Chapter 4.23
LICENSING OF RAFT RENTAL BUSINESSES AND THE COLLECTION OF CITY-IMPOSED FEES BY LICENSEES
Sections:
4.23.015 Definitions – Raft rental business.
4.23.020 Definitions – City-imposed fees.
4.23.030 Special business license required.
4.23.050 Change of information.
4.23.055 Collection of city-imposed fee.
4.23.060 Reporting and remitting.
4.23.065 Actions to collect city-imposed fees.
4.23.075 Inspection of records.
4.23.090 Nature of enforcement actions.
4.23.000 Purposes.
The recreational use of the American River Parkway includes the use of the American River by rafts, kayaks and other floating devices. Based on watercraft counts taken in August 1981, there are approximately 46,550 rafts and 2,450 canoes and kayaks that use the American River each season. This represents approximately 237,650 small watercraft recreation visits per year or 4.8 percent of total American River Parkway visits.
The use of the American River by persons on rafts, kayaks and other floating devices poses a serious threat to the health, safety and welfare of such persons, to property owners adjoining the American River, and to the riparian environment. The popularity of river rafting on the American River has resulted in traffic congestion, parking violations, environmental pollution, increased need for law enforcement, increased need for search and rescue assistance, and additional repair, maintenance and operational costs to the city.
At least 50 percent of the rafts, kayaks and canoes used on the American River are owned by private businesses and rented to the public. Licensing of commercial users of the American River Parkway for rafting and other floating devices is necessary to ensure that necessary public resources are provided to preserve the safety, health and welfare of the community and that the licensee bears the responsibility for collecting such city-imposed fees as are deemed necessary to provide such public resources.
As a result of the city’s budget crisis, the city lacks sufficient revenue to pay for an adequate level of beach maintenance, supervision, ranger assistance and other services necessary to ensure the safety, health and welfare of the community on the American River Parkway. The establishment of a fee structure is necessary to pay for such costs as are attributable to usage of the American River Parkway by rafters.
Sacramento County has imposed such fees pursuant to Resolution No. 92-1000. Those fees are collected at the same time as parking fees from those members of the public who use city parking facilities to access the American River Parkway.
A significant number of rafts (as many as 600 rafts per weekend day or 30 percent of total raft use on the Parkway) are carried into the American River Parkway by walk-ins who do not use city parking facilities. The majority of the walk-ins rent or lease rafts from private businesses located at or near access points to the American River Parkway.
In order to collect any fees directly from such walk-in users, the city would have to install, at substantial expense, fee collection booths and fencing in order to direct walk-ins to a collection point. Even with walk-in collection booths, it would be difficult to cover all walk-in access points to the American River Parkway for purposes of collecting fees from walk-in rafters. Requiring licensees to collect such fees from their patrons at the same time as raft rental fees or charges are collected ensures that the city can offset its costs of maintenance, ranger assistance in emergencies and nonemergencies, and such other services as are necessitated by the use of the American River Parkway by rafters. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0920 § 1, 1993].
4.23.005 Definitions.
As used in this chapter, the terms identified by RCMC 4.23.010 through 4.23.020 shall be ascribed the meanings indicated. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0920 § 1, 1993].
4.23.010 Definitions – Raft.
“Raft,” as used in this chapter, shall be deemed to mean any raft, canoe, kayak, inner tube, or any other type of inflatable or noninflatable floating device used or intended to be used for traversing any waterway. It shall not include any boat required to be registered with the state of California or any federal agency. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0920 § 1, 1993].
4.23.015 Definitions – Raft rental business.
“Raft rental business,” as used in this chapter, shall be deemed to mean any person or entity which leases, rents, loans or otherwise supplies for consideration any raft in the city of Rancho Cordova, whether singularly or in connection with another type of enterprise. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0920 § 1, 1993].
4.23.020 Definitions – City-imposed fees.
“City-imposed fees,” as used in this chapter, shall be deemed to mean such fees as may be prescribed from time to time by resolution of the city council for purposes of ensuring the maintenance, operation and services provided for the American River Parkway which are necessitated due to rafting on the American River. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0920 § 1, 1993].
4.23.025 Director.
The finance director is charged with the responsibility of administering this chapter and exercising the authority conferred thereby. Such authority shall include the power and duty to issue special business licenses authorizing the operation of any raft rental business, promulgation and enforcement of the administrative regulations and the performance and exercise of the duties and authorities conferred herein.
To these ends, the finance director shall be vested with the same powers and authorities in relation to raft rental businesses and the issuance and administration of special business licenses therefor as are vested in the chief of police under RCMC 4.02.070, 4.02.085, 4.02.105 and 4.10.000 through 4.10.155. Any reference to the “chief of police” in said sections as that reference relates to the issuance, renewal or denial of a special business license or as that reference relates to the appeal of a denial, revocation or suspension of a special business license shall be deemed a reference to the finance director in relation to this chapter.
Whenever the term “director” is used in this chapter, the term shall mean the finance director. [Revised during 2008 codification; Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0920 § 1, 1993].
4.23.030 Special business license required.
No person shall operate a raft rental business within the city of Rancho Cordova unless under and by authority of a valid, unrevoked and unexpired special business license issued pursuant to the provisions of Chapter 4.10 RCMC and this chapter. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0920 § 1, 1993].
4.23.035 Display of license.
Every person issued a special business license under the provisions of this chapter shall keep the license posted and exhibited in a conspicuous part of the premises. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0920 § 1, 1993].
4.23.040 Application.
In addition to the matters prescribed by RCMC 4.10.030, an application for a special business license to operate a raft rental business shall contain the following:
A. The name, business address and telephone number of the applicant, and if the applicant is not a natural person, a copy of the articles of incorporation, bylaws, partnership agreement or other written instrument by which the entity is established;
B. The name and street address within the city of Rancho Cordova of an individual authorized to accept service of legal process or any notices issued pursuant to this chapter. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0920 § 1, 1993].
4.23.045 Issuance.
The director shall issue a special business license to allow operation of a raft rental business unless:
A. One or more of the findings prescribed by RCMC 4.10.040(A), (B) and (D) are made; or
B. That information contained in the application is false or otherwise inaccurate. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0920 § 1, 1993].
4.23.050 Change of information.
The applicant shall report to the director any change in the information required by RCMC 4.23.040 within 10 days of the effective date of the change. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0920 § 1, 1993].
4.23.055 Collection of city-imposed fee.
Each licensee shall collect from each person who rents, leases or hires rafts from the licensee the amount of any city-imposed fee prescribed by resolution of the city council. Such city-imposed fee shall reflect the pro rata cost of maintenance, operation and services provided for the American River Parkway which is attributable to usage by rafts. Each licensee shall collect such city-imposed fees to the same extent and at the same time as the raft rental fee or charge is collected from the licensee’s patrons. The amount of the city-imposed fee shall be separately stated from the amount of the raft rental fee or charge. The licensee shall provide each person who rents, leases or hires such rafts with a receipt for payment of the city fee. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0920 § 1, 1993].
4.23.060 Reporting and remitting.
Each licensee shall, on the tenth of the month, or at the close of any shorter reporting period which may be established by the director, prepare and mail to the director on a form to be obtained by such licensee from the director for that purpose, a full, true and complete report of the total number of times that rafts were rented and the amount of city-imposed fees collected during the month preceding the filing of such report. At the time the report is submitted to the director, each licensee shall remit the full amount of the city-imposed fees collected by said licensee during the month. All city-imposed fees collected by the licensee pursuant to this chapter shall be held in trust for the account of the city until such fees are remitted to the director.
The director may require additional information in the report and may establish a shorter reporting period for any licensee in order to ensure collection of the city-imposed fee. Remittance of the full amount of the city-imposed fees collected by any licensee shall be due immediately upon the licensee’s cessation of business for any reason. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0920 § 1, 1993].
4.23.065 Actions to collect city-imposed fees.
The amount of city-imposed fees which each licensee is required to collect pursuant to this chapter is a debt owed by the licensee to the city. Failure to pay the city the amounts collected, or required to be collected, shall result in the filing of a court action in the city’s name to collect payment. The city attorney shall be authorized to file an action to collect such city-imposed fees on behalf of the city council. [Revised during 2008 codification; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0920 § 1, 1993].
4.23.070 Records – Audit.
The licensee shall keep full and accurate records of the total number of rafts which are rented or leased and the amount of city-imposed fees collected by the licensee. The records shall be of such types and maintained in such manner as may be prescribed by the director. The director or any other authorized representative of the city shall have the right to examine and audit such records at any reasonable time and the licensee shall fully cooperate by making such records available. Such audits shall be conducted not less frequently than annually, for each 12 months of each licensee’s operation. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0920 § 1, 1993].
4.23.075 Inspection of records.
It shall be the duty of every licensee to keep and preserve, for a period of three years, all records, ledgers and accounts relating to the rental or lease of rafts, and the required collection of city-imposed fees as prescribed in accordance with RCMC 4.23.055, that are necessary to determine or establish compliance with the provisions of this chapter. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0920 § 1, 1993].
4.23.080 Revocation.
In addition to the grounds set forth in RCMC 4.10.135 and in addition to the penalties prescribed in RCMC 4.23.085, a special business license may be revoked during its term if the director finds in writing that one or more of the following grounds exist:
A. Violation by the licensee of any of the terms, conditions, or requirements of this chapter;
B. Violation by the licensee of any administrative regulation or rule promulgated pursuant to the provisions of this chapter;
C. Failure of the licensee to comply with any applicable city, state or federal law;
D. Refusal of the licensee to collect city-imposed fees as prescribed in accordance with RCMC 4.23.055;
E. Refusal of the licensee to permit an inspection pursuant to RCMC 4.23.075. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0920 § 1, 1993].
4.23.085 Penalties.
Notwithstanding the provisions of RCMC 4.02.100, any person who violates any of the regulatory requirements adopted by the director pursuant to this chapter or who fails or refuses to collect and remit the city-imposed fee to the city as required in accordance with RCMC 4.23.055 and 4.23.060 is guilty of a misdemeanor and upon conviction may be punished by a fine not to exceed $500.00 or by imprisonment in the city jail not to exceed six months, or both. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter, or regulatory requirements adopted by the director pursuant to this chapter, is committed, continued, or permitted by any such person, and shall be punished accordingly. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0920 § 1, 1993].
4.23.090 Nature of enforcement actions.
Any action or proceeding commenced or continued by the director or the city against a person for violations of this chapter, or any regulations or rules adopted by the director pursuant to this chapter, shall be deemed actions or proceedings to enforce the police or regulatory power of the city. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0920 § 1, 1993].