Ordinance No. 1705
ORDINANCE NO,
1705
AN ORDINANCE OF THE CITY OF CUPERTINO, AMENDING TITLE TWO, TITLE
THREE AND TITLE FIVE OF THE CUPERTINO MUNICIPAL CODE FOR THE PURPOSE
OF CONFORMING THE PROVISIONS OF THE CODE TO THE REQUIREMENTS OF
STATE AND FEDERAL LAW, CONFORMING THE PROVISIONS OF THE CODE TO BE
CONSISTENT WITH PRESENT CITY PRACTICES, ELIMINATING REDUNDANT AND
OBSOLETE PROVISIONS, CLARIFYING OLD PROVISIONS WITH NEW LANGUAGE,
AND CONSOLIDATING AND STREAMLINING VARIOUS PROVISIONS,
THE CITY COUNCIL OF THE CITY OF CUPERTINO, CALIFORNIA, DOES ORDAIN AND
ENACT THE FOLLOWING:
Section 2,80,020A is hereby amended to read as follows:
A. Commissioners serve at the pleasure of the City Council. The term of office of
the members of the Fine Arts Commission shall be for four years and shall end on
January 15th of the year their term is due to expire, No commissioner shall serve
more than two consecutive terms, except that a commissioner may serve more than
two consecutive terms if he or she has been appointed to the Commission to fill an
unexpired term of less than two years,
Section 3.04,040 is hereby amended to read as follows:
3.04.040
Exemptions
Any tax imposed pursuant to this chapter shall not apply to any instrument
which is exempt from taxation pursuant to Chapter 3 of Division 2 of Part 6,7 section
11921 et seq, of the California Revenue and Taxation Code,
Section 3,04,050 is hereby repealed,
Section 3,04,060 is hereby repealed,
Section 3,04,070 is hereby repealed,
Section 3,04,080 is hereby repealed,
Section 3,08,090 is hereby amended to read as follows:
3.08.090
Adoption of provisions of state Iaw.
All provisions of Part 1,5 of Division 2 of the Revenue and Taxation Code as
now in effect or as later amended, which are required to be included in this chapter,
are adopted and made part of this chapter as though fully set forth herein,
Except as otherwise provided in this chapter and except insofar as they are
inconsistent with the provisions of Part 1,5 of Division 2 of the Revenue and Taxation
Code, all of the provisions of Part I of Division 2 of the Revenue and Taxation Code
are adopted and made a part of this chapter as though fully set forth herein,
Section 3,08.130 is hereby repealed,
Section 3,08,140 is hereby repealed,
Chapter 3,09 is hereby repealed,
The footnote to Chapter 3,12 Transient Occupancy Tax is hereby amended to read as
follows:
For statutory provisions regarding the authority of cities to impose a tax on the
occupancy of room space within the city limits, see Rev, and Tax, Code § 7280,
Section 3.12,020G is hereby amended to read as follows:
G, "Tax Administrator" means the City's Director of Administrative Services or
designee,
Section 3.12,030 is hereby repealed,
Chapter 3.16 is hereby repealed,
Chapter 3,20 is hereby repealed,
Section 3,32.100 is hereby repealed,
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Section 3.34,180 is hereby repealed,
Section 5,04,220 is hereby repealed,
Section 5,04,520 is hereby repealed,
Chapter 5,08 is hereby repealed,
Section 5.16,040 is hereby amended to read as follows:
The use of signs in connection with garage and patio sales is governed by
Section 17,32,030 of the Municipal Code,
Section 5.16,042 is hereby repealed,
Section 5,16,050 is hereby amended to read as follows:
All goods to be sold shall be contained within the garage, in the patio area, the
driveway or the front yard of the premises,
Chapter 5.24 is hereby repealed,
There is hereby added to the Municipal Code of Cupertino Section 5,28,045 which is
to read as follows:
5,28.045
Numbering of Vehicles
All owners and operators shall designate a separate number for each taxicab to be
operated under the permit. The number shall be placed conspicuously and uniformly
on each taxicab so as to be clearly visible at all times,
Section 5,28,070F is hereby amended to read as follows:
F, Whether or not any permit, license or franchise has been revoked and, if so, the
circumstances of such revocation;
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Section 5,28,070G is hereby amended to read as follows:
G, The number of vehicles proposed to be operated including a complete
description of each vehicle including the year, model, serial number and license
number;
Section 5,28,070H is hereby amended to read as follows:
H, A complete description of the proposed operations including a schedule of rates
to be charged;
Section 5,28,070N is hereby amended to read as follows:
N,
Such further information as the City Manager or designee may require,
Section 5.28,080 is hereby amended to read as follows:
The City Manager shall deny an owner's permit to any applicant if it appears to
his satisfaction that such vehicle proposed to be operated is inadequate or unsafe; that
the applicant has been convicted of a felony or violation of any narcotic low or of any
penal law involving moral turpitude; that the applicant's proposed color scheme or
other insignia will tend to confuse the identification of the vehicles proposed to be
operated by such applicant with those of another owner operating in the City; or that
the applicant has failed to provide the necessary information required in Section
5,28,070,
Section 5.28,100 is hereby amended to read as follows:
The City Manager may revoke or suspend any owner's permit to operate a
taxicab or taxicabs on the following grounds:
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Section 5,28,110 is hereby amended to read as follows:
Any owner holding a permit to operate one or more taxicabs as provided in this
chapter, who desires to add to the number of such vehicles shall do so only upon
obtaining from the City Manager permission therefor, which shall be granted only
upon application made in the same manner and under the same proceedings as are
required in this chapter in the instance of obtaining the original permit. Any owner
holding a permit to operate one or more taxicabs as provided in this chapter, who
desires to substitute a different vehicle for a vehicle operated under such permit, shall
do so only upon obtaining, from the City Manager, permission therefor, which shall be
granted only upon written application setting forth the particulars of such proposed
substitution, and upon otherwise complying with the requirements of this chapter. The
City Manager shall have the same authority is granting or denying such application for
permission to add or substitute as is in this chapter vested in him in the matter of
original application,
Section 5,28,130A is hereby amended to read as follows:
A, The motor vehicle liability policy required under the provisions of Section
5.28.120 shall insure the owner, as defined in Section 5,28,010, and any other person
using or responsible for the use of any such vehicle with the consent, express or
implied, of such owner, against loss from the liability imposed upon an owner by law
for injury to, or death of, any person, or damage to property, growing out of the
maintenance, operation or ownership of any public motor vehicle to the amount or
limit of one hundred thousand dollars ($100,000,00), exclusive of interest and costs, on
account of injury to, or death of anyone person, of three hundred thousand dollars
($300,000,00), exclusive of interest and costs, on account of anyone accident resulting
in injury to, or death of more than one person, and of fifty thousand dollars
($50,000,00) for damage to property of others, resulting from anyone accident.
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There is hereby added to the Municipal Code of Cupertino Section 5,28,165 which is
to read as follows:
5,28.165
Driver's permit--Application--Issuance
Upon application for a driver's permit, and before it is issued, the driver, whether the
owner or otherwise, must:
A. Evidence a proficient knowledge of the traffic laws of the City and of the
State, and demonstrate his ability to operate a taxicab, all to the satisfaction of the City
Manager, or his designated representative;
B, Be fingerprinted by and his record filed in the police department bureau of
identification;
C, File with his application to recent photographs (size one and one-half by one
and one-half inch), one to be filed with his application and one to be permanently
attached to his driver's permit when issued, which permit shall be posted in a place
conspicuous from the passenger's compartment of the taxicab while the driver is
operating the taxicab.
The applicant may meet the requirements of this section by filing with the City
Manager, or his designated representative, a copy of any application filed with any
other California jurisdiction requiring substantially the same information as required by
this section,
Section 5,28,170 is hereby amended to read as follows:
5.28.170
Driver's permit--Denial
No driver's permit shall be granted to any person under the age of eighteen
years,
A driver's permit may be denied upon substantial evidence of facts of either
physical or moral deficiencies of the applicant or unfitness to drive a vehicle which, in
the sound discretion of the City Manager, or his designated representative, would
render such applicant not a competent person to operate a taxicab,
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There is hereby added to the Municipal Code of Cupertino Section 5,28,175 which is
to read as follows:
5.28,175
Driver's permit-- Termination of Employment
Every driver's permit issued under this chapter shall set forth the name of the
owner for which the driver is authorized to operate a taxicab, and shall be valid only
so long as he continues in the employ of such owner, Upon termination of such
employment, the person holding a permit under this chapter to engage in the taxicab
business, shall notify the City Manager of the driver's name and permit number within
72 hours thereafter. The driver shall forthwith surrender his driver's permit to the City
Manager, or his designated representative,
Section 5,32,020 is hereby amended to read as follows:
As used in this chapter, "bingo" means a game of chance in which prizes are
awarded on the basis of designated numbers or symbols on a card that conform to
numbers or symbols selected at random,
The game of bingo shall include cards having numbers or symbols that are
concealed and preprinted in a manner providing for the distribution of prizes, The
winning cards shall not be known prior to the game by any person participating in the
playing or operation of the bingo game, All preprinted cards shall bear the legend,
"For sale or use in a Bingo game authorized under California law and pursuant to local
ordinance,"
Section 5,32.030 is hereby amended to read as follows:
Only those organizations exempted from the payment of bank and corporation
tax by sections 23701a, 23701b, 2370ld, 23701e, 23701f, 23701g and 2370lh of the
California Revenue and Taxation Code shall be permitted to conduct Bingo games,
provided, however, that the receipts of those games are used only for charitable
purposes,
Section 5,32,050 is hereby amended to read as follows:
All bingo games shall be open to the public, not just to the members of the
authorized organization,
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Section 5,32,060 is hereby amended to read as follows:
A bingo game shall be operated and staffed only by members of the authorized
organization which organized it. Those members shall not receive a profit, wage or
salary from any bingo game, Only an organization authorized to conduct a bingo
game by permit and license issued pursuant to this chapter shall operate a game, or
engage in the promotion, supervision or any other phase of such game, This section
does not preclude the employment of security personnel who are not members of the
authorized organization at such a bingo game by the authorized organization
conducting the game.
Section 5,32,070 is hereby repealed,
Section 5,32,080 is hereby amended to read as follows:
A sponsoring organization shall conduct a bingo game only on property owned
or leased by it, or property whose use is donated to the organization, and which
property is used by that organization for an office or for performance of the purpose
for which the organization is organized, Nothing in this section shall be construed to
require that the property owned or leased by or whose use is donated to the
organization be used or leased exclusively by or donated exclusively to that
organization,
Section 5.32.110 is hereby amended to read as follows:
5.32.110
Profits to be used for charitable purposes only
A, With respect to organizations exempted from payment of the bank and
corporation tax by section 2370ld of the California Revenue and Taxation Code, all
profits derived from a bingo game shall be kept in a special fund or account and shall
not be commingled with any other fund or account. Those profits shall only be used
for charitable purposes,
B, With respect to other organizations authorized to conduct bingo games pursuant
to this chapter, all proceeds derived from a bingo game shall be kept in a special
account or fund and shall not be commingled with any other account or fund,
Proceeds are the receipts of bingo games conducted by an authorized organization not
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within subdivision A above, Those proceeds shall be used only for charitable purposes
except as follows:
I, The proceeds may be used as prizes;
2, A portion of the proceeds, not to exceed 20 per cent of the proceeds before
deduction for prizes, or two thousand dollars ($2,000,00) per month, whichever is less,
may be used for the rental of property and for overhead, including the purchase of
bingo equipment, administrative expenses, security equipment and security personnel;
3, The proceeds may be used to pay license fees,
Section 5.32.160A is hereby amended to read as follows:
Any person who violates any provision of this chapter shall be guilty of an infraction,
and, upon conviction thereof, shall be punished as provided in Chapter 1.12,
Section 5,32,I60B is hereby repealed,
Section 5,32,I60C is hereby repealed.
Section 5.32.190 is hereby amended to read as follows:
No organization shall conduct a bingo game without first obtaining a permit
from the City Council to do so,
Section 5,32,200C is hereby amended to read as follows:
C. Attached copies of certificates or letters evidencing exempt status as described
in section 5,32,030,
Section 5.32.280B is hereby amended to read as follows:
B, The fee for a general license shall be five dollars, payable at the time of
issuance and each renewal thereof,
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Section 5,32,280c is hereby amended to read as follows:
C, If an application for a license is denied one-half of any license fee paid shall be
refunded,
Section 5,32.300A is hereby amended to read as follows:
A. During the term of the permit and license, each authorized organization which
has been issued a permit and license shall file a report made under penalty of perjury
with the City Clerk containing the following information:
Section 5,32,300B is hereby amended to read as follows:
B. Each authorized organization which has been issued a general license shall file
said report at the end of each fiscal year, Each authorized organization which has
been issued a special license shall file said report within thirty days after each
authorized bingo game,
Chapter 5.36 is hereby repealed,
The title of Chapter 5.40 is hereby amended to read as follows:
SECONDHAND DEALERS AND PAWNBROKERS
Section 5.40,010 is hereby amended to read as follows:
Pursuant to the authority provided in Article 4 (commencing with Section 21625) of
Chapter 9 of Division 8 of the Business and Professions Code and Division 8
(commencing with Section 21000) of the Financial Code, the City of Cupertino
establishes Section 5.40,030 authorizing the Santa Clara County Sheriff to act as the
Cupertino Chief of Police within the meaning of those sections,
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Section 5.40,020 is hereby amended to read as follows:
The definitions contained in Article 4 of Chapter 9 of Division 8 of the Business and
Professions Code and Article I of Chapter I of Division 8 of the Financial Code are
incorporated in this chapter.
Section 5.40,030 is hereby amended to read as follows:
5,40,030
Authorization for County Sheriff to act as Chief of Police
For purposes of enforcing Chapter 9 of Division 8 of the Business and Professions
Code regarding secondhand dealers and Division 8 of the Financial Code, regarding
pawnbrokers, the Santa Clara County Sheriff is hereby authorized to act as the Chief
of Police of the City of Cupertino.
Section 5.40,040 is hereby repealed,
Section 5.40,050 is hereby repealed,
Section 5.40,060 is hereby repealed,
Section 5.40,070 is hereby repealed,
.............
PUBLICATION CLAUSE:
The City Clerk shall cause this ordinance to be published at least once in a
newspaper of general circulation published and circulated in the City within 15 days
after its adoption, in accordance with Government code § 36933, shall certify to the
adoption of this ordinance and shall cause this ordinance and her certification, together
with proof of publication, to be entered in the Book of Ordinances of the Council of
this City,
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~
INTRODUCED at a regular meeting of the City Council of the City of Cupertino
on the 6th day of November, 1995, and ENACTED at a regular meeting ofthe City
Council of the City of Cupertino on the 20th day of November , 1995 by the
following vote:
Vote
Members of the Ci~ Council
AYES:
Bautista, Chang, Dean, Sorensen, Burnett
NOES:
None
ABSENT:
None
ABSTAIN:
None
ATTEST:
APPROVED:
j7
X~~ /
.. J {. j; -1.1 /(u./JJ
dty Clerk
ti~JJ
Mayor, City of Cupertino
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