the application, the,City's Finance Director, or the Director's
designee, shall refer the application to the Planning Department, Building and Safety
Department, the Fire Chief, and the Chief of'Police for investigation. The Planning Department,
the Fire Chief, and Police Chief shall make reports on their findings, together with a
recommendation as to whether or not the applicant shall be granted a license to the City's
Finance Director, or the Director's designee, within ten working days after the application was
referred to them. The license shall be issued :fear not longer than one year and shall specify
maximum number of participants permitted on the premises. The license may be renewed each
succeeding year by filing application therefore at least thirty days prior to the expiration of the
license period."
SECTION 6, Section 5,2 ,040 of the Redlands Municipal Code relating to fortune
telling and palmistry is hereby amended to read as follows:
"5.20.040 License Approval:
The City's Finance Director, or the Director's designee, shall approve the business
license upon the determination that:
,AAll of the information contained in the application and supporting data is true;
B. The applicant has not, within the previous two (2) years, been convicted of any
violation of this Chapter or any law relating to fraud or moral turpitude."
DJM',ORDk2684 7
SECTION 7. Sections 5.68.020 and 5.6 .060 of the Redlands Municipal Code relating to
yard sales are hereby amended to read as follows:
"5,68.020 Permit—Required,
It is unlawful for any person, firm, or corporation to conduct or carry on any sales activity
commonly described as a yard, garage, patio, rummage or similar type sale within the City
without first having obtained from the City's Finance Director, or the Director's designee, a
permit to do so."
-5.68,060 Affidavit that personal property only is to be sold.
Before a permit may be issued, an affidavit must be filed with the City's Finance
Director, or the Director's designee, stating that all property to be sold is the applicant's own
personal property and has not been acquired or consigned to him for the purpose of resale or
benefit of other than the occupants of the premises."
SECTION 8. Sections .04 100 and 6.04.1 30 of the Redlands Municipal Code relating to
dog licensing are hereby amended to read as follows:
"6.04.1 0 Tag--Issuance.
The City's Finance Director, or the Director's designee, shall, upon receiving payment of
the proper fee said the display of the certificate required in Section 6.04.150, make the official
record of the dog and the fee paid and issue the of license tag, The records and files of dog
licenses shall be maintained in such a manner that the address of the recorded owner, custodian,
or person having possession of the dog may be readily ascertained."
"6.04.130 License transfer and tag replacement.
Upon presentation of proof, satisfactory to the City's Finance Director, or the Director's
designee, that a valid license not to expire prior to June 30th has been issued by any city, county,
or city and county within the State so as to comply with Sections 6.04,140 and 6.04.150, a fee as
set by resolution of the City Council may be accepted and an application receipt issued therefor.
Upon request and after verification that a current City license has been issued, the City's Finance
Director, or the Director's designee, shall accept the fee and issue an application receipt for the
replacement of a lost, mutilated, or stolen tag. When issuing a replacement tag, the City's
Finance Director, or the Director's designee, shall cancel the original license and the tag
authorized in connection with it."
DJX4',0RD\2684
SE(:TIQN 9. Sections 8.6 70 and 8.04,1 tl of the Redlands Municipal Code relating to
outdoor festivals are hereby amended to read as follows:
"8.64.070 License—Issuance—Fee.
When the City Manager, or the City Manager's designee, certifies that all conditions have
been met, the City's Finance Director, or the Director's designee, shall issue the license
specifying the name and address of the licensee, the kind of festival licensed and the number of
days of operation authorized. The licensee shall keep such license posted in a conspicuous place
upon the premises at which the festival is conducted. No license issued pursuant to this chapter
shall be transferable or removed to another location."
"8.64.100 Police protection.
Every licensee shall employ, at,his own expense, adequate police protection to ensure the
public safety, The number and type of officers shall be determined,, specified and approved by
the City Manager, based upon the recommendations of the Chief of Police, Fire Chief, Public
Works Director and other appropriate City department directors to provide for the preservation
of order and protection of property>in and around the place of the festival. Funds to employ this
specified number of law enforcement officers at the current hourly salary rate for City police
officers shall be deposited by the licensee with the City's Finance Director, or the Director's
designee, at least ten days prior to the specified date the activity is to occur,
W-here the City Manager detern-imes that the employment of off-duty peace officers is
necessary to meet the requirements of this Chapter, the peace officers shall be under the
complete direction and control of the City Manager. The City Manager must be satisfied that the
requisite number of peace officers will be provided at all times of operations, plus any specified
time prior to and following the event, before a license is issued, The licensee must also furnish to
the City Manager, prior to issuance of the license, written permission for City law enforcement
officers or City officials to enter upon the premises for the purpose of any inspections deemed
necessary by the City Manager."
SECTLON 10. The Mayor shall sign this ordinance and the City Clerk shall certify to the
adoption of this ordinance and shall cause it, or a summary of it, to be published once in the Redlands
Daily Facts, a newspaper of general circulation within the City, and thereafter, this ordinance shall
take effect in accordance with,law,
o . ia soill ayor
ATTEST:
1-0 e Poyzer,,, erk
DAEORD'1684 9
I, Lorrie Poyzer, City Clerk of the City of Redlands, hereby certify that the forgoing ordinance
was duly adopted by the City Council at a regular meeting thereof held on the 20th clay of
November, 2007 by the fallowing vote:
AYES: Councilmembers Gilbreath, Gallagher, Aguilar; Mayor Harrison
NOES: None
ABSENT: Councilmember Gil
ABSTAIN: None
Lo e Poyze** --'
DJM',ORD\26 4 to