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HomeMy WebLinkAboutCC ORD 1949-773 Amends sections of Ord. 708, business licenses (Not codified)773 ORDINANCE NO. 773 AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA, AMENDING ORDINANCE NO. 708 BY AMENDING SECTIONS NOS. 5, 10, 13, 23, 32, 38, 48, AND BY ADDING SECTIONS NOS. 4.1, 20.1, 23.1, 23.2, 48.1, 39.1 AND 49.1. The City Council of the City of Na- tional City, California, DOES OR- DAIN, as follows: SECTION 1. Section 4.1 is hereby added to Ordinance No. 708 and shall read as follows: Section 4.1: ESTABLISHED PLACE OF BLSINESS. Established place of business is the place actually occupied either continuously or at regular periods by any person re- quired to be licensed pursuant to this ordinance, and where such per- sons, books and records are kept and a large share of his business transacted. SECTION 2. Section 5 of Ordinance No. 708 is hereby amended to read as follows: Section 5: Before any license is is- sued to any person, such person sha11 make written application therefor to the City License Col- lector of said City. Such applica- tion shall: A. State the nature or kind of business or calling, show, ex- hibition, or game for which the license is required; B. State the place where such business or calling, show, ex- hibition, or game will be trans- acted, engaged in, carried on, or conducted; C. State the names of the owner of the business or calling, show, exhibition, or game; and 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, Chen such applicationshall state, in addition to the requirements in this section here- tofore specified, the legal residence of the owner or owners of such busi- ness, show, exhibition, or game; No license shall be issued to any corporation unless its Articles of In- corporation, or a certified copy there- of, is filed in the office of the County Clerk of the County of San Diego, California, or in the office of the City Clerk of the City of Na- tional City, California. No license shall be issued to any person transacting, engaging in, car- rying on, or conducting any business, show, exhibition, or game under a fictitious name unless an affidavit be filed in the office of the County of San Diego, California, or in the office of the City Clerk of National City, California, showing the true names of the owners of such business, show, exhibition, or game, provided, however, such license may be issued in the true names of all the owners of such business, show, exhibition, or game, without the filing of such affi- davit. All licenses issued under and by virtue of this Ordinance shall be printed in blank form, signed by the City License Collector and counter- signed by the City Clerk of the City of National City, and In which shall be set forth the name of the party to whom the license is issued, the na- ture of the trade or business that he is licensed to pursue, the location of the place or business, the length of time for which the same is granted, the date of issuance. A receipt may be given the appli- cant for a license showing the amount paid therefor prior to ;the issuance of the license. A copy of the license to be delivered to the City Clerk and a copy be retained by the City License Collector shall show the amount paid therefor. A receipt shall not consti- tute or be deemed a license. Licenses shall be issued in quad- ruplicate, the original to be delivered to the licensee, a copy thereof to be delivered to the licensee, a copy there- of to be delivered to the City Clerk, and the remaining copy to be retained by the City License Collector. The City License Collector shall collect all moneys for such licenses, and be accountable for the same. The City License Collector shall is- sue licenses only upon writtenapprov- al of the Chief of Police, who may deny the issuance of said license to any applicant whom in his discretion is not a fit and proper person to man- age or conduct said business or occu- pation and or said business would be detrimental to the health, welfare, or interest of the City of National City. The City License Collector shall no- tify the applicant of the denial of the license, by delivering a notice of such denial to the applicant. Delivery of such notice may be made personally or by placing such notice in an enve- lope, properly addressed to such ap- plicant, postage prepaid, sealed, and deposited in the United States mail. An applicant, upon denial of said license shall have the right to ap- peal to the City Council from said denial or the Chief of Police, by the filing of a notice of appeal and stat- ing the grounds therefor. Said ap- peal shall be filed with the City Clerk of the City of National City, Cali- fornia, within five (5) days after no- tification of denial of the license. The City Clerk shall refer the same to the City Council for hearing; said applicant shall he notified in writing by the City Clerk of a time, date, and place of hearing. Upon good cause being shown, the City Council may at its discretion set another time for said hearing, and at the time of said hearing, the City Council shall hear and determine the evidence pre- sented on said appeal. The City Council shall have the power at said hearing to deny the issuance of said license or grant the same, and its decision shall be final. No license shall be issued unless a full compliance is had with all the Ordinances of the City of National City, and where laws of the State of California require a person to be li- censed under and by virtue of its laws, the same shall be a condition precedent to the granting of a license by the City of National City, and if an applicant so required to be licensed by the State of California has failed to comply with the laws of the State, no license shall be issued by said City. If any such license has been issued through error, the same shall be void and of no force and effect and the applicant shall be liable to the penal- ties imposed under this Ordinance for failure to obtain a license as herein required. Whenever an applicant for a license to do business in the City of National City is licensed to do business under said laws of the State of California, a license to do- business within the City of National City shall not be denied because of lack of moral char- acter. SECTION 3. Section 10 of Ordi- nance No. 708 is hereby amended to read as follows: S'ection 10: All licenses shall be paid in advance in the lawful money of the United States at the office of the City License Collector, provided however, that the licenses required to be paid by the provisions of this Or- dinance shall be due and payable from and after the first day of Jan- uary, 1915, and the first day of each year thereafter. Said licenses shall be delinquent thirty (30) days after the same are due and payable except monthly or quarterly licenses which shall be delinquent ten (10) days after the same becomes due and payable. That any license which is due and payable and has become delinquent, shall be revoked without further ac- tion on the part of the License Col- lector. No person shall engage in any business subject to be licensed under this Ordinance after said license has 773 become delinquent. SECTION 4. Section 13 of Ordi- nance No. 708 is hereby amended to read as follows: Section 13: The City License Col- lector shall deposit immediately with the City Treasurer, all monies col- lected by him as in this Ordinance provided, and shall on or before the 10th day of each month submit a written report to the City Council of the amount thereof. All monies collected as in this Or- dinance provided shall be deposited in the general fund of the City by the City Treasurer and all said mon- ies so collected shall become and be a part of the general fund of the City. SECTION 5: Section 20.1 is hereby added to Ordinance No. 708 and shall read as follows: Section 20.1: For every person con- ducting, managing, carrying on or engaged in any business of general contractor, shall pay a license fee of $25.00 per annum. For every person conducting, man- aging, carrying on or engaged in any sub -contracting business, shall pay a license fee of $15.00 per annum. SECTION 6: Section 23 of Ordi- nance No. '708 is hereby amended to read as follows: Section 23: For every person con- ducting, managing, carrying on, or engaged in any business hereinafter enumerated in this section shall pay a license fee of $25.00 per annum. Cheek cashing Bonds -fidelity, indemnity, faith- ful performance or bail Stocks and bonds -federal, state. county or municipal stocks or bonds, or stocks or bonds of incorporated companies, or evi- dences of indebtedness of pri- vate persons or of incorporated companies. SECTION 7: Section 23.1 is hereby added to Ordinance No. 708 and shall read as follows: Section 23.1: For every person con- ducting, managing, carrying on, or engaged in any business hereinafter enumerated in this Section, shall pay a license fee of $15.00 per annum. Real estate broker Each individual broker, whether or not operating as a partnership, shall pay said license fee. SECTION 8: Section 23.2 is hereby added to Ordinance No. 708 and shall read as follows: Section 23.2: For every person con- ducting, managing, carrying on, or engaged in any business hereinafter enumerated in this Section, shall pay a license fee of $10.00 per annum. Real estate salesmen SECTION 9: Section 32 of Ordi- nance No. 708 is hereby amended to read as follows: Section 32: Every person conduct- ing, managing and carrying on the business of operating, owning or con- trolling a Trailer Camp as defined in Ordinance No. 652 and amendments thereto, shall pay a license fee of $25.00 per quarter, and $0.50 per quarter for each trailer space in said camp. SECTION 10: Section 38 of Ordi- nance No. 708 is hereby amended to read as follows: Section 38: Every person conduct- ing, managing or carrying on the business of a bowling alley shall pay a license fee of $100.00 per annum, and in addition thereto , shall pay the sum of $5.00 per quarter for each and every alley ''therein. SECTION 11: Section 48 of Ordi- nance No. 708 is hereby amended to read as follows: Section 48: For every person own- ing, operating, managing or control- ling any coin operated machine ex- cluding 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 $15.00 for each additional ten machines, in- cluding a service truck. The City License Collector shall is- sue a separate receipt for each such coin or slug operated vending ma- chine, which shall be attached to and maintained thereon for the full term for which the receipt is issued. SECTION 12. Section 48.1 is here- by added to Ordinance No. 708 and shall read as follows: Section 48.1: For each and every person owning, operating or control- ling a Mobile Amusement Vehicle, shall pay a license fee of $75.00 per annuln. SECTION 13. Section 39.1 is here- by added to Ordinance No. 708 and shall read as follows: Section 39.1: For each and every person performing or presenting a demonstration of any kind of proper- ty with intent to sell, shall pay a license fee of $5.00 per quarter. Each and every person allowing such a demonstration or presentation to be made in their home or business, shall be liable for the payment of said license fee. SECTION 14. Section 49.1 is here- by added to Ordinance No. 708 and shall read as follows: Section 49.1: For each and every person who is a peddler or solicitor as defined in this Ordinance, shall make application with the License Collector for permission to so do and shall pay the sum of $1.00, and shall furnish photographs of himself and shall be finger -printed prior to being issued said permit. No charge shall be made for a permit for persons engaged in interstate commerce. No person shall solicit as a peddler or solicitor without first having obtain- ed a permit therefor. All permits shall be carried on the person and displayed upon request. SECTION 15. This Ordinance shall be in full force and effect as of January 1, 1950, and not less than thirty (30) days after date of final passage. SECTION 16, The City Clerk of the City of National City, shall cause this Ordinance to be published once in the National City News, a weekly newspaper of general circulation printed and published in the City of National City, California. PASSED AND ADOPTED by the City Council of the City of National City, California, this 15th day of No- vember, 1949, by the following vote, to -wit: AYES: Councilmen Adams, Curry, Matthews, Thatcher, Fritz. NAYS: Councilmen None. ABSENT: None. GILBERT E. FRITZ, Mayor of the City of National City, California. ATTEST: Irene M. Alston, City Clerk. I hereby approve the foregoing Or- dinance this 13th day of November, 1949. GILBERT E. F'RITZ, Mayor of the City of National City, California. I hereby certify that the above and foregoing is a full and true copy of Ordinance No. 773 of the Ordinances of the City of National City, Califor- nia, as adopted by the City Council of said City, an +proved by the Mayor of said C �� n the th da - of November, 1''� (Signed) .<',o' d . �T. City Clerk of the City of National City, California. (SEAL) News; lt; 11-25; Jno. 2132. AND I HEREBY CERTIFY that the same has been duly published ac- cording to-3µw. City Clerk, City of National City, California.