Chapter 18 BUSINESSES AND BUSINESS REGULATIONS*
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*Cross references: Amusements and entertainments, ch. 6; food, § 38-101 et seq.; oil and gas wells, ch. 70; sidewalk cafes, § 90-161 et seq.; building line setbacks, § 90-281 et seq.; moving of buildings, § 90-311 et seq.; taxation, ch. 98; hotel transient occupancy tax, § 98-121 et seq.; telecommunications, ch. 102; utilities, ch. 110; vehicles for hire, ch. 118; NC Neighborhood Commercial District, § 122-491 et seq.; SC Service Commercial District, § 122-521 et seq.; SLI Special Light Industrial District, § 122-551 et seq.; DBD Downtown Business District, § 122-571 et seq.; LI Light Industrial District, § 122-601 et seq.; PI Planned Industrial District, § 122-631 et seq.; adult entertainment businesses, § 122-901 et seq.; antennas and wireless communications facilities, § 122-981 et seq.
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Article I. In General
Secs. 18-1--18-30. Reserved.
Article II. Business Licenses
Sec. 18-31. Definitions.
Sec. 18-32. Article intended as revenue measure.
Sec. 18-33. Effect of article on other Code sections and ordinances.
Sec. 18-34. License required.
Sec. 18-35. License tax imposed.
Sec. 18-36. Branch establishments.
Sec. 18-37. Evidence of doing business.
Sec. 18-38. Constitutional apportionment of tax.
Sec. 18-39. Exemptions.
Sec. 18-40. Charitable and nonprofit organizations.
Sec. 18-41. Contents of license.
Sec. 18-42. Application for first license.
Sec. 18-43. Application for renewal license.
Sec. 18-44. Verification of statements and records.
Sec. 18-45. Confidentiality of information.
Sec. 18-46. Failure to file statement or corrected statement.
Sec. 18-47. Appeal.
Sec. 18-48. Authority of collector to extend time for filing.
Sec. 18-49. Transfer of license: change of location or ownership of business.
Sec. 18-50. Duplicate license.
Sec. 18-51. Posting and keeping licenses.
Sec. 18-52. Due date for payment of tax.
Sec. 18-53. Delinquent taxes; penalty for late payment.
Sec. 18-54. License tax a debt.
Sec. 18-55. Refunds of overpayment of tax.
Sec. 18-56. Gross receipts tax schedule.
Sec. 18-57. Flat rate tax schedule.
Sec. 18-58. Reduction of tax for carnivals and similar shows; tax on craft fairs and flea markets.
Sec. 18-59. Annual tax rate escalation.
Sec. 18-60. Authority to make additional rules and regulations.
Sec. 18-61. Enforcement.
Sec. 18-62. Remedies cumulative.
Sec. 18-63. Penalty for violations.
Sec. 18-64. Severability.
Sec. 18-65. Effective date of tax.
Secs. 18-66--18-90. Reserved.
Article III. Alarms, Alarm Companies, and Alarm Systems
Sec. 18-91. Definitions.
Sec. 18-92. Alarm company requirements.
Sec. 18-93. Alarm use permit required; issuance.
Sec. 18-94. Revocation and reissuance of alarm use permit.
Sec. 18-95. False alarm service charges.
Sec. 18-96. Backup power supply for alarm systems.
Sec. 18-97. Prohibited systems and uses.
Sec. 18-98. Appeal.
Sec. 18-99. Liability limitation.
Sec. 18-100. Penalties.
Secs. 18-101--18-120. Reserved.
Article IV. Escort Bureaus and Introductory Services
Sec. 18-121. Purpose.
Sec. 18-122. Definitions.
Sec. 18-123. Escort bureau or introductory service permit.
Sec. 18-124. Age requirement for escorts.
Sec. 18-125. Escort permit.
Sec. 18-126. Providing services to person under 18 years of age.
Sec. 18-127. Suspension or revocation of permit.
Sec. 18-128. Violations declared nuisance.
Sec. 18-129. Penalty.
Sec. 18-130. Applicability of regulations to existing businesses.
Secs. 18-131--18-150. Reserved.
Article V. Film Permits
Sec. 18-151. Purpose and scope.
Sec. 18-152. Definitions.
Sec. 18-153. Designation and duties of city representative to film industry.
Sec. 18-154. Time period for granting permit; period of validity.
Sec. 18-155. Fees.
Sec. 18-156. Application/permit form.
Sec. 18-157. Notification of property owners and residents.
Sec. 18-158. Distribution of regulations.
Secs. 18-159--18-180. Reserved.
Article VI. Fortunetelling
Sec. 18-181. Definitions.
Sec. 18-182. Posting of information and fees; regulation of fees.
Sec. 18-183. Accepting money other than lawful fees.
Sec. 18-184. Exceptions.
Sec. 18-185. Compliance with planning and zoning requirements.
Secs. 18-186--18-210. Reserved.
Article VII. Going Out of Business Sales, Removal of Business Sales, and Fire and Other Altered Goods Sales
Sec. 18-211. Definitions.
Sec. 18-212. License required.
Sec. 18-213. Applicability of article; eligibility for license.
Sec. 18-214. Application for license; license fee.
Sec. 18-215. Effect of license; conditions; renewal.
Sec. 18-216. Duties of licensee.
Secs. 18-217--18-240. Reserved.
Article VIII. Hotels, Motels, and Roominghouses
Sec. 18-241. Register of guests required; use of rooms for immoral or illegal purpose.
Sec. 18-242. Inspection of register and premises by police.
Secs. 18-243--18-270. Reserved.
Article IX. Massage Establishments, Out-Call Massage Therapy, and Massage Therapy Technicians
Sec. 18-271. Findings and purpose.
Sec. 18-272. Definitions.
Sec. 18-273. Permit required.
Sec. 18-274. Permit exemptions.
Sec. 18-275. Educational, certification, and association requirements.
Sec. 18-276. Massage Therapy Technician examination.
Sec. 18-277. Massage establishment permit application fee.
Sec. 18-278. Massage Therapy Technician permit application and fee.
Sec. 18-279. Application review.
Sec. 18-280. Permit issuance or denial.
Sec. 18-281. Disqualifying conduct.
Sec. 18-282. Hearing on denial of permit.
Sec. 18-283. Appeal of denial of permit.
Sec. 18-284. Grounds for suspension or revocation of permit.
Sec. 18-285. Hearing on suspension or revocation of permit.
Sec. 18-286. Burden of proof.
Sec. 18-287. Appeal of suspension or revocation of permit.
Sec. 18-288. Minimum age requirement.
Sec. 18-289. Permits non-assignable.
Sec. 18-290. Change of name or location, expansion of building.
Sec. 18-291. Display of permit.
Sec. 18-292. Facilities and operating requirements.
Sec. 18-293. Responsibility of employer.
Sec. 18-294. Out-call massage therapy permit.
Sec. 18-295. Permit duration and renewal.
Sec. 18-296. Applicability to existing businesses.
Sec. 18-297. Cease of business.
Sec. 18-298. Inspection.
Sec. 18-299. Enforcement.
Sec. 18-300. Severability.
Secs. 18-301--18-320. Reserved.
Article X. Secondhand Dealers
Sec. 18-321. Purpose.
Sec. 18-322. Definitions.
Sec. 18-323. Reporting requirements.
Sec. 18-324. Identification requirements.
Sec. 18-325. Evidence of authority to sell property.
Sec. 18-326. Retention and inspection of secondhand property.
Sec. 18-327. Receiving secondhand property from certain persons prohibited.
Sec. 18-328. Violations; penalties.
Sec. 18-329. Reserved.
Article XI. Medical Marijuana Dispensaries
Sec. 18-330. Definitions.
Sec. 18-331. Medical Marijuana Dispensary as a Prohibited Use.
Secs. 18-332--18-440. Reserved.
Article XII. Solicitors and Peddlers
Sec. 18-441. Definitions.
Sec. 18-442. Permit requirements and exemptions.
Sec. 18-443. Permit for sponsoring juvenile peddlers.
Sec. 18-444. Permit application.
Sec. 18-445. Fees.
Sec. 18-446. Application review and permit issuance.
Sec. 18-447. Denial of permit.
Sec. 18-448. Permit expiration.
Sec. 18-449. Permit exhibition.
Sec. 18-450. Transfer prohibited.
Sec. 18-451. Entry upon signed premises unlawful.
Sec. 18-452. Hours of solicitation.
Sec. 18-453. Permit revocation and temporary suspension.
Sec. 18-454. Notice and hearing.
Sec. 18-455. Appeals.
Sec. 18-456. Claims of exemption.
Sec. 18-457. Violations and penalty.
Sec. 18-458. Conflicting ordinances repealed.
Sec. 18-459. Severability.
ARTICLE I. IN GENERAL
Secs. 18-1--18-30. Reserved.
ARTICLE II. BUSINESS LICENSES*
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*Cross references: Business license for carnivals, circuses, fairs, and amusement places, § 6-169.
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Sec. 18-31. Definitions.
For purposes of this article, the following definitions shall apply:
(Code 1965, § 6100; Ord. No. 836)
Business. Includes professions, trades, and occupations and all and every kind of calling, whether or not carried on for profit.
(Code 1965, § 6100; Ord. No. 836)
Collector. The Finance Director or other city officer charged with the administration of this article.
(Code 1965, § 6100; Ord. No. 836)
Employee. All persons engaged in the operation or conduct of any business in the city, whether as owner, member of the owner's family, partner, employee, agent, manager, or solicitor, and any and all other persons working in said business. In addition, for the purpose of this article, "employee" shall be any person who works for and receives a salary or wage from which deduction for federal withholding tax, state unemployment insurance, state disability insurance, or Federal Insurance Compensation Act (FICA) funds have been withheld.
(Code 1965, § 6100; Ord. No. 836; Ord. No. 1135)
Gross receipts. Includes the total of amounts actually received or receivable from sales and the total amounts 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" shall be all receipts, cash, credits, and property of any kind or nature without deduction 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. Included as "gross receipts" shall be those moneys received by every person engaged in the business of renting commercial and/or industrial real property, whether improved or unimproved, as an owner leasing to another person or as a lessee or sublessee subleasing to another person. These moneys apply whether received from private individuals or government agencies. Excluded from "gross receipts" are the following:
(Code 1965, § 6100; Ord. No. 836; Ord. No. 1135)
(1) Cash discounts allowed and taken on sales;
(Code 1965, § 6100; Ord. No. 836)
(2) Credit allowed on property accepted as part of the purchase price and which property may later be sold;
(Code 1965, § 6100; Ord. No. 836)
(3) Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser;
(Code 1965, § 6100; Ord. No. 836)
(4) Such 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;
(Code 1965, § 6100; Ord. No. 836)
(5) Amounts collected for others where the business is acting as an agent or trustee to the extent that such amounts are paid to those for whom collected, provided the agent or trustee furnishes the collector with the names and addresses of the others and the amounts paid to them;
(Code 1965, § 6100; Ord. No. 836)
(6) Receipts of refundable deposits, except that refundable deposits forfeited and taken into income of the business are not excluded;
(Code 1965, § 6100; Ord. No. 836)
(7) As to a real estate agent or broker, the sales price of real estate sold for the account of others, except that portion which represents commission, payment, or income to the agent or broker.
(Code 1965, § 6100; Ord. No. 836)
Person. Includes a person, individual, corporation, association, syndicate, joint stock corporation, partnership, club, group, business, or society, whether foreign or domestic, other than an employee.
(Code 1965, § 6100; Ord. No. 836)
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 property; and a transaction whereby the possession of property is transferred and the seller retains title as security for the payment of the price. This definition does not exclude any transaction which results in a sale within the contemplation of law.
(Code 1965, § 6100; Ord. No. 836)
Solicitor. A person who travels by foot, wagon, vehicle, or other conveyance, from place to place, from house to house, or from street to street, taking or attempting to take orders for the sale of goods, or personal property of any kind, for future delivery, or for services to be furnished or performed in the future. "Solicitor" includes a person who hires, leases, uses, or occupies a building, structure, room, automotive vehicle, or other place within the city for the sole purpose of exhibiting samples and taking orders for future deliveries.
(Code 1965, § 6100; Ord. No. 836)
Sworn statement. An affidavit or a declaration or certification made under penalty of perjury.
(Code 1965, § 6100; Ord. No. 836)
Vendor. A person who sells, or offers to sell, any type of merchandise at any location other than a building or structure constructed on a permanent foundation which is rented, leased, or owned by that person. "Vendor" includes, but is not limited to, "hawker," "peddler," "street merchant," and "huckster."
(Code 1965, § 6100; Ord. No. 836; Ord. No. 85-30)
Cross references: Definitions generally, § 1-10.
Sec. 18-32. Article intended as revenue measure.
This article is enacted solely to raise revenue for municipal purposes and is not intended for regulation.
(Code 1965, § 6101; Ord. No. 836)
Sec. 18-33. Effect of article on other Code sections and ordinances.
Persons required to pay a license tax for transacting business under this article are not relieved or excused from the payment of any other license or tax that may be required under any other Code sections or ordinance of the city and shall remain subject to the regulatory provisions of other Code sections and ordinances.
(Code 1965, § 6102; Ord. No. 836)
Sec. 18-34. License required.
(a) It shall be 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 said city so to do and paying the tax hereinafter prescribed or without complying with any and all applicable provisions of this article.
(Code 1965, § 6103; Ord. No. 836; Ord. No. 1135)
(b) In addition to being liable for the payment of the basic license fee, an additional premium of 50 percent of the basic fee or $25.00 maximum shall be due from any person who knowingly engages in business without first obtaining a business license. For failure to obtain a business license within 15 days of notice, the business shall be immediately subject to all the penalty provisions of section 18-53 of this article.
(Code 1965, § 6103; Ord. No. 836; Ord. No. 1135)
Sec. 18-35. License tax imposed.
There are hereby imposed, upon the businesses, trades, professions, callings, and occupations specified in this article, license taxes in the amounts hereinafter prescribed.
(Code 1965, § 6104; Ord. No. 836)
Sec. 18-36. Branch establishments.
(a) 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 designed in such license; provided that warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this article shall not be deemed to be separate places of business or branch establishments.
(Code 1965, § 6105; Ord. No. 836)
(b) 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 on all gross receipts of the businesses under the schedule that applies to the type of business of such person which requires the highest percentage payment on such gross receipts, except that a license fee of $25.00 for each additional branch or location shall be paid upon issuance.
(Code 1965, § 6105; Ord. No. 836)
Sec. 18-37. Evidence of doing business.
When any person shall, by use of signs, circulars, cards, telephone book, 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 a 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.
(Code 1965, § 6106; Ord. No. 836)
Sec. 18-38. Constitutional apportionment of tax.
(a) None of the license taxes provided for by this article 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.
(Code 1965, § 6107; Ord. No. 836)
(b) 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 any 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 the 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, may fix as the license tax for the applicant a lesser amount that is reasonable and nondiscriminatory or, if the license tax has already been paid, may order a partial 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 article. 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 the applicant's business in the city or at the end of each three-month period, a sworn statement of the gross receipts and pay the amount of the license tax therefor, provided that no additional license tax during any one calendar year shall be required after the licensee shall have paid an amount equal to the annual license tax as prescribed in this article.
(Code 1965, § 6107; Ord. No. 836)
Sec. 18-39. Exemptions.
(a) Nothing in this article 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 from the payment of such taxes as are herein prescribed.
(Code 1965, § 6108; Ord. No. 836; Ord. No. 1135)
(b) Any person claiming an exemption pursuant to this section shall file a sworn statement with the collector stating the law and facts upon which exemption is claimed, and, in the absence of such statement substantiating the claim, such person shall be liable for the payment of the taxes imposed by this article.
(Code 1965, § 6108; Ord. No. 836; Ord. No. 1135)
(c) The collector shall, upon a proper showing contained in the sworn statement, issue a license to such person claiming exemption under this section without payment to the city of the license tax required by this article.
(Code 1965, § 6108; Ord. No. 836; Ord. No. 1135)
(d) 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.
(Code 1965, § 6108; Ord. No. 836; Ord. No. 1135)
(e) The following person(s) or individual(s) shall be exempt from paying a business license tax:
(Code 1965, § 6108; Ord. No. 1135)
(1) Full-time students under the age of 18 years having an annual gross income of less than $3,600.00.
(Code 1965, § 6108; Ord. No. 1135)
(2) Senior citizens (age 62 and above) who engage in part-time work from their residence and whose annual gross income from this business is less than $3,600.00.
(Code 1965, § 6108; Ord. No. 1135)
Sec. 18-40. Charitable and nonprofit organizations.
(a) Unless otherwise provided in this article, the following activities and organizations are exempt from payment of the license tax:
(Code 1965, § 6109; Ord. No. 836)
(1) The conducting, managing, or carrying on of any business, occupation, or activity from any institution or organization which is conducted, managed, or carried on wholly for the benefit of charitable purposes or from which profit is not derived, either directly or indirectly, by any individual, firm, or corporation;
(Code 1965, § 6109; Ord. No. 836)
(2) The conducting of any entertainment, concert, exhibition, or lecture on scientific, historical, literary, religious, or moral subjects, whenever all the receipts thereof are to be appropriated to any church or school or to any religious or benevolent purpose;
(Code 1965, § 6109; Ord. No. 836)
(3) The conducting of any entertainment, dance, concert, exhibition, or lecture by any religious, charitable, fraternal, educational, military, state, county, or municipal organization or association, whenever the receipts of such are to be appropriated for the purpose and objects for which such organization or association was formed and from which profit is not derived, either directly or indirectly, by any individual, firm, or corporation;
(Code 1965, § 6109; Ord. No. 836)
(4) A city-sponsored function where a fee is paid to the city for the right to participate as entries in the function shall be in lieu of any fee required to do business in the city and where the participation is by invitation of the city only. A city-sponsored function for purposes of this section is a function which is cultural or recreational in nature; provided, however, that this section does not apply to commercial food vendors who may participate or who may be asked to participate in the activity.
(Code 1965, § 6109; Ord. No. 931)
(b) In making a determination as to the exempt status of any organization or activity hereunder, the following criteria are to be considered by the collector:
(Code 1965, § 6109; Ord. No. 836)
(1) The organization or activity has received or has formally applied for tax-exempt status from the state Franchise Tax Board and Internal Revenue Service where applicable;
(Code 1965, § 6109; Ord. No. 836)
(2) The proposed activity will not be in conflict with any provisions of this Code, or state or federal law.
(Code 1965, § 6109; Ord. No. 836)
(c) For purposes of this section, "charitable" shall mean and include the words "patriotic," "philanthropic," "social service," "welfare," "benevolent," "educational," "civic," or "fraternal," either actual or purported. An activity defined as "religious" or a "religion" shall not mean and include the word "charitable" as herein defined but shall be given their commonly accepted definitions.
(Code 1965, § 6109; Ord. No. 836)
Sec. 18-41. Contents of license.
(a) Every person required to have a license under the provisions of this article shall make application as hereinafter prescribed to the collector of the city, and, upon the payment of the prescribed license tax, the collector shall issue to such person a license which shall contain the following information:
(Code 1965, § 6110; Ord. No. 836)
(1) The name of the person to whom the license is issued;
(Code 1965, § 6110; Ord. No. 836)
(2) The business licensed;
(Code 1965, § 6110; Ord. No. 836)
(3) The place where such business is to be conducted;
(Code 1965, § 6110; Ord. No. 836)
(4) The date of the expiration of such license; and
(Code 1965, § 6110; Ord. No. 836)
(5) Such other information as may be necessary for the enforcement of the provisions of this article.
(Code 1965, § 6110; Ord. No. 836)
(b) Whenever the tax imposed under the provisions of this article 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 may issue for each tax period for which the license tax has been paid one identification sticker, tag, plate, 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.
(Code 1965, § 6110; Ord. No. 836)
Sec. 18-42. Application for first license.
(a) 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:
(Code 1965, § 6111; Ord. No. 836)
(1) Name of the business;
(Code 1965, § 6111; Ord. No. 836)
(2) The exact nature or kind of business for which a license is requested;
(Code 1965, § 6111; Ord. No. 836)
(3) 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 the owner's residences;
(Code 1965, § 6111; Ord. No. 836)
(4) In the event that application is made for the issuance of a license to a person doing business under a fictitious name, in addition to the fictitious name, the application shall set forth the names and places of residence of those owning said business;
(Code 1965, § 6111; Ord. No. 836)
(5) 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 residence of the president and secretary of the corporation and the partners in the partnership;
(Code 1965, § 6111; Ord. No. 836)
(6) In all cases where the amount of license tax to be paid is measured by gross receipts, the application shall set forth such information as may be required or necessary to determine the amount of the license tax;
(Code 1965, § 6111; Ord. No. 836)
(7) Any further information which the collector may require to enable him to determine the tax and issue the license.
(Code 1965, § 6111; Ord. No. 836)
(b) If the amount of the license tax to be paid by the applicant is measured by gross receipts, he shall estimate the gross receipts for the period to be covered by the license. 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 the amount of the license tax so determined shall be tentative only; and such person shall, within 30 days after the expiration of the period for which such license was issued and prior to the issuance of a renewal license, furnish the collector with a sworn statement, upon a form furnished by the collector, showing the gross receipts during the period of such license, and the license tax for such period shall be finally ascertained and paid in the manner provided by this article for the ascertaining and paying of renewal license taxes, after deducting from the payment found to be due, the amount paid based upon estimate of gross receipts, provided that, if the applicant has been in business for less than one year, the amount of his renewal license tax based on gross receipts shall be determined in the same manner as provided in this section 18-42.
(Code 1965, § 6111; Ord. No. 836)
(c) Failure to pay the required license tax or to furnish statements as herein required shall be sufficient grounds for the collector to refuse issuance of a license for the same or any other business.
(Code 1965, § 6111; Ord. No. 836)
Sec. 18-43. Application for renewal license.
In all cases for the renewal of a license, the applicant shall submit to the collector 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 to ascertain the amount of the license tax to be paid by said applicant. Where the business license tax is based on gross receipts, the amount to be paid shall encompass applicant's gross receipts from said business for the calendar year next preceding the date of his renewal application.
(Code 1965, § 6112; Ord. No. 836)
Sec. 18-44. Verification of statements and records.
(a) 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 hereby authorized to examine, audit, and inspect such book 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.
(Code 1965, § 6113; Ord. No. 836)
(b) All persons subject to the provisions of this article shall keep complete records of business transactions, including sales, receipts, purchases, and other expenditures, and shall retain all such records for examination by the collector. Such records shall be maintained for a period of at least three years. Refusal to allow authorized representatives of the collector to examine required records at reasonable times and places shall be sufficient grounds to refuse issuance of a license as herein provided.
(Code 1965, § 6113; Ord. No. 836)
Sec. 18-45. Confidentiality of information.
It shall be unlawful for the collector or any person having an administrative duty under the provisions of this article to make known in any manner whatever 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 other 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:
(Code 1965, § 6114; Ord. No. 836)
(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 article or collecting taxes imposed hereunder;
(Code 1965, § 6114; Ord. No. 836)
(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;
(Code 1965, § 6114; Ord. No. 836)
(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 brought to determine the existence or amount of any license tax liability of the particular taxpayers to the city;
(Code 1965, § 6114; Ord. No. 836)
(4) The disclosure, after the filing of a written request to that effect, to the taxpayer himself, or to his successors, receivers, trustees, executors, administrators, assignees, and guarantors, if directly interested, of information as to the items included in the measure of any paid tax, 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 paragraph when in his opinion the public interest would suffer thereby;
(Code 1965, § 6114; Ord. No. 836)
(5) The disclosure of the names and addresses of persons to whom licenses have been issued and the general type or nature of their business;
(Code 1965, § 6114; Ord. No. 836)
(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;
(Code 1965, § 6114; Ord. No. 836)
(7) The disclosure of general statistics regarding taxes collected or business done in the city;
(Code 1965, § 6114; Ord. No. 836)
(8) Any other disclosure required by law.
(Code 1965, § 6114; Ord. No. 836)
Sec. 18-46. Failure to file statement or corrected statement.
(a) If any person fails to file any required statement within the time prescribed, or if after demand therefor made by the collector he fails to file a corrected statement, or if any person subject to the tax imposed by this article 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.
(Code 1965, § 6115; Ord. No. 836)
(b) If the collector is not satisfied with the information supplied in statements or applications filed, he may determine the amount of any license tax due by means of any information he may be able to obtain.
(Code 1965, § 6115; Ord. No. 836)
(c) 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 Concord, California, postage prepaid, addressed to the person so assessed at his 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, within 15 days, cause the matter to be set for hearing 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 above for serving notices of assessment. The Council shall consider all evidence produced and shall make findings thereon, which shall be final. Notice of such findings shall be served upon the applicant in the manner prescribed above for serving notices of assessment.
(Code 1965, § 6115; Ord. No. 836)
Sec. 18-47. Appeal.
Any person aggrieved by any decision of the collector with respect to the issuance or refusal to issue such license may appeal to the City Council in accordance with section 2-53 of this Code.
(Code 1965, § 6116; Ord. No. 836)
Sec. 18-48. Authority of collector to extend time for filing.
In addition to all other authority conferred upon him, the collector may, for good cause shown, 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 seven percent simple interest shall be added to any tax determined to be due and payable.
(Code 1965, § 6117; Ord. No. 836)
Sec. 18-49. Transfer of license: change of location or ownership of business.
(a) Except as otherwise provided herein, no license issued pursuant to this article shall be transferable from person to person; provided that, where a license is issued authorizing a person to transact and carry on a business at a particular place, such licensee may, upon application therefor and paying a fee of $5.00, have the license amended to authorize the transacting and carrying on of such business under said license at some other location of the licensee's business. Provided further that transfer, whether by sale or otherwise, to another person under such circumstances that the real or ultimate ownership after the transfer is substantially similar to the ownership existing before the transfer, shall not be prohibited by this section. For the purpose of this section, stockholders, bondholders, partnerships, or other persons holding an interest in a corporation or other entity herein defined to be a person are regarded as having the real or ultimate ownership of such corporation or other entity.
(Code 1965, § 6118; Ord. No. 836; Ord. No. 1135)
(b) Any business license issued pursuant to this article is transferable to a new owner(s) provided the following remain identical after the transfer:
(Code 1965, § 6118; Ord. No. 1135)
(1) Name of business;
(Code 1965, § 6118; Ord. No. 1135)
(2) The business location; and
(Code 1965, § 6118; Ord. No. 1135)
(3) The nature of the business conducted.
(Code 1965, § 6118; Ord. No. 1135)
(c) A business license transfer fee in the amount of $12.00 shall be paid before any business license can be transferred in accordance with this section.
(Code 1965, § 6118; Ord. No. 1135)
(d) In addition, where a license is issued authorizing a person to transact and carry on a business at a particular place, such licensee may, upon application therefor and paying a fee of $5.00, have the license amended to authorize the transacting and carrying on of such business under said license at some other location of licensee's business.
(Code 1965, § 6118; Ord. No. 1135)
Sec. 18-50. Duplicate license.
It shall be the responsibility of the business to replace any license previously issued hereunder which has been lost or destroyed upon the licensee filing a statement of such fact with the collector and at the time of filing such statement paying to the collector a duplicate license fee of $5.00.
(Code 1965, § 6119; Ord. No. 836; Ord. No. 1135)
Sec. 18-51. Posting and keeping licenses.
(a) 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.
(Code 1965, § 6120; Ord. No. 836)
(b) 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.
(Code 1965, § 6120; Ord. No. 836)
(c) Whenever identifying stickers, tags, plates, or symbols have been issued for a vehicle, device, machine, or other piece of equipment included in the measure of a license tax, the person to whom issued shall keep them firmly affixed upon such equipment at such locations as are designated by the collector. Such sticker, tag, plate, or symbol shall not be removed during the period for which it is issued.
(Code 1965, § 6120; Ord. No. 836)
(d) No person shall give away, sell, or transfer such identifying sticker, tag, plate, or symbol to another person or to permit its use by another person.
(Code 1965, § 6120; Ord. No. 836)
Sec. 18-52. Due date for payment of tax.
(a) Unless otherwise specifically provided herein, all annual license taxes payable hereunder shall be due on January 1 and payable no later than January 31 of each year. License taxes covering new businesses commenced after January 1 shall be assessed an annual license tax commencing from the date the license is issued. For the purpose of determining the date of renewal, the business license tax shall be applied at the start of the next succeeding month of the renewal year. Said month shall be the annual renewal date each year thereafter. For example, for a business enterprise commencing business as of January 15, the renewal date will be February 1 of the next year.
(Code 1965, § 6121; Ord. No. 836; Ord. No. 1135; Ord. No. 98-1)
(b) Except as otherwise herein provided, license taxes, other than annual, required hereunder, shall be due and payable as follows:
(Code 1965, § 6121; Ord. No. 836; Ord. No. 1135; Ord. No. 98-1)
(1) Daily flat rate license tax paid prior to beginning work;
(Code 1965, § 6121; Ord. No. 1135; Ord. No. 98-1)
(2) Other flat rate license taxes are payable prior to beginning work for the applicable period; and
(Code 1965, § 6121; Ord. No. 1135; Ord. No. 98-1)
(3) Contractors not having a permanent Concord location may pay the license tax on an annual basis or for a six-month period beginning on the day when the license is issued. Such contractors shall be eligible for renewal for an additional six-month period upon paying the applicable tax as provided in this article.
(Code 1965, § 6121; Ord. No. 836; Ord. No. 1135; Ord. No. 98-1)
Sec. 18-53. Delinquent taxes; penalty for late payment.
(a) All licenses, unless otherwise specifically provided in section 18-52, are issued on a calendar-year basis and expire the last day of the calendar year (December 31) to which they apply. Payment for renewal of an expired calendar-year license is due no later than January 1.
(Code 1965, § 6122; Ord. No. 836; Ord. No. 1135; Ord. No. 89-1; Ord. No. 98-1)
(b) For those licenses which are issued on an annual basis after January 1 of a given year, payment shall be due no later than the first day of the month following the month in which the license was first issued. For example, if a new business enterprise was issued a business license on January 15, the license would expire on January 31 of the following year. The payment due on the renewal date would be February 1 of that year and each year thereafter.
(Code 1965, § 6122; Ord. No. 98-1)
(c) A penalty of 20 percent will be added to any license fee that is not paid by the last day of the month in which it came due. An additional 20 percent will be added on the last day of each additional month the fee remains unpaid, but in no case will the penalty exceed 50 percent of the amount of the license tax due.
(Code 1965, § 6122; Ord. No. 89-1; Ord. No. 98-1)
(d) Where the final due date for a license falls on a weekend or a holiday, the non-penalty period may be extended to include the next city working day. For payment sent through the mail, a postmark on the working day is sufficient to avoid the penalty.
(Code 1965, § 6122; Ord. No. 1135; Ord. No. 89-1; Ord. No. 98-1)
(e) Upon documented evidence of an existing hardship that caused delay in payment of the license tax fee, and where there is a previous history of prompt payment, the collector may waive all penalties that would otherwise have accrued as a result of a failure to pay a license tax when due. In such cases, seven percent simple interest shall be added to any tax determined to be due and payable calculated from the day the penalty would have been assessed until the date of actual payment of the license tax.
(Code 1965, § 6122; Ord. No. 89-1; Ord. No. 98-1)
Sec. 18-54. License tax a debt.
The license tax and penalty is a debt to the city. The city may bring an action to collect the debt.
(Code 1965, § 6123; Ord. No. 836)
Sec. 18-55. Refunds of overpayment of tax.
No refund of an overpayment of taxes imposed by this article shall be allowed in whole or in part unless a claim for refund is filed with the collector within a period of one year 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 collector, on forms furnished by him, and in the manner prescribed by him. Upon the filing of such a claim and when he determines that an overpayment has been made, the collector may refund the amount overpaid.
(Code 1965, § 6124; Ord. No. 836; Ord. No. 03-5)
Sec. 18-56. Gross receipts tax schedule.
Unless otherwise provided under this section, every person who engages in business at a fixed place of business within the city shall pay a license tax based upon gross receipts at the following rates:
(Code 1965, § 6125; Ord. No. 836; Ord. No. 844; Ord. No. 1135)
GROSS RECEIPTS SCHEDULE
(1) Computation methods. The sum of the tax computed as follows:
TABLE INSET:
| Gross Receipts (in dollars) | Tax (mil per dollar) | |
|---|---|---|
| First 0 to 25,000 | at | 1.00 |
| Next 25,000 to 75,000 | at | 0.90 |
| Next 75,000 to 150,000 | at | 0.85 |
| Next 150,000 to 250,000 | at | 0.80 |
| Next 250,000 to 500,000 | at | 0.75 |
| Next 500,000 to 1,000,000 | at | 0.70 |
| Next 1,000,000 to 2,500,000 | at | 0.65 |
| Next 2,500,000 to 5,000,000 | at | 0.60 |
| Next 5,000,000 to 7,500,000 | at | 0.50 |
| Over 7,500,000 | at | 0.30 |
Minimum tax under gross receipts schedule: $25.00.
(Code 1965, § 6125; Ord. No. 836; Ord. No. 844; Ord. No. 1135)
(2) Retail/wholesale. Same as gross receipts schedule above.
(Code 1965, § 6125; Ord. No. 836; Ord. No. 1135)
(3) Manufacturing. The sum of the following:
$11.35 per employee for the first 10.
$113.50 per employee for the next 20, plus $8.83 each over 10.
$290.10 per employee to next 20, plus $6.28 each over 30.
$415.70 per employee to next 50, plus $5.02 each over 50.
$666.70 per employee thereafter, plus $3.77 each over 100.
(Code 1965, § 6125; Ord. No. 836; Ord. No. 844; Ord. No. 1135; Ord. No. 89-1)
(4) Professions and trades. $126.46, plus $94.84 for each associate and $18.95 for each employee. The annual business license fees provided under this part apply to the following professions and trades, or for any other professional or trade person not listed:
Accountant.
Auditor.
Appraiser.
Architect.
Artist.
Assayer.
Attorney.
Attorney, patent.
Advertising counsel.
Bacteriologist.
Blueprinter.
Chemist.
Certified public accountant.
Chiropodist.
Chiropractor.
Collection agency.
Credit reporting bureau.
Civil engineer.
Electrical, mining, construction, structural, consulting, mechanical, and hydraulic engineers.
Dentist.
Designer or decorator.
Draftsman.
Drugless practitioner.
Electrologist.
Engraver.
Feed, grain, and fruit broker.
Geologist.
Illustrator or show card writer.
Insurance or claims adjuster.
Landscape gardener or architect.
Lapidary.
Lithographer.
Masseuse.
Money lender or broker or selling obligations.
Mercantile agency.
Oculist.
Optician.
Optometrist.
Osteopath.
Physician.
Real estate broker.
Sign painter.
Surgeon.
Surveyor.
Taxidermist.
Veterinarian.
X-ray laboratory.
(Code 1965, § 6125; Ord. No. 836; Ord. No. 1135; Ord. No. 89-1)
(5) Apartments, hotels, and motels. A four-unit minimum rate of $31.59; five units and above taxable at $6.28 per unit.
(Code 1965, § 6125; Ord. No. 836; Ord. No. 1135; Ord. No. 89-1)
(6) Businesses without a fixed place of business within the city and public utilities. The sum of the following:
$11.35 per employee for the first 10.
$113.50 per employee for the next 20, plus $8.83 each over 10.
$290.10 per employee to next 20, plus $6.28 each over 30.
$415.70 per employee to next 50, plus $5.02 each over 50.
$666.70 per employee thereafter, plus $3.77 each over 100.
Minimum fee: $37.92.
Every person who engages in a business that is not a fixed place of business within the city as provided under section 18-56 herein shall be grouped and included under this part for purposes of determining the business license tax due.
Any public utility possessing a franchise granted by the city and making an annual payment under said franchise shall be entitled to a credit in the amount of such payment against the business license tax payable herein and the minimum fee shall be waived.
(Code 1965, § 6125; Ord. No. 836; Ord. No. 844; Ord. No. 1135; Ord. No. 89-1; Ord. No. 94-5)
(7) Contractors.
Less than $204,000.00 gross in city for previous year: $88.52 per year or $63.23 per half year, expiring June 30 and December 31.
Over $204,000.00 gross in city for previous year: use gross receipts schedule.
(Code 1965, § 6125; Ord. No. 836; Ord. No. 1135; Ord. No. 89-1)
(8) Amusement. Gross receipts schedule above, except as noted below:
TABLE INSET:
| Billiard and pool rooms | $37.92 for first table $18.95 for each additional table |
| Bowling alleys | $25.28 per alley |
| Circus | $252.92 per day |
| Carnivals | $252.92 per day |
| Boxing and wrestling exhibitions | Less than 500 seats: $63.23 Over 500 seats: $126.46 |
| Nightclubs | $126.46 per year |
| Dancehall | $126.46 per year |
(Code 1965, § 6125; Ord. No. 836; Ord. No. 1135; Ord. No. 89-1)
Sec. 18-57. Flat rate tax schedule.
Every person transacting and carrying on the businesses herein enumerated shall pay a license tax as follows:
TABLE INSET:
| Auctioneers | $100.00 |
| Fire sales | $100.00 per day |
| Itinerant merchant or trader | $50.00 per day; $200.00 per quarter |
| Vendor | $100.00 per year or $10.00 per day |
| Solicitors | $50.00 per year or $5.00 per day |
| Book agents | $50.00 per year or $10.00 per day |
(Code 1965, § 6126; Ord. No. 836; Ord. No. 85-30)
Sec. 18-58. Reduction of tax for carnivals and similar shows; tax on craft fairs and flea markets.
(a) Definitions.
Carnival. Includes circuses, fairs, tent shows, exhibits, games of skill, rides, and devices.
(Code 1965, § 6127; Ord. No. 836)
Professional carnival operator. Any person, partnership, corporation, or firm whose business is the carrying on of a carnival.
(Code 1965, § 6127; Ord. No. 836)
(b) Reduction of fee. Upon written application, the City Manager may reduce the business license fee for a carnival which is conducted by a professional carnival operator to $152.92 per day upon presentation to the City Manager of proof satisfactory to him that:
(Code 1965, § 6127; Ord. No. 836; Ord. No. 89-1)
(1) Such carnival is an incidental part of an overall business promotion activity conducted by an organized group of merchants licensed to do business within the city; or
(Code 1965, § 6127; Ord. No. 836)
(2) Such activity is sponsored by a tax-exempt, religious, charitable, fraternal, veterans, or educational organization or association, or a school student body group for purposes of raising funds for such organization, association, or group; and if the proceeds received by the sponsoring tax-exempt organization, association, or group are used entirely for the purposes and objectives for which such organization, association, or group was formed.
(Code 1965, § 6127; Ord. No. 836)
The application for a reduced license fee shall be accompanied by a confirmed copy of the agreement or contract between the carnival operator and the sponsoring organization, showing the agreement of the parties thereto regarding division of the proceeds to be derived from operation of the amusement activity. The City Manager may consider said agreement or contract in determining whether the license fee for the amusement activity may be reduced.
(Code 1965, § 6127; Ord. No. 836)
(c) Waiver of fee. Upon written application, the City Manager may waive the business license fee for an amusement activity which is sponsored or conducted by a tax-exempt, religious, charitable, fraternal, veterans, or education organization or association, or by a student body group if the organization, association, or group does not employ the services of a professional carnival operator to conduct the amusement activity.
(Code 1965, § 6127; Ord. No. 836)
(d) Appeal.
(1) Any person aggrieved by the action of the City Manager in approving or denying an application for a reduction or an exemption from the business license fee to be imposed under this section may appeal to the City Council in accordance with section 2-53 of this Code.
(Code 1965, § 6127; Ord. No. 845)
(2) Said appeal shall be by written notice directed to the City Clerk within ten days of the action from which the appeal is taken. The City Clerk shall set a hearing on the appeal within 15 days and, at least five days prior to hearing, mail notice of hearing to the appellant. The City Council may continue the hearing as convenience and justice dictate and may affirm, modify, or rescind the action of the City Manager.
(Code 1965, § 6127; Ord. No. 836)
(e) Craft fairs/flea markets. The business license fee applicable to the business of a flea market, penny market, swap meet or market, art fair, craft fair, and other similar business where persons rent spaces, stalls, or designated places for the purpose of selling, trading, or displaying new and/or used merchandise is $50.00, plus $4.50 for each space or stall. The fee is computed in accordance with the following terms and conditions:
(Code 1965, § 6127; Ord. No. 84-19)
(1) The number of stalls shall be the maximum number occupied, as estimated by the owners/operators;
(Code 1965, § 6127; Ord. No. 84-19)
(2) The number of occupied stalls and the fee paid are subject to audit and fee adjustment, if necessary;
(Code 1965, § 6127; Ord. No. 84-19)
(3) A separate fee is required for each individual market, fair, etc. Notwithstanding the foregoing, only one fee shall be required of markets, fairs, etc., which are held on a recurring basis on private property owned or leased by the operator of the market, fair, etc. The fee for such recurring events shall be payable annually for all occurrences in a calendar year;
(Code 1965, § 6127; Ord. No. 84-19)
(4) Fees are not subject to proration.
(Code 1965, § 6127; Ord. No. 84-19)
Sec. 18-59. Annual tax rate escalation.
All license taxes determined by other than the gross receipts method will be adjusted from year to year to reflect the percent change in the Consumer Price Index as follows: The 1967-69 Consumer Price Index as published by the U.S. Department of Labor, Bureau of Labor Statistics, for San Francisco for the quarter ending September 30, 1978, shall be used as the base year. Each year the rate of change expressed as a percentage will be determined from the next preceding 12 months beginning September 1. This percentage shall be applied to the business license taxes commencing on January 1 of the following year.
(Code 1965, § 6128; Ord. No. 1135; Ord. No. 98-1)
Sec. 18-60. Authority to make additional rules and regulations.
The collector may make rules and regulations not inconsistent with the provisions of this article as may be necessary or desirable to aid in carrying out the provisions of this article.
(Code 1965, § 6130; Ord. No. 836; Ord. No. 1135)
Sec. 18-61. Enforcement.
(a) It shall be the duty of the collector and the city's Business License and Permit Agent, and they are hereby authorized and directed, to enforce each and all of the provisions of this article, and the Chief of Police shall render such assistance in the enforcement hereof as may from time to time be required herein. The collector and the city's Business License and Permit Agent are hereby authorized to issue infraction citations for any violations of the provisions of this article.
(Code 1965, § 6131; Ord. No. 836; Ord. No. 936; Ord. No. 1135)
(b) The collector, in the exercise of the duties imposed upon him hereunder, and acting through his deputies or duly authorized assistants, shall examine or cause to be examined all places of business in the city to ascertain whether the provisions of this article have been complied with.
(Code 1965, § 6131; Ord. No. 836; Ord. No. 1135)
(c) Any person licensed as herein provided and having such license in his possession or under his control, who willfully fails to exhibit the same on demand, shall be guilty of an infraction and subject to the penalties as in this Code are provided.
(Code 1965, § 6131; Ord. No. 836; Ord. No. 1135)
Sec. 18-62. 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.
(Code 1965, § 6132; Ord. No. 836; Ord. No. 1135)
Sec. 18-63. Penalty for violations.
Any person violating any of the provisions of this article or knowingly or intentionally misrepresenting to any officer or employee of this city any material fact in procuring the license or permit herein provided for shall be deemed guilty of an infraction and, upon conviction thereof, shall be punishable as provided in section 1-22 of this Code.
(Code 1965, § 6133; Ord. No. 836; Ord. No. 1135; Ord. No. 98-1)
Sec. 18-64. Severability.
It is intended by this article that the city is not increasing the business license tax but is only changing the timing in which such tax is paid and, therefore, need not be submitted to the electorate and approved by a majority vote. If any section, subsection, sentence, clause, phrase, or portion of this article is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article. Furthermore, if it is determined by a court of competent jurisdiction that the amendment to this article constitutes an increase in the business tax requiring it to be submitted to the electorate and approved by majority vote, the original provisions of this article shall remain in full force and effect.
(Code 1965, § 6134; Ord. No. 836; Ord. No. 1135; Ord. No. 98-1)
Sec. 18-65. Effective date of tax.
The annual license taxes imposed hereunder shall be effective January 1, 1971, and year to year thereafter until further amendment of this article.
(Code 1965, § 6135; Ord. No. 836; Ord. No. 1135)
Secs. 18-66--18-90. Reserved.
ARTICLE III. ALARMS, ALARM COMPANIES, AND ALARM SYSTEMS
Sec. 18-91. Definitions.
The following definitions shall apply to this article:
(Code 1965, § 6400; Ord. No. 86-9)
Alarm agent. An employee, licensed by the state and employed by, or acting in behalf of, an alarm company.
(Code 1965, § 6400; Ord. No. 86-9)
Alarm company. A business, licensed by the state, which sells and installs or repairs alarm systems and components.
(Code 1965, § 6400; Ord. No. 86-9)
Alarm system. A functionally related group of electrical or mechanical components that serve to detect, warn, or alert by means of sound or signal.
(Code 1965, § 6400; Ord. No. 86-9)
Burglary alarm system. An alarm system designed to detect and alert an unauthorized entry into a premises.
(Code 1965, § 6400; Ord. No. 86-9)
False alarm. An activation of an alarm system which is designed to detect and/or report a particular type of event when in fact that particular type of event has not occurred nor is there evidence that it occurred.
(Code 1965, § 6400; Ord. No. 86-9)
Monitored alarm system. An alarm system which signals a monitoring agency of a detection or warning.
(Code 1965, § 6400; Ord. No. 86-9)
Robbery alarm system. An alarm system designed to alert persons, or agencies, or law enforcement, etc., a theft is being accomplished by force or threat.
(Code 1965, § 6400; Ord. No. 86-9)
Cross references: Definitions generally, § 1-10.
Sec. 18-92. Alarm company requirements.
(a) Each alarm company conducting business within the city limits shall file a copy of its California consumer affairs alarm operator's license with the city Police Department.
(Code 1965, § 6401; Ord. No. 86-9)
(b) Each alarm company conducting business in the city shall possess a current city business license as required by this Code.
(Code 1965, § 6401; Ord. No. 86-9)
(c) All alarm agents shall possess a valid California consumer affairs alarm agent registration card while performing any alarm work in the city. The registration card shall be displayed upon demand to any city employee, representative, or person being served or solicited.
(Code 1965, § 6401; Ord. No. 86-9)
(d) Each alarm company conducting business in the city shall provide, to the city Police Department Administrative Services Division, a unique five-character identification number for each of its Concord subscribers using a monitored alarm system.
(Code 1965, § 6401; Ord. No. 86-9)
Sec. 18-93. Alarm use permit required; issuance.
(a) Permit required; exemptions.
(1) No person shall install or use an alarm system on any premises within the city limits until he has obtained an alarm use permit from the city Police Department.
(Code 1965, § 6402; Ord. No. 86-9)
(2) Alarm systems which are not designed to summon public and/or city Police Department attention, but which are privately monitored and responded to, are exempt from this requirement.
(Code 1965, § 6402; Ord. No. 86-9)
(b) Application. Applicants for an alarm use permit shall provide the following information on a form provided by the city Police Department:
(Code 1965, § 6402; Ord. No. 86-9)
(1) The name, address, and telephone number of the applicant;
(Code 1965, § 6402; Ord. No. 86-9)
(2) The location (address and business name, if applicable) at which the alarm system is to be installed/used;
(Code 1965, § 6402; Ord. No. 86-9)
(3) If applicable, the name, address, and telephone number of the alarm company installing the alarm system;
(Code 1965, § 6402; Ord. No. 86-9)
(4) A description of the type of alarm system intended for installation/use; and
(Code 1965, § 6402; Ord. No. 86-9)
(5) The name and telephone number of at least two emergency response contacts capable of responding within 30 minutes to the alarm location if requested. The alarm use permittee shall contact the city Police Department Administrative Services Division to update information concerning emergency response contacts by the next normal business day.
(Code 1965, § 6402; Ord. No. 86-9)
(c) Issuance or denial. Upon receipt of application for an alarm use permit, the city Police Department shall issue a permit for the designated premises, unless the city Police Department finds that good cause exists to deny that permit. Good cause to deny the permit shall include:
(Code 1965, § 6402; Ord. No. 86-9)
(1) Installation and use of alarm systems which are impermissible as defined in section 18-97 of this article; and
(Code 1965, § 6402; Ord. No. 86-9)
(2) Failure of the applicant to pay the alarm permit fee described below.
(Code 1965, § 6402; Ord. No. 86-9)
(d) Notice of denial. In the event an alarm use permit is denied, the Commander of the city Police Department Administrative Services Division, or his designee, shall set forth the justification in writing.
(Code 1965, § 6402; Ord. No. 86-9)
(e) Fee. The alarm use permittee shall pay an alarm use permit issuance fee in an amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.
(Code 1965, § 6402; Ord. No. 86-9)
Sec. 18-94. Revocation and reissuance of alarm use permit.
(a) If good cause exists, an alarm use permit may be revoked. Good cause for revocation shall include, but not be limited to:
(Code 1965, § 6403; Ord. No. 86-9)
(1) Failure to take corrective measures to prevent false alarms in excess of ten in any 30-consecutive-day period, or in excess of 20 in any 180-consecutive-day period; or
(Code 1965, § 6403; Ord. No. 86-9)
(2) Failure to pay service charges resulting from excessive false alarms as authorized by section 18-95 of this article.
(Code 1965, § 6403; Ord. No. 86-9)
(b) Notice of alarm use permit revocation shall be made by the Administrative Services Division of the city Police Department to the permittee by certified mail.
(Code 1965, § 6403; Ord. No. 86-9)
(c) Use of an alarm system after permit revocation notification has been issued is unlawful and may result in a fine of up to $500.00 for each documented occurrence.
(Code 1965, § 6403; Ord. No. 86-9)
(d) Revoked permits may be reissued by the Police Department if the former permittee can show that action has been taken to correct the cause or causes which resulted in the revocation of the original alarm use permit. Reissuance of an alarm use permit shall be accomplished by the same procedure detailed in section 18-93 of this article.
(Code 1965, § 6403; Ord. No. 86-9)
Sec. 18-95. False alarm service charges.
(a) Applicability. A service charge shall be imposed on any city alarm system permittee for each false alarm response made by the city Police Department in excess of three responses in any 60-consecutive-day period, or in excess of eight responses in any 360-consecutive-day period.
(Code 1965, § 6404; Ord. No. 86-9)
(1) Multiple false alarms occurring in any 24-hour period shall be charged as one, to furnish time for corrective action by the permittee.
(Code 1965, § 6404; Ord. No. 86-9)
(2) A false alarm shall not be charged against a permittee if it can be determined that the alarm was activated by a telephone line problem or a utility power outage lasting more than four hours.
(Code 1965, § 6404; Ord. No. 86-9)
(b) Amount. Service charges authorized in subsection (a) of this section will be set in an accelerating scale determined by the frequency of false alarms after the authorized false alarm standard is met, as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.
(Code 1965, § 6404; Ord. No. 86-9)
(c) Billing and collection.
(1) The city Police Department shall advise the city Finance Department of all applicable charges.
(Code 1965, § 6404; Ord. No. 86-9)
(2) The charges shall be billed to the responsible city alarm use permittee by the Finance Department and shall be due within 15 days of the billing date.
(Code 1965, § 6404; Ord. No. 86-9)
Sec. 18-96. Backup power supply for alarm systems.
(a) All alarm systems shall be supplied with an uninterruptable power supply in a manner that failure or interruption of normal electrical service shall not activate the alarm system.
(Code 1965, § 6405; Ord. No. 86-9)
(b) The backup power supply shall be capable of at least four hours of operation.
(Code 1965, § 6405; Ord. No. 86-9)
(c) All alarm systems installed prior to the enactment of this section shall be required to comply with this section within six months of the date this section becomes effective.
(Code 1965, § 6405; Ord. No. 86-9)
Sec. 18-97. Prohibited systems and uses.
(a) No person shall use or operate, cause to be used or operated, arrange, adjust, program, or otherwise provide for, or install, any device or combination of devices that will, upon activation, either mechanically, electrically, or automatically, or by other means, initiate the intrastate calling, dialing, or connection to any police number, line, or instrument assigned to the city Police Department.
(Code 1965, § 6406; Ord. No. 86-9)
(b) No person shall operate or use any alarm system that emits a sound similar to that of an emergency vehicle, siren, or civil defense warning system.
(Code 1965, § 6406; Ord. No. 86-9)
(c) No person shall use or operate any alarm system that emits an exterior audible sound when such emission does not automatically cease within 15 minutes.
(Code 1965, § 6406; Ord. No. 86-9)
(d) No person shall operate or use a burglary alarm system for any other purpose than detecting and reporting an unauthorized entry upon the property protected by the system, or operate or use a robbery alarm for any other purpose than reporting a robbery.
(Code 1965, § 6406; Ord. No. 86-9)
Sec. 18-98. Appeal.
(a) Any person: (1) who is denied an alarm use permit; or (2) whose alarm use permit has been revoked; or (3) denied an alarm use permit reissuance; or (4) who has received an alarm service charge assessment may appeal the action, in writing, to the Chief of Police.
(Code 1965, § 6407; Ord. No. 86-9)
(b) Within five days of receipt of an appeal, the Chief of Police shall render a written decision on the appeal. If the appeal is denied, such decision shall be effective immediately upon service to the applicant/permittee or shall be effective 96 hours after being deposited in the course of transmission with the United States Postal Service.
(Code 1965, § 6407; Ord. No. 86-9)
(c) If the permittee or applicant is dissatisfied with the action of the Chief of Police, such applicant or permittee may appeal such action to the City Council pursuant to section 2-52 of this Code.
(Code 1965, § 6407; Ord. No. 86-9)
Sec. 18-99. Liability limitation.
The city shall be under no duty or obligation to alarm use permittees or any other persons by reason of any provision of this article. This includes, but is not limited to, any defects in police alarm boards, or delays in transmissions, and/or responses to an alarm call.
(Code 1965, § 6408; Ord. No. 86-9)
Sec. 18-100. Penalties.
Violations of this article, unless specifically identified herein, are deemed misdemeanors and may be punishable in accordance with section 1-23 of this Code.
(Code 1965, § 6409; Ord. No. 86-9; Ord. No. 94-5)
Secs. 18-101--18-120. Reserved.
ARTICLE IV. ESCORT BUREAUS AND INTRODUCTORY SERVICES
Sec. 18-121. Purpose.
The City Council finds that there may be an increasing number of requests for the operation of escort bureaus and/or introduction services in the city and finds that, if not regulated and controlled by reasonable licensing procedures, escort bureaus and introduction services may: (1) be owned, operated, and maintained by persons who are not of good moral character and reputation; (2) increase in number and downgrade a neighborhood; and (3) operate in a manner contrary to the best interests of the public health, safety, and welfare by providing escorts who engage in sexual misconduct or have communicable diseases.
(Code 1965, § 6900; Ord. No. 83-20)
Sec. 18-122. Definitions.
As used in this article:
Escort. Any person who, for pecuniary compensation:
(Code 1965, § 6901; Ord. No. 83-20)
(1) Escorts, accompanies, or consorts with other persons to, from, or about social affairs, entertainments, places of public assembly, or places of amusement located or situated within the city; or
(Code 1965, § 6901; Ord. No. 83-20)
(2) Escorts, accompanies, or consorts with other persons in or about any place of public or private resort or within any private quarters located or situated within the city; or
(Code 1965, § 6901; Ord. No. 83-20)
(3) Escorts, accompanies, or consorts with other persons in or about any business or commercial establishment, or part or portion thereof, located or situated within the city.
(Code 1965, § 6901; Ord. No. 83-20)
Escort bureau. Any business, agency, or self-employed or independent escort who, for pecuniary compensation, furnishes or offers to furnish escorts.
(Code 1965, § 6901; Ord. No. 83-20)
Introductory service. A service offered or performed by any person for pecuniary compensation, the principal purpose of which is to aid persons to become socially acquainted or to otherwise assist persons to meet for social purposes, or which service is generally known or should be known by the offering or performing party to be used by the recipients thereof for the purpose of obtaining information about other persons to be used for social purposes.
(Code 1965, § 6901; Ord. No. 83-20)
Pecuniary compensation. Any commission, fee, gratuity, hire, profit, reward, or any other form of consideration.
(Code 1965, § 6901; Ord. No. 83-20)
Person. Any natural person, firm, partnership, corporation, or association.
(Code 1965, § 6901; Ord. No. 83-20)
Profit interest. Any interest or share in the present or prospective profit of an escort bureau or introductory service.
(Code 1965, § 6901; Ord. No. 83-20)
Cross references: Definitions generally, § 1-10.
Sec. 18-123. Escort bureau or introductory service permit.
(a) Required. It shall be unlawful for any person to engage in, conduct, or carry on, in, or upon any premises or real property located or situated within the city, the activities of an escort bureau or introductory service, unless there has been granted to such person a valid permit, pursuant to the provisions of this article. A separate permit shall be required for each location within the city at which an escort bureau or introductory service is to be established.
(Code 1965, § 6902; Ord. No. 83-20)
(b) Term. The term of an escort bureau or introductory service permit, unless sooner suspended or revoked, shall be for a period of one year.
(Code 1965, § 6902; Ord. No. 83-20)
(c) Renewal. An escort bureau or introductory service permit, issued pursuant to the provisions of this article, which has not been suspended or revoked, may be renewed for a period of not to exceed one year, on written application to the Chief of Police made at least 90 days prior to the expiration date of the current valid permit. The application for renewal of a permit shall contain all of the information required by subsection (e) of this section and shall be processed in accordance with the provisions of this article.
(Code 1965, § 6902; Ord. No. 83-20)
(d) Exception. The requirements of this article shall have no application, and no effect upon, and shall not be construed as applying to a person in the lawful business of an employment agency licensed under the laws of the state.
(Code 1965, § 6902; Ord. No. 83-20)
(e) Application.
(1) Any person desiring to obtain a permit, or renew an existing permit, to operate an escort bureau or an introduction service shall make application to the Chief of Police, or his designated representative. Prior to submitting such application for a permit, or renewal of a permit, a nonrefundable fee, as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services, shall be paid to the Department of Finance to defray, in part, the cost of the investigation and report required by this article. The Department of Finance shall issue a receipt showing that such application, or renewal fee, has been paid. The receipt, or a copy thereof, shall be supplied to the Chief of Police at the time such application is filed. Permit issuance or renewal fees required under this article shall be in addition to any license, permit, or fee required under any other chapter or article of this Code.
(Code 1965, § 6902; Ord. No. 83-20)
(2) Neither the filing of an application for a permit, nor renewal thereof, nor payment of an application or renewal fee, shall authorize the conducting of an escort bureau or introductory service until such permit has been granted or renewed.
(Code 1965, § 6902; Ord. No. 83-20)
(3) Each applicant for an escort bureau or introduction service permit, or renewal thereof, shall furnish the following information:
(Code 1965, § 6902; Ord. No. 83-20)
a. The present or proposed address where the business is to be conducted;
(Code 1965, § 6902; Ord. No. 83-20)
b. The full true name under which the business will be conducted;
(Code 1965, § 6902; Ord. No. 83-20)
c. The full true name and any other names used by the applicant;
(Code 1965, § 6902; Ord. No. 83-20)
d. The present residence and business addresses and telephone numbers of the applicant;
(Code 1965, § 6902; Ord. No. 83-20)
e. Each residence and business address of the applicant for the five-year period immediately preceding the date of filing of the application and the inclusive dates of each such address;
(Code 1965, § 6902; Ord. No. 83-20)
f. California driver's license or identification number and social security number of the applicant;
(Code 1965, § 6902; Ord. No. 83-20)
g. Acceptable written proof that the applicant is at least 18 years of age;
(Code 1965, § 6902; Ord. No. 83-20)
h. The applicant's height, weight, color of eyes and hair, and date of birth;
(Code 1965, § 6902; Ord. No. 83-20)
i. Two photographs of the applicant, at least two inches by two inches in size, taken within the six-month period immediately preceding the date of the filing of the application;
(Code 1965, § 6902; Ord. No. 83-20)
j. The business, occupation, or employment history of the applicant for the three-year period immediately preceding the date of the filing of the application;
(Code 1965, § 6902; Ord. No. 83-20)
k. The permit history of the applicant for the five-year period immediately preceding the date of the filing of the application, including whether such applicant, in previously operating in this or any other city, county, state, or territory, has ever had any similar license or permit issued by such agency revoked or suspended, or has had any professional or vocational license or permit revoked or suspended, and the reason or reasons therefor;
(Code 1965, § 6902; Ord. No. 83-20)
l. All criminal convictions suffered by the applicant, including ordinance violations but excepting minor traffic offenses (any traffic offense designated as a felony shall not be construed as a minor traffic offense), stating the date, place, nature, and sentence of each such conviction;
(Code 1965, § 6902; Ord. No. 83-20)
m. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, together with the state and date of incorporation, and the names, residence addresses, and dates of birth of each of its current officers and directors, and each stockholder holding more than five percent of the stock in the corporation. If the applicant is a partnership, the applicant shall set forth the names, residence addresses, and dates of birth of each of the partners, including limited partners and profit interest holders. If the applicant is a limited partnership, the applicant shall also furnish a copy of the certificate of limited partnership as filed with the County Clerk. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. The corporation or partnership applicant shall designate one of its officers or general partners to act as its responsible managing officer. Such designated person shall complete and sign all application forms required of an individual applicant under this article, but only one application fee shall be charged;
(Code 1965, § 6902; Ord. No. 83-20)
n. In the event the applicant is not the owner of record of the real property upon which the escort bureau or introduction service is or will be located, the application must be accompanied by a notarized statement from the owner of record of the property acknowledging that an escort bureau or introduction service is, or will be, located on the property. In addition to furnishing such notarized statement, the applicant shall furnish the name and address of the owner of record of the property, as well as a copy of the lease or rental agreement pertaining to the premises in which the escort bureau or introduction service is or will be located;
(Code 1965, § 6902; Ord. No. 83-20)
o. A description of the service to be provided;
(Code 1965, § 6902; Ord. No. 83-20)
p. The true names and residential addresses of all persons employed or intended to be employed as escorts;
(Code 1965, § 6902; Ord. No. 83-20)
q. Such other identification and/or information as the Chief of Police may require in order to discover the truth of the matters required to be set forth in the application.
(Code 1965, § 6902; Ord. No. 83-20)
(4) The applicant, if a natural person, or a designated responsible managing officer, if the applicant is a partnership or corporation, shall personally appear at the Police Department of the city and produce proof that the required application or renewal fee has been paid and shall present the application containing the information and supporting documentation required by subsection (e)(3) of this section.
(Code 1965, § 6902; Ord. No. 83-20)
(5) The Chief of Police may require the applicant, if a natural person, or the designated responsible managing officer, if the applicant is a partnership or corporation, to appear in person at the Police Department in order to be photographed and fingerprinted.
(Code 1965, § 6902; Ord. No. 83-20)
(6) When any change occurs regarding the written information required by subsection (e)(3) of this section, to be included in the application, the applicant or permit holder, as the case may be, shall give written notification of such change to the Chief of Police within 24 hours after such change.
(Code 1965, § 6902; Ord. No. 83-20)
(7) The Chief of Police shall have a reasonable period of time in which to investigate the application and background of the applicant. The Chief of Police, or his representative, shall, within 60 days after the date of the filing of the application, render a written recommendation to the City Manager as to approval or denial of the application for the permit, or renewal thereof.
(Code 1965, § 6902; Ord. No. 83-20)
(f) Grounds for approval and denial.
(1) The City Manager, within 30 days after receiving the application and aforementioned recommendation from the Chief of Police, shall grant the permit, or renewal thereof, only if he finds that all of the following requirements have been met:
(Code 1965, § 6902; Ord. No. 83-20)
a. The required fees have been paid;
(Code 1965, § 6902; Ord. No. 83-20)
b. The application conforms, in all respects, to the provisions of this article;
(Code 1965, § 6902; Ord. No. 83-20)
c. The applicant has not knowingly made a material misrepresentation of fact in the application;
(Code 1965, § 6902; Ord. No. 83-20)
d. The applicant has fully cooperated in the investigation of the application;
(Code 1965, § 6902; Ord. No. 83-20)
e. The applicant, if an individual; or any of the directors, officers, or stockholders holding more than five percent of the stock of the corporation; or any of the partners, including limited partners; the holder of any lien of any nature or profit interest holder, manager, or other person principally in charge of the operation of the existing or proposed escort bureau or introduction service; or a natural person employed or contracted with to be an escort or to provide escort services has not been convicted or pleaded nolo contendere or guilty to a misdemeanor or felony crime of moral turpitude or a misdemeanor or felony crime involving sexual misconduct, including, but not limited to, all offenses listed in Penal Code § 290, Penal Code §§ 311.2--311.7, Penal Code §§ 314--318, and subsection (a), (b), (c), (d), or (h) of Penal Code § 647, or any offenses involving pimping, pandering, prostitution, or lewd conduct; or has permitted, through an act of omission or commission, his employee or agent to engage in any type of moral turpitude or sexual misconduct offense, whether misdemeanor or felony. (Under such circumstances, the conduct of the employee or agent, if such resulted in a conviction or a plea of nolo contendere or guilty, will be considered imputed to the principal and shall be grounds for permit denial);
(Code 1965, § 6902; Ord. No. 83-20)
f. The applicant has not had an escort bureau, introduction service, or escort permit, or other similar license or permit, denied, suspended, or revoked for cause by the City of Concord or any other city or county located in or out of this state within the five-year period immediately preceding the date of the filing of the application;
(Code 1965, § 6902; Ord. No. 83-20)
g. The escort bureau or introduction service, as proposed by the applicant, would comply with all applicable city, county, and state laws, including but not limited to health, zoning, fire, and safety requirements and standards; and
(Code 1965, § 6902; Ord. No. 83-20)
h. The applicant, manager, or other person principally in charge of the operation of the business is at least 18 years of age.
(Code 1965, § 6902; Ord. No. 83-20)
(2) If the City Manager does not find that all of the requirements set forth in subsections (f)(1)a through h of this section have been met, he shall deny application for the permit, or renewal thereof. In the event the application for the permit, or renewal thereof, is denied, written notice of such denial shall be given to the applicant, specifying the ground or grounds of such denial. Notice of denial of the application for the permit, or renewal thereof, shall be deemed to have been served if it in fact is personally served on the applicant, or when deposited in the U.S. mail with postage prepaid and addressed to the applicant at the residence address set forth in the application for the permit or renewal thereof. Any applicant whose application for an escort bureau or introduction service permit, or renewal thereof, has been denied, may appeal such denial to the City Council, as provided in chapter 2, article II, division 2, of this Code.
(Code 1965, § 6902; Ord. No. 83-20)
(g) Sale or transfer. Upon the sale or transfer of any interest in an escort bureau or introduction service, the permit shall immediately become null and void. A new application shall be made by any person, firm, or entity desiring to own or operate the escort bureau or introduction service. A fee shall be payable for each such application in an amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services. Any application involving the sale or other transfer of any interest in an existing escort bureau or introduction service, as well as any permit which may thereafter be granted, shall be subject to the provisions of this article.
(Code 1965, § 6902; Ord. No. 83-20)
(h) Change of location or name of business.
(1) A change of location of any premises or real property where a permitted escort bureau or introduction service is conducted may be approved by the Chief of Police, provided all requirements of this article and all ordinances and regulations of the city are complied with and a change of location fee, as established by resolution of the City Council, is deposited with the Director of Finance. Application for such change shall be made within three days of such change.
(Code 1965, § 6902; Ord. No. 83-20)
(2) No permit holder shall operate an escort bureau or introduction service under any name or designation not specified in the permit.
(Code 1965, § 6902; Ord. No. 83-20)
Sec. 18-124. Age requirement for escorts.
No holder of an escort bureau or introduction service permit shall employ, as an escort, any person under 18 years of age.
(Code 1965, § 6903; Ord. No. 83-20)
Sec. 18-125. Escort permit.
(a) Required. It shall be unlawful for any person to act as an escort, unless there has been granted to such person a valid permit, pursuant to the provisions of this article. Such permit shall be issued to the address of the employer of the escort, who must in turn also hold a valid escort bureau or introduction service permit issued by the city, pursuant to the provisions of this article.
(Code 1965, § 6904; Ord. No. 83-20)
(b) Term. The term of an escort permit, unless sooner suspended or revoked, shall be for a period of one year.
(Code 1965, § 6904; Ord. No. 83-20)
(c) Renewal. An escort permit, issued pursuant to the provisions of this article, which has not been suspended or revoked, may be renewed for a period of one year on written application to the Chief of Police made at least 90 days prior to the expiration date of the current valid permit. The application for renewal of a permit shall contain all of the information required in subsection (e) of this section and shall be processed in accordance with the provisions of this article.
(Code 1965, § 6904; Ord. No. 83-20)
(d) Identification card. Each escort permit holder shall be issued an identification card which will also serve as an escort permit. The permit holder shall carry such card upon his person when acting as an escort and produce the same for inspection upon request. Each permit holder shall immediately surrender, to the Chief of Police, any escort permit issued by the city upon the suspension, revocation, or expiration of such permit, or upon leaving employment as an escort.
(Code 1965, § 6904; Ord. No. 83-20)
(e) Application.
(1) Any person desiring to obtain a permit, or renewal of an existing permit, to act as an escort, shall make application to the Chief of Police, or his designated representative. Prior to submitting such application for a permit, or renewal of a permit, a nonrefundable fee, as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services, shall be paid to the Department of Finance to defray, in part, the cost of the investigation and report required by this article. The Department of Finance shall issue a receipt showing that such permit application, or renewal fee, has been paid. The receipt, or a copy thereof, shall be supplied to the Chief of Police at the time such application is filed. Permit fees required under this article shall be in addition to any license, permit, or fee required under any other chapter or article of this Code.
(Code 1965, § 6904; Ord. No. 83-20)
(2) Neither the filing of an application for a permit, nor renewal thereof, nor the payment of an application or renewal fee shall authorize a person to act as an escort until such permit has been granted or renewed.
(Code 1965, § 6904; Ord. No. 83-20)
(3) Each applicant for an escort permit, or renewal thereof, shall furnish the information required by section 18-123(e)(3)a through l of this article and shall, in addition, furnish the following information:
(Code 1965, § 6904; Ord. No. 83-20)
a. A certificate from a medical doctor licensed to practice in the state, stating that the applicant has, within 30 days immediately preceding the date of the application, been examined and found to be free of any contagious or communicable disease;
(Code 1965, § 6904; Ord. No. 83-20)
b. Satisfactory evidence that the applicant is employed, or has been offered employment, by an escort bureau or introduction service holding a valid permit issued by the city, including the name and address of the employer or prospective employer and the fact that such employment, or continued employment, is contingent upon the issuance of said permit; and
(Code 1965, § 6904; Ord. No. 83-20)
c. Such other identification and information as the Chief of Police may require in order to discover the truth of the matters required to be set forth in the application.
(Code 1965, § 6904; Ord. No. 83-20)
(4) The Chief of Police may require the applicant to appear in person at the Police Department in order to be photographed and fingerprinted.
(Code 1965, § 6904; Ord. No. 83-20)
(5) The Chief of Police shall have a reasonable period of time in which to investigate the application and background of the applicant. The Chief of Police, or his representative, shall, within 60 days after the date of the filing of the application, render a decision as to approval or denial of the application for the permit or renewal thereof.
(Code 1965, § 6904; Ord. No. 83-20)
(f) Grounds for approval and denial.
(1) The Chief of Police shall grant the permit, or renewal thereof, only if he finds that all of the requirements of section 18-123(f)(1)a through d of this article have been met and, in addition, if he finds that the following additional requirements have been met:
(Code 1965, § 6904; Ord. No. 83-20)
a. The applicant has furnished an acceptable medical certificate in compliance with subsection (e)(3)a of this section;
(Code 1965, § 6904; Ord. No. 83-20)
b. The applicant has not had an escort bureau, introduction service, or escort permit, or other similar license or permit denied, suspended, or revoked for cause by the City of Concord or any other city or county located in or out of this state within the five years immediately preceding the date of the filing of the application;
(Code 1965, § 6904; Ord. No. 83-20)
c. The applicant is at least 18 years of age;
(Code 1965, § 6904; Ord. No. 83-20)
d. The applicant has not been convicted or pleaded nolo contendere or guilty to a misdemeanor or felony crime of moral turpitude or a misdemeanor or felony crime involving sexual misconduct, including, but not limited to, all offenses listed in Penal Code § 290, Penal Code §§ 311.2--311.7, Penal Code §§ 314--318, and subsections (a), (b), (c), (d), or (h) of Penal Code § 647, or any offenses involving pimping, pandering, prostitution, or lewd conduct.
(Code 1965, § 6904; Ord. No. 83-20)
(2) If the Chief of Police does not find that all of the requirements set forth in subsection (f) of this section have been met, he shall deny the application for the permit, or renewal thereof. In the event the application for the permit, or renewal thereof, is denied, written notice of such denial shall be given to the applicant, specifying the ground or grounds of such denial. Notice of denial of the application for the permit, or renewal thereof, shall be deemed to have been served if it in fact is personally served on the applicant, or when deposited in the U.S. mail with postage prepaid and addressed to the applicant at his residence address as set forth in the application for the permit, or renewal thereof. Any applicant whose application for an escort permit, or renewal thereof, has been denied may appeal such denial to the City Council, as provided in chapter 2, article II, division 2, of this Code.
(Code 1965, § 6904; Ord. No. 83-20)
(3) Changes. When any change occurs regarding the written information required by subsection (e) of this section, the applicant or permit holder, as the case may be, shall give written notification of such change to the Chief of Police within 24 hours after such change.
(Code 1965, § 6904; Ord. No. 83-20)
Sec. 18-126. Providing services to person under 18 years of age.
No holder of an escort permit shall escort, offer to escort, or perform any activity described in this article to any person under 18 years of age, except at the special instance and request of the parent, guardian, or other person in lawful custody of the person on whose behalf the escort or introduction service is engaged.
(Code 1965, § 6905; Ord. No. 83-20)
Sec. 18-127. Suspension or revocation of permit.
If the Chief of Police finds that any person holding a permit under the provisions of this article has violated any of the provisions of this article or conducts such business in such a manner as would have been grounds for denial of a permit, as set forth above, he may suspend or revoke the permit. No such suspension or revocation shall become effective until the permit holder has been notified, in writing, of the right of such permit holder to appeal the suspension or revocation pursuant to the provisions of chapter 2, article II, division 2, of this Code. Notification of the permit holder shall be made either by personal delivery or by certified or registered mail, return receipt requested, addressed to the permit holder at such permit holder's residence address as set forth on the application for a permit, or renewal thereof. If a timely appeal is filed, the suspension or revocation shall be stayed and shall become effective only upon decision of the City Council. Otherwise the suspension or revocation shall become effective after the timely appeal period has expired.
(Code 1965, § 6906; Ord. No. 83-20)
Sec. 18-128. Violations declared nuisance.
Any escort bureau or introductory service operated, conducted, or maintained contrary to the provisions of this article shall be and the same is hereby declared to be unlawful and a public nuisance; and the City Attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal or enjoinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such establishment and restrain and enjoin any person from operating, conducting, or maintaining an escort bureau or introductory service contrary to the provisions of this article.
(Code 1965, § 6907; Ord. No. 83-20)
Sec. 18-129. Penalty.
Any person violating any provision of this article shall be guilty of a misdemeanor and be punishable by section 1-23 of this Code. Revocation or suspension of a permit issued under this article shall not be a defense under this article.
(Code 1965,