CC Ordinance 2132*Changes indicated in bold text
ORDINANCE NO. 2132
BEING AN ORDINANCE OF THE CITY COUNCIL AND PEOPLE OF THE
CITY OF CAMPBELL AMENDING PROVISIONS OF THE CAMPBELL
MUNICIPAL CODE REGARDING BUSINESS LICENSE TAXES
The City Council and the People of the City of Campbell to ordain as follows:
SECTION ONE: This ordinance makes changes in various business license tax rates,
as well as consolidating various classifications of businesses. Where a reference to a
certain type or classification of business is deleted from the Municipal Code, it is the
intention of this ordinance that the deleted type or classification of business will be taxed
as provided for in the more general classification into which that type or classification of
business falls under Campbell Municipal Code section 5.04.010, unless some other
more specific provision applies. For example, kennels, animal hospitals, bowling alleys,
skating rinks, riding academies, shoe shines and auction galleries with fixed location in
the City shall be subject to the rates for commercial businesses; veterinarians would be
subject to the rates set forth for professional businesses; scavenger businesses, junk
dealers and junk collectors would be subject to the rates set forth for industrial
businesses; and businesses with no fixed place of business within the City that use a
motor vehicle in the conduct of his business in the City, and auctions conducted by
businesses that have their offices located outside the City shall be subject to the rate for
out of town businesses. The deletion of a certain type or classification of business shall
not be interpreted to mean that the business is exempt from payment of a business
license tax.
SECTION TWO: Section 5.01.010 of the Campbell Municipal Code is hereby amended
to read:
5.01.010 Exemption for charities, public utilities and non-commercial speech.
(a) Charities. The provisions of this title shall not be deemed or construed to require
the payment of a license fee to conduct any business or require the payment of any
license fee from any institution or organization which is conducted, managed, or carried
on wholly for the benefit of charitable purposes and from which profit is not derived,
either directly or indirectly by any individual, firm, or corporation; nor shall any license be
required for the conducting of an entertainment, dance, concert, exhibition or lecture on
scientific, historical, literary, religious, or moral subjects whenever the receipts from the
same are to be appropriated to any church or school, or to any religious or benevolent
purpose within the city; nor shall any license be required for the conducting of any
entertainment, dance, concert exhibition, or lecture whenever the receipts from the
same are to be appropriated for the purposes and objects for which such association or
organization was formed, and from which profit is not derived, either directly or
indirectly, by any individual, firm or corporation. Nothing in this section contained shall
be deemed to exempt any such institution or organization from complying with the
provisions of this title requiring such institution or organization to obtain a permit from
the city council or proper officer to conduct any business.
(b) Public Utilities. The terms and provisions of this chapter shall not be deemed nor
construed to apply to:
(1) Any public utility which makes an annual payment to city under a franchise or
similar agreement, and
(2) Any public utility subject to the provisions of the Public Utility Act of the state of
California, and the regulations of the Public Utilities Commission. It is provided further,
that the exemption contained in this section shall not be construed to preclude the city
from granting or requiring such franchises and agreements providing for annual
payment to the city as may now or hereafter be authorized by the laws of the state of
California, nor to vitiate any franchise or agreement heretofore entered into by any
public utility and city.
(c) Non-commercial speech. The provisions of this Title shall not be deemed or
construed to require the payment of a license tax from any person, institution or
organization to engage in non-commercial speech protected by the First
Amendment of the United States Constitution or Article I, section 2 of the
California Constitution. For purposes of this subsection, non-commercial speech
shall mean speech that does not directly or indirectly name, advertise, promote,
propose or call attention to a business, product, accommodation, service or other
commercial activity, or commercial transaction, or otherwise involve a
commercial transaction.
SECTION THREE: Section 5.04.010 of the Campbell Municipal Code is hereby
amended to read:
5.04.010 Designated.
Every person conducting businesses, professions and activities in the city, the primary
nature of which is indicated in the following schedule, shall annually pay the license tax
set opposite the same, based upon the average number of employees in such business,
according to the following schedules, unless such business is otherwise specifically
taxed by other provisions of this chapter:
Commercial:
(Schedule I) 1 to 5 employees $ 110
6 to 15 employees 175
16 to 50 employees 250
51+ employees 500
Industrial and
manufacturing:
(Schedule II) 1 to 5 employees $110
6 to 50 employees 175
51 + employees 300
2
Professional:
(Schedule III) 1 to 3 employees $ 110
4 to 10 employees 200
11 to 50 employees 350
51+ employees 500
Hotels: $150 per year plus
$3/room
Live commercial entertainment: $300
Massage establishment: $200
Massage therapist: $110
Mobile home parks and trailer courts: $200 per year plus
$2/unit
Out-of-town business: $90
Rental or income producing residences
located on single or contiguous parcels of
land:
$60 per year for the first unit plus
$3.00 for each additional unit.
(Owners occupying one unit of a 3 or more unit building are entitled to a $3
exemption if said owner files an affidavit with the City sleek claiming the exemption.)
Taxicab or limousine service: $110 per year plus $20
per vehicle
Theaters: $400
Solicitors: $300 per year
SECTION FOUR: Sections 5.04.030, 5.04.040 and 5.04.050 of the Campbell Municipal
Code are hereby deleted.
SECTION FIVE: Section 5.08.010 of the Campbell Municipal Code shall be amended to
read:
5.08.010 Activities designated--Fees.
No person shall conduct any of the following businesses and activities in the city
without first securing a permit therefor from the city council on written application filed
therefor with the City Clerk, approved by the Chief of Police, the Chief of the Fire
Department, and the Zoning Officer of the city. The application shall comply with the
requirements of section 5.08.020. The following are the activities regulated by this
chapter and the license fee therefor:
(1) Amusement concession, when not connected with any
fair or carnival, for each $ 6.00 per day.......... $6.00 per day,
(A) Merry-go-round.......... 6.00 per day,
(B) Ferris wheel.......... 6.00 per day,
(C) Scenic railway.......... 6.00 per day,
(D) Shoot the chutes.......... 6.00 per day,
(E) Dodge 'em.......... 6.00 per day,
(F) Swing.......... 6.00 per day,
(G) Any mechanical device for carrying
passengers..........
6.00 per day,
(H) Ball-throwing game.......... 6.00 per day,
(I) Ring-throwing game.......... 6.00 per day,
(J) Fortune or other wheel games.......... 6.00 per day,
(K) Shooting gallery.......... 6.00 per day,
(L) Keno, lotto or other and similar games.......... 6.00 per day;
~2) Skee ball, bat ball or other similar device, equipment or
entertainment..........
15.00 per year;
(3) Boxing or wrestling bout.......... 25.00 per day;
4
~ ~ Circus, menagerie or wild west show or like exhibition
under or enclosed by canvas, first day..........
200.00
Each additional day.......... 100.00 per day;
(5) Festival, fair or carnival, first day.......... 300.00
Each additional day.......... 100.00 per day;
~6) Fire and/or bankruptcy and/or wreck sale, first
day.......... 50.00
4
Each additional day.......... 25.00 per day;
Grinding and/or sharpening knives, scissors, cutlery,
~7) lawn mowers, etc., when the person conducting such 25.00 per year;
business travels from place to place by vehicle or on
foot..........
(8) Hypnotism.......... 400.00 per year;
(9) Itinerant medicine vendor, street vendor, temporary 30.00 per day;
vendor and/or peddler..........
Occult science, including astrology, palmistry,
phrenology, life reading, fortunetelling, cartomancy,
clairvoyance, crystal gazing, mediumship, prophecy,
(10) augury, divination, magic or necromancy, when the 300.00 per year;
person who conducts same demands or receives a fee
for the exercise or exhibition of his art therein either
directly or indirectly or as a gift or donation, or charges
admission..........
(11) Pawnbroker.......... 300.00 per year;
Same as
(12) Used motor vehicle dealer.......... Commercial per
Municipal Code
section 5.04.010
(13) Billiard and/or pool room.......... 200.00 per year;
(14) Dancehall, public dances.......... 100.00 per year;
(15) Mechanical amusement device and contraptions and See section
vending machines.......... 5.08.080
(16) Sideshow.......... 25.00 per day;
SECTION SIX: Section 5.08.020 of the Campbell Municipal Code shall be amended to
read:
5.08.020 Contents of applications.
The written application provided for in Section 5.08.010 for any activities,
businesses and trades enumerated in Sections 5.08.010 and 5.28.010 shall set forth the
following:
(1) The name and address of the applicant;
(2) The name and address of the person by whom employed, if any;
(3) The nature of the business for which a permit is requested and the number of
persons to be employed, both male and female;
(4) Where applicable, a brief description of the nature and amount of equipment to be
used in such business;
(5) The place where such business is to be conducted;
(6) The personal description of the applicant;
(7) The applicant shall also be required to furnish evidence of his identity, of such
character as the City Council may require, and shall also be required to furnish his
fingerprints and thumbprints;
(8) All applications must be accompanied by any and all license fees prescribed by
this Title, as well as any and all applicable regulatory fees as set by City Council
resolution to defer the cost of any applicable regulatory program to which the
activity, business or trade is subject, and shall be filed with the City Clerk. Such
applications shall be reviewed by the Chief of Police, Chief of the Fire Department and
the Building and Zoning Enforcement Officers, who shall submit their findings to the City
Council to assist the council in determining whether or not the application shall be
granted or denied.
The City Council, on granting a permit, may impose such conditions as it finds
reasonable. The City Council may deny a permit if it finds that the activity applied for or
the location thereof will create a public nuisance.
SECTION SEVEN: Section 5.08.050 of the Campbell Municipal Code is hereby deleted.
SECTION EIGHT: Section 5.08.080 is hereby amended to read:
5.08.080 Amusement devices.
Every person commencing or carrying on the business of rental, lease or
operation of amusement devices or vending machines within the city shall pay to the
City Cterk an annual license fee in the amount set forth in the following schedule:
Number of Machines Fee
1 - 5 $ 90.00
6 - 10 175.00
11 - 50 300.00
51 + 500.00
SECTION NINE: Section 5.12.100 is hereby amended to read:
5.12.100 Regulatory Fee.
Any person, firm, or corporation owning or operating a kennel, pet shop or other
animal establishment shall pay an annual regulatory fee, as established by resolution
of the City Council, in addition to any other license fee imposed by this Title.
SECTION TEN: Section 5.12.120 is amended to read:
5.12.120 Renewal.
The procedure for the renewal of any license shall be subject to the same
conditions and shall be done in the same manner as the issuance of an original license.
SECTION ELEVEN: The last sentence of subsection (a) of section 5.24.010 of the
Campbell Municipal Code, which presently reads, "The license fee therefor shall be one
hundred dollars per year,°° is hereby amended to read: The City Council shall by
resolution establish the regulatory fee to be paid upon application for this permit.
SECTION TWELVE: Subsection (b) of Campbell Municipal Code 5.28.020 is hereby
amended to read:
(b) The annual regulatory fee for any permit or application under this Chapter
shall be set by the City Council, which shall be in addition to any other fee provided in
this Chapter.
SECTION THIRTEEN: Section 5.29.270 of the Campbell Municipal Code is hereby
amended to read:
5.29.270 Regulatory fee.
A regulatory fee in an amount established by resolution of the City Council shall
be paid at the time of issuance of a bingo license, and at the time of each renewal of
said license, in addition to any business license fee due under this Title. If an
application for a license is denied, one-half of any regulatory fee paid shall be refunded
to the organization.
SECTION FOURTEEN: Section 5.40.030 of the Campbell Municipal Code is amended to read:
5.40.030 Owners license.
It is unlawful to operate any taxicab in the city unless the owner thereof applies
for and obtains a license so to do, which license shall be applied for, granted, and in
effect, all in compliance with the provisions of this Chapter. The owner shall pay an
annual regulatory fee as established by resolution of the City Council in addition
to any business license fee imposed pursuant to this Title.
SECTION FIFTEEN: Section 5.44.080 is hereby amended to read:
5.44.080 Term of permit.
All licenses issued under this Chapter shall be for a term of one year, renewable on
written notice to the Chief of Police and accompanied by the payment of a regulatory
fee established by resolution of the City Council in addition to any annual business
license fee required by this Title. Such renewal, however, shall be subject to the
recommendation of the Chief of Police.
SECTION SIXTEEN: Subsection (c) of Campbell Municipal Code section 5.50.030 is
hereby amended to read:
(c) The application shall be accompanied by payment of a regulatory fee established
by resolution of the City Council, which shall be in addition to any business
license fee imposed pursuant to this Title.
SECTION SEVENTEEN: Subsection (b) of Campbell Municipal Code section 6.04.160
is hereby amended to read:
(b) Contractor shall have the sole and exclusive right for refuse collection services
provided for in this code as it relates to all residential areas, to each single-family
dwelling, to all multiple apartment units, to all commercial, business, industrial, and
manufacturing establishments, located within the city boundaries of this city, with the
following exceptions:
(1) That whenever a commercial, business, industrial or manufacturing establishment
produces rubbish or debris that has resaleable value, it may negotiate with a scavenger
company other than the contractor under contract with the city, for the opportunity of
selling these specific items. The scavenger company providing this service must receive
a permit issued by the fire chief or his delegated representative and obtain a business
license pursuant to Title 5 of this Code.
(2) In those cases where a commercial, business, industrial or manufacturing
establishment can show to the satisfaction of the fire chief or his delegated
representative that the contractor under contract with the city cannot provide the
necessary service required by said establishment, the fire chief may grant a permit for a
scavenger company other than the contractor to provide service to the establishment.
Scavenger company requesting this permit must also obtain a business license
pursuant to Title 5 of this Code.
SECTION EIGHTEEN: Section 6.08.040 of the Campbell Municipal Code is hereby
amended to read:
6.08.040 Regulatory Permit fee.
The regulatory permit fee for conducting a restaurant or food establishment shall be as
established by resolution of the City Council.
SECTION NINETEEN: Section 7.14.030 shall be amended to read:
7.14.030 Permit period and regulatory fee.
The fee for a permit to keep or maintain dangerous animals shall be as established by
resolution of the City Council for atwelve-month term. The permit shall expire and be
renewable as set forth in Section 7.20.040.
SECTION TWENTY: Section 5.01.170 is hereby added to Chapter 5.01 of the Campbell
Municipal Code to read as follows:
5.01.170 Council Authority to Increase License Taxes. The City Council may by
ordinance increase the amount of any tax set forth in this Title by no more than
two percent per year to account for inflation.
SECTION TWENTY-ONE: The proceeds of any taxes increased or extended by this
ordinance shall be deposited in the City's general fund for use by the City for any of the
City's general expenses, such as, without limitation or necessary inclusion 911
emergency responses, firefighting efforts, police patrols, crime prevention, city streets
and pothole repair, after-school programs for children/teens and nutrition programs for
seniors. The taxes referenced in this ordinance shall be collected as provided in the
Campbell Municipal and applicable law. There will be independent annual financial
audits.
SECTION TWENTY-TWO: Nothing contained in this ordinance shall be construed as a
limitation of the City Council's authority to establish and adjust regulatory fees to cover
or off-set the cost of any lawfully adopted regulatory program, above and beyond the
amount of any business license tax. The City Council may also amend, revise, or clarify
any provision of the various Titles or Chapters of the Campbell Municipal Code
referenced in this ordinance without additional approval of the voters, so long as those
amendments, revisions or clarifications do not increase or extend any tax.
SECTION TWENTY-THREE: This ordinance shall take effect on July 1, 2011, provided
that the tax increases and extensions set forth herein are approved by a majority of the
votes cast by voters voting on the measure by which such increase and extensions are
presented to them.
PASSED AND ADOPTED this 3rd day of August 2010, by the following roll call vote of
the City Council of the City of Campbell:
AYES :Councilmembers: xotowski, Kennedy, Furtado, Baker, Low
NOES :Councilmembers: crone
ABSENT : Councilmembers: crone
ABSTAIN: Councilmembers: None
APPROVED:
Evan D. Low, Mayor
ATTEST:
:1
Anne Bybee, City Clerk