HomeMy WebLinkAboutOrdinance #326 ORDINANCE NO 326.
AN ORDINANCE OF THE CITY OF Ht3NTINGTON BEACH
AMENDING SECTION 3 OF ORDINANCE N0.1 OF SAID
CITY AND CiJEZING THE TIME OF THE YIETINGS, OF
THE CITY COt}NCIL OF SAID CITY.
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The City Council of the City of Huntington Beach, do ordain as follwws:
Section l: That section 3 of Ordinance No 1 of the City
of Huntington Beach, entitled "Ordinance Fixing the time and place of
meetings of the Board of Trustees of the City of Huntington Beach,"
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be and the same is hereby amended so as to read as follows:
"Secti on 3. The regular monthly meeting og the Board of
Trustees-(City Council) of the City of Huntington Beach shall be held
at the City Hall of said City on the first Monday of each month, �
except when such Monday shall be a legal holiday, in which case the
said, Board of Trustees (City Council) shall meet on thelfirst day
thereafter which is not a holiday. All such regular meetings shall
be called to order at the hour of 7:30 o'clock P. M. or as soon there-
after as a quorum can be assembled. Whenever any regular meeting
shall be adjourned to a day and hour certain, such adjourned meeting
shall also be a regular meeting. "
Section 2. The City Clerk shall certify to the passage of
this ordinance and shall cause the-same to be publisheddby one insertion:
in the Huntington Beach News, a weekly newspaper printed, published and
circulated in the City of Huntington Beach, and thirty days thereafter
it shall take effect and be in force.
Passed and adopted this f ,1929•
ATTEST- MAYOR
City Clerk and -officio Clerk of
the City Council of said City.
State of California. )
County of Orange ) as.
City of Huntington Beach. )
I, Chas. R. Furr,- City Clerk and ex-officio Clerk of the City
Council of the City of Huntington Beachm do hereby certify that the fore-
going ordinance was introduced and read at a regular meeting of scid Council'
on the � day of 1929, and was a ain read to said City Council
at a regular meeting" o said Council on the ^ day of , 1929
and that at said meeting the said ordinance was adopted by the/following vote:
Ayes Trustees
Noes: Trustees
Absent Trustees �
City Clerk
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ORDINANCE NO*
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
LICENSING ALL KINDS OF BUSINESS CARRIED ON
IN THE CITY OF HUNTINGTON BEACH, FIXING THE
RATE OF LICENSE 'TAX UPON THE SAME, PROVIDING
PENALTY FOR ALL VIOLATIONS THEREOF, AND RE-
PEALING ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH
The Board of Trustees of the City of Huntington Beach do ordain
as follows:
SECTION I. It shall be unlawful for an y person or persons, firm, co-
partnership or corporation, or for any person as agent, servant, clerk
or employee, or for himself or for any other person, firm, co-partner-
ship or corporation within the corporate limits .of the-City of Hunting-
ton Beach to transact, engage in or carry on any pursuit, trade, occupa-
tion, avocation, employment, business or calling herein specified until
he, she, they or it shall have first obtained a license therefor as in
` -this Ordinance required. 1
Each and every day or fractional part of a day that said pursuit,
trade, occupation, avocation, employment, business or calling in this
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Ordinance specified is conducted or carried on without such license,
shall constitute a violation of this Ordinance, and any person, who,
for himself, or for any other person, firm, co-partnership or corpora-
tion shall violate any of the provisions of this Ordinance shall, for
each violation thereof, be deemed guilty of a misdemeanor, and upon
conviction by any court having jurisdiction thereof, shall be fined
therefor in a sum not in excess of $200.00 or shall be imprisoned in
the City or County Jail not exceeding thirty (30) days, or by both such
fine and imprisonment; provided, however, that if' any person shall.
furnish such evidence as shall satisfy the Chief of Police and the City
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Clerk, that he or she, by reason of misfortune or physical infirmity,
merits exemption from any section or clause of this Ordinance, a free
license may be issued to such a party for a limited number of consecutive
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days to be specified. in such license, not . in any event to exceed sixty 1
(60) days in any one fiscal year, not shall more than one license be
issued to or for the �-enefit of any such person in any, one fiscal year,
under this proviso, and providing further, that any, honorably discharged
soldier, sailor or marine of the United States, shall have the right to
hawk, peddle and vend any ,goods, wares or merchandise not otherwise un-
lawful, by and for himself, only, without the payment of any license tax
or fee whatsoever, and a license shall be issued to each such soldier,
sailor or marine, without cost upon presentation of his certificate of
honorable discharge from the Army, Navy or Marine Corp of, the United
States, and upon proof of his identity to the officer issuing the same, j
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provided, however, that nothing contained herein shall be construed to
I do away with the necessity of obtaining the license herein mentioned in
any case whatsoever.
Annual licenses shall date from the first day of July; quarter-
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annual licenses shall date from, the first 'day of July, October-, January
and April of the year in which they are issued; monthly licenses shall
date from the first day of the month in which they are issued. Where
licenses Ore issued hereunder for 'the unexpired part of the annual or
quarter-annual. term, the amount of license fee required shall be pro-
portioned accordingly; - provided that the minimum license fee for an
unexpired annual term shall be one-quarter of the annual license fee,
and the minimum license fee for an unexpired quarter-annual term shall
be one-third thereof. All licenses shall be paid for in advance .and
no rebate given for any unused portion of the term.
All licenses issued under the provisions of this, Ordinance shall
be posted in the place of business of licensee riame,d in such license,
and the said license shall be produced by the licensee whenever the
same shall be required by the Chief of Police, or any other officer of
the City.
It is hereby made the duty of the Chief of Police to enforce all
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the provisions of this Ordinance. No personal demands or notices by
the Chief of Police to such. persons owing such license tax shall be
necessary to incur the penalties of this Ordinance.
SECTION II. All licenses issued under and ,by virtue 'of this Ordinance
shall be printed in blank form signed by the Clerk of the City of .Hunt-
ington Beach. The City Clerk shall 'set forth in said license the name
of the party to whom the license is issued, the nature of the trade or
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business, he, she, they or it are licensed to pursue, the time for which
the same is granted, the date thereof, the amount paid therefor, and the
location where said trade, business, calling or avocation is carried on,
or proposed to be carried on.
The City Clerk shall cause to be printed a sufficient number of
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such license forms as may be required for one year, in book form with
blank stub to each, and shall deliver the same to the Chief of Police
from time to time as may be required and charge the Chief of Police
therewith, who shall appear at the office of the City Clerk,on the first
Monday in each month and settle for the licenses sold; ,provided, how-
ever, that all licenses now issued shall be good for the time for which
such licenses were issued, unless sooner revoked by the Board of Trustees.
The City Clerk shall on application of the Chief of Police issue
to him such blank licenses as may be required, receiving at the time of
issuing same, from the Chief of Police, a statement of the person to
whom issued and the time of commencement and expiration of said license,,
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which statement must be inserted by the City Clerk on the stub of said
license issued and which stub must be kept in the office of the City
Clerk.
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SECTION III. Any license granted or issued under the provisions of this
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Ordinance shall authorize the licensee to transact or carry on the bus-
iness or calling therein named at the place therein designated and no
other, and the said license shall not be transferable nor assignable
except by the approval of the City Clerk, except as provided ,in Section
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IV hereof. No license shall be granted if any prior license fee re-
mains unpaid.
SECTION IV. No license shall be issued for any livery or feed stable,
public laundry where washing is done for hire, hotel lodging house,
service station, gasoline plant., topping plant, oil refinery, absorp-
tion plant, warehouse, supply ' or storage depot or yard, cracking plant,
dance hall, oil distillery, chop house, coffee house, bakery, restaurant,
STAl*9 Oft'PLaca► WAvkF_ fiRC rioRKsact rt6+6%- %V.S ARE 14OUD
lunch counter, shooting gallery,nbilliard room, pool room, pocket bill-
iard room, skating rink, merry-go-round, bowling alley, transportation
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of passengers by boat or aeroplane or automobile for hire,/ or any place
or. form of amusement, fortune telling, clairvoyance and kindred practices,
garage, creamery, auctions, auction house, junk dealers or collectors,
wrecking house or handling second-hand automobiles, stands or places on
the public streets, or peanut venders, tamale stands or lunch wagons or
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for any game, nor shall the same be assigned or transferred, except on
the order of the Board of Trustees of the City of Huntington Beach, and
then only upon payment of transfer fee of One Dollar; ($1.00) , and when-
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ever any person, persons, firm, co-partnership or corporation desires to
open or keep any business specified in this section, he, she, they or it,
shall petition the Board of Trustees to order a license therefor, which
petition shall set forth the name of the applicant, the character of the
business and the location of the premises where the business is to be
conducted, and on the hearing of said petition the said Board may grant
the same in whole or in part, or may reject the same and no license shall
be issued thereon except as ordered by said Board. where any business in
this section specified may become dangerous to or affect the public health,
peace or safety, the Board of Trustees may refuse to grant the license.
Should the Board of Trustees . of this City at any time determine
that the premises wherein any business described in this section is con-
ducted, are not in good and sanitary condition, or not properly drained,
or have become dangerous or affect the public peace, and, quiet, it may
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revoke its order requiring the license for such business to issue and.
no further license shall be issued thereon until such premises shall
have been put in a safe, properly drained and sanitary condition.
A separate license must be obtained for each branch establish-
meet or separate place of business in which the business, trade, avoca-
tion, calling or occupation is carried on, and each license shall author
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ize the party obtaining it to carry on, pursue or conduct only that
trade, calling, business, avocation or occupation described in ,such
license, and only at the location or place indicated in the license.
Where in this Ordinance any business, trade, calling or occupa-
tion can be or is construed to be licensed under two sections, and in
such sections a different rate of license is imposed, then the highest
rate of license shall be deemed to be the license fixed for such trade,
business, calling or profession.
Every peddler, solicitor, and any other person conducting or
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carrying on any business, calling, trade, profession, avocation or oc-
cupation named in this Ordinance, and not having a fixed and established
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place of business in the City of Huntington Beach, who carries on his,
hers, their or its business by means of canvass from house to house or
place to place, or by means. of any motor or other vehicle, is required
to at all times while engaged in said business or operating such vehicle
to have in his, her, their or its immediate possession and be able to
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produce and display to any officer of the City of Huntington Beach re-
quiring the same, the license under which he, she, they: or it carry on
and conduct the said business, profession, calling, avocation or occupa-
tion.
\ SECTION V. All police officers are hereby appointed inspectors of licenses
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and in addition to their several duties as police officers are hereby
required to examine all places of business and persons in the City of
Huntington Beach liable to pay license for the transaction or carrying on
of any business, profession, avocation, trade, calling or occupation as
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provided by this Ordinance, and to see that such licenses are taken out,
and shall exercise in connection with their said duties as license in-
spectors the power to make arrests for violation of any of the. provisions
of this Ordinance; to enter without charge at any time any place of j
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business for which a license is required by this Ordinance and to demand
the exhibition of such license for the current term, and if any such per-
son shall there and then fail to exhibit such license, such person shall
be liable to the penalty provided for a violation of this Ordinance.
It is hereby made the duty of the police officers to cause com-
plaint to be filed against all persons violating any of the provisions
of this Ordinance.
The Chief of Police is hereby directed to carry into effect the-�--
provisions of this section.
SECTION VI. The conviction and punishment of any person transacting or
carrying on any business, trade, calling, profession, avocation or'occu-
pation in the City of Huntington Beach without a license as provided by
this Ordinance, shall not excuse or exempt such person from the payment
of any license due or unpaid at the time of such conviction and nothing
herein shall prevent the commencement and maintenance in a court of com-
petent jurisdiction of an action to recover such license tax.
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In no case shall any mistake by the said City Clerk or any officer
of the City of Huntington Beach in stating the amount or terms of such
license, or the time for which the same is to run-, prevent or prejudice
the collection by the City of what shall be actually due with all costs
from anyone carrying on a business, trade, calling, profession or occupa-
tion without -the license provided by this Ordinance.
SECTION VII. The provisions . of this Ordinance shall not apply to churches,
religious societies, fraternal societies, patriotic societies or charit-
able societies of the City of Huntington Beach.
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SECTION VIII. The rate of license for carrying on the pursuit, trade,
occupation, avocation, employment, business or calling specified in
this Ordinance, shall be as follows:
SECTION IX. Any person, firm or corporation conducting or carrying on
a business of any kind or description anywhere in the City-of Hunting-
ton Beach, a license for which is not otherwise provided for in this
Ordinance or any other ordinance of this City, shall obtain a general
business license, and the rate for such license is hereby fixed at
$12.00 per annum.
SECTION X. The rate of license for engaging in or carrying on the bus-
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iness of peddling from place to place on public streets any merchandise
not otherwise specifically licensed herein, is hereby fixed at
per annum or per day, which license tax shall cover one person only,
and an additional like fee shall be paid for each additional person so
engaged. If such additional fees are paid duplicate licenses shall be
issued for each person so licensed. The provisions of this section
shall not affect delivery-men or employees of any holder of a general ,
i business license in the City of Huntington Beach delivering merchandise
sold at or through such place of business.
No license shall be required of an individual q y peddling any vege-
tables, fruits, nuts, meats, flowers, nursery stock, poultry, eggs, or
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dairy products raised or produced by the individual peddling the same.
SECTION XI. The rate of license for conducting or maintaining the business
of soliciting or canvassing or taking orders for any goods, wares or
+ merchandise, and not having a regularly established and fixed place of
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\ business in the City of Huntington Beach duly licensed hereunder, or not
as agent .or representative of such ,re.gularly established place of bus-
iness,iness, the sum of , per day or $50.00 per year, and each such person
shall, in addition thereto, execute the bond required by Section XXXII
of this Ordinance in the sum of $500.00 and deliver the same to the City
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Clerk of the City of Huntington Beach; provided, however, that noth-
ing herein contained shall be deemed to regulate or apply to any inter-
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state commerce or business.
SECTION XII. The rate of license for operating, managing, or carrying on
the business of machine shop or acetylene or electrical welding is here-
by fixed at $25.00 per annum.
Every person, firm or corporation engaged in said business of
acetylene or electrical welding shall at all times maintain adequate
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screens around and about and over any and all acetylene and electrical
torches used by him, her, they or it in the welding business so as to
obscure from public view the flame of such acetylene or electric torch
or torches when in operation.
SECTION XIII. The rate of license for conducting or carrying on an auction, k
auction house, or the business of auctioneer for selling goods, wares or
merchandise at auction shall be $5.00 per day.
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SECTION XIV. The rate of license for carrying on the profession or bus-
iness of astrology, palmistry, phrenology, fortune tolling, ,cartomancy,
clairvoyance, o17stal gazing, hypnotism, mediumship, prophecy, augury,
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magic or necromancy where a fee is charged or received for, the practice
or exhibition of any such practice, the sum of $20.00 per day.
SECTION XV. The rate of license for conducting the business of buying,
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selling, leasing, renting, or exchanging or in any way dealing in real
estate or real property as a broker. or agent of another or where com-
missions are received or charged, shall be $12.00 per year.
Provided, that salesmen working through or, for the office of
any broker, duly licensed in the City of Huntington Beach, shall pay a
license, the rate of which is hereby fixed at $3.00 per annum.
SECTION XVI. The rate of license for operation of a laundry or towel
service business, or the cleaning, pressing or dyeing of clothes or
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other articles, established in the City of Huntington Beach, is $12.00
per annum.
For operation of a laundry wagon or towel service wagon or wagon
for cleaning or pressing business or dye works, which shall be construed
to be a vehicle operated, run or driven from house to house or to places
of business, ho.tels, restaurants, lodging or apartment houses in the -
City of Huntington Beach for the purpose of exchanging towels or other
linen or soliciting for or collecting and receiving clothes, table or
bed linen or other articles to be washed, cleaned, pressed or dyed and
returned and unless such wagon is operated in connection with a laundry
or towel service, or cleaning, pressing or dyeing business that has paid
the above license, and the actual operation of washing, cleaning, press-
ing and dyeing is carried on within the City of Huntington Beach, then
the license for each vehicle is hereby fixed at �2�9 per year.
Licenses issued under the provisions of this Section include alteration,
mending and repairing of articles washed, pressed, cleaned or dyed.
SECTION XVII. The rate of license for operating, conducting or maintaining
the business of hotel or lodging house shall be based upon the number
of rooms contained in such hotel or lodging house, and for each such
hotel or lodging house the license fee shall be $1.00 per annum for
each room thereof to be rented.
SECTION XVIII. The rate of license for engaging in or carrying on the bus-
iness or profession hereinafter enumerated is hereby fixed at $6.00 per
annum:
Architect Chiropractor Chemical Engineer
Assayer Dentist Occulist
Attorney-at-law Optician Osteopath st
Auditor Optometrist Chiropractor,
Accountant Chiropodist, Physician' ,
Mechanical Engineer Electrical Engineer Surgeon
Chemist Civil Engineer Veterinarian
SECTION XIX. The rate of license for conducting, managing or carrying on
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the business of buying and selling second hand clothing is hereby fixed
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at •$p150.00 per annum.
SECTION XX. The rate of license for managing, conducting or carrying on
the business of selling, offering for sale or otherwise handling by
special retail sale, the stock in trade of any bankrupt or insolvent
person, the sum of $10.00 per day.
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SECTION XXI. The rate of license for conducting or carrying on the bus-
iness of pawn broker shall be $150.00 per annum.
SECTION XXII. The rate of license for managing, conducting or carrying on
any business in any stand, concession, store or place where articles
� of personal property for use or consumption are loaned, rented, let,
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served, sold, made or manufactured, or where any particular service is
rendered, and not as a regularly established place of business, except
as otherwise provided, is hereby fixed at $5.00 per day.
SECTION XX II. The rate of license for conducting, operating or maintain-
ing a gasoline manufacturing plant, topping .plant, absorption plant or .
plant where gasoline is extracted from natural gas, or a plant for re-
fining, distilling or reducing petroleum, shale oil, oil tar, oil or
other hydro-carbon substance is hereby fixed at. $48.00 per annum.
SECTION XXIV. The rate of license for conducting or managing a blacksmith
shop,phde-shine parlor or boot-black stand shall be $6.00 per annum.'
SECTION XXV. The rate of license for carrying on or maintaining the bus-
iness of house moving is hereby fixed at $24.00 per annum.
Every person desiring to engage in the business of house moving
shall, before receiving a license for said business, execute and deliver
to the City Clerk the bond required by Section 32 of this Ordinance
in the sum of- $2,000.00.
Such house-mover must comply with all conditions laid down in
the Ordinances of the City of Huntington Beach and must repair and make
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good all damage or injuries caused by the moving of any house or
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structure.
A permit shall be obtained from the Building Inspector before
moving any building; the fee to be paid for such permit is hereby
fixed at $5.00 for any single story building having a floor space of
less than 360 square feet, and for less than 900 square feet the sum
of $10.00; for any building having a floor space of 900 square feet
-or more, the sum of $15.00; for each tank having a net capacity of
500 barrels and not less than 1,000 barrels the sum of $5.00; for
each tank having a net capacity of 1,000 barrels and less than 2,000
barrels, the sum of $10.00; for each tank having a net capacity of
2,000 barrels or more, the sum of $15.00. A fluid barrel under the
meaning of this Ordinance contains 42 gallons. No permit fee shall
be required to be paid for the moving of any building having a floor
space of less than 200 square feet, or for any tank having a net cap-
acity of less than 500 barrels; provided that the permit fee paid for
moving any dwelling house shall include the private garage used in con-
nection therewith and which is a part of the same premises . At .the
time of the issuance of said permit the applicant shall also pay to
the Building Inspector the sum of $5.00 for the first day and $3.00
for each additional day during which said removal is limited.
When a building is to be moved from one part of a lot to another
part of the same lot, or from one lot to another lot owned by the same
person, and without crossing any street, alley or other property of any
other person, the owner must first obtain a written consent of the
Building Inspector to change the location of such building, and such
consent shall not be granted where there is a reasonable objection on
the part of the property owner adjoining, and the fee for such permit
\ shall be $2.50; and service of a -licensed house-mover will. not be re-
quired in such case.
SECTION XXVI. The rate of license for conducting, maintaining a .publie.
bath house or plunge shall be and the same is hereby fixed at 012.00
per annum.
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SECTION XXVII. The rate of license for every show, concert, theatre or
similar entertainment conducted or presented within the City of Hunt-
ington Beach, the sum of $12.00 per annum, provided that for every
show, concert or theatre held in a tent or other temporary structure
or enclosure the license shall be $5.00 per day; and provided further
that this license does not include the sale of any personal property
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or merchandise for use or consumption.
SECTION XXVIII. The rate of license for conducting, carrying on or manag-
ing the business of maintaining any game, exhibition, amusement, recre-
ational device or any kind of amusement or entertainment not otherwise
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provided for in this Ordinance and charging or collecting any admission
or playing fee or rental fee or accepting' any free-will offering there-
for is hereby fixed at $25.00 per annum or $5.00 per day, for each game,
exhibition, amusement or recreation maintained as a separate business.
Within the meaning of this Section are riding academy or rental
of ponies or. automobiles, except taxi service, carrying passengers in
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Airplanes, fishing or sight-seeing boats, bowling alley, pool hall,
shooting gallery, dance hall, skating rink, games of skill and like en-
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tertainment or recreation except as provided elsewhere; and providing
further that no license may be issued for the carrying of passengers in
airplanes or fishing or sight-seeing boats until the individual or firm
requesting same deposit with the City Clerk a personal or surety bond
conditioned in accordance with Section XXXII of this Ordinance in the i
amount of $25,000.00.
This license as defined above does not permit the sale of to-
baccos, edibles, or other merchandise in connection with the amusement,
game or recreation so licensed, and for such sale of tobaccos, edibles, I
or other merchandise, a separate license must be obtained as required i !�
by this Ordinance.
SECTION X.XIX. For every person, firm or corporation engaged in the business
of running a tank wagon or other wagon or vehicle for hauling, peddling
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or delivering distillate, gasoline, refined oil, the sum of $12.00
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per annum, which license shall include the use of two such tank wagons
or other vehicles so run or operated, provided for each additional
wagon or vehicle so run an additional license of $3.00 per annum.
SECTION XXX. For every person, firm or corporation operating any cart,
dray, wagon; automobile, truck or vehicle for the transportation of
freight or goods, or for both, or for trucking or hauling lumber, crude
oil, petroleum, gravel, sand, brick, pipe, tubing, casing, machinery,
mud or other freight or materials not otherwise herein provided for,
shall pay a license quarterly for each such cart, wagon, automobile,
truck or other vehicle, in accordance with the following schedule:
For each vehicle, automobile, truck and trailer, not exceeding
two tons capacity at the rate of $3.00 per quarter-annum for the first
such automobile, vehicle, truck and trailer; for each additional such
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vehicle, automobile, truck and trailer, the sum of $'"2.00 per quarter-
annum; for each vehicle, automobile, truck and trailer exceeding two
tons and not exceeding four tons capacity at the rate of, $10.00 per
quarter-annum for the first such vehicle, automobile, truck and trailer,
and-, for each additional ,such vehicle, automobile, truck and trailer the
sum of $5.00 per quarter-annum; for each automobile, vehicle, truck
and trailer exceeding four tons capacity at the rate of $20.000 per
quarter-annum for the first such vehicle, automobile, truckkand trailer;
for each such additional vehicle, automobile, truck and trailer at the
rate of $10.00 per quarter-annuity.
The provisions of this Section shall not . affect delivery wagons
or delivery trucks under two tons capacity, operated by any retail
merchant having an established place of business in the" City of Hunting-
ton Beach, solely for the purpose of delivering merchandise sold by
such merchant at -or through said place of business.
SECTION XXXI. Every person or individual liable to pay any license tax
under this Ordinance shall make application to the City Clerk for a
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license, stating the business or pursuit desired to be carried on;
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and it shall be the duty of the City Clerk ueon investigation and con-
firmation of the statement of said applicant that he has complied with
all th provisions of the City laws, including this Ordinance, required
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for the securing of said license, shall prepare and issue the same to j
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every person or individual making such application -for said license ,
and tendering the fees thereunder; said license shall •be duly signed
by said City Clerk and attested by the City Seal.
SECTION XXXII . Where, by the terms .of this Ordinance, a bond is required
to be furnished by any person securing or applying for a license, such
person shall, before the issuance td,him of such license, deliver to
the City Clerk a bond executed by any reliable surety company, or by
two personal sureties, each of whom is the owner of property within
the City of Huntington Beach of the value of twice the amount of the i
penal sum of the bond. The conditions of said bond shall be stated
in substantially the following language:
I I'If the said _� , the bounden principal, shall
comply with all the laws and ordinances pertaining to said business, and
shall indemnify and save harmless the City of Huntington Beach and any
person or persons who may be injured or caused financial loss through
any failure on the part of said licensee to comply with said laws, or
because of any misconduct on the part of said licensee in carrying on
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said business, then this obligation .shall be void, otherwise it shall
remain in full force and effect, and this bond shall inure to the bene-
fit of the City of Huntington Beach and to any person or persons and to
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all employers of said licensee; and the said City and any of said
above mentioned persons may maintain an action on this bond directly in
its, his, her or their name or names, and this bond may be recovered '
against more than once and until the full penalty thereof shall be .ex- -
hausted.rr '
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SECTION XXXIII . If any section, subsection, sentence, clause or phrase
of this Ordinance is hereafter for any reason held to be unconstitu-
tional or unenforceable, such decision shall not affect the validity
of the remaining portions of this Ordinance. The Board of Trustees
of the City of Huntington Beach hereby declares that it would have
passed this Ordinance and each section, _subsection; sentence, clause
or phrase hereof irrespective of the fact that any one or more- of the
sections, subsections, sentences, clauses or phrases be declared un-
constitutional or unenforceable.
SECTION XXXIV. This Ordinance shall never be held or construed as licens-
ing or permitting the carrying on of any unlawful trade, calling, oc-
cupation or game, and every such trade, calling, occupation, or game
is prohibited and no license shall be granted or issued therefor.
SECTION =V. Nothing in this Ordinance shall be construed as imposing a
license or tax or otherwise regulating or restricting Foreign or Inter-
state Commerce, and any business or portion thereof which is embraced
in the term "Interstate Commercett or in the term "Foreign Commercet' is
not made subject to the license imposed by this Ordinance.
SECTION XXXVI. That Ordinance No. 309, entitled "An Ordinance of the City
of Huntington Beach licensing, for the purpose of revenue and regula-
tion, all and every kind of business authorized by ]Law and transacted
and carried on in the City .of Huntington Beach, and all shows, exhibi-
tions and, lawful games carried on therein, fixing the rate of license
tax upon the same, providing penalty for all violations thereof, and
repealing all Ordinances or parts of Ordinances in conflict herewith, tt
and that all Ordinances and parts of Ordinances of the City of Hunt-
ington Beach in conflict with this Ordinance be, and the same are here-
by repealed.
SECTION XXXVII. The City Clerk shall certify to the passage of this
Ordinance and shall cause the same to be published by one insertion
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r
I
in the Huntington Beach News, a weekly newspaper printed, published
and circulated in said City of Huntington Beach, Orange County, Cal-
ifornia, and thereafter it shall take effect and be
in force.
Passed and adopted this day-f 1929.
1
Mayor of the City of Huntington Beach
A
1..
City Clerk and Ex-Officio Clerk
of the City Council of the City
of Huntington Beach
r
STATE OF CALIFORNIA
County of Orange ss
City of Huntington Beach
I, C. R. Furr, City Clerk and Ex-Officio 'Clerk of the City
Council of the City of Huntington Beach, do hereby certify that the
foregoing Ordinance was introduced and read at a regular meeting of
the City Council held on the day of , 1929, and
, i
was again read to said City Council' on the -3— day of
1929, at a regular meeting of the said Board, and that said Ordinance
i
was adopted. by the following vote:
Ayes: Trustees
Noes: Trustees
Absent: Trustees (��7
OLD 2
City' .�,.lerk and Ex-Officio Clerk of the City
Council of the City of Huntington Beach
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