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Home My WebLink About1368 - Title 5ORDINANCE NO. 1 3 6 8 AN ORDINANCE OF THE CITY OF NEWPORT BEACH REPEALING CHAPTERS 5.04 AND 5.08 OF THE NEWPORT BEACH MUNICIPAL CODE, AND ADDING THE FOLLOWING NEW CHAPTERS TO SAID CODE: 5.04, ENTITLED "GENERAL PROVISIONS "; 5.08, ENTITLED "LICENSE FEE CATEGORIES; 5.11, ENTITLED "SPECIAL REGULATIONS The City Council of the City of Newport Beach does ordain as follows: SECTION 1. Chapter 5.04, entitled "Business and Occupations -- Generally" and Chapter 5.08, entitled "License Fee Schedules ", of the Newport Beach Municipal Code, are hereby repealed. SECTION 2. Chapter 5.04, entitled "General Provisions ", is added to the Newport Beach Municipal Code to read: Sections: 5.04.010 5.04.020 5.04.030 5.04.040 5.04.050 5.04.060 5.04.070 5.04.080 5.04.090 5.04.100 5.04.110 5.04.120 5.04.130 5.04.140 5.04.150 5.04.160 5.04.170 5.04.180 5.04.190 5.04.200 5.04.210 5.04.220 5.04.230 5.04.240 5.04.250 5.04.260 "CHAPTER 5.04 GENERAL PROVISIONS Definitions. License and Tax Payment Required. Branch Establishments and Separate Businesses. Evidence of Doing Business. Constitutional Apportionment. Exemptions. Exemption -- Charitable and Nonprofit Organizations. Exemption -- Disabled Veterans. Minor's Exemption. Exemption for Artists and Art Exhibits. Application for License. Processing of Application. Issuance of License -- Contents. Error in Fee Nonprejudicial. Error in Terms Voids License. Unpaid Fees. Duplicate License. License Nontransferable. Posting and Keeping of License. Payment and Term of License. Penalties for Delinquency. License Fee a Debt. Business Requiring Food Handling. Business Requiring Certificate of Occupancy. Refunds. Enforcement- -Right of Entry. -1- z L 5.04.270 Extension of Time. 5.04.280 Appeal. 5.04.010 Definitions. (a) "Business" shall mean arts, professions, trades and occupations and all and every kind of calling, whether or not carried on for profit. (b) "Operate" shall mean and include manage, control or carry on. (c) "Person" shall mean and include all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, Massachusetts, business, or common law trusts, societies, and individuals transacting and carrying on any business in the City other than as an employee. 5.04.020 License and Tax Payment Required. Except when operating under a permit issued pursuant to Chapter 5.16, no person, either for himself or any other person, shall operate any business specified in this Title in the City without first having obtained a license from the City to do so, or without complying with any and all regulations of such business contained in this Title; and the carrying on of any such business without first having obtained a license from the City to do so, or without complying with any and all rwgulations of such business contained in this Title, shall constitute a separate violation of this Title for each and every day that such business is so carried on. 5.04.030 Branch Establishments and Separate Businesses. A separate license must be obtained for each branch estab- lishment 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 -2- 0 location or in the manner designated in such license. 5.04.040 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 indi- cating that he is in business in the City, and such person fails to deny by a sworn statement given to the License Supervisor that he is not conducting a business in the City, after being requested to do so by the License Super- visor, then these facts shall be considered prima. facie evidence that he is conducting a business in the City. 5.04.050 Constitutional Apportionment. None of the license taxes provided for by this Title shall be so applied as to occasion an undue burden upon interstate commerce or be violative of the equal protection and due process clauses of the Constitutions of the United States and the State of California. 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 Finance Director for an adjustment of the tax. Such application may be made before, at, or within six months after payment of the pre- scribed license tax. The applicant shall, by sworn statement and supporting testimony, show his method of business and the gross volume or estimated gross volume of business and such other information as the Finance Director may deem necessary in order to determine the extent, if any, of such undue burden or violation. The Finance Director shall then conduct an investigation, and, after having first obtained -3- the written approval of the City Attorney, shall fix as the license tax for the applicant, an amount that is reasonable and non - discriminatory, or if the license tax ha.s already been paid, shall order a refund of the amount over and above the license tax so fixed. 5.04.060 Exemptions. Nothing in this Chapter shall be deemed or construed to apply to any person transacting and carrying on any business exempt by virtue of the Constitution or applicable statutes of the United States or of the State of California from the payment of such taxes as are herein prescribed. Any person claiming an exemption pursuant to this section shall file a sworn statement with the Finance Director stating the 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 Chapter. The Finance Director 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 Chapter. The Finance Director, after giving notice and a reasonable opportunity for hearing to a licensee, may revoke any license granted pursuant to the provisions of this section upon information that the licensee is not entitled to the exemption as provided herein. 5.04.070 Exemption -- Charitable and Nonprofit Organizations. The provisions of this Title shall not be deemed or construed to require the payment of a license tax to conduct, manage, or carry on any business, occupation, IM t y • go event, or activity, from any institution or organization which is conducted, managed or carried on for the benefit of religious, charitable, philanthropic or educational purposes; provided that convincing evidence is furnished to the Finance Director which establishes that not less than 75% of the gross receipts derived.from any such business, occupation, event or activity will be devoted to religious, charitable, philanthropic or educational purposes. This section shall not be deemed to exempt any such institution or organization from complying with any other provisions of this Code requiring a permit from the City. 5.04.080 Exemption -- Disabled Veterans. Every honorably discharged soldier, sailor, marine, or .airman of the United States, who is physically unable to obtain his livelihood by means of manual labor and who is a qualified voter of the State of California, shall have the right to hawk, peddle and vend any goods, wares or merchandise owned by him, except spirituous, malt, vinous or other intoxicating beverages, without the payment of a license fee, subject, however, to the restrictions, limitations, regulations and conditions hereinafter set forth. (a) Every applicant must comply with the following requirements before a license may be issued under the provisions of this section: 1. Every applicant must furnish a certificate of physical disability executed by a qualified surgeon of the United States Army, Navy, or Air Force, a certificate of honorable discharge from the United States Army, Navy, Marines, or Air Force, and a written recommendation from the representatives of the local posts of the -5- 0 6 American Legion and the Veterans of Foreign Wars. 2. Every applicant must furnish two identification photographs, one to be attached to the license issued to said applicant, and the other to be attached to the copy retained by the License Supervisor. The applicant must also sign both copies of said license at the time of the issuance thereof. (b) A license when issued is subject to the following conditions: 1. It is non - transferable -and for the exclusive use of the licensee named. 2. Applicant's identification photograph must be attached to said license at all times, and failure to comply herewith is grounds for revocation of said license and -for refusing its renewal or the issuance of a new license thereafter. 3. Should a license be found in the possession of one other than the licensee named, it shall be surrendered up to the License Supervisor and canceled, and neither the licensee named nor the holder thereof shall thereafter be entitled to hold a license under the provisions of this section. is 4. The licensee named must identify himself by his signature whenever required to do--so by the police officers, license inspector, or License Supervisor of the City. 5. Whenever the licensee uses any wagon, cart, tray, basket or other vehicle or receptacle in vending any such goods, wares, or merchan- dise, said license shall be carried in a license holder attached-.to s.aid vehicle or receptacle and in plain view. (c) It shall be unlawful for any person, other than the licensee named, to use or have in his possession any license issued pursuant to the provisions of this section. (d) No person shall purchase or transfer any license issued pursuant to the provisions of this section, or transfer or convey the certificates mentioned in paragraph (a) 1. above, to any other person for the purpose of securing a license as herein provided for. I- r� 5.04.090 Minor's Exemption. Any person under 16 years of age whose annual gross income from any business done within the City is less than Eight Hundred Dollars ($800.00) shall be exempt from the requirements of this Title. 5.04.100 Exemption. ..for-: :Ar.tis.ts.:and__Ar.t_Exhibits. A business license shall not be required of. individual artists for the exhibition or display of paintings, sculpture, photographs or other fine arts in public buildings, art galleries, or in any business establish- ment if the exhibition or display is incidental to the primary business conducted on the premises, and is primarily for cultural and educational purposes. Any artist shall be exempt from the requirements of this Title if the sales of his art work within the City do not result in annual gross receipts in excess of One Thousand Dollars ($1,000.00). 5.04.110 Application for License. Before any license is issued to any person, such person shall make application therefor to the Finance Director. Applicant must state the name of the party to whom the license is to be issued; the nature of the trade or business to be pursued; the place or places where such business will be conducted and such other information as may be necessary for the enforcement of the provisions of this Title. 5.04.120 Processinq_of..- App.l.ication. Upon appli- cation being made as provided in Section 5.04.110, and when the applicant has tendered the license fee required, the Finance Director shall process the application. If it is an application for a license for a new business or if he deems it necessary, he shall submit it to other -7- 0 departments as necessary, including the-Health Officer, if health and sanitation may be affected., to..determine whether the business and premises to b,e.o.ccupied meet r the requirements of state law and City ordinances. 5.04.130 Issuance.of._hicens.e -- Contents. Upon receiving the approval of departments to.which the application has been referred and, where necessary, the approval of the City Manager, the Finance Director shall prepare and issue the license showing upon the face of each license the following: (a) name of business and location; (b) business license number; .(c) type of business by code; (d) date of issuance; (e) date of expiration; (f) term of license; and (g.) business mailing address. 5.04.140 Error in.Fee Nonprejudicial. In no case shall any mistake by any officer or employee of the City in stating the amount of a license fee prevent or prejudice the collection by the City of what .should be actually due from any person carrying.on.a business subject to a license under the provisions_nf_ this Title. 5.04.150 Error in.-,Terms voids - License. The payment of any license fee required by this Title, its acceptance by the City, and the issuance of such license to any person shall not entitle the holder thereof to carry on any business called for by the license unless he has complied with all requirements of this Code, or to carry on any business at any location contrary to the City's zoning regulations. 5.04.160 Unpaid Fees. No license for any 4P succeeding, current or unexpired license period shall knowingly be issued to any person who, at the time of -8- making application for any license, is indebted to the City for any.unpaid license fee. 5.04.170 Duplicate.License. The Finance Director shall charge a fee of Two Dollars ($2.00.) for .each .dupli- cate license issued to replace any license_.is.sued under the provisions of this Title, which has been lost or destroyed, upon reasonable proof thereof. 5.04.180 License Nontransferable. Each license granted or issued under any provision of-this Title shall authorize the licensee to transact or carry on the business therein named, at the place therein designated and at no other.place and the license shall not be ,assignable or transferable. A change of location shall b:e.allowed to the holder of the license upon the payment to the Finance Director of the sum of Ten Dollars ($10...00) within thirty (30) days of such change taking place. If licensee fails to apply for change of addr.es.s within thirty (30) days of such change taking place, his...lieense shall terminate and expire at midnight of the thirtieth-(30th) day. In the event of any such termination and expiration of a license, there shall be no rebate of any portion of the tax or fee paid by such licensee and in any application for a new license, there shall be no proration of the required tax or fee. 5.04.190 Posting and Keeping of License. (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. (b) Any licensee transacting and carrying on business but not operating at a fixed place Orem i • 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 was issued. (c) Whenever identifying stickers, tags, plates or symbols have been issued for each.vehicle, device, machine or other piece of equipment included in the measure of a license tax, the per.son_to, whom such stickers, tags, plates or symbols have been issued shall keep firmly affixed upon each vehicle, device, machine, or piece of equipment the identifying sticker, tag, plate or symbol which has been issued therefor at such locations as are designated by the Finance Director. ..Such sticker, tag, plate or symbol shall not be removed from any vehicle, device, machine, or piece of equipment kept in use, during the period for which the sticker, tag, plate or symbol is issued. 5.04.200 Payment and Term of License. All licenses as set forth in Chapter 5.08 shall be issued for the calendar.year or any remaining portion thereof, and shall expire on December 31st of each year. Payment of the Business License Tax shall accompany an application for any new business. Renewals of business licenses shall be paid on January 1st of each year and shall be delinquent on.February 1st. 5.04.210 Penalties for Delinquency. For failure to pay a license tax when due, the Finance Director shall add a penalty of 25% of said license tax on the last day of each month after the due date thereof, providing that the amount of such penalty to be added shall in no event exceed 100% of the amount of the license tax due. -10- 5.04.220 License Fee a Debt. The amount of any license fee and penalty imposed by the provisions of this Title shall be deemed a debt to the City of Newport Beach and any person carrying on any business.without first having procured a license from the City so to do shall be liable to an action in the name of - the...C.it.y in any court of competent jurisdiction, for the ... amount of license fee and penalties imposed on.-such business. 5.04.230 Business Requiring Food Handling. Where a business is required by law to have a food handling permit, no license shall be issued until the Orange County Health Department and the City Building.and Safety Department have inspected and approved the premises. 5.04.240 Business Requiring..Certi £ icate.,of Occupancy. All commercial, industrial, and miscellaneous buildings constructed within the City which are to house a business requiring a City license must have a Certificate of Occupancy issued by the City Building and Safety Department before a license to operate the business may be issued. Any existing buildings which are structurally altered to house a business requiring a City license must also have -a Certificate of Occupancy issued by the City Building and Safety Department before a license to operate said busine.s.s may issued. 5.04.250 Refunds. The License Supervisor, with the approval of the Finance Director, may refund any license fee or.penalty which he determines was erroneously collected, but no license fee shall be refunded if, prior to his application for a license, the applicant has engaged in the business for which the license is sought. 5.04.260 Enforcement - -Right of Entry. (a) Enforcement: It shall be the duty of the Finance Director to enforce each -11- I a L J and all of the provisions of this Title, and the Chief of Police shall render such assistance in its enforcement as may from time to time be required by the Finance Director. (b) Right of Entry: The Finance Director and each and all of his assistants, and any police officer or City employee who$e job includes the inspection of the business license, shall have the power and authority to enter, free of charge, and at any reasonable time, any place of business required to be licensed and demand an exhibition of its license certificate. Any.person having such license certificate theretofore issued in his possession or under his control, who willfully fails to exhibit the same on demand shall be guilty of a misdemeanor and subject to the penalties provided for by the provisions of this Title. 5.04.270 Extension of Time. In addition to all other power conferred upon him, the Finance Director shall have the power, for good cause shown, to extend the time for filing any required sworn statement or application for a period not to exceed thirty (30) days, and in such case, to waive any penalty that would otherwise have accrued, except that 1% simple interest shall be added to any tax determined to be payable. 5.04.280 Appeal. Any person aggrieved by any decision of the Finance Director with respect to the issuance or refusal to issue such license may appeal to the City Council by filing a notice of appeal with the City Clerk. The City Council shall thereupon fix a time and place for hearing such appeal. The City Clerk shall give notice to such person of the time and place for hearing by serving it personally or by depositing it -12- L in the United States mail at Newport.Beach, California, postage prepaid, addressed to such person,at..his last known address. The Council shall have authority to determine all questions raised on such. appeal. No such determination shall conflict with any.substantive pro- vision of this ordinance. SECTION 3. Chapter 5.08, entitled. "License Fee Categories" is added to the Newport Beach.. Municipal Code to read: Section: 5.08.010 5.08.020 5.08.030 5.08.040 5.08.050 5.08.060 5.08.070 5.08.080 5.08.090 5.08.010 "CHAPTER 5.08 LICENSE FEE 'CATEGORIES Basic License Fee Businesses Not Having Fixed Place of Business Within the City Pet Zoos Coin Machines Games of Skill or Amusement Penny Arcade in the "Fun Zone" Amusement Businesses in the "Fun Zone" Merry -go -round or Similar Devices Soliciting and Peddling. Basic License Fee. Every person carrying on any business shall pay an annual license fee of Fifty Dollars ($50.00) unless a different fee is specified elsewhere in this Code for that particular business. 5.08.020 Businesses Not Having Fixed Place of Business Within the City. Every person not having a fixed place of business within the City who engages in any business, trade, occupation or calling within the City, shall pay a license fee of Seventy Dollars ($70.00) per year unless a different fee for a particular business, trade, occupation or calling is specified elsewhere in this Code. -13- • . - `1 5.08.030 Pet Zoos. The license fee for a pet zoo shall be Seventy Dollars ($70.00) per year for each separate location at which the animals are exhibited. 5.08.040 Coin Machines. Every person engaging in, managing, or carrying on the business of leasing, renting or maintaining any coin operated vending machine or device, not otherwise licensed under this Title shall pay an annual license fee on the basis of the following schedule: (a) For stamp vending machines ....... . ........ $ 2.00 (b) For bulk vending machines ................... $ 1.00 For each machine or device charging 1¢ to and including 9¢ ....................... . .. $ 1.00 If a license for any coin machine has not been obtained by the person responsible for placing said machine at any apartment house or business premises, the owner of the apartment house or business premises shall be liable for the license tax payable for said coin machine. For purposes of this Title, a "bulk vending machine" is defined as a non - electrically operated vending machine, containing unsorted confections, nuts or merchan- dise which, upon insertion of a coin dispenses the same in equal portions, at random and without selection by the 46 customer. -14- For each such machine or device charging 10¢ and over ... ............................... $ 2.00 (c) For music machines, such as juke boxes...... $12.00 (d) For all other machines or devices: For each machine or device charging 1¢ to and including 4¢ ............................ $ 2.00 For each machine or device charging 5¢ to and including 9¢ ............................ $ 6.00 For each machine or device charging 10¢ and over ........ ............................... $12.00 If a license for any coin machine has not been obtained by the person responsible for placing said machine at any apartment house or business premises, the owner of the apartment house or business premises shall be liable for the license tax payable for said coin machine. For purposes of this Title, a "bulk vending machine" is defined as a non - electrically operated vending machine, containing unsorted confections, nuts or merchan- dise which, upon insertion of a coin dispenses the same in equal portions, at random and without selection by the 46 customer. -14- Ll • All coin machine licenses._shall be issued on a calendar year basis and shall expire_on.December 31st of each year. The license tax for coin-machines shall be due on January 1st of each year and shall,..be,..delinquent on February 1st. Licenses issued for .por.tions.of,.a year shall not be pro- rated. In the event a coin machin.e.remains unlicensed thirty (30) days after first notification, the City may seize such machines and hold them....as..,security for the payment of the license fee, and until, license is obtained or renewed, and in the event the person owning or having control or possession of the machine shall fail, within a period of thirty (30) days to obtain a license or pay any license due, then and in that event the machine shall be disposed of as follows: The machine or machines or so many thereof shall be sold to satisfy the amount of license fees due the City and any.machine or machines not.sold shall be returned to the owner thereof.: and provided further that in the event the machine or machines be sold for a sum less than the amount of the license fee then the operator of the machines shall, nevertheless, remain liable for the balance of such license fees due and unpaid thereon. 5.08.050 Games of Skill or.:Amusement. The license fee for a machine, game or device of skill or amusement not prohibited by this Title and not otherwise licensed as a machine, game or device owned by the licensee of a penny arcade or an amusement business or concession in the "fun zon & "; for each such game, Fifty Dollars ($50.00) annually. For each station, seat, chair, handle or other facility for use by a patron in excess of eight on -15- 1 L • such machine, game or device of skill or amusement, the fee shall be Six Dollars ($6.00) annually. . Any licensee who permits such a machine, game or device of skill or amusement to be operated in his place of business when the same is not licensed by someone else is obligated to obtain a license,for .such machine, game or device and pay the fee therefor. 5.08.060 Penny Arcade in the "Fun Zone ". For each penny arcade in the area bounded by Main Street, Bay Avenue, Palm Street and Newport Bay, the license fee shall be ............ ............................... $50.00 For each station, seat, chair.,. handle or other facility for use by a patron on a machine, game or device in a penny arcade in the "Fun Zone" owned by the licensee of the.penny arcade or for each machine, game or device in a penny arcade owned by the licensee of the penny arcade that accommodates a single player, the license fee shall be ....................... $ 6.00 5.08.070 Amusement..B.usineas -in the "Fun Zone ". For each business or concession in the area bounded by Main Street, Bay Avenue, Palm Street and Newport Bay, where a substantial portion thereof derives from fur- nishing amusement to the public, including pan game, penny pitch, throwing or tossing game, shooting gallery, baseball throw, dart throw and other similar things with the principal utility of amusement, the fee shall be Fifty Dollars ($50.00). For each station, seat, chair, handle or other facility for use by a patron on a machine, game or device in such amusement business or concession owned by the licensee of the amusement business or concession or -16- • it for each machine, game or device in such amusement business or concession owned by the licensee of the amusement business or concession that accommodates a single player, the fee shall be Six Dollars ($6.00) annually. 5..98.080 Merry -go -round or Similar Devices. The license fee for each merry -go- round, circular swing, scenic railroad, ferris wheel, airplane glide, swing or similar device shall be Fifty Dollars.($50.00) annually. 5.08.090 Soliciting and Peddling. The license fee shall be Two Hundred Dollars.($200.00) annually for each individual who: (a) Solicits either by sample or otherwise the purchase of goods, wares, merchandise, services, magazines, periodicals or other.publications, or subscriptions for the same; or (b) Distributes goods, wares, merchandise, or services of any kind from house to house, or upon any street, sidewalk, alley, or in any park or public place in the City; or (c) offers to any person, or distributes to any person, any coupon, certificate, ticket or card which is redeemable in goods, wares, merchandise or services of any kind. The foregoing licensing requirement shall not be applicable to persons engaged in the activities of soliciting subscriptions for, selling, or distributing regularly published newspapers, or to any person engaged in, or acting as an agent for, any business entitled to an exemption from local taxation by reason of its being engaged in interstate commerce. -17- . . ' e No business license under this Section shall be issued to any person who has not first obtained an identification card pursuant to Chapter 5.09. SECTION 4. Chapter 5.11, entitled. "Special Regulations" is added to the Newport Beach Municipal Code to read: "CHAPTER 5.11 SPECIAL REGULATIONS Sections: 5.11.010 Signs on Watercraft. 5.11.020 Portable Food Stand or Street Kitchen. 5.11.030 Selling Food Products on the Streets Prohibited. 5.11.010 Signs on Watercraft. Any person having a license for the business of U -drive boats or watercraft for hire and who pursuant thereto rents any paddleboard, kayak, pedalo or similar type of craft shall as a condition of maintaining such license and doing such business install the entrance channel of Newport Harbor. 5.11.020 Portable Food ..S.tand.or ... Str.eet.Kitchen. No person shall conduct the business of a portable food stand or street kitchen within the City except on privately - owned commercial or industrial property with the consent of the owner or lessee of the property, for the purpose of selling food or refreshments to the employees of the business located thereon. The terms "portable food stand" or "street kitchen" mean a place which is constructed so that it may be moved from place to place for the purpose of selling food for immediate consumption. 5.11.030 Selling Food Products on the Streets �- Prohibited. No person shall engage in the business of om and maintain on all. such craft in sight of the operator a sign stating that the use of the craft is prohibited in the entrance channel of Newport Harbor. 5.11.020 Portable Food ..S.tand.or ... Str.eet.Kitchen. No person shall conduct the business of a portable food stand or street kitchen within the City except on privately - owned commercial or industrial property with the consent of the owner or lessee of the property, for the purpose of selling food or refreshments to the employees of the business located thereon. The terms "portable food stand" or "street kitchen" mean a place which is constructed so that it may be moved from place to place for the purpose of selling food for immediate consumption. 5.11.030 Selling Food Products on the Streets �- Prohibited. No person shall engage in the business of om a • selling any beverage, food or food product of any kind intended for immediate consumption on the publit streets or sidewalks in the following areas within the City: Area 1. That area bounded on the west by the westerly city limits, on the north by the northerly right of way line of Pacific Coast Highway, on the east by the easternmost right of way line of Newport Boulevard, on the southeast by 20th Street, and on the south by the line of ordinary high tide of the Pacific Ocean. Area 2. That area bounded on the west by the western- most right of way line of 20th Street, on the north by the line of ordinary high tide of Newport Bay, on the east by the easternmost right of way line of G Street, and on the south by the line of ordinary high tide of the Pacific Ocean. This section shall not be construed to restrict the sale of food products in any of the above described areas of the City when delivered to private premises." SECTION 5. This ordinance shall be published once in the official newspaper of the City, and the same shall be effective 30 days after the date of its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 23rd day of November , 1970, and was adopted on the 14th day of December , 1970, by the following vote, to wit: ATTEST: City Clerk —� CERTIFIED AS TO PUBLICATION DATE DATE .. . . .��CIERIC OF i4c CiTY_Of N =WPO BEAGh AYES, COUNCILMEN: McInnis, Kymla, Rogers, Hirth Croul, Dostal, Parsons NOES, COUNCILMEN: None ABSENT COUNCILMEN: None Mayor -19- THS:adw 11/18/70