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HomeMy WebLinkAboutCC ORD 1955-896 Amends §§ 5, 7, 9, 16, 23.4, 31, 34, 39.1, 48, 59; adds §§ 11.1, 64; repeals §§ 32, 33, 34.1, 35 of Ord. 708, business licenses (Not codified)ORDINANCE NO. 896 AN ORDINANCE AMENDING ORDINANCE NUMBER 708 OF NATIONAL CITY, PERTATlNG TO LICENSING OF CERTAIN OCCUPATIONS AND AMUSEMEMTS. The City Council of the City of National City, California, does ordain as follows: Section 1: Section 5 of Ordinance No. 708 is hereby amended to read as follows: Section 5: Before any license is issued to any person, such person shall make a written apli- cation therefore to the City License Collector. Such application shall: A. State the nature or kind of business or calling, show, exhibition, or game for which the license is required; B. State the place where such business or calling, show, exhibition, or game will be transacted, engaged in, carried on, or conducted; C. State the names of the owner of the businesEi or calling, show, exhibition, or game; D. Be signed by the applicant. In cases where such business, show, exhibition or game is not transacted, engaged in, carried on, or conducted at a permanent place of business in the City of National City, such application shall state, in addition to the requirements in this section heretofore specified, the residence of the owner or owners of such business, show, exhibition, or game. A license shall not be issued until the City Planner has certified to the City License Collector that the use of the premises proposed by applicant does not violate any Ordinance of the City of National City pertaining to zoning. - 1 read All licenses issued under and by virtue of this ordinance shall be signed by the City License Collector, and shall set forth the name of the party to whom the license is issued, the nature of the trade or business, the length of time for which the same is granted and the date of issuance. The City License Collector shall collect all money for such licenses and be accountable for the same. Section 2: Section 7 of Ordinance No. 708 is as follows: Section 7: No license granted or issued under any provision of this ordinance shall be assignable or transferable, and each license granted shall be valid only for the address therein designated. However, a change of location shall be allowed to the owner of the license upon the payment of the sum of 81.00. The City License Collector shall make a charge of 81.00 for every duplicate of a license issued under the provisions of this ordinance which has been lost or destroyed. Section 3: Section 9 of Ordinance No. 708 is hereby amended read as follows: Section 9: The Treasurer of the City of National City is hereby directed to carry into effect the pro- visions of this ordinance, and is hereby designated City License Collector. No personal demand or notice by the City License Collector to any person owing any sum for payment of a license as in this ordinance pro- vided shall be necessary to incur the penalties pro- vided in this ordinance 2 hereby amended to to Section 4: That Section 11.1 is hereby added to Ordinance No. 708 and shall read as follows: Section 11.1 Not withstanding the provisions of Section 11 of this ordinance, a person conducting a separate but related business on the same premises shall not be required to have more than one license. Section 5: Section 16 of Ordinance No. 708 is hereby amended to read as follows: Section 16: In each and every instance where a license fee is required, and the amount is not based upon the amount of gross receipts of sales or business transations, or numbers of admissions, said license shall be payable in advance, provided, however, that if a person commences a business in the City of National City during the year for which a license is due and payable, such license may be issued on a quarterly pro rata basis for the balance of said calendar year. In any case where the license fee is based upon annual gross receipts, the applicant shall at the time of original application pay the minium amount required in Section 15 hereof and said amount shall not be prorated. At the expiration of the license period and before obtaining a license for any sub- sequent period, such person shall file with the City Treasurer a written statement setting forth the gross receipts of such business during such expired license period and shall pay at such time any additional sum which may be found to be due as determined upon the basis of such gross receipts in accordance with the fee schedule contained in Section 15 hereof. - 3 In every case where the license fee is based upon annual gross receipts, the applicant for the renewal of such license shall at the time of application for renewal file with the City Treasurer a written statement setting forth the gross receipts of his business during the preceding calendar year, or in the event applicant operates on a fiscal year basis, a written statement setting forth the gross receipts of his business during the preceding fiscal year. The license fee required by Section 15 of this ordinance shall be payable in advance based upon said statement. In any case where the license fee is based upon the number of vehicles used by ap»licant to carry on his business in National City, the applicant shall at time of application for renewal of his license file with the City Treasurer a written statement setting forth the number of vehicles used in the conduct of his business in National City during the previous license period. Such fee shall not be construed to be a license fee upon each individual vehicle but the number of vehicles used on any day is merely the measure of the amount of the tax to be paid. The amendment of this Section shall not repeal the right of the City to any additional license taxes due to the City in accordance with the terms of this section existing prior to this revision, nor shall it prevent the payment of an:- rAf»nds to which any licensee is entitled under such terms. Section 6: Section 23.4 of Ordinance No. 708 is hereby amended to read as follows: - 4 - Section 23.4: For every person conducting, managing, carrying on, or engaged in the business of advertising by means of any mobile search light or search lights, used for advertising purposes upon public streets or upon private or public propertyhthe City of National City shall pay a license fee of $5.00 per day. Section 7: Section 31 of Ordinance No. 708 is hereby amended to read as follows: Section 31: Every person acting as a peddler or solicitor as nerein defined shall pay a license fee of $'5.00 per quarter. Every agent, servant, or employee of a peddler or solicitor shall be licensed under the provisions of this ordinance and said agent or employee shall procure a license and be liable for the payment of the license fee prescribed in this section, the same as his employer. In addition to the license fee required in this section, every peddler or solicitor using a vehicle or vehicles in the conduct of his business in said City shall pay the license fee required in Section 34, Subsection (4). Section 8: Section 34 of Ordinance No. 708 is hereby amended to read as follows: Section 34: Every person engaged in a business, the property of which is not on the tax rolls of said City, and who uses any vehicle or vehicles in the conduct of such business within the limits of said City, shall pay to said City a license fee as follows: - 5- 1. For every person engaged in the business of selling and delivering goods, wares, or merchan- dise at retail to regular customers over regular routes, or engaged in picking up or delivering laundry or dry cleaning, the sum of $25.00 per annum per vehicle used in the conduct of such business. 2. For every person engaged in a retail business, and not classified in paragraph 1 above, using any vehicle or vehicles in the conduct of such business in said City, the sum of $75.00 per year. 3. For every person engaged in a wholesale business and using vehicles for the purpose of delivery in said City, the sum of $10.00 per annum per vehicle used in the conduct of such business in said City. 4. For all other persons engaged in business and not otherwise mentioned in this section using vehicles in the conduct of their business, the sum of $10.00 per annum per vehicle used in the conduct of such business in said City. 5. For the purpose of this section a tractor - semi -trailer combination, or a truck -trailer combina- tion shall be construed as one venicle. Section 9: Section 69.1 of Ordinance No. 708 is hereby amended to read as follows: Section 39.1: For• every person performing or presenting a demonstration of any kind of property with intent to sell, shall pay a license fee of $5.00 per quarter. Section 10: Section 48 of Ordinance No. 708 is hereby amended to read as follows: - 6 Section 48: Except as provided by Section 11.1 of this Ordinance, for every person owning, operating, managing or controlling, any coin operated machine, excluding music devices as defined in this ordinance, and which is coin or slug operated shall pay a license fee of 25.00 for ten or less number of machines including a service truck, and an additional license fee of $1.50 for every additional machine. The City License Collector shall issue a separate receipt for each such coin or slug operated vending machine, which shall be attached to and be maims fined thereon for the full tern: for which the receipt is issued. Section 11: Section 59 of Ordinance No. 708 is hereby amended to read as follows: Section 59: If the license in this ordinance shall not be paid on or before the 30th day of the month following the date whenit shall become due, as in this ordinance provided, then a penalty in an amount equal to 100 of the license due and payable shall be added thereto; an additional 10% penalty shall be added thereto for every fraction of a month thereafter that the license tax remains unpaid, provided however, that the penalty in no event shall exceed 50% of the tax due and payable; no license shall be issued until such penalty shall have been paid; in addition thereto, such delinquent licensee shall be liable for pro- secution and the penalty herein provided, for failure to pay the license as required by this ordinance. 7 Section 12: That a new section 64 is hereby added to Ordinance No: 708 to read as follows: Section 64: This ordinance does not apply to any public utility regulated by the Public Utilities Commis ion of the State of California engaged in the transporation or transmission of gas, electricity, water or communications. Section 13: Sections 32, 33, 34.1 and 35 of Ordinance No. 708 are hereby repealed. Section 14: This ordinance shall be effective January 1, 1956. PASSED AND ADOPTED by the City Council of the City of National City, California, this ,r F>.,, day of �-� �' 1955, by the following votq to -wit: AYLS: Heck, Hollingsworth, Jensen, Hodge NAYS: Fessman ABSENT: None MAYOR OF THE CITY ONATIONAL CITY, CAL IFORN IA ATTEST: City Clerk I hereby approve the foregoing ordinance this /day of ( t �� /fir•.;) :..', MAYOR OF THE CITY OF NA 'T,✓ONAL CC TY, CAL IFORN IA I hereby Certify that the above and foregoing is a full and true copy of Ordinance No. of the Ordinances of tl-e City of National City, California, as adopted by the City Council of said City, and approved by the Mayor of said City, on 22day of Nnv ,1955 CITY CLERK OF THE CITY OF NATIONAL CITY, CALIFORNIA (SEAL)