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HomeMy WebLinkAbout0979 ORDINANCE NO. 979 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA; CALIFORNIA; AMENDING SECTIONS,4, 5, 6~ 8,,9, ll, l2, l6, l7, 24 AND 28 OF ORDINANCE NO. 737 OF SAID CITY AND ADDING THERETO A NEW SECTION, NO. l3-A. ' THE CITY COUNCIL OF THE CITY 6:F ARCADIA; CALIFORNIA; DOES ORDAIN AS FOLLOWS: SECTION l. That Sections 4, 5, 6, 8, 9, ll, l2, l6, 17, 24 and 28 of Ordinance No. 737 entitled "AN ORDINANCE OF THE CITY . . . . . . COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA; LICENSING THE TRANSAC- " , TION AND CARRYING ON OF CERTAIN BUSINESSES; TRADES; PRtJ'ESSIONS; CALLINGS AND OCCUPATIONS IN THE CITY OF ARCADIA; FOR' THE PURPOSE OF RAISING MUNICIPAL REVENUES; AND'PROVIDINGA PENALTY FOR THE VIO- . , . LATION THEREOF AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES' IN CONFLICT HEREWITH", adopted November l6, 1948, and as the same may thereafter have been amended, are hereby further amended, the same to read respectively as follows: SECTION 4. LICENSE tFFICER TO ISSUE LICENSES. It shall be the duty of'the Business License Officer, hereafter referred to simply as License Officer, to prepare and issue a license certifi- cate under this Ordinance upon payment' of the required fee, and, upon compliance with all of the provisi~~s of this Ordinance, to every person liable to pay a license fee hereunder, and to state in such license certificate 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 License Officer in collecting or stating the amount of a license fee prevent or prejudice the collection by the City of such amount as shall be actually due from -l- 979 any person engaged in business who is subject to a license under this Ordinance. The issuance of a license under this Ordinance shall not be construed as authorizing the conduct or continuance of any business 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. SECTION 5. ,NOT TRANSFERABLE. No license hereunder shall be transferred or assigned, nor 'shall such license be constrUed as authorizing any person other than the licensee to engage in the li- . c;ensed business'; provided that where a license is issued authoriz- ing'a person to conduct a business at a particular place, such licensee may upon application therefor and paying a fee of fifty cents ($.50) have the license previously issued amended so as to authorize the conduct of such business ,':a't, sOllle' other location. The License Officer shall make a charge of fifty cents ($.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)' Where a license fee in this Ordinance is fixed at a monthly rate, the same shall apply to the calendar month or frac- tion thereof, unless otherwise herein provided. (c) Where a quarterly license is provided for herein, the same shall apply to the portion of a year as follows: First quarter: January lst to March 3lst, inclusive; Second quarter: April lst to June 30th, inclusive; -2- 979 Third quarter: July 1st to September 30th, inclusivej Fourth quarter: October 1st to December 31st, inclusive. (d) Where a yearly or annual license is provided for here- in, the same shall apply to the fiscal year of January 1st to the fOllowing December 31st. (e) Where a daily license is provided for herein, the same shall be due and payable to the City each day in advance. (f) Except where it is provided herein that quarterly licenses shall be paid for each quarter or fraction thereof, any application made for quarterly licenses during the first month of any quarter shall be accompanied by the licen~e fee for the whole quarterj any application made for such license during the second month of the quarter shall be accompanied by two-thirds of the li- cense 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 fee shall be paid for each year or fraction thereof, any application for a yearly or annual license shall be accompanied by such proportion of the yearly or annual license fee as the re- ~ning 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 License Officer before a City license will be issued. SECTION 8. EXHIBITING OF LICENSES. Every person having a license under this Ordinance and carrying on a business or pursuit at a fixed place 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 -3- 979 whenever requested to do so by any police officer, or by any officer authorized to issue, inspect or collect licenses. Every person oper- ating any wheeled vehicle for which a license is required shall pro- cure from the License Officer, in addition to such license certifi- cate, a license plate upon which the License Officer 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 License Officeb shall make a charge of fifty cents ($.50) for each license plate issued under the provisions of this ,section, which shall be paid by'the licensee be- fore 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 person, 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. SECTION 9. ENFORCEMENT. It shall be the duty of the Li- cense Officer and he is hereby directed to assist the City Manager in the enforcement of each and all of the provisions of this Ordi- nance. The License Officer, in the exercise of the duties imposed upon him hereunder, shall examine or cause to be examined all places of business in the City to ascertain whether the provisions of this Ordinance have been fully complied with. The License Officer, each of his assistants, and every 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 de- mand 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 Li- cense Officer and each of his assistants as aforesaid to cause a -4- 979 c.' complaint to be filed against any and all persons found to be violat- ing any of said provisions. SECTION 11. PENALTIES FOR FAILURE TO PAY FEE WHEN DUE. The License Officer shall, on the 15th day of each month after the due date thereof, add a penalty of ten per cent (lQ%) for failure to pay an annual, semi-annual or quarterly license fee when duej and for failure to pay a monthly, weekly or daily license fee when due, the License Officer shall add a penalty of ten per cent (lO%) of said license fee on the day following the due date thereof. 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 solicita- tion and/or sale or any part thereof, are to be used for purposes of charity, relief or benefit, without first obtaining and being the holder of a valid permit so to do issued pursuant to Section lS here- of for each such drive or campaign for funds or property. SECTION l6. ISSUANCE OF FREE PERMIT. All applications for free licenses and permits shall in the first instance be determined by the License Officer who shall approve or reject the same. If he finds that said application shall be approved, he shall issue to said applicant a free license. If he finds that said application should be disapproved, he shall reject the said license and the applicant shall have, the right of appeal to the City Council. A separate permit shall be required for each person intending to exercise any right here- under. SECTION l7. DISABLED VETERANS. Disabled war veteransc shall be entitled to receive free licenses tor peddling or canvass- ing, provided that said persons first exhibit to the License Officer evidence of such character as shall satisfy said License Officer that the veteran applying therefor has received an honorable discharge from the United States naval or land forces, that he is physically unable to obtain a livelihood by manual labor and that'he is a qualified elector of the State of California. Applicants for free license under this section shall be required to comply with all -5- 979 other provisions of this ordinance pertaining to the licensing of peddlers or canvassers. . , . SECTION 24. LICENSE HOLDER FOR VEHICLE. Every person oper~ting any wheeled vehicle for which a license is required, shall procure from the License Officer, in addition to such license cer- tificate, a license plate, upon which the License Officer shall im- press a serial number to be designated by him and said license plate shall at all times be located in a co~spicuous place on the rear of said vehicle to which the same has been issued, in such manner that the said license plate shall be plainly visible. The License Officer shall make a charge of fifty cents ($0.50) for each license plate issued under the provisions of this section,; which shall be paid by the Licensee before the issuance thereof. [t shall be unlawful for any person ,to place or keep any : on any vehicle such license plate/after the expiration of the term for which the license is granted, and it shall be unlawful for any person 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 28. SWORN STATEMENT. At the time of applying for a license under Sections 25, 26 and 27 hereof, if the applicant has been engaged in business in the City of Arcadia continuously for one year or more, he shall file with the License Officer 'a sworn statement showing the average number of persons employed by or asso- ciated with him in connection with said business during the year prior to the date of making such application, and said statement shall be used by the License Officer in determining the amount of license fee to be paid for the next ensuing year. In determining such average the number so associated with or employed by the appli- cant on the last business day of each calendar month shall be added together and the sum thereof divided by twelve. If applicant has not previously been engaged in business in the City of Arcadia, or has been BO engaged for less 'than one -6- 979 year, he shall file with the License Officer 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 (lO) days after the expiration of the year for which said license has been issued, a sworn statement shoWing the average number of persons actually employed by him during the year determined by the method'established in the first paragraph of this Section. If the average number actu- ally employed is less than the average number for the previous year or the estimated number, the City Council shall direct a refund of the overpayment, if any, of the license tax paid, and if the aver- age number actually employed exceeds the average for the previous year or estimated number, then the licensee shall forthwith pay such additional sum as may be required to pay, in:full the license, tax re- quired 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 from collecting by appropriate action such sum as is, actually due and payable hereunder. Each such statement shall be subject to audit and verification by the License Officer, who is hereby authorized to cause an examination of such books and records' of any licensee or applicant as 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 number of employees or associates, but for no other purpose. If any person fails to file any required statement within the prescribed time, the License Officer 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 License Officer -7- 979 shall give notice of the amount assessed by serving it personally or by depositing it in the United States Post Orfice at Arcadia, California, postage prepaid, addressed to' the person so assessed at his last known address. Such person may within ten (lO) days after the mailing or serving of such notice make application in writing to the License Officer for a hearing on the amount of the license tax. If such application is not made within the time pre- scribed, the assessment shall become rinal, and if such application is made within the time prescribed, the License Officer 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. SECTION 2. That aforesaid Ordinance No. 737 is hereby further amended by adding thereto a new section No. l3-A. the same to read as follows: SECTION l3-A. Notwithstanding'anything to the contrary in Sections l3, l4. l5 and 23 of this Ordinance, every statement, inventory, affidavit or application required by Sections l3, l4, l5 and 23 of this Ordinance shall be filed with the Lice~se Offic- cer. SECTION 3. The City Clerk shall certify to the adoption of this Ordinance and prior to the expiration of fifteen (l5) days from the passage thereof shall cause the same to be published once in the Arcadia Tribune and Arcadia News, a newspaper of genezal cir- culation, published and circulated in the City of Arcadia, and thirty (30) days from and after the final passage thereof, said Ordinance shall take effect and be in force. 'I HEREBY CERTIFY that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Arcadia, held on the 5th day of February , 1957, by -8- 979 the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Jacobi, Dennis, Phillips, Reibold and Camphouse NOES: None ABSENT: None ~t~ SIGNED AND APPROVED this 5th day of February , 1957. ..f2n:tfl/~<- (SEAL) r "'9- ~ I / ' :h'14/ , ' t' ,. -1:- I / './ l : J , oJ' r' ( 11-> J-1/ I.' t. .. 979 IHDsno.