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HomeMy WebLinkAboutCC ORD 1933-623 Business licensing (Not codified)ORDINANCE NO. 623 AN ORDINANCE PROVIDING FOR LICENSING CERTAIN BUSINESSES, P R'O V !DING PENAtiPIES FOR VIOLATION THEREOF, AND REPEALING ORDINANCES IN CONFLICT THER1KW1Tlt. THE CITY COUNCIL OF THE CITY OF NATIONAL CITY. do ordain as follows: Section 1. It shall be unlawful for any person, fur himself, or for any other person, firm or corpora- tion. to engage in or carry on. or to otter to engage in or carry on in the City of National City. any pro- fession, trade, culling or occupa- tion. or to maintain or conduct any business named and set forth in this ordinance, without having first secured from said City a license to do so uceording to each and every requirement in this ordi- nance, or without complying with each and every regulation pertain- ing to such business contained heroin. SMcttott 2 Every person, firm or corporation herein mentioned shall be required to secure a license, according to the require- ments of this ordinance. for each and every separate office. place location, establishment, plantor place of business where any hull-• sex+, trade, culling er occupation named or set forth in this ordinance is engaged in, carried on or eon - ducted by such person, firm or cor- poration. iMeetieu 3. All applications for licenses, as provld:d In this ordi- nance. shall be in writing and di- rected to the City Clerk, aocom- partied by the amount of money required for the period of time to be covered by the license µpith re- spect to the fee herein named for the particular business stated in such application. Section 4. Upon receipt of an application for a license. as herein provided, the City Clerk shall pre- pare and issue the same, stating in such license the amount thereof. the period of Hine covered thereby, the name of the person to whom issued and the particular business, trade. calling or occupation li- eens.d and the location or place of 'business where the same is to he carried un. Such license shall provtde when the Same is not a renewal of a Iieense previously existing that it is conditioned upon and subject to the approval of the City Council of the City of National City. 1t shall be the duty of the City Clerk to report all such licenses so granted to the City Council at its next succeeding meeting after the date of issuance of the license and the City Council shut/ there- upon either approve or disapprove such licenses. Upon disapproval thereof a pro-ratat portion of the license fee paid shall be refunded to the licensee for the unexpired terra of the license. Where the license sought is pay- able upon a daily rate or fee, it shall be the duty of the City Clerk before issuing same to secure 'the approval of the Chief of Police of the City of National City therefor and such daily license shall also be granted conditioned upon and subject to the approval of the City Council as herelnbefore provided. Section 5. AU license fees shall be paid to the City Clerk of the City of National City in lawful money of the United States. It shall. however, be the duty of the Chief of Police to enforce the col- lection of all licenses hereunder. Section 6. All persons, firms and corporations to whom licenses have been granted under the pro- visions of this ordinance and who desire "eon t '. expiration of the period for which such licenses have been granted to `,--- ^ the same re- newed, shall upon the'«nlretion of the period for which the licenses may have heen issued, secure a new license by applying to the City Clerk and paying the amount re- quired to be paid therefor. It shall thereupon be the duty of the City clerk to issue such renewal licensii which shall he issued without 'the approval of the City Council. Section :. No person. firm ur corporation. to whom a license has been issued under the provisions of this ordinance, who fails for more than fifteen days after the expiration of the time specified in said license toapplyfor a renewal thereof, shall be entitled to such renewal, but the license thereto- fore issued shall be deemed to he forfeited, and application must be made to the City Clerk as in the ease of an original application. Whoever shall fail for more than fifteen days after the xpirution of any Ileenst issued under the pro- visions of this ordinance to apply for a renewal thereof, shall be re- quired to pay a penalty of ten per c^fit (10^) of the amount of the License fee. Such penalty shall be collected by the City Clerk at the time of renewal of said license or If suid license be not renewed, then et the time of the issuance of a new license, if a new license be applied for. Section 8. The City Clerk shall furnish to the Chief of Polic,. a list of all licensees hereunder who have failed to apply for a renewal of their licenses within five days from expiration t It creel, and all police officers are hereby required to examine all places of business and persons in their respective beats or tours of duty who are re- quired to be licensed by this ordi- nance. and to enforce the terms of this ordinance. Section Y, The City Council may at any time, for any cause by it deemed sufficient. revoke any license herein provided for whieh has been granted or issued. '.Vhen any license has heen revoked, the City Council may or .may not, 1n its discretion, return that part of the paid license fee which is pro- portionate to the period which would otherwise have elapsed be- fore the termination of the license. Section le. All licenses issued under this ordinance are to be con- strued and held as licensing only the licensee named In the license areal are not transferable, separable or divisible without the consent of the City Council. Suction 11. All license fees shall be paid in ndvsnce and all applications for licenses corypre- hended in this ordinance, or re- newals thereof, shall be summarily rejected if not acco cope❑ied by the proper fee for the entire period of time to be covered by the license required. SecUen 12. Every person hav- ing a license under the provisions of this ordinance shall, while en- gaged or offering to engage in the business named therein, and during the period of time covered by such license, keep the shoe posted and exhibited in a conspicuous place at the place named in the -license, or on a vehicle described in license, if a fixed place in said City is named as the location for such business, otherwise the licensee shall keep the saute about his per- son. Section itt. The quarterly li- cense in this ordinance provided shall be due and payable on the first day of January, April, July and October of each year and ail such licenses shall expire on the last day of March, June. Septem- ber and December of each year, hutthe first quarterly license issued to any person as herein provided, strrrlt'*be issued for the unexpired one-third or two-thirds of the then current quarter. The daily license herein provided for may be issued at any time and for any number of days. The annual license herein provided for may he issued at any time and shall expire on the 31st day of De- cember of each year, but the first annual license issued to any person. as herein provided, shall be slssued for the unexpired portion of the then current year: provided that payment shall he required for the entire month in which said license is issued. Section 14. No license shall be granted or issued to any person to occupy for private purposes any part of any pubtie street, sidewalk, alley or other public place unlees such person shall file with the City Clerk the written consent of the person in possession of the real property shutting upon the pro- posed fixed location of the busi- ness, vehicle, stand, or other ob- ject contemplated by the person desiring such license. Nu lieense contemplated in this ordinance shall be granted ur is- sued to any person to occupy any portion of any public street, side- walk. alley or other public place in the City of National City at a point or place where there is congestion of traffic. Section 15. The Chief of Po- lice shall be chief inspector and all police officers are hereby ap- peinted inspectors of licenses and in addition to their several duties as police officers, are hereby re- quired to examine all places of business and persons liable to pay a license and to collect license fees at the direction of the City Clerk. They shall report to the City Clerk the name of all persons do- ing business without a license im- mediately upon the fact coming to their knowledge. $e et.ion 16. All rates of li- censes for businesses, trades, call- ings and occupations hereinafter named, shall be and the same are hereby fixed and established for and within the City of National City, according to the following schedules and the same ahail be paid by the persons, firms and/or corporations engaged in.. carrying on such businesses, trades, callings and occupations, as follows, to -wit: Article 1. ADVERTISING. For conducting the business of adver- tising, distributing posters, hand bills, dodgers, or other printed or written advertising ia a,lter of any kind, other than newspapers o1 general circulation as defined in the Polieltal Code of the State of California, Two Hundred Dollars ($200.00) per quarter. Any person, firm or corporation who distributes or causes to he des. trihuted any advertising matter of any kind as designated in this article shall he deemed to be con- ducting the business of nel v,•rtlsing. Article II. BOOK AGENTS. t•'mr each person acting as agent 1n soliciting the sales of books, Ten Dollars ($10.00) per day. Article I1I. BANKRUPT STOCKS. For conducting a sale of moods, waxes or ',torch:Utilise pur- chased of any bankrupt. estate and offered for re -sale by r purchaser thereof not already having an es- tablished place of hus?ness In said city or National City, the sum of Twenty-five Dollars ($25.00) per day: provided that the foregoing Provisions of this article shall not apply to judicial sales or to sales made by Executors or Administra- tors of the estate of deceased per- sons, or to sales ,Dade upon execu- tion, or by virtue of any process issued by any Court of competent ,imrisdietion. nor to any sale made ter- by any ;midi, officer In his official ;. capacity. required to he made under the laws of the United States !)or of the State of California. or '4 under any ordinance of the City \qf National i'ity. -_ ,%rtiele IV. JUNK AND AUTO \‘IIITTRT:'v`C DEALERS. For earryiag on the busim ss of ,funk ._. dealer or auto wreekiag dealer, Three: hundred Dollars ($300.00) pr•- year payable quarterly. For currying on the business of Junk collector, Fiftern Dollars (15.00) per quarter. Article V. \MEDICINE. F o r ;very transient merchant or ped- dler dealing in medicine upon any pubic street. open, tmen closed or vacant lot or parcel of land. whether the coquet sah of such ware is made upon such promises or elsewhere, Ten Dollars ($10.00) per day. Article VI. \fERCHANDI'SE For the selling of merchandise on the streets of the City of National city by exhibition, Ten Dollars ($10.00) per day. Article VII. NEWSPAPERS. (a) For conducting the business of publishing or circulating as a Na- tional city newspaper, any news- paper having a bona fide subscrip- tion list of paid subscribers, if more than fifty per cent of the mechanical work of producing .tld newspaper, that is to say the work of type -setting and impress- ing types on paper is performed) outside of the City of National City, the sum of One hundred Dol- lars (8100.00) per quarter. (b) For conducting the business of publishing or circulating as a National City newspaper, any mimeograph or neos:yle newspaper, if the mechanical work of printing said newspaper is performed out- side the Clty of National City, the F0m of Ninety Dollars ($90.00) per quarter. Article VIII. SHOOTING GAL- lery. For conducting a shooting gallery, 'Twenty-two and i, 0/100 ($22.50) Dollars per quarter. • Article IX. SOLICITORS, For soliciting of newspapers and maga- zines by any ono not having a regu- lar place of business in the City of National Clty, Twelve Dollars (812.00) per year. Article R. NO R E G T" L A R PLACE OF BUSINESS. For each person selling or contracting to sell merchandise of any kind or char- acter, not herein otherwise Pro- vided for, to persons not regularly engaged in carrying on such line of business, whether by sample or otherwise, Ten Dollars ($10.00) per day; provided this article shall not apply to persons who produce satisfactory evidence that they are engaged in interstate commerce. Section 17. Any person 'who shall violate any of the pro- visions of this ordinance shall he deemed guilty of misdemeanor and upon conviction thereof, shall be punished by a fine of not exceed- ing Three hundred Dollars ($300.- an) or by imprisonment in the City or County .fait for a period not ex- ceeding three months. or by both such fine and imprisonment. Any such person shall be deemed guilty of a separate offense for each and every day the provisions of this ordinance are violated, and for every day daring which any violation of this ordinance or its provisions continues, said person shall be punishable therefor as pert In provided. Section 18. The term "busi- ness" as used herein. shall include and mean the terms "profession", "I rude". "calling" and "oecupa- linn". The word "person" as used here- in, shall Include and mean "an individual", "a firth", "copartner- ship", and/or "corporation". Section 19. If any section, sub- section, article, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Coun- cil of the City of National City hereby declares that It would have passed this ordinance and each sec- tion, sub -section, article, sentence, clause, and phrase thereof irre- spective of the fact that any one or more of the s -,ctions. sub -sections, articles, clauses and phrases of said ordinance be declared unconstitu- tional. Section 20. All ordinances of the City of National City In con - Met herewith are hereby repealed. Section 21. This ordinance shall take effect and be in force on the thirty-first. ,lay from and after the date of its final passage. Section 22. The City Clerk shall certify to the passage of this ordi- nance and said ordinance shall be published once in the National City News. SIGNED AND APPROVED IIAROLT) P, REQUA, \fAYO}t. of the City of National City, California. ATTEST: I' ATHERINE KING, CITY CLERK of the City of Na- tional City, California. (SEAL) CERTIFICATE OF CITY CLERK I HEREBY CERTIFY that the foregoing Ordinance is a true and correct copy of Ordinance No. 623 of the City of National City, Cali- fornia, entitled: "AN ORDINANCE PROVIDING FOR LICENSING ('hat'TAIN IITJSINESSES, PROVID- ING PENALTIES FOR VIOLA- TION TIIER1 o1•' AND REPEAL- ING ORDINANCES IN CONFLICT THEREWITH"; that said ordi- nance was introduced and read at a meeting of the Clty Council of said City on the 21st day of March. 1933; that it was thereafter passed and adopted by said City Council at a regular meeting thereof on the 4th flay of April. 1933, by the following vote, to -wit.: AYES: Councilmen Pettit, \1':tde, Waddell. NOES: Councilmen Thatcher, Requa. ABSENT: Councilmen none. AND I HER ' _Y CERTIFY that the same has 'ern duly published accord) t, ate. •t Ci. C rk o the City of National City, Ifornia, (SEAL)