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HomeMy WebLinkAboutOrdinance #95 ORDINANCE NO. 95. AN ORDINANCE PROVIDING FOR LICENSING AND REGULATION 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 THERE WITH, The Board of Trustees of the City of Huntington Beach do ordain as follows: Section 1. It shall be unlawful for any person wheather as principal or agent, owner or employee, either for himself or any other person or for any body, corporation or otherwise or as officer of any corporation, to commence or carry on with in the corporate limits of the City of Huntington Beach, any buisness, 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 buisness trade, calling profession or occupation in this ordinance specified is or 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 or otherwise commence or carry on such buisness trade calling profession or occupation aforesaid without first having procured such license, shall, for each violation of this ordinance be deemed guilty of a misdeameanor and upon conviction thereof shall be fined not more than Fifty Dollars ($50.00) or imprisonment for a term not exceeding ten (10) days, or shall be punished by both such 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 or such buisness trade, profession or occupation as he shall or they may have engaged in with costs of suit. Section 2: It shall be the duty of the City Clerk to prepare and issue a license under this 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 buisness trade, calling, profession or occupation licensed, and the location or place of buisness where such buisness, trade, calling, profession or occupation is to be carried on. And the City Clerk shall deliver such license to the City Marshall and ex-officio tax and license collector for collection, 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, prevent or prejudice the collection for the City of what shall be actually due, with all the costs against any one for carrying on said business without a license, or refusing to pay the license fees specified therein, ORD. 095 1 Section 3, The City Marshall 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 license uncollected by him for the previous month, and also deliver to the City Clerk, a list of all persons whom he believe not to be on the license list and who shall be charged with the payment of license, and he shall pay over to the City Treasurer all licenses collected by him in said month taking the City Treasurer's receipts therefore; which he shall file with the City Clerk, It shall be the duty o 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 Marshall 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. Section 4, All licenses 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 carryon, pursue or conduct only that business, trade, calling, profession or occupation descried in such license, and such license shall not be transferable. Section 5. No greater or less amounts 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 this Ordinance. Section 6. Every person, firm or corporation having a license under the provisions 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 goods, wares or merchandise shall carry his license with him at all times while engaged in peddling. All persons, firms or corporations shaving a license, shall produce or exhibit the same when applying for a renewal and when ever requested to do so by the City, Tax and License Collector or any police officer of said City Section 7. The City Marshal 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 or 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 I of this Ordinance. It is hereby made the duty of the City Marshal and Exofficio Tax and License Collector to cause complaints to be filed against all persons violating any of the provisions of this Ordinance. ORD. 095 2 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. Section 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. Section 9. The words "permanent business" where the same occur in this ordinance shall be construed to mean a regularly conducted business that has been carried on and transacted in said City for at least six months consecutively before the application for or granting of a license for the transaction there-of. Section 10. The rates of licenses for the businesses, trades, callings, professions and occupations thereinafter named, shall be and the same are 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: Section 11. Paragraph 1. For every person, firm or corporation engaged in or carrying on the business of buying 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 or profits determined upon, $1.00 per year. Paragraph 2. For each agent for ORD. 095 3 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.