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HomeMy WebLinkAbout0147 QRDINANCE NO. 147 ---------- /fO. ILj 7 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE CITY OF ARCADIA PROVIDING FOR LICEHSING AND REGU1.ATING THE CARRYING ON OF CERUIN BUSINESSES, PROFESSIONS~ TRADES~ CALLINGS AND OCCUPATIONS CARRIED O1'f WITHIN SAID CITY OF ARCADIA AND REPEALING ORDJ;NAl'TCE NO. 103 OF SAID CITY OF ARCADIA, 'AIm ALL OTHER ORDINAlTCES OF SAID CITY OF ARCADIA IN CONFLICT THEREWITH. THE BOARD OF TRUSTEES OF THE C1 TY OF ARCADIA DO ORDAIN AS FOLLOVlS: SECTION 1: That Ordinance No. 103 of the City of Arcadia entitled: "An Ordinance of the Board of Trustees of the City of Arcadia, providi.ng for the licensing and regulating the carrying on of certain bU13inesses, professions, trades, callings am occupations carried on withi.n said City of Arcadia and repealing Ordinance No. 76 of said City of Arcadia" adopted July 19, 1922, and all Ordinances and parts of Ordinances of said City of Arcadia in conflict herewith, be and the same are hereby repealed. AMENDED SECTION 2: It shall be unlawful for any person.. whether as ORD. No. / ? 2. ' ~ principal or agent, olerk or employee, either for himself or for 13/&f.2.lj , any other person or for any body corporate, or as an officer of AMENDED any corporation, or otherwise, to commence or carryon wi thin the ~~~~orporate limits of the City of Arcadia any business, trade, ~ calling, profession or occupation, in this Ordinance specified, /.3.4 1"" /3 J:?without first having procured a license from said City of Arcadia AMENDED so to do; and each and every day or fractional part of a day that ~~' No...?.t<i?id business, trade, calling, profession or occupation' in this o<.t!. 13 ' ' , tt:.:l<l..~..", Ordinance specifiEld, is conducted or carried on without such license lo.;;~I!'?all constitute u separate violation of this Ordinance, and any ~D person who shall for himself, or for any 0 ther pers on or persons, -'..'').~''-' t ' or for any body, corporate or 0 herwise, commence or carryon any business, trade, calling, profession or occupation aforesaid, wi thout fi.rst havi,ng procured such a license, shall for each viola- tion of this Ordinance be deemed guilty of a misdemeanor and upon conviction by any Court having jurisdiction thereof, shall be fined therefor in a sum not exceeding $300.00 or be imprisoned in the oity jail of ,said City of Arcadia for a'term not exceeding three months, or shall suffer both such fine and imprisonment in the discretion of the Court, and the amount of such lioense shall be .' deemed a debt due -to said City of Arcadia and such person shall be liable to an action in the name of the Ci.ty _ -1- ___ , of A~cad1a in any court, CJ,/l-cf0,7i!t/Y>u ,rl~, / (7 , ... of competent juris~iction for the amount of the license impose~ on such business, trade, calling, profession or occupation, as he sh~ll be engaged in, with costs of suit. PROVIDED, HOW-SVER, THAT FROM AND AFTER THE PASSAGE OF THIS ORDIN.Al'iCE NO LICENSE TAX OR FEE WHATSOEVER SHALL BE REQUIRED OF Alf'! HONORABLY DISCHARGED SOLDIER, SAILOR OR MARINE OF THE UNITED STATES OR CONFEDERATE STATES, VillO HAS SERVED IN THE CIVIL \'IAR, Alf'! INDIAN WAR, Tm~ SPANISH-AMERICAN WAR, ANY PHILIPPINE INSURREC- TION OR IN THE CHINESE RELIEF EXPEDITION OR IN THE WORLD WAR OF 1914 AND YH'....ARS FOLJ..oWING~ VillO IS PHYSICALLY UNABLE TO OBTAIN A LIVELIHOOD BY MANU1IL LABOR AND WHO SHALL BE A QUALIFIED ELECTOR OF THE STATE OF CAJJIFORNIA, WHO MAY MAKE APPLICATION FOR A LICENSE TO DISTRIBUTE CIRCULARS OR TO HAVl.K, PEDDLE OR VEND ANY GOODS, WARES OR MERCHANDISE NOT PROHIBITED BY LAW, OR FOR THE DRIVING OR OPERATING OF ANY AUTOMOBILE, PITBLIC CARRIAGE, HACK OR OTHER PUBLIC VERI-CLE USED FOR 'THE PuRPOSE OF CARRYING BAGGAGE FREIGHT OR PASSENGERS, FOR HIRE, BY AND FOR HIMSELF ONLY, AND SUCH LICENSE OR APPLICATION FOR LICEIfSE SHALL BE GRANTED FREE OF COST IDO ANY OF THE PERSONS LAST HEREIN ABOVE MENTIONED UPON PRESENTATION OF HIS CERTIFICATE OF DISCHARGE AND PROOF OF HIS IDENTITY TO THE OFFICER ISSUING THE SAME, :PROVIDED HOWEVER, THAT NOTHING HEREIN C O~TTAINED SHALL BE CONSTRUED TO DO AWAY \'11TH THE NECESSITY OF OBTAINING THE LICENSE HEREIN ~TTIONED IN ANY CASE WHATSOEVER, AND PROVIDED FURTHER, THAT NO LICENSE SHALL BE COLLECTED OR ANY PENALTY FOR THE NON-PAYMENT THEREOF ENFORCED AGAINST ANY COMMERCIAL TRAVELER VillOSE BUSINESS IS LIMITED TO THE GOODS, WARES AND 1mRCHAlfDISE SOLD OR DEALT IN IN THE STATE OF CALIFORNIA AT WHOLESALE. SECTION 3: It shall be the duty of the City Clerk of said City of Arcadia to ~repare and issu.e a license under this Ordinance, for the person, firm or corpor~tion, liable to pay a license here- under, duly signed by the said City Clerk, and to state in such license the amount thareof, the period of time for which the same shall run, the name of the person, firm or corporation for whom issued and the busil~ss, trade, calling, profession'or occupation for which the same is issued and the location or place of business where such business,. trade, calling, profession or occupation i(:l to be carried on. -2- o /Ldw1.Cl.--nu.. ;1-c. J rj 7 -.' ~ Said City Cle:rk shall deliver such license to the City Marshal or License Collector of said City for collection, taking his rece~pt \ for the same and the said City Clerk shall report to the Board of Trustees, at its f:Lrst regular meeting in each month the amount of such license so delivered to the City Marshal or License Collector during the previou13 month. Said City Marshal or License Co'llector shall prooeed at Olloe to colleot the same, and shall on or before the first Monday of each month, deliver to" the said City OJ:erk a complete list of all licenses oollected by him for the previous month, and also a list of all persons whom he believes not,to be on the license list and who should be charged, with the payment of a license: and he shall pay over to the City Treasurer of said City the amount of .all licenses collected by him during the preceding month and shall ta):e the receipt of the City Treasurer for same, which he shall file with the City Clerk and shall report the ~ount , thereof together with the amount of delin~uencies to said Board of Trustees at its first regular meeting' in each month. No license for any of the businesses, trades, callings, . professions or occupations carried on by any person delin~uent for the payment of any license fee hereunder, shall be issued to such person, either directly or indirectly, until p~ment of all license fees due as specified in this Ordinance from such person together with all costs. SECTION 4: A, separate license must be obtained for each branch establishment or separate place of business, in which the business, trade, calling, profession or occupation, is carried on and each license shall authorize the party obtaining it to carryon, pursue or conduct o.o.ly that business, trade, calling, profess~on or occupation described in such license and only at the location or . place of business which is indicated therein. All licenses shall be paid in advance in legal currency of.the United States, at the office of said City Marshal or License Collector. The annual licenses in this Ordinance provided, shall be due and payable to the City in advance on the first d~ of January of each year, provided that when any person, firm or copporation shall have paid one such annual license and shall cease or quit the business , -3- OAcA/Y1.<!l/YI.u.. I/Z",. J. t./7 ... trade, profession e,l' occupation in which such person, firm or corpora- tion is engaged prior to the expiration of the second or subsequent year in which said annual lioense has been issued to suoh person, firm or oorporation, then such person, firm or corporation shall be entitled.to a refund of so much of said~nual license so paid as the unexpired time of such licens:e bears to the whole amount of said annual license. ,All licenses, unless otherwise expressly stated herein, shall be oonstrued to be annual licenses &ld shall be payable upon the first day of January of eahh year and all such licenses shall expire with the last day of December of such year. The daily licenses in this Ordinance provided .shall be payable to the City each day in advance, and shall be valtd1 only for the day for which such lioense is issued. No greater or less amounts of money shall be charged or rece ived . for any lioense so issued than is.provided in this Ordinance, and no license shall be sold or issu.ed for any period of time other than is provided in this Ordinance. SECTION 5: Every person, firm or corporation having a license under the provisions of this Ordinance, and carrying on a business, trade, calling, profession or occupation, at a particular plaoe of business, shall keep such license posted and exhibited w~ile same is in force, in some oonspicious 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 automobile licensed under this Ordinance, is required to carry his license in a "license holder" on the right hand side of such Vehicle, wagon or automobile or to attach a numbertag00r plate to said right hand side of said vehicle, . wagon or automobile as designated and furnished by the City Clerk. All persons, firms or corporations having a license shall produce or e~hibit the same when applying for a renewal thereof and whenever requested to do so by any police officer, or by any officer authorized under the provisions of this Ordinance to issue, inspect or collect licenses. SECTION 6: The City Marshal or Lioense Collector ,arid any deputy thereof shall have and exercise the power of FIRST To make arrests for the violation of any of the provisions of this.Ordinance. SEC OND--- To enter free of charge, at any time, any place of business for which a license is required and provided, and to demand -4- ()yl.d.~ ~. J Y7 the exhibition of such license for the current term, from any person, firm or corporation. engaged or employed in'the transaction of such business. If such person, firm or corporation shall then and there fail to exhibit such license, such person, firm or corporation shall be liable to the penalty provided in Section 2 of this Ordinance. It is hereby made the duty of the City Marshal or License } , Collector and any deputy thereof, to cause complaints to be filed against all persons, firms or corporations violating any of'-the provisions of this Ordinance. SECTION 7: ffilenever the receipts for any exhibition concert, lecture or enterta~unent is to be or'will.be appropriated to any church or school, Ol~ to any religious or benevolent purpose within the City of Arcadia, thore shall be no license charged to the person or persons about to conduct same. SECTION 8: nle conviction and punishment of any person for transacting any busi.ness, trade, oalling, profession or occupa,tion, without license, shell not excuse or e~empt such person from the payment pf any license due or unpaid at ~he time of such conviction and nothing contained herein shall prevent a criminal proseoution for any violation of the provisions of this Ordinance. SECTION 9: NO LICENSE GRANTED UNDER ANY OF THE PROVISIONS OF THIS ?RDINANCE SHALL BE ASSIGNABLE OR TRANSFERABLE AND no person who surrenders a license shall be entitled to any refund on account thereof. SECTION 10: NO PERSON SHALL BE REQUIRED TO PROCURE A LICENSE TO SELL THE PRODUCTS OF A FARM WHEN'SUCH PRODUCTS ARE RAISED BY HI1;SELF . SECTION 11: When the word "person" or the words "persons" is used in th1a Ordinanoe referring to those li.able to pay a license or tax, the same arEi, and each is' intended and shall be construed to mean and. include eve]~y persan, firm, co-partnersh~p, association or corporation conducting: or carrying on the business, trade, profession, occupation or calling for which such license must be procured. SECTION 12: The rates of licenses for the businesses, trades, callings, profession~:, and occupations herein~fter named, Shall be and the same are hereby fixed and established for and within the City of Aro~dia according to the folloWing scheuule, to-wit: -5- Ovtd~~-,,- fit!'. / '17 SECTION 13: A license of $18.00 per annum for every person, firm or corporation engaged in managing or- carrying on any of the following occupations or businesses: (a) Hotels, Lodging Houses, Boarding Houses, Apartment Houses, letting furnished rooms or ~pa~~ments where there are five or more rooms used for such purpose. (b) Selling, offering to sell or exohange, mortgaging or leasing real estate as agent or solicitor. (c) Peddler,s of goods, wares, merchandise. poultry. vege tables, candies, cream, t~nales, peanuts, popcorn or food or articles of any . description, not otherwise herein provided for, using a wheeled vehicle on a regularly established route followed:,\at least three times a week. (d) Selling or delivering milk or cream which are the products of three or more CIW/S or goats. (e) Conducti~g the business of selling ice cream, confections, soft drinks or carbonated water. (f) Dealing in second-hand clothing, household furniture or second-hand merchandise of any kind. (g) Soliciting for paintings, making photographs, pictures, portraits, re-touching or changing the same, prders for advertising, orders for sale of goods, wares or merchandise where carried on in a regularly establish'3d store or fixed place of business. (h) Carrying on the business of a lumber yard. (i) Theatre, concert hall, moving picture show or other places of amusement. (j) Public garage, selling automobiles, motor trucks, motorcycles, or other motor vehicles or accessories thereto or carrying on the business of a filling station for the sale of gasoline or other automobile oils or products. . (k) Restauran.ts, cafeterias, lunch counters, serving meals or lunches when not rUJ:l, in connection with a boarding house. (1) For each tank wagon or vehicle used for hauling, peddling or delivering gasoline, oil, crude oil or distillate of any kind. ~ (m) Business of dyeing cloth, cleaning or preSSing clothes or merchant tailoring. (n) Bottling non-intoxicating bever~es . -6- of any kind. 0tA~/A.~' /1c. I '17 (0) Barber Shops, hairdressing or beauty parlors, watchmakers, jewelers, blacksmiths, meat-market, selling ioe at retail, stationery, periodicals or musioal instruments. ". (p) 'Plumbing or gas fitting, electric wiring, installation of electric or gas fixtures. (q) For each cart, dray, wagon," ll,utomobile or vehicle used for transportation of freight or goods for hire, hauling lumber, gravel, sand or other light materials. (r) (s) (t) (u) Selling vrood, coal, grain, poultry, fruits or poultry foods. Operating a bakery," selling bread or products of a bakery. . Business of under~aker', embalmer or funeral direotor. Business of building oontraotor. SECTION 14: ~~e sum of $50.00 per annum for every foot peddler of goods, wares or merohandise not otherwise' speoifioally provided in this Ordinanoe. SECTION 15: ~~he sum of $50.00 per annum for every person, firm or oorporation engaged in any of the following businesses: "(a) Selling wearing apparel, dry goods, fanoy goods or notions where there is no fixed or established plaoe of business. (b) Selling ioe oream, oonfeotionery, soft drinks and not having a regularly established or fixed plaoe of business. (0) Dealihg in seoond-hand artioles of olothing, household furniture or merohandise of any kind, other th~ junk or rubbish, where there is not an established or fixed plaoe of business. SECTION 16: For every person, firm or oorporation oonduoting managing or oarrying on the business of oolleoting, purohasing, selling or dealing in junk or rubbish, and not having a regularly established i or fixed plaoe of business, the sum of $36.00 per annum, or if having a regularly established or fixed plaoe of 'business, the sum of $18.00 per annum, provided that every suoh person, firm or corporation, before transporting any such junk or rubbish from the City of Aroadia, shall file with the said City Marshal a detailed statement, giving the date, desoription, person :from whom and plaoe from whioh eaoh of suoh artioles of junk or rubbish shall have been purohased or obtained and shall hold suoh junk or rubbish for a period of 24 hours in the City of Arcadia after delivering such statement to said City Marsahl or shall submit suoh junk or rubbish to the inspeotion of said City Marshal and obtain his written olmsent to the removal thereof from said City "of Aroadia. -7 - tJA--c.L(/Y> c:<~ Yl-o. I tj 7 loo.... SECTIOU 17: A license of $50.00 per annum for every peddler of goods, wares or merchandise not otherwise herein specifically provided for. using a wheeled vehicle of any kind and not having a regularly established route traveled at least three times a week. SECTION 18: A license of $150.00 per annum for peddling medicines selling on the streets or at public auotion any other artiole or artioles where the;re is musi.c or devices to attract crowds. SECTION 19: A lioense of $75.00 per annum for peddling medicines or other articles mentioned in the preceding Section where no devices for attracting crowds are used. SECTION 20: A license of $75.00 per annum for conducting or carrying on the business of a shooting gallery or skating riwc. SECTION 21: A license of $25.00 per day for anyone who practices the busine~s of the art of astrology, palmistry, phrenology, life-reading, fortune .telling, clairvoyance, crystal gazing, hypnotism or other alleged magio or e:ld1ibition of his art therein. SECTION 22: A license of $5.00 per day for carrying on or managing a merry-go-round, ciroular swing, roller coaster, various wheeled or other similar devices or for selling on the streets or public places, oj;'lags, banners, oanes, horns, trumpets or musioal making instruments of any kind, toys, buttons, badges or other souvenirs. SECTION 23: A, lioense of $5.00 per day for carrying on the business of exhibiting, showing or letting for use any microsoope, phonograph, kinetosoope, biograph, projeotoscope or other instruments or machines of like charaoter, inoluding lung testers, muscle testers, galvanic battery, ball,knife or ring throwing and all devioes of similar character not otherwise herein provided for! SECTION 24: Five oents per square foot per annum for oarrying on the business of advertising by means of billboards. SECTION 25: .A. license of ~10.00 per day for the sale of insolvent, '. bankrupt, fire, damaged or other similar, goods, waDes or merohandise. SECTION 26: For every person, firm or corporation oonducting or oarrying on any mercantile business of any kind whatsoever, not herein- before mentioned. or oonduoting or oarrying on any business in any store or place wHere goodB, wares, or merchandise of any kind, nature or descrilption not herE~inbefore mentioned, are sold, the sum of $18.00 per annum . -8- OdtA?a",'lc(". /~. lil7 ~-~- . SECTION 27: Nothing in this Ordinanoe shall be oonstrued as imposing a lioensE! or tax or otherwise regulat:ii.ng or restrioting Fore~gn or Interstate Commeroe and any business or portion thereof whioh is embraoed in the termf'''Interstate Commeroe" or in the term "Foreign Commeroe" is not made subjeot to the lioense imposed by this Ordinance. SECTION 28: All licenses issued under thio Ord inanoe or aDy seotion thereof are granted and acoepted by all parties receiving lioenses with the express understanding that the Board of Trustees of said City m~ revoke the same at any time by amending this Ordinanoe, or any portion thereof, or if satisfied' that any oondi- tion of the license or terms of this Ordinanoe has been violated or that the lioense was obtained by fraudulent representations, or that the holder of any suoh lioense is an unfit person to be trusted with the privileges granted by suoh lioense: provided, however, that no lioense shall be revoked without first giving the holder thereo~ an opportunity to appear before the Board of Trustees, in his own behalf by notifioation in writing to the holder of suoh lioense, giving and, fixing th':l time anli plaoe of suoh hearing. Upon the revooation of the lioense no llart of the money in the hands of the City shall be returned, and all such licenfle fees shall be forfeited to the City. When the lioense of aDy such person is revoked in no oase shall another lioense be granted to the flame person within six months of the date of suoh revooation. SECTION 29: The City Clerk shall oertify to the ~doption of this Ordinance and shall oause the same to be published onoe ,in the Aroadia Journal, a weekly newspaper published and oiroulated in said City of Aroadia, and hereby' designated for that purpose, and thereupon and thereafter the same shall take effeot and be in foroe. SECTION 30: The foregoing Ordinanoe was adopted at a regulex meet- Lng of the Board of Trustees, of said City of Aroadia, hald November 17, 1924, by the affirmative vote of at least three Trustees, to-wit: AYES: Trustees Gramm, Granville, Hawk, Multer and Wheeler. NOES: None and signed and approved this 17th day of Novembe~24. ~~~~. ~~~, ~KU~~~~~ ATTEST: ~{Z:-~ -9- {)~~/YJ.u., H<>, / "17 .