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HomeMy WebLinkAboutOrdinance #98 ORDINANCE NO 98. AN ORDINANCE PROVIDING FOR THE 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: Section I 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 other person or persons, or for any body, corporate or otherwise, commence or carry out such business,trade, calling,profession or occupation aforesaid 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.QLO),or imprisoned for a term of 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, and any court of competent jurisdiction, for the amount of license of such business,trade, calling,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 issues,the business,trade, calling,profession or occupation is to be carries on.And the City Clerk shall deliver such license to the City Marshal 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 here-in. Section 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 ORD. 098 1 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 delivers not to be on the license list,and who should 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 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 Marshal 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 carry on,pursue or conduct only that business,trade, calling,profession or occupation described in such license,and such license shall not be transferable. One license only shall be required for the businesses grouped in each paragraph of Section 10. 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 same part of said place of business. 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. Section 7. The City Marshal and Ex Officio Tax and License Collector, and all police officers of said City, shall have 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 current term from any person engaged or employed in 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 and License Collector to cause complaints to be filed against all persons violating any of the provisions of this Ordinance. Section 8. The Conviction and punishment of any person for transacting any business,trade,calling,profession or occupation exempt such person from the payment ORD. 098 2 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 rates of licenses for the businesses,trades,callings, professions, and occupations hereinafter named,ad established for all 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 10. Paragraph 1. For every person,firm or corporation conducting, managing or carrying on a billiard,bagatelle or pool room,Fifteen Dollars($15 U per year. Paragraph 2. For every person,firm or corporation carrying on or conducting a shooting gallery, skating rink,bowling alley or merry-go-round,roller coaster, Ferris-wheel or other similar device, $5 00 per year,or$3 00 per day. Section 11. Nothing in this Ordinance shall be construed as authorizing or in any sense permitting any trade,pursuit or business to be carried on which is contrary to . law or forbidden by a City ordinance. Section 12. All licenses issues 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 have 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 ordinances of this 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. When a license of any person is revoked for a cause,no new or other license shall be granted to the same person within six months from the date of such revocation. Section 13. All ordinances,or parts of ordinances, in conflict with this ordinance are hereby repealed. Section 14. The City Clerk of the City of Huntington Beach shall certify to the passage of this Ordinance and shall cause the same to be published once in the Huntington Beach News, a weekly newspaper publishes and circulated in said City of Huntington Beach, and thirty(30) days there after it shall take effect and be in full force. W.D. Seely. President of the Board of Trustees of the City of Huntington Beach. ORD. 098 3 Attest: C.E. Lavering City Clerk and Ex Officio clerk of the Board of Trustees of the City of Huntington Beach. State of California ) County of Orange ) S.S. City of Huntington Beach ) I, C.E. Lavering, City Clerk and Ex-Officio Clerk of the Board of Trustees of the City of Huntington Beach,California,do hereby certify that the foregoing ordinance was read to the Board of Trustees of the City of Huntington Beach at their regular meeting held on the 121'day of August, 1912,and that the same was passed and adopted by the said Board at their regular meeting held on the 4 h day of September, 1912, by the following vote; Ayes: Helme,manning,French, Seely Noes: Rosenburger Absent: None. C.E. Lavering City Clerk and Ex officio Clerk of the Board of Trustees of the City of Huntington Beach, California Date of publication Sept, 6 '1912 I C.E. Lavering City Clerk, and Ex-Officio Clerk, of the Board of City Trustees of the City of Huntington Beach,hereby certify that the foregoing is a true and correct copy of an Ordinance of the City of Huntington Beach,numbered 98,and entitled An Ordinance providing for the Licensing and Regulating Certain Kids of Business Transacted and Carried on the the City of Huntington Beach,Providing for Method of Collection and Fixing the Penalty for Violation Thereof, and Repealing all Ordinances in Conflict there with,and that the same was published once in the Huntington Beach News, a weekly newspaper,printed and published in the City of Huntington Beach according to law,on the 6 b day of September 1912 C.E. Lavering City Clerk and Ex-officio Clerk of the Board of City Trustees of the City of Huntington Beach, California. ORD. 098 4 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.