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HomeMy WebLinkAboutCC ORD 1944-708 Business licenses, repeals Ords. 600 and 662 (6.18, 6.24, 6.28, 6.30, 6.54)1 0/ '` addition to the requirements in d it shall s TAIN OCCUPATIONS AND A- business, show, lector to prepare and issue a license m CC1, MUSEMENTS PROVIDING EN No license shall be issued to any h rounder corporation unless its Articles of In- dFOR TI-Ih; NG ORDI- corporation, or a certified copy there- EREOF, REPEALING of, is filed in the office of the Coun- h�. I), ANCE NO. 603, PASSED .AND ty Clerk of the County of San Diego, / PADOPTED NOVEMBER 15, 1938, California, or in the office of the City ,-y I, AND REPEALING ORDINANCE '� NO. 600 PASSED AND ADOPTED Clerk of the City of National City, -APRIL 1, 1930. California. ,� THE CITY COUNCIL OF THE Nc license shall be issued to any ! 1 CITY OF NATIONAL CITY. CAL- person transacting, engaging in, IFORNIA, do Ordain as follows: carrying on, or conducting any bust- - ness show, exhibition, or game un- i ORDINANCE No. 708 (9/4.r i .mod ,r wQ r• acted, engaged in, carried on, or con- ness-.-- ducted at a permanent place of buss- of California. a license to do buss- 1" ness in the City of National City, ness within the City of National City of National City then such application shall state, in City shall not be denied because of this lack of moral character. A ORDINANCE PROVIDING section heretofore specified, the rest- SECTION 6: Upon application ✓� PO THE LICENSING OF CER- dene_e of the owner or owners of such therefor as herein provided, (� h exhibition or game. be .the duty of the City License Col - City License Collector. In no event shall any mistake or �, error made by the City License Col- lectar in stating the amount of a license in this Ordinance provided, �\ prevent or prejudice the collection `-. by the City of an amount that ++- shall be actually due from any per- esS sae transacting, conducting, or car- rying +� on a business, show, exhibi- tion, or game, subject to a license 3� under this Ordinance. -)� - SECTION 7: Each license grant—,-.. ed or issued under any provision of this Ordinance .-hall authorize the licensee to transact or carry on the business or calling therein designet ed, and at no other place, and the said license shall not be assignable o r transferable. Ho w e v a r, a change of location shall be allowed to the owner of the license upon the �, payment to the City License Collect- or, of the sum of One Dollar ($1.00) and upon the approval of the Chi - of Police. The City License Collector shall make a charge of One Dollar ($1.00) t for each duplicate of a license sued under the provisions of this ss.- Ordinance which has been lost or tJ destroyed. �cA v2 SECTION 8: All licenses issued under the provisions of this Ordinan- ce shall be posted and kept in acon- splcuous part of the place of busi- ness of the licensee named therein during the period said licenses are in force and effect. except as In this Ordinance, otherwise specifically provided. Every licensee under the provis- ions of this Ordinance shall produce and exhibit the license issued to The ,City License Collector shall said al etseerotwhen n.ndpplyingv for a collect all moneys for sueh licenses, nested tot do so by the hen Lr re- ands - be accountable for the same. q The City License Collector shall Collector. or by any officer of the issue licenses only upon written ads- City. proval of the Chief of Police, who SECTION 9: The Chief of Po - may to any applicantthe eof whom In his effec1- lice t hcrr.b pros skins to of this yOrdi- discretion Is not a fit and proper per- nance and he is hereby designated son to manage or conduct said bust- the City License Collector. No per- ess or occupation and or said busi- sonel demand or notice by the Chief ness would be detrimental to the of Police to such person owing such health. welfare, or interest of the license tax as in this Ordinance City of National City. The City Li- the pens lsded hall be ies pbevidedssartits to Incur tense Collector shall notify the e.p- cant upon denial of said lieense shall have the right to appeal to the City Council from said denial of the Chief of Police, by the filing of a notice of appeal and stating the grounds tilt refer. Said appeal shall be filen with the. City Clerk of the City of National City. California. within five (5) days after notifica- tion of denial of the license. The City Clerk shall refer the same to the City Council for. hear- ing; said applicant shall be 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 discs ion set ancther time for said hearing, end at the time of said hearing, the City Counel shall hear and deter- mine the evidence presented at said appeal. The laity ,(3uncil *all have the power at said hearing to deny the issuance of said license er grant the same, sad its decjsien shall be final. No Ilcense shag be aasup44 finless a full complialice is had with all SECTION 5: Before any license the Ordinances of the ,Bity of Na- -,' - 4- I' issued to any.person, such person tional City, and where laws of the shall make written application there- State of California require a person 2`"� for to the City License Collector of to be licensed under and by virtue (J ; fi � sald City. Such application shall, of 1t§ laws, the same*all be a c i A. State the nature or kind of dition precedent to the granting of business or calling, show, ex- a license by the City of National hibition, or game for wjdieli City, and if an applicant so required the license Is squired; to be licensed by the State of nail - State the place where such forma has failed tc comply with the business or calling, show, ex- laws of the State, no license shall hibition, or gauss will be be issued by said laity. transacted, engaged in, car- If any such license has been is - vied on, or conducted; sued througl. error, the same shall State the names of the owner be void and of no force and effect of the business othe O lug, and the applyant shall be liable to show, exhibition, or game; the penalties imposed under this and ense Ordinance herefor failure equired obtain a H- D. Be signed by the applicant. Wherever an applicant for a 11- ducted or carried on; and shall au - In cases where such business, show, cause to do business in the City of thorize the licensee to transact, con - exhibition, or game is not tR be traps- National City is licensed to do buss- duct, or carry on only that bust - Second: f the State SECTION 1: It shall be unlawful der �a fictitious name unless an af- for any person or for any person fidavit be filed in the office of the as agent, clerk or employee, either County Clerk of San Diego County. for himself or for any other person, California, or in the office of the within the corporate limits of the City Clerk of National City, Califor- nia, showing the true names of the engage in, or carry on any business. owrers of such business, show, ex - show, exhibition, Or game. herein- hibition, or game, provided, however after specified without first having such license may be issued in the true procured a license therefor. as in this names of nil the owners of such busi- Ordinance required. ness, show, exhibition, or game, with - SECTION 2: Any person. who for out the filing of such affidavit. himself, or for any other person, All licenses issued under and by shall violate any of the provisions rfi•tue of this Ordinance shall be of this Ordinance. shall for each vio- printed in blank form, signed by the lotion thereof, be deemed guilty of City License Collector and counter - a misdemeanor and upon conviction signed by the City Clerk of the City by any court having jurisdiction of National City, and in which shall thereof, shall be fined in the sum of be set forth the name of the party not more than Three Hundred Dollars to whom the license is issued, the na- ($300.00) or by imprisonment !n the ture of the trade or business that he City Jail not exceeding ninety (90) is licensed to pursue, the location of days. or by both such fine and Impel- the place or business. the length of sonment. Each and every day or frac- time for which the same is granted, tional part of a day that said bust- the date of issuance, and the amount ness, show. exhibition or game in paid therefor. this Ordinance specified Is conduct- Licenses shall be issued in trip- od or carried on without such license licate, the original to be delivered to or permit, shall constitute a violation the licensee, a copy thereof to be of this Ordinance. delivered to the City Clerk. and the SECTION 3: The amount of any remaining copy to be retained by the license imposed by this Ordinance shall he deemed a debt to the City of National City, and any person, or any person as agent, clerk, or em- ployee, either for himself or of r any other person transacting, in, or carrying on any business, show, exhibition, or game. herein- after specified without having a li- cense from said City.to so do, shall be liable to an action in the name of said City, in any court of compe- tent jurisdiction, for the amount of license by this Ordinance imposed. SECTION 4: Definitions: Wherever in this Ordinance the plicant of the denial of the license. nonce. word "person' is used, it shall be by delivering a notice of such denial All police officers are hereby ap- deemed to include person, corporation, to the applicant. Delivery of such pointed inspectors of licenses in firm, agency, co -partnership or asso- notice may be made personally or addition to their several duties as elation. and shall include singular by placing such notice in an en- police officers, and shall have and and plural, masculine, feminine, and velope, properly addressed to such exeewise the power: neuter. applicant, postage prepaid, sealed. First: To make arrests for the Wherever in this Ordinance the and deposited in the United States violation of any of the word "business" is used, it shall be mall. provisions of this Ordi- deemed to include every pursuit, An applicant, p nance. To enter free of charge for inspection of li- censes, at any time during regular a n d customary bus in e se hours. any place of business, for which a license is required by this Ordinance, and to demand the exhibition of such license for the current term by any person engaged or em- ployed in the trans- action of such business, and if smelt person shads hen and there fall to exhibit such li- cense, such person shall then be liable to - the penalty provided 's1;ey'Ls,,.r for a violation of this G? Ordinance. p It is hereby made the duty of the .i�.. No1.1' police officers to cause complaints to be filed In a lodit of competent , s jurir.11ctton against all persons vio- lating any of the provisions of this Ordinance. ?� SECTION 10: Alllicenses shall be paid in advance in the lawful recney of the United States at them• office of the City License ,Collect-rs w or, provided however, that the li- censas required to be paid by the b„sC' ?xc' provisions of this Ordinance shall } bi, due and payeble from and after the first day of January, 1945, and the first c.ay of esoh year thereaf- ter. SECTION 11: A separate license shall be obtained for each separate business, or each branch establish- ment. or separate place of business in which a business, show, exhibi- tion. or game is transacted, eon - trade, occupation, avocation, em- ployment, business, or calling. Wherever in this Ordinance the word scales" Isetail used,itbusiness" shall be deemed to include all sales of goods, wares. merchandise, or services to a con- sumer. Wherever in this Ordinance the word "wholesale business" or "wholesale sales" is used, it shall be deemed to include all sales of goods, wares, merchandise or services to a retailer. Wherever in this Ordinance the word "peddler" or "solicitor" is used, it shall be deemed to include any person not having a regular es- tablished place of business within the City of National City, Califor- nia, and who goes from house to house. place to place. or person to person, within the city, soliciting, offering for sale, or selling any goods, wares, merchandise, of any kind or nature whatsoever. B. P. 08 'Hess, show, exhibition, or game described in such license, and which is indicated thereby. provided, further, that where a license 1s hetein imposed upon any business, show, exhibition, or game in which the gross receipts of such business or the number of business trans- actions is made the basis for as- certaining the amount of such 71- cense, a separate license tax shall be paid for each branch establish- . men, or place of business in which the l:usiress, show, game, or ex- Fc a`(.0 hib'tlon Is transacted, conducted, or carried on, based upon the gross re- ceipts or number of business trans- actions of each such branch 'es- tablishment or separate place of j`Tbusiness. SECTION 12: The monthly 11- cense in this Ordinance provided, shall be due and payable to the City on the first day of each month, in advance, unless other- wise specifically provided In this Ordinance, from all persons who have for the previous month been licensed to carry on the swine ba l- neas, show. exhibition, 'Olt game, and from a).1 persons who havenot been licens$edd for the previous mould for the same business, show, exhibition, or game. The quarterly, license in this Ordinance provided shall be due and payable to the City on the first days of January, April, July and October, in advance, and all such licenses shall, expire with the last days of March, June, Septem- ber and December ,of each year: Provided, however, hat any person desiring to do so may pay for and procure all four quarterly licenses at the time the first quarterly li- cense becomesdue and payable un- der the provisions of this Ordinance. . The dolly and weekly licenses in this Ordinance provided shall be due and payable to the City in ad- vance. The semi-annual licenses in this Ordinance., provided shall be due and payable. to the City on the first days o1 January and July of each year. in advance. The annual licenses in this Ordi- nance provided shall be due and payable to the City on the first day of January of each year, In ad- vance. No greater or less amount of money shall be charged or received for any. license than is provided In this Ordinance. and no license shall be sold or issued for any part of time other than is provided In this Ordinance: and there shall be no rebate given for any urnsed portion of the term except as in this Ordi- nance otherwise specifically pro- vided. SECTION 13: The City License • _ (ii1ectnr shall_ deposit monthly .t5.nf-J with the City Treasurer. all mon- -41les collected by him as In this Ordi- nance provided, and shall on or be- fore the loth day of each month submit a written report to the City Council of the amount thereof. All monies collected as in this Ordinance provided shall be depos- ited in the general fund of the City by the City Treasurer and all said monies so collected shall become and he a part of the general fund of the City. SECTTON 14: The amount or rate of lieense fees to be paid the City of National City, California, by .any .person, for. transacting. en- gaging in, conducting, or carry- ing on any business, show. exhlbi- iloli. or gaine, specified In this Ordinance shall be as hereinafter pro•.id^d in the following sections. ACTION' 15: ror every pe@rson 't1•anbacfiitg, enga°gI'rig Ip con'dkicb- Ing, di' carrel/1g 'en the business 'of selling at 'retail, any goods. wares, or mercharigge not specifically 11- onsed by other sections of this rdinance, and every persontrans- acting, engaging in, conduct, ng, ne 'carrying on, either at wholesale, retail, or otherwise the busnesses Ot: Advertising Agency Apartment hotis'e Auto camp and into court AutomoMle salet or service Awnings,, canvas sales Barber bholl )3 the-s t e a m baths, electric ight b a t h s, electric tub aths, shower bathe, spopge baths, mineral baths, Rus- sian, Swedish o r Turkish baths. or any public bath Birds, Cats, Dogs or other anis mats raised, sold, or ex- changed Blacksmith shop Boarding house Bungalow court Book store Beauty shop - cosmetologist, Cosmetician, or hairdresser Candy stand, cigars, eigardites Card writer or printer Cement contractor Cesspool digging and cleaning Check room Cleaning and/or dyeing e s - tablishments and factories Clothes pressing establishments Cold storage and refrigerating plant Collection agency Collector -Junk, rubbish Clothing store Clinic Dancing academy - where in- struction In dancing le given Dog kennels Drilling - wells Drug -retail Drug -wholesale Drive-in markets Department store Fleetrlcians Electrical supplies Embalmer Excavators Feed 'Store Florist or nursery Fruit or vegetable Salta Food sales Furniture 'store Furniture and rug cleaning Fuel sales Gasoline Service Station Garage aenerae contractor and all sub -contractors Grocery store Garbage collector Hotel House movers Hospitals Hardware store Hats -cleaned and blocked Ice cream store Jewelry store Lathers Laundry Linoleum and window shades Lumber yard Music teachers Music store Machine shop Machinery or equipment - sales Er service Manicure parlor Manufacturing Massage Parlor Mattress -making, repairing, or cleaning Messenger service Motel ME a: market -retail Meat market -wholesale News stand Pt eking plants Painters Plasterers Plumbers Poultry or Printing Parking or storage Photographers Rest Homes Restaurant Roofers Rooming house Sporting goods store Shoe sales or repair Shoe shining or coloring Sign painter Skating -ice or roller Storage warehouse Second hand store Stationery. store Service station Tailor -suits made, sold, repair- ed Termite 'Control Tile contractor Tools - grinding and sharpening Upholstery or furniture repair Undertaking er funeral parlor Used car dealers Welt diggers Wholesale store and/or ware• hou'ae shall pay a license tee based upon the gross annual receipts of such business In the following manner: Less than $5,000.00 license fee $10.00 per year $5,000.00 but less than $10,000.00 license fee $12.50 per year $10,000.00 but less than $20,000.00 license fee $15.00 per year $20,000.00 but less than $40.000.00 license fee $17.50 per year $40,000.00 but less than $60,000.00 lieense fee $20.00 per year $60,000.00 but less than $SO,000.00 license fee $22.50 per year $80,000.00 but less th' $100,000.00 license fee $25.00 per year *100,000.00 but less th' $140,000.00 license fee $30.00 per year *140,000.00 but less th' $180,000.00 license fee $35.00 per year egg store $180,000.00 'but less th' $225,000.00 Ilcense fee $42.50 per year $225,000.00 butieteth it275,0.00.00 license fee. $50.00 per year $275,000.00 but less th' $325,000.00 license fee $60.00 per year $325,000.00 but less th' $400,000.00 license fee $70.00 per year $400,000.00 but less th' $500,000.00 license fee $80,00 per year Over $500,000.00 license fee $100.00 per year Gross annual receipts as used In this Ordinance shall include all cash and credit revenue, and all other things of value received as revenue. S14t.`7ION 76 • lin reach and every Instance where a license fee is re- qu'ire 1, and the amount thereof is not basest upon the amount of gross receipts of sales or business transactions, or numbers of admie- s$ons, said. license shall be payable in advance, provided however, that if a person commences a busi- ness in the 'City of National City during the year for which a license is due and payable, such license may be issued on a quar- terly pro rata basis for the balance of said calendar year.( .a,i�� In each and every Ins ta.n e where the amount of the license tee to be paid by any person shall be based upon the amount of gross receipts of sales or business trans- actions such person shall estimate the amount of said gross receipts of sales or business transactions that is contemplated for the ensuing per- iod covered by said license in a written statement sworn to before some officer authorized to admin- ister oaths. If a person has done business in the City of National City during the preceding calendar year, the gross receipts of such business for the preceding year shall be used as the basis for said estimate. The license fee asrequired by this Ordinance shall be payable in :Wynne( based upon said estimate. At the end of the calendar year, and Irior to the issuance of a new license, said person shall file a declaration sworn to before some officer authorized to administer oaths, stating the gross receipts of sales or business transactions for the calendar year for which the license has been issued. If there is a difference between the esti- mated amount of gross sales 'or business transactions and the 'act- uai amount of gross sales or busi- ness transactions during the cal- endar year for which the license was issued, then the difference, if more is due the City, shall be paid prior to the issuance of s. new li- cense and if less. a refund shall 'be made by the City License Collect- or. In the event that the actual gross receipts or business transactions is 30 percent more than the esti- mated gross receipts or business transactions for the period during which the license is issued. then the licensee shall be liable for, and shad pay an additional sum to an amount equal to 50 percent of the corretlt incense fee, together with the correct amount of said li- cense fee as based upon the actual gross receipts or business transac- tions for said business during the calendar year for which said li- cense wa.s issued, except as in this Section otherwise provided. A licensee after making the orig- inal estimate when due, and pay- ing the amount of fee based there- upon, may amend his estimated amount of gross sales or business transactions, at any time during the calendar year, said amended estimate shall be a written state- ment, sworn to before some offi- cer authorised to administer oaths. If the amended estimate shows that an additional amount of fee is due, the same shall be paid with the fil- ing of the amended estimate. If the amended estimate indicates an amount less than the amount of license fee, no refund shall be made until the end of the calen- dar year for which the license was so issued. There shall not be more than two amended estimates filed during any calendar year for any one business or person. Provided, further, that In the event an amended estimate is flied as herein provided, a li- censee shall incur the penalty in this section provided only when the last amended estimate is 30 per- CiS cent less than the ceipts or business the period during cense is issued. No new license shall be issued until said fee and penalty have been paid. SECTION 17: In each and every instance where the amount of li- cense fee to be paid by any person shall be based upon the amount of gross receipts of sales or business transactions, or the amount or number of admissions, the license therein named shall and will on the request of the City 'I:1cen'Se Collec- tor then a.nd there sumit for in- spection to said City License Col- lector any and all batiks, papers, accounts, a n d records including state and federal income tax re- turns, social security returns, and California state sales 'tax return's,- pre airing to the business. The li- cense as required in tbls Ordinance may be based upon the amounts Indicated In said books, papers, ac- counts and records. In the event a licensee fails to comply with the provisions of this section. such li- censee shall then be liable to the penal provisions of this Ordinance and shalt be liable for, and shall pay an additional ..sum in an amount equal to 100 percent of the correct license fee, together with the correct amount of said license tee as based upon the actual gross receipts or business transactions for Enid hn sin ens during the calen- dar year for which said license was issued. SECTION 18: If a license is Is- sued on an estimated amount of the gross sales or business trans- actions, the correct amount shall be determined within a period of 15 days after the end of the cal- endar year for which the license was so issued, and all amounts due and payable or amounts to be re- funded as an adjustment of the li- cense fee for the calendar year for which the license was issued, shall be due and payable within thirty (30) days after the calendar year Ncthing in this section shall be construed es an extension of time to file a final return in the event any person shall sell out his bnsl- hess or stock of goods, or shall quit his business. SECTION 19: In the event that a person is not doing business In National City when the license be- came due and payable, but subsequently eomm enced said business, said license fee shall be dated as of the commencement of said business for the ha lance Of the calendar year, and said licensee shall only be liable for payment of a license fee for the balance of said year. This section shall only pertain to those businesses upon which a li- cense fee is based upon the gross sales or business transactions, or number of admissions. SECTION 20: For every person conducting, managing, carrying on. or engaged in any business here - Matter enumerated in this Section shall pay a license fee of $25.00 per annum. Architect Aitorney at law Auditor Accountant ECTION 21 ; For every person conducting, managing, carrying on, or engaged in any business herein- after enumerated in this - Section shall pay a license fee of $25.00 per arrum. .A ssayer Chemfst Civil, Electrical, Chemical, or Mechanical Engineer Surveyor SECTION 22: For every person conducting, managing, carrying on, or engaged in any business herein- after enumerated in this Section shall pay a license fee of $25.00 per annum. Chiropodist Chiropractor Dentist Optometrist Occulist Optician Osteopath and Physician Surgeon �, Veterinarian L e 3 -SECTION 23: 2 3, k actual gross transactions which the Osteopathist e for 11- For every person n } 04) conducting, managing, carrying on, or engaged in any business herein- after enumerated in this section shall pay a license fee of $25.00 per annum. Check cashing Insurance. salesman or broker Real estate broker Bonds -fidelity, indemnity, faith- ful performance or ball Stocks and bonds —federal, state — county or municipal stocks or bonds, or stocks or bonds of incorporated companies, or evidences of indebtedness of private persons or of incorp- orated companies SECTION 24: For every person conducting, managing, or operat- ing the business of Auctions and Auctioneers, shall pay a license fee of $5.00 gre'r ,lay. SECTION 25: For every person conducting, mana,gi , or operat- ing the business of Ante, Wrecking shall pay a license fee of $20.00 per quarter. SECTION 20: For every person n conducting, managing, or omelet. �<7.61a aundry ing the business of public danced ,....A> , Dry Cleaning halls shall pay a license fee _,°fib_IQ-t s Retail Bottled Water Sales. $300.00 per annum. O.xO. petal* section license fee herein in this SECTION 27: For every pers section specified is in addition to all other license fees due and payable the City of National City. ea- 3. conducting, managing, or joperat- ing the business of fortune telling shall pay a license fee of $600.00 Per annum. SECTION 28: For every person conducting, managing, or operat- ing a business in which Ice cream carts, wagons or vending vehicles are used. shall pay a license fee of $90.00 per annum per cart, wagon, or vending vehicle. aarrs^c'- td Ord 11a5� SECTION 29: For every person conducting, managing, or operat' ing a business In whch taxi cabs or for -hire vehicles are used, shall pay a license fee of $50.00 per an- num for each such taxi cab or for - hire vehicle. SECTION 30: The license fee provided in Sections 24 25, 26, 27 28, and 29 of this Ordinance, shall be in addition to all other license fees required by this Ordinance. SECTION 31: Every person act- ing as a peddler or solicitor as herein defined shall paya Hach fee of $5.00 per day.��Cr Each agent, serve t, or�''eiSi'ill ee of a peddler or solicitor shall be licensed under the provisions of this Ordinance and said - agent, servant or employee shall procure and be liable for the payment of the license fee herein prescribed, the same as his employer. SECTION 32: Every person con- ducting, managing, and carrying on the business of operating, own- ing, or controlling a Trailer Camp as defined in Ordinance No. 052, and as amended by Ordnance Nei. 692 shall pay a license fee oaf $50.00 Per quarter. , a SECTION 33: not 'every Trailer as defined in Ordinance No. 02, and as amended by, Ordinance No, 692, not located Within the con- fines of any licensed trailer canna, as in this Ordinance defined, there shall be a permit fee of $2.00 per month. This .permit shall be for the purpose of defraying the ex- pense of protecting the public health and general welfare of said City, and shan be of a . tetnpot:0.l!y duration of thirty (30 ,days. Said permft may be renewed Upon ap- plication therefor. SECTION 34: )for each and ev- ery person owning, operating, con- trolling. managing. a business, and the property of which fs not en the tax rolls of said City, and who operates, drives, or controls any automobile, automobile tank, truck, wagon or any other road vehcle in connection with said business within the limits of the City of National City, California, shall pay to said City a license fee as follows: 1. For each and every auto- mobile, automobile tank, truck, wagon, or any other road vehicle used in a retail business operation within said City. the sum of $75.00 per annum. - 2. For each and every auto- mobile, itutomebile t a n k, truck, wagon, or any other road vehicle used, in a wholesale business operation within said City, the sum of $10.00 per annum. For each and every automo- bile, automobile tank, truck, wagon, or any other road ve- hicle used in any business op - ration not In this section here- tofore mentioned, within said City, the sum of $10.00 per annum. The license fee herein in this section specified is in addition to all other licenses due and payable the City of National City. SECTION 35: That. each and every person owning, operating, con- trolling, or managing the following described business, or businesses of a similar nature, the property of which is on the tax rolls of said City, and who operate, drive, and/or control any automobile, truck, auto- mobile tank, wagon, or any other road vehicle, in connection with said besincss within the limits of the City of National City, California, shall pay to said City as a license fee for said vehicle, the sum of $25.00 per annum for each and every said vehicle used In said business: Bakery Battik Retail Ice iDelivery SECTION 39: The City License .1,, ),0I ollector shall issue a receipt for Oach separate pool table, billiard -'•S - I table, card table, or bowling alleyu,‘., license as in this Ordinance required. h.M and such receipt shall be attached to such pool table, billiard table, card table, or bowling alley, and preserv- c ,'i, ed thereon during the full term for which said receipt was issued. !+t - — SECTION 40: For every person"`'mot' �" onducting, managing, carrying on I the business of pawnbroker shall pa]6 R the sum of $100.00 per annum. � \-1.)—a Y, For the purposes of this Ordinance) C '' the term `pawnbroker" shall be con- '6`14c str'Ued to meats and include every person conducting, managing, or carrying on the business of loaning money either for hitAelf br for any other person, upon any personal pro- perty, personal security, or pur- chasing personal property and re- selling or agreeing to resell such articles to the vendor or other as- signees at prices previously agreed upon. That nothing in this section con- tained shall be deemed or construed to apply to the loaning of money on personal property or personal security by any bank authorized to do so un- der the law of the State of Califdrnia. SECTION 41: For every person conducting, managing, carrying on14 the businesses of shooting galleries orC:,.,-.a.. penny arcades shall pay the sum of $100.00 per annum. Q' For the purpose of this Ordinance, get the term "Penny arcade" is de- fined to be one general enclosure in which is conducted the business of operating or exhibiting any phono- graph, graphophone, marble and pin ball games limited to one penny, talking machine, kinetoscope, bio- graph, projectoscope, or any other instrument or machine of like char- acter, for the use of which a com- pensation or fee is charged, and exhibiting, showing, or letting the use of any microscope, lung tester. muscle tester, galvanic battery, weighing machine, or machine of like character, for a money .consideration. SECTION 42: The license fee or rate for every person transacting, engaging in, managing, conducting, or carrying on any business, show, exhibition," or game for which an SECTION 36: Every person con- ducting, managing or carrying on the business of a pool hall or bil lia.rd hall, shall pay a license fee of''r`- $100.00 per annum, and in addition,iS thereto, shall pay the sum of $2.00 a.,'. per month for each and every pool i J table or billiard table. �t Section 37: Every person conduct- ing, managing, or carrying on theme business of a card room shall pay o+e+ e license fee of $100.00 per annum. — and in addition thereto, shall pay the sum of $5.00 per _m ntli for acla and every card table. SECTION 38: Every person con- ducting, managing or carrying on the business of a bowling alley ' pay a license fee of $100.00 per'\a,t annum, and in addition thereto, shall tl,_„, pay the sum of $5.00 per month for each and every alley therein. ?OS Indviduai admission fees $ .50 inc. $ .01. Individual admission fees $1.00 inc. $ .02. Individual admission fees $1.50 Inc. $ .03. Individual admission fees $2.00 inc. $.04. Individual admission fees $2.01 and over $.05. The license fee and section provided shall payable to the City pf on or before the 10th succeeding inonth, for month's admission fees. rate in this be due and National City day of each the previous The license fee in this section pro- vided shall be In addition to all j other ii'censes due and payafile to tY1'e r-r` �'�4;,{ City of National City, California. SECTION 43: For ever y person conducting, managing, carrying on, '� >t or operating a circus or other similar 13 'exhibition, shall pay a license fee of ;;,_... 25.00 per day. The license Yee in this section pro- `' �- vided bhah be in addition to all other 1, �� licenses due and payable to the City 1 l`�jCj Of National City, California. Ir SECTION 44: For every person to condueting, managing, or carrying on j2r any theatre, show, exhibition, circus, w carnival, wrestling match, boxing 211Athatch, dancing, or other amusement 1)-p for which an admission fee is charg- 1 red, collected, or received, in any tent or temporary place of business, shall "fleposit Withthe City License Col - ,lector, a cash bond in the amount of :$2,000.0Q1 or a bond in a like amount issued by a surety company author- ized by laws of the State of Califor- nia to issue such bond, for the faith- ful performance of the provisions of this Ordinance, and all other provi- 'ions of other, ordinances in force rnd effect in the City of National ity, California. The aforesaid bond will only be required to be posted by the aforesaid businesses when such business is to be conducted for a period less than thirty (30) days. SECTION 45: For every person conducting, managing, or carrying on the business oY operating or main- taining automatic scales, weighing devices, b1 pehny in -the -slot machines, shall pay $3.00 per annum for each such device. The City License Collector shall issue a separate receipt for each such autoriiatie scale, weighing de- vice, or penny in -the -slot machine, which shall be attached to and maintained thereon for the full term of the year for which the receipt is issued. Section 46: Every person owning operating, managing, or controlling any music device operated by coin or slug. shall pay $3.00 per quarter for each such device. The City License Collector shall issue a separate receipt for each. such music device, which shall be attached to and maintained thereon for the full term for which the re- ceipt is issued. SECTION 47: Every person own- -, ing, operating, managing, or con- trolling any mechanical play or amusement machine which is used or permitted to be used by the deposit of a coin, In any slot, crevice, or other opening, or by the deposit of any plate, disk, or slug therein, Which said slug, disks, or plates may be acquired or purchased from any source whatsoever, shall pay $10.00 per quarter per each such amusement machine. The City License Collector shall lsaue a separate receipt for each such amusement machine, which shall be attached to and maintained there- on for the full term for which the re- ceipt is issued. 'SECTION 48: For every person owning, operating, managing, or con- trolling any vending machine not here- 1yniz:. inbefore otherwise specifically defin- � ed in this Ordinance and which is coin or slug operated, shall pay a license fee of 53.00 per annum. The City License Collector shall issue a separate receipt for each such coin or slug operated vending mach- ine, which shall be attached to and maintained thereon for the full term for which the receipt is issued. SECTION 40: For each and ev conducting a binwithin City of National Ciusty, noesst herein admission fee is charged, collected, !specifically licensed or licensed by any sale. The owner of said property or received, shall be based upon the 'other ordinance in the City of Na- or his agent may redeem the property individual admission fee charged, i tional City, shall pay a license fee at any time prior to said sale by collected, or received, and in the t on the gross receipts of said business payment of the delinquent amount due following manner: i as specified in Section 15 of this Ordi- for such license and the penalties ad- i nance. ded thereto. If there are no bidders $ ,10 to i SECTION 50: Failure to display at said sale, title to said property f a license or receipt as in this Ordi- shall pass to the City of National City $ .51 to ' nance provided shall constitute a and may be sold at private sale upon !violation of this Ordinance :and every approval of the City Council. person required by this Ordinance to All costs of sale and expenses of $1.01 to procure and display such license or seizure shall be a charge against the owner of said property. If the property sold at public auction does receipt shall then be liable to the $1.51 to ( penalty for a violation of this Ordl- not realize the amount due and de- linquent, nance. ._..linquent, together with the penalties 1„ -SECTION 51:' The City Council, and costs added thereto, which are may—at"7ts-'option and good cause due, owing, and unpaid from the appearing therefor, waive the pay- owner of said property, the difference ment of any license tee imposed by shall be a debt of said owner to the this O'i'dinance for the conducting or City and may be collected by suit staging of any concert, exhibition, or otherwise. lecture or entertainment of the na- If the property sold at public sale ture of which in, view of public mor- shall realize more than the amount als and Weld being, meets with the due and owing and unpaid from said approval of the Chief of Police and owner, the balance thereof shall be City Council, and where the major delivered to the owner of said proper - portion of the receipts, if any, de- ty rived therefrom are to be used solely for charitable or benevolent iSECTION 54: Every license issued purposes within the City of National under and by virtue of the provisions City, and not for the purpose of of this Ordinance shall be subject to private gain. revocation by the City Council, and The City Council, may at its option said revocation shall be based upon and good cause appearing therefor, a failure to comply with any term waive the payment of any license or terms of this Ordinance or that fee required by this Ordinance to the holder is an unfit person to be be paid by any religious. charitable, entitled to the privilege granted by fraternal, educational, miYitaiy. 'state, the license. or county or municipal organization for the conducting or staging of any entertainment, dance, concert. exhi- bition, or lecture, the nature of which in view of public morals and well be- ing. meets with the approval of the Chief of Police and the City Council, where the major portion of the re- ceipts. If any, derived from any of the same are to be used wholly for the benefit of such organization and not for the purpose of private gain of anv individual or any Credit Union enrporation organized under the pro- visions of Act 1887. Statutes of 1927, nage 51. as amended. and actualty operating for the purposes of and in the manner prescribed by said Act 1887. SECTION 52: If any person liable for a tax or license fee based upon gross receipts or upon the number of admissions as in this Ordinance provided, shall sell out his business or stock of goods, or shall quit his business, show, exhibition, or game, such person shall make a final re- turn within fifteen days after the date of selling or quitting such busi- ness, show. exhibition, or game, and said tax or license fee shall then and there be due and payable. The amount shown shall constitute the annual gross receipts or number of admissions. The successor, if any, to such business. show, exhibition, or game. shall be required to withhold sufficient of the purchase money to cover the amount of such taxes or license fees, and Interest or penal- ties due and unpaid until such time es the former owner shall produce a receipt from the City License Collect- or showing that they have been paid, or a certificate stating that no taxes or License fees are due. If the pur- chaser of a business, show, exhibi- tion. or game, or stock of gods shall fail to withhold purchase money as above provided. he shall be person- ally liable for the payment of the taxes or license fees. interest. and penalties secured and unpaid on ac- count of the operation of the busi- ness, show, exhibition. or game of the former owner: end no new license shall be issued to said successor un- til said sums found to be due and owing are paid. SECTION 53: Upon the failure of any person operating such business or any business as in tl,Is Ordinance provided to secure a license and pay license tax therefor as herein provid- ed at the time and manner herein specified, all personal property not exempt from execution, and located within the limits of the City of National City, shall be seized and held by the City License Collector of the City of National City. until such license tax shall be paid and a license issued therefor. If said license fee is not paid nor a license issued within thirty (30) days after seizure, said property may be sold by the City License Collector at public auction to the highest re- sponsible bidder, after giving due no- tice of the time, place, and date of said sale by advertising thereof in a newspaper published in the City of National City, California, by two successive Insertions of said notice of sale. Said sale shall net be held less than fifteen (15) days after the first publication of said notice of The City License Collector shall de- liver a notice in writing either per- sonally or by mail to the person or business, holding said license, stating that he is recommending to the City Council the revocation of his license, And a brief summary of the reasons therefor. Said notice shall contain the date, time and place when each such recommendation shall be made to the City Council. At said time and place as stated in the notice, the li- censee may appear and be heard by the City License Collector, or some other interested person, said City Council may revoke said license. If said licensee appears, the City coun- cil shall set a time and place for said hearing of said recommendation for said revocation. At said time and place as set by the City Council, a hearing shall be had. The City Council shall rule upon said revoca- tion, and its decision shall be final. SECTION 5.5: The City Council may upon application therefor, and good cause being sh'et5n, Waive any or all penalties and interest upon a license. SECTION 56: Allspecific provi- sions of this Ordinance shall control over general provisions. SECTION 57: This Ordinance shall not be construed as providing for or exacting a license fee from any per- son dealing in interstate commerce. SECTION 58. This Ordinance shall never be construed or held as licens- ing or permitting the carrying on of any unlawful tr'ade, balling, oocOna tion, game, or amusement, and every such trade. calling, occupation, game, or amusement is prohibited, and no license shall be granted or issued I � therefor. rr// �..v. ISECTION 59: If the licenst-in this Vv Ordinance provided shall not be paid on or before the 30th day of the u • month following the date when it Q-46 shall become due, as in this Ordi- nance provided, then a penalty in the amount equal to 25% of the license tax due and payable shall be added thereto, and no license shall be is- sued until such penalty shall have been paid, and in addition thereto, such delinquent licensee shall be liable for prosecution and the penalty here- in provided. for failure to pay his license as required by this Ordinance. SECTION 60: If any section, sub- section, sentence, clause, word or phrase of this Ordinance is hereafter for any reason held to be unconstitu- tional or un-enforceable, such deci- sion shall not affect the validity of the remaining portions of this Ordi- nance. The City Council of the City of National City hereby declares that it would have passed this Ordinance, and each section, sentence, clause, word, phrase, hereof, irrespctive of the fact that any one or more sec- tions, sub -sections, sentences, clauses, words, or phrases be declared un- constitutional or un-enforceable. SECTION 61: That Ordinance No. 663 passed and adopted November 15, 1938 and Ordinance No. 600 passed and adopted April 1, 1930, are, and each of them is, hereby repealed; that each and every section of any Ordi- nance of the City of National City licensing businesses or occupations 708 herein in this Ordinance licensed; and not consistent herewith, are hereby repealed; provided, however that the effective date of said repeal shall be upon the effective date of this Ordi- nance, to -wit: January 1, 1945. The remaining sections of said ordinances shall remain in full force and effect. Section 62: That the City Clerk of said City of National City, California be, and he is hereby authorized and directed immediately after the pas- sage of this Ordinance, to publish, or eause the same to be published, once in the National City News, a news- paper of general circulation printed and published in said City. SECTION 63: This Ordinance shall take effect and be in force from and �., s �� tr� after January45: L s PASSPhDD AANDD ADOPTED by t� ,,rs._ City Council of the City of National City, California, this 28th day of November, 1944, by the following vote, to -wit: AYES: Councilmen Christman, Cordingly, Newberry, Thatcher, FritZ NAYS: Councilmen None ABSENT: None Gilbert E. Fritz Mayor of the City of National City, California. ATTEST: Frank W. Rogers City Clerk. I hereby approve the foregoing Ordinance this 28th day of November, 1944. E. Mayor of the City oflbert Nationalritz City, California. I hereby certify that the above and foregoing is a full and true copy of Ordinance No. 708 of the Ordinances of the City of National City, Califor- nia, as adopted by the City Council of said City, and approved by the Mayor of said City; on the 28th day of November 184. "Fre`,nk W. City Clerk or the /City of City, Califorizia;fl AND I HEREBY CERTIFY that the same has 'been duly published accord- ing to law. CITY CLERK, CITY OF// NATIONAL CITY, CALIFORNIA.