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Home My WebLink About38.130 ORDINANCE NO. 38. 130 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING VARIOUS SECTIONS OF CHAPTER 4 OF THE SARATOGA CITY CODE PERTAINING TO BUSINESS REGULATIONS AND BUSINESS LICENSE FEES The City Council of the City of Saratoga does hereby ordain as follows: ~ECTION l: Section 4-7 o~ Chapter 4 of the City Code is hereby amended to read as follows: ~Jee. 4-7. Licenses for circuses, carnivals, etc. Any person desiring to operate or conduct any circus or similar exhibition, side shows, after shows, side shows at carnivals, circus processions and parades, ferris wheels, scenic railways, merry-go-rounds, swings or similar devices or carnivals where games of science and skill are conducted shall, in addition to acquiring a permit as required by this Division, apply for and obtain a business license pursuant to Article V of this Chapter and pay the license fee specified in Section 4-110. No such business license shall be issued unless and until the applicant therefor has a valid permit issued pursuant to this Division covering the specific location in question." SECTION 2: Section 4-19 of Chapter 4 of the City Code is hereby amended to read as follows: "See. 4-19. Same - fee Each license required by this Division for each place of business shall be issued only upon prepayment of the license fee as specified in Section 4-110 of this Chapter." SECTION 3: Section 4-29 of Chapter 4 of the City Code is hereby amended to read as follows: "See. 4-29 Same - fee Each license rquired by this Division for each place of business shah be issued only upon prepayment Of the license fee as specified in Section 4-110 of this Chapter." SECTION 4: Section 4-36 of Chapter 4 of the City Code is hereby amended to read as follows: "see. 4-36. Licenses required (a) No person shall conduct a public dance or operate a public dance hall in the city without first obtaining a license pursuant to this Division. 2/1/85 -1- (b) Any person desiring to conduct a public dance or operate a public dance hall for which a license is required under the provisions of this Division shall also apply for and obtain a business license pursuant to Article V of this Chapter and pay the license fee specified in Section 4-110, unless such person or the activity is exempted under any of the provisions set forth in Division 3 of Article V. No such business license shall be issued unless and until the applicant has first obtained a valid dance hall or public dance license under this Division." :SECTION 5: Section 4-73 of Chapter 4 of the City Code is hereby amended to read as follows: "see. 4-73. Permit required (a) No person shah engage in the business of operating a private patrol in the city without a permit first having been obtained from the chief of police and from both the chief of police and the fire marshall when a fire patrol is to be operated. (b) Any person desiring to operate a private patrol for which a permit is required under this Division shall also apply for and obtain a business license pursuant to Article V of this Chapter and pay the license fee specified in Section 4-110. No such business license shall be issued unless and until the applicant has first obtained a valid permit under this Division." :SECTION 6: Section 4-109 of Chapter 4 of the City Code is amended to read as follows: "See. 4-109. Term of licenses; due date of license fee (a) All licenses required to be obtained pursuant to this Article, except where otherwise specifically provided, shall be annual licenses issued for the period commencing January first of each year and expiring on December 31st of the same year. All license fees required to be paid pursuant to this Article, except where otherwise specifically provided, shall be due and payable on January first of each year, or on the date any new business might commence in the city after January first of a particular year. (b) Peddlers' and solicitors' licenses may be issued on a daily, weekly, monthly or annual basis. (c) There shall be no proration of any license fee for parts of a day, a week, a month or a year when the business is not being engaged in or conducted." :SECTION 7: Section 4-110 of Chapter 4 of the City Code is hereby amended to read as follows: "see. 4-110. License fee Any person required to obtain a business license pursuant to this Article shall pay an annual license fee in the amount of seventy-five dollars, unless such person or the activity for which the license is issued is exempted from the payment of such fee 2/1/85 -2- under the provisions of Section 4-120." SECTION 8: Section 4-110.1 of the City Code is hereby repealed. SECTIOI~I 9: Section 4-148 of the City Code is hereby repealed and Sections 4- 144.1 and 4-144.2 are hereby added to the City Code, to read as follows: neoee. 4-144.1. Permit required (a) It shall be unlawful for any person to engage in, conduct or carry on any secondhand dealer business in the city without first having obtained a permit pursuant to this Division. All references in Article 4 of Chapter 9 of Division 8 of the Business and Professions Code to "licenses" shall mean the "permits" issued under this Division. (b) Any person desiring to conduct or operate a secondhand dealer business in the city for which a permit is required under this Division shall also apply for and obtain a business license pursuant to Article V of this Chapter and pay the license fee specified in Section 4-110. No such business license shall be issued unless and until the applicant has first obtained a valid permit under this Division. See. 4-144.2. Permit fee; grounds for denial; duration; renewal The fee for processing an application for a permit under Business and Professions Code Section 21641 and this Division shah be thirty dollars in addition to any fee required by the Department of Justice. The City Manager may deny a permit if he finds that the applicant has been convicted of an attempt to receive stolen property or any other offense involving stolen property. The term of any permit issued under this Division shah be one year. A permit issued pursuant to this Division may be renewed upon the submission of an application and the payment of a thirty dollar permit renewal fee to the city." SECTION 10: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. SECTION 11: This Ordinance shall be in full force and effect thirty (30) days from and after the date of its passage and adoption, The business license fee established in this Ordinance shah be charged for all new business licenses issued after the effective 2/1/85 -3- date hereof during the calendar year 1985, and shall be charged upon renewal of existing business licenses for the calendar year 1986. Passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 3rd day of April , 1985, by the following vote: AYES: Councils Callcn, Clevenger, Hlava, Moyles and Mayor Fanelli NOES: N~ne ABSTAIN: None MA~OR ATTEST: CITY CLERK The above and forermin~ is a true and correct cop;t c!f {,h,:j~:~:nce "52,.?~,o__ which has been Depu;~"~i~y Cie'rk~''' / Date 2/1/85 -4-