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HomeMy WebLinkAboutOrdinance #547 ORDINANCE NO . 547 AN ORDINANCE OF THE CITY OF HUNT INGTON BEACH, CALIFORNIA, AMENDING ORDINANCE NO . 327, ENTITLED "AN ORDINANCE OF THE CITY OF HUNT=INGTON 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 HEREWITH" AS AMENDED. The City Council of the City of Huntington Beach, California , do ordain as follows: Section 1: That Ordinance No. 327 is hereby amended by adding Sections 4, 4.11 4.2 and 28 thereto, the same to read as follows : Section 4:. No license shall be issued for any livery or feed stable, public laundry where washing is done for hire, cleaning business, hotel lodging house, service 1 station, gasoline plant, topping plant, oil refinery, absorption plant, ware house, supply or storage depot or yard, cracking plant , dance hall, oil distillery, chop house , coffee house, bakery, Beauty shop, restaur- ant , lunch counter, or any food handling business , shoot- y� ing gallery., stand or place where fireworks or novelties are sold, billiard room, pool room, pocket billiard room, Ord- 547 • skating rink, merry-go-round , bowling alley, transpor-' tation 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 for any game nor shall the same be assigned or transferred ex- cept on the order of the City Council of the City of Huntington Beach, and then only upon payment of transfer fee of One Dollar ($1.00) and whenever any person, per- sons , 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 City Council 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 City 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 . Should the City Council at 2 Ords 547 any time determine that the premises wherein any business described in this section is conducted, are not in good and sanitary condition, or not properly drained, or have become dangerous or affect the public peace, and quiet, it may 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. Section 4.1: A separate license must be obtained for each branch establishment or separate place of business in which the business, trade, avocation, calling or occup- ation is carried on, and each license shall authorize 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. Section 4.2: , Where in this Ordinance any business, trade , calling or occupation 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 con- ,. _ ducting or carrying on any business , calling, trade, pro- fession, avocation or occupation named in this .Ordinance, 3 Ord. -547 and not having a fixed and established 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 operating such vehicle to have in his , her, their or its immediate possession and be able to produce and display to' any officer of the City of Huntington Beach requiring the same , the license under which he , she, they or it carry on and conduct the said business , pro- fession,, calling, avocation or occupation. Section 28: The rate of license for conducting, carry- ing on or managing the business of maintaining any game , exhibition, amusement, recreational device or any kind of amusement or entertainment not otherwise provided for in this Ordinance and charging or collecting any admission or playing fee or rental fee or accepting any free-will offering therefor, is hereby fixed at $12.00 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 airplanes, fishing or sightseeing boats , bowling alley, pool hall , shooting gallery, dance 4 Ord. 547 hall , skating rink, games of skill and like entertain- ment 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 sigh- 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 Ordinance No . 327 in the amount of $25,000.00. This license as defined above does not permit the sale of tobaccos, edibles, refreshments or other mer- chandise in connection with the amusement, game or recreation so licensed , and for such sale of tobaccos , edibles , refreshments or other merchandise , a separate license must be obtained as required by Ordinance No. 327. Section 2: The City Clerk shall certify to the passage and adoption of this ordinance and. shall cause the same to be published by one insertion in the Hunting- ton Beach News , a weekly newspaper, printed, published and circulated in the City of Huntington Beach, California, and thirty (30) days after the adoption hereof the same shall take effect and be in force. PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, this 5 d a', of July , 1949. ATTEST -- MAYOR City Clerk K Ord. 547 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss City of Huntington Beach ) I, JOHN L. HENRICKSEN, the duly elected, qualified and acting City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of said City of Huntington Beach, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is five , that the foregoing Ordinance was first read to said City Council at a regular meeting thereof held on the 20th day of June , 1949, and was again read to said City Council at a regular meeting thereof held on the 5th day of July , 1949, and was passed and adopted by the affirmative vote of more than a majority of all members of said City Council as follows: AYES : Councilmen: Lenard, Wood, Seabridge., Langenbeck, Greere NOES : Councilmen: None ABSENT: Councilmen: None Cit lerk and ex-officio Clerk of the City Council of the City off Huntington Beach, California. 6