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HomeMy WebLinkAboutOrdinance #396 i ai ORDINANCE NO..&� AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING ORDINANCE NO. 327 OF SAID CITY ENTITLED "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 REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH. " THE PEOPLE OF, THE CITY OF HUNTINGTON BEACH DO ORDAIN AS FOLLOWS: SECTION 1. That Section IV of Ordinance No. 327 of said City as amended, entitled "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 repealing all ordinances or parts of ordinances in conflict therewith, " be and the same is hereby amended so as to read as follows: 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, absorption plant, warehouse, supply or storage depot or , yard, cracking plant, dance hall, oil distillery, chop house, coffee house, bakery, restaurant, lunch counter, shooting gallery, stand or place where fire works or novelties are sold, billiard room, pool room, pocket billiard room, skating rink, merry=go-round, bowling alley, transportation of passengers by boat or aeroplane or automobile for hire, or 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, nor shall the same be assigned or transferred, except on the order of the City Council of the City of Huntington Beach, and then j ._only upon payment of transfer fee of One Dollar ($1.00), and whenever i 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 City Council 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 Council may grant the same in while or in part, or may reject the same and no license shall be issued thereon except as ordered by said Council. Where any business in this section specified may become dangerous to or affect the public health, peace or safety, the City Council may refuse to grant the license. SECTION 2. That Section XXVIII of Ordinance No. 327 of said City as amended entitled "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 j for all violations thereof, ,and repealing all ordinances or parts of ordinances in conflict herewith" be and the same is hereby amended so as to read as follows: SECTION XXVIII. The rate of license for conducting, carrying on or managing the business of maintaining any exhibition, amusement, recreational device of any kind of amusement or entertainment not otherwise provided for in this Ordinance and charging or collecting any admission or playing fee or rental or accepting any free-will i ,offering therefor is hereby fixed at $12.00 per annum or $5.00 per i - 1 - ` I i i A day for each 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 aeroplanes, fishing or sight-seeing boats, bowling r alley, pool hall, shooting gallery, dance hall, skating rink; and providing further that no license may be issued for the carrying of passengers in aeroplanes 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 32. of this Ordinance in 'the amount of $25,000.00. This license as defined above does not permit the sale of tobaccos,edibles, or other merchandise in connection with the amusement, game or recreation so licensed, . and for such sale of tobaccos, edibles, or other merchandise, a separate license must be obtained as required by this Ordinance. SECTION 3. That Ordinance No.' 327 of the said City as amended, entitled,,, "An Ordinance of the City of Huntington Beach licensing all kinds of business carried 'on •in the" City of Hunt- ington Beach, 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 therewith; u be and the same is here- by amended by adding a new section to be known as Section XXVIII A: SECTION XXVIII A. The rate of license for conducting, carrying on or managing the business of maintaining anyplace of amusement wherein is carried on a game or games of skill and science, or any device similar in character, or like entertainment or re- creation, is hereby fixed at $5.00 per annum for each chair stool or player's place provided or used in or at such games; provided, however, that the minimum license for any such game operated as a separate business in the City shall be $500.00 per annum; and pro- viding, further, that nothing herein contained shall in any manner whatsoever at any time or under any circumstances whatsoever, be construed as permitting any gambling or lottery in connection with any such games, and that the said games shall be for amusement pur- poses only and that each and all of such games shall be operated in full conformity with and subject to all provisions of the Laws of the State of California relating to the playing and operation of games of skill and science, and also any and all ordinances of the City of Huntington Beach relating thereto. SAid license fees shall be payable in advance, and on and after date of enactment of this ordinance, upon receipt of application bearing name of applicant, place and type of business, together with requisite fee, the City Clerk shall issue license for same, provided, however, that in no case shall the City Clerk issue license for more than two (2) businesses operating the same game, type of game or type of enter- tainment; and, provided, further, however, that the City Clerk shall issue a license only to an applicant who has been a bona fide, registered citizen of the City of Huntington Beach for the Five (5) Years last past, and the same shall not be assigned, or transferred, in whole or in part, except on the order of the City Council of the City of Huntington Beach and then only to one ualified under this ordinance upon the payment of transfer fee . of . 1..00; and provided further, that upon the removal of any above mentioned business for which a license has been issued, from .one location to another, the City Clerk shall, for the sum of $1.00 issue a duplicate license showing the new location of said business. - 2 I Ci 4 4 SECTION 4. That Ordinance No. 327 of the said City as amended, entitled, "An Ordinance of the City of Huntington Beach licensing all kinds of business carried on in the City of Hunt- ington Beach, fixing the rate of license tax upon the same, pro- viding penalty for all violations thereof, and repealing all ordinances or parts of ordinances in conflict therewith, " be and the same is hereby amended by adding a new section to be known as Section XXVIII B. SECTION XXVIII B. That all ordinances and parts of ordinances of the -city of Huntington Beach be -and are hereby repealed insofar as they affect the maintenance of any business authorized to be licensed by- Section 3 of this ordinance and more particularly set forth in that portion of Section 3 ent- itled Section XXVIII A. SECTION 5. . That Ordinance No. 327 of the said City at amended, entitled, "An Ordinance of the City of Huntington Beach licensing all kinds of business carried on in the City of Hunt- ington Beach, fixing the rate of license tax upon the same, pro- viding penalty for all violations, thereof, and repealing all ordinances or parts of ordinances in conflict therewith, " be and the same is hereby amended by adding a new section to be known as Section XXVIII C. SECTION XXVIII C. That the City Council of the said City of Huntington Beach shall pass no ordinance ,prohibitin.g or tending to prohibit the maintenance of any business licensed under Section 3 of this Ordinance and more particularly desetibed in Section XXVIII A. This license as defined above does not permit the sale of tobaccos, candies, edibles, or other merchandise in connection with the amusement, game or recreation so licensed. Passed and adopted by the people of the City of Huntington Beach, California, on the 3rd day of November, 1936. MAY A ST __jz,,4� City Clerk. 1 i STATE OF CALIFORNIA, ) County of Orange, ) ss City of Huntington Beach) I, C R Furr, the duly elected,qualified and acting city clerk and ex-officio clerk of the city council of the city of Huntington Beach,California,do hereby certify that the foregoing ordinance was adopted by the vote of the people of the city of Huntington Beach at a Special Municipal election,held in conjunction with a General State election throughout the county of Orange on the 3rd day of November ,1936,which election was canvassed by the Board of Supervisors of said Orange County on the loth day of November:4-A936,and by said Board of Supervisors said Ordinance was declared adopted. Dated this the lath day of //Novembe,136- - City erk, and ex-officio clerk of the City Council of the city of 3 - Huntington Beach,California. - . �