Loading...
HomeMy WebLinkAbout0737 , - ~- ORDINANCE NO. 737 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, LICENSING THE TRANSACTION AND CARRYING ON OF CERTAIN BUSINESSES, TRADES, PROFESSIONS, CALLINGS AND OCCUPATIONS IN THE CITY OF ARCADIA, FOR THE PURPOSE OF RAISING MUNICIPAL REVENUES, ~lD PROVIDING A PENALTY FOR THE VIOLATION THEREOF AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. DEFINITIONS~ Unless it is apparent from the con- text that another meaning is intended, the following words when used herein shall have the meaning attached to them by this section: (a) "Apartment House" is any bUilding, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied or which is occupied as the home or residence r I of four or more families living independently of each other and doing their own cooking in said building, and shall in- clude flats and apartments. ~'t.~'V't.'il1f1 ~(I"\)' ~~o. (b) "Advertising Vehicle,r shall mean the business of operat- ing upon the street any wheeled vehicle equipped with music or a musical device, loud speaker or other device for-attr.ac~- " ing attention, or who operates upon the streets any wheeled vehicle for advertising purposes and to which wheeled vehicle there are attached signs, placards, billboards or other ad- vertising matter. (c) "Ci t:y" shall mean the City of Arcadia. (d) "Engaged in Business" shall mean the conducting, manag- ing or carrying on of any trade or commercial enterprise in the City of Arcadia for which a license is required under the I provisions of this Ordinance as owner, officer, agent, manager, employee, servant or lessee of any of them. (e) "Person" shall mean all domestic and foreign corporations; associations, partnerships, syndicates, joint stock corporations, societies and individuals engaged in any business as defined herein in the City of Arcadia~ (f) "Whe'sled Vehicle" shall mean and include an automobile, -1- UAd 71~ - truck, tank truck, trailer, wagon, cart and any and all con- trivances u.sed or capable of being used as a means of trans- portation of persons or property, that move or roll on one or more wheels. (g) "streets" shall mean and include all streets, avenue, highways, alleys, courts, lanes, places, squares, curbings', sidewalks O.r' other public ways in the City of Arcadia which have been Or' may be dedicated as such and opened to public i,,~\I'.i'\IlE\)1J1 use. ()~lO. \'lo. '( (h) "Within the Citylt. shall mean within the corporate limitg, of the City of Arcadia as they now exist, or may hereafter be made to exist by subsequent exclusion or addition. (i) "'Contrac tor" shall mean any person who engages wi th the owner or lessee or other person in possession of any lot or parcel of land or building, for the erection, construction or repair of any building or structure in the City of Arcadia, or for the doing of any heating, air conditioning, drainage, irrigation, brick laying, cement work, sewer work, painting, tile work, carpenter work, lathing, plastering, roofing, shingling, landscaping, fencing, interior decorating whether the same be by contract at a fixed price, or upon the cost of materials and labor basis, or upon the cost of construction plus a percentage thereof basis. SECTION 2. LICENSE REQUIRED. There are hereby imposed upon the businesses, trades, professions, callings and occupations specified in this Ordinance license taxes in the amounts herein- after prescribed, and it shall be unlawful for any person to en- gage in business or to transact and carryon any business, trade, profession, calling or occupation in the City of Arcadia, without first having procured a license from s aid City so to do and without -2- U~--r/ 7.3/ - - fully complying with any and all other ordinances now existing or hereafter to be adopted by the City Council of the City; and it shall constitute a separate violation of this Ordinance for each and every day or fractionallpart of a day that any person engages in business ir., violation of any of the provisions of this Ordinance. SECTION ~" CIVIL OBLIGATION. The amount of any license fee imposed hereunder shall constitute a debt to the City and any person engaging in business in the City without having a license so to do shall be subject to an action in the name of the City in any court of competent jurisdiction for the collection of the amount of the license fee and penalties by this Ordinance. AME'NDI:D SECTION 4. CITY CLERK TO ISSUE LICENSE. It shall be the duty ORD. No. Cf,77 of the City Clerk to prepare and issue a license certificate under this Ordinance upon payment of the required fee, and upon compliance with all of the provisions of this Ordinance, to every person liable to pay a license fee hereunder, and to state in such license cer- tificate the amount of such fee, the period of time covered by such license certificate, the name of the person to whom issued, the trade or commercial enterprise licensed, and the location or place of business where the same is to be carried on. In no case shall any mistake made by the City Clerk in collecting or stating the amount of a license fee prevent or prejudice the collectiDn by the City of such amount as shall be actually due from any person en- gaged in business who is subject to a license under this Ordinance. The issuance of a license under this Ordinance shall not be con- strued as authorizing the conduct or continuance of any busines~ which for any reason is in violation of any law or ordinance nor affect or render valid any violation of any zoning regulation of the City nor authorize the erection of an advertising sign in a residential zone. The City Clerk shall deliver to the Chief of Police notices of all delinquent licenses and it shall be the duty of the Chief of Police to collect each delinquent license with -3- rY/u/7B? - '., herein provided. penalties as AMENDED ORO. No. C/'71 AMENDED ORD. No. q?1 NOT TRANSFERABLE. . No license hereunder shall be SECTION 5. transferred or assigned, nor shall such license be construed as authorizing any person other than the licensee to engage in the licensed business: Provided that where a license is issued author- izing a person to conduct a business at a particular place, such licensee pay u?on application therefor and paying a fee of fifty cents ($.50) have the license previously issued amended so as to authorize the conduct of such business from some other location. The City Clerk shall make a charge of fifty cents ($.50) for each duplicate license or license plate issued under the provisions of this ordinance which has been lost or destroyed. SECTION 6. DURATION OF LICENSES. (a) For the purpose of this Ordinance a part of a day shall be deemed a day; more than fifteen days and less than one month shall be deemed a month; and more than one month and less than two months shall be deemed two-thirds of a quarter; and more than two months and less than three months shall be deemed a quarter. (b) Wherll a license fee in this Ordinance is fixed at a monthly rate, the same shall apply to the calendar month or fraction thereof, unless otherwse herein provided. (c) Where a quarterly license is provided for herein, the same shal1~pply to the portion of a year as follows: First quarter: January 1st to March 31st inclusive;: Second quarter: April 1st to June 30th inclusive;: Third quarter: July 1st to September 30th inclusive;; Fourth quarter: October 1st to December 31st inclusive. (d) Where a yearly or annual license is provided for herein, the same shall apply to the fiscal year of January 1st to the following December 31st. (e) Wher~l a daily license is provided for herein, the same shall be due and payable to the City each day in advance. -4- aA//7~7 - - (f) Except where it is provided herein that quarterly licenses shall be paid for each quarter or fraction there- of, any application made for quarterly licenses during the first month of any quarter shall be accompanied by the license fee for the whole quarter; any application made for such license during the second month of the quarter shall be ac- companied by two-thirds of the license fee for such quarter; any application made for such license during the third month of the quarter shall be accompanied by one-third of the license for such quarter and the whole license fee for the succeeding quarter. (g) Except where it is provided herein that a yearly or annual license f'ge shall be paid for each year or fraction thereof, any application for a yearly or annual license shall be ac- companied by such proportion of the yearly or annual license fee as th'3 remaining months of the fiscal year (including the calendar month in which the application is made) bear to twelve. (h) In any trade or profession where a State license is required, a current State license shall first be exhibited to the City Clerk before a City license will be issued. SECTION 7.. SEPARATE LICENSES. A separate license must be obtained for each branch establishment or location of the business: engaged in, and each license shall authorize the licensee to engage only in the business licensed therefor at the location and in the manner designal;ed in such licenses;' provided, that where a person is -engaged in the business of selling new automobiles and has procured a license therefor under the provisions of this Ordinance, a lot maintained by Eluch person within two hundrl1d (200) feet of his' licensed place of business, where used cars owned by the licensee are displayed for sale, shall not be deemed to be a separate place -5- . o~ -r/ 7.;),? - - of business or branch establishment. AMENOED QllD. Ilo. Cf11 license under this Ordinance SECTION 8.. EXHIBITING OF LICENSES. Every person having a and carrying on a business or pursuit at a fixed plaee of business shall keep such license posted in a conspicuous place in such place of business so as to be easily seen; and every person having a license but not carrying on a business or pursuit at a fixed place of business, shall exhibit such license whenever requeBted to do so by any police officer, or by any officer authorized to issue, inspect or collect licenses. Every person operating any wheeled vehicle for which a license is required shall procure from the City Clerk, in addition to such license certificate, a license plate upon which the City Clerk shall impress a serial number to be designated by him and said license plate shall at all times be located in a conspicuous place on said vehicle to which the same has been issued, in such a manner that said license plate shall be plainly visible. The City Clerk shall make a charge of fifty cents ($..50) for each license plate issued under the pro- visions of thiB section, which shall be ~Lpaid by the licensee before the issuance thereof. It shall be unlawful for any person to place or keep any such license plate after the expiration of the term for which the license is granted, and it shall be unlawful for any perso~ except the licensee, or his authorized agent, or any police officer of the City, to take or remove any such license plate from such vehicle to which the same has been assigned or attached. AMENOED ORD. No. '1 11 SECTION 9.. ENFORCEMENT. It shall be the duty of the City Clerk, and he is hereby directed to enforce each and all of the provisions of this ordinance, and the Chief of Police shall render such assistance in the enforcement hereof as may from time to time be required by the City Clerk and/or the City Council. The City Clerk in the exercise of the duties imposed upon him hereunder, and acting through his deputies or duly authorized assistants, shall examine or cause to be examined all places of business in the City to ascertain whether the -6- OAC"/73;; - provisions of this ordinance have been fully complied with. The City Clerk and each and all of his assistants and any police officer shall have the power and authority to enter, free of charge, and at any reasonable time, any place of business required to be licensed herein, and demand the exhibit of its license certificate. Any person having such license certificate theretofore issued in his possession or under his control, who wilfully fails to exhibit the same on demand shall be guilty of a misdemeanor and subject to the penalties provided for the provisions of this ordinance. It shall be the duty of the City Clerk and each of his assistants as aforesaid to cause a complaint to be filed against an:r and all persons found to be violating any of said provisions. SECTION 10. BOTH CRIMINAL AND CIVIL ACTION AUTHORIZED FOR FAILURE TO PAY LICENSE FEE. The conviction and punishment of any person for engaging in business vii thout a license shall not excuse or exempt such person from the payment of any license due or unpaid at the time of such conviction, and nothing herein shall prevent a criminal prosecution for any violation of the provisions of this ordinance. '~DED SECTION 11. PENALTIES FOR FAILURE TO PAY F~E WHEN DUE. The City ORD. No. '171 Clerk shall add a penalty of 10% for failure to pay an annual, semi- annual or quarterly license fee when due on the tenth day of each montl; . I\\~ci'\\)ctl 0\\0.1'\0. 11-1 after the due date thereof; and for failure to pay a monthly, weekly or daily license fee when due, the City Clerk shall.add a penalty of 10% of said license fee on the day following the due date thereof. i.l ") . (I, I ~ 1"1) . "',~./, . I.:' ~ ij / The City Clerk shall deliver to the Chief of Police notices of all delinquent licenses and it shall be the duty of the Chief of Police to collect each delinquent license with penalties as herein provided. AMENDED ORD. No. '111 SECTION 12. CHARITY SOLICITATION. It shall be unlawful for any person to solicit, collect or receive money or property, or to solicit the sale of or to sell any article or thing or ticket of any kind where it is represented that the proceeds of such solicitation and/or sale or any part thereof, are torbe used for purposes of charity, relief'or benefit without first obtaining and being the holder of a valid license so to do for each drive or campaign for funds or property. -7- a/l..cl 7.;J? - - Such license shall be known as a "Charity Solicitation License" and shall be obtained through the City Clerk. The fee for such license shall be, and the same is hereby fixed in the sum of Three Dollars ($3.00), un- less waived by the City Council. The foregoing license shall be re- quired only of the person in charge of solicitations, but it shall be unlawful for any person to solicit as agent, or servant or represen- tative of an unlicensed person required under the provisions of this, Ordinance to have such a solicitation license. Before any such license shall be issued, and as a condition to the issuance thereof, the person applying therefor shall file with the City Clerk a sworn statement and publish a copy thereof at least once in a newspaper in the City of Arcadia, in a space not less than two inches by four inches in size, and in type not less than eight point news style in size. Said statement shall contain the name of the per- son or organization, or a brief description of the class of persons for whose benefit solicitation is to be made, together with the address and telephone nwnber of such person or organization (and if an organ- '.'~" ization, the names and addresses of its officers);. the name of the person or persons who are to solicit; the total amount to be raised;; the estimated total amount to be expended as compensation or reward for such solicitation, or the percentage of the total amount intended to be raised or realized in the drive or campaign such estimated total of expenditures represents; and the purpose for which the money or property derived from such solicitation is to be used, which statement shall be verified by the affidavit of the person, or chief officer of the organization, for whom solicitation is to be made, or if solicitation be for an unorganized class of persons, verification shall be made by the person in charge of such solicitation. This provision may be waived by the City Council upon good cause therefor being shown. Before issuJ.ng a "Charity Solicitation License," the City Clerk may make inquiry of the applicant, or any other person concerning the plan of solicitation, the disposition of the proceeds thereof, and the matters set forth in the sworn statement herein required, and if upon -8- cktf-L 7;)>/ - - such inquiry and/or from said statement he has reason to believe that the method of solicitation and/or the disposition of the proceeds is or will be unfair, unjust, or inequitable, he shall refuse the license. Any "Charity Solicitation License" may be revoked or suspended by the City Council for any fraud or misrepresentation committed by the licensee or his s~ents in and about solicitation, and if in the judg- ment of the Council, any act committed or practice pursued in soliciting or tbe disposition of the proceeds, is unjust, unfair, or inequitable. SECTION 13. FOOD STUFFS RAISED BY APPLICANT IN CITY: Every pedd- ler, solicitor or other person claiming to be entitled to exemption from the payment of any license provided for in this Ordinance upon ."rl\ " .r\'~\JC' ,,\"'~ ~o \JR.\). . ,\1.\'<:\ the ground that he is the vendor of fruits, vegetables or any other food stuffs raised by him in the City of Arcadia, shall file with the City Clerk a verified statement containing his address, the kind of goods to be sold, the method of solicitation, sale, and delivery, the location of any warehouse in said City, and any other facts necessary AMrnOtD ORD. No.'n'tto establish such. claim of exemption. a&tl; ~ i'~-R SECTION 14. INTERSTATE COIIIr.iERCE: Every peddler, solicitor or other person.~laiming to be entitled to exemption from the payment of any license provided for in this ordinance upon the ground that such license casts a burden upon his right to engage ih commerce with foreien nations or among the several states, or conflicts with the regulations of the United States Congress respecting interstate commerce, shall file a verified statement with the City Clerk, disclosing the inter- state or other character of his business entitling such exemption. Such statement shall contain the name and location of the company or firm for which the orders are to be solicited or secured, the name of the nearest local or state manager, if any, and his address, the kind of goods, wares or merchandise to be delivered, the place from which the same are to be shipped or forwarded, the method of solicitation or taking orders, tJ::.e location of any warehouse, factory or plant wi thin the State of California, the method of delivery, the name and location of the residence of the ap~licant and any other facts necessary to -9- alf/7J;) - - establish such claim of exemption. A copy of the order blank, contract form or other papers used by such person in taking orders shall be attached to the a.ffidavit for the information of the City Clerk. S~CTION 15. PERIODICALS AND PUBLICATIONS, etc: Every peddler, solicitor or other persons claiming to be entitled to any exemption from any license provided for in this ordinance on the ground that he is peddling or soliciting for the sale of newspapers, periodicals or other grounds not herein specifically mentioned, shall file a verified statement with the City Clerk containing the information required by Section 14 hereof, and any other facts necessary to establish suCh claim of exemption. AMENDEJ} SECTION 16. ISSUANCE OF FREE PI:RMIT: All applications for free ORD. No. Cf71 licenses and permits shall be referred to the City Clerk, and he shall have the power in the first instance to determine the merits of such applications, and to approve or reject same. If he finds that said ap- plication should be approved he shall issue to said applicant a free permit or license. If he shall reject the said license, the said ap- plicant shall have the right of appeal, to the City Council. A separ- ate permit shall be required for each person intending to exercise any right hereunder. A charge of fifty (*.50) cents shall be made for each free permit issued, which shall be used to defray the expenses of issuing same. ~MENDED SECTION 17. DISABLED VETERANS: Disabled war veterans shall be ORD. No. 171 entitled to receive free licenses for peddling or canvassing, provided that said persons first exhibit to the City Clerk evidence of such character as shall satisfy said Clerk that the veteran applying there- for has received an honorable discharge from the United States naval or land forces, thlil.t he is physically unable to obtain a livelihood by manual labor and that he is a qualified elector of the State of Calif- ornia. Applicants for free license under this section shall be required to comply with all other provisions of this ordinance pertaining to the licensing of peddlers or canvassers. SECTION 18. PEDDLERS AND SOLICITORS; Any person who applies for a license as a peddler, canvasser or itinerant vendor shall be required -10- ad 7;)? ... to file a wri ttEl!1 application with the Chief of Police over his or her signature, em forms ,provided by the 'City, for a permit before a license may be j,ssued. Such application shall state: (1) The n€@e and residence address of the applicant. (a) The m@e and address of any person employing the applicant, if any. (3) The le,ngth of service of such applicant with such employer. (4) The place of residence and nature of employment of the ap- plicant during €L period of at least the year just preceding. (5) The nature of the goods or service to be offered by the applicant. (6) A personal description of the applicant. The applicant shall also be required to furnish evidence of his' ~ ~(~lo.-" identity of such character as the ChiJf of Police may require and may also be requireQ to submit to fingerprinting and photographing. W. ~J .......[ '-. If the Chie~f of Police shall determine, after a reasonable inves- tigation, that t.he applicant is of good moral character and that he ,~" I,' , ;-..-~;1...,_ ,'~ ('-('.j, .~(' "'~''''.' he sha,ll grs:Qt tile. j3eI'llt:i:-t- proposes to enge.ge in a lawful enterprise, p.jc, and so report to the City Clerk, who sha,ll . thereupon issue a license. In the event of any refusal on the part of the Chief of Police to issue the required permit, the applicant may appeal to the Council for a review of such matter. After a hearing thereon the Council may grant or refuse the permit, as in its judgment shall seem fit and proper. SECTION 19. RbVOCATION AND SUSPENSION OF PERMIT. Any permit granted pursuant. to the provisions of this Ordinance may be, by the City Council, rE,voked or suspended, as in its discretion may seem just and meet, for any reason for which a granting of such permit might be lawfully denied, or for any other reason hereinafter in this Ordinance specifically provided. Such revocation or suspension shall be made only upon the hearing granted to the holder of the permit so revoked or suspended, held before the City Council after five (5) -11- ad ~;y;? ....- - days notice to such permit holder, stating the grounds of complaint against nim and stating the time and place where such hearing will be held. In the ever.t of such r evocation or suspension any license or other certificate issued in connection with the granting of such permit shall, by the holder thereof, be forthwith surrendered to the City Clerk. Such hearing may, by the Council, be continued over from time to time, and its findings shall be final and conclusive on the matter. Such revocation or suspension of any permit shall ~e in addition to other penalties more specifically provided in this Ordinance. SECTION 20. REFUNDS. Refunds of license fees lawfully collected by the City under this ordinance shall not be made except that in the case of written claims for refunds in excess of ~12.00 the City Council shall have the discretionary power to refund not to exceed 75~ of the unused portion of the fee paid. Said discretionary power shall only be exercised in the interest of justice and to prevent hardship. SECTION 21. ZONING 'IOLATIONS. The payment of a license fee re- quired by the provisions of this Ordinance and its acceptance by the City and the issuance of the license to any person shall not entitle the holder thereof to carryon any business in or on any building or premises designated in SUCll license in the event that such building or premises are situated in a zone or locality in which the conduct of such business is in violation of any law or Ordinance. SECTION 22. UNEXPIRED LICENSES HERETOF'ORE ISSUED. Where a license for revenue purposes has been issued to any business by the City of Arcadia and the tllX paid therefor under the provisions of any ordinance heretofore enacted and the term of such license has not expired, then the license tax prescribed for said business by this ordinance shall not be payable until the expiration of the term of such unexpired license. S~CTION 23. LIChNSE R~T~S. Except for those businesses licensed by any ordinances of the City of Arcadia not herein specifically re- pealed, the several rates of license fees for the pursuit of bus inesses, ,. '.' j~.f.~ , \\~. \\:~~q trades and occupations hereinafter set forth, and to be paid by the owners or agents thereof, be and the same are hereby fixed and established, for and within the City of Arcadia, as follows: -12- ad7~ L. ADV~RTISING: Every person maintaining a billboard or bulletin board or conducting or managing the business of advertising by means of billboards shall Fay a license for the privilege of so doing as follows: $12.50 per quarter. 2. ADVERTISING - DISTRIBUTING: For every person who distributes posters, dodgers, or printed advertisements, the sum of fifty dollars ($50.00) per day. This section shall not apply to the proprietors of businesses in the City of Arcadia when advertising such businesses. 3. ADVERTISING - SOLICITATION: For every person enBaged in solicit- ing advertising where no regularly established place of business is main- tained in the Cit~r of Arcadia, the sum of (;;50.00 per annum or fraction thereof, and for every such person who has a regularly established place of business in the City of Arcadia, the sum of $12.00 per annum. 4. ADVE3TIS:~HG VEHICLE. For every person operating an advertising vehicle, $25.00 p"r day per vehicle. 5. AMUS~IIiliWrS. (See Game Machines) 6. APARTMEN~r HOUSES, etc. For every person engaged in the business or occupation of conducting a lodging house, ~artment house or letting furnished rooms (where there are five or more such furnished rooms used for such purpose, the sum of $12.00 per annum. 7. ART and CURIO STORES: For every art and curio store, $12.00 per annum. 8. AUCTIONEERS: For every auctioneer, ~25.00 per day. Provided, no license shall be required for the selling of goods at public sale belonging to the United States of America or to the State of California, or for the sale of property by virtue of any process issued by any State or Federal Court, or for the bona fide sale of household goods at the domicile of t he owner thereof, or for the sale of any property of an estate by the legally appointed administrator, executor or guardian thereof. 9. AUTO PAINTING: For every person conducting or carryinB on the business of painting automobiles or trucks, ~12.00 per annum. 10. AUTO WASH-RACK: For every automobile wash-rack or place of business, ~12.00 per annum, unless operated in conjunction with any -13- aL'/73? - - other automobile business. 11. BANKRUp'r, ASSIGNED OR DAMAGED GOODS: It shall be unlawful for any person to advertise or conduct any sale of goods, wares or merchan- dise, at retail, that is represented as a Bankrupt, Insolvent, Assignee, Adjusters, Trustees, Executors, Administrators, Receivers, \Yholesalers, JObbers, Manufacturers, Closing Out, Liquidation, Closing Stock, Fire o~ Water Damage sale, or any other sale which is by representation or advertisement intended to lead the public to believe that the person conducting such sale is selling out or closing out the goods, wares or merchandise of any business for less than the current or going retail p~ice thereof in the City of Arcadia, without first filing with the City Clerk the inventory hereinafter provided for and obtaining from him a license so to do, to be known as a "Closing Out Sale License." The fee for such license shall be, and the same is hereby fixed as follows: For a period not to exceed thirty (30) dews, $25.00; for a period not exceeding sixty (60) days $50.00; for a periOd not exceeding ninety (90) days, $75.00; provided that only one such license shall be issued to anyone person within a twelve (12) month period, and no such license shall be issued for less than thirty (30) days nor more than ninety (90) days. The provisions of this section shall not apply to a bonafide closing out sale of merchandise by a person TIho has conducted said business for a period of one year immediately preceding such sale. The inventory required by the preceding section shall contain a complete and accu.rate list of the stock of goods, wares and merchandise to be sold at such sale for Which a license is hereby required, together with the wholesale price thereof, which inventory or list shall be signed by the person seeking the license or by a resident agent thereunto authorized and by affidavit at ,the foot thereof he or such agent shalli. SWear or affirm t.hat the information therein given is full and true and known by him or such agent to be so. It shall be unlawful to sell, offer or expose for sale at any such sale, or to list on such inventory, any goods, wares or merchandise -14- Od'73'l which are not the regular stock of the store or other place, the business of which is to be closed out by such sale, or to make any replenishments or additions to such stock for t he purposes of such sale, or during the time thereof, or to fail, neglec t. or refuse to keep accurate records of the articles or things sold, from which records the City Clerk may ascer- tain the kind and quantity of goods sold. 12. BARBER SHOP: For every barber-shop, for the first chair, ~12.00 per annum, and $2.00 per annum for each additional chair. For every manicurist, or person shining or polishing shoes, employed in connection with or operating in any barber shop there shall be paid an additional license of $2.00 per annum for each person so employed. 13. BEAUTY FARLOR: For every beauty parlor, ~12.00 per annum for the first operator and 02.00 per annum for each additional operator employed therein. 14. BLACKSMITHS: For every blacksmith, $12.00 per annum. 15. BOOTBLACK: For every bootblacking or shoe shining parlor or stand, $12.00 per annum. 16. BOWLING ALL~YS: etc.: For every place where billiards or pool are played, or bowling or ten-pin alleys, skee-ball or other similar device; for each table or alley or device, ~4.00 per annum. 17. BROKERS, REAL-ESTATE: For every person engaged in business as a real estate broker, the sum of $12.00 per annum, plus the sum of ~3.00 per annum for each salesman over three in number including ,the broker proprietor. 18. BROKER, STOCK: For every person engaged in selling stocks, bonds or other securities the sum of ~12.00 per annum, plus the sum of $2.00 per annum for each salesman employed. 19. BW{GALOW COURTS and MOTOR COURTS: For every person engaged in the business or occupation of conducting a bungalow court, iliotor Court or Auto Camp, the sum of $12.00 per annum. 20. C.iJ.RlIIV':"L: For every circus, vlild-west show, carnival or other exhibition or entertainment at which feats of horsemanship, acrobatic feats, mechanical amusement devices are exhibited or displayed or other -15- /? / '7r:;;. .'') UVt<.O .. -:U./ - - similar show or exhibitions, the sum of ~1>75.00 for the first day and the sum of $10.00 for each additional day. Provided, however, that no person shall con6uct or carryon such business within said City without first having obta,ined a special perrni t therefor from the City Council. Said special permit shall be issued by the city Council upon written application filed with said Council setting forth: (1) The name of the person engaged in the business of manag- ing, carrying on or directing said show; (2) The place where such show is to be exhibited; (3) The type or manner of such exhibition; (4) The time, date and number of performances to be exhibited. Upon receipt. of the application, the Council shall investigate the business of the applicant, the appropriateness of the location at which said applicant proposes to engage in business as specified in the ap- lication, and the type of carnival proposed to be produced. Thereupon the Council may approve the application and authorize the issuance of a license thereon or the Council may deny any application if, in its judgment, the granting of the requested permit would be contrary to the public interest or would result in appreciable discomfort or serious inconvenience to persons residing in the vicinity or if the proposed location is an ir.,appropriate one. 21. CIRCUS: For each exhibition for pay of a circus, $50.00. 22. COLLECTION AGBNCY: For every collection agency $12.00 per annum. 23. CONTRACTORS: For every contractor ~~ _..~ ___-l-_n -hE the sum '~ll f'~ of (;;l~:OU per anr.um. 24. DANCE-HALL (Public): For every person conducting, managing or carrying on any public dance-hall, dm ce floor or ballroom, open to the public, (124.00 per annum. 25. DAITCING SCHOOL: For every person conducting, managing or carrying on any dancing school, or academy, 012.00 per annum. 26. DOG KENNELS: For every person conducting a dog kennel or a place where dogs are cared for or bred, the sum of $12.00 per annum. More than three dogs maintained at anyone location shall constitute a -16- Ud -75:':/. - - kem1el. 27. ELECTRICAL FIXTURES AND SUPPLIES: For every electrical con- tractor, the sum of $50.00 per annum. ,.,..- . 28. ~MPLOY~~NT AGENCY OR BUREAU: For every employment agency or bureau, the sum of (~12.00 per annum. 29. EXHIBI'rIONS: For each exhibition for pay of any rare or unusual animal or thing, the sum of $5.00 per day. 30. FlJr.iIGA'rING AND SPRAYING: For every person engaged in the business of fumigating, spraying or dusting fruit trees, plants, vines or orchards, 012.00 per year or fraction thereof. 31. GAfiili ~~CHINES: For every person carrying on the business of renting, leasing or maintaining any game machine or device, juke boxes, devices for the playing of records or music automatically upon the deposit of a coin slug or other device, pin ball machines or any other instrument or machine of like character, not otherwise licensed here- under, or any such similar machine or device, not prohibited by law, where any sum is charged by means of a coin, slot or otherwise, $3.00 per quarter or fl'action thereof for each such machine. Each application for such a licen:le shall describe the type of machine, the serial number if any, the name of the manufacturer and the location where each machine is to be operated. Each machine shall also bear the name of the licensee in plain view in letters of not less than one-fourth inch in height. Each and every machine described herein and operated in the City of Arcadia and not licensed or not comply,ing with other regulations of this Ordinance may be sealed against further operation and held by the City of Arcadia, a t the owner I s risk, until all license fees, .' storage charges a,nd other accumulated costs are paid. 32. GA1ffiS (Arcade): For every person carrying on the business of operating an arcade l"lherein the sole business is the operation of game machines, vending machines or similar machines or devices, not prohibited by law, which said business is not merely an adjunct of some other prin- cipal business, the license shall be ~200.00 for the period of 12 months or any part thereof, provided however, that such license shall be good for the period of 12 months after issued, but that the same shall not be transferable nor shall any return or refuna be made. . j~ "~, ,~ -17- ace. ~ rff'/ j 33. GASOLIKE DELIVERY TANKS: For every person conducting, managing, or carrying on the business of delivering or selling benzine, distillate, kerosene, gasoline, or any or all other petroleum products by means of tank wagons, tank trucks or other vehicles in the City of Arcadia, ~3.00 per quarter for e.ach such tank wagon, tank truck or other vehicle. 34. HORSESEOEING: For every person engaged in the business of shoeing horses, $12.00 per year. 35. HOTELS AND ROOMING HOUSES: Hotels and rooming houses over three rooms and not more than ten rooms, the sum of $3.00 per quarterr over ten rooms aLd not over twenty-five rooms, the sum of $5.00 per quarter; over twenty-five rooms and up to fifty rooms, the sum of ~7.00 per quarter; over fifty rooms the sum of 010.00 per quarter. 36. HOSPITAL: For ever,' hospital, nurs ing home or ma terni ty home maintaining more than three beds but not over ten beds the sum of $4.00 per quarter;: and over ten beds but not over 25 beds $6.00 per quarter. 37. HOUSE If.OVER: For every person engaged in t he business of moving houses, tee sum of Q24.00 per year or fraction thereof. 38. JffilK DEALER: For every person conducting, carrying on or maintaining the business of dealing in junk or collecting junk, $24.00 per year or fraction thereof. 39. LAUNDRY: For every laundry where more than three people are engaged in such laundry work, $6.00 per quarter, and $2.00 additional per quarter per wagon or vehicle in excess of one wagon or vehicle. For every self-service or automatic laundry or launderette, $6.00 per annum plus 50~ for each washing-machine upon the premises of such laundry or launderette. 40. LAUNDRY COLLECTIONS: For every business operating any wagon or vehicle of any kind, nature or description gathering, securing or accumulating soiled articles of clothing, bedding or any other article or articles in this City, for the purpose of carrying, hauling or trans- porting the same to any laundry located outside of the City of Arcadia, the sum of ~15.00 per annum or fraction thereof, and an additional ~~5.00 -18- o/(.('} ~S(/ per annum or fraction thereof for each additional wagon or vehicle in excess of one so engaged. 41. LUMBER YARD: For every lumber yard, $12.00 per annum, and $2.00 additional per truck per annum in excess of one. 42~ MANUFAC'rURING PLANT: For every person conducting or carrying on t he business O.r a manufacturing plant, the sum of $12.00 per annum, plus $2.00 for eal~h partner exceeding one partner and $2.00 for each employee of said person actually employed in said business with in the City of Arcadia, provided, however, that in no event shall the maximum annual license tax exceed the sum of $200.00. 43. MEDICINE SHOW: For every person carrying on the business of a medicine show, $100.00 per year or fraction thereof. For the purpose of this Ordinance a "medicine show" shall mean and include the using of any music, lectur<3, entertailli~ent, operation of other like scheme or plan to attract an audience or crowd, and the selling or giving away to any person in such audience or crowd, any drug or medicine, or pretended medicant, or any 8urgical or medical appliances or instrument. 44. MERCHANDISE VENDING MACHINES: (See Vending Machines) ~~t.\\';)t.~ 110 45. MERRY-'-GO-ROUND: Any person conducting or operating any flying Xl \\0, Q'f.' horses, merry-go-rounds, ferris wheels, or other riding devices, when AMEII'DEn ORD. No. said flying horseB, merry-go-rounds, ferris wheels, or other riding 7'10 devices are not shown with any other show, game, attraction or carnival, as mentioned herein, shall pay a license of $10.00 per day. 46. MOTION PICTURES: For every person taking motion pictures for profit, $25.00 pel' day, or portion of such day. \"47. ~ffi~;-:--For' every' newsp.aPer pub.lished in. Arcadia, :;$12 ;€l0 per annum. '/'; 48. NEWS STAND: For every news stand or agency, $12.00 per annum. . . ':: 49. NURSERIES: ORNAMENTAL SHRUBBERY, FLOWERS, NURSERY STOCK: For every dealer or person carrying on the business of selling ornamental shrubbery, flowers or nursery stock, employing not more than one sales: person in such business, the sum of :$12.00 per annum and for each ad- ditional sales pel'son employed, $2.00 additional per sales person per annum. -19- Od '7,J>? - - 50. PAwNBROKER: For every pawnbroker, $50.00 per annum. 5~. PEDDLERS: For every peddler not otherwise provided for, ~12.00 per annum. 52. PEDDLERS: DRUGS fu~D 1ffiDICINES: For every person peddling any drug or medicine or going from place to place or from house to house'in the City of Arcadi.a, and selling, distributing, or giving away any drug or medicine, or ar~ sample or samples of any drug or medicine, $50.00 per annum or fraction thereof. 53. PEDDLERS: EXCEPTIONS: No license fee shall be required of any person who may be engaged solely in peddling articles made or agri- cultural products grown or animals or fowls raised in the City of Arcadia, by such person provided however that such person shall apply for a free permit as herein provided. 54. PEDDLING AnD SOLICITING CERTAIN TYPES OF SALES: ~~ ~~( 1. (a) Every person selling, offering for sale, or solicit- ~<::} ~~' / 'f<:;:,~' ing for the sale of, by means of peddlers, any sheet, dodger, handbill, circular, letter, booklet, or any other printed, typewritten, mimeo- graphed or ;~itten matter of any kind, pertaining to any horse race, choice of a horse or horses, recommending any horse or horses, or giv- ing or conveying any information about any horse, horse race or contest of endurance or s.peed between horses or beasts, and whether at a fixed place of business within said city or otherwise, shall pay a license fee of Six Hundred (';;600.00) Dollars per ninety day period;; provided however, that the provisions of this subdivision (1) of this Section shall not prohibit, or require a license, or the payment of a fee, for the sale, dist~ibution or delivery of newspapers of general circulation, as defined by Section 44EO and 4462 of the Political Code of the State of California, nor shall said provisions apply within any racinE en- closure duly licensed by the State of California, to conduct horse racing under and in accordance with the laws of said state relating to such matters; nor to sales of such materials or items made by a merchant duly licensed by the City of Arcadia, provided such Eales are made only inside a buildinS in which his licensed business is conducted. (b) That any person licensed under the provisions of thi$ -20- OAe! 7.;t;) - - Scction (1) shall be entitled to sell, solicit for the sale of, or offer for sale said materials through not more than six (6) persons during any day; provided however, that no person shall be entitled to act for and on behalf of such licensee until such licensee has filed with the Chief of Police of the City of Arcadia, the name, address and photograph of the person so authorized to act. (c) No person shall, in the selling, soliciting for sale, or offering for sale of said materials, interfere with or cause inter- ference with the normal flow of traffic upon the public streets of Arcadia. For the purpose of preventing congestion in traffic upon the public streets of the City of Arcadia, the location occupied by any person in the conduct of such business shall be subject to the approval of the Chief of Police of the City of Arcadia. (d) No person shall sell, solicit for sale or offer for sale any of said naterial or materials upon any day unless a true copy of such material or materials has been filed in the office of the Chief of Police of said City, at or before 11:00 O'clock, A.M. of said day. 2. Upon writ;ten application filed with the City Clerk request- ing such extension (accompanied by the required extension fee) the City Council of said city may in its discretion grant an extension of the ninety day period11 referred to herein for either: (a) An additional thirty day period immediately following said ninety day period; or (b) An additional sixty day period immediately following said ninety day period;; provided that if said Council grants such thirty day extension an additionallpermit fee in the sum of Two Hundred ($200.00) Dollars must be paid by permittee for such thirty day extension;; and !f said Council grants such sixty day extension an additional permit fee in the amount of Four Hundred (()400.00) Dollars must be paid by permittee for such sixty day extension. No extension shall be valid unless and until ~lUch additional fee is paid. 3. Every person, not having a fixed place of business in the City, who travels from place to place, or house to house, and makes, demonstrations of, or solicits, takes orders or canvasses for the sale -21- /b.d7a.J;/ ~ of, or who sells any goods, wares, merchandise, subscriptions to period- icals or magazines or things or articles of value of any nature, kind or description (not hereinabove mentioned in subdivision (1) of this Section) shall pa;/, a license fee of Ten (~10. 00) Dollars per month. 55. PHOTOGRAPHERS: For the business of conducting a photograph studio the sum of $12.00 per annum. For every person, not having a regularly established place of busine!ls in the Ci.ty of Arcadia and engaged in making photographic ex- posure!l for sale within the city of Arcadia, the sum of $50.00 per year or fraction thereof. For every film developing or printing laboratory, not connected with a licensed photograph studio or photographic supply shop the sum of ~12.00 per annt~. 56. PLUbffiERS: For every plumbing contractor, the sum of $50.00 per annum. 57. POP cOrm AND PEANUTS: For every street stand for selling pop corn and peanuts, ~3.00 per quarter, whether located on private property or doing business on the public streets under permit, if such is allowed. 58. POULTRY: HATCHERY: For every perSon conducting, managing or carrying on the business of a hatchery, using incubators for hatching chickens, poultry or other fowls for sale, or for the account of other persons, $12.00 p,er annum. 59. POULTRY INSPECTION: Every person engaged in the business of inspecting poultry to be sold to the public shall pay a license fee of ~12.00 per annum provided that the City Council, prior to the issuance of any license hereunder, may require the applicant for such license to furnish to the City Clerk such evidence as to his qualifications to en- gage in this business as the City Council may deem advisable. 60. REAL ESTATE AGENTS: (See Brokers.) 61. RESTAURANT: For every person engaging in the cafe or restaurant business or as a retailer of cooked foods or delicatessen foods, 012.00 per annum, which shall include the owner and two employees aRa ~y~~er -22- rhc'"/7J,? - -- or. me~nA~q n~ The ~LaimmAnt~A-!ami~y; for each additional employee, $2.00 per annum per employee. An employee, for the purpose of this Section, shall mean one who is on duty for at least four hours out of twenty-four hours. Licenses shall not be issued tto persons engaged in the cafe or restaurant business or for the operation of lunchrooms, cocktail bars, soft drink dispensaries or soda fountains until a permit has first been secured from the City Health Officer. 62.. SALESMAN (Itinerant): For every person engaged in the business or occupation of an itinerant salesman, $50.00 per annum or fraction there- of. The term "Iti.nerant Salesman" shall be construed to mean and include all persons, both principal and agent, who go from house to house, or to only one house, or to any other place in the City of Arcadia, soliciting, either by samples or otherwise, the sale of goods, wares or merchandise, or collection systems or material, or sales promoting systems or material, for firms Ylhich do not have an established place of business in the City of Arcadia. The provisions of this section shall not apply to commercial travelers or selling agents.. s ellin[; goods, wares or merchandise to dealers at wholesale for resale purposes, or to persons, firms, or corporations who use the purchased goods, wares or merchandise in the making of a product to be manufactured in the City of Arcadia, or to persons engaged in Inter- state Commerce. 63. SCHOOLS: For every school or college where tuition is charged, the sum of $12.00 per annum. 64. SECOND-.HAND DEALER: For every dealer in second-hand goods, wares or merchandise not otherwise specifically mentioned in this Ordinance, C24.00 per annum. 65. SI,RVICE STATIOlIS: (See Auto Repair Shop). 66. SHO\'IS: (See Theaters) 67. SIDE SHOWS: For each side show, where a separate admission is charged, (~10.00 per day, unless such side show is a part of a carnival or circus. 68. SKATING RINK OR SHOOTING GALLERY: -23- For every skating rink or O/r-c/:7 JY' - - shooting gallery, $100.00 per annum or fraction thereof. 69. SOCIAL CLUBS: Every person, firm or corporation operating or maintaining a soclal club in the City of Arcadia, in which Club charges are made to members in addition to membership fees, for games or enter- tainment, excepting the food furnished the members of said club, shall pay a license to the City of Arcadia, in the sum of \p50.00 per annum payable quarterly; that is to say, one-fourth of said amount shall be due and payable 011 the first day of January of each year, and one-fourth of said amount on the first day of April of each year, and one-fourth of said amount on the first day of July of each year, and one-fourth thereof on t he first day of October of each year; and no license shall be issued for less sum than one-fourth of said annual license. Any member of the Police Force of the City of Arcadia, or any Peace Officer of the State of California, shall, at all times, be permitted to enter the Club rooms, or grounds of said Social Clubr and if the owner, manager, Or' keeper of said Social Club shall violate any law of the United States, or this State, or any Ordinance of th~s City, or permit the same or any of them to be violated within the Club rooms, or upon the Club grounds, said license shall be revoked. 10 <ef 70. SOLICITORS: For every solicitor the sum of ~~ 'hi Q",";'d; per q1.1apter. 71. SOUVENIRS, etc.: For every person engaged in the business of selling upon the streets, flags, balloons, banners, canes, horns, trumpets, musical or noise making instruments, toys, buttons, badges, serpentine or sou~enirs of any kind, $10.00 per day. 72. SPRAYIKG: (See Fumigating and Spraying). 73. STABLES: For every person conducting the business of a feed or livery stable or of a riding academy where instructions in horseback riding are given, $12.00 per annum. 74. STABLES - SALES: For every person engaged in conducting or maintaining a stock yard, sales s table or corral where live stock is bought, sold or exchanged, the sum of ~40.00 per annum. -24- Od7~:? - - 75. TAXI: For every person operating a taxicab business, the sum of ~12.00 per cab per annum. 76. THEfCTRES AND SHOWS: (a) For every person engaged in the business of conducting a theatre or moving picture sho~ at an established place of business, the license fee shall be $50.00 per year. (b) For every person engat;ed in the business of conducting an open air theatre or tent show wherein vaudeville, comic, dramatic or operatic productions or performances are given, motion pictures shown, or exhibited, as lln independent business and not as a part of any other business or entertainment, the license fee shall be the sum of $25.00 per day. (c) For each separate exhibition of minstrels, opera or con- cert singers, the license shall be the same as required for theatrical performances. The provisions of the above subdivisions shall not apply to exhibitions or entertainments given exclusively for the benefit of churches or schools, or charitable entertainments given by any fraternal organization of this City. 77. TOBACCO: For every dealer in tobacco, in any form, the sum of ,)12.00 per annum; provided, however, that no license shall be charged for such business when the same is conducted as an integral part of another business which is licensed hereunder. 78. TRANSFEH: For every person engaged in the transfer business operating one truc:k, the sum of $12.00 per annum, and for each additional transfer wagon or truck more than one, the sum of $3.00 per annum for such wagon, vlagons, truck or trucks more than one. 79. V"NDING 1'.NJ:J \ili:IGHING i,iACHIR!';S OR DEVICES: For every person engaged in the business of renting, leasing, operating or maintaining any vending, weighing, or merchandise machine or device or any other such similar or l~ke machine or device, not otherwise licensed under the ordinance and not prohibited by law, wherein the sum of one (l~) cent or less than five (5~) cents is charged or collected for such machine or device by means of a coin slot or otherwise, ~~2.00 per year or -25-. OM'J.'73;}' -- fraction thereof for each such machine or device;. where the sum of five (5li) cents and leBs than ten (lOli) cents is charged by means of a coin or token slot or otherwise, $6.00 per year or fraction t hereof for each such machine or dllvice and when the sum of ten (lOli) cents or more is charged by means of a coin or token slot or other~ise, $12.00 per year or fraction thereof for each such machine or device. 80. WASH RACK: (see Auto Wash Racks.) 81. WATCH, CLOCK, AAD ~ITELRY: For every repairer of watches, clocks, and jewelry, where no stock of goods is carried or sold, $12.00 per annum. W.&:IGHING MACHINBS: W~~LBD VEHICLE: (a) Every person, who, in conjunction with the business in which such person is engaged, runs, drives or operates, and every person engaged in the business of rUlming, driving or operating, for hire or otherwise, any wheeled vehicle for the purpose of hauling, peddling, distributing, selling, receiving or delivering, and who actuallybauls, peddles, distributes, sells, receives or delivers within the City, for resale or otherwise, personal property of any kind, nature or description unless otherwise herein provided, shall pay a license of Twelve (~12.00) Dollars per annum for each such wheeled vehicle so run, driven or operated; provided, that the provisions of this paragraph, unless otherwise in this Ordinance provided, shall not apply to any person having a fixed place of business within the City which has been licensed under this Ordinance, and in the usual course of business, uses a wheeled vehicle or vehicles: for the delivery of personal property which has been sold from said place of business. 82. 83. (See Vending machines). (b) Every person, who, in conjunction with the business in which such person is engaged, uses, drives or operates a fleet of five or more wheeled vehicles for any of the purposes stated in subdivision (a) of this section, and no more than five wheeled vehicles are used by such person in th.e City of Arcadia in anyone day in connection with the business in \':hich such person is enGaged, shall be deemed to have complied -26- r1~rJ 7J/ - with the license requirements of subdivision (a) hereof for all such wheeled vehicles of such fleet, upon payment of a license of Sixty (~p60.00) Dollars per annum and the compliance with the provisions of Section 24 hereof as to licer.se plates for each wheeled vehicle of such fleet. The license provided for in this sub-section shall be known as a "Fleet License." 84. SELLING BAKBRY PRODUCTS, VEGETABLES OR FRUIT FROM WHEELED V~HICLE - FEE: Every person, including persons having a fixed place of business in the City, engaged in the business of selling at retail bread or other bakery products, vegetables, berries, melons or fruit, from a wheeled vehicle, over a fixed route from door to door, or otherwise upon the streets shall pay a license of Fifteen (~15.00) Dollars semi- annually for each vehicle so used. 85. S~LLING ICE FROM \i~~LED VEHICLES - FEE: Every person, in- cluding persons hs.ving a fixed place of business in the City, engaged in the business of selling ice at retail from wheeled vehicle, over a fixed route, from door to door, or otherwise upon the streets shall pay a license of T\7elve ((?12. 00) Dollars per annum for each vehicle so used. 86. SELLING ICE CREAlli, ETC. FROM ITHEELED VEHICLES - FEE. (a) OVl;R A FIXED ROUTE. Every person including persons having a fixed place of business in the City, engaged in the business of selling ice cream or ice cream mix, ice milk or ice milk mix, or sherbert or sherbert mix, or other frozen product other than ice, at retail, from a wheeled vehicle, over a fixed route, from door to door, or otherwise upon the streets, shall pay a license of Fifteen ($15.00) Dollars semi-annually. tb) TO I~CHANTS FOR RESALE. Every person, including persons having a fixed place of business in the City, engaged in the business of selling ice cream or ice cream mix, ice milk or ice milk mix, or other frozen product other than ice, to merchants for resale from a wheeled vehicle, shall pa,r a license of Twelve ($12.00) Dollars per annum for each vehicle so used. 87. WHOLESA;:..E DELIVERY TRUCKS: For every person conducting, managing or carrying on the business of delivering wholesale orders of -27- aej -;:~? - -- (~', goods, wares, or merchandise in the City of Arcadia, the sum of \:>W.uU per vehicle per year or fraction thereof. M,mmEDq7c,J SECTION 24. LICENSE HOLDER F'OR VEHICLE. Every person operating 9RD. No, I any wheeled v~hicle for which a license is required, shall procure from the City Clerk, in addition to such license certificate, a license plate, upon which the Ci~y Clerk shall impress a serial number to be designated by him and said l:lcense plate shall at all times be located in a con- spicuous place on the rear of said vehicle to ~hich the same has been issued, in such manner that the said license plate shall be plainly visible. The City Clerk shall make a charge of fifty cents ($0.50) for each license plate issued under the provisions of this Section, which shall be pa.id by the Li'~ensee before the issuance thereof. It shall be unlawful for any person to place or keep any such license plate after the expiration of the term for w~ich the license is granted, and it shall be unlawful for any ~erson except the licensee, or his authorized agent, or any police officer of the City, to take or remove any such license plate from such vehicle to which the same has been attached. SECTION 25. LICE~SE TAX. WHOLESALE: Every person engaged in the business of selling goods, wares or merchandise at wholesale, and every person engaged in the business of manufacturing, processing or fabricat- ing goods, wares or merchandise, unless otherwise in this ordinance expressely provided, shall pay an annual license tax computed as follows: ;/12.00 plus $2.00 for each partner exceeding one partner, and ;p2.00 for each employee of said person actually employed in said business within the City of Arcadia, provided, however, that in no event shall the max- im~~ annual license tax exceed the sum of $200.00. cf'1"r. ,'~ O ' \,jot, _.-:'~P'SECTION 26. LICENSE TAX. RETAIL: Every person engaged in the busi- ,..0..' ~ . ~ " o~ ness of selling to the general public at retail, goods, wares, merchandise or commodities, including restaurants and other food dispensers, unless otherwise in this ordinance express\ly provided, shall pay an annual license tax computed as follows: $12.00 plus $2.00 for each partner exceeding one partner, and ,;,2.00 for each employee of said person actually -28- 0/11"/ 7S;; - - employed in said business within the City of Arcadia, provided, however, that in no event shall the maximum annual license tax exceed the sum of $200.00. SECTION 27. LICENSE TAX. SERVICES: Every person engaged in any professional or semi-professional occupation, trade or craft, and persons' primarily engaged in selling, P'rforming or furnishing services other than commodities, including trades and crafts, and all other person& engaged in husiness, unless otherwise in this ordinance expressly provided, shalllpay an annual license tax computed as follows: $12.00 plus $2.00 for each partner exceeding one partner, and (p2.00 for each employee of said person actually employed in said business within the City of Arcadia, provided, however, that in no event shall the maximum annual license tax exceed the sum of $200.00. AMENDED ORD. No, q 1q SBCTION 28. SWORN STAThi;ili"NT. At the time of applying for a license under Sections 25, 26 and 27 hereof, if the applicant has been engaged in business in th., City of Arcadia continuously for one year or more, he shall file with the City Clerk a sworn statement showing the average number of persons employed by or associated with him in connection with said business dur:lng the year prior to the date of making such application, and said statement shall be used by the City Clerk in determining the amount of license fee to be paid for the next ensuing year. In determin- ing such average the number so associated with or employed by the ap- plicant on the la:lt business day of each calendar month shall be added together and the sum thereof divided by 12. If applicant has not previously been enBaged in business in the City of Arcadia, or has been so engaged for less than one year, he shall file with the City Clerk a sworn statement setting forth the estimated average number of persons he intends to employ in connection with the operation of said business during the ensuing year, and such estimated average number shall be used in arriving at the amount of license fee to be paid. The licensee shall also file, within ten (10) days after the expir- at ion of the year for which said license has been issued, a sworn state- ment shovlinG the average number of persons actually employed by him durinG -29- d~! 73'7 - the year determined by the method established in the first paragraph of this Section. If the average number actually employed is less than the average number for the previous year or the estimated number, the City COlillCil shall direct a refund of the overpayment, if any, of the license tax paid, and if the average number actually employed exceeds the average for the previous year or estimated number, then the licensee shall forth- with pay such additional sum as may be required to pay in full the license , tax required by the provisions of this ordinance. No such statement shall be conclusive as to the matters set forth therein, nor shall the same preclude the City of Arcadia fromc ollecting by appropriate action such sum as is actually due and payable hereunder. Each such statement shall be subject to audit and verification by the City Clerk, who is hereby authorized to cause an examination of such books and records of any licensee or applicant liS may be necessary to verify or ascertain the amount of license tax due, and all licensees and applicants for licenses are hereby required to permit an examination of such books and records for the sole purpose of securing data as to the correct n\unber of employees or associates, but for no other purpose. If any person fails to file any required statement within the prescribed time, the City Clerk may determine the amount of license tax due from and payable by such person, by means of such information as he may be able to obtain. The City Clerk shall give notice oftthe amount assessed by serving it personally or by depositing it in the United States Post Office at Arcadia, California, postage prepaid, addressed to the person so assessed at his last known address. Such person may within 10 days after the mailing or serving of such notice make application in writing to the City Clerk for a hearing on the amount of the license tax. If such application is not made within the time prescribed, the assessment shall become final, and if such application is made within the time prescribed, the City Clerk shall cause the matter to be set for hearing before the City Council. The City Council shall consider all evidence produced, and the amount of the license tax so determined by the City Council shall be the amount due and payable for such license. -30- o/vcl 7.~;7 - - ShCTION 29. COllilCIL APPROVAL: No license shall be issued by the City Clerk for an;T of the businesses set forth in Section 23, Paragraphs 4, 16, 20, 21, 29" 32, 43, 45, 67 and 69 of this ordinance, or other place of amusement, exhibition or entertainment for which a license is required under this ordinance, without the approval of, and a permit from the City Council. The Cit:r Council shall have the riGht to grant or refuse any such permit in its discretion and if such permit be granted may impose such terms, conditions and restrictions upon the operation, manage~ent and conduct of said businesses, not in conflict with any paramount law, as said Council may deem necessary or expedient for the protection of the health, safety and welfare of said City and its inhabitants. Sf!:CTION 30. SEVhRaoILITY: 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 co~petent jurisdiction, sucn decision shall not affect the validity of the remain- ing portions of this ordinance. The City Council of the City hereby declares that it would have adopted this ordinance and each section, sub- section, sentence, clause, phrase or portion thereof, irrespective of the fact that anyone or more sections, subsections, clauses, phrases, or portions be declat'ed invalid or unconstitutional. SECTION 31. REPEALS: Ordinance No. 497, a dopted November 17, 1942, entitled "An Ordinance of the City Council of the City of Arcadia, pro- viding for licensing and regulating the carrying on of certain businesses, professions, trades, callings and occupations \"li thin said City of Arcadia and repealing Ordinances Nos. 232, 245, 268, 403 and 429", and all ord- inances amendatory thereof are hereby specifically repealed as of December 31, 1948, at midnight, at which time this ordinance shall take full force and effect, provided, however, that any such repeal shall not affect or prevent the prosecution and punishment of any person, firm or corporation for any act done or committed prior to the effective date hereof in violation of any ordinance which is repealed hereby. SECTION 32. PENALTY FOR VIOLATION: Any person violating any of the provisions of this ordinance or knowingly or intentionally misrepresenting -31- 0/1--0/73'7 to any authorized officer of this City any material fact in procuring the license or pe~mit herein provided for, shall be deemed guilty of a mis- demeanor, and upon conviction thereof shall be punishable by a fine of not more than $500.00 or by imprisonment in the City jailor County jail of Los Angeles County for a period of not more than six months, or by both such fine and imprisonment. SECTION 03. The City Clerk shall certify to the adoption of this' Ordinance and prior to the expiration of fifteen (15) days from the passage thereof, shall cause the same to be published once in the Arcadia Tribune and Arcadia News, a newspaper of general circulation, published and circulated in the City of Arcadia, and thirty (30) days from and afte~ the final passage thereof said Ordinance shall take effect and be in force. I HEREBY CER'rIFY that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Arcadia, held on the (~~day of ~~; 1948, by the affirmative vote of at least three Councilmen, to-uit: 4-YES: Councilmen, Boucher, Klomp, Libby, Nugent and RU8sell NOES: None ABSENT: lfone a Ibl; /f~/ SIGNED and Al'FROVED this ~ day of Dll8smeer, 1948. yg: ~ -~ Mayor of the City of Arcadia / ATTEST: C ~. -32- a- /('J 7:]?