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HomeMy WebLinkAboutCC ORD 1938-663 Business licenses (Repealed by 708)6.3 ORDINANCE NO. 663 AN ORDINANCE PROVID- ING FOR THE LICENSING 01? CERTAIN OCCUPA- TIONS AND AMUSEMENTS, PROVIDING PENALTIES FOR T 11 E VIOLATION THEREOF, AND AMEND- ING ORDINANCE NO. 58;3, ENTITLED AN ORDINANCE REGULATING RESTAUR- ANTS, LUNCH COUNTERS, CAFES, CAFETERIAS, SODA FOUNTAINS, FRUIT STANDS, GROCERIES, AND OTHER PLACES IN THE CITY OF NATIONAL. CITY, CALIFORNIA, WHERE FOOD 1S PREPARED FOR. SALE, SOLD, DISTRIB- UTED, OR DISPLAYED FOR SALE, A N D PROVIDING FOR THE REGULATION OF ALL PERSONS IIANDLING FOODSTUFFS. The City Council of the City of National City, California do ordain as follows: SECTION 1. It shall he unlaw- ful for any person, persons, firm, co -partnership or corporation, or for any person, as agent, clerk or employee. either for himself or for any other person, firm, co -part- nership or corporation within the corporate limits of the City of National City, to transact, engage in or carry on any pursuit, trade, occupation, avocation, employment, business or calling. hereinafter specified, until he, she, they or it shall first obtain a license there- fore as in this Ordinance required. Each and every clay or fraction- al part of a day that said pursuit, t r ad e, occupation, avocation, employment. business or calling in this Ordinance specified is con- ducted or carried on without such license, shall constitute a violation of this Ordinance and any person, who, for himself, or for any other person, shall violate any of the provisions of this Ordinance. shall, for each violation thereof, he deemed guilty of a misdemeanor, and upon conviction by any court having jurisdiction thereof, shall be fined in a sum not move than S200.00, or by imprisonment in the CAA- jail not exceeding twenty-five days, or by both such fine and imprisonment. Annual licenses shall date from the first. day of January of each year which they are issued; no license shall be issued for the frac- tional part of a term; all licenses shall be paid for in advance and no rebate given for any unused portion of the term. All licenses issued under the pro- visions of this Ordinance shall be posted in the place of business of the licensee named, and the said license shall be produced by the licensee whenever the same shall he required by the chief of police or any officer of the City. It is hereby made the duty of the chief of police to enforce all the provisions of this Ordinance. No personal demand or notice by the chief of police to such person owing such license tax shall be necessary to incur the penalties of this Ordinance. SECTION I1. All licenses issued under and by virtue of this Ordin- ance shall be printed in plank form, signed by the Clerk of the City of National City, California, counter signed by the chief of police, who shall set forth the name of the party to whom the license is issued, the nature of the trade or business. he, she, they, or r, are licensed to pursue, the time for which the same is granted, the date thereof, and the amount paid therefor. Licenses shall be filled out in triplicate, the original to be delivered to the licensee, one copy to be delivered to the chief of police, and the remaining copy to be retained by the City Clerk. The City Clerk shall collect all moneys for such licenses and be account- able for the same, and shall issue licenses only upon the written approval of the chief of police who may deny said license to any said licensee who in his discretion is not a fit and proper person to manage or conduct said business or occupation and/or said busi- ness would be detrimental to the welfare, health and best interests of the City of National City. Said licensee shall have the right to appeal to the City Council from said decision of the chief of police denying his said license. The said applicant for a license shall file a notice of appeal and a grounds therefor with the City Clerk of the City of National City, California, within five days after heing noti- fied that said license was refused, and said Council shall hear and determine the same at the next regular meeting. SECTION III. Each license granted or issued under any pro- vision of this Ordinance shall authorize the licensee to transact or carry on the business or calling therein named, at the place there- in designated, and at no other place, and the said license shall not be assignable or transferable. However, a change of location shall be allowed to the owner of the license upon the payment to the City Clerk of the sum of $1..00 and upon the approval of the chief of police. The City Clerk shall make a charge of $1.00 for each duplicate license issued to replace any license issued under the provisions of this Ordinance which has been lost or destroyed. All licenses issued under this Ordinance shall he revokable at any time that the chief of police should decide that the premises wherein any business described art not in good and sanitary condi- tion or have become dangerous or affect the public peace, health, or quiet. And no further license shall be issued thereon until such prem- ises shall have been put in a safe and sanitary condition. SECTION IV. The rate of license for carrying on the pur- suits, trade, occupation, avocation, employment, business or calling specified in this Ordinance shall be as hereinafter provided in the following sections. SECTION V. For every person conducting, managing or carrying on the business, or engaged in any business hereinafter enumerated in this Section shall pay a license of $5.00 per annum. Architect Assayer Attorney at Law Auditor Accountant Chemist Chiropodist Civil, Electrical, Chemical or Mechanical Engineer Chiropractor Dentist Optometrist Occulist Optician Osteopath or Osteopathist Physician Surgeon Sign Painter Veterinary SECTION VI. For every person conducting a service station wherein gasoline, oil or other ser- vice supplied to automobiles are sold in conjunction with some other business shall pay a license fee of $7.50 per annum. SECTION VII. The rate of license for conducting, carrying on, or managing any business for which a license fee is not collected under the provisions of any other Ordinance of the City of National City or mentioned specifically herein shall be $5.00 per annum. SECTION VIII. Every person, firm, or corporation owning, leas- ing or controlling vending machines which vend tobacco, cigars, cigarettes, matches or other forms of tobacco, shall pay a license fee of $5.00 per annum per machine. Each person, firm, or corpora- tion, owning or leasing a weigh- ing machine for hire shall pay a license fee of $3.00 per annum per machine. SECTION IX. Any person, firm or corporation conducting more than one business in the same store room, shall not be required to pay more than one license tax, provided, however, such additional business so conducted by him shall be one that is ordinarily and cus- tomarily conducted in connection with such other business. SECTION X. The rate of license for each game of amusement con- ducted, managed or controlled in the City of National City, and open to the general public, shall he $5.00 per quarter. SECTION XI. For each person, firm or corporation owning, using, operating, renting or leasing any truck, automobile, motor vehicle, or wagon, used in a retail busi- ness in said City of National City shall pay the sum of $25.00 per annum per vehicle used in said retail business, excepting there- from, those retail businesses or oc- cupations where a different license fee is specified for each automo- bile, truck, or wagon or other vehi- cle in some other Ordinance of the City of National City, California, and excepting therefrom those vehicles used in delivery or service incidental to another business licensed by and located in the City of National City. SECTION XII. For every per- son, firm or corporation owning, operating, driving or controlling any automobile, truck, wagon, or other road vehicle used in the wholesale business of said person, firm, or corporation, operated within the city limits of the City of National City, California, shall pay to said City, as and for a license fee, the sum of $10.00 per annum, for each and every auto- mobile, truck, wagon, or other road vehicle used in said whole- sale business, excepting therefrom, those wholesale businesses or occupations where a different license fee is specified for each automobile, truck, wagon or other v:shicle in some other Ordinance of the City of National City, California. SECTION XIII. This Ordinance shall not he construed as provid- ing for or exacting a license fee from any person, firm or corpora- tion dealing in interstate com- merce. SECTION XIV. The amount of any license imposed by this Ordin- ance shall be deemed a debt to the City of National City and may be recovered in a civil action in any court of competent jurisdic- tion. SECTION XV. This Ordinance shall never he construed or held as licensing or permitting the ea"rying on of any unlawful trade, calling, occupation, game or amusement, and every such trade, calling, occupation, game or amusement is prohibited, and no license shall be granted or issued therefor. SECTION XVI. That Ordinance No. 583, City of National City, California, entitled, An Ordinance Regulating Restaurants, Lunch Counters, Cafes, Cafeterias, Soda Fountains, Fruit Stands, Gro- ceries, and Other Places in the City of National City, California where Fond is Prepared For Sale, Sold, Distributed, or Displayed for Sale, and Providing for the Regulations of All Persons Hand- ling Food Stuffs, is hereby amended and SECTION 11/2 is added thereto and made a part and parcel thereof. "SECTION 1 t/:. That each person, firm or corporation making application for the per- mit referred to in Section 1 shall pay a license fee of $2.50 per annum for said permit, payable to the City Clerk of the City of National City, Califor- nia." SECTION XVII. If the licenses in this Ordinance provided for shall not he paid on or before the 15th day of the month following the date when they shall become due, then a penalty of 25% of the license tax due and payable shall be added thereto, and no license shall be issued until such penalty shall have been paid, and in addi- tion thereto, such delinquent shall be liable for prosecution and the penalty herein provided, for fail- ure to pay his license provided for in this Ordinance. SECTION XVIII. If any sec- tion, sub -section, sentence, clause, or phrase of this Ordinance is hereafter for any reason held to he unconstitutional or un-enforce- able, such decision shall not effect the validity of the remaining por- tions of this Ordinance. The City Council of the City of National City hereby declares that it would have passed this Ordinance, and each section, sentence, clause or phrase, hereof, irrespective of the fact that any one or more sec- tions, sub -sections, sentences, clauses, or phrases be declared unconstitutional o r on -enforce- able. SECTION XIX. This Ordinance shall he published once in the National City News, a newspaper of genera] circulation, printed and published and circulated in the City of National City, California and this Ordinance shall take effect and be in force from and after thirty-one days after final passage. PASSED AND ADOPTED by the City ('ouncil of the City of Na- tional City, California, this 15th day of November, 1938, by the fol- lowing vote, to -wit: AYES: Councilmen Cordingly, Kilcrease, Thatcher, Warner, Bird. NAYS: "ouncilmen — None. ABSENT: — None. D. W. BIRD, Mayor of the City of National City, (SEAL) California. ATTEST: Dale Smith, City Clerk. I hereby approve the foregoing Ordinance this 15th day of No- vember, 1938. D. W. BIRD, 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. 663 of the Ordinances of the City of National City, California, as adopted by the City Council of said City, and ap- proved by the Mayor of said City, on the 15th day of November, 1938. DALE SMITII, City Clerk of the City of National City, (SEAL) California. By HELEN GIBBS .IOHNSON, Chief Deputy. 663