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HomeMy WebLinkAbout1617 ORDINANCE NO. 1617 AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICIPAL CODE BY AMENDING SECTIONS 6214.2 AND 6214.3 THEREOF AND BY ADDING SECTION 6214.3.1, DELINEATING THE LICENSE FEE PENALTY FOR BUSINESSES COMMENCED WITHOUT A LICENSE THE CITY COUNCIL OF THE CITY OF ARCADIA HEREBY ORDAINS AS FOLLOWS: SECTION 1. Section 6214.2 of the Arcadia Municipal Code is hereby amended to read as follows: "6214.2. CRIMINAL LIABILITY. The conviction and punish- ment of any person for engaging in business without a license shall not excuse or exempt such person from the payment of any license or penalty, due or unpaid, at the time of such conviction, and nothing in this Chapte~ shall prevent a criminal prosecution for any violation of the provisions of this Chapter." SECTION 2. Section 6214.3 of the Arcadia Municipal Code is hereby amended to read as follows: "6214.3. PENALTY. Except as provided in Section 6214.3.1, the License Officer shall, on every 30th day following the due date thereof, add a penalty of ten percent (10%) for f~ilure to pay an annual, semiannual or quarterly license fee when due; provided, however, that the total penalties thus added shall not exceed fifty percent (50%) of the license fee itself; and for failure to pay a monthly, weekly or daily license fee when due, the License Officer shall add a penalty of ten percent (10%) of said license fee on the day following the due date thereof; an additional penalty of ten percent (10%) shall be added each month, week or day, respec- tively, that any such license fee remains delinquent; provided, however, that the total penalties thus added shall not exceed fifty percent (50%) of any such respective license fee." -l- 1617 SECTION 3. The Arcadia Municipal Code is hereby amended by adding thereto Section 6214.3.l to read as follows: "6214.3.1. SAME. BUSINESS COMMENCED WITHOUT A LICENSE. The License Officer shall not issue a license to any person who has commenced business without a license unless there is first paid the license fee itself and a penalty equal to 50% of the license fee or Twenty-Five Dollars ($25.00), whichever is greater." SECTION 4. Any condition caused or permitted to exist in violation of any of the provisions of this ordinance shall be deemed a public nuisance and may be, by the City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense. SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the vali- dity of the remaining portions of this ordinance. The City Council of the City of Arcadia hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 6. Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be con- strued as affecting any of the provisions of such ordinance re- lating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordi- nance and all rights and obligations thereunder appertaining shall continue in full force and effect. -2- 1617 SECTION 7. The Clerk of the Council shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the official newspaper of the City of Arcadia within fifteen (15) days after its adoption. PASSED AND ADOPTED by the City Council of the City of Arcadia at its regular meeting held on the 23rd day of November , 1977. SIGNED AND APPROVED this 23rd day of November , 1977. ATTEST: ~ejj/K~ City Cler . I HEREBY CERTIFY that the foregoing ordinance was adopted at a regular meeting of the City Council of the City of Arcadia, California, held on the 23rd day of November ,1977, by the affirmative vote of at least three Council Members, to wit: , ,o;-...;:,-;;_,...,AYES: .;^~r ..f(-' _~~ES: ~.~- - ....--ABSENT: - _~.' ~:-. :--:;:~::~~; r-;~ --... -........... '..... -- -. -- . '...'.. '-....... ........-'-' . -.. ~ .:_ .../-....J -;~)~ Council Members Gilb, Lauber, Margett, Parry and Saelid None None &ut7~ ~ ~ City Clerk of the City of Arcadia -3- 1617