HomeMy WebLinkAbout05. GENERAL WELFARE AND BUSINESS REGULATIONS
GENERAL WELFARE AND BUSINESS REGULATIONS
Title 5.
GENERALWELF ARE AND
BUSINESS REGULA TlONS*
Division 51 General
Chapter 51-4 Violations
Article 51-4.4 General
Sections:
51-4.404 Most violations infractions.
Division 52 Amusements
Chapter 52-2 Gambling
Article 52-2.2 General
Sections:
52-2.202
52-2.204
Prohibited types of gambling.
Visiting gambling premises where
violations occur.
Article 52-2.3 Bingo
Sections:
52-2.302
52-2.304
52-2.306
52-2.308
52-2.310
52-2.312
52-2.314
52-2.316
52-2.318
52-2.320
52-2.322
52-2.324
52-2.326
52-2.328
52-2.330
52-2.332
Article 52-2.4
Sections:
52-2.402
52-2.404
Limited authorization.
Penal Code ~ 326.5 incorporated.
License required.
Application.
Term of license and fees.
Investigation.
Issuance or denial.
Revocation.
Notice of intent and show-cause
hearing.
Summary suspension or revocation. .
Decision.
Appeal.
License not transferable.
License displayed.
Hours.
Consent.
Cardrooms
Cardroom-Defined.
Cardroom- Employee work permit-
Required.
*For the constitutional grant of power to any county to make and enforce within
its limits all such local, police and other regulations as are noUn conflict with
the general laws, see CALIF. CONST. art. 11 ~ 7.
135
(Contra Costa County 9-15-77)
GENERAL:WELFARE. AND' · BUSINESS REGULATIONS
52-2.406 Cardroom-Employee work permit-
Application.
52-2.408 Cardroom-Employee work permit-Denial.
52-2.410 Cardroom-Employee work permit-
Appeal hearing.
52-2.412 Cardroom-Suspension or revocation of
license or work permit.
52-2.413 Cardroom-Change in conditions, variance.
52-2.414 Cardroom-Transfer of licenses-Work
permits.
Cardroom -General regulations.
Cardroom-Nonprofit groups exception.
Cardroom- Violation of state law
prohibited.
52-2.422 Cardroom-Location near cities
prohibiting cardrooms.
Article 52-2.6 Cardroom Licenses
Sections:
52-2.602
52-2.604
52-2.606
52-2.416
52-2.418
52-2.420
Cardroom license-Required.
Cardroom license-Application-Contents.
Cardroom license-Application-
Investigation.
52-2.608 Cardroom license-Hearing'-Notice
posting.
52-2.610 Cardroom license-Hearing-Protest.
52-2.612 Cardroom license-Issuance conditions.
52-2.614 Cardroom license-Denial conditions.
52-2.616 Cardroom license-Certificate display.
52-2.618 Cardroom license-Fee.
52-2.620 Cardroom license-No further issuance.
Chapter 52-4 Mechanical Amusement Devices
Sections:
52-4.002 Definition.
52-4.004 Prohibited.
52-4.006 Seizure and destruction.
Chapter 52-6 Public Dances
Sections:
52-6.002 Defined.
52-6.004 Hours.
52-6.006 Nuisance-Abatement.
Division 54 Public Order
Chapter 54-2 Curfew
Sections:
54-2.002
54-2.003
54-2.006
54-2.008
(Contra Costa County 9-15-77)
Imposition.
Exceptions.
Report to sheriff.
Proprietors to exclude minors.
136
GENERAL WELFARE AND BUSINESS REGULATIONS
Chapter 54-4 False Reports
Sections:
54-4.002 To sheriff.
544.004 To county employees.
Chapter 54-6 Intoxication
Sections:
54-6.002 Misdemeanors while intoxicated.
Chapter 54-8 Labor Disputes
Sections:
54-8.002 Obstruction of public ways.
54-8.004 Intimidation-During picketing prohibited.
54-8.006 Intimdation-During assembly prohibited.
54-8.008 Opprobrious language prohibited.
54-8.010 Peaceable picketing.
Chapter 54-to Rewards
Sections:
54-10.002 Conviction of traffic sign vandals.
136-1
(Contra Costa County 3-15-77)
GENERAL WELFARE AND BUSINESS REGULATIONS
Chapter 54-12 Automatic Communication Devices
Sections:
54-12.002 Prohibited acts.
54-12.004 Consent withdrawn.
54-12.006 Telephone number defined.
54-12.008 Public agency defined.
Division 56 Transient Businesses
Chapter 56-2 Carnivals and Fairs
Sections:
56- 2.002 License- Required.
56-2.004 License-Fees designated.
56-2.006 License-Fee exemptions.
56-2.008 When permit required.
56-2.010 Enforcement officer.
Chapter 56-4 Solicitors and Peddlers
Article 56-4.2 Definitions
Sections:
56-4.202 Person defined.
56-4.204 Peddler defined.
56-4.206 Solicitor defined.
56-4.208 Engaged in business defined.
Article 56-4.4 Permit-General Requirements
Sections:
56-4.402 Permit-Required.
56-4.404 Permit-Exceptions.
56-4.406 Permit-Veterans exempted from fees.
56-4.408 Permit-Restricted premises and hours.
56-4.410 Permit-Soliciting on vehicles.
56-4.412 Permit-Activities creating nuisance.
Article 56-4.6 Permit-Application
Sections:
56-4.602 Permit-Application-Contents.
Article 56-4.8 Permit-Issuance
Sections:
56-4.802
56-4.804
56-4.806
56-4.808
56-4.810
56-4.812
56-4.814
56-4.816
Permit issuance-Application fee required.
Permit issuance-Health officer
investigates.
Permit issuance-Applicant investigation
by sheriff.
Permit issuance-Refusal conditions.
Permit issuance-Record kept by sheriff.
Permit issuance-Renewal provisions.
Permit issuance-Nontransferable.
Permit issuance-Display requirements.
137
(Contra Costa County 9-15-76)
GENERAL WELFARE AND BUSINESS REGULA nONS
Article 56-4.10 Fees and Bonds
Sections:
56-4.1002
56-4.1004
Fees and bonds-Additional fees.
Fees and bonds:...-Liability insurance
and bond requirements.
Article 56-4.12 Enforcement
Sections:
56-4.1202 Enforcement-Authority.
56-4.1204 Enforcement-Permit revocation.
56-4.1206 Enforcement-Appeal hearing.
Chapter 56-5 Roadside Selling
Sections:
56-5.002 Roadside selling prohibited.
56-5.004 Exceptions.
Chapter 56-7 Fortunetelling
Sections:
56-7.202 Definitions.
56- 7.204 F ortunetelling.
56-7.210 License required.
56-7.212 Exemption.
56-7.214 Notices.
56-7.216 Sheriffs regulations.
56-7.218 Appeals.
Article 56-7.4 Application
Sections:
56-7.402 Application.
56- 7 .404 Investigations.
56-7.406 Sheriffs findings and recommendation.
56-7.408 Notice of hearing.
56- 7.410 Hearing.
56- 7.412 Board order.
Article 56-7.6 License
Sections:
56-7.614
56-7.616
56-7.618
56-7.620
56-7.622
Article 56-7.8
Sections:
56-7.802 Fees.
Division 58 CATV Systems
Chapter 58~2 Definitions
Sections:
58-2.002 Generally.
58-2.004 CATV.
Form and requirements.
Renewals.
Bond.
Seizure, suspension, revocation.
Reinstatem en t.
Fees
(ContraCosta County 9-15-76)
138
GENERAL WELFARE AND BUSINESS REGULATIONS
58-2.006 County and board.
58-2.008 Gross annual receipts.
58-2.010 License.
58-2.012 Licensee.
58~2.0l4 Property of licensee.
58-2.016 Service area.
58-2.018 Street.
58-2.020 Subscriber.
Chapter 58-4 General Provisions
Sections:
58-4.002 License- Required.
58-4.004 License-Granting.
58-4.006 License-Uses permitted.
58-4.008 License- Duration- Forfei ture.
58-4.010 Payments.
58-4.012 License-Required condition.
58-4.014 License-Renewal provisions.
58-4.0 16 License-Effective date.
58-4.018 License-Acceptance by licensee.
58-4.020 Subscriber rates and charges.
58-4.022 Financial statement and inspection.
58-4.024 Unauthorized connections and tampering.
58-4.026 Sale of television receivers.
58-4.028 Other jurisdictions.
Chapter 58-6 License Limits and Reserved Rights
Sections:
58-6.002
58-6.004
58-6.006
58-6.008
58-6.010
58-6.012
58-6.014
58-6.016
Suit by county for license forfeiture.
Public use priority.
License- Transfer and assignmen t.
Other statutes and pole agreements.
Supersession.
License- Termination expense.
Eminent domain.
Amendment of standards-Compliance
required.
58-6.018 Disputes.
Chapter 58-8 Construction, Relocation and Abandonment
Sections:
58-8.002
58-8.004
58-8.006
58-8.008
58-8.010
Permits, installation and service.
Locations, construction and
undergro unding.
Removal and abandonment of licensee's
property.
Changes required by public improvements.
Failure to perform street work.
139
(Contra Costa County 3-15-79)
GENERAL WELFARE AND BUSINESS REGULA nONS
Chapter 58-10 Obligation and Service
Sections:
58-10.002
58-10.004
58-10.006
Bond requirements.
Liability insurance requirements.
Inspection of property - Reports, maps
and records required.
58-10.008 Operational standards.
58-10.010 Office in county.
58-10.012 Service to subscriber.
58-10.014 Subscriber contract.
Chapter 58-12 Applications
Sections:
58-12.002 General requirements.
58-12.004 Approval action by board.
Division 510 Taxicabs
Chapter 510-2 Driver Permits
Sections:
510-2.002 Required.
510-2.004 Application-Fee.
510- 2. 006 Issuance- Denial.
510-2.008 Exclusions.
Division 518 Other Businesses
Chapter 518-2 Massage Services
Article 518-2.2 Definitions
Sections:
518- 2.202 General.
518- 2.204 Massage.
518-2.206 Masseur.
518- 2.208 Massage parlor.
518- 2.210 Out call massage service.
518-2.212 Employee
518-2.214 Operate and operator.
518- 2.216 Health officer.
Article 518-2.4 Permits Required
Sections:
518-2.402 Operator's permit.
518-2.404 Masseurs.
Article 518-2.6 Applications and Permits
Sections:
518-2.602
518-2.604
518-2.606
518-2.608
518-2.610
518-2.612
518-2.614
(Contra Costa County 3-15-79)
/
Application and fees.
Contents-Genetal.
Con ten ts- Iden tification.
Con ten ts- Experience.
Operator's additional contents.
Masseur's additional contents.
Updating application.
140
GENERAL WELFARE AND BUSINESS REGULATIONS
518-2.616 Investigations.
518-2.618 Issuance or denial of permit.
518-2.620 Conditions of permit.
518-2.622 Renewal of permits.
Article 518-2.8 Other Requirements and Regulations
Sections:
518-2.802
518-2.803
518-2.804
518-2.806
518-2.807
Sheriff's regulations.
Health officer inspection.
Display permits.
Sanitation requirements.
Nude and topless exposure pro-
hibited.
Inspection.
Advertising.
Enforcement
518-2.808
518-2.810
Article 518-2.10
Sections:
. 518-2.1 002 Suspensions and revocations.
518-2.1004 Hearings.
Division 520 Price Marking Consumer Goods
Chapter 520-2 General
Article 520-2.2 Definitions
Sections:
520-2.202 General.
520-2.204 Consumer commodity.
520-2.206 Grocery store.
520-2.208 Grocery department.
520-2.210 Sale item or special.
Article 520-2.4 Requirements
Sections:
520-2.402
520-2.404
Article 420-2.6
Sections:
520-2.602
520-2.604
520-2.606
Price mark required.
Exceptions.
Violations and Enforcement
Violations.
Civil enforcement.
Liability for violations.
141
(Contra Costa County 7-80)
Division 51
GENERAL
Chapters:
51-4 Violations
Chapter 51-4
VIOLATIONS
Article 51-4.4 General
Sections:
51-4.404 Most violations infractions.
Article 51-4.4
General
51-4.404 Most violations infractions.
Pursuant to Section 14-8.002 of this code,
violations of this Title 5 are misdemeanors,
except violations of Chapter 54-10 (Rewards)
and Division 58 (CATV Systems), which are
infractions. (Ord. 76-51 ~ 2).
Division 52
AMUSEMENTS
Chapters:
52-2 Gambling
52-4 Mechanical Amusement Devices
52-6 Public Dances
Chapter 52-2
GAMBLING*
Article 52-2.2
Sections:
52-2.202
52-2.204
General
Prohibited types of gambling.
Visiting gambling premises
where violations occur.
*For the statutory provisions regarding gaming, see Pen. C. ~
330 ff.
VIOLATIONS
51-4.404-52-2.202
Article 52-2.4 Card Rooms
Sections:
52-2.402
52-2.404
52- 2.406
52-2.408
52-2.410
52-2.412
52-2.414
52-2.416
52-2.418
52- 2.4 20
52-2.422
Article 52-2.6
Sections:
52-2.602
52-2.604
52-2.606
52-2.608
52-2.610
52-2.612
52-2.614
52-2.616
52-2.618
52-2.620
Card room-Defined.
Card room-Employee work
permit- Required.
Card room-Employee work
permit- Application.
Card room-Employee work
permit-Denial.
Card room -Employee work
permit-Appeal hearing.
Card room-Suspension or
revocation of license or
work permit.
Card room-Nontransferability
of license or work permit.
Card room-General
regulations.
Card room-Nonprofit
groups exception.
Card room -Violating of
state law prohibited.
Card room-Location near
cities prohibiting card
rooms.
Card Room Licenses
Card room license- Required.
Card room license-Appli-
cation-Contents.
Card room license-Appli-
cation - Investigation.
Card room license-Hearing-
Notice posting.
Card room license-Hearing-
Protest.
Card room license-Issuance
conditions.
Card room license-Denial
conditions.
Card room license-Certificate
display.
Card room license- Fee.
Card room license-No further
issuance.
Article 52-2.2
General
52-2.202 Prohibited types of gambling. No
person shall deal, play, carryon, open or cause
to be opened, conduct, or bet at or against any
game not prohibited by the laws of the state of
California, with cards, dice, or any device, for
142-1
(Contra Costa County 9-15-76)
52-2.204-52-2.416
GENERAL WELFARE AND BUSINESS REGULA nONS
money, checks, credit, or other representative of
value, except draw poker played in a card room
licensed under this chapter. (Ord. 1458: prior
code ~ 5200).
52-2.204 Visiting gambling premises where
violations occur. It is unlawful for any person to
be present in any place whether public, private,
Open or closed, where acts are taking place
which are in violation of the gaming prohibitions
in Chapters 9, 10, and 10.5 of Title 9 of the
California Penal Code (Sections 330 ff and
337.1 Tf) or Chapters 52-2 and 52-4, with
knowledge that such acts are occurring. (Ord.
67-23 ~1, 1967: prior code ~ 5217).
Article 52-2.4
Card Rooms
52-2.402 Card room - Defined. As used in
this chapter "card room" means any room,
enclosure or space furnished with a table used or
intended to be used as a card table for playing
cards and similar games, the use of which table is
available to the public or any portion of the
public. (Ord. 1458: prior code ~ 5201).
52-2.404 Card room - Employee work
permit - Required. No person shall work as a
card room employee without first having
obtained a work permit from the sheriff, nor
shall any person who maintains a card room
employ any person as a card room employee
who does not possess a valid work permit. For
the purposes of this chapter, a card room
employee is a dealer or any other person directly
connected with the operation and supervision of
card tables, but not a bartender, culinary
worker, or any other person not directly
connected with the card room operation. (Ord.
1458: prior code ~ 5207).
52-2.406 Card room - Employee work
permit - Application. An applicant for a card
room work permit shall submit his application,
under oath, to the sheriff. The application shall
include:
(I) The criminal record, if any, of the
applicant;
(2) Fingerprints and a photograph of the
applicant;
(3) Any other information that the sheriff
may deem necessary to determine whether a
work permit shall be issued;
(Contra Costa County 9-15-76)
(4) A permit fee of twenty-five dollars;
(5) A statement that., the applicant has
resided in Contra Costa County for the two
years preceding the application, (Ord. 1779:
Ord. 1506: Ord. 1458: prior code ~ 5208).
52- 2.408 Card room - Employee work
permit - Denial. The sheriff may deny the
application for a work permit on either of the
following grounds:
(1) That the applicant has previously been
convicted of a felony;
(2) That, in the opinion of the sheriff, the
applicant is not a person of good moral
character. (Ord. 1779: Ord. 1458: prior code ~
5209).
52-2.410 Card room - Employee work
permit - Appeal hearing. If the sheriff denies an
application for a work permit, the applicant may
appeal fro.lll the sheriff's decision to the board
of 'supervisorsbyfiling' a notice of appeal with
the board Within ten' days after denial of the
application: .' The board shall provide for a
lieaiingon','the' application and shall give the
applicant atleast five days' written notice of the
time and place of hearing. After the hearing, the
board may deny the application on either of the
grounds specified in Section 52-2.614. (Ord.
1458: prior code ~ 5210).
52-2.412 Card rOOnl - Suspension or
revocation of lic,ense or work permit. The board
of supervisors may suspend or revoke a card
room license on either of the grounds specified
in Section 52-2.614 or on the ground that the
licensee has violated a provision of this chapter.
The sheriff may suspend or revoke a work
permit on either of the grounds specified in
Section 52-2.408 or on the ground that the
permittee has violated a provision of this
chapter, but this action is subject to the appeal
provisions of Section 52-2.410. (Ord. 1458:
prior code ~ 5211).
52-2.414 Card room - Nontransferability
of license and work permit. No card room
license and no card room work permit shall be
assignable or' transferable. (Ord. 1458: prior
code ~ 5212).' '
52-2.4-16 Card room - General regulations.
No person shalL ,maintain a card room in
violation of any of the following regulations:
l42~2
GAMBLING
52-2.416
(1) Not more than one card room shall be
located at one address.
(2) Neither the licensee nor his employees
shall extend credit to any player, nor accept
promissory notes, nor offer to or cash checks as
a service to players within the card room
enclosure.
(3) No game except draw poker shall be
permitted in anyone card room.
(4) Not more than four tables shall be
permitted in any card room.
(5) Not more than eight players shall be
permitted at one card table.
(6) Card rooms shall be located on the
ground floor and so arranged that card tables
and players at the tables are plainly visible from
the front door opening.
(7) No minor shall be permitted at any card
table, participate in any game, or remain in a
card room.
(8) All card rooms shall be closed at two a.m.
and remain closed until ten a.m. Card rooms
may operate seven days a week.
(9) Card rooms shall be open to police
inspection during all hours of operation.
(10) Only table stakes shall be permitted.
(11) Each card table shall have assigned to it
a person holding a valid card room permit. This
person shall supervise and operate the game
strictly in accordance with the laws of the state
of California and the provisions of this chapter.
(12) No, intoxicated person shall be
permitted in a card room.
(13) The licensee shall post in every card card
room, in letters plainly visible throughout the
142-3
(Contra Costa County 9-15-76)
Division 51
GENERAL
Chapters:
51-4 Violations
Chapter 51-4
VIOLATIONS
Article 51-4.4 General
Sections:
51-4.404 Most violations infractions.
Article 51-4.4
General
51-4.404 Most violations infractions.
Pursuant to Section 14-8.002 of this code,
violations of this Title 5 are misdemeanors,
except violations of Chapter 54-10 (Rewards)
and Division 58 (CATV Systems), which are
infractions. (Ord. 76-51 ~ 2).
Division 52
AMUSEMENTS
Chapters:
52-2 Gambling
52-4 Mechanical Amusement Devices
52-6 Public Dances
Chap ter 52-2
GAMBLING*
Article 52-2.2
Sections:
52-2.202
52-2.204
General
Prohibited types of gambling.
Visiting gambling premises
where violations occur.
*For the statutory provisions regarding gaming, see Pen.C. ~
330 ff.
Limited authorization.
Penal Code ~ 326.5 incorpor-
ated.
License required.
Application.
Term of license and fees.
Investigation.
Issuance or denial.
Revocation.
Notice of intent and show-
cause hearing.
Summary suspension or
revocation.
52-2.322 Decision.
52-2.324 Appeal.
52-2.326 License not transferable.
52-2.328 License displayed.
52-2.330 Hours.
52-2.332 Consent.
Article 52-2.4 Cardrooms
Sections:
52-2.402
52-2.404
Cardroom - Defined.
Cardroom - Employee work
permit - Required.
Cardroom-Employee work
permit - Application.
Cardroom-Employee work
permit-Denial.
52-2.410 Cardroom-Employee work
permit-Appeal hearing.
Cardroom -Suspension or
revocation of license or
work permit.
Cardroom-Change in condi-
tions, variance.
Cardroom- Transfer of
licenses-Work permits.
Cardroom -General
regulations.
Cardroom-Nonprofit groups
exception.
52-2.420 Cardroom-Violation of
state law prohibited.
52-2.422 Cardroom-Location near
cities prohibiting card rooms.
Article 52-2.6 Cardroom Licenses
Sections:
52-2.602
52-2.604
Article 52-2.3
Sections:
52-2.302
52-2.304
52-2.306
52-2.308
52-2.310
52-2.312
52-2.314
52-2.316
52-2.318
52-2.320
52-2.406
52-2.408
52-2.412
52-2.413
52-2.414
52-2.416
52-2.418
52-2.606
143
VIOLATIONS
51-4.404
Bingo
Cardroom license-Required.
Cardroom license-Applica-
tion -Contents.
Cardroom license-Applica-
tion - Investiga tion.
(Contra Costa County 3-15-78)
52-2.202-52-2.312
GENERAL WELFARE AND BUSINESS REGULATIONS
52-2.608
Cardroom license-:- Hearing-
Notice posting.
Cardroom license-Hearing-
Protest.
Cardroom license- Issuance
conditions.
Cardroom license- Denial
conditions.
Cardroom license-Certificate
display.
Cardroom license-Fee.
Cardroom license-No further
issuance.
52-2.610
52-2.612
~
52-2.614
52-2.616
52-2.618
52-2.620
Article 52-2.2
General
52-2.202 Prohibited types of gambling. No
person shall deal, play, carryon, open or cause
to be opened, conduct or bet at or against any
game not prohibited by state law, with cards,
dice, or any device, for money, checks, credit, or
other representative of value, except draw
poker, lowball and panguingue, played in a
cardroom licensed under this chapter. (Ords.
77-113,1458: prior code ~ 5200; Ords. 1317,
724, 142, 138,43,41).
52-2.204 Visiting gambling premises where
violations occur. It is unlawful for any person to
be present in any place whether public, private,
open or closed, where acts are taking place
which are in violation of the gaming prohibitions
in Chapters 9, 10, and 10.5 of Title 9 of the
California Penal Code (Sections 330 ff and
337.1 ff) or Chapters 52-2 and 52-4, with
knowledge that such acts are occurring. (Ord.
67-23 S 1: prior code S 5217).
Article 52-2.3
Bingo
52-2.302 Limited authorization. Bingo
games are allowed pursuant to and as restricted
by Section 19(c) of Article IV of the California
Constitution, California Penal Code Section
326.5 (including future amendments thereto),
and the provisions of this article. (Ord. 76-73 S
1 (part)).
52-2.304 Penal Code S 326.5 incorporated.
The provisions of Penal Code Section 326.5
(including future amendments) are incorporated
in this article by this reference; and "charitable
organization" in this article means an
(Contra Costa County 3-15-78)
organization referred to therein. (Ord. 76-73 ~ 1
(part)).
52-2.306 License required. (a) No charitable
organization shall conduct a bingo game without
a currently valid, unrevoked, unsuspended
license as provided for by this article.
(b) No person shall promote, supervise,
operate, conduct, or staff any bingo game, or
participate in such activity, unless he is a
member of a charitable organization which is
lawfully licensed to do so and which has
designated him to do so and he is designated in
its license to do so. (Ord. 76-73 S (part)).
52-2.308 Application. (a) The application
for a license to conduct bingo games shall be
made to the sheriff on forms provided by his
office.
(b) The application shall include the
following information:
(1) The name, address, date and place of
birth, physical description and driver's license
number of every officer of the charitable
organization;
(2) The name, address, date and place of
birth, physical description and driver's license
number of not more than twenty members to be
authorized to operate bingo games on behalf of
the organization;
(3) The date(s) and. location(s) of the
proposed bingo game(s);
(4) Proof that the organization is a charitable
organization as defined by Penal Code S
326.5(a);
(5) The application or renewal fee. (Ord.
76-73 S 1 (part)).
52-2.310 Term of license and fees. (a) A
bingo license shall be valid for one year and
upon application may be renewed on a yearly
basis.
(b) The fee for a bingo license shall be fifty
dollars. The fee for renewal shall be ten dollars.
The fees are nonrefundable and shall be used to
defray the cost of issuing or renewing the
license, but when a license or renewal is denied,
one-half the fee shall be refunded. (Ords. 77-69,
76-73 S 1 (part)).
52-2.312 Investigation. Upon receIvmg a
completed application with fee, the sheriff may
investigate to determine whether the license
should be issued. (Ord. 76-73 S 1 (part)).
144
52-2.314 Issuance or denial. Within
fourteen days after receipt of a completed
application, the sheriff shall either issue the
license or deny it in writing with his reasons
therefor. (Ord. 76-73 ~ 1 (part)).
52-2.316 Revocation. The sheriff may
suspend or revoke a license for any violation of
the provisions of this article or of any applicable
law or regulation, or for any false, misleading or
fraudulent statement of a material fact in the
application for the license, or in the promotion,
supervision, operation, conduct or staffing of
any bingo game. (Ord. 76-73 @ I (part)).
52-2.318 Notice of intent and show-cause
hearing. If the sheriff determines that a bingo
license should be suspended or revoked, he shall
serve on the licensee a notice of his intent with
his reasons therefor. The notice shall provide for
a suspension or revocation of the license seven
days after service of the notice upon the
licensee, unless the licensee arranges to appear at
a hearing before the sheriff and show cause why
such action should not betaken. (Ord. 76-73 @ 1
(part)).
52-2.320 Summary suspension or
revocation. (a) The sheriff may immediately
suspend or revoke a bingo license upon the
licensee's refusal to:
(1) Permit the entry of any peace officer to
investigate the conduct of a bingo game; or
(2) Permit the sheriff to review or audit the
charitable organization's records relating to the
conduct of bingo games under the license and to
the special account required by Penal Code @
326.5U).
(b) Upon taking such action, the sheriff shall
within forty-eight hours serve on the licensee a
written statement of the reasons for this action,
and schedule a show-cause hearing on
reinstatement of the license within five days of a
request to do so by the licensee. (Ord. 76-73 ~ I
(part)).
52-2.322 Decision. The sheriff shall issue his
written decision within seven days after the
conclusion of a show-cause hearing. (Ord. 76-73
@ I (part)).
52-2.324 Appeal. Appeals from action
taken hereunder shall be governed by Chapter
14-4. (Ord. 76-73 ~ I (part)).
144-1
GAMBLING
52-2-314-52-2-402
52-2.326 License not tmnsferable. Each
license shall be issued to a specific charitable
organization authorizing not more than twenty
named members to conduct a bingo game on its
behalf at one or more name locations. This
license is not transferable from one organization
to another, from one member to another, or
from one location to another. The license is only
a temporary and nontransferable permit to act
within the provisions of this article and all other
applicable laws and regulations, and always
expires no later than one year from its date. It
has no validity when it has been seized,
suspended, or revoked by the sheriff. Any
attempt to transfer, assign, pledge, mortgage or
hypothecate the license, or to attach or execute
on it, immediately and permanently voids it.
(Ord. 76-73 ~ I (part)).
52-2.328 License displayed. The license
shall be prominently displayed at the authorized
location(s) during the game(s). (Ord. 76-73 @ I
(part)).
52-2.330 Hours. No bingo games shall be
conducted between the hours of two a.m. and
nine a.m. (Ord. 76-73 ~ 1 (part)).
52-2.332 Consent. The application for or
acceptance of a license constitutes:
(1) Consent to the entry of any peace
officer(s) to investigate the location(s) identified
in the application, before the issuance of a
license as well as during any game(s) thereafter;
(2) Consent to the sheriff or his agents
reviewing or auditing the charitable
organization's records relating to the conduct of
bingo games and to the special account required
by Penal Code ~ 326.5U), for the purpose of
verifying compliance with the financial interest
and special fund requirements of Penal Code ~
326.5 and with this article and all other
applicable laws and regulations. (Ord. 76-73 ~ I
(part) ).
Article 52-2.4
Cardrooms
52-2.402 Cardroom - Defined. As used in
this chapter "cardroom" means any room,
enclosure or space furnished with a table used or
intended to be used as a card table for playing
cards and similar games, the use of which table is
. available to the public or any portion of the
(Contra Costa County 9-15-77)
52-2.404-52-2.414
GENERAL WELFARE AND BUSINESS REGULA nONS
public. (Ord. 1458: prior code ~ 5201).
52-2.404 Cardroom Employee work
permit - Required. No person shall work as a
cardroom employee without first having
obtained a work permit from the sheriff, nor
shall any person who maintains a cardroom
employ any person as a cardroom employee who
does not possess a valid work permit. For the
purposes of this chapter, a "cardroom
employee" is a dealer or any other person
directly connected with the operation and
supervision of card tables, but not a bartender,
culinary worker, or any other person not
directly connected with the cardroom operation.
(Ord. 1458: prior code ~ 5207).
52-2.406 Cardroom Employee work
permit - Application. An applicant for a
cardroom work permit shall submit his verified
written application to the sheriff, including:
( I) His criminal record, if any;
(2) His fingerprints and photograph;
(3) Any other information that the sheriff
may deem necessary to determine whether a
work permit should be issued;
(4) A statement that he has resided in Contra
Costa County for the two years preceding the
application; and
(5) A nonrefundable permit fee of one
hundred dollars. (Ords. 76-67 ~ 2 (part), 1779,
1506,1458: prior code ~ 5208).
52-2.408 Cardroom - Employee work
permit - Denial. The sheriff may deny the
application for a work permit on either of the
following grounds:
(I) That the applicant has previously been
convicted of a felony;
(2) That, in the opinion of the sheriff, the
applicant is not a person of good moral
character. (Ords. 1779, 1458: prior code ~
5209).
52-2.410 Cardroom Employee work
permit - Appeal hearing. If the sheriff denies an
application for a work permit, the applicant may
appeal from the sheriff's decision to the board
of supervisors by filing a notice of appeal with
the board within ten days after denial of the
application. The board shall provide for a
hearing on the application and shall give the
applicant at least five days' written notice of the
time and place of hearing. After the hearing,Jhe
(Contra Costa County 9-15-77)
board may deny the application on either of the
grounds specified in Section 52-2.614. (Ord.
1458: prior code ~ 5210).
52-2.412 Cardroom Suspension or
revocation of license or work permit. The board
of supervisors may suspend or revoke a
cardroom license on either of the grounds
specified in Section 52-2.614 or on the ground
that the licensee has violated a provision of this
chapter.
The sheriff may suspend or revoke a work
permit on either of the grounds specified in
Section 52-2.408 or on the ground that the
permittee has violated a provision of this
chapter, but this action is subject to the appeal
provisions of Section 52-2.410. (Ord. 1458:
prior code ~ 5211).
52-2.413 Cardroom - Change in conditions,
variance. (a) Change in Conditions. Every
licensee shall promptly notify the sheriff in
writing of any actual or proposed change in the
conditions or restrictions applicable to his
license, including any change in or variation
from the requirements imposed by this chapter
when the license was issued or since then.
(b ) Variance Allowable. Upon such notice
and the licensee's payment of a fee which the
sheriff estimates to be required to pay for
processing the matter (not exceeding the fee on
a new application), the sheriff and board shall
process this as though it were an application for
a new license, and shall respectively investigate,
report, recommend, hear, and deny or approve it
accordingly.
(c) Enforcement Postponed. During the
pendency of such an application, promptly
made and diligently pursued, failures to comply
with legal requirements or prohibitions (as to
matters which are within the board's discretion
to impose or to grant variances from) shall not
be deemed violations of this code. (Ord. 77-54).
52-2.414 Cardroom - Transfer of licenses -
Work permits. (a) Transfer of Licenses. Any
cardroom license in effect on January I, 1976,
may be transferred by the natural person
holding it to another natural person as provided
here. This transferability is entirely subject to
the prior approval by the sheriff (as to all the
requirements of this chapter) of the transferee as
though he were a new applicant; it does not
create any right in any license (as either a
144- 2
prospective transferor or prospective transferee)
which can be reached by or transferred or
assigned to a creditor, spouse, heir, or otherwise,
but is at most a mere contingent expectancy
wholly dependent on prior official approval and
compliance with all the requirements of this
chapter.
(b) Work Permits. Employee work permits
are not transferable. (Ords. 76-67 S 1, 1458:
prior code S 5212).
52-2.416 Cardroom - General regulations.
No person shall maintain a cardroom in violation
of any of the following regulations:
(1) Not more than one cardroom shall be
located at one address.
(2) Neither the licensee nor his employees
shall extend credit to any player, nor accept
promissory notes, nor offer to or cash checks as
a service to players within the cardroom
enclosure.
(3) No game except draw poker shall be
permitted in anyone cardroom.
(4) Not more than four tables shall be
permitted in any cardroom.
(5) Not more than eight players shall be
permitted at one card table.
(6) Cardrooms shall be located on the ground
floor and so arranged that card tables and
players at the tables are plainly visible from the
front door opening.
(7) No minor shall be permitted at any card
table, participate in any game, or remain in a
cardroom.
(8) All cardrooms shall be closed at two a.m.
and remain closed until ten a.m. Cardrooms may
operate seven days a week.
(9) Cardrooms shall be open to police
inspection during all hours of operation.
(10) Only table stakes shall be permitted.
(11) Each card table shall have assigned to it
a person holding a valid cardroom permit. This
person shall supervise and operate the game
strictly in accordance with the laws of the state
of California and the provisions of this chapter.
(12) No intoxicated person shall be
permitted in a cardroom.
(13) The licensee shall post in every
cardroom, in letters plainly visible throughout
the room, signs stating so many of these
regulations as the sheriff may require. (Ords.
1506,1458: prior code S 5213).
GAMBLING
52-2.416-52-2.418
52-2.418 Cardroom - Nonprofit groups
exception. Any nonprofit society, club,
fraternal, labor or other organization having
145
(Contra Costa County 9-15-77)
adopted bylaws and duly elected directors and
members may be excluded from compliance
with this chapter by applying to the board of
supervisors, if the board finds. that the tables are
for the exclusive use of members of the
organization and that no charge is made for the
use of cardroom facilities. (Ord. 1458: prior
code ~ 5214).
52-2.420 Cardroom - Violation of state law
prohibited. This chapter shall not be construed
to permit the licensing of any cardroom for the
playing of any game prohibited by the laws of
the state of California. (Ord. 1458: prior code ~
5215).
52-2.422 Cardroom - Location near cities
prohibiting cardrooms. (a) No person shall
maintain a cardroom, nor permit a cardroom to
be maintained in any place under his ownership
or control, nor play or bet in any cardroom,
within one-half mile of the city limits of any
incorporated city, the laws of which forbid any
of the activities otherwise authorized by this
chapter.
(b) The board of supervisors may
authorize exceptions to subsection (a) by
granting applications therefor as provided here.
Application for such exception shall state fully
the grounds for the application and the facts
relied upon. Before any such exception is
granted:
(1) The board of supervisors must find that
the granting of the exception will not be
materially detrimental to the public welfare; and
(2) Any city described in subsection (a) must
be given notice of the public hearing, pursuant
to Section 52-2.608.
(c) In granting an exception under subsection
(b), the board of supervisors shall specify any
conditions under which the exception is granted.
(Ord. 69-61 ~ 1, 1458: prior code ~ 5216).
Article 52-2.6
Cardroom Licenses
52-2.602 Cardroom license -Required. No
person, for himself or for any other person, shall
maintain a cardroom without first having
obtained a cardroom license. (Ord. 1458: prior
code ~ 5202).
52-2.604 Cardroom license - Application -
Contents. An applicant for a cardroom license
GAMBLING
52-2.420-52-2.608
shall submit his verified written application to
the sheriff, including:
(1) The true names and addresses of the
applicant and of all persons financially
interested in the business, including but not
limited to all persons who share in the profits of
the business in any form, and all creditors and
mortgagees;
(2) The criminal record, if any, of the
applicant, and of all persons financially
interested in the business;
(3) Fingerprints and photographs of the
applicant and of all persons financially
interested in the business;
(4) Any other information necessary for
investigation of the application required by the
sheriff;
(5) A statement that the applicant has
resided in Contra Costa County for the two
years preceding the application; and
(6) An application fee of three hundred
dollars. (Ords. 76-67 ~ 2 (part), 1779, 1506,
1464, 1458: prior code ~ 5203).
52-2.606 Cardroom license - Application -
Investigation. Upon application for a cardroom
license, the sheriff shall investigate the
application and report thereon to the board of
supervisors. The report shall include an
-itemization of the costs of investigation and a
recommendation for approval or disapproval of
the application, with reasons. The sheriff may
use as much of the fee as required to perform his
duties hereunder, accounting therefor in his
report. If the board of supervisors disapproves
the application, but not otherwise, the
application fee, less costs of investigation and
publication of notice under Section 52-2.608
shall be returned to the applicant. (Ords. 1779,
1464, 1458: prior code ~ 5204).
52-2.608 Cardroom license - Hearing -
Notice posting. (a) Upon receipt of an
application for a cardroom license, the sheriff
shall arrange for a hearing thereon before the
board of supervisors at a time conformable to
the requirements of this chapter, and the sheriff
shall cause notice to be given to the applicant
and the public. The notice shall state:
(1) That the applicant has applied for a
cardroom license;
(2) The name, if any, and address of the
premises proposed to be used as a cardroom;
(3) That the license, if issued, will permit the
146-1
(Contra Costa County 3-15-77)
52-2.610-52-2.618
GENERAL WELFARE AND BUSINESS REGULATIONS
playing of draw poker for money, checks, credit,
or other representative of value;
(4) The time and place for a public hearing
before the board of supervisors, at which hearing
any interested person may protest the issuance
of the license.
(b) The sheriff shall cause a copy of this
notice to be posted conspicuously in front of
the premises proposed to be operated as a
cardroom. Two additional copies of the notice
shall be posted conspicuously within five
hundred feet of those premises.
(c) The notice required by this section shall
be posted at least ten days before the date set
for public hearing of protests.
(d) The sheriff shall cause this notice to be
published as provided in Section 6062a of the
Government Code of the state of California.
(Ords. 1779, 1547: prior code ~. 5204.3).
52-2.610 Cardroom license - Hearing
Protest. At the time and place specified in the
notice provided by Section 52-2.608, or at such
later time to which the hearing may be
continued, the board of supervisors shall hear
the protests of all interested persons to the
issuance of a cardroom license to the applicant.
(Ord. 1547: prior code ~ 5204.7).
52-2.612 Cardroom license Issuance
conditions. (a) The applicant shall have the
burden of presenting all necessary evidence from
which findings required by this section may be
made. The board of supervisors may grant an
individual a license to operate a cardroom at a
specific location if it finds all of the following
conditions are satisfied:
(1) That neither the applicant nor any person
financially interested in the business operated on
the premises has been convicted of a felony;
(2) That the applicant and all persons
financially interested in the business operated on
the premises are of good moral character;
(3) That the premises are not located near a
school, playground, retail, commercial or
recreational facility frequented by minors, and
that the cardroom will not be detrimental to the
welfare of minors;
(4) That the proposed cardroom, because of
its design or location, will not hinder law
enforcement officials in surveillance of
cardroom activities, or enforcement of this
chapter or of state laws regulating gambling;
(5) That the proposed cardroom will
(Contra Costa County 3-15-77)
conform with the character of other land uses in
the vicinity and will not be detrimental to the
health, safety, and general welfare of, or create
nuisance or law enforcement problems within,
the neighborhood or community.
(b) If the board of supervisors finds the
above conditions are satisfied, it may grant the
license and may impose such reasonable
conditions as it may determine to be necessary
in order to effectuate the purposes of this
chapter, including but not limited to, the
following:
(1) Location, design, and lighting of
cardroom, and number of tables;
(2) Minimum age and number of players per
table;
(3) Hours of operation;
(4) Parking location, design and conditions;
(5) Related business on the premises.
(c) Upon annual renewal of a license as
provided in Section 52-2.618, the licensee may
be required by the sheriff to comply with any
conditions which the board of supervisor may
establish in granting applications subsequent to
the adoption of the ordinance codified herein. If
a licensee is dissatisfied with such conditions he
may appeal as provided in Section 52-2.410.
(Ords. 1861,1508: prior code ~ 5205(a),(b),
(c)).
52-2.614 Cardroom license Denial
conditions. The board of supervisors shall deny
an individual a license to operate a cardroom if
it finds:
(1) That the proposed cardroom, because of
its design or location, will hinder law
enforcement officials in their surveillance of
cardroom activities and in the enforcement of
this chapter and state laws regulating gambling;
(2) That the proposed cardroom will not
conform with the character of other uses of land
in the vicinity. (Ords. 1861, 1508: prior code ~
5205(d), (e)).
52-2.616 Cardroom license -. Certificate
display. Upon approval of the application for a
cardroom license, the sheriff shall issue a
certificate of license suitable for display. The
licensee shall display this certificate prominently
in the cardroom during all times that the license
is unsuspended and unrevoked. (Ord. 1464:
prior code ~ 5205.5).
52-2.618 Cardroom license - Fee. (a) New
146-2
MECHANICAL AMUSEMENT DEVICES
license. If the board approves the application
for a cardroom license, the applicant shall pay
an annual license fee of three hundred dollars
per card table.
(b) Transferred License. An applicant for a
license to be transferred shall pay an additional
transfer fee of one thousand dollars. (Ords.
76-67 ~ 2 (part), 1779, 1506: prior code ~
5206).
52-2.620 Cardroom license - No further
issuance. No new cardroom licenses shall be
issued after November 23, 1973. (Ord. 73-84 ~
1 ).
Chapter 52-4
MECHANICAL AMUSEMENT DEVICES*
Sections:
52-4.002
52-4.004
52-4.006
Defmition.
Prohibited.
Seizure and destruction.
52-4.002 Def'mition. As used in this
chapter, "mechanical amusement device" means
any mechanical grab machine which, on the
insertion of a coin, slug, token, slot, plate or
disk, may be operated by the public generally
for use as a game, entertainment or amusement,
whether or not registering a score. Included are
such devices as mechanical grab and claw
machines and all similar machines, operations, or
transactions under any name. (Prior code ~
5220: Ord. 1015).
52-4.004 Prohibited. (a) No person shall
own, possess, keep or control, either as
principal, agent, employee, lessee or otherwise,
any mechanical amusement device within
unincorporated areas of this county.
(b) No person shall allow any mechanical
amusement device to be placed, kept or
maintained for use by the public in any building,
structure or place of business owned, leased,
controlled or possessed by him within the
unincorporated areas in this county. (Prior code
~ 5221: Ord. 1015).
52-4.006 Seizure and destruction. Any
* For the statutory provisions regarding slot machines, see Pen.
C. ~ 330 ff.
52-2.620-52-6.006
mechanical amusement device found by any
deputy sheriff, constable, or police officer of
this county to be available for use by the public
within the unincorporated areas Of this county
may be seized and impounded by the officer. If
any person is tried and found guilty of allowing
the device to be so used, the machine shall be
destroyed by the officer. (Prior code ~ 5222:
Ord. 1015).
Chapter 52-6
PUBLIC DANCES*
Sections:
52-6.002
52-6.004
52-6.006
Defined.
Hours.
Nuisance- Abatement.
52-6.002 Defined. "Public dance" means
any gathering of people in or on any premises
where the pUblic is admitted and dances, either
as the main or incidental purpose of such
gathering. (Ords. 2042 ~ l(a), 1966, 1587: prior
code ~ 5240: Ord. 181).
52-6.004 Hours. No person shall allow or
hold a public dance in or on premises owned by
him or under his control between two a.m. and
nine a.m. of any day. (Ords. 2042 ~ l(b), 1966,
1587: prior code ~ 5240: Ord. 181).
52-6.006 Nuisance - Abatement. Whenever,
at any public dance, there is a clear and
immediate danger to the health, safety and
welfare of a neighborhood or any considerable
number of persons, by reason of conduct or
events at the dance such as loud or unusual
noise, tumultuous or offensive conduct,
quarreling, challenging to fight or fighting, this
condition is a nuisance and unlawful; and the
sheriff or his deputies may summarily abate such
a nuisance by clearing, evacuating and/or closing
the premises, and/or dispersing the persons
therein. (Ords. 2042 ~ l(c), 1966, 1587: prior
code ~ 5240: Ord. 181).
*For the statutory provisions relating to fIre and panic safety for
dance halls, see Health & sar. c. ~ 13143; for the provisions
regarding the use.of flame-resistant materials, see Health & Saf.
.C. ~ 13155 ff. For the provisions regarding marathon dances.
and exhibitions.seePen. C. ~.1l450 ff.
For sheriff, see Ch. 24-20 of this code.
146-3
(Contra Costa County 3-15-77)
54-2.002-54-2.008
GENERAL WELFARE AND BUSINESS REGULATIONS
Division 54
PUBLIC ORDER
Chapters:
54- 2 Curfew
54-4 False Reports
54-6 Intoxication
54-8 Labor Disputes
54-10 Rewards
54-12 Automatic Communication
Devices
Chapter 54-2
CURFEW
Sections:
54-2.002
54-2.003
54- 2.006
54-2.008
Imposition.
Exceptions.
Report to sheriff.
Proprietors to exclude minors.
54-2.002 Imposition. No person under the
age of eighteen years shall remain or loiter in
any street or public place any time during the
following hours:
(1) On Sunday, Monday, Tuesday,
Wednesday, and Thursday, between ten p.m.
and one-half hour before sunrise of the
following day; and
(2) On Saturday and Sunday, between 12:01
a.m. and one-half hour before sunrise. (Ords.
75-44, 1577: prior code S 5401: Ords. 956, 153
S 1,69).
54-2.003 Exceptions. Persons under the age
of eighteen years are excepted from the
operation of this chapter:
(1) When accompanied by a parent, legal
guardian, or other adult person entrusted with
the minor's care and custody by a parent or legal
guardian; or
(2) When actually attending or returning
directly home immediately after a bona fide
meeting, dance or party at a church, school, or
youth club; or when engaged in, or immediately
and directly going to or returning home from,
lawful employment. (Ords. 75-44, 1457, 956).
(Contra Costa County 3-15-77)
54-2.006 Report to sheriff. Each owner,
agent, manager, or keeper of a boardinghouse or
lodging house, hotel, motel or motor court shall
report immediately to the sheriff's office the
presence therein of any person under the age of
eighteen years not excepted from the operation
of this chapter under Section 54-2.003. The
report shall include the name, age, last known
place of abode, and the names and residences of
the parents, guardian, or any other custodian of
the minors, so far as this information is
obtainable. (Ord. 75-44: prior code S 5402:
Ord.956).
54-2.008 Proprietors to exclude minors. No
proprietor, keeper, clerk or other person having
charge or control of any public eating place,
place of amusement or public dance hall shall
permit any person under the age of eighteen
years to remain or loiter in that place during the
curfew hours set forth in Section 54-2.002,
unless such minor is excepted from the
operation of this chapter under Section
54-2.003. (Ords. 75-44, 1577: prior code 5403:
Ords. 956,181).
146-4
TRANSIENT BUSINESSES*
Division 56
Chapters:
56-2 Carnivals and Fairs
56-4 Solicitors and Peddlers
56-6 Fortunetelling
CARNIVALS AND F AIRS**
Chapter 56-2
Sections:
56-2.002
56-2.004
56-2.006
56-2.008
56-2.010
License- Required.
License-Fees designated.
License-Fee exemptions.
When permit required.
Enforcement officer.
56-2.002 License-Required. Every person
conducting, managing or operating any transient
fair, carnival, ferris wheel, scenic railway,
merry-go-round, swing, chute-the-chute, open-air
amusement device, traveling theatrical show, or
other similar exhibition and amusement shall
first obtain a permit from the board of
supervisors. (Prior code S 6200: Ord. 391).
*For the statutory authority of counties to license for
regulatory purposes any kind of business not prohibited by
law, transacted and carried on within the territorial limits of
the county's jurisdiction, including all shows, exhibitions and
lawful games, and to fix the rate of the license fee, see Bus. &
Prof. C. ~ 16100. For the authority to license for revenue
purposes individuals acting as hawkers, itinerant peddlers or
vendors, other than merchants having a fixed place of business
in the county, their employees and farmers selling their farm
produce, see Bus. & Prof. C. ~ 16101. For the provisions
exempting veterans, see Bus. & Prof. C. ~ 16102. For the
provisions exempting commercial travelers at wholesale, see
Bus. & Prof. C. ~ 16103; for the statutory prohibition against
requiring a regulatory license or fee with respect to cafe
musicians, see Bus. & Prof. C. ~ 16100.5. For the statutory
provisions prohibiting counties from prohibiting a person
licensed by the state from engaging in that business or
occupation, but allowing the county to license for both
regulatory and revenue purposes such persons, see Bus. &
Prof. C. ~ 460.
**For the statutory provisions regarding fairs and expositions
generally, see Agric. C. ~ 3001 ff and Gov. C. ~ 25900 ff; for
the provisions regarding toilet facilities for itinerant
restaurants, see Health & Saf. C. ~ 28596; for the provisions
regarding tents and fire protection, see Health & Saf. C. ~
13115 ff; for the provisions regarding amusement rides safety,
see Labor C. ~ 7900 ff. .
CARNIVALS AND FAIRS
56-2.002-56-2.010
56-2.004 License - Fees designated. Every
applican t for the license required by Section
56-2.002 shall pay in advance to the county tax
collector a license fee of seventy-five dollars per
day. An additional five dollars per day shall be
paid for every separate show, concession,
attraction or exhibition, every ride or
amusement device of any kind, and every other
attraction or exhibition if an admission fee or
any charge whatsoever is imposed on the patrons
and if the separate show is conducted in
conjunction with the fair, carnival or other
attraction described in Section 56-2.002. (Prior
code S 6201: Ord. 391).
56-2.006 License - Fee exemptions. The
board of supervisors on hearing an application
for a carnival license may remit the license fees
provided in this chapter and authorize the
issuance of a permit without license fees if any
of the exhibitions or amusements are given or
are sponsored by organizations whose principal
purpose is charity, educational benefits, civic
purposes, or general welfare and public interests.
(Prior code S 6202: Ord. 391).
56-2.008 When permit required. No portion
of any public street, road or highway shall be
used to conduct any fair, carnival or other
exhibition or amusement referred to in this
chapter unless special permission is secured and
the portion of a public street, road or highway
permitted to be so used is specifically designated
in the permit. (Prior code S 6203: Ord. 391).
56-2.010
enforcement
responsibility
S 6204).
Enforcement officer. The
of this chapter shall be the
of the county sheriff. (Prior code
Chapter 56-4
SOLICITORS AND PEDDLERS*
Article 56-4.2 Definitions
Sections:
56-4.202 Person defined.
*For the statutory authority of counties to license hawkers,
itinerant peddlers or vendors, see Bus. & Prof. C. ~ 16101; for
the statutory provisions prohibiting minors under sixteen from
engaging in peddling, see Labor C. ~~ 1308 and 1298 (girls
eighteen and under); for the provisions exempting veterans, see
Bus. & Prof. C. ~ 16102; for the authority to stop peddlers for
a weights and measures check, see Bus. & Prof. C. ~ 12213.
149
(Contra Costa County 5.81)
56-4.202-56-4.208
GENERAL WELFARE AND BUSINESS REGULATIONS
56-4.204 Peddler defined.
56-4.206 Solicitor defined.
56-4.208 Engaged in business defined.
Article 56-4.4 Permit-General Requirements
Sections:
56-4.402
56-4.404
56-4.406
56-4.408
56-4.410
56-4.412
Permit- Required.
Permit-Exceptions.
Permit- Veterans exempted
from fees.
Permit-Restricted premises
and hours.
Permit-Soliciting on vehicles.
Permit-Activities creating
nuisance.
Permit-Application
Article 56-4.6
Sections:
56-4.602 Permit- Applica tion -Con ten ts.
Article 56-4.8 Permit-Issuance
Sections:
56-4.802
56-4.804
56-4.806
56-4.808
56-4.810
56-4.812
56-4.814
56-4.816
Article 56-4.10
Sections:
56-4.1002
56-4.1004
Article 56-4.12
Sections:
56-4.1202
56-4.1204
56-4.1206
Permit issuance-Application
fee required.
Permit issuance-Health officer
investigates.
Permit issuance-Applicant
investigation by sheriff.
Permit issuance-Refusal
conditions.
Permit issuance-Record
kept by sheriff.
Permit issuance- Renewal
provisions.
Permit issuance-
_Nontransferable.
Permit issuance-Display
requirements.
Fees and Bonds
Fees and bonds-Additional
fees.
Fees and bonds-Liability
insurance and bond
req uiremen ts.
Enforcemen t
Enforcemen t-Authority.
Enforcement-Permit
revocation.
Enforcement-Appeal hearing.
Article 56-4.2
Definitions
56-4.202 Person defined. "Person," as used
in this chapter, means and includes the singular
(Contra Costa County 5-81)
and the plural and also means and includes any
individual, firm, corporation, association, club,
copartnership, joint venture, and any other
organization. (Ord. 1961: prior code S 6221(a):
Ord. 1399).
56-4.204 Peddler defined. "Peddler," as
used in this chapter, means and includes any
person who travels by foot or by any type of
conveyance from door to door, house to house,
place to place or street to street, carrying,
conveying or transporting food, goods, wares,
merchandise or other personal property of any
nature whatever, offering or exposing the same
for sale or making sales and delivering articles to
purchasers, or who without traveling from place
to place sells or offers the same for sale from
any vehicle or from any place not a permanent
store building. "Peddler" means and includes the
words "hawker," "huckster" and "itinerant
vendor." "Peddler" also means a person offering
goods, wares or merchandise for sale or future
delivery from a fixed place of business if the
goods, wares or merchandise are sold during a
temporary or limited period of time, or
seasonally. (Ord. 1961: prior code S 622l(b):
Ord. 1399).
56-4.206 Solicitor defined. "Solicitor," as
used in this chapter, means and includes any
person who travels either by foot or by any type
of conveyance from door to door, house to
house, place to place or street to street, taking
or attempting to take subscriptions, contracts of
sale, or orders for the sale of foods, goods,
wares, merchandise or other personal property
of any nature whatever for future delivery, or
for services to be furnished or performed in the
future, whether or not such person has, carries
or exposes for sale a sample of the subject of
such sale or whether he collects advance
payments on such sales or not. "Solicitor"
includes any person who uses or occupies any
building, structure, room, shop, conveyance or
other place other than a permanent store
building within the county for the purpose of
exhibiting samples and taking orders for future
delivery. "Solicitor" includes "itinerant
merchants," and persons soliciting funds or
otherwise peddling or soliciting for religious,
political or charitable purposes. (Ord. 1961:
prior code S 622l(c): Ord. 1399).
56-4.208 Engaged in business defined.
150
SOLICITORS AND PEDDLERS
I
"Engaged in business" means the conducting,
managing or carrying on of any such business or
helping therewith, by any person in any
capacity. (Ord. 71-110 ~ 8 (part), 1971: Ord.
1961: prior code ~ 6221(d): Ord. 1399).
Article 56-4.4
Permit -General Requirements
56-4.402 Permit ~ Required. It is unlawful
for any person to engage in the business of
peddler or solicitor within the unincorporated
area of the county, or to go from door to door
or house to house or street to street within the
unincorporated area of the county, for the
purpose, direct or indirect, and whether or not
the same is the sole purpose, of peddling or
soliciting, without first obtaining a permit
therefor as provided in this chapter. (Ord. 1961:
prior code ~ 6220: Ord. 1399).
56-4.404 Permit - Exceptions. Excepting
Sections 56-4.408, 56-4.410 and 56-4.412, this
chapter shall not apply to:
(1) Persons soliciting orders from or selling to
retail dealers for use, or for resale, or to
manufacturers for processing;
(2) Public agencies;
(3) Any person operating a regular route not
less than once a week for newspapers or such
goods as ice, or egg, dairy or bakery products, or
for laundry or dry cleaning services;
(4) Persons regulated and required to be
licensed by the state or any of its agencies, while
these personS are actually engaged in the activity
for which the license is required;
(5) Persons delivering or soliciting for a
newspaper of general circulation;
(6) Growers or producers of any agricultural
commodity sold or offered for sale on the
premises where grown or produced;
(7) Persons soliciting funds or peddling or
soliciting goods or publications for the sole and
bona fide purpose of propagating a religious or
political faith, doctrine or belief or for
charitable purposes, provided that persons
soliciting funds for such religious, political or
charitable purposes turn over not less than
seventy-five percent of all funds solicited to such
religious, political or charitable purpose. (Ord.
1961: prior code ~ 6222: Ord. 1452: Ord.
1399).
56-4.406 Permit - Veterans exempted from
56-4.402-56-4.602
fees. Every member of the armed services of the
United States who has received an honorable
discharge or has beeen released from active duty
under honorable conditions, and who applies for
the permit required in this chapter, shall be
issued the permit, if his application is approved,
without payment of the permit application fee,
the permit renewal fee or the permit fee. The
veteran shall be subject to all other requirements
and conditions of this chapter without
exception. This exemption shall not apply to
any veteran engaging peddlers or solicitors or to
any member of the veteran's family or to his
employees, associates, partners or agents. (Ord.
1961: prior code ~ 6226: Ord. 1399).
56-4.408 Permit - Restricted premises and
hours. It is unlawful for any person to peddle or
solicit at any premises within the
unincorporated area of the county which are
posted with a clearly visible sign bearing the
words "No Peddlers or Solicitors" or similar
words of the same purport and effect. Peddling
and soliciting shall be limited to the hours
between eight a.m. and seven p.m. Peddling or
soliciting at other times is prohibited. (Ord.
1961: prior code ~ 6227: Ord. 1399).
56-4.410 Permit - Soliciting on vehicles.
Any person who on any railroad train,
steamboat or other vehicle solicits patronage for
any hotel, vehicle or other business without first
having obtained permission in writing from the
owner, charterer, lessee or operator of the
vehicle is guilty of a misdemeanor. (Ord. 1961:
prior code ~ 6231: Ord. 1399).
56-4.412 Permit Activities creating
nuisance. No solicitor or peddler, in the course
of activities regulated in this chapter, shall create
any public nuisance or disturb the peace and
quiet of the neighborhood by the use of loud
noise, brilliant lights, or any act offensive to the
senses. (Ord. 1961: prior code ~ 6232: Ord.
1399).
Article 56-4.6
Permit - Application
56-4.602 Permit - Application - Contents.
Application for the permit required by this
chapter shall be by declaration under penalty of
perjury in writing on a form to be provided by
the sheriff. The applicant shall give the following
151
(Contra Costa County 3-25-75)
56-4.802-56-4.810
GENERAL WELFARE AND BUSINESS REGULATIONS
information and material:
(1) Name, birth date and description of the
applicant;
(2) Permanent home address and local
address of the applicant;
(3) The name and address of the applicant's
business, his interest in or relationship with such
business, and if the applicant is employed, the
name and address of his employer together with
credentials establishing the exact relationship
between the applicant and such employer;
(4) A brief description of the nature of the
applicant's business and of the product or
service to be peddled or solicited;
(5) If any food product or substance for
human consumption is to be peddled, a
statement certifying compliance with Sections
412-4.402 and 412-4.408;
(6) The length of time for which the permit
to peddle or solicit is desired;
(7) A statement whether or not the applicant
has been convicted of any felony, or of any
misdemeanor involving the violation of any
municipal ordinance regulating or taxing any
business, or of any misdemeanor involving moral
turpitude;
(8) Two photographs, two inches by one inch
in size, or similar, of the head and shoulders of
the applicant; and the applicant's right
thumbprint. (Ord. 1961: prior code S 6223:
Ord. 1399).
Article 56-4.8
Permit - Issuance
56-4.802 Permit issuance - Application fee
required. At the time of making application for
a permit, the applicant shall pay the sheriff an
application fee of five dollars to reimburse the
county for the cost of processing the
application. No application shall be processed
unless the application fee first is paid, and the
application fee is not refundable. (Ord. 1961:
prior code S 6224(A): Ord. 1399).
56-4.804 Permit issuance - Health officer
investigates. If the application is for a permit to
peddle anything for human consumption, or
anything which might endanger the public
health, the sheriff shall refer it to the health
officer who shall investigate the applicant and
the applicant's equipment, facilities, place of
business and/or manner of operation of same, as
he deems necessary to protect the public health
(Contra Costa County 3-25-75)
and welfare and to assure compliance with state
and county sanitation laws and regulations. The
health officer shall note on the application his
approval or disapproval thereof (including his
reasons for disapproval based on unsatisfactory
results of his investigation), and return it to the
sheriff.
As used herein, "health officer" includes any
subordinate(s) he designates from time to time
for any or all of his functions hereunder. (Ords.
74-67 S 4,1961: prior code S 6224(b): Ord.
1399).
56-4.806 Permit issuance Applicant
investigation by sheriff. * .The sheriff may make
or cause to be made, within a reasonable time
after the filing of each such application, an
investigation of the moral character and business
responsibility of the applicant. (Ord. 1961: prior
code S 6224(c): Ord. 1399).
56 -4.808 Permit issuance Refusal
conditions. If the sheriff finds that the
applicant:
(1) Has unsatisfactory moral character and/or
business responsibility; or
(2) Has been convicted of a felony or of a
misdemeanor involving moral turpitude or of
any law regulating or taxing business; or
(3) Is under the age set forth in Labor Code
Section 1298 (but no permit shall ever be issued
to a person under fourteen nor to a person
employing person(s) under sixteen), then the
sheriff shall disapprove the application, noting
his disapproval and its reasons thereon, notify
the applicant thereof, and shall not issue a
permit thereon. (Ord. 71-110 S 8 (part), 1971:
Ord. 1961: prior code S 6224(d): Ord. 1399).
56-4.810 Permit issuance - Record kept by
sheriff. If, upon completion of the investigation,
the application is approved, and after payment
of all fees and posting of all. bonds required by
this chapter, the sheriff shall issue or cause to be
*For sheriff, see Ch. 24-20, this code.
152
SOLICITORS AND pEDDLERS
issued a permit addressed to the applicant for
the carrying on of the business of peddler or
solicitor, and the sheriff shall keep a record
showing the number of each permit, the purpose
for which it is issued, the name and address of
the person to whom it is issued, and the dates of
issue and expiration thereof. (Ord. 1961: prior
code @ 6224(e): Ord. 1399).
56-4.812 Permit issuance Renewal
provisions. The permit shall be valid for not
more than one year from the date of issue and
may be renewed thereafter without further
sheriff's investigation upon payment to the
sheriff of a renewal fee of five dollars together
with the payment of all fees and the posting of
all bonds required by this chapter, within one
month of the expiration date; provided that
renewal shall be conditioned by the sheriff, if
required, upon health officer review and
approval as provided in Section 56-4.804. (Ord.
1961: prior code ~ 6224(f): Ord. 1399).
56-4.814 Permit issuance
Nontransferable. The permit shall not be
transferred to or used by any person other than
the applicant. (Ord. 1961: prior code @ 6228:
Ord. 1399).
56-4.816 Permit issuance Display
requirements. Every applicant shall, at all times
when engaged in peddling or soliciting activities
wear an identification card supplied by the
sheriff attached to his clothing so that it is easily
visible to persons he deals with, and at all times
carry the permit issued hereunder and exhibit it
on request to any person. (Ord. 1961: prior
code @ 6229: Ord. 1399).
Article 56-4.10
Fees and Bonds
56-4.1002 Fees and bonds - Additional
fees. (a) After the approval of a permit
application, and before a permit may be issued,
in addition to permit application fees and permit
renewal fees, the following permit fees shall be
payable to the tax collector:
(1) For each person engaging peddlers or
solicitors, one hundred fifty dollars per year. In
addition to this fee, five dollars shall be paid on
. account of each peddler or solicitor employed;
(2) For each person acting individually as a
peddler or solicitor, sixty dollars per year,
56-4.812-56-4.1004
payable quarterly in the sum of fifteen dollars,
for a three month permit.
(b) Interstate commerce exemption
provisions shall be as follows:
(1) Applicants whose peddling or solicitation
consists exclusively of the solicitation of orders
to be filled solely by interstate shipment on
behalf of businesses who do not maintain a place
of intrastate business in the state of California
are exempt from the permit fee required by
subsection (a).
(2) This exemption shall be claimed yearly
by fIling by the applicant with the tax collector
the following declaration, under penalty of
perjury:
"I declare that my business activity under the
Contra Costa County solicitors' and peddlers'
law (Chapter 56-4) will consist exclusively of the
solicitation of orders to be fIlled solely by
interstate shipment from businesses who do not
maintain a place of intrastate business in the
state of California."
(3) Applicants who claim this exemption
shall receive a permit restricted to the
solicitation of orders to be filled solely by
interstate shipment from businesses who do not
maintain a place of intrastate business in the
state of California; any other peddling or
soliciting by such persons without having first
paid the permit fee and received an unrestricted
permit is prohibited. (Ord. 1961: prior code @
6225: Ord. 1399).
56-4.1004 Fees and bonds - Liability
insurance and bond requirements. No person
shall conduct any business or solicitation or sale
of merchandise at a fixed location outside of a
permanent building until a solicitor's permit is
obtained. In addition to the permit fees and
bonds otherwise required, such applicant shall
deposit with the sheriff a fifty dollar cash bond
to guarantee that on termination of the activity
the premises shall be left clean and sanitary. On
termination the sheriff shall inspect the
premises. If they have been cleared and left in a
sanitary condition, the deposit shall be returned.
If not, the sheriff may order the necessary
cleaning and pay for the work from the deposit,
returning the balance, if any, to the applicant. In
addition to the bond garanteeing that the
premises be left clean and sanitary, there shall be
fIled with the sheriff as to each and every such
applicant, a liability insurance policy or bond
executed by the applicant as principal and a
153
56-4.1202-56-4.1206
GENERAL WELFARE AND BUSINESS REGULATIONS
surety company qualified and authorized to do
business in California as surety, in the sum of
five thousand dollars to protect adequately the
interests of the county and the public. This
policy or bond shall bind the obligees that the
applicant shall:
(1) Fully comply with the provisions of this
chapter and with the provisions of all other
applicable regulations of the county and statutes
of the state of California concerning the sale of
any goods, wares, merchandise, or services
subject to this chapter;
(2) Pay all judgments rendered against the
applicant for injuries to persons and/or loss or
damage to property resulting from the negligent
operation of the business of the applicant within
the county;
(3) Pay all judgments recovered by any
person against the applicant arising out of any
misrepresentation or deception practiced upon
any person transacting business with the
applicant as a peddler or solicitor within the
county ;
(4) Pay all judgments recovered by any
person against the applicant arising from or
connected with the applicant's activities as a
peddler or solicitor within the county.
The policy or bond shall also provide that any
person injured by negligent operation of the
business or having a claim or cause of action
arising from the licensed activity, shall have a
right of action directly on the policy or bond.
Such policy or bond shall remain in full force
and effect for a period of ninety days after the
expiration of the permit and any renewal
thereof. (Ord. 1961: prior code ~ 6230: Ord.
1399).
Article 56-4.12
Enforcement
56-4.1202 Enforcement - Authority. (a)
The sheriff has primary responsibility to enforce
this chapter; but the fees provided for herein
constitute debts to the county, and the county
may bring an appropriate civil action to collect
them; and criminal and civil enforcement
measures are cumulative and not mutually
exclusive.
(b) When the sheriff has reason to believe
that any person soliciting funds for religious,
political, or charitable purposes is not turning
over not less than seventy-five percent of all
funds solicited to such religious, political or
charitable purposes, he shall give notice by
personal delivery or mail to any such person
soliciting funds or to the religious, political or
charitable organization, at whatever addresses
are then known to the sheriff. Upon receipt of
such notice, further solicitation without a
permit is prohibited unless the person soliciting
funds or the religious, political, or charitable
organization gives proof satisfactory to the
sheriff within ten days of the date of delivery of
or mailing such notice that at least seventy-five
percent of all funds solicited are being turned
over to such religious, political, or charitable
organization and that the organization is a bona
fide religious, political, or charitable
organization. (Ord. 1961: prior code ~ 6233:
Ord. 1399).
56-4.1204 Enforcement Permit
revocation. Any permit issued pursuant to this
chapter may be revoked at any time by the
sheriff for any of the following reasons:
(1) Fraud, misrepresentation Of false
statement contained in the application for a
permit, or in the interstate commerce exemption
declaration;
(2) Fraud, misrepresentation or false
statement made in the course of carrying on the
activity authorized by such permit;
(3) Violation of any provision of this
chapter;
(4) Conducting the activity authorized by the
permit in an unlawful manner, or in. such a
manner as to cause a breach of the peace or as to
constitute a menace to the health, safety, or
general welfare of the public;
(5) Conviction of any crime involving moral
turpitude;
(6) Finding of any fact, that if known, would
have prevented the issuance of the permit;
(7) Failure to pay any judgment arising from
or connected with the activities authorized by
the permit;
(8) Revocation or suspension of any required
health department permits. (Ord. 1961: prior
code ~ 6234: Ord. 1399).
56-4.] 206 Enforcement - Appea] hearing.
Any person aggrieved by any action of the tax
collector, sheriff or health officer taken
pursuant to this chapter shall have the right to
appeal to the board of supervisors. Such appeal
shall be taken by filing with the county clerk,
within fifteen days after notice of the action
154
complained of has been mailed or delivered to
such person, a written statement giving the
appellant's name and address and setting forth
fully the grounds of such appeal. The clerk of
the board of supervisors shall set a time and
place for a hearing on such appeal and shall
promptly give notice of such hearing to the
appellant in writing, delivered or mailed, to the
appellant at his last known address at least ten
days prior to the date set for such hearina. The
decision and order of the board of supe;;'isors
on such appeal shall be final. (Ord. 1961: prior
code S 6235).
Article 56-7.2
Sections:
56-7.202
56-7.204
56-7.210
56-7.212
56- 7.214
56-7.216
56-7.218
Article 56-7.4
Sections:
56-7.402
56-7.404
56-7.406
56- 7.408
56-7.410
56-7.412
Article 56-7.6
Sections:
56-7.614
56-7.616
56-7.618
56-7.620
Chapter 56-7
FORTUNETELLING
General
Definitions.
F ortunetelling.
License required.
Exemption.
Notices.
Sheriffs regulations.
Appeals.
Application
Application.
Investiga tions.
Sheriffs findings and
recommendation.
Notice of hearing.
Hearing.
Board order.
License
Form and requirements.
Renewals.
Bond.
Seizure, suspension,
revocation.
56-7.622 Reinstatement.
Article 56-7.8 Fees
Sections:
56-7.802
Fees.
Article 56-7.2
General
56- 7 .202 Definitions. Unless otherwise
specially provided or required by the context,
FORTUNETELLlNG
56-7.202-56-7.212
the following terms have the indicated meanings
in this chapter. (Ord. 76-30).
56- 7.204 Fortunetelling. "F ortunetelling"
means actually or purportedly to, or pretending,
assuming or undertaking to, or aiding, helping or
assisting another person to:
(I )(i) Foretell, foresee or influence a future
act, event, condition or situation, or find or
restore a lost or hidden thing, condition or
situation, whether physical, spiritual, emotional
or social, or
(ii) Persuade, induce or procure any person
to transfer, assign, convey, donate, devise,
bequeath, pledge, mortgage or deposit anything
of value;
(2) By means of astrology, augury, card
reading, clairaudience, clairvoyance, contacting
spirits, crystal-gazing, divination, handwriting or
character reading, life reading, magic,
mediumship, necromancy, numerology,
palmistry, phrenology or the reading of other
anatomical features, seership, or by an occult,
mystical, psychic or supernatural means, or by
means similar to these listed;
(3) Directly or indirectly accepting or asking
anything of value therefor as a fee,
compensation, gift, gratuity or reward; and it
also means to make, sell or give away any charm,
talisman, potion, or other magic thing, or
anything purporting to be such. (Ord. 76-30).
56-7.210 License required. No person shall
engage in, carry on, conduct, practice, exhibit,
advertise, solicit or do any act of fortunetelling
without having a currently valid license therefor
and otherwise fully complying with this chapter.
Every such person shall apply for such a license
and pay the fees therefor, and owes the fees
whether or not he applies. (Ords. 76-30, 74-41:
formerly code S 56-6.002: prior code ~ 6300:
Ords. 391, 341, 225, 63 ~ lH, 55 ~ lK, 22 ~
1M, 20 ~ 1M, 16 ~ 4M, 9 ~ 7, 1 ~ 6).
56-7.212 Exemption. This chapter does not
apply to:
(1) Any bona fide and nonprofit activity
solely of any bona fide and nonprofit religious,
scientific or educational organization, including
charities registered with the California Attorney
General; or
(2) Any activity solely for bona fide
entertainment purposes. A verified written claim
of exemption shall be filed with the sheriff, who
155
(Contra Costa County 5-81)
56-7.214-56-7.408
GENERAL WELFARE AND BUSINESS REGULATIONS
shall grant it if he finds it in order and not
detrimental to the public welfare. (Ord. 76-30).
56-7.214 Notices. All notices to the licensee
provided for herein may be given by mail to his
last known residence or licensed address, and are
deemed given on the second day after mailing.
(Ord. 76-30).
56-7.216 Sheriff's regula tions. The sheriff
may promulgate regulations governing the forms
of applications, licenses and notices, the
issuance, replacement, and display of the license,
and concerning his other functions hereunder
. ,
WhICh, when approved by the board, shall be
enforceable as though provisions of this chapter.
(Ord. 76-30). .
56-7.218 Appeals. Appeals from actions
hereunder shall be governed by Chapter 14-4 of
this code. (Ord. 76-30).
Article 56-7.4
Application
56-7.402 Application. Every applicant for a
license hereunder shall make a verified written
application therefor, including the required fees,
in a form satisfactory to the sheriff, and
containing:
(1) The true names, addresses, any criminal
records, fingerprints, and photograph(s) of the
applicant (who shall be one natural person) and
of all persons financially interested in the
business, including but not limited to all persons
who share in the profits of the business in any
way, and all creditors, mortgagees and lessors;
(2) The location and premises where, and the
days and hours when, the fortune telling will
occur;
(3) A statemen t that the applicant has
resided in Contra Costa County for the one year,
and the names and addresses he has used for any
businesses or occupations for the five years
immediately preceding the application;
(4) Any other information necessary for
investigation of the application as required by
the sheriff. (Ords. 76-30: formerly code S
56-6.004: prior code S 6301: Ords. 1429,341).
56-7.404 Investigations. Upon receiving a
proper application with required fees, the sheriff
shall investigate as he deems appropriate to
(Contra Costa County 5-81)
ascertain relevant facts, including the applicant's
reputation and background. (Ord. 76-30).
56 -7.406 Sheriff's findings and
recommendation. If the sheriff finds that:
(1) The application is complete and truthful;
(2) Neither the applicant nor his operation is
likely to be injurious to the public welfare, as by
victimizing or defrauding suggestible persons or
otherwise; and
(3) All applicable laws and ordinances
(including zoning regulations) are complied
with;
he shall recommend that the board of
supervisors hear the matter. (Ord. 76-30).
56-7.408 Notice of hearing. (a) Upon
making his favorable recommendation the
sheriff shall arrange for a hearing on the
156
application before the board and shall cause
notice to be given to the applicant and the
public. The notice shall state the applicant's
name and address, and the name, if any, and
address of the premises proposed, and the time
and place for a public hearing before the board,
at which hearing the applicant will present his
application and any interested person may
protest the issuance of the license.
(b) The sheriff shall cause a copy of this
notice to be posted conspicuously in front of
the premises proposed and conspicuously at two
places within five hundred feet of those
premises.
(c) The notice shall be posted at least ten
days before the hearing date. (Ord. 76-30).
56-7.410. Hearing. (a) At the time and place
specified in the notice, or at such later time to
which the hearing may be continued, the board
shall hear the application and any protests of
interested persons to the issuance of the license.
(b) The applicant shall have the burden of
presenting all necessary evidence from which
findings required by this section may be made.
The board may order a license granted to an
."individual for a specific location if it finds that
all of the following conditions are satisfied:
(l) That the application has been fully and
truthfully completed;
(2) That neither the applicant nor any person
fmancially interested in the business operated on
the premises has been convicted of a felony or
of any crime involving moral turpitude or
dishonesty, and that they are all of good moral
character;
(3) That the premises are not located near a
school or playground, or a retail, commercial or
recreational facility frequented by minors, that
the activity will not be detrimental to the
welfare of minors;
(4) That the proposed activity will conform
with the character of other land uses in the
vicinity and will not be detrimental to the
health, safety and general welfare of, or create a
nuisance or law enforcement problems within,
the neighborhood or community. (Ord. 76-30).
56-7.412 Board order. (a) If, after the
hearing, the board finds the above conditions are
satisfied, it may order the sheriff to grant the
license, and it may impose such reasonable
conditions as it may determine to be necessary
in order to effectuate the purposes of this
FORTUNETELLING
56-7.410-56-7.618
chapter, including but not limited to, the
following:
(1) Location, design and lighting of the
premises and signs related thereto;
(2) Hours of operation;
(3) Related business on the premises.
(b) Upon annual renewal of a license, the
sheriff may require the licensee to comply with
any conditions which the board may establish in
granting applications after the enactment of this
chapter or the granting or renewal of that
license. (Ord. 76-30).
Article 56-7.6 License
56-7.614 Form and requirements. (a)
Nature. The license is only a temporary,
personal and nontransferable permit to act
within the provisions of this chapter and all
other applicable laws and regulations, and
always expires no later than one year from its
date. It has no validity when it has been seized,
suspended or revoked by the sheriff. Any
attempt to transfer, assign, pledge, mortgage or
hypothecate the license, or to attach or execute
on it, immediately and permanently voids it.
(b) Form. The sheriff shall design the form of
license, which shall contain the
applicant-licensee's photograph and a disclaimer
of responsibility on the part of the county and
its officials.
(c) License Information. The licensee shall
promptly inform the sheriff of any changes in
the information on the application, and the
sheriff may require that this include the names
and addresses of any employees or associates in
the licensed activity. (Ord. 76-30).
56-7.616 Renewals. A license may be
renewed by the sheriff but only as a new license,
upon payment of the renewal fee, with only as
much of the application renewed or repeated as
the sheriff requires and as much of the hearing
process before the board a~ he recommends or
the board requires. (Ord. 76-30).
56-7.618 Bond. No license shall be issued,
and none is valid, unless and while the
applicant-licensee has on file with the sheriff a
currently valid bond approved by the sheriff, or
a cash deposit in the sum of five thousand
dollars, payable to the people of the state, or as
ordered by a court for the benefit of anyone
injured contrary to its conditions, and
156-1
(Contra Costa County 9-15-76)
56-7.620-56-7.802
GENERAL WELFARE AND BUSINESS REGULA nONS
conditioned that the applicant-licensee will
conduct all his licensed activities in a quiet,
decent, fair and honest manner and in complete
conformity with the laws and regulations of this
state and county. (Ord. 76-30).
56-7.620 Seizure, suspension, revocation.
(a) Whenever the sheriff makes a written finding
that there exists or has occurred any violation of
this chapter, or of any applicable law or
regulation, attributable to the licensee or
activities relating to the license, which
immediately and seriously endangers the public
welfare, he may summarily seize the license, or
declare it seized, if he cannot practicably seize
it. He shall so notify the licensee in writing as
soon as practicable, and also orally if
practicable. Upon demand by the licensee, the
sheriff shall grant a hearing on this subject
within forty-eight hours (excluding Saturdays,
Sundays and other holidays), and shall then
promptly make his written finding and decision
whether to reinstate, suspend or revoke the
license.
(b) Suspension. After a seizure hearing, or
upon the sheriffs written finding that a similar
condition exists but where the serious danger is
not immediate although impending, he may
suspend the license for not over thirty days and
seize it or declare it seized. He shall give notice
and proceed as for seizures (unless suspension
follows a seizure hearing), except that the
hearing may be within five business days.
(c) Revocation. After a seizure or suspension
hearing, or upon at least ten days' written notice
to the licensee, the sheriff may conduct a
hearing on revoking the license, which he may
do on his written fmding that a condition
described in subsection (a) of this section is a
serious danger to the public welfare and is so
serious, dangerous, flagrant, wilful,
long-continued, repeated and/or uncorrectable
that revocation is an appropriate remedy. Such
cause may include apparent absconding by the
licensee or his apparent abandonment of the
activity, as well as violations of this chapter.
(d) Notice. If the sheriff is unable to seize the
license, as provided for here, he shall, and after
seizure, suspension or revocation he may, post
notice of his action on the premises. No person
shall remove such notice without authorization
during the reasonable period of posting stated
therein. (Ord. 76-30).
(Contra Costa County 9-15-76)
56-7.622 Reinstatement. After the period
of a seizure or suspension, the sheriff shall
revalidate and return the license for any period
remaining of its original term, if the licensee
pays the reinstatment fee. (Ord. 76-30).
Article 56-7.8
Fees
56-7.802 Fees. (a) General. All fees are
nonrefundable and nonproratable, and shall be
paid to the tax collector. If any fee is not
lawfully and timely paid, the application or
license is void.
(b) Application. As the first part of each
application, the applicant shall pay an
application fee of one hundred dollars.
(c) Year. Before any license is validly issued,
the applicant-licensee shall pay an annual fee of
two hundred fifty dollars, which shall allow
operation for twelve months.
(d) Renewals. Before a license. is validly
renewed, the licensee shall pay a new application
fee plus a new annual fee.
(e) Reinstatements. Before a license is validly
reinstated for the remainder of its original
period, the licensee shall pay a reinstatement fee
of two hundred dollars. (Ord. 76-30: prior code
~ 6301: Ords. 1429, 391, 341, 225, 63, 55, 22,
20, 16,9, 1).
156-2
Division 58
CA TV SYSTEMS
Chapters:
58-2 Definitions
58-4 General Provisions
58-6 License Limits and Reserved Rights
58-8 Construction, Relocation
and Abandonment
58- 10 Obligation and Service
58- 12 Applications
Chapter 58-2
DEFINITIONS
Sections:
58-2.002
58-2.004
58-2.006
58-2.008
58-2.010
58-2.012
58-2.014
58-2.016
58-2.018
58-2.020
Generally.
CATV.
County and board.
Gross annual receipts.
License.
Licensee.
Property of licensee.
Service area.
Street.
Subscriber.
58-2.002 Generally. Unless otherwise
indicated in this division, the following terms
have the meanings set forth in this chapter.
(Ord. 1995: Ord. 1980: prior code @ 6400
(part): Ord. 1431: Ord. 696).
58-2.004 CATV. "CATV" means a
community antenna television system defined as
a system of antenna, coaxial cables, wires, wave
guides, or other conductors, equipment or
facilities designed, constructed or used for the
purpose of providing television or FM radio
service by cable or through its facilities as herein
contemplated. "CATV" shall not mean or
include the transmission of any special program
or event for which a separate and distinct charge
is made to the subscriber in the manner
commonly known and referred to as "pay
television." (Ord. 1995: Ord. 1980: prior code @
6400(d): Ord. 1431: Ord. 696).
58-2.006 County and board. "County" and
DEFINITIONS
58-2.002~58-2.0l6
"board" mean the county of Contra Costa and
its board of supervisors. (Ord. 1995: Ord. 1980:
prior code @ 6400(a): Ord. 1431: Ord. 696).
58-2.008 Gross annual receipts. "Gross
annual receipts" means any and all
compensation and other consideration in any
form whatever and any contributing grant or
subsidy received directly or indirectly by a
licensee from subscribers or users in payment for
television or FM radio signals or service
excluding installation and line extension charges
received within the county.
"Gross annual receipts" shall not include any
taxes on services furnished by the licensee
imposed directly on any subscriber or user by
any governmental unit and collected by the
licensee for such governmental unit. (Ord. 1995:
Ord. 1980: prior code S 6400(h): Ord. 1431:
Ord. 696).
58-2.010 License "License" means and
includes any nonexclusive authorization granted
pursuant to this division in terms of a license,
permit or otherwise to construct, operate and
maintain a CATV system in the unincorporated
area of this county. (Ord. 1995: Ord. 1980:
prior code @ 6400(c): Ord. 1431: Ord. 696).
58-2.012 Licensee. "Licensee" means the
person, firm or corporation to whom or which a
license, under this division, is granted by the
board and the lawful successor or assignee of the
persons, firm or corporation, but shall not
include a telephone company furnishing a
license hereunder with distribution channels for
use in a CATV system pursuant to tariffs on file
with the Public Utilities Commission of the state
of California which telephone company may so
do without obtaining a license pursuant to this
division. (Ord. 1995: Ord. 1980: prior code S
6400(b): Ord. 1431: Ord. 696).
58-2.014 Property of licensee. "Property of
licensee" means all property constructed,
installed, operated or maintained by a licensee
under the authority of a nonexclusive license
issued pursuant to this division. (Ord. 1995:
Ord. 1980: prior code @ 6400(f): Ord. 1431:
Ord. 696).
58-2.016 Service area. "Service area" means
the unincorporated area in this county in which
a licensee is authorized pursuant to this division
156-3
(Contra Costa County 3-15-79)
58-2.018-58-4.002
GENERAL WELFARE AND BUSINESS REGULATIONS
to construct, maintain. and operate a CATV
system. (Ord. 1995: Ord. 1980: prior code ~
6400(i): Ord. 1431: Ord. 696).
58-2.018 Street. "Street" means the surface
of and the space above and below any public
street, highways, alleys, public properties, or
public easements of the county, now or
hereinafter existing as such within the county.
(Ord. 1995: Ord. 1980: prior code ~ 6400(e):
Ord. 1431: Ord. 696).
58-2.020 Subscriber. "Subscriber" means
any person or entity receiving for any purpose
the CATV service of a licensee. (Ord. 1995: Ord.
1980: prior code ~ 6400(g): Ord. 1431: Ord.
696).
GENERAL PROVISIONS*
Chapter 58-4
Sections:
58-4.002
58-4.004
58-4.006
58-4.008
58-4.010
58-4.012
58-4.014
58-4.016
58-4.018
58-4.020
58-4.022
58-4.024
58-4.026
58-4.028
License- Required.
License-Granting.
License-Uses permitted.
License- Duration - Forfeiture.
Payments.
License-Required condition.
License- Renewal provisions.
License-Effective date.
License~Acceptance by
licensee.
Subscriber rates and charges.
Financial statement and
inspection.
Unauthorized connections and
tampering.
Sale of television receivers.
Other jurisdictions.
58-4.002 License - Required. No person,
fIrm or corporation shall establish, operate or
carry on the business of distributing to any
persons in this county any television signals or
radio signals by means of a CATV system unless
a license therefor has first been obtained
pursuant to the provisions of this division, and
unless such license is in full force and effect.
*For the statutory authority of counties to license the
construction of a community antenna television system and to
prescribe such rules and regulations deemed necessary to
protect the subscribers of the service, see Gov. C. ~ 53066.
(Contra Costa County 3-15-79)
156-4
Also, no person, firm or corporation shall
construct, install or maintain within any street
in the county, or within any other public
property of the county, or within any
privately-owned area within the county which
has not yet become a public street but is
designated or delineated as a proposed public
street on any tentative subdivision map
approved by the county, any equipment or
facilities for distributing any television signals or
radio signals through a CATV system, unless a
license authorizing such use of such street or
property or area has first been obtained
pursuant to the provisions of this division, and
unless such license is in full force and effect.
(Ord. 1995: Ord. 1980: prior code ~ 6450: Ord.
696).
58-4.004 License - Granting. Nonexclusive
licenses to construct, operate and maintain
CATV systems within all or any portion of the
unincorporated area of the county may be
granted by the board to any persons, firms or
corporations, whether operating under existing
licenses or not, who or which offer to furnish
and provide such systems under and pursuant to
the terms and provisions of this division.
No provision of this division shall be deemed
or construed as to require the granting of a
license when in the opinion of the board it is in
the public interest to restrict the number of
licensees to one or more for a proposed service
area or not to grant any licenses for a proposed
service area. Neither the granting of any
nonexclusive license hereunder nor any of the
provisions contained herein shall be construed to
prevent the county from granting any identical,
or similar, nonexclusive license to any person,
firm or corporation, within all or any portion of
the county. (Ord. 1995: Ord. 1980: prior code ~
640 I: Ord. 696).
58-4.006 License - Uses permitted. Any
license granted pursuant to the provisions of this
division shall authorize and permit the licensee
to engage in the business of operating and
providing a CATV system in the county and for
that purpose to erect, install, construct, repair,
replace, reconstruct, maintain and retain in, on,
over, under, upon, across and along any public
street, where county's interest therein will
support the grant of license, such poles, wires,
cable, conductors, ducts, conduit, vaults,
manholes, amplifiers, appliances, attachments,
GENERAL PROVISIONS
58-4.004-58-4.0 I 0
and other property as may be necessary and
appurtenant to the CATV system; and in
addition, to use, operate, and provide similar
facilities or properties rented or leased from
other persons, firms or corporations, including
but not limited to any public utility or other
licensee permitted to do business in the county.
The granting of a license pursuant to this
division shall not be construed as permission or
license to enter on, occupy or otherwise utilize
private property without the expressed consent
of the owner or agent in possession thereof.
(Ord. 1995: Ord. 1980: prior code ~ 6402: Ord.
696).
58-4.008 License - Duration - Forfeiture.
No license granted by the board shall be for a
term longer than twenty years following the
date of acceptance of such license by the
licensee or the renewal thereof.
Any neglect, failure or refusal to comply with
any of the terms or conditions of this division,
including changes or additions thereto during
the term of a license by a licensee, continuing
for more than sixty days following notice
thereof from the county, shall work a forfeiture
thereof in addition to such other penalties and
rights provided in this division; and the board
may thereupon declare the license forfeited, and
may exclude the licensee from further use or
acts thereunder, and thereupon, the licensee
shall be deemed to have immediately and
automatically surrendered all rights hereinunder.
The licensee shall remove its equipment from
the streets within this county within sixty days
after receipt of notice of the board's declaration
that his license has been forfeited. Notice may
be given and will be deemed received for the
purposes of this section when deposited in the
mails, addressed to the licensee at his address
contained in the files of the board of
supervisors. (Ord. 1995: Ord. 1980: prior code ~
6404: Ord. 696).
58-4.010 Payments. Any licensee granted a
license under this division shall, during the term
of such license, pay the county annually, or as
otherwise provided in the license, by delivery of
the same to the auditor-controller, the
following:
(I) For a license granted prior to November
.9, 1978, a sum equal to two percent of the gross
annual receipts of the licensee.
(2) For a license granted, renewed, revised or
amended after November 9, 1978, a sum equal
to three percent of the gross annual receipts of
the licensee. (Ords. 78-73 ~ I, 1995, 1980: prior
code ~ 6405: Ord. 696).
157
(Contra Costa County 3-15-79)
58-4.012-58-4.022
GENERAL WELFARE AND BUSINESS REGULATIONS
58-4.012 License -.:. Required condition.
Any license granted pursuant to this division
shall include the following condition:
"The CATV system herein licensed shall be
used and operated solely and exclusively for the
purpose expressly authorized by ordinance of
the county of Contra Costa and no other
purpose whatsoever."
Inclusion of the foregoing statement in any
such license shall not be deemed to limit the
authority of the county to include any other
reasonable condition, limitation or restriction
which it may deem necessary to impose in
connection with such license pursuant to the
authority.conferred by this division. (Ord. 1995:
Ord. 1980: prior code ~ 6442: Ord. 696).
58-4.014 License - Renewal provisions.
Any license granted under this division is
renewable at the application of the licensee, in
the same manner and upon the same terms and
conditions as required herein for obtaining the
original license, except those which are by their
terms expressly inapplicable; provided, however,
that the board may at its option waive
compliance with any or all of the requirements
of Section 58-12.002. (Ord. 1995: Ord. 1980:
prior code ~ 6443: Ord. 696).
58-4.016 License - Effective date. No
license granted pursuant to the provisions of this
division shall become effective unless and until
the resolution granting same has become
effective and, in addition, unless and until all
things required in this section and sections
58-10.002 and 58-10.004 are done and
completed, all of such things being declared to
be conditions precedent to the effectiveness of
any such license granted hereunder. In the event
any of such things are not done and completed
in the time and manner required, the board may
declare the license null and void. (Ord. 1995:
Ord. 1980: prior code ~ 6444: Ord. 696).
58-4.018 License - Acceptance by licensee.
Within thirty days after the date of the
resolution awarding a license, or within such
extended period of time as the board in its
discretion may authorize, the licensee shall file
with the county clerk his written acceptance, in
form satisfactory to the district attorney, of the
license, together with the bond and insurance
policies, and his agreement to be bound by and
to comply with and to do all things required of
(Contra Costa County 3-15-79)
him by the provisions of this division and the
license. Such acceptance and agreement shall be
acknowledged by the licensee before a notary
public and shall in form and content be
satisfactory to and approved by the district
attorney. (Ord. 1995: Ord. 1980: prior code ~
6445: Ord. 696).
58-4.020 Subscriber rates and charges. The
licensee may make a charge to subscribers for
installation or connection to its CATV system
and a fixed monthly charge as filed and
approved as herein provided. No increase in the
rates and charges to subscribers, as set forth in
the schedule filed and approved with licensee's
application, may be made without the prior
approval of the board expressed by resolution.
No license granted shall be construed as a
permit or license to transmit any special
program or event for which a separate and
distinct charge is made to the subscriber in the
manner commonly known and referred to as
"pay television," and no licensee shall directly
or indirectly install, maintain or operate on any
television set a coin box or any other device or
means for collection of money for individual
programs. (Ord. 1995: Ord. 1980: prior code ~
6403: Ord. 696).
58-4.022 Financial statement and
inspection. The licensee shall file with the
county within sixty days after the expiration of
any fiscal year or portion thereof during which
such license is in force, a fmancial statement
prepared by a certified public accountant or
public accountant showing in detail the gross
annual receipts, as defined in Section 58-2.008,
or licensee during the preceding calendar year or
portion thereof. It shall be the duty of the
licensee to pay the county within fifteen days
after the time for filing such statements, the sum
prescribed in Section 58-4.010 or any unpaid
. balance thereof for the calendar year or portion
thereof covered by such statements. The county
shall have the right to inspect the licensee's
records showing the gross receipts from which
its license payments are computed and the right
of auoit and recomputation of any and all
amounts paid under this division. No acceptance
of any payment shall be construed as a release or
as an accord and satisfaction of any claim the
county may have for further or additional sums
payable under this division or for the
performance of any other obligation hereunder.
158
LICENSE LIMITS AND RESERVED RIGHTS
58-4.024-58-6.006
(Ord. 1995: Ord. 1980: prior code ~ 6406: Ord.
696).
58-4.024 Unauthorized connections and
tampering. No person, firm or corporation shall
make any unauthorized connection, whether
physically, electrically, acoustically, inductively
or otherwise, with any part of a licensed CATV
sYstem within the unincorporated area of this
cOUl1ty for the purpose of taking or receiving
television signals, radio signals, pictures,
programs, or sound. Also no person, without the
consent of the owner, shall tamper with, remove
or injure any cables, wires or equipment used for
distribution of television signals, radio signals,
pictures, programs or sound. (Ord. 1995: Ord.
1980: prior code ~ 6451: Ord. 696).
58-4.026 Sale of television receivers. The
licensee or any of his employees during their
course of employment shall not engage in the
business of selling or leasing television or other
receivers which make use of signals transmitted
by its system, nor shall the licensee or any of his
employees during the course of their
employment engage in the repair of such
receivers or the sale of parts for receivers. (Ord.
1995: Ord. 1980: prior code ~ 6452: Ord. 696).
58-4.028 Other jurisdictions. Whenever any
portion of the territory covered by this license
shall be annexed to, or otherwise become a part
of any municipal corporation or of any other
county, or any other agency or political
subdivision of the state of California, the
county's rights hereunder shall inure to the
benefit of such other public body and its
appropriate officers. (Ord. 1995: Ord. 1980:
prior code ~ 6453: Ord. 696).
Chapter 58-6
LICENSE LIMITS AND
RESERVED RIGHTS
Sections:
58-6.002
Suit by county for license
forfeiture.
Public use priority.
License-Transfer and
assignment.
Other statutes and pole
agreements.
58-6.004
58-6.006
58-6.008
58-6.010
58-6.012
58-6.014
58-6.016
Supersession.
License-Termination expense.
Eminent domain.
Amendment of standards-
Compliance required.
Disputes.
58-6.018
58-6.002 Suit by county for license
forfeiture. The county may sue in its own name
for the forfeiture of any license granted under
this division, in the event of noncompliance by
the licensee, his successors, or his assigns, with
any of the conditions of the license. (Prior code
@ 6408: Ord. 696).
58-6.004 Public use priority. No privilege or
exemption is granted or conferred by any license
granted under this division except those
specifically prescribed in this division. Any
privilege claimed under a license granted
pursuant to this division in any street shall be
subordinate to any prior lawful occupancy of
the street or any subsequent occupancy of the
street for public purposes. (Ord. 1995: Ord.
1980: prior code @ 6410: Ord. 696).
58-6.006 License Transfer and
assignment. A licensee shall not sell, transfer,
lease, dispose of, or assign this license or any
rights thereunder, including any beneficial
interest or right to operate thereunder, by
voluntary sale, merger, consolidation, or
otherwise, or by operation of law, without the
prior written consent of the board and under
such conditions as may therein be prescribed,
and then only by a duly executed instrument in
writing, filed with the board; provided, however,
that the foregoing provisions of this section shall
not apply to a transfer or assignment of this
license, or of any right of privilege thereby
granted, contained in or made by a deed of
trust, mortgage or other instrument, given
merely to secure the payment of any
indebtedness of a licensee. The consent of the
board may not be arbitrarily refused for such
assignments and transfers. The provisions of this
division and all rights, obligations and duties
hereunder shall inure to and be binding upon
any assignee who must agree in a duly executed
written instrument filed with the board to
comply with all the provisions before any such
transfer will be effective. (Ord. 1995: Ord.
1980: prior code @ 6411: Ord. 696).
159
58-6.008-58-6.080
GENERAL WELFARE AND BUSINESS REGULA nONS
58-6.008 Other statutes and pole
agreements. Any license granted pursuant to this
division is subject to all provisions, regulations
and conditions prescribed by federal, state,
county and local law heretofore and hereafter
enacted or established during the term of any
license granted and shall be in addition to any
electrical or encroachment permit required by
Title 7. Any such license granted shall not
relieve the licensee of any obligation involved in
obtaining pole space from any department of
the county, utility company, or from others
maintaining poles in streets. (Ord. 1995: Ord.
1980: prior code ~ 6412: Ord. 696).
.~-;t..
5&-6.010 Supersession. Any license granted
under tWs division is in lieu of any and all other
rights, privileges, powers, immunities, and
authorities owned, possessed, controlled, or
exercisable by licensee, or any successor to any
interest of licensee, of or pertaining to the
construction, operation, or maintenance of any
CATV system in the unincorporated area of this
county, and the acceptance of any license
hereunder shall operate, as between licensee and
the county, as an abandonment of any and all of
such rights, privileges, powers, immunities, and
authorities within the county, to the effect that,
as between licensee and the county, any and all
construction, operation and maintenance by any
licensee of any CATV system in the county shall
be, and shall be deemed and construed in all
instances and respects to be, under and pursuant
to the license, and not under or pursuant to any
other right, privilege, power, immunity, or
authority whatsoever. (Ord. 1995: Ord. 1980:
prior code ~ 6413: Ord. 696).
58-6.012 License - Termination expense.
The licensee shall have no recourse whatsoever
a.gainst the county for any loss, cost, expense, or
damage arising out of any provision or
requirement of this division or of any license
issued hereunder or because of its enforcement
or for the termination or forfeiture of any
license as provided in this division. (Ord. 1995:
Ord. 1980: prior code ~ 6414: Ord. 696).
5&-6.014 Eminent domain. Nothing in this
division shall in any way or to any extent,
impair or affect the right of the county to
acquire licensee's property either by purchase or
through exercise of the right of eminent domain,
and nothing herein shall be construed to
contract away or to modify or abridge the
county's right of eminent domain in respect to
any licensee. Nor shall any license ever be given
any value before any court or public authority
in any proceeding of any character except for
the purposes of taxation. (Ord. 1995: Ord.
1980: prior code ~ 6415: Ord. 696).
58-6.016 Amendment of standards
Compliance required. During the term of any
license granted the county may amend any
section or part of this division so as to require
additional or greater standards of construction,
operation, maintenance or otherwise, on the
part of the licensee, including the payment of a
larger or greater percentage of the gross annual
receipts of any licensee for the remaining term
of such license. If this decision is amended to
require additional or greater standards, the
licensee within ninety days after the effective
date of such amendment shall comply with the
new standards. (Ord. 1995: Ord. 1980: prior
code ~ 6416: Ord. 696).
58-6.018 Disputes. The board may do all
things necessary and convenient in the exercise
of its jurisdiction under this division and may
determine any question of fact which may arise
during the existence of any license granted
hereunder. The board may adjust, settle or
compromise any ,controversy or cancel any
charge arising from the operations of any
licensee or from any provision of this division.
(Ord. 1995: Ord. 1980: prior code ~ 6417: Ord.
696).
Chapter 58-8
CONSTRUCTION, RELOCATION
AND ABANDONMENT
Sections:
58-8.002
Permits, installation and
service.
Locations, construction and
undergrounding.
Removal and abandonment of
licensee's property.
Changes required by public
improvements.
Failure to perform street
work.
58-8.004
58-8.006
58-8.008
58-8.010
160
CONSTRUCTION, RELOCATION AND ABANDONMENT
58-8.002 Permits, installation and service.
(a) Within thirty days after acceptance of any
license the licensee shall proceed with due
diligence to obtain all necessary permits and
authorizations which are required in the conduct
of its business, including, but not limited to, any
utility joint use attachment agreements,
microwave carrier licenses, and any other
permits, licenses and authorizations to be
granted by duly constituted regulatory agencies
having jurisdiction over the operation of CATV
systems, or their associated microwave
transmission facilities.
(b) Within ninety days after obtaining all
necessary permits, licenses and authorizations,
licensee shall commence construction and
installation of the CATV system.
( c ) Within ninety days after the
commencement of construction and installation
of the system, licensee shall proceed to render
service to subscribers, and the completion of the
construction and installation shall be pursued
with reasonable diligence thereafter, so that
service to all areas designated on the map
accompanying the application for license, as
provided in Section 58-12.002(4), shall be
provided within one year from the date that
service was first provided.
(d) Failure on the part of the licensee to
commence and diligently pursue each of the
foregoing requirements and to complete each of
the matters set forth herein, shall be grounds for
termination of such license. The board in its
discretion may extend the time for the
commencement and completion of construction
and installation for additional periods. (Ord.
1995: Ord. 1980: prior code ~ 6420: Ord. 696).
58-8.004 Locations, construction and
undergrounding*. (a) Any poles, wires, cable
lines, conduits or other properties of the licensee
to be constructed or installed in streets, shall be
so constructed or installed only at such locations
and in such manner as shall be approved by the
director of public works and shall conform to all
applicable laws including Division 1002.
(b) The licensee shall not install or erect any
facilities or apparatus in or on other public
property, places or rights-of-way, or within any
privately-owned area within . the county which
has not yet become a public street but is
designated or delineated as a proposed public
*For director of public works, see Ch. 24-22, this code.
58-8.002-58-8.006
street on any tentative subdivision map
approved by the county except those installed
or erected upon existing or future public utility
. facilities, without obtaining the prior written
approval of the director of public works and the
owner-subdivider.
(C) In those areas and portions of the county
where the transmission or distribution facilities
of both the public utility providing telephone
service and those of the utility providing electric
service are underground or hereafter may be
placed underground, then the licensee
immediately upon written request by the
director of public works shall likewise construct,
or reconstruct, operate and maintain all of its
transmission and distribution facilities
underground. For the purposes of this
subsection, "underground" includes a partial
underground system, e.g., streamlining.
Amplifiers in licensee's transmission and
distribution lines may be in appropriate housings
upon the surface of the ground as approved by
the director of public works. The county shall
not in any manner be responsible for any costs
incurred by any licensee in placing his property
underground. (Ord. 1995: Ord. 1980: priorcode
~ 6421: Ord. 696).
58-8.006 Removal and abandonment of
licensee's property. (a) In the event that the use
of any part of the CATV system is discontinued
for any reason for a continuous period of twelve
months, or in the event such system or property
has been installed in any street or public place
without complying with the requirements of this
division, or the license has been terminated,
cancelled or has expired, the licensee shall
promptly, upon being given ten days' notice,
remove from the streets or public places all such
property and poles of such system other than
any which the director of public works may
permit to be abandoned in place. In the event of
such removal, the licensee shall promptly restore
the street or other area from which such
property has been removed to a condition
satisfactory to the director of public works.
(b) Any property of the licensee remaining in
place sixty days after the termination, forfeiture
or expiration of the license shall be considered
permanently abandoned. The director of public
works may extend such time not to exceed an
additional thirty days.
(c) Any property of the licensee to be
abandoned in place shall be abandoned in such a
161
58-8.008-58.10.002
GENERAL WELFARE AND BUSINESS REGULATIONS
manner as the director of public works shall
prescribe. Subject to the provisions of any
utility joint use attachment agreement, upon
permanent abandonment of the property of the
licensee in place, the property shall become that
of the county and the licensee shall submit to
the director of public works an instrument in
writing, to be approved by the district attorney,
transferring to the county the ownership of such
property. (Ord. 1995: Ord. 1980: prior code ~
6422: Ord. 696).
58-8.008 Changes required by public
improvements. The licensee shall, at its expense,
protect, support, temporarily disconnect,
relocate in the same street or other public place,
or remove from the street or "other public place,
any property of the licensee when required by
the director of public works by reason of traffic
conditions, public safety, street vacation,
freeway and street construction, change or
establishment of street grade, installation of
sewers, drains, water pipes, power lines, signal
lines, and tracks or any other type of structures
or improvements by public agencies; provided,
however, that the licensee shall in all such cases
have the privileges and be subject to the
obligations to abandon any property of the
licensee in place, as provided in this chapter.
(Ord. 1995: Ord. 1980: prior code ~ 6423: Ord.
696).
58-8.010 Failure to perform street work.
Upon failure of the licensee to commence,
pursue, or complete any work required by law
or by the provisions of this division or by its
license to be done in any street or other public
place, within the time prescribed, and to the
satisfaction of the director of public works, the
director of public works may, at his option,
cause such work to be done and the "licensee
shall pay to the county the cost thereof in the
itemized amounts reported by the director of
public works to the licensee within thirty days
after receipt of such itemized report. (Ord.
1995: Ord. 1980: prior code ~ 6424: Ord. 696).
Chapter 58-10
OBLIGA TION AND SERVICE
Sections:
58-10.002
58-10.004
Bond requirements.
Liability insurance
requirements.
Inspection of property-
Reports, maps and records
required.
Operational standards.
Office in county.
Service to subscriber.
Subscriber contract.
58-10.006
58-10.008
58-10.010
58-10.012
58-10.014
58-10.002 Bond requirements. The licensee
shall, concurrently with the filing of an
acceptance of award of any license granted
under this division, file with the county clerk
and at all times thereafter maintain in full force
and effect for the term of such license or any
renewal thereof, at licensee's sole expense, a
corporate surety bond in a company and a form
approved by the district attorney, in the amount
of five thousand dollars renewable annually, and
conditioned upon the faithful performance of
licensee, and upon the futher condition that in
the event licensee shall fail to comply with any
one or more of the provisions of this division, or
of any license issued to the licensee hereunder,
there shall be recoverable jointly and severally
from the principal and surety of such bond any
damages or loss suffered by the county as a
result thereof, including the full amount of any
compensation, indemnification, or cost of
removal or abandonment of any property of the
licensee as prescribed hereby which may be in
default, plus a reasonable allowance for
attorney's fees and costs, up to the full amount
of the bond; the condition to be a continuing
obligation for the duration of such license and
any renewal thereof and thereafter until the
licensee has liquidated all of its obligations with
the county that may have arisen from the
acceptance of the license or renewal by the
licensee or from its exercise of any privilege
therein granted. The bond shall provide that
thirty days' prior written notice of intention not
to renew, cancellation, or material change, be
given to the county.
Neither the provisions of this section, nor any
bond accepted by the county pursuant hereto,
nor any damages recovered by the county
162
OBLIGATION AND SERVICE
thereunder, shall be construed to excuse faithful
performance by the licensee or limit the liability
of the licensee under any license issued
hereunder or for damages, either to the full
amount of the bond or otherwise. (Ord. 1995:
Ord. 1980: prior code ~ 6430: Ord. 696).
58-10.004 Liability insurance requirements.
(a) Liability Insurance: The licensee shall,
concurrently with the filing of an acceptance of
award of any license granted under this chapter,
furnish to the county and file with the county
clerk, and at all times during the existence of
any license granted hereunder, maintain in full
force and effect, at its own cost and expense, a
liability insurance policy in the amount of five
hundred thousand dollars, in a company
approved by the county administrator and in a
form satisfactory to the district attorney,
indemnifying and saving harmless the county, its
officers and employees from and against any and
all claims, demands, actions, suits, and
proceedings by others, against all liability to
others, including but not limited to any liability
for damages by reason of or arising out of any
failure by the licensee to secure consents from
the owners, authorized distributors or licensees
of programs to be delivered by the licensee's
CATV system, and against any loss, cost,
expense and damages resulting therefrom,
including reasonable attorney's fees, arising out
of the exercise or enjoyment of its license,
irrespective of the amount of the comprehensive
liability insurance policy required hereunder.
This insurance provision may be satisfied by
proper endorsement to the comprehensive
liability insurance policy required by subsection
(b).
(b) Comprehensive Liability Insurance: The
licensee shall, concurrently with the filing of an
acceptance of award of any license granted
under this division, furnish to the county and
file with county clerk, and at all times during
the existence of any license granted hereunder,
maintain in full force and effect, at its own cost
and expense, a general comprehensive liability
insurance policy, in protection of the county, its
officers, boards, commissions, agents and
employees, in a company approved by the
county administrator and a form satisfactory to
the district attorney, protecting the county and
all persons against liability for loss or damage for
personal injury, death, property damage, and
inverse condemnation, or any combination of
58-10.004-58-10.006
these, and regardless of whether or not such
liability, claim or damage was unforeseeable at
any time before the county approved plans for
the installation of license property or after the
installation of license property, occasioned by
the operations of licensee under such license,
with minimum lability limits of three hundred
thousand dollars for personal injury or death of
anyone person and five hundred thousand
dollars for personal injury or death of two or
more persons in anyone occurrence, and fifty
thousand dollars for damage to property
resulting from anyone occurrence.
(c) Additional Insured, Cancellation and
Nonconditions: The policies Qr certificates of
insurance representing such policies, mentioned
in the foregoing paragraph shall name the
county, its officers, boards, commissions, agents
and employees, as additional insured and shall
contain a provision that a written notice of
cancellation or reduction in coverage of the
policy shall be delivered to the county ten days
in advance of the effective date thereof; if such
insurance is provided by a policy which also
covers licensee or any other entity or person
other than those above named, then such policy
shall contain the standard cross-liability
endorsement. The promise and agreement in this
section is not conditioned or dependent on
whether or not the county has approved any
planes) or specification(s) in connection with
this license, or has insurance or other
indemnification covering any of these matters.
(d) By accepting a license, the licensee agrees
to save and hold harmless as set forth in this
section the county, its officers, boards,
commissions, agents and employees from any
and all claims, costs, demands, causes of action,
suits, loss, expenses, or other detriment or
liability arising from or out of the operations of
the licensee from any cause whatsoever
including inverse condemnation and in addition
to and not in lieu of the surety bond and
liability insurance. (Ord. 1995: Ord. 1980: prior
code ~ 6431: Ord. 696).
58-10.006 Inspection of property
Reports, maps and records required. (a) At all
reasonable times, the licensee shall permit any
duly authorized representative of the county to
examine all property of the licensee, together
with any appurtenant property of the licensee
situated within or without the county, and to
examine and transcribe any and all maps and
163
58-10.008- 58-10.014
GENERAL WELFARE AND BUSINESS REGULATIONS
other records kept or maintained by the licensee
or under its control which deal with the
operations, affairs, transactions or property of
the licensee with respect to its license. If any
such maps or records are not kept in the county,
or upon reasonable request made available in the
county, and if the board shall determine that an
examination thereof is necessary or appropriate,
then all travel and maintenance expense
necessarily incurred in making such examination
shall be paid by the licensee.
(b) The licensee shall prepare and furnish to
the director of public works and the county
administrator at the times and in the form
ptescribed by either of these officers, such
reports with respect to its operations, affairs,
transactions or property, as may be reasonable
necessary or appropriate to the performance of
any of the rights, functions or duties of the
county or any of its officers in connection with
the license.
(c) The licensee shall at all times make and
keep in the county full and complete plans and
records showing the exact location of all CATV
system equipment installed or in use in streets
and other public places in the county.
(d) The licensee shall file with the director of
public works, upon his demand, on or before the
last day in March of each year, a current map or
set of maps drawn to scale, showing all CATV
system equipment installed and in place in
streets and other public places in the county.
(e) When any portion of the CATV system is
to be installed on public utility poles and
facilities, certified copies of the agreements for
such joint use of poles and facilities shall be filed
with the director of public works. (Ord. 1995:
Ord. 1980: prior code @ 6432: Ord. 696).
58-10.008 Operational standards. The
CATV system shall be installed and maintained
in accordance with the highest and best accepted
standards of the industry to the effect that
subscribers shall receive the highest possible
service. In determining the satisfactory extent of
such standards the following among others shall
be considered:
(1) That the system be installed using all
band equipment capable of passing the entire
VHF and FM spectrum, and that it have the
further capability of converting UHF for
distribution to subscribers on the VHF band;
(2) That the system, as installed, be capable
of passing standard color TV signals without the
introduction of material degradation on color
fidelity and intelligence;
(3) That the system and all equipmen( be
designed and rated for twenty-four-hour per day
continuous operation;
(4) That the system provides a nominal signal
level of two thousand microvolts at the input
terminals of each TV receiver;
(5) That the system signal-to-noise ratio is
not less than forty decibels;
(6) That hum modulation of the picture
signal is less than five percent;
(7) That the system use components having a
VSWR of one four-tenths or less. (Ord. 1995:
Ord. 1980: prior code @ 6433: Ord. 696).
58-10.010 Office in county. The licensee
shall maintain an office within the county or at
a location which subscribers may call without
incurring added message or toll charges so that
CATV maintenance service shall be promptly
available to subscribers. (Ord. 1995: Ord. 1980:
prior code @ 6434: Ord. 696).
58- 10.012 Service to subscriber. No person,
firm or corporation in the existing service area
of the grantee shall be arbitrarily refused service;
provided, however, that the licensee shall not be
required to provide service to any subscriber
who does not pay the applicable connection fee
or monthly service charge. (Ord. 1995: Ord.
1980: prior code @ 6435: Ord. 696).
58-10.014 Subscriber contract. Before
providing antenna service to any subscriber, the
licensee shall obtain a signed contract from the
subscriber containing a provision substantially as
follows:
"Subscriber understands that in providing
antenna service (licensee) is making use of public
rights-of-way within the county of Contra Costa,
and that the continued use of these public
rights-of-way is in no way guaranteed. In the
event the continued use of such rights-of-way is
denied to (licensee) for any reason, (licensee)
will make every reasonable effort to provide
service over alternate routes. Subscriber agrees
he will make no claim or undertake any action
against the county of Contra Costa, its officers,
or its employees, if the service to be provided by
(licensee) hereunder is interrupted or
discontinued. "
The form of the licensee's contract with its
subscribers shall be subject to approval of the
164
county with respect to the inclusion of this
provision. (Ord. 1995: Ord. 1980: prior code @
6436: Ord. 696).
Chapter 58-12
APPLICATIONS
Sections:
58-12.002
58-12.004
General requirements.
Approval action by board.
58-1 2.002 General requirements. An
application for a license hereunder shall be in
writing and accompanied by a payment to the
county of two hundred fifty dollars to
reimburse it for expenses incurred in connection
with processing the application and shall contain
the following information:
(1) The name and address of the applicant. If
the applicant is a partnership, the name and
address of each partner shall also be set forth. If
the applicant is a corporation, the application
shall also state the names and addresses of its
directors, main. offices, major stockholders and
associates, and the names and addresses of
parent and subsidiary companies;
(2) A statement and description of the CATV
system proposed to be constructed, installed,
maintained or operated by the applicant; the
proposed location of such system and its various
components; the manner in which applicant
proposes to construct, install, maintain and
operate the same; and, particularly the extent
and manner in which existing or future poles or
other facilities of other public utilities will be
used for such system;
(3) A description, in detail, of the public
streets, public places and proposed public streets
within which applicant proposes or seeks
authority to construct, install or maintain any
CATV equipment or facilities; a detailed
description of the equipment or facilities
proposed to be constructed, installed or
maintained therein; and the proposed specific
location thereof; .
(4) A map specifically showing and
delineating the proposed service area or areas
within which applicant proposes to provide
CATV services and for which a license is
requested;
(5) A statement or schedule in a form
approved by the county administrator of
APPLICATIONS
58-12.002-58.12.004
proposed rates and charges to subscribers for
installation and services, and a copy of proposed
service agreement between the licensee and its
subscribers shall accompany the application. For
unusual circumstances, such as underground
cable required, or more than one hundred fifty
feet of distance from cable to connection of
service to subscribers, an additional installation
charge over that normally charged for
installation as specified in the applicant's
proposal may be charged, with easements to be
supplied by subscribers. For remote, relatively
inaccessible subscribers within the county,
service may be made available on the basis of
cost of materials, labor and easements if
required by the licensee;
(6) A copy of any contract, if existing,
between the applicant and any public utility
providing for the use of facilities of such public
utility, such as poles, lines or conduits;
(7) A statement setting forth all agreements
and understandings, whether written, oral or
implied, existing between the applicant and any
person, firm or corporation with respect to the
proposed license or the proposed CATV
operation. If a license is granted to a person,
firm or corporation posing as a front or as the
representative of another person, firm or
corporation, and such information is not
disclosed in the original application, such license
shall be deemed void and of no force and effect
wha tsoever;
(8) A financial statement prepared by a
certified public accountant or public accountant
satisfactory to the board, showing applicant's
financial status and his financial ability to
complete the construction and installation of
the proposed CATV system;
(9) The board may at any time demand, and
applicant shall provide, such supplementary,
additional or other information as the board
may deem reasonably necessary to determine
whether the requested license should be granted.
(Ord. 1995: Ord. 1980: prior code @ 6440: Ord.
696).
58-12.004 Approval action by board. Upon
consideration of any such application, the board
may refuse to grant the requested license or the
board may by resolution grant a license for a
CATV system to any such applicant as may
appear from the application to be in its opinion
best qualified to render proper and efficient
CATV service to television viewers and
165
(Contra Costa County 3-25-75)
510- 2.002- 51 0-2.008
GENERAL WELFARE AND BUSINESS REGULATIONS
subscribers in the proposed service area. The
board's decision in the matter shall be final. If
favorably considered, the application submitted
shall constitute and form part of the license as
granted. (Ord. 1995: Ord. 1980: prior code ~
6441: Ord. 696).
Division 510
TAXICABS
Chapters:
510-2 Driver Permits
Chapter 510-2
DRIVER PERMITS*
Sections:
510-2.002
510-2.004
510-2.006
510-2.008
Required.
Application-Fee.
Issuance-Denial.
Exclusions.
510-2.002 Required. No person shall engage
in the occupation of driving a taxicab within the
unincorporated territory of this county without
first having obtained a permit from the sheriff.
(Ord. 1684: prior code ~ 6500).
510-2.004 Application - Fee. An applicant
for a taxicab driver's permit shall submit his
application, under oath, to the sheriff. The
application shall include:
(1) The true name and residence and business
address of the applicant;
(2) The criminal record, if any, of the
applicant;
(3) Fingerprints and photograph of the
applicant;
(4) Any other information required by the
sheriff;
(5) An application fee of one dollar. (Ord.
1684: prior code ~ 6501).
*For the statutory provisions regarding carriers generally, see
Gov. C. ~ 2085 ff; for the provisions regarding financial
responsibility, see Veh. C. ~ 16500 ff; for the authority of local
agencies to license and regulate the operation of vehicles for
hire, see Veh. C. ~ 16501.
(Contra Costa County 3-25-75)
510-2.006 Issuance - Denial. The sheriff
shall investigate the application and may deny
the permit if the applicant has been convicted of
any felony or of a misdemeanor involving moral
turpitude or violation of alcoholic beverage
control laws. In all other cases the sheriff shall
issue the permit, which the applicant shall
conspicuously display in his taxicab. The permit
shall expire one year after date of issuance and
may be renewed upon application and payment
of the one-dollar fee. Renewal may be denied on
the grounds stated in this section for denial of
an original application. (Ord. 1684: prior code ~
6502).
510-2.008 Exclusions. This chapter shall
not apply to any taxicab driver holding a current
active permit under an ordinance of any other
county or any city, which ordinance provides
for the denial of the drivers' permits on account
of the criminal record of the applicant. (Ord.
1684: prior code ~ 6503).
Division 518
OTHER BUSINESSES
Chapters:
518- 2 Massage Services
Chapter 518-2
MASSAGE SERVICES
Article 518-2.2 Definitions
Sections:
518- 2.202 General.
518-2.204 Massage.
518-2.206 Masseur.
518- 2. 208 Massage parlor.
518- 2.210 Outcall massage service.
518-2.212 Employee.
518- 2.214 Operate and operator.
518-2.216 Health officer.
Article 518-2.4 Permits Required
Sections:
518-2.402 Operator's permit.
518-2.404 Masseurs.
166
Article 518-2.6 Applications and Permits
Sections:
518-2.602 Application and fees.
518- 2. 604 Contents-General.
518- 2. 606 Contents-Identification.
518- 2. 608 Contents-Experience.
518-2.610 Operator's additional contents.
518-2.612 Masseur's additional contents.
518- 2.614 Updating application.
518- 2.616 Investigations.
518-2.618 Issuance or denial of permit.
518- 2.620 Conditions of permit.
518-2.622 Renewal of permits.
Article 518-2.8 Other Requirements and
Regulations
Sections:
518-2.802
518-2.803
518-2.804
518-2.806
518-2.807
Sheriff's regulations.
Health officer inspection.
Display permits.
Sanitation requirements.
Nude and topless exposure
prohibited.
Inspection.
Advertising.
Enforcement
518-2.808
518- 2. 81 0
Article 518-2.10
Sections:
518-2.1002
518-2.1004
Suspensions and revocations
Hearings.
Article 518-2.2
Definitions
518- 2.202 General. Unless otherwise
specifically provided or required by the context,
the following terms have the following meanings
in this chapter. (Ord. 73-60 @ 1 (part), 1973).
518- 2.204 Massage. "Massage" means
treatment of the superficial parts of the human
body by rubbing, pressing, stroking, kneading,
tapping, pounding, bathing, vibrating,
manipulating or stimulating with the hand(s) or
any instrument, for an economic consideration.
(Ord. 73-60 @ 1 (part), 1973).
518-2.206 Masseur. "Masseur" means any
person who massages; but it does not include
any person licensed under Business and
Professions Code Sections 213 5 through 2139
(medicine), 2630 or 2639 (physical therapy),
2732.1, 2733 or 2742 (nursing), or under the
Chiropractic Initiative Act of 1922, as amended.
(Ord. 73-60 @ 1 (part), 1973).
518-2.208 Massage parlor. "Massage parlor"
means any premises where massage is given,
MASSAGE SERVICES
518-2.202-518-2.602
either as a primary or secondary function. (Ord.
73-60 ~ I (p:uO, 19]3).
518-2.210 Outcall massage service. "Outcall
massage service" means massage given other than
in a massage parlor. (Ord. 73-60 ~ 1 (part),
1973 ).
518-2.212 Employee. "Employee" means
any person working for the permittee of a
massage parlor or outcall massage service. (Ord.
73-60 ~ 1 (part), 1973).
518-2.214 Operate and operator. "Operate"
and "operator" refer to operating, conducting,
maintaining or allowing a massage parlor or
outcall massage service, or employing a masseur
to serve others. (Ord. 73-60 ~ 1 (part), 1973).
518-2.216 Health officer. "Health officer"
includes any subordinate(s) he designates from
time to time for any or all of his functions
n hereunder. (Ord. 74-67 ~ 5).
Article 518-2.4
Permits Required
518-2.402 Operator's permit. No person
shall operate or allow the operation of a massage
parlor or an outcall massage service without a
valid permit. (Ord. 73-60 @ 1 (part), 1973).
518-2.404 Masseurs. No person shall act as a
masseur, nor shall anyone employ a person as a
masseur for others, who does not have a valid
masseur permit. Every operator shall maintain a
register of all persons so employed and their
permit numbers, which register shall be available
for inspection by the sheriff during regular
business hours. (Ord. 73-60 @ 1 (part), 1973).
Article 518-2.6
Applications and Permits
518-2.602 Application and fees. Every
person wishing to operate a massage parlor or
outcall massage service, or act as a masseur, shall
file a verified written application with the
sheriff, on a form provided by him, with a
nonrefundable application fee of one hundred
dollars for operators and twenty-five dollars for
masseurs. (Ord. 73-60 @ 1 (part), 1973).
166-1
(Contra Costa County 3-25-75)
518-2.604-518-2.616
GENERAL WELFARE AND BUSINESS REGULATIONS
518-2.604 Contents General. Every
application shall include the following
information and attachments to the sheriff's
satisfaction as to truth, authenticity and
compliance with this chapter; and the sheriff
may require additional information necessary to
assure compliance with this chapter. (Ord. 73-60
~ 1 (part), 1973).
518-2.606 Contents - Identification. (a)
Every application shall include the applicant's
personal and business names, addresses and
telephone numbers. If the applicant is an
individual, he shall also include the two latest
previous residence and business addresses. If the
applicant is not an individual, its application
shall state its legal capacity (corporation,
partnership, etc.), and shall include the names
and addresses of all officers, directors,
shareholders, general and limited partners and
financially interested persons.
(b) It shall include the individual applicant's
sex, birth date (which must be at least eighteen
years before the application), height, weight,
color of hair and eyes, social security and
driver's license numbers, if any, a set of
fingerprints taken by the sheriff, and two recent
portrait photographs, and the same for all
principal officers of nonindividual applicants.
(Ord. 73-60 ~ 1 (part), 1973).
518-2.608 Contents - Experience. (a) The
application shall state the individual applicant's
experience in massage and related work, and his
business, occupation or employment for the
thirty-six months before application, and the
same for all principal officers of nonindividual
applicants.
(b) If the applicant or its principal officers
have ever had a license or permit for a business,
trade, occupation, profession or employment
suspended, revoked or denied, the application
shall state the circumstances thereof and reasons
therefor.
(c) The application shall state the
circumstances and final disposition of every
arrest, prosecution or conviction of the
applicant or its principal officers. (Ord. 73-60 ~
1 (part), 1973).
518-2.610 Operator's additional contents.
Every application for an operator's permit shall
also state the exact nature(s) of the massage(s)
to be administered, and the location(s) thereof
(Contra Costa County 3-25-75)
and facilities therefor. (Ord. 73-60 ~ 1 (part),
1973).
518-2.612 Masseur's additional contents. (a)
Every application for a masseur's permit shall
also show that, within the last thirty days, he
has been examined by a physician and found
free from communicable disease.
(b) Every applicant shall show the sheriff a
diploma or certificate of graduation from a
public institution or a school, approved pursuant
to Education Code Section 29007.5, whose
purpose is to teach the theory, method,
profession and work of massage, and which
requires a minimum of seventy hours of actual
class attendance or instruction. If the school is
outside the state, it must meet equivalent
standards as determined by the sheriff.
(c) In lieu of the diploma or certificate of
graduation required by subsection (b), an
applicant may substitute two years of actual,
bona fide, legal, full-time experience as a
masseur, or its equivalent, as shown to the
sheriff's satisfaction. (Ord. 73-60 ~ 1 (part),
1973).
518- 2.614 Updating application. Every
applicant and permittee shall report to the
sheriff, within ten days, any changes in the
information required in connection with the
application, and any changes of circumstance
which might result in noncompliance with this
chapter or any applicable law, ordinance or
regulation relating to health, safety or welfare,
and any changes in employees working in a
massage parlor or for an outcall massage service.
(Ord. 73-60 ~ 1 (part), 1973).
518-2.616 Investigations. (a) Upon receipt
of a satisfactorily completed application and
required fee, the sheriff shall investigate to
. determine whether he should issue a permit.
(b) The investigation shall encompass the
following:
(1) Information in or required by the
application and this chapter;
(2) On applications for operators' permits,
referral to the building inspector and/or health
officer for inspection of the proposed premises
to determine whether there is full compliance
with this chapter and with all other applicable
laws, ordinances and regulations relating to
health, safety and welfare; and
(3) Other things material to this chapter's
166-2
requirements. (Ord. 73-60 ~ 1 (part), 1973).
518-2.618 Issuance or denial of permit. (a)
Within thirty days after an application is filed,
and upon payment of a nonrefundable permit
fee of seventy-five dollars for operators and
166-2a
MASSAGE SERVICES
518-2.618
(Contra Costa County 3-25-75)
requirements. (Ord. 73-60 ~ 1 (part), 1973).
51&2.618 Issuance or denial of permit. (a)
Within thirty days after an application is filed,
and upon payment of a nonrefundable permit
fee of seventy-five dollars for operators and
twenty dollars for masseurs, the sheriff shall
issue a permit, unless he finds any of the
following:
(1) The applicant or any employee has been
convicted of an offense requiring registration
under Penal Code Section 290 or defined in
Sections 311 through 311.7, 314, 315, 316,
318, 647(a), (b), (d) or 647a, or an offense
involving the use of force and violence upon the
person of another or lewd conduct; or
(2) The proposed operation will not fully
comply with all the requirements of this chapter
arid of any applicable law, ordinance or
regulation relating to health, safety and welfare;
or
(3) The applicant, knowingly and with the
intent to deceive, has made any false, misleading
or fraudulent statement or representation, or
material omission, in connection with the
application process.
(b) If the sheriff finds any of the conditions
listed in subsection (a) to exist, he shall deny
issuance of a permit and state the reasons
therefor in writing to the applicant. (Ord. 73-60
~ I (part), 1973).
518-2.620 Conditions of permit. Original
and renewal permits shall be serially numbered,
nontransferable and valid for one year from
issuance, unless earlier suspended, revoked or
terminated. (Ord. 73-60 ~ 1 (part), 1973).
518-2.622 Renewal of permits.
Applications for renewal of permits shall be
submitted to the sheriff at least thirty days prior
to expiration, with a nonrefundable renewal
application fee of fifty dollars for operators and
fifteen dollars for masseurs, but shall otherwise
be handled like original applications, the fee for
the renewed permit being the same as for the
original. (Ord. 73-60 ~ 1 (part), 1973).
Article 518-2.8
Other Requirements and Regulations
518-2.802 Sheriff's regulations. The sheriff
may make and enforce such reasonable
regulations as may be necessary to carry out the
MASSAGE SERVICES
518-2.618-518-2.806
intent and purposes of this chapter. (Ord. 73-60
~ 1 (part), 1973).
51&2.803 Health officer inspection. The
health officer may make such inspections as he
deems necessary for the detection of disease
transmission and may take all reasonable
measures he deems necessary to prevent or
eliminate such transmission. (Ord. 73-60 ~ 1
(part), 1973).
518-2.804 Display permits. Every massage
parlor shall display its permit and those of its
masseur employees in a conspicuous place on
the premises. Every masseur permittee, while
working, shall wear conspicuously on his person
a badge containing his name, a recent
photograph and permit number, to be supplied
by the sheriff. Every outcall massage service
shall have its permit available for inspection
during regular business hours. (Ord. 73-60 ~ I
(part), 1973).
/
518-2.806 Sanitation requirements. (a)
Every portion of a massage parlor and all
equipment shall be maintained in a clean and
sanitary condition. Floors shall be kept free
from dust, dirt, refuse and vermin. Walls, ceilings
and equipment shall be of such construction as
to be easily cleaned and shall be kept clean and
in good repair.
(b) All the electrical, plumbing, heating and
ventilation systems in a massage parlor shall be
maintained in accordance with all applicable
laws, ordinances and regulations.
(c) All towels, sheets and linens used by
masseurs or customers shall be clean and freshly
laundered and shall not be reused unless
properly laundered and sterilized. Soiled towels,
linen, sheets and garments shall be kept in
containers provided for this purpose.
(d) Massage parlors must contain separate
dressing and locker facilities for each sex plus
provision for safe storage of customers'
valuables.
(e) Massage parlors shall provide separate
toilet facilities for each sex. All toilets, lavatory
facilities and changing rooms shall be maintained
in a clean and sanitary condition. Handwashing
facilities in good repair with hot and cold
running water, along with handwashing
detergent or soap and sanitary towels in
permanent dispensers, shall be provided in either
the toilet room or vestibule thereof. All
166-3
(Contra Costa County 7-80)
518-2.807 -518-2.1004
GENERAL WELFARE AND BUSINESS REGULATIONS
employees must wash their hands after using the
toilet facilities. Legible signs to this effect shall
be posted in each toilet facility.
(f) All employees shall be clean and wear
clean outer garments.
(g) All portions of massage parlors shall be
provided with adequate light and ventilation by
means of windows or skylights with an area not
less than one-eighth of the total floor area, or
shall be provided with artificial light and a '
mechanical ventilating system approved by the
building inspection department. When windows
or skylights are used for ventilation, at least
one-half of the total required window area shall
be operable. (Ord. 73-60 S 1 (part), 1973).
518-2.807 Nude and topless expOsure
prohibited. No masseur or employee of either
sex, in the presence or view of any customer,
shall expose his private parts, buttocks, or (in
the case of a female) any portion of either breast
below a straight line drawn above both nipples
and the surrounding differently pigmented areas
(areolapapillaris). (Ord. 73-76 S 1, 1973).
518-2.808 Inspection. The sheriff, the
building inspector and/or the health officer may
make or cause to be made inspections of any
massage parlor or outcall massage service during'
regular business hours, to determine whether
there is compliance with the provisions of this
chapter. (Ord. 73-60 S 1 (part), 1973).
518-2.810 Advertising. No massage parlor,
outcall massage service or masseur shall place,
publish or distribute, or cause to be placed,
published or distributed, any advertising matter
which suggests that any illegal services are
available to customers, or that any masseur or
employee will expose a portion of his body
prohibited by Section 518-2.807. (Ord. 73-76 S
1, 1973; Ord. 73-60 S 1 (part), 1973).
Article 518-2.10
Enforcement
518-2.1002 Suspensions and revocations.
The sheriff may revoke or suspend any permit, if
he finds, after a hearing, that:
(1) Any of the provisions or requirements of
this chapter have been violated or not fulfilled;
or
(2) Any permittee or employee is engaging in
any illegal conduct; or
(Contra Costa County 7-80)
(3) The business is being operated without
due regard for the health, safety and welfare of
the public or customers; or
(4) The permittee refuses to allow any
authorized person to inspect the premises or
operations therein, or fails or refuses to answer
inquiries or furnish information or other things
required by this chapter. (Ord. 73-60 ~ 1 (part),
1973).
518-2.1004 Hearings. Before he suspends,
revokes or refuses to renew any permit, the
sheriff shall hold a hearing at which evidence
will be received to determine what action, if
any, should be taken. Written notice of the
grounds for the hearing, and its time and place,
shall be mailed to the permittee ten days prior
to the hearing. Within seven days after the
hearing, the sheriff shall mail written notice of
his decision to the permittee or applicant. (Ord.
73-60 ~ 1 (part), 1973).
Division 520 .
PRICE MARKING CONSUMER
GOODS
Chapters:
520-2 General
Chapter 520-2
GENERAL
Article 520-2.2 Definitions
Sections:
520-2.202 General.
520-2.204 Consumer commodity.
520-2.206 Grocery store.
520-2.208 Grocery department.
520-2.210 Sale item or special.
Article 520-2.4 Requirements
Sections:
520-2.402 Price mark required.
520-2.404 Exceptions.
Article 520-2.6 Violations and Enforcement
Sections:
520-2.602
520-2.604
520-2.606
Violations.
Civil enforcement.
Liability for violations.
166-4
Article 520-2.2
Definitions
520-2.202 General. Unless otherwise speci-
fically provided, or required by the context, the
following terms have the indicated meanings in
_ this division. (Ord. 80-26).
520-2.204 Consumer commodity. "Con-
sumer commodity" means any of the following:
(1) Food, including all material whether
solid, liquid, or mixed, and whether simple or
compound, which is used or intended for
consumption by human beings, or by domestic
animals normally kept as household pets, and all
substances or ingredients added to any such ma-
terial for any purpose, but excluding individual
packages of cigarettes and individual cigars;
(2) Foil wrapping and paper and plastic pro-
ducts, including, but not limited to napkins,
facial tissues, toilet tissues, plastic wrapping,
paper toweling, and disposable plates and cups;
(3) Detergents, soaps, and other cleaning
agents;
(4) Pharmaceuticals, including nonprescrip-
tion drugs, bandages, hygiene products, .and
toiletries. (Ord. 80-26).
520-2.206 Grocery store. "Grocery store"
means a store engaged primarily in the retail sale
of packaged food, as distinguished from food
prepared for consumption on the premises.
(Ord. 80-26).
520-2.208 Grocery department. "Grocery
department" means an area within a retail store
which area is used primarily in the retail sale of
packaged food, as distinguished from food pre-
pared for immediate consumption on or off the
premises. (Ord. 80-26).
520-2.210 Sale item or special. "Sale item
or special" means any consumer commodityof-
fered in good faith for a period of seven days or
less, on sale at a price below the normal price
that item is usually sold for in that store. (Ord.
80-26).
Article 520-2.4
Requirements
520-2.402 Price mark required. Every
owner, operator, manager, and person in charge
of a grocery store or grocery department shall
GENERAL
520-2.202-520-2.606
cause to have a clearly readable price indicated
on each packaged consumer commodity offered
or displayed for sale on or after April 1, 1980.
(Ord. 80-26).
520-2.404 Exceptions. This requirement
does not apply to:
(1) Any unpackaged unwrapped fresh food
produce;
(2) Any consumer commodity under three
cubic inches in size and weighing less than three
ounces and priced for less than thirty cents;
(3) Any grocery business which has as its
. only regular employees the owner thereof, or
the parent, spouse, or child of such owner, or in
addition thereto, not more than two other
persons employed on a regular schedule for a
continuing period of time;
(4) Identical items within a multi-item pack-
age which is price marked;
(5) Items sold through a vending machine;
and
(6) Sale item or special. (Ord. 80-26).
Article 520-2.6
Violations and Enforcement
520-2.602 Violations. Every failure or omis-
sion to have a clearly readable price, as required
by this division, indicated on six or more units
of the same item of the same commodity is an
infraction. (Ord. 80-26).
520-2.604 Civil enforcement. Any person
may seek civil enforcement of this division, pur-
suant to Chapter 14-6. (Ord. 80-26).
520-2.606 Liability for violations. Any per-
son who violates Article 520-2.4 shall be liable
to any person injured for any losses and ex-
penses thereby incurred, and for the sum of fifty
dollars in addition thereto. This remedy applies
only to actions brought by or on behalf of a
single plaintiff (including any governmental
agency) and not to multiple plaintiffs or class
actions. (Ord. 80-26).
166-5
(Contra Costa County 7 -80)