HomeMy WebLinkAbout0103
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REPEALQI
ORD. No, 10
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ORDI~ANCE NO. 103.
YO /0.]
, AN ORDINANCE OF THE BOARD OF TRUSTEES,OF'THE CITY OF
ARCADIA PROVIDING FOR THE LICENSING AND REGULATING 'THE CARRYING ON
OF CERTAIN BUSINESSES, PROFESSIONS, TRADES, CALLINGS AND OCCUPA-
TIONS CARRIED ON WITHIN SAID CITY OF ARCADIA AND REPEALING ORDI-
NANCE NO. 76 OF SAID CITY OF ARCADIA.
THE BOARD OF TRUSTEES OF THE CITY OF ARCADIA DO OR-
DAIN AS FOLLOIVS:
SECTION 1: It shall be unlawful for any person, whet -
er as principal or agent, clerk or employee, either for himself or
for any other person or for any body corporate, or as an officer
of any corporation, or otherwise, to commence or carryon within
the corpora'te limits of the City of Arcadia any business, trade,
calling, profession or occrupation, in this Ordinance specified,
without first,having procured a license from said City of Aroadia
so to do, and each and every day or fraotional part of a day that
said business, trade, oalling, profession or occupation in this
Ordin~nce specified, is conduoted or carried on without such li-
cense shall constitute a separate violation of this Ordinance, and
any person 11lho shall for himself, or for any other person or per-
sons, or fo:~ any body, corporate or otherwise commence or carry on
any business, trade, oalling, profeSSion or ocoupation aforesaid,
without first having procured such a lioense, shall for each vio-
lation of this Ordinance be deemed guilty of a misdemeanor and
upon convic'tion by any Court having jurisdiction thereof, shall be
fined there:f'or in a sum not exceeding $300.00 or be imprisoned for
a term not Isxoeed.ing three months, or shall suffer both such fine
and imprisonment in the discretion of the Court, and ,the amount
of such liolsnse shall be deemed a debt due to said City of Aroadia
and suoh pe:~son shall be liable to an aotion in the name of the
City of Arca.dia in any Court of oompetent jurisdiotion for the
amount of the license imposed on such bueiness, trade, calling"
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profession or occupation, as he shall be engaged in, with costs of
suit.
PROVIDED, HOWEVER, THAT FROM AND AFTER THE PASSAGE
OF THIS ORDINANCE NO LICENSE TAX OR FEE WHATSOEVER SHALL BE REQUIR D
OF ANY HONORABLY DISCHARGED OR RELEASED SOLDIER, SAILOR OR MARINE
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OF THE UNITED STATES OR CONFEDERATE STATES, WHO HAS SERVED IN THE
CIVIL WAR, ANY INDIAN WAR, THE SPANISH-AMERICAN WAR, ANY PHILIPPINE
INSURRECTION OR IN THE CHINESE RELIEF EXPEDITION OR IN THE WORLD
WAR OF 19l~ AND YEARS FOLLOVITNG, WHO IS PHYSICALLY UNABLE TO OBTAIN
A LIVELIHOOD BY MANUAL LABOR AND WHO SHALL BE A QUALIFIED ELECTOR
OF THE STATE OF CALIFORNIA, WHO MAY MAKE APPLICATION FOR A LICENSE
TO DISTRIBUTE CIRCULARS OR TO HAWK, PEDDLE OR VEND ANY GOODS, WARES
OR MERCHANDISE NOT PROHIBITED BY LAW, OR FOR THE DRIVING OR OPER-
ATING OF ANY AUTOMOBILE, PUBLIC CARRIAGE, HACK OR OTHER PUBLIC VE-
HICLE USED FOR THE PURPOSE OF CARRYING BAGGAGE, FREIGHT OR PASSEN-
GERS, FOR HIRE, BY AND FOR HIMSELF ONLY, AND SUCH LICENSE OR APPLI-
CATION FOR LICENSE SHALLBE GRANTED FREE OF COST TO ANY OF THE PER-
SONS LAST HID~EINABOVE MENTIONED UPON PRESENTATION OF HIS CERTIFICAT
OF DISCHARGE AND PROOF OF HIS IDENTITY TO THE OFFICER ISSUING THE
SAME, PROVIDlID HOWEVER, THAT NOTHING HEREIN CONTAINED SHALL BE CON-
STRUED TO DO AWAY WITH THE NECESSITY OF OBTAINING THE LICENSE HERE-
IN MENTIONED IN ANY CASE WHATSOEVER, AND PROVIDED FURTHER, THAT NO
LICENSE SHAL1~ BE COLlJECTED OR ANY PENALTY FOR THE NON-PAYMENT THERE
OF ENFORCED AGAINST ANY COMMERCIAL TRAVELER WHOSE BUSINESS IS LIMIT
TO THE GOODS" WARES AND MERCHANDISE SOLD OR DEALT IN IN THE STATE 0
CALIFORNIA M~ WHOLESALE.
SECTION 2: It shall be the-duty of the City Clerk of
said C1ty of Arcad1a to prepare and issue a l10ense under th1s Or-
d.inance" for the person, firm or o,orporat10n l1able to pay a lioens
hereundsr, duly signed by the sa1d C1ty Clerk, and to state 1n such
11cense the emount thereof, the period of time for whioh the same
shall run, Ule name of the person, f1rm or corporat1on for whom
1ssued and the bus1ness, trade, oalling , profess10n or oocupat10n
for wh10h thEI same 1s 1ssued, and the location, or place of bus1-
ness where such bus1ness, trade, call1ng, profession or occupat10n
1s to be oarr1ed on.
Said C1ty Clerk shall d.e11ver suoh license to the C1t
Marshal or L1cense Collector of sa1d City for oollect1on, taking
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his receipt for the same and the said City Clerk shall report to the
Board of Tru.13tees, at its first regular meeting in each month the
amount of s1il~h lioenses so delivered to the City Marshal or Liosnse
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Colleotor dw:ing the previous month.
Sa1d City Marshal or Lioense
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Colleotor s~tll prooeed at onoe to oolleot the same, and shall on
or bsfore tho first Monday of eaoh month, deliver to the sa1d City
Clerk a oomplete list of all lioenses colleoted by him for the pre-
vious month, and also a list of all persons whom he believes not to
be onthe l101lnse list and. who should be oharged with the payment of
a 110ense i and he shall pay over to the City Treasurer of sa1d C1 ty
the amount of all lioenses oolleoted by h1m during the preoeding
month and shall take the reoeipt of the City Treasurer for same,
whioh he ah~.l file with the City Clerk and shall report the amount
thereof toge1;her with the amount of delinquencies to said Board of
Trustees at j,ts first regular meeting 1n, eaoh month.
No lioense for any of the businesses, trades, oallings,
profess10ns or oooupations oarried on by any person delinquent for
the payment ()f any lioense fss hsreunder, shall be issued to suoh
person, e1thElr direotly or indireotly, until the payment of all 11-
oense feee d\le as specified in this Ordinance from such person to-
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gether w1th !il.l oosts.
SECTION 3: A separate license must be obta1ned for
eaoh branoh erstablisbment or separate place of business 1n which
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the bus1ness, trade, oalling, profession or oocupation, is oarried
on, and each l10ense shall author1ze the party obtaining 1t to oarry
on, pursue or oonduot only ttat bus1ness, trade, oa1ling, profession
or oooupation desoribed in suoh license and only at the location or
place of business wh10h 1s indioated therein.
All lioenses shall be paid in advanoe in legal cur-
rency of the United States, at the office of said City Marshal or
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Lioense Colleotor.
The monthly lioenses in this Ordinanoe provided Shall
be due and payable to the said City on the first oalendar day of
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aoh month in advance, from all persons who have for the previous
onth, been l:Loensed to oarry on any suoh business, trade, oalling,
rofession or oooupation; and from all persons who have not been li-
tho previous month for the same business, trade, oalling,
rofession or ocoupation, the lioense shall be due and payable and
ust be procw~ed by suoh person before oommenoing to carryon suoh
usinees, tr~le, oalling, profession or oooupation and shall extend
to the lfLst day of the month for whioh suoh lioense shall have
obtained.
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The annual lioenses in this Ordinance provided, shall
due and payable to the City on the first day of January of each
ear, and theoemi-annual lioenses herein provided on the first day
z ~ 13 of January ancI the first day of July of eaoh year and the first 11-
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15 portion of the ourrent year or half year and the rate tc be oharged
16 for the same Elhal1 be proportioned aocordingly.
17 All lioenses, unless otherwise expressly st ated her ein,
18 shall be construed to be quarterly liaenses and shall be payable upo
19 the fir st daYEI of January, April, July and October of eaoh year and
all suoh lioenses shall expire with the last days of Maroh, June,
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21 September and December of suoh year, Quarterly 1ioenses may be is-
22 sued for the unexpired quarter at the same ratio as the unexpired
23 time bears to the unearned portion of such license, provided how-
ever, that no quarterly license shall be issued for less than the
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amount due for' one month's time. The daily licenses inthis Ordi-
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nanoe provided, shall be payable to the City each day in advance, and
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shall be valid only for the day for which such lioense is issued.
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No greater or less amounts ofmgney shall be charged
or received for any lioense so iseued than is provided in this Ordi-
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nance, and no license shall be sold or issued for any period of time
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other than is provided in this Ordinance.
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SECTION ~: Every person, firm or corporation having
a lioense under the provisions of this Ordinance, and carrying on
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a business, trade, calling, profession or oocupation at a partioul
place of business, shall keep such 1icenae posted and exhibited
while same is in force, in some conspicuoue part of said place of
business. Every peddler of goods, wares or merchandise, or any
person driving or having control of any vehicle, wagon or automobll
1ioensed under this Ordinance, is required to carry bis lioense in
a -license hoiderD on the right hand side of suoh vehicle, wagon
or automobile or to attach a number tag or plate to said right hand
side of eaid vehicle, wagon or automobile as designated and fur-
nished by the City Clerk.
All persons, firms or corporations having a license
shall produce or exhibit the sarne when applying for a renewal there
of and whenever requested to do so by any polioe officer, or by any
offioer authorized under the provisione of this Ordinance to issue,
inspect or colleot lioensee.
SECTION 5: The City Marshal or Lioense Colleotor and
any deputy thereof shall have and exeroise the power of
First- To make arrests for the violation of any of th
provisions ot t~4 Ordinance.
Seoond- To enter free of charge, at any time, any
place of busl.ness for whioh a license is required and provided,
and to demaml the exhibition of such license for the current term,
from any perElon, firm or oorporat ion engaged or employed in the
transaotion of such business. If such person, firm or corporation
shall then and there fail to exhibit such license, such person,
firm or corporation shall bs liable to the penalty provided in
Seotion 1 of this Ordinance.
It is hereby made the duty of the City Marshal or
License Collector and any deputy thereof, to oause complaints to
be filed against all persons, firms or oorporations vi~lating any
of the provisions of this Ordinance.
SECTION 6: TIhenever the receipts for any exhibition
concert, lecture or entertainment is to be or will be appropriated
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1 to any ohurc:1l or school, or to any religiuus or benevolent purpose
2 within the Clty of Aroadia, there shall be no lioense oharged to th
3 person or pe:t'sons about to oonduot same.
4 SECTION 7: The oonviotion and punishment of any per-
5 son for transaoting any business, trade, calling, profesSion or
6 oocupation, 'without a lioense, shall not excuse or exempt such per-
7 son from the payment of any licenee due or unpaid at the time of
8 suoh conviction and nothing contained herein shall prsvent a orimina
9 proseoution :for any violation of the provisions of this Ordinance.
10 SECTION 8: NO LICENSE GRANTED UNDER ANY OF THE PRO-
11 VISIONS OF THIS ORDINANCE SHALL BE ASSIGNABLE OR TRANSFERRABLE AND
12 no person wh,o surrenders a license shall be entitled to any refund
: 13 on account thereof.
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sons. 1s use,i 1n th1s Ord1nanoe referring to those 11able to pay a.
110ense or t,~. the same are, and eaoh 1s intended and shall be
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oonstrued to msan and include every person, firm. oo-partnership,
a.ssqciation ,or oorporation oonducting or oarrying on the business,
trade, profession, oooupation or calling for whioh suoh liosnse
must be procured.
:SECTION 11: The rates of lioenses for the businesses,
trades, oallings, professions and oooupations hersinaftsr named,
shall be and the same are hereby fixed and established for and
Within the City of Aroadia aooording to the following sohedule,
to-w1 t:
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:3ECTION 12:
A lioense of $3.00 per quarter for every
30 person, firm or oorporation engaged 1n managing or oarrying on any
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of ths following oooupations or businesses:
(a) Hotels, Lodging Houses, Boarding Houses, Apartment
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1 Houses, letting furnished rooms or apartments where there are five
2 or more rooms used for such purpose.
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(0) Sslling, offering to ssll or exohange, mortgaging
4 or leasing rElal estate as agent or solicitor.
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(0) Peddlers of goods, wares, merchandise, poultry, vege-
6 taoles, oandl,es, oream, tamales, peanuts, popoorn or food. or arti-
7 cles of any desoription', not otherwise'herein provided for, using
8 a wheeled vehiole on a regularly established route followed atlea.t
9 thrse times s. week.
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(d)- Selling or delivering milk or oream whioh are the pro-
11 duots of three or mors oows or goats.
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(El) Conduoting the business of selling ioe oream, oon-
13 feotions, soft drinks or oarbonated water.
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(1') Dsaling in seoond-hand olothing, household furniture,
15 or seoond-haxd merohandise of any kind.
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(g) Solioiting for paintings, making photographs, pio-
17 tures, portraits, re-touohing or ohanging the same, orders for ad-
18 vert ising, orders for sale of goods, wares or merohandise where oar-
19 ried on in a regularly established score or fixed plaoe of business.
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(h) Carrying on'the business of a lumber yard.
(i) Theater, concsrt hall, moving pioture show or other
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place~of amusement.
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(j) Publio garage, selling automobilee, motor trucks,
motor oyoles, or other motor vehioles or acoessories thereto or oarry
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25 ing on the bu,siness of a filling station for the sale of gasoline or
other automobile oils or produote.
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(k) Restaurants, oafeterias, lunoh oounters, serving
28 meals or lunohes when not run in conneotion with a boarding house.
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(1) For eaoh tank wagon or other wagon or vehiole used
30 for hauling, peddling or delivering gasoline, oil, crude ,oil or dis-
tillate of any kind.
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(m) Business of dying oloth, oleaning or preesing cloth s
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or merchant tailoring.
(11) Bottling non-intoxioating beverages of any k1nd.
(I)) BarDer shops, hairdressing or Dsauty parlors, watoh-
I118.kers, jewulers, Dlackem1ths, meat-lII8.rket, sell1ng ioe at retail.
stationery, periodioals or musioal instrumente.
(p) Plumbing or gas fitting, eleotrio wiring, installa-
tion of eleeltrio or gas fixtures.
(el) For each oa.rt. dray, Wagon, automoDils or vehicle
used for trf~sportation of freight or goods for hire, hauling lum-
ber. gravel. sand or other light ma.terials.
(]:) Sell1ng wood, ooal, grain. poultry. fruits, or poul-
try fOOds.
(0) Operating a bakery, selling bread or products of a
bakery.
(11) Bus1ness of undertaker. embalmer or funeral direotor.
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BI~C'IO!l 13: The sum of $2.00 per day for every foot ped-
dler of goocLs, wares or merohandise not otherwise specifioally pro-
vided for in this Ordinanoe.
Sl:CTION 14.: The BUJII of $6.00 per quarter for every per-
son, firm o]~ oorporation engaged 1n any of the follow1ng businesses
(E~) Selling wearing aprarel, dry goods. fanoy goode or
notions .hel'e there 1e no fixed or established plaoe of business.
(b) Selling ioe oream, oonfeotionery. soft drinks andnot
having a reE~larly established or f1xed place of business.~
Co) Dealing in seoond-hwid artioles of clothing, house-
hold furnitt~e or merohandise of any kind. other than junk or rub-
bish, where there is not an established or fixed plaoe of business.
S]:CTION 15: For every person, firm or corporation oon-
duoting, mar~ing or oarrying on the business of collecting, pur-
ohasing. selling or dealing in junk or rubbish, andnot having a rsg
ularly esta'tll1shed or fixed plaoe of business. the sum of $6.00 per
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quarter,' or lf havlng a regularly establlshed or flxed place of
buslness, the sum of $3.00 per quarter, provided that every suoh
person, flrm or oorporatlon, before transportlng any suoh junk or
rubblsh from the City of Aroadla, shall fl1e with the sald City
Jlarshal a detailed statement,'glving the date, desorlptlon, person
from whom and plaoe from whioh each of such artlo1es of junk or
rubblsh shall have besn purohased or obtalned and shall hold suoh
junk or rubblsh for a perlod of 2~ hours ln the City of Arcadla
after de1lverlng such statement to sald Clty Marehal or shall sub-
mlt such junk or rubbish to the inspeotion of said City Marshal
and obtain his writtsn oonsent to the removal thereof from said
Ci ty of Ar ca.dla .
SECTION 16: A license of $4.00 per week for every peddler
of goods, wa.res or merchandlse not ctherwise hersin speoifically
provided fo:r, ue1ng a wheeled vehicle of any klnd and not having a
regularly elJtabllshed route traveled at least three times a week.
SECTION 17: A license of $150.00 per annUm for peddllng
mediolnes c]~ sell1ng on the streets or at publlo auction any other
artlo1e or lutlo1es where there is MUsic or devices to attract
crowds.
S]~CTION 18: A l10ense of $75.00 psr annum for peddling
medlclnes o]~ other artlo1es mentioned ln the preceding Seotion wher
no dev10es for attraotlng crowds are used.
BI~CTION' 19: A l10ense of $5.00 per month for oonduotlng
or oarrying on the buslness of a shooting gallery or skating rink.
Sli:CTION 20: A license of $15.00 per day for anyone who
praotioes Ute business of the art of astrology, palmistry, phren-
ology, life-~eading, fortune telling, olairvoyanoe, orystal gazing,
hypnotism or other alleged magio or exhibition of his art therein.
SE:CTION 21: A l10ense of $1.00 per day for carrying on
or managing a merry-go-round, circular swing, roller ooaster, var-
ioue wheeled, or other elmilar devioes, or for selllng on the street
or pub110 places, flags, banners, canes, horns, trumpets or mUsioal
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1 making inst~unents of any kind, toys, buttons, badges or other souv-
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enire.
SEOTION 22: A lioense ot .2.00 per day for oarrying on the
4 business of 13xhibiting, ehowing or
letting for use any microsoope,
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projeotosoope or other instrument
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phonograph, k1neto800pe, b1ograph,
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or maohines of liks oharaoter, inoluding lung testers, musole tester ,
ga1vanio bat1;ery, ball, knite or r1ng throwing and all devioee of
similar oharlLoter not otherwise herein provided for.
SEOTION 23: 5 oents per square foot for oarrying on the
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business of ndvertising by means of bill boards.
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SECTION 2~: A lioense of $10.00 per day for the sale of
ineolvent, bankrupt, fire, damaged or other simil~ goods, wares or
merchand1se.
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SE(~ION 25: For every person, firm or oorporation con-
duoting or olU'rying on any mercant 11e business of any kind whatso-
ever, not hereinbefore mentioned, or conduoting or oarrying on any
business in any store or plaoe where goods, wares or merchandise of
any kind, na1;ure or desoription not hereinbefore mentioned, are
sold, the swn of $3.00 per quarter.
SEi::TION 26: Nothing in this Ordinanoe shall be oonstrued
as imposing a lioense or tax or otherwise regulating or restrioting
Foreign or Illterstate Commeroe and any business or portion there-
thereof whiob is embraoed in the term -Interstate Commeroe- or in
the term -Fore1gn Commero~1s not made subjeot to the lioense im-
posed by thia Ordinance.
SECTION 27: All lioenses issued under this Ordinanoe or
any seotion "thereof ars granted and aooepted by all parties re-
oeiving lioe:nses with the upress understanding that the Board' of
Trustees of 13&id City ma.y revoke the same at any time by amending
thie Ordinan.,e, or any portion thereof, or if satisfied that any
condition of the lioense or terms of this Ordinance have been vio-
lated or tha't the lioens8 was obtained by fraudulent representations
or that the :l101der of any such lioens8 is an unfit person to be
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1 trusted with the privileges granted by suoh"license. provided how
2 ever, that nl) lioense shall be revoked without first giving the
3 holder thereof an opportunity to appear before the Board of Trus-
4 tees, in his oWn behalf by notification in Writing to the holder of
5 such lioense, giving and fixing the time and plaoe of euch hearing.
6 Upon the reVI)cation of the lioenee no part of the money in the
7 hande of the C1ty shall be returned, and. all suoh lioense fees shall
8 be forfeited to the City. When the 110ense of any such person is
9 revoked in nl) oase shall another lioense be granted to ths same
10 person w1thill six months of the date of suoh revooation.
11
SEcnoo 28: That Ordinance Ho. 76 of said City, entitled.
12 WAn Ordinano(~ of the Board of Trustees of the City of Aroadia pro-
13 v~ding for Lioensing and Regulating the carrying on of certain bus-
14 inesses, tra.cles. callings and oocupations within said City of Ar-
"15 cad1a.. adop1;ed April 3. 1918, be and the same is hereby repealed..
16
SEC~ION 29: The City Clerksha11 oertifY to the adoption
17 of this Ordinanoe and ehall oause the same to be published once in
18 The Aroadia ;rournal. a weekly newspaper published and oiroulated
19
1n said City of Aroadia. and hereby designated for that purpose,
and thirty d!~ys after the passage of thie Ordinanoe the same shall
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21 take effeot andbe in foroe.
22
Tho foregoing Ordinance wae adopted at a regular meeting
23 of the Board of Trustees of the said City of Aroadia, held on the
24 19th. day of July, 1922, by the affirmative vote of at least three
25 Trustees. to-.witt
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AYES: Trustees Evans. Granville, Knisley, Multer and Wheeler
NOEfl: None.
28 and signed aI~ approved this 19th. day of July, 1922.
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'z,~
President of the Board of Trustees.
32 ATTEST:
&Wr~ ~.~Q~
City rk.
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ORDINM~CE NO. l03~
L~CENSE ORDINANCE.
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