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HomeMy WebLinkAbout1738 - Investigation or Application FeesORDINANCE NO. 1738 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 5.10.030, 5.12.320 .A, 5.14.040, 5.14.180, 5.15.050(h), 5.15.110, • 5.20.060, 5.28.030, 5.32.040, 5.34.040,, 5.41.040, 5.46.030, 5.48.040, 5.48.080 AND 5.50.040 OF THE NEWPORT BEACH MUNICIPAL CODE TO PROVIDE THAT THE INVESTIGATION OR APPLICATION FEES IN EACH OF SAID SECTION SHALL BE ESTABLISHED BY RESOLUTION OF THE CITY COUNCIL The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Section 5.10.030 of the Newport Beach Municipal Code is amended to read as follows: "5.10.030 Application for Permit. Application for a special event permit shall be filed at least fourteen (14) days prior to the date of the proposed event with • the City Manager, on forms supplied by the City, together with an application processing charge as established by Resolution of the City Council. The City Manager may, in his discretion, waive the requirement that applications be filed fourteen (14) days prior to the date on which the activity is tolbe conducted." SECTION 2. Section 5.12.320 A of the Newport Beach Municipal Code is amended to read as follows: "5.12.320 Driver's Permit. A. Application. No person shall drive or operate any vehicle described in this Chapter in the City without first obtaining a permit in writing so to do from the Chief of Police. Any person desiring to obtain such driver's permit shall make a written application therefor to the Chief of Police accompanied by a fee as established by the City Council. No permit shall be issued to any person under the age of eighteen (18) years, to any person not a citizen of the United States unless such person has lawfully declared his intention of becoming such, or to any person who is incompetent or for any reason whatsoever unable to safely handle such • vehicle. No permit shall be issued to any person who has been convicted of a felony, or within the period of two years immediately preceding such application has been convicted of reckless driving or driving a vehicle upon a highway while under the influence of intoxicating liquors or drugs, or who has been convicted of violating any provisions of the Alcoholic Beverage Control Act of the State of California, unless such the satisfaction of the Chief of Police driver's permit to him would not in any to the public interest, welfare or safe application shall demonstrate his skill safely handle his vehicle in driving it person shows to that issuing a way be contrary ty. Each such and ability to through the crowded sections of the City accompanied by an inspector • designated by the Chief of Police. No driver's permit shall be granted to any person who is not of good moral character, or who does not hold the required driver's' license issued by the Motor Vehicle Department of the State, or who is not sufficiently acquainted with the laws or v. ordinances regulating the operation of motor vehicles. Persons operating taxicabs, emergency or public safety vehicles must be able to speak the English language. Any falsification on the application for said permit will be grounds for refusal of the permit." SECTION 3. Section 5.14.040 of the Newport Beach i Municipal Code is amended to read as follows: "5.14.040. Filing Fee. An application as required by this Chapter shall be accompanied by a filing fee as • established by Resolution of the City Council, plus an additional amount as established by Resolution of the City Council for each ambulance which applicant proposes to -2- operate within the City, to cover the administrative cost to the City of processing the application." • SECTION 4. Section 5.14.180 of the Newport Beach Municipal Code is amended to read as follows: "5.14.180 Application for Driver's and Attendant's Permit. An applicant for an ambulance driver's or ambulance attendant's permit shall file his application with the Finance Director on forms furnished by the City, together with an application fee as established by Resolution of the City Council. Each applicant shall submit with his application three (3) recent photographs of himself of a size designated by the Finance Director. To be eligible for either type of permit, an applicant must be at least 21 years of age." SECTION 5. Section 5.15.050(h) of the Newport Beach Municipal Code is amended to read as follows: • "5.15.050. Application for Tow License. Applica- tions for tow truck licenses hereunder shall be made upon such forms as may be prepared or prescribed by the Director of Finance and shall contain: (h) An accompanying license fee as established by Resolution of the City Council plus an additional fee as established by Resolution of the City Council for each vehicle the applicant(s) proposes to use in the business." SECTION 6. Section 5.15.110 of the Newport Beach Municipal Code is amended to read as follows: "5.15.110. Attendant or Operator's Permit Required. (a) Application: No person shall drive or operate any official police towing vehicle described in this Chapter in the City without first obtaining a permit in writing . to do so, from the Chief of Police. Any person desiring to obtain such operator's permit shall make a written application therefor to the Chief of Police; accompanied -3- • by a fee as established by Resolution of the City Council. Applicant for attendant or operator's permit shall be required to be photographed and fingerprinted. No attendant or operator's permit shall be issued to any person: 1. Under the age of 18 years. 2. Who is not a citizen of the United States or who has not lawfully declared intention of becoming such.. 3. Who has been convicted of a felony. 4. Who, within a period of two years immed ately Coo+V i e�'a.i oa• preceding such application, has been eem4ci=ed of re less driving or any provisions of the Alcoholic Beverage Control Act, California Penal Code, California Vehicle Code, or any other code, which is directly concerned with the operation of a motor vehicle while under the influence of alcoholic beverage, or drug, or combination of alcoholic and drug. 5. Who is incompetent or for any reason whatsoever unable to handle such vehicle safely. 6. Who is not of good moral character. 7. Who cannot speak the English language. 8. Who does not hold a vehicle driver's license issued by the Motor Vehicle Department of the State of California. 3 9. Who is not sufficiently acquainted with the laws or ordinances regulating the operation of motor vehicles. 10. Who falsifies the application for said permit." SECTION 7. Section 5.20.060 of the Newport Beach Municipal Code is amended to read as follows: "5.20.060. License Fees. Every person conducting or carrying on the business of a pawnbroker, junk dealer, junk collector or secondhand dealer, as a separate business, • shall pay an annual license fee as established by Resolution of the City Council. -4- • r� �i i r � Every person dealing in secondhand merchandise in connection with and incidental to any other business, shall pay the license fee required by the laws of the City of Newport Beach for said other business, plus the additional sum of Ten Dollars ($10.00) per annum. Notwithstanding any provisions of this Ordinance to the contrary, any religious, charitable or educational society or institution engaging in, conducting, managing or carrying on the business of secondhand dealer, junk dealer or junk collector shall not be required to make payment of any of the fees herein prescribed, provided that a minimum of seventy -five percent (75 %) of the gross proceeds, compensation and earnings obtained from such business is devoted to the religious, charitable and educational purposes, respectively, of such religious, charitable or educational society or institution." SECTION 8. Section 5.28.030 of the Newport Beach Municipal Code is amended to read as follows: "5.28.030. Application for Permit. Applications for entertainment permits shall be filed with the City Manager on forms supplied by the City, together with a fee as established by Resolution of the City Council, to cover the costs of processing and investigation. The application shall be signed and verified by the applicant . and shall contain such information as may be deemed necessary. The City Manager may require that the applicant be fingerprinted." SECTION 9. Section 5.32.040 of the Newport Beach Municipal Code is amended to read as follows: "5.32.040. Application for Permit. Applications for cafe dance permits shall be filed with the City Manager on forms supplied by the City, together with an application fee as established by Resolution of the City Council. The application shall be signed and verified by the applicant and shall contain such information as may be deemed -5- • • 0 necessary by the City Manager. The City Manager may require that the applicant be fingerprinted." SECTION 10. Section 5.34.040 of the Newport Beach Municipal Code is amended to read as follows: "5.34.040 Application for Permit. Applications for such permits shall be forms supplied by the fee as established by to cover the costs of The application shall be deemed necessary b: filed with the City Manager on City together with an application Resolution of the City Council processing and investigating. contain such information as may the City Manager and shall be signed and verified by the applicant. The City Manager may require that the applicant and the person or persons responsible for the management or operation of the premises be fingerprinted." SECTION 11. Section 5.41.040 of the Newport Beach Municipal Code is amended to read as follows: "5.41.040. Permit. Fee. At the time of filing an application for a permit, a fee as established by Resolution of the City Council shall be paid to partially cover the cost of investigating and processing the application and issuing the permit." s SECTION 12. Section 5.46.030 of the Newport Beach Municipal Code is amended to read as follows: "5.46.030. Application for Permit. Any person desiring to use any public property or facility for the purpose . of taking motion pictures or television pictures shall, not less than fourteen (14) days before the date on which such person desires to conduct such activity, file an application for a permit with the City Manager, on a form furnished by the City. The City Manager may in his discretion waive the requirement that applications be filed fourteen (14) days prior to the date on which the activity is to be conducted. I a • The application shall be verified and shall set forth the following information: (a) The name, address and telephone number of the person wishing to conduct such activity. (b) The name, address and telephone number of the: person who will be in charge of the activity and be responsible for its conduct. (c) The date or dates and hours when such activity is to be conducted. (d) The approximate time when such activity shall begin and end. (e) The location or locations within the City where such activity will take place. (f) The approximate number of persons who will engage in such activity. (g) A list of major equipment to be used, including but not limited to trucks, buses, limousines and cameras. (h) A general statement of the character or nature of the proposed activity. Said application shall be accompanied by an application fee as established by Resolution of.the City Council. Applicants who maintain a permanent place of business in the City shall not be required to pay more than the application fee as established by Resolution of the City Council during the period they continue to maintain said place of business, but they shall be required to file an application for each separate filming activity. If said permit is approved, it shall not be necessary for the permittee to obtain a City business license in order to carry on the activities authorized by said permit, unless such permittee maintains a permanent place of business within the City. The permittee shall pay to the City a fee as established by Resolution of the City Council for each day or a portion of a day during which such activities are conducted, except that permittees who maintain a permanent G place of business within the City shall pay a fee as established by Resolution of the City Council or a portion of a day during which such activities are • conducted." SECTION 13. Section 5.48.040 of the Newport Beach Municipal Code is amended to read as.follows: "5.48.040 Application for Permit. Applications for permits to install, maintain or operate a telephonic alarm system which is intended to automatically transmit a signal, message or warning to any City of Newport Beach Police Department or Fire Department telephone line shall be filed with the Chief of the concerned department on forms supplied by the City, together with an application fee as established by Resolution of the City Council. Said application shall set forth the name, address and telephone number of both the installer of the system and the person or business on whose premises the system will • be installed, as well as a description of the system and the location where it is proposed to be installed. The Chief of the concerned department shall approve such application if he finds that: 1. The use of said alarm system to transmit a signal, I message or warning to a designated City of Newport Beach Police Department or Fire Department telephone line will not interfere with the orderly conduct of City business; 2. The person installing the system maintains an adequate service organization to repair, maintain and otherwise service telephonic alarm systems sold or leased by him. The Police Chief or Fire Chief may impose reasonable . conditions on the exercise of said permit. SECTION 14. Section 5.48.0 80 of the Newport Beach Municipal Code is amended to read as follows: "5.48.080. Annual Permit. Each permit holder shall pay to the City on or before July 1 of each year, a r �0} • 0 U fee as established by Resolution of the City Council to reimburse the City for the cost of providing special telephone lines to receive calls from Telephonic Alarm Systems and other expenses of operation." SECTION 15. Section 5.50.040 of the Newport Beach Municipal Code is amended to read as follows: "5.50.040 Application Fee. (a) Any person desiring to obtain a permit to operate a massage establishment or to perform massage services shall make application to the Director of Finance who shall refer all such applica- tions to the Chief of Police for an investigation. An application to obtain a permit to operate a message establish- ment shall be accompanied by an investigation fee as established by Resolution of the City Council. (b) Each application for a permit to permit an individual to perform massage services shall be accompanied by an investigation fee as established by Resolution of the City Council (c) Permits and fees required by this Chapter shall be in addition to any license, permit or fee required under any other chapter of this code." SECTION 16. This Ordinance shall be published once in the official newspaper of the City, and the same shall be effective thirty (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 May 1977, and was adopted on the 13th day of June 1977, by the following vote, to wit: .AYES, COUNCILMEN: Dostal, Barrett, McInnis, Rogers, Ryckoff, Williams IE 5 THE ORIGINAL NOES, COUNCILMEN: None _ - - 410EERT�lf CLERK OF THE CITY OF N. W BEACH BSENT COUNCILMEN: Kuehn DAM r, Mayor ATTEST: City Clerk HRC:y2 5/18/77. 6/20/77