5.04.010   DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   AVERAGE NUMBER OF PERSONS EMPLOYED. The average number of persons employed daily in the licensee's business during the previous year, as determined by adding the total number of employees on the fifteenth day of each month, or on the day of the mid-month payroll period, and each of the preceding 12 months, and dividing the total by 12.
   BUSINESS. Includes professions, trades and occupations and all and every kind of calling, whether or not carried on for profit.
   COLLECTOR. The Director of Finance.
   EMPLOYEE. For the purpose of determining the number of employees engaged in any business, calling or operation, means any or all persons engaged in the operation or conduct of any business, whether as owner, any member of the owner's family, partner, agent, manager, solicitor or any and all other persons employed or working in the business, regardless of number of hours worked.
   FIXED PLACE OF BUSINESS. The premises occupied for the particular purpose of conducting the business thereat, and regularly kept open for that purpose with a competent person in attendance for the purpose of attending to such business.
   GROSS RECEIPTS. Includes the total amounts actually received or receivable from sales and the total amount actually received or receivable for the performance of any act or service, of whatever nature it may be, for which a charge is made or credit allowed, whether or not such act or service is done as a part of, or in connection with, the sale of materials, goods, wares or merchandise. Included in GROSS RECEIPTS are all receipts, cash, credits and property of any kind or nature without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever. Excluded from GROSS RECEIPTS shall be the following:

1. Cash discounts allowed and taken on sales;
2. Credit allowed on property accepted as part of the purchase price and which property may later be sold;
3. Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser;
4. The part of the sale price of property returned by purchasers upon rescission of the contract of sale as is refunded either in cash or by credit;
5. Amounts collected for owners when the business is acting as an agent or trustee to the extent that such amounts are paid to those for whom collected; provided that the agent or trustee has furnished the collector with the names and addresses of the others and the amounts paid to them;
6. That portion of the receipts of a general contractor which represents payments to subcontractors; provided that such subcontractors are licensed under this chapter; and provided that the general contractor furnishes the collector with the names and addresses of the subcontractors and the amounts paid each subcontractor;
7. Receipts of refundable deposits, except that refundable deposits forfeited and taken into the income of the business shall not be excluded;
8. As to a retail gasoline dealer, a portion of his receipts from the sale of motor vehicle fuels equal to the motor vehicle fuel license tax imposed by and previously paid under the provisions of Cal. Revenue and Taxation Code Part 2 of Division 2; and
9. As to a retail gasoline dealer, the special motor fuel tax imposed by 26 U.S.C. § 4041 if paid by the dealer or collected by him from the consumer or purchaser.

   SALE. Includes the transfer, in any manner or by any means whatsoever, of title to property for a consideration; the serving, supplying or furnishing for a consideration of any property; and a transaction whereby the possession of property is transferred and the seller retains the title as security for the payment of the price is likewise deemed a sale. The foregoing definitions shall not be deemed to exclude any transaction which is, or which, in effect, results in a sale within the contemplation of law.
   SWORN STATEMENT. An affidavit sworn to before a person authorized to take oaths, or a declaration or certification made under penalty of perjury.
(Ord. 434 §1, passed -- 1973; Am. Ord. 870 §7, 8-25-2008; Am. Ord. 873 §2, pased 8-25-2008)

5.04.020   PROVISIONS AS REVENUE MEASURE.

The ordinance codified in this chapter is enacted primarily to raise revenue for municipal purposes. (Ord. 434 §2, passed -- 1973)

5.04.030   EFFECT ON OTHER ORDINANCES.

Persons required to pay a license tax for transacting and carrying on any business under this chapter shall not be relieved from the payment of any license tax for the privilege of doing such business required under any other ordinance of the City, and shall remain subject to the regulatory provisions of other ordinances. (Ord. 434 §3, passed -- 1973)

5.04.040   LICENSE AND TAX PAYMENT REQUIRED.

1. There are imposed upon the businesses, trades, professions, callings and occupations specified in this chapter, license taxes in the amounts hereinafter prescribed. It is unlawful for any person to transact and carry on any business, trade, profession, calling or occupation in the City without first having procured a license from the City to do so and paying the tax hereinafter prescribed or without complying with any and all application provisions of this chapter.
2. This section shall not be construed to require any person to obtain a license prior to doing business within the City if such requirement conflicts with applicable statutes of the United States or of the State of California. 

5.04.050   SEPARATE LICENSES REQUIRED FOR BRANCH ESTABLISHMENTS.

A separate license must be obtained for each branch establishment or location of the business transacted and carried on and for each separate type of business at the same location; and each license shall authorize the licensee to transact and carry on only the business licensed thereby at the location or in the manner designated in such license; provided that warehouses and distributing plants used in connection with, and incidental to, a business licensed under the provisions of this chapter shall not be deemed to be separate places of business or branch establishments; and provided further that any person conducting two or more types of businesses at the same location and under the same management, or at different locations, but which businesses use a single set or integrated set of books and records, may, at his option, pay only one tax calculated under the schedule for the principal type of business and include all others therein, in which event the license fee will be based on the classification and schedule applicable to the principal business, except that a license fee of thirty dollars for each separate type of business or additional branch or location shall be paid upon issuance. (Ord. 434 §5, passed -- 1973)

5.04.060   EVIDENCE OF DOING BUSINESS - CITY PERMIT REQUIRED FOR LICENSING.

When any person shall, by use of signs, circulars, cards, telephone books or newspapers, advertise, hold out, or represent that he is in business in the City, or when any person holds an active license or permit issued by a governmental agency indicating that he is in business in the City, and such person fails to deny by sworn statement given to the collector that he is not conducting a business in the City, after being requested to do so by the collector, then these facts shall be considered prima facie evidence that he is conducting a business in the City.

1. Licenses requiring City permits. No person shall be licensed under this chapter to carry on any type of business activity requiring a use permit, certificate or license under some other ordinance of the City, unless he shall at the time of making application for a business license hereunder possess such valid use permit, certificate or license from the City.
2. Licenses required to comply with zoning ordinance. No person shall be licensed under this chapter to carry on any type of business activity at a location where such activity is prohibited by a zoning ordinance.

(Ord. 434 §6, passed -- 1973; Am. Ord. 582 §1, passed -- 1982)

5.04.070   CONSTITUTIONAL APPORTIONMENT FOR LICENSE TAXES.

1. None of the license taxes provided for by this chapter shall be so applied as to occasion an undue burden upon interstate commerce or be violative of the equal protection and due process clauses of the Constitutions of the United States and the State of California.
2. In any case where a license tax is believed by a licensee or applicant for a license to place an undue burden upon interstate commerce or be violative of such constitutional clauses, he may apply to the Collector for an adjustment of the tax. Such application may be made before, at, or within six months after payment of the prescribed license tax. The applicant shall, by sworn statement and supporting testimony, show this method of business and the gross volume or estimated gross volume of business and such other information as the collector may deem necessary in order to determine the extent, if any, of such undue burden or violation. The Collector shall then conduct an investigation, and, after having first obtained the written approval of the City Attorney, fix as the license tax for the applicant, an amount that is reasonable and nondiscriminatory, or if the license tax has already been paid, order a refund of the amount over and above the license tax so fixed. In fixing the license tax to be charged, the Collector shall have the power to base the license tax upon a percentage of gross receipts or any other measure which will assure that the license tax assessed shall be uniform with that assessed on businesses of like nature, so long as the amount assessed does not exceed the license tax as prescribed by this chapter. Should the Collector determine the gross receipts measure of license tax to be the proper basis, he may require the applicant to submit, either at the time of termination of applicant's business in the City, or at the end of each three(3)-month period, a sworn statement of the gross receipts and pay the amount of license therefor, provided that no additional license tax during any one calendar year shall be required after the licensee has paid an amount equal to the annual license tax as prescribed by this chapter.

5.04.080   EXEMPTIONS FROM TAX PAYMENTS.

1. Nothing in this chapter shall be deemed or construed to apply to any person transacting and carrying on any business exempt by virtue of the Constitution or applicable statutes of the United States or of the State of California from the payment of such taxes as are herein prescribed; providing, however, that such person claiming an exemption shall obtain a license in accordance with this section.
2. Any person claiming an exemption pursuant to this section shall file a sworn statement with the collector stating the facts upon which exemption is claimed, and setting forth the nature and date of any use permits or variances granted pursuant to the applicable zoning ordinance of the City for the place where such business is to be carried on, and in the absence of such statement substantiating the claim, such person shall be liable for the payment of taxes imposed by this chapter.
3. The Collector shall, upon a proper showing contained in the sworn statement and upon the Collector being satisfied that the carrying on of such business at the designated place will not be in violation of the applicable zoning ordinance, issue a license to such person claiming exemption under this section without payment to the City of the license tax required by this chapter.
4. The Collector, after giving notice and a reasonable opportunity for hearing to a licensee, may revoke any license granted pursuant to the provisions of this section upon information that the licensee is not entitled to the exemption as provided herein.
5. Organizations which are organized and operated for nonprofit purposes within the provisions of a specific exemption contained in the Cal. Revenue and Taxation Code § 23701 shall be exempt from taxes or fees imposed under this chapter of the municipal code. Nonprofit exempt organizations shall obtain a license from the Collector at no cost and shall provide the Collector with adequate proof of their nonprofit status in the form prescribed by the California State Franchise Tax Board.

(Ord. 434 §8, passed -- 1973; Am. Ord. 440 (part), passed -- 1974; Ord. 582 §2, passed -- 1982)

5.04.090   LICENSE - CONTENTS - ISSUANCE.

1. Every person required to have a license under the provisions of this chapter shall make application as hereinafter prescribed for the same, to the Collector of the City, and upon the payment of the prescribed license tax, and the Collector, being satisfied that the carrying on of such business at the designated place will not be in violation of the applicable zoning ordinance, shall issue to such person a license which shall contain the following information:
   1. The name of the person to whom the license is issued;
   2. The business licensed;
   3. The place where such business is to be transacted and carried on;
   4. The date of the expiration of such license; and
   5. Such other information as may be necessary for the enforcement of the provisions of this chapter.
2. Whenever the tax imposed under the provisions of this chapter is measured by the number of vehicles, devices, machines or other pieces of equipment used, or whenever the license tax is measured by the gross receipts from the operation of such items, the Collector shall issue only one license, provided that he or she may issue for each tax period for which the license tax has been paid, one identification sticker, tag, place or symbol for each item included in the measure of the tax or used in a business where the tax is measured by the gross receipts from such items. 

5.04.100   FIRST LICENSE - APPLICATION.

1. Upon a person making application for the first license to be issued hereunder or for a newly established business, such person shall furnish to the Collector a sworn statement upon a form provided by the Collector setting forth the following information:
   1. The exact nature of the kind of business for which a license is requested;
   2. The place where such business is to be carried on, and if the same is not to be carried on at any permanent place of business, the places of residences of the owners of same;
   3. In the event that application is made for the issuance of a license to a person doing business under a fictitious name, the application shall set forth the names and places of residences of those owning the business;
   4. In the event that the application is made for the issuance of a license to a corporation or a partnership, the application shall set forth the names and places of residences of the officers or partners thereof;
   5. In all cases where the amount of license tax to be paid is measured by gross receipts, or average number of persons employed, the application shall set forth such information as may be therein required and as may be necessary to determine the amount of the license tax to be paid by the applicant;
   6. Any further information which the Collector may require to enable him to issue the type of license applied for;
   7. The nature and date of any use permits or variances granted pursuant to the applicable zoning ordinances of the City for the place where such business is to be carried on.
   8. A building department fee in an amount as established from time to time by resolution of the City Council for inspection of the business location by the building official.
   9. A planning department fee in an amount as established from time to time by resolution of the City Council for zoning verification by the director of planning or his or her designee.
   10. The license number issued pursuant to California state contractor licensing laws, the license expiration date and a statement that the license is in full force and effect.  If the applicant is exempt from the provisions of the state contractor licensing laws, proof of facts which entitle the applicant to such an exemption.
2. If the amount of the license tax to be paid by the applicant is measured by gross receipts, or average number of employees, he or she shall estimate the gross receipts or average number of employees for the period to be covered by the license to be issued. Such estimate, if accepted by the Collector as reasonable, shall be used in determining the amount of license tax to be paid by the applicant; provided, however, the amount of the license tax so determined shall be tentative only, and such person shall, at the request of the Collector, within thirty days after the expiration of the period for which such license was issued, furnish the Collector with a sworn statement, upon a form furnished by the Collector, showing the gross receipts or average number of persons employed 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 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.
3. The Collector shall not issue to any such person another license for the same or any other business, until such person has furnished to him or her the sworn statement and paid the license tax and fees as herein required.
4. The determination of the type or class of business the applicant is engaged in or about to be engaged in is an administrative function of the Collector.

(Ord. 434 §10, passed -- 1973; Am. Ord. 440 (part), passed -- 1974; Am. Ord. 582 §3, passed -- 1982; Am. Ord. 736 §1, passed -- 1991; Am. Ord. 871 §2, passed 8-25-2008; Am. Ord 875 §32, passed 8-25-2008)

5.04.110   LICENSE RENEWAL.

In all cases, the applicant for the renewal of a license shall submit to the Collector for his guidance in ascertaining the amount of the license tax to be paid by the applicant a sworn statement, upon a form to be provided by the Collector, setting forth such information concerning the applicant's business during the preceding year as may be required by the Collector to enable him or her to ascertain the amount of the license tax to be paid by the applicant pursuant to the provisions of this chapter and a statement that the applicant is licensed under state contractor licensing laws, the license number and expiration date and a statement that the license is in full force and effect.  If the applicant is exempt from the provisions of the state contractor licensing laws, proof of facts which entitle the applicant to such an exemption. (Ord. 875 §33, passed 8-25-2008)

5.04.120   STATEMENTS AND RECORDS - SUBJECT TO AUDIT - MAINTENANCE.

1. No statements shall be conclusive as to the matters set forth therein, nor shall the filing of the same preclude the City from collecting by appropriate action such sum as is actually due and payable hereunder. Such statement and each of the several items therein contained shall be subject to audit and verification by the Collector, his deputies or authorized employees of the City, who are authorized to examine, audit and inspect such books and records of any licensee or applicant for license, as may be necessary in their judgment to verify or ascertain the amount of license fee due.
2. All persons, subject to the provisions of this chapter, shall keep complete records of business transactions, including sales, receipts, purchases and other expenditures, and retain all such records for examination by the Collector. Such records shall be maintained for a period of at least three years. No person required to keep records under this section shall refuse to allow authorized representatives of the Collector to examine the records at reasonable times and places. (Ord. 434 §12, passed -- 1973)

5.04.130   STATEMENTS AND RECORDS - INFORMATION CONFIDENTIAL - DISCLOSURES WHEN.

It is unlawful for the Collector, or any person having an administrative duty under the provisions of this chapter, to make known in any manner whatsoever the business affairs, operations or information obtained by an investigation of records and equipment of any person required to obtain a license, or pay a license tax, or any person visited or examined in the discharge of official duty, or the amount or source of income, profits, losses, expenditures or any particular thereof, set forth in any statement or application, or to permit any statement or application, or copy of either, or any book containing any abstract or particulars thereof to be seen or examined by any person; provided that nothing in this section shall be construed to prevent:

1. The disclosure to, or the examination of, records and equipment by another City official, employee or agent for collection of taxes for the sole purpose of administering or enforcing any provisions of this chapter, or collecting taxes imposed hereunder;
2. The disclosure of information to, or the examination of, records by federal or state officials, or the tax officials of another City or county, or City and county, if a reciprocal arrangement exists, or to a grand jury or court of law, upon subpoena;
3. The disclosure of information and results of examination of records of particular taxpayers, or relating to particular taxpayers, to a court of law in a proceeding to determine the existence or amount of any license tax liability of the particular taxpayers to the City;
4. The disclosure, after the filing of a written request to that effect, to the taxpayer himself or herself, or to his or her successors, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested, of information as to the items included in the measure of any tax paid, any unpaid tax or amounts of tax required to be collected, interest and penalties; further provided, however, that the City Attorney approves each such disclosure and that the Collector may refuse to make any disclosure referred to in this subsection when in his opinion the public interest would suffer thereby;
5. The disclosure of the names and addresses of persons to whom a license has been issued; and the general type or nature of their businesses;
6. The disclosure, by way of public meeting or otherwise, of such information as may be necessary to the City Council in order to permit it to be fully advised as to the facts when a taxpayer files a claim for refund of license taxes, or submits an offer of compromise with regard to a claim asserted against him by the City for license taxes, or when acting upon any other matter;
7. The disclosure of general statistics regarding taxes collected or business done in the City.

(Ord. 434 §13, passed -- 1973)

5.04.140   FAILURE TO FILE STATEMENT - TAX DETERMINATION - HEARING - NOTICES.

1. If any person fails to file any required statement within the time prescribed, or if after demand therefor made by the Collector, he or she fails to file a corrected statement, or if any person subject to the tax imposed by this chapter fails to apply for a license, the Collector may determine the amount of license tax due from such person by means of such information as he may be able to obtain.
2. If the Collector is not satisfied with the information supplied in statements or applications filed, he or she may determine the amount of any license tax due by means of any information he or she may be able to obtain.
3. If such a determination is made, the Collector shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States Post Office at Fort Bragg, California, postage prepaid, addressed to the person so assessed, at his or her last known address. Such person may, within 15 days after the mailing or serving of such notice, make application in writing to the Collector for a hearing on the amount of the license tax. If such application is made, the Collector shall cause the matter to be set for hearing within 15 days before the City Council. The Collector shall give at least ten days notice to such person of the time and place of hearing in the manner prescribed herein for serving notices of assessment. TheCity Council shall consider all evidence produced, and make findings thereon, which shall be final. Notice of such findings shall be served upon the applicant in the manner prescribed herein for serving notices of assessment. (Ord. 434 §14, passed -- 1973)

5.04.150   APPEAL FROM DECISION - HEARING - NOTICE.

1. Administrative hearings. In any case where a licensee or applicant for a license is dissatisfied with a determination of the Collector as to the classification of his business or the amount of license tax to be fixed or is aggrieved by any decision of the Collector with respect to the issuance or refusal to issue any such license, the applicant may within 30 days after payment of his license tax, apply for a hearing before an administrative board consisting of the City Manager and the Vice-President of the Chamber of Commerce. Notice of the hearing shall be given in the same manner as described in subsection (B) of this section. The administrative board shall hear and consider evidence and shall decide the issue based on the evidence presented and a decision with any adjustment of license fee must be rendered in writing to applicant within five days from date of hearing
2. Appeal from Board decisions-hearing-notice. Any person aggrieved by any decision of the administrative board may appeal to the City Council by filing a notice of appeal with the City Clerkwithin ten (10) days of receipt of the Board decision. The City Council shall thereupon fix a time and place for hearing such appeal. The City Clerk shall give notice to such person of the time and place of hearing by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to such person at his last known address. The City Council shall have authority to determine all questions raised on such appeal. No such determination shall conflict with any substantive provision of this chapter. The decision of the City Council shall be final.

(Ord. 434 §15, passed -- 1973; Ord. 582 §4, passed -- 1982)

5.04.160   FILING TIME EXTENSION - PENALTY WAIVER - AUTHORITY.

In addition to all other powers conferred upon him or her, the Collector shall have the power, for good cause shown, to extend the time for filing any required sworn statement or application for a period not exceeding 30 days, and in such case to waive any penalty that would otherwise have accrued, except that 10% simple interest shall be added to any tax determined to be payable. (Ord. 434 §16, passed -- 1973)

5.04.170   LICENSE - TRANSFERRING ON CHANGE OF LOCATION OR OWNERSHIP - FEE.

A license issued pursuant to this chapter may be transferable for the remainder of the term, providing that the transfer of the business to third persons or ownerships, shall be reported to the City on an application as in the form of a new license, with the indication that it is an application for transfer of ownership of business, and a fee shall be charged for transferring the license to the new ownership. Any person wishing to transact and carry on business at a place other than a particular location previously designated, if any, or where the location of the business is changed, shall notify the City as to the change of location, and a fee shall be charged for amending the license. This does not include the establishment of branch places of business otherwise provided for in this chapter. Fees shall be as established from time to time by resolution of the City Council. (Ord. 871 §3, passed 8-25-2008)

5.04.180   LICENSE - DUPLICATE - FEE.

A duplicate license may be issued by the Collector to replace any license previously issued hereunder which has been lost or destroyed, upon the licensee filing a statement of such fact; and at the time of filing of such statement, paying to the Collector a duplicate license fee in an amount as established from time to time by resolution of the City Council. (Ord. 871 §4, passed 8-25-2008)

5.04.190   LICENSE - POSTING AND KEEPING - NONTRANSFERABLE.

1. Any licensee transacting and carrying on business at a fixed place of business in the City shall keep the license posted in a conspicuous place upon the premises where such business is carried on.
2. Any licensee transacting and carrying on business but not operating at a fixed place of business in the City shall keep the license upon his person at all times while transacting and carrying on the business for which it is issued.
3. Whenever identifying stickers, tags, plates or symbols have been issued for each vehicle, device, machine or other piece of equipment included in the measure of a license tax, the person to whom such stickers, tags, plates or symbols have been issued shall keep firmly affixed upon each vehicle, device, machine or piece of equipment the identifying sticker, tag, plate or symbol which has been issued therefor, at such locations as are designated by the Collector. Such sticker, tag, plate or symbol shall not be removed from any vehicle, device, machine or piece of equipment kept in use during the period for which the sticker, tag, plate or symbol is issued.
4. No person shall fail to affix, as required herein, any identifying sticker, tag, plate or symbol to the vehicle, device, machine or piece of equipment for which it has been issued at the location designated by the Collector, or to give away, sell or transfer such identifying sticker, tag, plate or symbol to another person, or to permit its use by another person.

(Ord. 434 §19, passed -- 1973)

5.04.200   TAXES - HOW AND WHEN PAYABLE.

Unless otherwise specifically provided, all annual license taxes, under the provisions of this chapter, shall be due and payable in advance on the first day of March of each year; provided that license taxes covering new operations, commenced after the first day of March, may be prorated by calendar quarters for the balance of the license period. (Ord. 434 §20, passed -- 1973)

5.04.210   TAXES - DELINQUENT PAYMENTS - PENALTIES.

1. For failure to pay a license tax when due, the Collector shall add a 10% penalty for the license tax due for each calendar month of the delinquency, compounded monthly, providing that the amount of such penalty to be added shall in no event exceed 100% of the amount of the license tax due.  In no event shall such penalty exceed the maximum amount set forth in Government Code § 36901.
2. The penalty for doing business within the City without obtaining a license where necessary, shall be an additional 50% of the license chargeable under this chapter.
3. No license or sticker, tag, plate or symbol shall be issued, nor shall one which has been suspended or revoked be reinstated or reissued, to any person, who at the time of applying therefor, is indebted to the City for any delinquent license taxes.

(Ord. 875 §34, passed 8-25-2008)

5.04.220   TAXES - REFUND OF OVERPAYMENTS.

No refund of an overpayment of taxes imposed by this chapter shall be allowed in whole or in part unless a claim for a refund is filed with the Director of Finance within a period of twelve (12) months from the last day of the calendar month following the period for which the overpayment was made, and all such claims for refund of the amount of the overpayment must be filed with the Director of Finance on forms furnished by him or her and in the manner prescribed by him or her. Upon the filing of such a claim, and when he or she determines that an overpayment has been made, the Director of Finance may refund the amount overpaid. (Ord. 873 §3, passed 8-25-2008)

5.04.230   TAXES - BASIS FOR FEE CALCULATIONS - MULTIPLE CLASSIFICATIONS.

Any person doing business under more than one classification shall pay a tax on that amount of business done under each classification. An example would be a contractor who also is involved in the sale of goods in addition to contract work done under a state contract license. The annual gross receipts during the twelve (12)-month period immediately preceding the licensing period is the basis for fee calculation. (Ord. 582 §5, passed -- 1982)

5.04.240   TAXES - GROSS RECEIPTS RATE.

5.04.250   TAXES - MANUFACTURERS' FEES.

Every person engaged in making from materials, raw or partly finished, goods, wares, merchandise or other things of value suitable for use; or lumber and wood products warehoused for the purpose of sales thereof to wholesalers or retailers, shall pay a license fee based on the employee formula as provided for in § 5.04.290, such person may elect to pay a license tax by gross receipts as provided for in §5.04.240 herein, from business done within the City. (Ord. 434 §23(B)(1), passed -- 1973; Am. Minute Order dated 11-12-73; Ord. 736 §3, passed -- 1991; Am. Ord. 758 §1, passed -- 1993)

5.04.260   TAXES - CONTRACTORS' FEES.

1. Any person licensed by any government agency or authority as a contractor in any field whatsoever, including, but not limited to, general, electrical, plumbing, cement, paint, plaster, etc. performing work which requires the issuance of a building permit will no longer be required to maintain an annual business license. Instead, all contractors shall pay a fee based on the contract valuation of each building permit, said fee at the rate of 0.04% is to be applied and collected with the issuance of each building permit.
2. However, contractors, businesses or individuals providing construction, maintenance or other goods or services which do not require a building permit will be required to purchase a business license using the standard gross receipts formula under § 5.04.230.

(Ord. 875 §35, passed 8-25-2008)

5.04.270   TAXES - COMMON CARRIERS' FEES.

All common carriers, within the jurisdiction of the Public Utilities Commission of the state, shall pay a license based on the employee formula set out in § 5.04.290. (Ord. 434 §23(B)(3), passed -- 1973; Am. Minute Order dated 11-12-73)

5.04.280   TAXES - UTILITY COMPANIES' FEES.

All utility companies, within the jurisdiction of the Public Utilities Commission of the state, shall pay a license fee based on the employee formula set out in §5.04.290. (Ord. 434 §23(B)(4), passed -- 1973; Am. Minute Order dated 11-12-73)

5.04.290   TAXES - EMPLOYEE FORMULA.

Taxes based on employee formula shall be in the amounts as established from time to time by resolution of the City Council.  (Ord. 871 §6, passed 8-25-2008)

5.04.300   TAXES - RECLASSIFICATION - APPLICATION - INVESTIGATION.

In any case where a licensee or an applicant for a license believes that his individual business is not assigned to the proper classification under §§ 5.04.250 through 5.04.290 because of circumstances peculiar to it, as distinguished from other businesses of the same kind, he may apply to the Collector for reclassification. Such application shall contain such information as the Collector may deem necessary and required in order to determine whether the applicant's individual business is properly classified. The Collector shall then conduct an investigation following which he or she shall assign the applicant's individual business to the classification which, in the opinion of the Collector, most nearly fits the applicant's individual business. The reclassification shall not be retroactive, but shall apply at the time of the next regularly ensuing calculation of the applicant's tax. No business shall be classified more than once in one year. (Ord. 434 §23 (part), passed -- 1973; Am. Minute Order dated 11-12-73)

5.04.310   TAXES - RECLASSIFICATION - APPLICATION - HEARING - NOTICES.

The Collector shall notify the applicant of the action taken on the application for reclassification. Such notice shall be given by serving it personally or by depositing it in the United States Post Office at Fort Bragg, California, postage prepaid, addressed to the applicant at his last known address. Such applicant, within 15 days after the mailing or serving of such notice, may make a written request to the Collector for a hearing on his application for reclassification. If such request is made within the time prescribed, the Collector shall cause the matter to be set for hearing before the City Council within 15 days. The Collector shall give the application at least ten (10) days notice of the time and place of the hearing in the manner prescribed herein for the serving of notice of the action taken on the application for reclassification. The City Council shall consider all the evidence adduced and its findings thereon shall be final. Written notice of such findings shall be served upon the applicant in the manner prescribed herein for service of notice of the action taken on the application for reclassification. (Ord. 434 §23 (part), passed -- 1973; Am. Minute Order dated 11/12/73; )

5.04.320   TAXES - FLAT RATE.

Every person transacting and carrying on the businesses enumerated by the City in the following resolution shall pay a license tax in an amount as established from time to time by resolution of the City Council. (Ord. 871 §7, passed 8-25-2008)

5.04.330   TAXES - VEHICLE DELIVERY BUSINESS - OPTIONAL RATE.

Every person not having a fixed place of business within the City, and not being herein otherwise licensed or classified, who delivers goods, wares or merchandise of any kind by vehicle or who provides any service by the use of vehicles in the City, shall pay a license tax in an amount as established from time to time by resolution of the City Council; provided that any such person may elect to pay a license tax by gross receipts in accordance with Section 5.04.240 herein, from business done within the City. (Ord. 871 §8, passed 8-25-2008)

5.04.340   TAXES - BUSINESSES OUTSIDE CITY - RATE.

Every person not having a fixed place of business within the City who engages in business within the City and is not subject to the provisions of § 5.04.330 of this chapter shall pay a license tax at the same rate prescribed herein for persons engaged in the same type of business from and having a fixed place of business within the City. (Ord. 434 §26, passed -- 1973)

5.04.350   RULES AND REGULATIONS ADOPTION AUTHORITY.

The Collector may make rules and regulations not inconsistent with the provisions of this chapter as may be necessary or desirable to aid in the enforcement of the provisions of this chapter. (Ord. 434 §27, passed -- 1973)

5.04.360   ENFORCEMENT PROVISIONS.

1. It shall be the duty of the Collector, and he or she is directed, to enforce each and all of the provisions of this chapter, and the Chief of Police shall render such assistance in the enforcement hereof as may from time to time be required by the Collector or the City Council.
2. The Collector, and any police officer, may enter any business free of charge and demand exhibition of the business license. Refusal of any person to so exhibit such license shall be deemed a misdemeanor as set forth in Fort Bragg Municipal Code § 1.12.010.

(Ord. 434 §28, passed -- 1973; Ord. 581. §11, passed -- 1982)

5.04.370   PENALTIES AND TAXES DEBT TO CITY.

All remedies prescribed hereunder shall be cumulative and the use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof. (Ord. 434 §30, passed -- 1973)

5.04.380   REMEDIES CUMULATIVE.

All remedies prescribed hereunder shall be cumulative and the use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof. (Ord. 434 §30, passed -- 1973)

5.04.390   EFFECT OF PROVISIONS ON PAST ACTIONS.

1. Neither the adoption of the ordinance codified in this chapter nor its superseding of any portion of any other ordinance of the City shall in any manner be construed to affect prosecution for violation of any other ordinance committed prior to the effective date of the ordinance codified in this chapter, nor be construed as a waiver of any license or any penal provision applicable to such violation, nor be construed to affect the validity of any bond or cash deposit required by any ordinance to be posted, filed or deposited, and all rights and obligations thereunto appertaining shall continue in full force and effect.
2. Where a license for revenue purposes has been issued to any person by the City and the tax paid for the business for which the license has been issued under the provisions of any ordinance heretofore enacted and the term of such license has not expired, then the license tax prescribed for the business by this chapter shall not be payable until the expiration of the term of such unexpired license.

(Ord. 434 §31, passed -- 1973)

5.04.400   PENALTY FOR VIOLATION.

Any person violating any of the provisions of this chapter knowingly or intentionally misrepresenting to any officer or employee of this City any material fact in procuring the license or permit herein provided for is guilty of a misdemeanor, and upon conviction thereof shall be punishable as provided in Chapter 1.12. (Ord. 874 §5, passed 8-25-2008)

5.12.010   DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(Ord. 455 §1, passed 1975; Am. Ord. 734 §1, passed -- 1992; Ord. 870 §8, passed 8-25-2008)

5.12.020   PERMITS.

1. It is unlawful to conduct or assist in conducting or maintaining a dance within the City limits unless a person first obtains a permit therefor as provided in this chapter.
2. Persons desiring such permits shall file a written application therefor with the Chief of Police and such application shall include the following and be on a form approved by the Chief of Police:
   1. Name and residence addresses of the applicant (if a corporation or a partnership, the names and residence addresses of all officers and directors or partners; if an unincorporated association, the name of all principals).
   2. The location and description of facilities proposed to be used.
   3. The dates, hours, estimated maximum attendance at such proposed dance and the type thereof, including but not limited to whether or not there will be live music.
3. The Chief of Police, upon receiving an application, shall consider and shall be satisfied that the public peace, safety, health and general welfare will not be endangered or jeopardized by the issuance of a dance permit. The Chief may impose conditions upon the issuance of such dance permit to insure the dancing conducted under such permit will be compatible with the preservation of the public peace, safety, health and general welfare. All applications shall be reviewed by the Fire Chief prior to issuance by the Chief of Police and may contain such conditions of approval as recommended by the Fire Chief. If the Chief of Police finds that the issuance of a dance permit will endanger or jeopardize the public peace, safety, health or general welfare, the permit shall be denied.
4. The Chief of Police or Fire Chief may revoke any dance permit if it finds that the conduct of such dancing violated any condition imposed upon such permit or any provision of the municipal code or the state law, or presents any threat to public peace, safety or health.

(Ord. 455 §2, passed -- 1975; Am. Ord. 734 §2, passed -- 1992)

5.12.030   DANCE OPERATORS AND ORGANIZERS.

The operator of a dance hall and promoter, operator or organizer of any dance shall be a responsible, reliable, law-abiding adult person. (Ord. 455 §3, passed -- 1975)

5.12.040   LOITERING WHERE PUBLIC ENTERTAINMENT OFFERED.

No person shall loiter between the hours of 10:00 p.m. and 5:00 a.m. about the premises for any public entertainment, including dances when such person is not actively participating in the entertainment or is not an invited spectator thereof. (Ord. 455 §4, passed -- 1975)

5.12.050   REVOKED PERMIT FOR DANCE - REISSUANCE.

If at any time the permit to conduct or maintain a public dance hall or permit allowing dancing upon the premises of the permittee is revoked for violation of the provisions of this chapter, then in such event, at least three (3) months shall elapse before another permit may be granted to the manager, owner, lessee or permittee of such premises, except in the case of a fixed place of business. (Ord. 455 §5, passed -- 1975)

5.12.060   PERMIT FEES.

The permit fee for dances shall be in the amounts as established from time to time by resolution of the City Council.  (Ord. 871 §9, passed 8-25-2008)

5.12.070   REQUIREMENTS.

No person, other than those operating as a fixed place of business having obtained a yearly business license and dance permit, shall operate, promote, maintain or conduct a public dance or public dance hall except in compliance with the following provisions:

1. Fee. The applicant shall pay, upon making such application, the applicable fee.
2. Occupancy. The occupancy of dance halls or the attendance at dances shall be restricted to the maximum limits permissible under applicable state and/or city fire laws or regulations.
3. Attendance of police. At all public dances, the Chief of Police may require police officers of the City to be in attendance to maintain order during the dance. The number of officers shall be determined by the Chief of Police or his or her duly authorized representative.
4. Hours for public dances. All public dances shall be discontinued and all public dance halls shall be closed at or before the hour of 2:00 a.m., except that dances restricted to persons under the age of 21 shall be closed at or before the hour of 1:00 a.m., and no public dance shall be held between the applicable closing hour and 10:00 a.m. of any day.

(Ord. 455 §7, passed -- 1975; Am. Ord. 734 §4, passed -- 1992)

5.12.080   PRIVATE DANCES.

Any person, club, sorority, fraternity, society or group giving, maintaining or conducting a dance in any fixed place of business or hall where the public generally is not permitted to obtain admission, but those permitted to gain admission are so admitted by invitation, subscription list or previous arrangement between the parties and they contribute to the expense of the dance by the payment of a stated charge or by division of the expense between the persons admitted, shall first apply to the Chief of Police for a permit to conduct such dance, which permit shall be granted without the payment of any fee, but upon such other conditions as may be prescribed by the Chief of Police, including the appointment of suitable chaperones, providing the Chief of Police is satisfied that the applicant or applicants are of good moral character. (Ord. 455 §8, passed -- 1975)

5.12.090   LIGHTING OF DANCE PREMISES.

The premises where the dances are held shall be kept well lighted. Lights shall be adequate at all times for the protection of persons and property using the premises. The noise level of the entertainment, including amplifiers and any other electronic equipment, shall be modulated and regulated at levels that do not cause or create noise disturbances outside of the hall or areas where the dances are being held. Failure to so regulate the lights and noise may cause, in the reasonable discretion of the policing officer, immediate revocation of the dance permit and the dance may be forthwith terminated and the area emptied. Doors and windows shall be kept closed when reasonably possible in order to reduce noise. (Ord. 455 §9, passed -- 1975)

5.12.100   WAIVER OF FEE.

The fee for a public or private dance may be waived by the City Council, in whole or in part by a majority vote of the City Council. The City Council hereby delegates this authority to the City Manager. In the event the City Manager denies the waiver of the dance fee, the applicant may request that the matter be placed on the next regularly scheduled City Council agenda for consideration by the City Council. The City Council may affirm or modify the decision of the City Manager. (Ord. 524 §1, passed -- 1979; Am. Ord. 734 §5, passed -- 1992)

5.16.010   DEFINITIONS.

For the purposes of this chapter, certain words and phrases used herein are defined as follows:

(Ord. 385 §1, passed -- 1970; Am. Ord. 870 §9, paseed 8-25-2008)

5.16.020   OWNER'S PERMIT.

It is unlawful to operate any taxicab or rent car business in the City unless the owner thereof applies for and obtains a permit to do so, which permit shall be applied for, granted; and, in effect, is in compliance with the provisions of this chapter. (Ord. 385 §2, passed -- 1970)

5.16.030   APPLICATION FOR OWNER'S PERMIT.

1. The application for an owner's permit shall be in writing, duly certified under oath and filed with the City Manager, or other designated person, hereinafter referred to as City Manager.
2. Each application shall set forth the following information:
   1. The name and address of the applicant;
   2. The names and addresses of all directors and officers, if the applicant is a corporation, and the names and addresses of any persons owning more than 20% of the voting stock of any applicant corporation;
   3. The location of all taxicab or rent car stands requested;
   4. The number of vehicles actually owned and the number of vehicles actually operated by the owner on the date of application;
   5. The number of vehicles for which permission to operate in the City is desired;
   6. The make, type, year of manufacture, passenger seating capacity and a statement of condition of each taxicab or rent car desired to be operated within the City;
   7. The schedule of rates proposed to be charged;
   8. The make and type of taximeter intended to be installed on each taxicab;
   9. A description of the proposed color scheme, insignia, trade style and/or any other distinguishing characteristics of the proposed taxicab or rent car design;
   10. The applicant's estimate of the additional taxicab or rent car service, supported by factual data;
   11. Such other information as the City Council may, in its discretion, require;
   12. The applicant shall provide his fingerprints in the manner prescribed by the Chief of Police; and
   13. An application fee in the amount as established from time to time by resolution of the City Council shall accompany each application for an owner's permit.

(Ord. 385 §3, passed -- 1970; Am. Ord. 871 §10, passed 8-25-2008)

5.16.040   PERMIT APPLICANT - INVESTIGATION AND REPORT.

1. No permit shall be granted within forty days after the date of filing the application with the City Manager.
2. The City Manager shall cause an investigation to be made and shall, within thirty days of the filing of a complete application, unless delayed by the applicant, report his findings to the City Council. The report shall include the following information:
   1. The results of an investigation by the Chief of Police as to
      1. Whether or not any substantial moral or physical deficiencies were discovered which would render the applicant not competent to operate a taxicab or rent car;
      2. Whether or not the applicant has ever been convicted of a felony or the violation of a narcotic law or of any penal law involving moral turpitude or, during the previous sixty days, has been convicted of any law relating to traffic or the use of streets in the City; and
      3. Whether or not there were found any falsifications of the application.
   2. The adequacy of the existing taxicab or rent car service;
   3. The financial responsibility and experience of the applicant;
   4. The effect which additional taxicab or rent car service may have upon traffic and parking within the City;
   5. A verification of the matters contained in the application; and
   6. Such other relevant facts as the City Council may deem advisable or necessary.

(Ord. 385 §4, passed -- 1970)

5.16.050   HEARINGS.

Upon the filing of an application for a permit to operate a taxicab or rent car business, the City Council shall fix a time and place for a public hearing thereon. At least ten days written notice of the time and place set for public hearing shall be given to the applicant and to all permittees under this chapter. Notice shall also be given the general public by publication once in a newspaper of general circulation published within the City. Any interested person may file with the City Manager a memorandum in support of or in opposition to the issuance of the applied for permit. (Ord. 385 §5, passed -- 1970)

5.16.060   ISSUANCE OF PERMIT.

The City Council shall make a finding as to whether the public convenience and necessity requires, or does not require, additional taxicab or rent car service at the conclusion of the public hearing or at a later date determined by it to be necessary for further study. The City Council, in making its finding, shall consider the City Manager's report and recommendation, the factual matters as verified in the application, the memoranda or other written materials on file, the matters elicited in the public hearing and its own investigation of the subject matter. The City Council shall also determine if the applicant is competent to operate a taxicab or rent car business based upon the investigation of the Chief of Police as to the applicant's character. (Ord. 385 §6, passed -- 1970)

5.16.070   DURATION OF PERMITS.

Every owner's permit issued pursuant to the provisions of this chapter shall be for a period of three years from the date of issue by the City Council, subject to revocation in the manner prescribed in this chapter and to renewal, unless determined otherwise by the City Council at its sole discretion, upon the payment of the annual license and permit fees in accordance with the then prevailing schedule of such fees. The first permit shall be for a term of the balance of the City's fiscal year, and thereafter annual permits shall be issued for the period from July 1st through June 30th. (Ord. 385 §7, passed -- 1970; Am. Ord. 630 §1, passed -- 1984)

5.16.080   TRANSFER OF TITLE TO SERVICE.

Whenever an owner sells or transfers title to a taxicab or rent car for which a certificate has been granted and within 30 days after such sale or transfer purchases other taxicabs or rent cars, the City Council shall, as a matter of right, upon written application to the City Council within 30 days of such purchase, issue new permits for the operation of no greater number of taxicabs or rent cars than those sold or transferred; provided, the owner has complied with all the provisions of this chapter. (Ord. 385 §8, passed -- 1970)

5.16.090   DESTRUCTION OF TAXICABS.

Any owner whose permitted taxicabs or rent cars have been destroyed, as a matter of right, upon written application to the City Council within 30 days after such destruction, shall be issued a new permit for the operation of no greater number of taxicabs than those so destroyed for the unexpired period of the original permit, upon satisfactory evidence presented to the council of such destruction, provided the owner has complied with all the provisions of this chapter. (Ord. 385 §9, passed -- 1970)

5.16.100   SUSPENSION OR REVOCATION OF PERMIT.

The City Council may, by resolution, and after ten (10) days written notice to the owner and a public hearing at a regular meeting thereof following such notice, suspend or revoke an owner's permit for any grounds it might deny such permit as set forth in Section 5.16.060, or in the event of a violation of any provisions of this chapter, the failure to pay any judgment for damages arising from the operation of the vehicles, or any of them, for which such permit was issued, or that the public convenience and necessity would be best served by such revocation or suspension of the owner's permit or any taxicab or rent car operated by such owner. (Ord. 385 §10, passed -- 1970)

5.16.110   SUSPENSION OF PERMIT BY CHIEF OF POLICE.

The Chief of Police may suspend any permit to operate a taxicab or rent car business or any taxicab or rent car, for a period not to exceed two (2) weeks, in the event he or she determines that the public safety and welfare would be benefited thereby and where mechanical or operational corrections cannot be immediately made to comply with the provisions of this chapter. In the event the Chief of Police suspends any permit under this chapter, heor she shall notify the City Manager. The City Council shall affirm or overrule the action of the Chief of Police at its next regular meeting. In the event the action is affirmed, a hearing shall be set in the manner required to revoke permits under this chapter, and, pending the City Council's determination following that hearing, the affected permit shall remain suspended. (Ord. 385 §11, passed -- 1970)

5.16.120   SUBMITTAL OF DRIVER INFORMATION BY OWNER.

1. In addition to obtaining an owner's permit as provided in this chapter, the owner shall submit to the Chief of Police a photocopy of the appropriate driver's license of all drivers employed.
2. It shall be the duty of the Chief of Police to investigate the background of each driver and inform the owner if the driver has been convicted of a felony, the violation of any narcotic law or any law involving moral turpitude, and which conviction or convictions would, in the judgment of the Chief of Police, render such driver not a competent person to operate a public motor vehicle in the City. If, after being informed by the Chief of Police that a driver is not a competent person to operate a public motor vehicle, the owner continues to employ him in such capacity, the owner's permit may be subject to revocation pursuant to the provisions of § 5.16.060.
3. Each time the owner hires a new driver, the owner shall submit the information required by the provisions of this section to the Chief of Police. The owner shall also notify the Chief of Police when a driver leaves his employment.

(Ord. 385 §12, passed -- 1970)

5.16.130   OPERATING REGULATIONS.

1. Direct Route. Any driver employed to transport passengers to a definite point shall take the most direct route possible which will carry the passenger to his destination safely and expeditiously.
2. Receipts. Every driver, upon request, shall give a correct receipt upon payment of the correct fare.
3. Refusal to Pay Fare. It is unlawful for any person to refuse to pay the lawful fare of any of the vehicles regulated by this chapter after employing or hiring such vehicle; and any person so doing is guilty of a misdemeanor.
4. Number of Passengers. No driver of any taxicab or rent car shall accept, take into his vehicle or transport any larger number of passengers than the rate seating capacity of his vehicle; provided, however, children under twelve years of age with an adult escort may be taken in addition thereto.
5. Found Property. Property of value left in any taxicab or rent car by a passenger shall be forthwith reported by the owner of the licensed vehicle to the Chief of Police.
6. Obedience to Safety Officers. The driver of any of the vehicles regulated by this chapter shall promptly obey all orders or instructions of any police officer or firefighter.
7. Use of Stands. No driver shall stand, while awaiting employment, at any place other than at a duly designated taxicab or rent car stand, nor shall he leave his taxicab or rent car unattended in a stand for a period of time longer than five (5) minutes.
8. Rights of Passengers. Any person engaging a taxicab shall have the exclusive right to the full use of the rear seat of the taxicab. While so engaged, no owner or driver shall solicit or carry additional passengers without obtaining the consent of the person first engaging such vehicle.

(Ord. 385 §13, passed -- 1970)

5.16.140   TAXIMETERS.

1. Generally.  Within 120 days from the effective date of the ordinance codified in this chapter it is unlawful for any owner or driver to operate any taxicab in the city unless such vehicle is equipped with a taximeter of such type, style and design as may be approved by the City Manager. It shall be the duty of every owner operating a taxicab to keep such taximeter in perfect condition so that such taximeter will, at all times, correctly and accurately indicate the correct charge for the distance traveled and waiting time. Such taximeter shall be at all times subject to inspection by an inspector appointed or by any police officer. Such inspector or police officer is authorized, on his own or upon complaint of any person, to investigate, or cause to be investigated, such taximeter; and, upon the discovery of any inaccuracy in such taximeter, to remove, or cause to be removed, such vehicle equipped with such taximeter from the streets of the City until such time as the taximeter has been correctly adjusted.
2. Flag. Every such taximeter shall register the charge to the nearest ten cents and be equipped with a flag or other mechanical device with the words "For Hire" printed or stamped thereon. Such flag shall be so attached and connected to the mechanism of the taximeter as to cause such mechanism to operate when the flag is in a position other than upright and indicate that the taxicab is not for hire, and such flag, when moved forward or downward, shall start the operation of the taximeter so that the same will operate in the manner defined in this chapter.
3. Operation of Flag. It is unlawful for any driver of a taxicab, while carrying passengers, to display the flag or device attached to such taximeter in such a position as to denote that such vehicle is for hire, or is not employed or to have such flag or other attached device in such a position as to prevent such taximeter from operating; and it is unlawful for any driver to throw such flag or other device of a taximeter into a position which causes such taximeter to record when such vehicle is not actually employed, or to fail to throw such flag or other device on such taximeter into a nonrecording position at the termination of each and every service; provided, however, the foregoing shall not apply to trips to or from points outside the City when the charge is fixed on a trip basis.
4. Charges. All charges for the transportation of passengers in taxicabs operated in the City shall be based on the charges indicated on such taximeters, and it is unlawful for any owner, driver or operator of any taxicab to charge any passenger any sum in excess of the sum indicated on the taximeter; provided, however, the foregoing shall not apply to trips to or from points outside the City when the charge is fixed on a trip basis.
5. Placing of Taximeter. The taximeter shall be placed in the taxicab so that the reading dial showing the amount to be charged shall be well lighted and readily discernible by the passenger riding in such taxicab unless such taximeter is equipped and operated as a receipt-printing taximeter.

(Ord. 385 §14(A), passed -- 1970)

5.16.150   TAXICAB AND RENT CAR RATES.

Prior to the operation of any vehicle under the provisions of this chapter, the owner shall file with the City Clerk, in duplicate, a complete rate schedule to be charged; and the City Clerk shall file a copy thereof with the Chief of Police and report to the City Council at its next regular meeting the rate schedule so filed. A changed rate schedule may be likewise filed from time to time by the owner. Such rate schedule shall be subject to modification at any time by resolution of the City Council after ten days notice and an opportunity for hearing before the City Council. The minimum and maximum rates or fares to be charged the public for taxicab service within the City shall be so fixed and established. No person operating, or in charge of, any taxicab or rent car within the City shall charge, receive or collect any different rate or fare for such taxicab or rent car service than that within such prescribed limits. Upon the adoption of any such resolution, the City Clerk shall immediately forward a certified copy thereof to all permittees within the City. (Ord. 385 §14(B), passed -- 1970)

5.16.160   TAXICAB AND RENT CAR EQUIPMENT AND DESIGN.

1. No vehicle shall, under the license to the owner, be operated as a taxicab or rent car unless it conforms with all of the provisions of this chapter.
2. Taximeters placed upon taxicabs, either in the first operation or to replace broken or faulty meters, shall not be operated more than 24 hours prior to being inspected, tested, approved and sealed by an authorized inspector appointed by the Chief of Police.
3. Each taxicab or rent car so licensed shall have on both sides and the rear of the vehicle the name of the owner, or name under which operated, the words "Fort Bragg," and the number assigned to such vehicle by the license collector. At the time of the issuance of a license for the operation of any vehicle, the license collector shall assign to and for that vehicle a number not in excess of the total number of licensed vehicles, shall keep a record of the number so assigned and shall file a copy of such record with the Chief of Police.
4. Each taxicab or rent car licensed to operate in the City shall have located in a convenient place in the driver's compartment, and in view of the passengers therein, two containers of a type and design approved by the Chief of Police. Such containers shall contain cards provided by the Chief of Police bearing the following information:
   1. One such container shall have a card therein bearing
      1. The name of the company to which the card is issued,
      2. The identification number issued for each individual taxicab or rent car licensed to operate in the City,
      3. The date of issuance and expiration, and
      4. The state license plate number and engine number of the taxicab or rent car displaying the same; and
   2. One such container shall bear the driver's license.

(Ord. 385 §14(C), passed -- 1970)

5.16.170   INSPECTIONS AND SANITATION.

1. Within twenty (20) days after filing an application for a license, the owner shall furnish the Chief of Police with a certificate from an approved auto mechanic. The certificate shall state that the brakes, lights and steering and running gears of each vehicle proposed to be licensed are in an operative and safe conditions.
2. The Chief of Police, or any member of the Police Department under his direction, shall have the right at any time after displaying proper identification to enter into or upon any licensed taxicab or rent car for the purpose of ascertaining whether or not any of the provisions of this chapter are being violated.
3. Any taxicab or rent car which is found, after any inspection, to be unsafe or in any way unsuitable for taxicab or rent car service shall be immediately ordered out of service; and, before again being placed in service, shall be placed in a safe condition, and the owner shall furnish the Chief of Police with a certificate from an approved auto mechanic or inspector stating that the condition has been corrected and that the vehicle is in an operative and safe condition.
4. The interior of every taxicab or rent car shall be thoroughly cleaned at least once in every 24 hours.

(Ord. 385 §14(D), passed -- 1970)

5.16.180   TAXICAB OR RENT CAR STANDS.

Permits may be issued to the permittee under this chapter allowing such vehicles, while awaiting employment, to stand in certain designated places upon the street. No permit shall be granted except upon the application of the person desiring such stand, filed with the City Manager, stating the number and kind of vehicles for which the permit is sought and the proposed location of such stand. The City Manager may grant permits upon the recommendation of the Traffic Safety Committee and the Chief of Police and subject to the approval of the first floor tenants of any building affected by the proposed stand. (Ord. 385 §14(E), passed -- 1970)

5.16.190   INSURANCE REQUIREMENTS.

Before any owner's permit shall be issued, the owner shall be required to file with the City Clerk, and thereafter keep in full force and effect, policies of insurance in such form as set forth in the City's Administrative Regulations as from time to time amended. (Ord. 872 §2, passed 8-25-2008)

5.16.200   LICENSE FEES.

License fees for taxicabs or rent cars shall be in the amount as established from time to time by resolution of the City Council. (Ord. 871 §11, passed 8-25-2008)

5.16.210   PERMIT FEES.

Before any license to operate a taxicab or rent car business is issued, the person commencing or operating such business shall have paid a permit fee in the amount as established from time to time by resolution of the City Council to cover the cost of processing the application. (Ord. 871 §12, passed 8-25-2008)

5.20.010   DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

     MOBILE UNIT or TRAILER.  A vehicle with or without its own motor power, designed for human habitation, recreation, or any other use, whether propelled by its own motor power or drawn by other power.

1. MOBILE UNITS or MOTOR RECREATION VEHICLES.  Are described in the above listed Cal. Vehicle Code and Cal. Health and Safety Code sections. They are motor driven vehicles which include, but are not limited to motor homes, motor coach, and recreational vehicle, driven by their own motor power.
2. TRAILER.  Any vehicle as described in Cal. Vehicle Code §§ 242, 387, 630, 635, 636, et al and/or depicted by definition in Cal. Health & Safety Code § 18010. This includes, but is not limited to the following vehicles: recreational trailer; pull trailer; fifth-wheel trailer; camp trailer; mobile home trailer; utility trailer; construction trailer; boat trailer; trailer coach; trailer bus; or any vehicle other than a motor vehicle designed for carrying persons or property on its own structure and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon any other vehicle.

(Ord. 383 §1, passed -- 1970; Am. Ord. 808, §1A, passed -- 1998)

5.20.020   LICENSING.

LICENSING, as used in this chapter, is the granting of a permit or license by the State of California for a trailer park or camp. (Ord. 383 §2, passed -- 1970)

5.20.030   LICENSED TRAILER CAMP.

A licensed trailer camp shall contain a minimum of five (5) trailer sites with each site to be a minimum size required by the laws of the State of California and the County of Mendocino. (Ord. 383 §3, passed -- 1970)

5.20.040   RESERVED.

5.20.050   RESERVED.

5.20.060   RESERVED.

5.20.070   RESERVED.

5.20.080   USE PERMIT.

No persons shall establish, construct, operate or maintain a licensed trailer camp within the City without first having obtained a use permit from the Planning Commission authorizing and allowing such use.  Other planning permits may be requried; consult with the Community Development Department for more details. (Ord. 875 §37, passed 8-25-2008)

5.20.090   APPLICATION FOR USE PERMIT.

Any person wishing to obtain a use permit for the purpose of establishing, constructing, operating or maintaining a licensed trailer park within the City shall apply to the Community Development Department, in writing, setting forth the location, size, legal description of the real property and general construction plans of the proposed trailer camp. (Ord. 383 §9, passed -- 1970; Am. Ord. 808 §1E, passed -- 1998)

5.20.100   HEARING ON USE PERMIT APPLICATION.

Upon receipt of an application for a use permit for a trailer camp, the, Community Development Department will set a public hearing on the application. The public hearing shall be advertised in a manner deemed to be sufficient to give notice to interested parties. (Ord. 383 §10, passed -- 1970; Am. Ord. 808 §1F, passed -- 1998)

5.20.110   CONFORMANCE REQUIRED.

A licensed trailer camp within the City must conform to all state and county requirements for the licensing of the camp, except as the same are altered or amended by this chapter. (Ord. 383 §11, passed -- 1970)

5.24.010   DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

     FLEA MARKET.  Any event which meets any or all of the following requirements:

1.  
   1. The place or location at which the event is held has been advertised by any means whatsoever as a place or location to which members of the public, during a specified period of time, may bring identifiable, tangible personal property and exhibit it for sale or exchange, including, but not limited to such activities commonly known as garage sales, rummage sales, and swap meets;
   2. A fee is charged, payable to the operator or organizer of the event either in the form of a charge for general admission to the place or location where the event is held or a charge for the privilege of exhibiting identifiable, tangible personal property at such event;
   3. The act or practice of carrying on the exchange, barter, trade, sale or purchase of identifiable, tangible personal property between persons not otherwise licensed to do so in the city, including, but not limited to such activities commonly known as garage sales, rummage sales, and swap meets.

(Ord. 452 §1, passed -- 1974)

5.24.020   PERMIT.

5.24.030   CONDITION ON OPERATOR'S PERMIT.

The Technical Advisory Committe may impose such conditions as it shall find reasonable in the circumstances upon the operator-permittee, said conditions to include, but not necessarily be limited to the following:

1. No permit shall be granted until the permittee produces satisfactory evidence to the Finance Director that a State Board of Equalization resale number has been obtained.
2. The applicant for a permit shall produce satisfactory evidence at the time of the application that adequate and sufficient parking will be provided and the Chief of Police shall make recommendation to the Technical Advisory Committee with respect to said parking.
3. The Technical Advisory Committee shall establish as a condition for the granting of said permit the days and hours during the day when said flea market may be conducted.
4. Prior to the granting of any permit hereunder, the applicant shall satisfy the Technical Advisory Committee that adequate provisions have been made for a cleanup and that a good state of housekeeping will be maintained.
5. No permit shall be granted to the applicant herein until such time as the fee for said permit hereinafter provided for has been paid.
6. As a condition to the granting of said permit, the Technical Advisory Committee may, upon the recommendation of the Chief of Police and Fire Chief, prohibit the sale or trade of flammable liquids, including, but not limited to gasoline, kerosene, acetone, thinners and solvents; ammunition and blasting agents; liquid petroleum gases or other combustible gases; any type of fireworks; acids, caustics or oxidizing agents.
7. No edible or perishable foods, merchandise, live animals or birds shall be offered for sale or trade unless the permit provided for herein so specifies. The applicant shall present evidence of approval of the County health officer with respect to County health requirements in connection with the sale of such items prior to granting the permit.
8. Applicant must present evidence of approval from the County health officer regarding sanitary facilities.
9. Operators and Vendors. The police department shall have the right to thoroughly inspect the premises where the activity is being conducted at any time during the hours of operation of the flea market, and all persons engaged in the flea market activity on such premises shall render to the police department such assistance as may be reasonably necessary for such inspection.
10. Operator must apply for and obtain a City business license.

(Ord. 875 §39, passed 8-25-2008)

5.24.040   VENDOR'S PERMIT.

Each vendor shall obtain a business license from the City's Finance Department.  The business license shall not be issued until:

1. A valid operator's permit has been obtained for the flea market in which the vendor is to participate.
2. All vendors shall be subject to the conditions, provisions and requirements of the operator's permit for the premises upon which the vendor is to participate.

(Ord. 875 §40, passed 8-25-2008)

5.24.050   FEES.

1. The fee for the granting of a permit herein to an operator shall be in an amount as established from time to time by resolution of the City Council.
2. The City Council may, in its absolute discretion exempt those organizations which it considers to be religious, charitable, educational or civic, from the requirements of operator's fees.

(Ord. 452 §5, passed -- 1974; Am. Ord. 871 §14, passed 8-25-2008)

5.24.060   GROUNDS FOR REVOCATION.

The permit granted under this chapter may be revoked or temporarily suspended after a hearing of the City Council for any of the following reasons:

1. The violation of this chapter or the conditions imposed hereunder;
2. Violation of any federal, state or local law or ordinance; and/or
3. Failure to bar any customer, participant or vendor who violates any federal, state or local law or ordinance.

(Ord. 452 §6, passed -- 1974)

5.24.070   RESPONSIBILITIES.

The operator of each flea market shall be responsible for compliance with the provisions of this chapter on the part of each of the vendors therein. (Ord. 452 §9, passed -- 1974)

5.24.080   EXCLUSIONS.

Flea markets are specifically excluded by this chapter from licensing under Ordinance 434 of the City, codified in Chapter 5.04, relating to City business licenses. (Ord. 452 §8, passed -- 1974)

5.24.090   PENALTY.

Any violation of this chapter may be penalized under Chapter 1.12 of this code in addition or in lieu of a revocation or suspension of this permit granted herein. (Ord. 874 §6, passed 8-25-2008)

5.28.010   PURPOSE OF PROVISIONS.

The ordinance codified in this chapter is adopted pursuant to Section 19 of Article IV of the California Constitution in order to make the game of bingo lawful under the terms and conditions of Article IV of the California Constitution and Cal. Penal Code § 326.5. It is the intention of this chapter that any person, organization, or corporation allowed by the California Constitution and the Legislature of the state to conduct a bingo game if licensed by municipal ordinance be allowed to do so if in compliance with state and federal law and the provisions of this chapter regulating bingo games. (Ord. 507 §2, passed -- 1978)

5.28.020   DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(Ord. 507 §3, passed -- 1978)

5.28.030   LICENSE - REQUIRED.

It is unlawful for any person or organization to conduct any game of bingo in the City except duly licensed organizations as defined by this chapter. (Ord. 507 §4, passed -- 1978)

5.28.040   LICENSE - TERM - FEES.

The term of a bingo license is up to six (6) months and may be renewed for a period of up to six (6) months anytime within one (1) year from its date of issuance, upon application therefor. The fee for a bingo license and renewal thereof shall be determined by resolution of the City Council. The appropriate fee shall accompany the submission of each application, is nonrefundable, and shall be used to defray the cost of the issuance of said license. (Ord. 477 §3(B), passed -- 1976.)

5.28.050   LICENSE - NONTRANSFERABILITY.

Each license issued under this chapter shall be issued only to an organization authorized to conduct bingo games as defined by Cal. Penal Code § 326.5. Such license is not transferable. (Ord. 507 §5, passed -- 1978)

5.28.060   LICENSE - APPLICATION - INVESTIGATION.

1. Application for license shall be made to the Director of Finance on the prescribed forms, and shall be filed not less than twenty days prior to the proposed date of the bingo game or games. Such application form shall require from the applicant at least the following:
   1. A list of all members who will operate the bingo game, including full names of each member and residence address;
   2. The date(s) and place(s) of the proposed bingo game or games;
   3. Proof that the organization is an organization authorized to conduct bingo games pursuant to Section 326.5 of the Penal Code.
2. Upon receipt of an application for a license, the Director of Finance may send copies of such application to any office or department which he/she deems essential in order to carry out a proper investigation of the applicant. The Chief of Police and every officer and/or department to which an application is referred shall investigate the truth of the matters set forth in the application and may examine the premises to be used for the bingo game. Upon approval of any application for a bingo license, the Director of Finance shall issue the license.

(Ord. 873 §4, passed 8-25-2008)

5.28.070   LICENSE - DENIAL, SUSPENSION, OR REVOCATION.

Procedures for denial, suspension or revocation of a license are as follows:

1. The Director of Finance may deny an application for a bingo license or suspend or revoke a license, if he/she finds the applicant or licensee or any agent or representative thereof has done any one of the following:
   1. Knowingly made any false, misleading, or fraudulent statement of a material fact in the application or in any record or report required to be filed under this chapter.
   2. Violated any of the provisions of this chapter.
2. If after investigation the Director of Finance determines that a bingo license should be suspended or revoked or an application for such license denied, he/she shall prepare a notice of suspension, revocation, or denial of application setting forth the reasons for such suspension, revocation, or denial of application. Such notice shall be sent by certified mail to the applicant's last address provided in the application or be personally delivered. Any organization who has had an application for a bingo license denied or a license suspended or revoked by the Director of Finance may appeal that decision in the manner provided in § 5.28.080.

(Ord. 873 §5, passed 8-25-2008)

5.28.080   LICENSE - APPEAL.

An appeal shall be filed and conducted as prescribed in this section.

1. Within fifteen (15) calendar days after the date of any denial, suspension, revocation, or other decision of the Director of Finance, an aggrieved party may appeal such action to the City Council by filing a written appeal briefly setting forth the reasons why such denial, suspension, revocation, or other decision is not proper.
2. Within ten (10) days of such written appeal, the City Council shall conduct a public hearing to determine if grounds for license denial, suspension, or revocation exist and may sustain, modify, or reverse the decision of the Director of Finance. The decision of the City Council shall be final.

(Ord. 873 §6, passed 8-25-2008)

5.28.090   OPERATION REGULATIONS.

1. An organization authorized to conduct bingo games as defined by Cal. Penal Code § 326.5 shall conduct a bingo game only on property owned or leased by it, and which property is used by such organization for an office or for the performance of the purposes for which the organization is organized.
2. No minors shall be allowed to participate in any bingo game.
3. All bingo games shall be open to the public and not limited to members of the organization authorized to conduct the bingo game.
4. A bingo game shall be operated and staffed only by members of an organization authorized to conduct bingo games as defined by Cal. Penal Code § 326.5 which organized said game. The members shall not receive a profit, wage, or salary from any bingo game. Only the organization authorized to conduct a bingo game shall operate such game or participate in the promotion, supervision, or any other phase of such game.
5. No individual, corporation, partnership, or other legal entity except the organization authorized to conduct a game shall hold a financial interest in the conduct of such bingo game.
6. All profits derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account; licensee shall retain for one year a full and complete financial statement of all moneys collected, disbursed, and the amount remaining for charitable purposes, which record shall be made available to the Director of Finance upon written request.
7. No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place in which the bingo game is being conducted.
8. The total value of prizes awarded during the conduct of any bingo games shall not exceed $250 in cash or kind, or both, for each separate game which is held.
9. No bingo game shall be conducted between the hours of 12:00 a.m. and 8:00 a.m.
10. Any peace officer of the City shall have free access to any bingo game licensed under this chapter. The licensee shall have the bingo license and lists of approved staff available for inspection at all times during any bingo game.

(Ord. 507 §8, passed -- 1978; Am. Ord. 873 §7, passed 8-25-2008)

5.28.100   VIOLATIONS AND PENALTIES.

1. It is unlawful for any person to receive a profit, wage, or salary from any bingo game authorized by this chapter.
2. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable as provided in Chapter 1.12.

(Ord. 477 §7, passed -- 1976; Am. Ord. 874 §7, passed 8-25-2008)

5.28.110   SEVERABILITY.

If any provision, clause, sentence, or paragraph of the ordinance codified in this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions or applications of the provisions of the ordinance codified in this chapter and the same shall remain in full force and effect. (Ord. 477 §8, passed -- 1976)

5.32.010   PERMIT - ISSUANCE AUTHORITY.

The City Manager shall be authorized to issue permits with Technical Advisory Committee approval allowing the display and sale of articles on public property for limited periods of time in connection with street fairs, sidewalk sales, sales promotion campaigns or other similar promotion campaigns conducted by individual merchants, the Chamber of Commerce, Downtown Improvement Board, service organizations or nonprofit organizations within the City. The City Manager may regulate the conditions of display of the merchandise including, but not limited to, the hours of display and the location thereof.  Sidewalk sales not conducted downtown may require a limited term permit.  (Ord. 875 §41, passed 8-25-2008)

5.32.020   PERMIT - COSTS - APPLICATION FILING AND FEE.

The cost of a permit to be issued pursuant to this chapter and application and appeal fees shall be set by City Council resolution. An application for a permit shall be filed with the Community Development Department together with the application fee, as established by City Council resolution.

1. Applications; Generally.  The application shall list the dates of the event, including any extended set up/take down dates beyond the dates of event itself. The application shall contain a listing of all participating merchants and a diagram indicating the location of displays. The city must receive the application no later than three weeks prior to the date of the event.
2. Applications; State right-of-way.  Applicants must obtain a Caltrans encroachment permit for events within the state right-of-way along Main Street (State Route #1).  In the case of each event, in addition to the requirements as set forth in this chapter, individual merchants, the Chamber of Commerce, Downtown Improvement Board, or service and nonprofit organizations need to supply the City with the following:
   
   1. The completed application listing the dates of the event, including any extended set up/take down dates beyond the dates of event itself. The application shall contain a listing of all participating merchants and a diagram indicating the location of displays. The City must receive the application no later than sixty (60) days prior to the date of the event.
   2. Merchants, Chamber of Commerce, the Downtown Improvement Board, service organizations or nonprofit organizations, individually or as a group, shall execute a hold harmless agreement holding both the City and the state harmless against any and all claims arising out of the event.

(Ord. 519 §4, passed -- 1979; Am. Ord. 695 §2, passed -- 1989; Am. Ord. 701 §5, passed -- 1989; Am. Ord. 816 §3, passed -- 1999; Am. Ord. 875 §42, passed 8-25-2008)

5.32.030   PERMIT - CONDITION OF ISSUANCE.

No permit shall be issued pursuant to this chapter if, in the opinion of the Technical Advisory Committee ("TAC"), theproposed sale or promotion would constitute an unreasonable safety or traffic hazard. (Ord. 519 §5, passed -- 1979; Am. Ord. 816 §3, passed -- 1999)

5.32.040   PERMIT - LIABILITY INSURANCE REQUIREMENTS.

No permit shall be issued pursuant to this chapter until the applicant for such permit has filed with the City Clerk evidence of insurance as set forth in the City's Administrative Regulations as from time to time amended. (Ord. 872 §3, passed 8-25-2008)

5.32.050   APPEAL PROCEDURE.

The decision of the City Manager or Technical Advisory Committee denying a permit under this chapter may be appealed by the applicant to the City Council within ten (10) days of the date the decision is mailed to the applicant. Upon filing of an appeal in proper form with the required fee, the City Clerk shall set the appeal for the next regularly scheduled City Council meeting. The City Council shall have thirty (30) days from the date the appeal is filed to grant or deny the appeal. If the appeal is successful, the City Council may, by motion, refund the appeal fee to the applicant. The decision of the City Council is final. (Ord. 519 §7, passed -- 1979; Am. Ord. 816 §3, passed -- 1999)

5.32.060   VIOLATION - PENALTY.

Violations of this chapter are declared to be infractions, and upon conviction thereof shall be punishable as provided in Chapter 1.12.  (Ord. 874 §8, passed 8-25-2008)

5.32.070   VIOLATION - CITATION ISSUANCE AUTHORITY.

The Chief of Police or his/her authorized representative of the City shall have the authority to issue citations for violations of this chapter in the manner set forth in Chapter 1.12. (Ord. 874 §9, passed 8-25-2008)

5.36.010   PURPOSE.

Numerous false alarms have created a danger to public safety and a burden on law enforcement services in the City. It is the purpose of this chapter to regulate false and nuisance alarm use within the City limits. (Ord. 525 §1, passed -- 1979.)

5.36.020   DEFINITIONS.

For the purposes of this chapter, the following definitons shall apply unless the context clearly indicates or requires a different meaning.

      ALARM AGENT.  Any person who is hired by an alarm business as an agent or employee to sell, lease, maintain, service, repair, alter, replace, remove or install any response alarm system in or on any building, place or premises.
     ALARM BUSINESS.  Any business which is engaged in the selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any response alarm system in any building, place or premises.
     ALARM SYSTEM.  Means:

1. Any device designed for the detection of an unauthorized entry on or into any building, place or premise, or for the alerting of others of the existence of an emergency situation, or of the commission of an unlawful act, which when activated emits a sound or transmits a signal or message, and which directly or indirectly initiates or causes a response by the police; or
2. Any device designed for the detection of fire or smoke in any building which initiates a signal or message, and which directly or indirectly initiates or causes a response by the fire department.

(Ord. 525 §2, passed -- 1979; Am. Ord. 870 §10, passed 8-25-2008)

5.36.030   ALARM SYSTEM REGISTRATION.

1. No alarm user shall activate any new alarm system installed after the effective date of the ordinance codified in this chapter, in any incorporated area of the City, without registering that alarm system with the Chief of Police at least 24 hours before the system is activated. Alarm systems installed in emergency situations for temporary use not to exceed 30 days may be registered at any time prior to activation.
2. The alarm user who registers the alarm system shall provide the following information to the Chief of Police in writing:
   1. The name, address and telephone number of the alarm user;
   2. The name, address and telephone number of the alarm business installing the alarm, if any;
   3. A description of the premises or area protected by the alarm system including the location of doors, windows, and areas protected by the alarm system within the premises;
   4. A list of phone numbers and addresses of all people responsible for security of the premises, who have authorized access to the premises and to the alarm system controls;
   5. The name, address and telephone number of the place of business where the alarm terminates, if not at the Police Department.
3. The alarm user shall notify the Chief of Police in writing within ten days of any changes in registration information.
4. Users of alarm systems installed prior to the enactment of the ordinance codified in this chapter which are not registered with the Chief of Police, shall have thirty (30) days in which to register their alarm systems after notification of the registration requirements by the Chief of Police.
5. Failure of any alarm user to register any alarm system as set forth in this section shall be grounds for nonresponse by the Police Department, Fire Department or other emergency unit of the City to any signal from that alarm system, until the alarm system is registered if, in the opinion of the watch commander then on duty, available police, fire or other emergency units are not available to respond to an unregistered alarm, taking into consideration their other duties existing at that time.

(Ord. 525 §3, passed -- 1979)

5.36.040   ALARM AGENT REGISTRATION.

Any alarm agent, as defined in this chapter, shall register with the Chief of Police or Fire Chief prior to acting as an alarm agent. Registration shall be on a form provided by the Chief of Police or Fire Chief and shall contain such information as he or she shall require, for the purpose of confirming that that alarm agent's identity and qualifications conform with the requirements of Cal. Business and Professions Code § 7590 et seq. No fee shall be charged for such registration. (Ord. 525 §8, passed -- 1979)

5.36.050   ALARM BUSINESS REGISTRATION CERTIFICATE.

An alarm business owner or manager shall obtain an alarm business registration certificate from the Chief of Police or Fire Chief. The certificate shall be on a form provided by the Chief of Police or Fire Chief and shall contain such information as he or she shall require for the purpose of confirming that the alarm company holds the licenses and permits required by the Cal. Business and Professions Code. No fee shall be charged for this registration. (Ord. 525 §10, passed -- 1979)

5.36.060   ALARM BUSINESS LICENSE.

The Director of Finance shall not issue a business license for any alarm business, as described in subsection B of § 5.36.020, who does not possess a current and valid City alarm business registration certificate issued by the Chief of Police or Fire Chief. (Ord. 873 §8, passed 8-25-2008)

5.36.070   FALSE ALARM REGULATIONS.

1. Public safety and safety of peace officers and firefighters require that any alarm system causing false alarms be corrected immediately. In the case of fire and smoke alarms, the Fire Chief shall make the determination whether or not response shall be terminated and shall have the same duties, responsibilities and discretion as the Chief of Police would have with regard to other alarms as set forth in this chapter.
2. The maximum allowable number of false alarms reported by any alarm system shall be five (5) per calendar year.
3. After the second false alarm response in any calendar year, the Chief of Police shall notify the alarm system user of the violation and the consequences of the action by the Chief of Police as set forth in this chapter. The notification by the Chief of Police may require written proof be furnished the Chief of Police within ten (10) calendar days by the alarm user that the problem causing the false alarms has been corrected. The notification by the Chief of Police shall advise the alarm user in writing of the fee schedule for false alarms.
4. Failure to provide proof of correction within the ten (10)-day period provided for in subsection C of this section may be grounds, at the discretion of the Chief of Police, for nonresponse to a signal from the alarm system until proof of correction is received from the alarm user.
5. After a third false alarm in any calendar year, the alarm user shall pay the City a false alarm fee in an amount as established from time to time by resolution of the City Council. After a fourth false alarm in any calendar year, the alarm user shall pay the City an additional false alarm fee. After a fifth false alarm in any calendar year, the alarm user shall pay the City a third false alarm fee.
6. After the fifth false alarm response to an alarm system in any calendar year, the Chief of Police and/or the City Manager will notify the alarm user in writing to show cause why the subject alarm should not be disconnected. The Chief of Police and/or the City Manager shall make the determination whether or not the subject alarm users service shall be terminated.
7. If service to an alarm user is terminated, the alarm user will be notified of such fact in writing at the alarm user's last known address as shown by the City's records prior to termination of response by the City.
8. In any case where response to an alarm system is terminated, a former alarm system user may apply to the Chief of Police for reinstatement of service (response to an alarm system) upon posting a cash or corporate surety bond with the City Clerk in an amount as established from time to time by resolution of the City Council.

(Ord. 525 §4, passed -- 1979; Am. Ord. 620, passed -- 1984; Am. Ord. 871 §15, passed 8-25-2008)

5.36.080   AUDIBLE ALARM SYSTEM REGULATIONS.

1. No person shall install an audible alarm system without a mechanical, electronic or other device which will shut off the audible sound of the alarm system after a period of not more than 30 minutes.
2. Any audible alarm system installed prior to enactment of the ordinance codified in this chapter shall be modified to include automatic shutoff of the audible sound of the alarm as described in this section, within 30 days after the alarm user is notified to do so by the Chief of Police or Fire Chief.

(Ord. 525 §5, passed -- 1979)

5.36.090   ALARMS TERMINATING AT POLICE DEPARTMENT - FEES.

Any alarm system with termination or notification equipment installed in the Police Department or Fire Department where that equipment is monitored by City personnel shall be subject to an annual fee as established from time to time by resolution of the City Council for such service. This fee will be payable in January of each calendar year, beginning in January of 1980. Failure to pay this fee will result in disconnection of service after notification by the Chief of Police or Fire Chief and a ten (10)-day grace period to pay such delinquent fee. (Ord. 871 §16, passed 8-25-2008)

5.36.100   AUTOMATIC CALLING DEVICES.

No person shall by means of any mechanical device call and deliver a recorded message to any telephone number which terminates at the Fort Bragg Police Department or Fort Bragg Fire Department. A person shall be deemed guilty of a separate offense for each call made in violation of this section. (Ord. 525 §7, passed -- 1979)

5.36.110   VIOLATION DEEMED INFRACTION - PENALTY.-

1. Violations of this chapter are declared to be infractions, and upon conviction thereof shall be punishable as provided in Chapter 1.12. 
2. The Chief of Police and his subordinate police sergeants and officers shall be responsible for the issuance of citations for violations of this chapter of the municipal code.

(Ord. 525 §11, passed -- 1979; Am. Ord. 874 §10, passed 8-25-2008)

5.38.010   TITLE.

This chapter shall be known as, and may be referred to in all proceedings as, the Film Permit Ordinance. (Ord. 667 §1 (part), passed -- 1986)

5.38.020   PURPOSES AND AUTHORITY.

This chapter is enacted pursuant to California Constitution, Article 11, Section 7, for the purpose of regulating the making of movies by movie production companies in the City, upon City streets, on property, or in buildings owned by the City. (Ord. 667 §1 (part), passed -- 1986)

5.38.030   DEFINITIONS.

 For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

     FORT BRAGG FILM PERMIT.  A permit issued by the City on a form setting forth standard conditions approved by the City Council and other such reasonable conditions as may be required by the particular circumstances involved.

     MAKING OF MOVIES.  The filming, videotaping, or photographing for commercial purposes, of movies, films, commercials, or television programs on the City streets, on land, or in buildings owned by the City.

     MOVIE PRODUCTION COMPANY.  Any corporation, partnership or individual engaged in the "making of movies" for a profit.

     NEWS MEDIA.  The filming or videotaping for the purpose of spontaneous unplanned television news broadcast by reporters, photographers or cameramen.

     STUDENT.  An applicant who has submitted a letter written on school letterhead by a school administrator or instructor stating that the applicant is currently enrolled in a recognized United States educational institution and the film is not a commercial release and, who agrees, in writing, to pay the City/county all waived fees in the event the film is used for commercial purposes.

(Ord. 667 §1 (part), passed -- 1986; Am. Ord. 870 §11, passed 8-25-2008)

5.38.040   PERMIT REQUIREMENTS.

1. It shall be unlawful for any movie production company to engage in the making of movies on City streets, on land, or in buildings owned by the City without first obtaining a Fort Bragg Film Permit.
2. The Movie Production Company shall be responsible for obtaining permits from any other governmental agency having special requirements for filming on facilities under their control (i.e. Caltrans).
3. This chapter shall not apply to the following:
   1. The filming, videotaping or production of current news which includes reporters, photographers, cameramen employed by a newspaper, news services, broadcasting stations or similar entities engaged in news events.
   2. The filming or videotaping of motion pictures solely for private family use.

(Ord. 667 §1 (part), passed -- 1986; Am. Ord. 670 §1, passed -- 1986)

5.38.050   ADMINISTRATION.

The office of the City Clerk shall administer these provisions. That office shall issue blank permit forms, review completed forms, and require application for other permits, when deemed necessary. Such other application are to be processed in the normal fashion established by the concerned agencies, except that the granting of any such permit shall be conditional upon the granting of the related film permit. Applications for movie film permits may be denied when the City finds that the imposition of reasonable conditions upon the making of movies will not prevent substantial disruption of traffic or City government activity or property, the creation of traffic hazards, damage to the environment, or unacceptable zoning violations. Applications to use City property or buildings or portions thereof, or equipment not normally open or available to the public may be denied at the discretion of the City. Permit applications may be reviewed by the Technical Advisory Committee, at the direction of the City Clerk or Director of Public Works. The City Clerk shall be the permit approval authority. The Technical Advisory Committee may attach such conditions as it may deem appropriate for the protection of public safety in approving such permits. (Ord. 667 §1 (part), passed -- 1986; Am. Ord. 816 §4, passed -- 1999)

5.38.060   FEES.

1. A fee for the processing of an application for a City film permit shall be collected at the time the application is filed, and prior to its being processed. The fee shall be in the amount established by resolution of the City Council.
2. A fee for rental or use of City buildings, parks, streets, or other City owned property shall be collected prior to the issuance of a permit. The fees shall be in the amount established by resolution of the City Council.
3. A miscellaneous cash bond account shall be established for all required personnel wages. The City shall debit this account for required public personnel charges and provide an accounting of such charges to the applicant. The City Council shall set the personnel rates by resolution.
4. The City Manager may waive the above fee requirements for the following activities:
   1. Application for public access and local origination programs over cable television systems franchised within the City.
   2. The filming or videotaping of motion pictures for use in a criminal investigation or civil proceeding.
   3. The filming or videotaping of motion pictures by students, educational institutions and other governmental agencies for noncommercial benefit.

(Ord. 667 §1 (part), passed -- 1986)

5.38.070   INSURANCE.

1. Liability. All permittees shall name the City and its officers and employees as an "additional named insured" on insurance policies in the amounts and form prescribed by the City Clerk. No production activity shall commence until such time as the insurance requirements imposed as a condition of permit are met to the satisfaction of the City Clerk.
2. Workers' Compensation. An applicant shall conform to all applicable federal and state requirements for workers' compensation insurance for all persons operating under a permit.
3. Hold Harmless Agreement. An applicant shall execute a hold harmless agreement as provided by the City prior to the issuance of a permit under this ordinance.
4. Faithful Performance Bond. To ensure cleanup and restoration of the site, an applicant may be required to post a refundable faithful performance bond (amount to be determined) at the time application is submitted. Upon completion of filming and inspection of the site by the City, the bond may be returned to the applicant.

(Ord. 667 §1 (part), passed -- 1986)

5.38.080   CLEANUP.

An applicant shall conduct operations in an orderly fashion with continuous attention to the storage of equipment not in use and the cleanup of trash and debris. The area used shall be cleaned of trash and debris in a timely manner upon completion of shooting at the scene and restored to the original condition before leaving the site. (Ord. 667 §1 (part), passed -- 1986)

5.38.090   TRAFFIC CONTROL.

For filming that would impair traffic flow, an applicant must use City law enforcement personnel or, if authorized by the Chief of Police, the California Highway Patrol, and comply with all traffic control requirements deemed necessary.

1. An applicant shall furnish and install advance warning signs and any other traffic control devices in conformance with the Manual of Traffic Controls, State of California, Department of Transportation. All appropriate safety precautions must be taken.
2. Traffic may be restricted to one (1) twelve-foot lane of traffic and/or stopped intermittently. The period of time that traffic may be restricted will be determined by the Chief of Police.
3. Traffic shall not be detoured across a double line without prior approval of the Chief of Police.
4. Unless authorized by the Chief of Police, all camera cars must be driven in the direction of traffic and must observe all traffic laws.
5. Any emergency road work or construction by City or state crews and/or private contractors under permit or contract to the City or state, shall have priority over filming activities.

(Ord. 667 §1 (part), passed -- 1986)

5.38.100   PENALTIES.

Any person or movie production company who violates any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punishable as provided in Chapter 1.12.  (Ord. 874 §11, passed 8-25-2008)

Statutory reference - Chapter 5.04:

Provisions authorizing cities to license business in the exercise of the police power and for purposes of regulation, see Cal. Business and Professions Code §§ 16000 through 16003.

Provisions authorizing cities to license for revenue and regulation purposes, see Cal. Government Code § 37101.

Statutory reference - Chapter 5.16:

Provisions allowing local authorities, within the reasonable exercises of their police power, to license and regulate the operation of any vehicle for hire and the drivers of passenger vehicles for hire, see Cal. Vehicle Code §16501.

Provisions regarding financial responsibility, see Cal. Vehicle Code §§ 16500 et seq.

Mobile Home Parks Act, see Cal. Health and Safety Code §§ 18200 et seq.