HomeMy WebLinkAboutOrd 18231
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ORDINANCE NO. 1823
ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTERS 6.24,
6.309 6.36, 6.38, 6.40, 6.419 6.429 6.441 AND 18.07 TO PROVIDE THAT THE FEES
FOR PERMIT APPLICATIONS AND RENEWALS WILL BE SET BY CITY
COUNCIL RESOLUTION AND AMENDING CHAPTER 6.36 TO EXPLICITLY
PROVIDE FOR ANNUAL INSPECTIONS OF TAXICABS
The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows:
Section 1. In February 2008, the City completed a comprehensive use fee study to
determine what the actual costs for the issuance and renewal of permits in the City was so that
users would not be charged more than the actual costs incurred by the City and that the issuance
and renewal process was not being unduly subsidized by taxpayers. In April 2008, the City
Council adopted a revised master fee schedule to reflect the results of that study and to ensure
that no fees were charged at a rate higher than the actual costs incurred. However, some fees
that are charged by the City are established in the Municipal Code, and those fees must be
changed by ordinance. This ordinance will delete many of the fees set in the Code, and instead
provide that the fees will be set by Council resolution, as are most other fees in the City.
Section 2. Section 6.24.030 (Peddlers &Solicitors) is amended to read as follows:
6.24.030 Permit fee and investigation.
All applications for permits shall be accompanied by an investigation and permit fee as
established by resolution adopted by the city council from time to time, no part of which is
refundable, together with the fee charged by the state for fingerprint submitt
al. Upon receipt of
the application, the license collector shall refer the application to the police department,
which
within a period often (10) business days from the date of filing the application shall interview
the applicant or any other person and make any other investigation necessary to approve or deny
the permit. If the police department is unable to complete its review within ten (10) business
days from the date of filing the application, the application will be deemed approved and the
depart
ment shall issue the permit; however, should the deparhnent determine after issuance that
the application should have been denied, the permit will be suspended pursuant to Section
1 6.24.090 of this chapter.
2
3 Section 3. Section 6.30.040 (Valet Parking) is amended to read as follows:
4 6.30.040 Permit fee and investigation.
5 All applications shall be accompanied by an investigation fee a filing fee as established
6 by resolution adopted by the city council from time to time, in addition to any charges for
7 processing fingerprints which may be assessed by the State of California, and no part of either
8 fee is refundable. Upon receipt of said application, the license collector shall refer the
9 application to the police department which shall interview the applicant or any other person and
10 make any other investigation necessary to approve or deny the permit.
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12 Section 4. Section 6.36.050 (Taxicabs) is amended to read as follows:
13 6.36.050 Permit fee and investigation.
14 All applications shall be accompanied by a filing and investigation fee in an amount as
15 established by resolution adopted by the city council from time to time, no part of which is
16 refundable. Applications for an owner's permit shall include a certificate of insurance meeting
17 the requirements of this chapter. Additional fees may be charged to cover costs of processing
18 the applicant's fingerprints by the state of California. Upon receipt of said application, the
19 license collector shall refer the application to the police department which within thirty (3 0) days
20 of filing the application shall interview the applicant or any other person and make any other
21 investigation necessary to approve or deny the permit, provided that said thirty (3 0) days may
22 be extended for such period as may be necessary to obtain fingerprint records from the
23 appropriate state agency.
24
25 Section 5. Section 6.36.120 (Taxicabs) is amended to read as follows:
26 6.36.120 Safe maintenance of taxicabs—Inspection.
27 (a) All public passenger vehicles for hire shall be under the supervision and control of
28 the chief of police, and he or she shall not permit any driver to operate any taxicab in the city
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1 while the same or any equipment used thereon, or therewith, is unsafe, defective or in an
2 unsanitary condition. Every taxicab shall be at all times subject to the inspection of any police
3 officer of the city.
4 (b) At least every twelve (12) months every taxicab shall be safety checked by an
5 independent state licensed auto service or repair facility which is an approved brake and lamp
6 station. Written proof of the safety check shall be carried in each vehicle.
7 (c) Before placing any taxicab in operation under a permit issued pursuant to this
8 chapter, the taxicab operator shall present the taxicab to the police department for inspection to
9 ensure that the taxicab complies with the requirements of this chapter. In addition, not more
10 than sixty (60) days before the annual renewal of the operator's permit, the operator shall present
11 all of its taxicabs that are being operated by the taxicab operator under the operator's permit to
12 the police department for inspection to ensure that the taxicab complies with the requirements
13 of this chapter.
14 (d) An inspection fee as established by resolution adopted by the city council from time
15 to time shall be paid by the taxicab operator before the initial or annual city inspection is
16 performed.
17
18 Section 6. Section 6.36.190 (Taxicabs) is amended to read as follows:
19 6.36.190 Expiration and renewal of operator's or driver's permit.
20 (a) Every operator's permit shall be renewed annually, no later than June 1 of each year
21 Any permit not renewed shall be null and void on July 31 of that year.
22 (b) Every driver's permit shall be renewed amlually, no less than ninety (90) days prior
23 to the anniversary date of its issuance. Any permit not renewed shall be null and void on such
24 anniversary date.
25 (c) The investigation fee for renewals shall be as established by resolution adopted by
26 the city council from time to time, no part of which is refundable. Additional fees may be
27 charged to cover costs such as processing fingerprints. Prior to permit renewal being granted the
28 permittee must provide a new photograph and current information concerning any changes to
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1 the facts set forth in the original application. Failure to renew the permit in a timely mamier
2 shall be cause for requiring a completely new permit.
3
4 Section 7. Section 6.38.060 (Fortunetellers) is amended to read as follows:
5 6.38.060 Permit fee and investigation.
6 All applications for permits shall be accompanied by an investigation fee as established
7 by resolution adopted by the city council from time to time, no part of which is refundable, and
8 a surety bond meeting the requirements of this chapter. Additional fees may be charged to cover
9 costs of processing the applicant's fingerprints by the state of California. Upon receipt of said
10 application, the license collector shall refer the application to the police department which shall
11 make a written recommendation to the license collector within thirty (30) days, provided that
12 said thirty (30) days may be extended for such period as may be necessary to obtain fingerprint
13 records from the appropriate state agency.
14
15 Section 8. Subsection 6.40.060(a) (Massage) is amended to read as follows:
16 (a) All applications for initial permits shall be accompanied by a filing and
17 investigation fee as established by resolution adopted by the city council from time to time, no
18 part of which is refundable. Additional fees may be charged to cover costs of processing the
19 applicant's fingerprints by the state of California and for the medical examiner's competency
20 examination.
21
22 Section 9. Subsection 6.40.120(a) (Massage) is amended to read as follows:
23 (a) Upon sale, transfer or relocation of a massage, spa, bathing or similar establishment,
24 the permit shall not be transferable without the written approval of the chief of police and the
25 finance director. An application for such a change shall be accompanied by a nonrefundable
26 filing and investigation fee as established by resolution adopted by the city council from time
27 to time and provide all of the information required in Section 6.40.040.
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Section 10. Section 6.40.160 (Massage) is amended to read as follows:
6.40.160 Renewal of permits.
Each permit shall be renewed amivally, no less than ninety (90) days prior to the
anniversary date of its issuance. Any permit not renewed shall be null and void on such
anniversary date. The investigation fee for renewals shall be as established by resolution adopted
by the city council from time to time, no part of which is refundable. Additional fees may be
charged to cover costs such as processing fingerprints. Prior to permit renewal being granted the
permittee shall:
(1) Provide two (2) photographs of passport size at least two (2) inches by two (2)
inches showing the head and shoulders of the applicant in a clear and distinct manner taken with
the sixty (60) days immediately prior to filing the renewal application and current information
concerning any changes to the facts set forth in the initial or immediately prior renewal
application;
(2) Obtain a new certificate, dated within thirty (30) days of the renewal, from a
medical doctor stating that the licensee is free from infectious, contagious or communicable
diseases capable of being transmitted through therapeutic massage;
(3) Obtain clearance from
the police department that the permittee has had no arrests
or convictions for violations listed in subsection 6.40.080(a)(3) or (4) of this chapter since the
permit was issued or last renewed;
(4) Provide a copy of a diploma or certificate of graduation from a recognized school
demonstrating the applicant's successful completion of a course of study that satisfies the
then -current requirements of subsection 6.40.040(m) of this chapter. However, this requirement
does not apply if the original permit was approved before March 22, 2005.
Upon complete submission of this information together with the required filing fee, the
permit shall be renewed.
Section 11. Section 6.41.040 (Model studios) is amended to read as follows:
6.41.040 Permit fee and investigation.
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All applications for initial permits shall be accompanied by a filing and investigation fee
as established by resolution adopted by the city council from time to time, no part of which shall
be refundable. Additional fees may be charged to cover costs of processing the applicant's
fingerprints by the State of California. Upon receipt of an operator's application, the license
collector shall refer the application to the director of community development, building official,
the fire department, the police department and health officer, each of which within a period of
thirty (30) days from the date of filing the application shall inspect the premises proposed to be
used as a model studio and shall make a written recommendation to the police department
provided that said thirty (30) days may be extended for such period as may be necessary to
obtain fingerprint records from the appropriate state agency. Escort applications shall only be
refer�•ed to the police department.
Section 12. Section 6.41.100 (Model studios) is amended to read as follows:
6.41.100 Sale or transfer of establishment.
Upon sale, transfer or relocation of a model studio, the permit and business license shall
not be transferable without the written approval of the license collector. An application for such
change shall be accompanied by a nonrefundable filing and investigation fee as established by
resolution adopted by the city council from time to time and provide all of the information
required in Section 6.41.030.
Section 13. Section 6.41.130 (Model studios) is amended to read as follows:
6.41.130 Renewal of permits.
Every permit shall be renewed annually, no less than ninety (90) days prior to the
anniversary date of its issuance. Any permit not renewed shall be null and void on such
anniversary date. The filing and investigation fee for renewals shall be as established by
resolution adopted by the city council from time to time, no part of which is refundable.
Additional fees maybe charged to cover costs such as processing fingerprints. Prior to permit
renewal being granted, the permittee must:
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(a) Provide a new photograph and current information concerning any changes to the
facts set forth in the application;
(b) Obtain clearance from the police department signifying that the licensee has had no
arrests or convictions for violations of those penal code sections listed in Section 6.40.080(a)(3)
of this code since the permit was issued or last renewed.
Section 14. 6.42.060 (Tanning facilities) is amended to read as follows:
6.42.060 Permit fee and investigation.
All applications for initial permits shall be accompanied by a filing and investigation fee
as established by resolution adopted by the city council from time to time, no part of which is
refundable. Additional fees may be charged to cover costs of processing the applicant's
fingerprints by the State of California. Upon receipt of an operator's application, the license
collector shall refer the application to the director of community development, building official,
the fire department and the police department, each of which within a period of thirty (30) days
from the date of filing the application shall inspect the premises proposed to be used as a tanning
facility, interview the applicant or any other person and make any other investigation necessary
to make a written recommendation to the police department, provided that said thirty (3 0)
days
may be extended for such period as may be necessary to obtain fingerprint records fi•om the
appropriate state agency. Employee applications shall be referred only to the police depart
ment.
Section 15. Section 6.42.120 (Taruiing facilities) is amended to read as follows:
6.42.120 Sale or transfer of establishment.
Upon sale, transfer or relocation of a tanning facility, the permit and business license
shall not be transferred without the written approval of the license collector. An application for
such change shall be accompanied by a noruefundable filing and investigation fee as established
by resolution adopted by the city council from time to time and provide all of the information
required in Section 6.42.040.
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1 Section 16. Section 6.42.160 (Tanning facilities) is amended to read as follows:
2 6.42.160 Renewal of permits.
3 Every permit shall be renewed annually, no less than ninety (90) days prior to the
4 anniversary date of its issuance. Any permit not renewed shall be null and void on such
5 . anniversary date. The filing and investigation fee for renewals shall be as established by
6 resolution adopted by the city council from time to time, no part of which is refundable.
7 Additional fees may be charged to cover costs such as processing fingerprints. Prior to permit
8 renewal being granted the permittee must:
9 (a) Provide a new photograph and current information concerning any changes to the
10 facts set forth in the application;
11 (b) Obtain clearance from the police department signifying that the permittee has had
12 no arrests or convictions for violations of those penal code section listed in Section 6.42.080(c)
13 of this code since the permit was issued or last renewed.
14
15 Section 17. Section 6.44.050 (Private patrols) is amended to read as follows:
16 6.44.050 Permit fee and investigation.
17 All applications for initial permits shall be accompanied by a filing and investigation fee
18 as established by resolution adopted by the city council from time to time, no part of which is
19 refundable. Additional fees may be charged to cover costs of processing applicant's fingerprints
20 by the State of California. Upon receipt of said application, the license collector shall refer the
21 application to the police department which shall make a written recommendation to the license
22 collector within thirty (30) days, provided that said thirty (30) days may be extended for such
23 period as may be necessary to obtain fingerprint records from the appropriate state agency.
24
25 Section 18. Section 6.44.080 (Private patrols) is amended to read as follows:
26 6.44.080 Renewal of permits.
27 Every permit shall be renewed annually, no less than ninety (90) days prior to the
28 anniversary date of its issuance upon approval of the chief of police. The filing and investigation
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I fee for renewals shall be as established by resolution adopted by the city council from time to
2 time, no part of which is refundable. Additional fees may be charged to cover costs such as
3 processing fingerprints. Any permit not renewed shall be null and void on such anniversary
4 date.
5
6 Section 19, Uniform Administrative Code Section 102.6.1 contained in Section
7 18.07.030 is amended to read as follows:
8 102.6.1 Permit Required. Before any building or structure is moved on or along any
9 street within the city, a permit shall first be obtained from the building official for such moving.
10 The permit application shall describe the streets and route over which the building will travel,
11 the location of final installation if within the city, and the hours during which building will be
12 moved. The building official will collect a fee as established by resolution of the council from
13 time to time for required investigations and inspections. This fee shall be separate from any
14 construction permit -related fees.
15 Prior to issuance of permit, the building official shall notify all affected city officials and,
16 in the event that any such officials object to route or time of travel, changes shall be made to
17 meet such objections.
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20 Section 20. This ordinance shall be published as required by law and shall take effect
21 thirty (30) days after its adoption.
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Mayor
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N I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that
25 the foregoing ordinance was introduced at a regular meeting of the City Council held on the 5"'
26 day of May, 2008, and adopted thereafter at a regular meeting of the City Council held on the
27 19`h day of May, 2008, by the following vote:
28 AYES: COUNCILMEMBERS: BAYLOCK, DEAL, KEIGHRAN, NAGEL, O'MAHONY
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I NOES: COUNCILMEMBERS: NONE
2 ABSENT: COUNCILMEMBERS: NONE
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itv Clerk