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HomeMy WebLinkAboutOrdinance #10 ORDINANCE NO. 10. AN ORDINANCE PROVIDING FOR LICENSING AND REGULATING CERTAIN KINDS OF BUSINESS TRANSACTED AND CARRIED ON IN THE CITY OF HUNTINGTON BEACH, PROVIDING FOR THE METHOD OF COLLECTION, AND FIXING THE PENALTY FOR VIOLATION THEREOF, AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. The Board of Trustees of the City of Huntington Beach do ordain as follows. Sec. 1. — It shall be unlawful for any person, whether as principal or agent, owner or employee, either for himself or any other person, or for any body, corporate or otherwise, or as officer of any corporation, to commence or carry on within the corporate limits of the City of Huntington Beach any business, trade, calling, profession or occupation in this ordinance specified without having first procured a license from said City so to do, and each and every day or fractional part of a day that said business, trade, calling, profession or occupation in this Ordinance specified is conducted or carried on without such license shall constitute a violation of this Ordinance; and any person who shall for himself or for any other person or persons, or for any body, corporate is otherwise, commensced or carry on such business, trade, calling, profession or occupation a forsaid without first having procured such license, shall, for each violation of this ordinance, be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not more than Fifty Dollars ($50.00) or imprisoned for a terms not exceeding ten (10) days or shall be punished by bothe fine and imprisonment, in the discretion of the Court; and the amount of such license shall be deemed a debt due to said City of Huntington Beach and such person shall be liable to an action in the name of the City of Huntington Beach, in any court of competent jurisdiction, for the amount of the license of such business, trade, calling, profession, or occupation as he shall or they may have engaged in, with costs of suit. Sec. 2. — It shall be the duty of the City Clerk to prepare and issue a license under the Ordinance for every person liable to pay a license thereunder, duly signed by the President of the Board of Trustees of said City, the City Clerk and attested with the City Seal. and to state in each license the amount thereof, the period of time covered thereby, the name of the person, firm or corporation for whom issued, the business, trade, calling, profession or occupation licensed and the location, or place of business where such business, trade, calling, profession or occupation is to be carried on. And the City Clerk shall deliver such license to the City Marshal and Ex-officio Tax and License Collector for collections, taking his receipt therefore, and charging him with the amount thereof. In no case shall any mistake by the City Clerk in stating the amount of license, present or prejudice the collection for the City of what shall be actually due, with all the costs, against anyone for carrying on said business without a license, or refusing to pay the license fees specified herein. ORD.010 1 Sec. 3. — The City marshal and Ex-officio Tax and License Collector shall proceed at once to collect such license and shall, on or before the first Monday in each month, deliver to the City Clerk, the delinquent list of licenses uncollected by him for the previous month, and also deliver to the City Clerk a list of all persons whom he believes not to be on the license list, and who should be charged with the payment of licenses; and he shall pay over to the City Treasurer all licenses collected by him in said month, taking the City Treasurer's receipt therefore which he shall file with the City Clerk. It shall be the duty of the City Clerk immediately after the delinquent list has been delivered to him, to make an entry of delinquent licenses and the amount thereof, and to deliver the same, to the City Marchall and Ex-officio Tax and License Collector, whose duty it shall be to at once proceed to collect the same, in his discretion, by suit or otherwise. Sec. 4. — All licensees shall be paid in advance, in lawful money of the United States, on the day of issuance and each license shall authorize the party obtaining it to carry on, pursue or conduct only that business, trade, calling, profession or occupation described in such license. Sec. 5 —. 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 period of time, other than is provided in the Ordinance. Sec. 6. — Every person, firm or corporation having a license under the provisons of this Ordinance and carrying on a business, trade, calling, profession or occupation at a particular place of business, shall keep such license posted and exhibited while in force in some part of said place of business. Every peddler of good, wares or merchandise shall carry his license with him at all times while engaged in peddling. All persons, firms or corporations having a license, shall produce or exhibit the same when applying for a renewal and whenever requested to do so by the City Tax and License Collector or any police officer of said City. Sec. 7. — The City Marshall and Ex-officio Tax and License Collector, and all police officers of said City, shall have and exercise the power first, to make arrests for the violation of any of the provisions of this Ordinance; second to enter, free of charge, any place of business for which a license is required and provided, and to demand the exhibition of such license for the current term from any person engaged or employed in the transaction of such business; and if such persons shall then and there fail to exhibit such license, such persons shall be liable to the penalty provided in Section 1 of this Ordinance. It is hereby made the duty of the City Marshal and Ex-officio Tax License Collector to cause complaints to be filed against all persons violating any of the provisions of this Ordinance It shall be the duty of the City Marshal and Ex officio Tax and License Collector to watch for all traveling agents and vendors, and shall collect the license for which they are liable. ORD.010 2 Sec. 8. —The conviction and punishment of any person for transacting any business, trade, calling, profession or occupation without a license, shall not excuse or exempt such person from the payment of any license due or unpaid at the time of such conviction, and nothing contained herein shall prevent a criminal prosecution for any violation of the provisions of this Ordinance Sec. 9. — The rates of licenses for the businesses, trades, callings, professions and occupations here in after named, shall be, and the same are hereby fixed and established for and within the city of Huntington Beach, according to the following schedule, and the same shall be paid by all persons, firms, or corporations engaged in such businesses, trades, callings, professions or occupations as follows, to wit: Sec. 10. — Paragraph 1. For every person, firm or corporation engaged in or carrying on the business of keeping or selling real estate on commission, or of making loans for others on commission, or negotiating as agent for others, in the transfer or sale of real estate in whatever manner the transactions are conducted on profits determined upon, $10.00 per year. Paragraph 2. For each agent for apparatus, books, charts, implements, inventions, maps, musical instruments, paintings, sewing machines, and all other articles sold to consumers by or through canvassers directly to consumers, whether the canvassing be done for immediate or future delivery, $12.00 per year or $2.00 per day. Paragraph. 3. For every person, firm or corporation conducting, managing or carrying on a billiard, bagatelle or pool table (excepting only such as are kept in private houses for family use, and excepting also such as are kept in a club or lodge room where no fee is charged for the use of the said table)for each table standing in the room or hall. $7.50 per year. Paragraph 4. For every person, firm or corporation carrying on or conducting a shooting gallery, skating rink, bowling alley or merry-go-round, roller coaster, ferns-wheel or other similar device $5.00 per year or $3.00 per day. Paragraph. 5. For hotels, three dollars ($3.00) to Five dollars ($5.00) Paragraph. 6. For stores, shops and warehouses, from twenty five cents (250) to One Dollar($1.00) Paragraph. 7. For bath rubs in bath houses, Twenty five cents (250)for each tub. Paragraph 8. For every person, firm, or corporation conducting or carrying on the business of selling confectionery ice cream, soda or other soft drinks, tobacco, pop corn, peanuts, fruits, tamales, or any combination of the same, $12.00 per year, including all branch stores. ORD.010 3 Paragraph 9. For every person firm or corporation engaged in the business of bill posting, $5.00 per year or $1.00 per day. Paragraph 10. For every person, firm or corporation keeping any bull,jack or stallion within the City of Huntington Beach for breeding purposes, $2.50 per year for each such animal. Paragraph 11. For every person, firm, or corporation engaged in the business of conducting a butcher shop from a fixed store, $12.00 per year. Paragraph 12. For every person, firm, or corporation engaged in the business of conducting a butcher business from a wagon or other vehicle, where the stock in trade is carried in such wagon, or other vehicle, for each such wagon $15.00 per year. Paragraph. 13. For every person, firm or corporation carrying on the business of conducitng a livery or sales stable, $12.00 per year. Paragraph 14. For every person, firm, or corporation conducting the business of carrying and delivering freight or goods for hire, by dray, wagon or cart, $5.00 per day. Paragraph. 15. For every person, firm, or corporation maintaining a cheap John stand or wagon for the advertisement or sale of patent medicines or other merchandise; all small shows of persons, contrivances, curiosities, freaks, views, or works of art; all open-air shows, or those intents or transient enclosures, where the object is advertisement or profit in what so ever manner collected, $2.50 per day. Paragraph. 16 For every person, firm or corporation carrying on the business of managing, conducting or carrying on a circus, in the said City of Huntington Beach, $20.00 per day. Paragraph. 17. For every person, firm or corporation conducting a concert, lecture, theatrical performance, or indoor entertainment generally, where an admission fee is charged $2.50 per day; provided that no license shall be charged where by previous arrangement, at least one-third of the net receipts are devoted to some educational, religious or eleemonsary purpose in the City of Huntington Beach. Paragraph. 18. For every person firm or corporation conducting or carrying on the business of supplying customers with electricity, for the purposes of light, heat, or power $25.00 per year. Paragraph 19. For every person firm or corporation conducting or carrying on the business of supplying customers with water for domestic or irrigation purposes, having over fifty (50)taps on the main, $25.00 per year. Paragraph. 20. For every person firm or corporation conducting or carrying on the business of supplying customers with gas, for fuel, or lighting purposes $25.00 per year. ORD.010 4 Paragraph. 21. For every person firm or corporation conducting or carrying on the business of supplying customers with telephone service to points within the State of California, $25.00 per year. Paragraph 22. For every person firm or corporation conducting or carrying on the business of supplying customers with telegraph service to points within the State of California $25.00 per year. Paragraph 23. For every person firm or corporation conducting the business of running a fish wagon and selling the flesh of fish therefrom, $2.50 per year for each such wagon. Paragraph 24. Every person firm or corporation conducting or carrying on any merchantile business of any kind whatsoever, or conducting or carrying on any business in any store or place in the City of Huntington Beach, whatever goods, wares or merchandise of any kind, nature or description not otherwise in this ordinance provided with a separate license are sold, as follows: When the stock on hand in such business is of value of$250.00 or under, $2.50 per year. When the stock on hand in such business is of value of over $250.00 or under $750.00, $5.00 per year. When the stock on hand in such business is of value of$750.00 or over $12.00 per year. Provided, however, that grocery stores may establish branch stores with0out payment of an extra license. Paragraph. 25. For every person firm or corporation conducting, managing or carrying on a hotel and charging more than $1.00 a day for board and lodging for guests, $10.000 per year. When the charge to guests as a forsaid is $1.00 per day or less, $5.00 per year. Paragraph. 26. For every person, firm or corporation conducting, managing or carrying on a restaurant, cafeteria, lunch counter, chop-house or lunch wagon, $3.00 per year; providing that no license shall be charged for any branch lunch counter opened temporarily by any one who has under the provisions of this ordinance paid a license to conduct, manage or carry on a restaurant, cafeteria, lunch counter or chop-house. Paragraph 27. Every street vendor of popcorn, peanuts, novelties, candy, tamales, or sundry merchandise shall pay a license of$5.00 per year. Paragraph 28. For every person, firm or corporation conducting or managing or carrying on the business of fire insurance for profit and having a regular agency in the City of Huntington Beach $5.00 per year for each and every such company; those persons, firms or corporations carrying on such business through a traveling agent, and having no regular agency ORD.010 5 in the City of Huntington Beach shall pay a license of$1.00 per day for every day such agent is employed in the said city. Paragraph 29. For every person, firm or corporation carrying on a laundry business in which one or more male persons are employed, $5.00 per year. Paragraph 30. For every person, firm or corporation, carrying on a laundry business outside the City of Huntington Beach, securing work from within said city, of Huntington Beach by established agencies, or otherwise, shall each pay a license of$5.00 per year. Paragraph 31 For every person, firm or corporation conducting or carrying on the business of peddling, whether by foot, or from wagon, any kind of merchandise, vegetables, fruits, oil, wood, or other classes of products, not otherwise charged with an license in this ordinance, shall each pay a license of$20.00 per year. Paragraph. 32. For every person, firm or corporation engaged in, conducting, managing or carrying on the business of pawn broker or the business of loaning money for himself, or for any other person, upon personal security, when evidences of indebtedness, assignments or salary, salary warrants or demands, or any personal property, other than those carrying on the business of banking, $5.00 per year. Paragraph 33 For every person conducting the business of soliciting orders for paintings, pictures, portraits, photographs or orders for advertising, or enlargements of photos, when not in conjunction with any fixed place of business in the City of Huntington Beach, $10.00 per year. Paragraph 34. For every person, firm or corporation maintaining the business of conducting a photograph gallery, $1.00 per year. Paragraph 35. For every person, firm or corporation maintaining, conducting or carrying on the business of plumbing in the City of Huntington Beach, $12.00 per year. Paragraph 36 For every person, firm or corporation, maintaining, conducting or carrying on a printing office, $12.00 per year. Paragraph 37. For every person, firm or corporation engaged in the business of operating a railroad in the City of Huntington Beach, or transportation of passengers and freight for hire, from said City to points within the State of California or to said City from points within said State and not including any business done to or from any point without this State, and not including any business done for the government of the United States, its officers or agents, $25.00 per year. Paragraph. 38. For every person, firm or corporation engaged in the express business, which has an agency in the City of Huntington Beach, and which receives and transmits parcels and freights for hire, from the City of Huntington Beach to other points in the ORD.010 6 State of California do not including any business done to or from any point without this State, and not including any business done for the government of the United States, its officers or agents, $25.00 per year. Paragraph 39. For every person, firm or corporation engaged in the business of conducting or carrying on a bath house, 100 per room for each bath room or dressing room contained in said bath house. Paragraph 40. For every person, firm or corporation carrying on or conducting the business of maintaining a flour or feed mill, $10.00 per year. Paragraph 41. For every person, firm or corporation carrying on or conducting the business of maintaining a ware house for storage of personal property of others, for hire $10.00 per year. Paragraph 42. For every person, firm or corporation engaged in the business of carrying on or conducting or maintaining a foundry or machine shop in said City of Huntington Beach, $12.00 per year. Paragraph 43. For every person, firm or corporation engaging in or carrying on the business of cement, concrete, or street work contracting, $12.00 per year. Sec. 11. — Any person firm or corporaton engaging in more than one line of business as arranged and classified in Section 10 of this Ordinance shall pay a separate license for each of the different lines of business engaged in by him, but only one license shall be required for the lines of business grouped together in one paragraph of said section 10. Sec 12. — Nothing in this Ordinance shall be construed as authorizing or in any sense permitting any trade, pursuit of business to be carried on which is contrary to law or forbidden by a city ordinance Sec 13. — Every reference in this ordinance to a business, trade or calling shall be, unless otherwise provided, construed to refer only to such businesses, trades or callings as carried on in the City of Huntington Beach, and nothing in this Ordinance shall be construed as imposing a license tax on, or otherwise regulating or restricting foreign or interstate commerce, and any business or practice thereof which is embraced in the term "Interstate commerce," or in the term "Foreign commerce," is not made subject to a license by this Ordinance. Sec 14. — All licenses issued under this Ordinance or any section thereof, are granted, and accepted by all parties receiving the licenses, with the express understanding that the Board of Trustees may revoke the same at any time, by amending this Ordinance or any portion thereof, or if satisfied that any of the conditions of the license or terms of this Ordinance has been violated, or that the license was obtained by fraudulent representations, or that the holder of such license is an unfit person to be trusted with the privileges granted by said license, or that the business, trade, calling or profession is being conducted contrary to law or the ordinance of this ORD.010 7 city; provided, however, that no license shall be revoked without first giving the holder an opportunity to appear before the Board of Trustees in his own behalf. On the revocation of any such license the unearned portion of said license shall be returned. Where a license of any person is revoked for any cause, no new or other license shall be granted to the same person within six months from the date of such revocation. Sec. 15. — All ordinances, or parts of ordinances in conflict with this ordinance are hereby repealed. Sec. 16. — The City Clerk shall certify to the adopton of this ordinance and cause the same to be published one in the "Huntington Beach News," a newspaper published and printed in the said City of Huntington Beach, and there upon and thereafter it shall take effect and be in full force. Ed Manning President of the Board of Trustees of the City of Huntington Bch. M. D. Rosenberger City Clerk and Ex officio Clerk of the Board of Trustees. I M. D. Rosenberger, City Clerk of the City of Huntington Beach, do hereby certify that the foregoing ordinance was passed at a regular meeting of the Board of Trustees of the City of Huntington Beach, held on the 29Lh day of March 1909. by the following vote: Ayes: D. O. Stewart, C. H. Howard, M. E. Helme, C. W. Warner, Ed Manning. Noes; None. M D Rosenberger City Clerk. I, M. D. Rosenberger, City Clerk and Ex-officio Clerk of the Board of Trustees of the city of Huntington Beach, hereby certify that the foregoing ordinance is a true and correct copy of an ordinance of the City of Huntington Beach numbered 10 and entitled, "An Ordinance providing for licensing and regulating certain kinds of business transacted and carried on in the City of Huntington Beach. Providing for the method of collection, and fixing the penalty for violation there of and repealing all ordinances in conflict therewith," And that the same has been published in the Huntington Beach News a newspaper published and printed in the City of Huntington Beach according to law. ORD.010 8 Date published, April 10L 1909 M.D. Rosenberger City Clerk. ORD.010 9 phis Ordinance was reproduced from a handwritten original in its exact form to maintain its historicaCtntegrtty. This typewritten format allows for keyword searching. the handwritten originaCs can be vie wed in the City Clerks office on request.