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HomeMy WebLinkAboutOrdinance #766 Y_. ORDINANCE No. 766 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH RECODIFYING CERTAIN SECTIONS, AMENDING SECTIONS, REPEALING AND ADDING SECTIONS TO THE HUNTINGTON BEACH ORDINANCE CODE RELATING TO LICENSING OF THE TRANSACTION AND CARRYING ON OF CERTAIN BUSINESSES, TRADES, PROFESSIONS, CALLINGS AND OCCUPATIONS IN THE CITY OF HUNTINGTON BEACH. The City Council of the City of Huntington Beach do ordain as follows: Section:_l. That Section 2101 of the Huntington Beach Ordinance Code be, and it is hereby, amended to read in words and figures as follows: SECTION 2101. DEFINITIONS. (a) PERSON. As used in this Ordinance, "Person" includes all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, Massachusetts business, or common law trusts, societies, and individuals transacting and carrying on any business in the City of Huntington Beach other than as an employee. (b) BUSINESS. As used in this Ordinance, "Business" includes pro- fessions, trades, and occupations and all and every kind of calling whether or not carried on for profit. (c) AVERAGE NUMBER OF EMPLOYEES. As used in this Ordinance, "Average number of Employees" includes the total number of employees in the managing, operation, transacting and carrying on of any business in the City of Huntington Beach. The average number of employees for any business having a fixed location in the city shall mean the average number of persons employed daily for the twelve months period ending on the December 31st next preceding the date of license application, and 1, Ord. No. 766 shall be determined by ascertaining the total number of hours of service performed by all employees during such year, and dividing the total number of hours of service thus obtained by the number of hours of service constituting a day's work, according to the custom or laws governing such employments, and by again dividing the sum thus obtained by the number of business days in such year. The same ordinance further provides that the average number of employees for any business not having a fixed location in the city shall mean the number of persons employed daily for the period during which the applicant for a license conducts such business, and shall be determined by ascertaining the total number of hours of service per- for med by all employees during the three days, or less, on which the greatest number of persons is employed, and dividing the total number of hours of service thus obtained by the number of hours of service consti- tuting a day's work, according to the custom or laws governing such em- ployments, and again dividing the sum thus obtained by the number of business days upon which the total hours of service is based. Section 2. That Sections 2101.1, 2101.21 2101.3, 2101.4, 2101.5, 2101.6, 2101.71 2101.8, 2101.813P 2101.82 and 2101.83 be and they are hereby added to the Huntington Beach Ordinance Code, to read in words and figures as follows: Section 2101.1. Revenue Measure. This Ordinance is enacted solely to raise revenue for municipal purposes, and is not intended for regu- lation. Section 2101.2. SUBSTITUTE FOR OTHER REVENUE ORDINANCES. Persons required to pay a license tax for transacting and carrying on any business under this Ordinance shall not be relieved from the payment of any license tax for the privilege of doing such business required under 2. Ord. No. 766 any other Ordinance of the City of Huntington Beach, and shall remain subject to the regulatory provisions of other Ordinances. Section 2101.3. EFFECT OF ORDINANCE ON PAST ACTIONS AND OBLIGATIONS PREVIOUSLY ACCRUED. Neither the adoption of this Ordinance nor its superseding of any portion of any other Ordinance of the City of Huntington Beach shall in any manner be construed to affect prosecution for violation of any other Ordinance committed prior to the effective date hereof, nor be construed as a waiver of any license or any penal provision applicable to any such violation, nor be construed to affect the validity of any bond or cash deposit required by any Ordinance to be posted, filed, or deposited, and all rights and obligations thereunto appertaining shall continue in full force and effect. Section 2101.4. LICENSE REQUIRED. There are hereby imposed upon the businesses, trades, professions, callings and occupations specified in this Ordinance License taxes in the amounts hereinafter prescribed. It shall be unlawful for any person to transact and carry on any business, trade, profession, calling or occupation in the City of Huntington Beach without first having procured a license from said City so to do or without complying with any and all applicable provisions of this Ordinance. This section shall not be construed to require any person to obtain a license prior to doing business within the City if such requirement conflicts with applicable statutes of the United States or the State 6f California. Persons not required to obtain a license prior to doing business within the City because of conflict with applicable statutes of the United States or of the State of California shall be liable for payment 3. Ord. No. 766 of the tax imposed by this Ordinance. Section 2101.5. ZONING AND OTHER REGULATIONS. No license shall be issued to any person failing to present any land use permit required by the zoning provision of this code, or who has failed to comply with the provisions of any other provision of this Code having to do with regula- tion of any trade, business or occupation. Section 2101.6. DEPOSIT OF LICENSE FEES. REPORT AND RECORD. All fees, penalties and other moneys received by the City Collector p ursuant to the provisions of this Chapter shall be deposited with the t City Treasurer and to the General Fund of this City upon the business day next following the receipt of the same. On or before the first day of each and every month the City Collec- tor shall deliver unto the City Clerk of this City a full statement of all licenses issued by him during the immediate preceding month, the names of the licensee, and the amount of fees, penalties and other moneys collected on each license. The City Clerk shall keep full, adequate and accurate records per- taining to the issuance of licenses under this Chapter. Section 2101.7. BRANCH ESTABLISHMENTS. A separate license must be obtained for each branch establishment or location of the business transacted and carried on and for each separate type of business at the same location, and each license shall authorize the licensee to transact and carry on only the business licensed thereby at the location or in the manner designated in such license; provided that warehouses and distribu- ting plants used in connection with and incidental to a business licensed under the provisions of this Ordinance shall not be deemed to be separate places of business or branch establishments. 4. Ord. No. ^ 766 Section 2101.8. EXEMPTIONS. Nothing in this Ordinance shall be deemed or construed to apply to any person transacting and carrying on any business exempt by virtue of the constitution or applicable statutes of the United States or of the State of California from the payment of such taxes as are herein prescribed. Section 2101.81. INTERSTATE COMERCE. None of the license taxes provided for by this Ordinance shall be so applied as to occasion an un- due burden upon interstate commerce. In any case where a license tax is believed by a licensee or applicant for license to place an undue burden upon such commerce, he may apply to the City Clerk for an adjustment of the tax so that it shall not be discriminatory or unreasonable as to such commerce. Such application may be made before, at, or within six months after payment of the prescribed license tax. The applicant shall, by affidavit and supporting testimony, show his method of business and the average number of employees or estimated average number of em- ployees and such other information as the City Clerk may deem necessary in order to determine the extent, if any, of such undue burden on such commerce. The City Clerk shall then conduct an investigation, and after having first obtained the written approval of the City Attorney, subject to the approval of the City Council, shall fix as the license tax for the applicant, an amount that is reasonable and non-discriminatory, or if the license tax has already been paid, shall order a refund of the amount over and above the license tax so fixed. In fixing the license tax to be charged, the City Clerk shall have the power to base the license tax upon the average number of employees or any other measure which will assure that the license tax assessed shall be uniform with that assessed on business of like nature, so long as the amount assessed 5. Ord. NQ. 766 does not exceed the license tax as prescribed by this Ordinance. Should the City Clerk determine the average number of employees measure of li- cense tax to be the proper basis, he may require the applicant to submit, either at the time of termination of applicant's business in the City of Huntington Beach or at the end of each three-month period, a sworn state- ment of the average number of employees and pay the amount of license tax therefor, provided that no additional license tax during any one calendar year shall be required after the licensee shall have paid an amount equal to the annual license tax as prescribed in this Ordinance. Any person claiming an exemption pursuant to this section shall file a verified statement with the City Clerk stating the facts upon which ex- emption is claimed. The City Clerk shall, upon a proper showing contained in the veri- fied statement, subject to approval of the City Council, issue a license to such person. claiming exemption under this section without payment to the City of the license tax required by this Ordinance. The City Clerk, after giving notice and a reasonable opportunity for hearing to a license, as provided for in Section 2102.4 and 2102.5, may revoke any license granted pursuant to the provisions of this section upon information that the licensee is not entitled to the exemption as provided herein. Section 2101.82. DISABLED VETERANS. Every honorably discharged soldier, sailor, or marine of the United States, who is physically unable to obtain his livelihood by means of manual labor and who is a qualified voter of the State of California, shall have the right to hawk, peddle and vend any goods, wares or merchandise owned by him, except spirituous, malt, vinous or other intoxicating beverages, without the payment of 6. Ord. No. 766 license fee, subject, however, to the restrictions, limitations, regula- tions, and conditions hereinafter set forth. 1. Every applicant must comply with the following requirements be- fore a license may be issued under the provision of this section: (a) Every applicant must furnish a certificate of physical dis- ability executed by a qualified surgeon of the United States Navy, Army, Marines, Air Force, or U. S. Public Health Service, a certificate of honorable discharge from the United States Navy, Army, Marines, Air Force, or U. S. Coast Guard, and a written recommendation from the representatives of the local posts of the American Legion and/or the Veterans of Foreign Wars. (I -,,. ncludes .<y-. Fo:ccc.) (b) Every applicant must furnish two identification photographs, one to be attached to the license issued to said applicant, and the other to be attached to the copy retained by the City Clerk. The applicant must also sign both copies of said license at the time of the issuance thereof. 2. A license when issued is subject to the following conditions: (a) It is non-transferrable and for the exclusive use of the licensee named. (b) Applicant's identification photograph must be attached to said license at all times, and failure to comply herewith is grounds for revocation of said license and for refusing its renewal or the issuance of a new license thereafter. (c) Should a license be found in the possession of one other than the licensee named, it shall be surrendered up to the City Clerk and cancelled, and neither the licensee named nor the holder thereof shall thereafter be entitled to hold a license under the provisions of this section. �` 7. Ord. No. 766 (d) The licensee named must identify himself by his signature whenever required to do so by the police officer or City Clerk or his authorized deputies. (e) Whenever the licensee uses any wagon, cart, tray, basket or other vehicle or receptable in vending any such goods, wares or merchandise, said license shall be carried in a license holder attached to said vehicle or receptable and in plain view. (f) Every license issued under the provisions of this section shall expire thirty (30) days from and after the date of issuance and a new license may thereafter be issued pursuant to the provisions of this section. 3. It shall be unlawful for any person, other than the licensee named, to use or have in his possession any license issued pursuant to the provisions of this section. 4. It shall be unlawful for any person to purchase or transfer any license issued pursuant to the provisions of this section, or for any per- son to transfer or convey the certificates mentioned in paragraph 3 (a) above to any other person for the purpose of securing a license as herein provided for. 5. Any person who shall violate any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $500.00, or by imprison- ment for a period not to exceed six (6) months, or by both such fine and imprisonment. Section 2101.83. CHARITABLE AND NON-PROFIT ORGANIZATIONS. As used in this Ordinance, Charitable and non-profit organizations shall include educat.ionaA only religious, charitable, fraternal, 3s U ,, military, State, County, 8. Ord. No. 766• or municipal organizations or associations. The provisions of this Ordinance shall not be deemed or construed to require the payment of a license tax to conduct, manage, or carry on any business, occupation, or activity from any institution or organization which is conducted, managed, or carried on wholly for the benefit of charitable purposes or from which profit is not derived, either directly or indirectly, by any individual, nor shall any license tax be required for the conducting of any entertain- ment, concert, exhibition, or lecture on scientific, historical, literary, religious, or moral subjects within the City whenever the receipts of any such entertainment, concert, exhibition, or lecture are to be appropriated at any church or school or to any religious or benevolent purpose; nor shall any license tax be required for the conducting of any entertainment, dance, concert, exhibition, or lecture by any religious, charitable,, fra- ternal, educational, military, State, County, or municipal organizations or associations, or lecture are to be appropriated for the purpose and ob- jects for which such organization or association was formed and from which profit is not derived, either directly or indirectly, by any individual; provided, however, that nothing in this section shall be deemed to exempt any such organization or association from complying with any of the pro- visions of this code requiring a permit from the City Council or any com- mission or officer to conduct, manage or carry on any profession, trade, calling or occupation. Section 3. That Section 2102 of the Huntington Beach Ordinance Code be, and it is hereby, amended to read in words and figures as follows: Section 2102. LICENSE: .APPLICATION: CONTENTS. Before any license is issued to any person, unless otherwise provided in this code, a written 9• Ord. No. 766 application by the applicant shall be made to the City Clerk, upon a form to be secured from the City Clerk, and which application shall contain the following information: (a) The exact nature or kind of business, profession, show, ex- hibition, game, occupation or enterprise for which the license is requested. (b) The place where such business, profession, show, exhibition, game, occupation or enterprise is to be carried on, and if the same is not to be carried on at any permanent place of business, the places of resi- dence of the owners of the same. (c) Any further information which the City Clerk may require to enable him to issue the type of license applied for. (d) In the event that application is made for the issuance of a license to a person doing business under a fictitious name, the applica- tion shall_ set forth the names and place of residence of those owning said business, profession, show, exhibition, game, occupation or enterprise. Section 4. That Sections 2102.1, 2102.2, 2102.31 2102.31, 2102.41 2102.5, 2102.6, 2102.7, 2102.8, 2102.92 2102.10, 2102.11 be added to the Huntington Beach Ordinance Code to read in words and figures as follows: Section 2102.1. LICENSE: CONTENTS. All licenses, unless other- wise provided in this code, shall be prepared and issued by the City Clerk upon payment to the City Collector the sum required to be paid hereunder. Each license so issued shall state upon the face thereof the following: (a) The persons to whom the same is issued. (b) The kind of business, profession, show, exhibition, game, occupation, or enterprise licensed, and the location of the same. (c) The amount paid therefor. 10. O-rd. No. 766 (d) The date of expiration of such license. In no case shall any mistake of the City Clerk in stating the amount of a license prevent or prejudice the collection by the City of what should be actually due from any person carrying on any business, profession, show, exhibition, game, occupation or enterprise subject to a license under the provisions of this Chapter. Section 2102.2. AFFIDAVIT; STATEMENT OF "AVERAGE NUMBER OF EI�TLOYEES" . In all cases where the license is based upon the Average Number of Employees, the licensee shall .submit to the City Clerk for guidance in ascertaining the amount of the license tax to be paid by the licensee, a written statement upon a form to be provided by the City Clerk, written under penalty of perjury, or sworn to before a person authorized to administer oaths, setting forth such information concer:Zing the licensee's business during the preceding year as may be -required by the said City Clerk to be able to ascertain the amount of the license tax to be paid .by said licensee pursuant to the provisions of this ordinance. Section 2102.3. STAMENTS NOT CONCLUSIVE. No statements shall be conclusive as to the matters set forth therein, nor shall the filing of the same preclude the City of Huntington Beach from collecting by appropriate action such sum as is actually due and payable hereunder. Such statement and each of the several items therein contained shall be subject to audit and verification by the City Clerk, his deputies, or authorized employees of the City, who are hereby authorized to examine, audit and inspect those personnel records required to firmly establish the average number of em— ployees for the preceding year, of any licensee or applicant for license, as may be necessary in their judgment to verify or ascertain the amount of license fee due. 11. Ord. No. 766 All licensee's, applicants for licenses, and persons engaged in business in the City of Huntington Beach are hereby required to permit an examination of such books and records for the purposes aforesaid. The information furnished or secured pursuant to this section or section 2102.2 of this Ordinance shall be confidential. Any unauthorized disclosure or use of such information by any officer or employee of the City of Huntington Beach shall constitute a misdemeanor and such officer or employee shall be, subject to the penalty provisions of this ordinance, in addition to any other penalties provided by law. Section 2102.31. FAILURE TO FILE STATMENT OR CORRECTED STATEMENT. If any person fails to file any -required statement within the time pre- scribed or if after demand therefor made by the City Clerk he fails to file a corrected statement, the City Clerk may determine the amount of license tax due from such person by means of such information as he may be able to obtain. If such a determination is made, the City Clerk shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States Post Office at Huntington Beach, California, postage prepaid, addressed to the person so assessed at his last known address. Such person may, within fifteen (15) days after the mailing or service of such notice make application in writing to the City Clerk for a hearing on the amount of the license tax. If such application is made, the City Clerk shall cause the matter to be set for hearing within fif- teen (15) days before the City Council. The City Clerk shall give at least ten (10) days notice to such person of the time and place of hearing in the manner prescribed above for serving notices of assessment. The City Council shall consider all evidence produced, and shall make find- 12. Ord. No _ 766 ' ings thereon, which shall be final. Notice of such findings shall be served upon the applicant in the manner prescribed above for service of notices of assessment. y Section 2102.4. APPEAL. Any person aggrieved by any decision of the City Clerk with respect to the issuance or refusal to issue such license may appeal to the City Council by filing a notice of appeal with the City Clerk. The City Council shall thereupon fix a time and place for hearing such appeal. The City Clerk shall give notice to such person of the time and place of hearing by serving it personally or by deposit- ing it in the United States Post Office at Huntington Beach, California, postage prepaid, addressed to such person at his last known address. The City Council shall have authority to determine all questions raised on such appeal. No such determination shall conflict with any substantive provisions of this Ordinance. Section 2102.5. ADDITIONAL PMER OF CITY CLERK. In addition to all other power conferred upon the City Clerk he shall have the power, for good cause shown, to extend the time for filing any required sworn statement for a period not exceeding thirty (30) days, and in such case to waive any penalty that would otherwise have accrued; and shall have the further power, with the consent of the City Council, to compromise any claim as to amount of license tax due. Section 2102.6. NO LICENSE TRANSFERABLE: AMENDED LICENSE FOR CHANGED LOCATION. No license issued pursuant to this Ordinance shall be transferable; provided that, where a license is issued authorizing a person to transact and carry on a business at a particular place, such licensee may upon application therefor and paying a fee of one dollar ($1.00) have the license amended to authorize the transacting and 13. Ord. .No. 766 carrying on of such business under said license at some other location to which the business:-is or is to be moved. Section 2102.7. UNEXPIRED LICENSES HERETOFORE ISSUED. Where a license for revenue purposes has been issued to any business by the City of Huntington Beach and the tax paid therefor under the provisions of any Ordinance heretofore enacted and the term of such license has not expired, then the license tax prescribed for said business by this Ordinance shall not be payable until the expiration of the term of such unexpired license. Section 2102.8. DUPLICATE LICENSE. A duplicate license may be issued by the City Clerk to replace any license previously issued here— under which has been lost or destroyed upon the licensee filing statement of such fact, and at the time of filing such statement paying to the City Collector. a dupli.bate license fee of fifty cents (500). Section 2102.9. POSTING AND KEEPING LICENSES. All licenses must be kept and posted in the following manner: (a) Any licensee transacting and carrying on business at a fixed place of business in the City of Huntington Beach shall keep the license posted in a conspicuous place upon the premises where such business is carried on. (b) Any licensee transacting and carrying on business but not operating at .*a fixed place of business in the City of Huntington Beach shall keep the license upon his person at all times while transacting and carrying on such business. Section 2102.10. BONDS. Where, by the terms of this Chapter, a bond is required to be furnished by any person securing or applying for a license: such person shall, before the issuance to him of such license, deliver to the City Clerk a bond executed by any reliable 14. Ord. No. 766 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 penal sum of the bond. Section 2102.11. FORM OF BOND. The conditions of said bond shall be stated in substantially the following language: "Of the said .. . ........ .. .. . . .., the bounden principal shall com- ply 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 said businesss, then this obligation shall be void, otherwise it shall remain in full force and effect, and this bond shall inure to the benefit of the City of Huntington Beach and to any person or persons and to all employees of said licensee; and the said City and any of said above mentioned per- sons 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 exhausted." Section 5. That Section 2103. of the Huntington Beach Ordinance Code be, and it is hereby, amended to read in words and figures as follows: Section 2103. LICENSE TAX: HOW AND WHEN PAYABLE. Licenses under classifications "A", 11B!', licitand "D" shall be based upon a fiscal year from July 1st to June 30th of the following year. Where licenses are issued hereunder for the unexpired part of the annual or quarter annual term the amount of the license shall be proportioned accordingly. 15. Ord. No. 766 The statement required under Section 2102.2 of this Ordinance shall be submitted on all business licenses based upon "Average Number of Employees" on or before thirty (30) days following the end of the year applicable to such business as before set forth, and any additional sums payable by reason of such statement shall accompany the re.turn. or state- went: No renewal license shall �be issued until the full amount due and payable by reason of the statement and return for the previous year has been paid in full. In the event that a business licensed under the "Average Number of Employees" classifications of this ordinance shall cease operation before the end of the license period, then the statement required by Section 2102.2 of this ordinance shall be submitted on or before thirty (30) days following the ceasing of business. Any additional sums payable by reason of such statement shall accompany such statement. In no event shall any portion of the minimum fee be refundable in the event a business shall cease operation. The minimum license fee payable under the "Average Number of Em- ployees" classification of this ordinance shall be due and payable in the case of an original license before the license is issued, and in the case of a renewal license shall accompany the statement required by Section 2102.2 of this ordinance for the prior year and application for renewal. In the case of an original application for license under the "Average Number of Employees" classification, where the applicant in- tends to conduct his or her business from a fixed place of business in this City, the entire minimum fee shall be due and payable following final approval of application for license, but prior to issue of license applied for. Those who make application for license under this classi- 16. Ord. No. 766 f ication but who do not maintain a fixed place of business in this City, shall pay the entire minimum fee at the time the application for license is made. If such business, however, is commenced after the beginning of the period covered by such license, then the licensee upon filing his statement of "Average Number of Employees" at the end of the licensing period, shall pay a license fee in accordance with schedule of "Average Number of Employees" and may credit the minimum license fee paid on original application towards the fee required in classification schedule for "Average Number of Employees." All licenses based upon flat-rate fees shall be due and payable in advance upon application for such license and shall cover the period specified in the section covering such business activity. In the case of annual license fees based upon a flat rate, the period covered by the license shall be from the date of issue to one year from such date. For all licenses based upon the flat-rate or annual license fee by reason of having his business outside the City of Huntington Beach, the fee shall be payable in advance upon application for license and shall cover the period from the date of issue to one year from such date; pro- vided, however, that if such licensee should later be covered under the "Average Number of Employees" schedule by reason of his election to change or otherwise, then the license fee paid upon the flat-rate or annual license fee shall be prorated for the unused portion as of the date of coverage under the "Average Number of Employees" under Section 2102.2 of this ordinance. Section 6. That Sections 2103.1, 2103.2, 2103.3, 2103.31, 2103.41 2 103.4012 2103.42, 2103.51 2103.51, 2103.6, 2103.71 2103.71, 17. Ord. No. 766 2103.72) 2103.8, 2103.81) 2103.91 2103.10) 2103.101, 2103.102, 2103.11, 2103.110) 2103.12, 2103.13, 2103.14, 2103.141., 2103.142, 2103.15, 2103.16, 2103.17, 21 03.18) 2103.19, 21 03.191, 2103.192) 21 03.193, 2103.194) 2103.195) 2103.20) 2103.210 2103.22, 2103.23, 2103.24 and 2103.25 be and they are hereby added to the Huntington Beach Ordinance Code, to read in words and figures as follows: Section 2103.1. PENALTIES FOR FAILURE TO PAY TAX WHEN DUE. For failure to pay a license tax when due, the City Clerk shall add a penalty of lOro of said license tax on the last day of each month after the due date thereof, providing that the amount of such penalty to be added shall in no event exceed 10010 of the amount of the license tax due. Section 2103.2. LICENSE TAX: "AVERAGE NUMBER OF EMPLOYEES". Every person described in the following classifications who engage in business at a fixed place of business within the City of Huntington Beach shall pay a license tax based upon the "Average Number of Employ- ees", at the rates hereinafter set forth: CLASSIFICATION "A" Abstractor of Titles Chiropractor Accountant Civil Engineer Accounting Service Claim Adjuster Advertising Agent Construction Engineer Agricultural Adviser or Counselor Consulting Engineer Appraiser Dancing Academy Aquarian Chirothessian Dealers in Stocks, Bond, and other Securities Architect Dental Laboratory Assayer Dentist Attorney-at-Law Designer 18. Ord. No. 766 Auctioneers Detective Auditor Detective Agency Bacteriologist Draftsman Bail Bond Broker Drugless Practitioner Barber Shop Electrical Engineer Beauty Shop Electrologist Business Management Consultant Employment Agency or Bureau Certified Public Accountant Fine Arts or Music School Chemical Engineer Geologist Chemist Herbalist Child Nurseries (4 children or Industrial Relations Consultant more) Chiropodist Insurance Adjuster Interior Decorator Labor Relations Consultant Investment Counselor Landscape Architect Oculist Lapidary Optician Mechanical Engineer Optometrist Mortician Oral Surgeon Naturopath Orchard Care Physician Osteopath Physician Physician and Surgeon Surveyor Private Home for the Aged Taxidermist (4 persons or more) Real Estate Broker Trade or Business School Real Estate Office Tree Removing Sanitation Engineer Tree Surgery Stocks and Bond Broker Tree Trimming Surgeon Veterinarian 19. Ord. No. 66 and any other business of a professional nature where the principal business activity is the furnishing of services and where such business is not specifically listed in some other classification or section of this Ordinance will be classified in the above category: CLASSIFIGA-T--IONS CLASSIFICATION "A" Classification "A" as set forth in Section 2103.2. CLASSIFICATION "B" Any person who is licensed as a contractor by the State of California and who undertakes to or offers to undertake to or purports to have the capacity to undertake to or submits a bid to, or does himself or by or through others, construct,. alter, repair, and to subtract from, improve, move, wreck or demolish any building, highway, road, railroad, excavation or other structure, project, development or improvement, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith, is defined as a contractor and comes under this classification. The term contractor includes subcontractor and specialty contractor. CLASSIFICATION ITCII Any person conducting, managing or carrying on a business consisting mainly of manufacturing, packing, processing, carrying or selling at wholesale any goods, wares, merchandise or produce, comes under this classification. CLASSIFICATION I'D" Any person conducting, managing or carrying on the business consisting mainly of selling at retail any goods, or conducting and maintaining a recreation park or amusement center under one general management, or 20. Ord. No. 766 business not otherwise specifically licensed by other sections of this Chapter, comes under this classification. RATES CLASSIFICATIONS "A", "B", 11V. AND "D° First Three Employees... . . .. . . . ... ... .... ... . ...0.... . .... .. . $ 25.00 Next Nine persons, per employee.. ... .... .. ... ..... ... .. .. .. 0. 2.50 Next Forty persons, per employee.. .. ............. ... 1.50 All other Employees in excess of 40, per employee. ... .. ... ... 1.00 The minimum license in each classification shall be $25.00 per year. In any case where a licensee or an applicant for a license believes that his individual business is not assigned to the proper classification under this section ,because of circumstances peculiar to it, he may apply to the City Clerk for reclassification. Such application shall contain such in- formation as the City Clerk may deem necessary and require in order to determine whether the applicant's individual business is properly classi- fied. The City Clerk shall then conduct an investigation following which he shall assign the applicant's individual business to the classification shown to be proper on the basis of such investigation. The City Clerk shall notify the applicant of the action taken on the application for reclassification. Such notice shall be given by serving it personally or by depositing it in the United States Post Office at Huntington Beach, California, postage prepaid, addressed to the applicant at his last known address. Such applicant may, within fifteen (15) days after the mailing or serving of such notice, make written request to the City Clerk for a hearing on his application for reclassification. If such request is made within the time prescribed the City Clerk shall 21. Ord. No. 766 cause the matter to be set for hearing before the City C:dundil within fifteen (15) days. The City Clerk shall give the applicant at least ten (10) days notice of the time and place of the hearing in the manner pre— scribed above for serving notice of the action taken on the application for reclassification. The City Council:shall consider all evidence adduced and its findings thereon shall be final. Written notice of such findings shall be served upon the applicant in the manner prescribed above for serving notice of the action taken on the -application for re— classification. Section 2103.3. LICENSE TAX: FLAT RATE. Every person transacting and carrying on the business herein enumerated shall pay a license tax as hereinafter set forth. The tax and the duration of the license shall be annual, quarterly, monthly, weekly, or daily, as indicated in this Section. The letter "A" following the fee shall indicate an annual fee; the letter "D" shall indicate daily fee; the letter IN't shall indicate Monthly fee; the letter "Q" shall indicate quarterly fee; and the letter "W" shall indicate weekly fee, all amounts shown are in dollars. Section 2103.31. ADVERTISING. By distributing samples or handbills, provided that this subsection shall not apply to any person, employee' agent, or representative of any person who already has a city license as provided elsewhere in this chapter.. .. . . .. ..4 .0 ... . .. .. . ...... $ 25.00 A By sign posting or bill posting, but not including sign painting. . . .. . . . . . . . . . .. .... . . . . ... .. ... .. .. . . . . .. . . . .. .. . . .. . .. ... . . . . .. . . . ... 6 50.00 A. By vehicle containing amplifier, phonograph, loud speakers, etc.: For each vehicle .. .. .. .... .... .. ... .. ... .... . . . ... . . $ 50.00 A Or at the option of the licensee, for each vehicle.. . $10.00 D If any such vehicle is used by a City licensee to advertise solely his owh licensed business and such 22. Ord. No. 766 vehicle is regularly registered and licensed by the State to such licensee, then the fee for each such vehicle ... .. ... .. . . . .. . . . . . .... . .. .. . . .. .. .... . . . . .. 15.00 A or at the option of the licensee, for each such vehicle ..... . . . ... . .. . . .. .. .. .. ... .... .. .. ... .. .. ... $ 5.00 D. By means of steroptician, biograph, moving pictures, or similar device (not motion picture theaters), used outdoors . .. . . .. . . .. .. ... . . . .. .. . . . .. . . . . ... ... . . . . . . $125.00 A Or used indoors .. .. .. .. . ... .. .. .. . .. 0. . ... .0 .. . ... . . $ 50.00 A Section 2103.4. AMUSEMENTS. For any amusement center, room, business, or parlor containing pool tables, and/or billiard tables, and,or bowling alleys, for each such table or alley, with a minimum fee of $100.00 per annum ... . .. .. .. .. .... . . .. .. ... .... .... .. . $ 15.00 A Section 2103.401, AMUSEMENTS. Boxing or wrestling exhibitions, per exhibition .... .. .... .... ... .. . . ... ... . .. . .. . . . ... . .... .. $ 15.00 Carnival, tent show or open—air show, or in hall or building constructed for theatrical purposes 0100.00 D In addition for five concessions or less ... .. . .. ... . $ 20.00 D In addition for each concession in excess of five . . . $ 4.00 D Juke box, phonograph or motion picture device operated by insertion of coin, per machine . .. ........... .... . .. .... ... .. ........ .. $ 15.00 A. (The owner of the business wherein the machine is located shall be held responsible for the full amount of the license fee if the owner of the machine has not paid the fee when due and payable.) Section 2103.42. OUTDOOR THEATRES. For every person conducting, managing or carrying on an outdoor theatre where moving or motion 23. Ord. No. 766 pictures are exhibited: NUMBER OF STALLS FEE PER ANNUNI First 500 200.00 All over 500 .30 (300) per stall Separate licenses shall be obtained for snack bars, food stands or other concessions. Section 2103.5. AUCTIONEER. For the business of Auctioneer ... . .. .. ....... . .. ..... .. ... .. .. . .. .. ........ .. ..0........ . . 25.00 D Section 2103.51. BANKRUPT SALE. For the conducting, managing, or carrying on the business of selling, offering for sale or otherwise handling by spedial retail sale, the stock in trade of any bankrupt or insolvent person .. . .. . . ... ... . . . .. . . . .. .. :. .. ... ... . . . . .. . . 15.00 D Section 210 .6. CIRCUS. With seating capacity under 4,000 first day ... . . ..... $150.00 D .... .... .. .. Each additional day ... ...... ............. ............ .. .... $100.00 D With seating capacity over 4,000 first day $200.00 D Each additional day . .. .. ... .. ...... . ..... ................. $100.00 D For every side show in conjunction with a circus $ 10.00 D For every concession in conjunction with a circus ... ....... $ 5.00 D Section 2103.7. PUBLIC DANCE HALL. PUBLIC DANCE AND DINNER DANCING PLACE. Every person conducting, managing or operating a Public Dance Hall or Dinner Dancing Place $200.00 A Every person conducting, managing, or operating a Public Dance. .. . .. . .. . . .. ....... ....... .. ....... ....... .... . .. . . ..... ... .......... $ 15.00 per dance For the purpose of this section, certain words and phrases shall be construed as hereinafter set forth: 24. Ord. No.* 766 A. Public Dance Hall is a place open to the public upon the payment of an admittance fee, wherein music is pro- vided and people are allowed to dance, which is so open at regular intervals or on regular days of the week. B. Public Dance is a dance open to the public for an ad- mittance fee or charge, which is held on one day only. C. Dinner Dancing Place is a place where music is provided and the public is permitted to dance without payment of a fee. Section 2103.71. DANCING TEACHER. Every person engaged in the pro- fession of dancing teacher who has no regularly established place of business where instruction in dancing is given ... ........ .. 20.00 A Section 2103.72. MUSIC OR FINE ARTS TEACHER. Every person engaged in the profession of teaching music, dramatics, art, designing, dressmaking, mechanics, or any other trade or fine art, who has no reg- ularly established place of business where such teaching is carried. on ... .... . .. . . . . ... .. ..... . ...... . .. 0. ..... . .. ... .... ... ... 25.00 A Section 2103.8. HOUSE MOVING. House moving or wrecking of buildings and/or structures .. ............. ......0.......... 50iOO A Section 2103.81. BOND. Every person desiring to engage in the business of housemoving or wrecking of buildings and/or structures, shall before receiving a license for said business execute and deliver to the City Clerk the bond required by Sections 2102.10 and 2102.11, in the sum of $5,000.00. Section 2103.9. PAWN BROKER. Pawn Broker (for the purpose of this section the term "Pawn Broker") includes every person conducting, managing, or carrying on the business of loaning money either for him- 25. Ord. 'No '766 1 self or f or any other person, upon any personal property, personal security, or purchasing personal property and reselling or agreeing to resell such property to the vendor or other assignee at prices previous- ly agreed upon. Nothing in this section shall be deemed to apply to the loaning of money on personal property or personal security by any bank authorized to do so under the laws of the State or of the United States . ...... ... ..... .. .. ... . ... .. . ...... .... ....... .. .. . . ......9 $300.00 A Section 2103,10. PEDDLER. Of flags, banners, balloons, cones, horns, noise-making instruments, toys, notions, souvenirs or other similar goods, not by vehicle 2.50 D Bypushcart, per vehicle .. ..... . .. ..... .. . ...... . .. ....... 10.00 Q By basket or other container carried by hand . .. . ...... .... $ 10.„00 Q Of medicines, who calls attention to his wares by use of music, entertainment, speech, fancy dress, or other device on any street, in any doorway, or on any vacant lot, whether actual sale is made upon said premises or elsewhere $ 25.00 D Of medicines, other than as above $ 10.00 D Of toys, notions, goods (other than medicines) who calls attention to his wares by use of music, entertainment, speech, fancy dress, or, othe r devi c e • ...;.. .. ..... .... ......... ........... .... ..... 2 5.00 D Of any article or commodity not mentioned in this section . $ 10.00 Q Peddling as pertaining to this section shall comply with provisions of subsections B-lb, 2-a, b, c, d, e, f, 3, 4 and 5 of Section 2101.8 of this Chapter. Section 2103.101. SOLICITOR: HOUSE TO HOUSE. For every person 26. Ord. No. 766 conducting, managing, or carrying on the business of solicitor, for each person employed or engaged in such business . ......... $ 10.00 D Solicitor as pertaining to this section shall comply with provisions of subsections B-lb, 2-a, b, c, d, e, f, 3, 4 and 5 of Section 21O1.8 of this Chapter. For the purpose of this section the word "Solicitor" shall also mean "Canvasser" ,and shall be defined as any individual who in person, by tele- phone, or by any other means of communication is engaged in the business of going from house to house, and place to place, or at or along the streets of this City, selling or. taking orders for or offering to sell or take orders for goods, or merchandise, or service, or other things of value for future delivery or for services to be performed in the future. Prior to issue of a License under this Section the applicant shall meet the requirements of Section 4048 of this Ordinance Code. This section shall not apply to any person, or employee or agent or representative of any person whose principal place of business is in and who has a license in this City as provided elsewhere by this Ordinance, or who takes orders only from businesses licensed under this Ordinance. (Includes "Canvasser" and telephone soliciting - requires registration with Police - Section 4048 new) Section 2103.102. SAME ON STREETS FOR HOTELS, ETC. For every person conducting, managing, or carrying on the business of soliciting custom or patronage upon any public street, alley, or other public place, for any hotel, inn, rooming-house, lodging-house, apartment house, res- taurant, dining-room, or house or place where meals or board or lodging are furnished for compensation .. ....... ... ...... ........... $ 50.00 A 27. Ord. No. 766 Section 2103.11. JUNK DEALER OR AUTO WRECKER. For every person conducting, managing or carrying on the business of auto wrecker or junk dealer .... . ... ... ... .. ... .. ... .. .. ... ... ..... ..... $$100.00 A For the purpose of this section an auto wrecker is defined to be and construed to mean and include any person who buys any motor vehicle for the purpose of dismantling or disassembling, or who dismantles or dis- assembles any such motor vehicle whether for the purpose of dealing in the parts thereof or using the same for the purpose of reconditioning any other vehicle, or for the purpose of selling or otherwise dealing in the materials of such vehicle or vehicles. Section 2103.110. JUNK COLLECTOR. For every person conducting, managing or carrying on the business of junk collector .. .. .. $$100.00 A or at the option of the licensee $$ 5.00 D For the purpose of this subsection a junk collector is defined to be any person, other than a junk dealer, engaged in the business of buying or selling, either at wholesale or retail, of rags, bottles, papers, cans, metal or other articles of junk. Section 2103.12. SKATING RINK. For every person conducting, managing or carrying on any ice or roller skating rink, enclosure or park .. .. . .. . . .. ... .. . ..... .. ... .. .... . . ...... .. .. .. ......... $100.00 A Section 2103,13. STOCKYARD AUCTION. For every person conduct- ing, managing or carrying on any stockyard, sales stable or corral where horses, cattle, goats, sheep, mules and other livestock are bought, sold or exchanged at public auction .......... ....... $100.00 A Section 2103.14. ROOMING HOUSE, APARTMENT HOUSE OR BU14GALOW COURT. For every person conducting, managing, or carrying,on the business of operating an apartment house, rooming house, bungalow 28. Ord. No. 766 court, motel or auto court, consisting of four or more units, for the first four units .. . .. .... ... .. . ..... ... ... .. ... .. .... ... 15.00 A For each additional unit over four, per unit ... .. ....... 3.00 A (provided the maximum fee shall be $$40.00 per year.) Section 2103.141. TRAILER PARKS. For every person conducting, managing or carrying on the business of a trailer park or mobile home park, $$50.00 A for the first 25 trailers - $1.50 for each additional trailer. Section 2103.142. OFFICE BUILDING. For every person conducting, managing or carrying on the business of operating an office building. For each office therein .... ... . . .. . ...... . ..... .. ..... .. $$ 2.00 A An office building is hereby defined as meaning any building containing three or more offices. Section 2103.15. BATHS. For every person conducting, managing or carrying on the business of giving steam baths, electric light baths, electric tub baths, shower baths, sponge baths, or operating any public bath which maintains in connection therewith a steam room, plunge, bath or sleeping adco modations 50.00 A a Section 2103.16. SMALL STANDS AND BUSINESSES. Scissor Grinder, without regular place of business $ 15.,00 A Shoe Shine Stand ..................... . ... . ............ . $$ 15.00 A Pop Corn or small confectionary stand in or upon any public street, alley or other public place $$100.00 A. Or at option of the licensee $ 5.00 D. News Stand in or upon any public street, alley or other public place ... .. .. .. .. . .. ......... .. ......... .......... ...... $$ 20.00 A Flower Stand in or upon any public street, alley or public place ........... .... ....... .... . .. . .... 0. . .. .. ... ...... $100.00 A 29. Ord. No. 766 Card Writer - without a regular place of business . ..... ... $100.00 A Or at option of the licensee .. .. ... ... ..... . .. .. . .. .. . .. .. $ 5.00 D Section 2103.17. PUBLIC UTILITIES. Any public utility operating in the City under a franchise or franchises from the City, or applicable therein; and who makes franchise payments thereunder is subject to the provisions of this Ordinance only to the extent it engages in retail merchandising not covered by the franchise in the City. Section 2103.18. WATER COMPANIES. For the maximum number of customers at any one time during the preceding calendar year $ .50 per customer. Section 2103.19. TRANSPORTATION, TRUCKING AND HAULING. Every person engaged in the business, in whole or in part, of using or operating any motor vehicle for the delivery of goods, wares, merchandise, products of any nature, raw materials, or machinery of any description, when said person has an established place of business within the City, shall pay an annual license fee in accordance with the following scale for each and every motor vehicle so used or operated in excess of one vehicle: For vehicles with a manufacturer's rated capacity of under 1 ton .. ... .... . ... .... ... ... .. . .. .. . ... . 5.00 A For vehicles with a manufacturer's rated capacity of under 3 tons but one ton or over .. .. ... ...... . $ 15.00 A For vehicles with a manufacturer's rated capacity of 3 tons or over .... . ...... ..... . ... . ...... ..... 20.00 A Section 2103.191. SAME. Every person engaged in business, in whole or in part, of using or operating any motor vehicle for the deliv- ery of goods, wares, merchandise, products of any nature, raw materials, 30. Ord. No. 766 or machinery of any description, when said person does not have an estab- lished place of business within the City, shall pay an annual license fee of $25.00, f or each and every vehicle so used or operated other than those vehicles described in Section 2103.192. Section 2103.192. SAME. ALL OTHERS. Every person engaged in the business, in whole or in part, of using or operating motor vehicles for the transportation, hauling, or delivery of crude oil, .petroleum products, petroleum by-products, rotary mud, water, or any other articles or commod- ity not otherwise classified in Sections 2103.19 and 2103.191, who uses the public streets or highways of this City for the purpose of such use or operation, and who is not required to pay the license or fees as set forth in Sections 2103.19 and 2103.191 of this Code, shall pay an annual license fee based upon each motor vehicle so used or operated as follows: DUMP TRUCKS For each vehicle with single rear axle 10.00 A For each vehicle with two rear axles . ... .. ... .. . .. $ 12.00 A g 40 00 A For each tank wagon .. .... ........ .......... . . ... .. For each additional tank wagon or trailer .... . . ... $ 4.00 A Section 2103.193. TRUCI{ RERTTALS. Every person conducting, managing, or carrying on the business of renting the usiof any truck or motor propelled vehicle for the transportation of materials, commodities, or-products, or the transportation of any other object, to be driven by the person hiring the same at rates per mile, per trip, per hour, per day, per week or per month, and the truck-or vehicle is routed under the direction of the person hiring the same, shall pay an annual license of $25.00, and $10..00 for each truck or vehicle over one used in the business. 31. Ord. ^No. 766 Section 2,103.194. PASSENGER CAR RENTALS. Every person conducting, managing or carrying on the business of renting the use of any motor pro- pelled vehicle for the transportation of persons, to be driven by the per- son hiring or renting the same, at rates per mile, per trip, per hour, per day, per week, or per month, and such vehicle is routed under the direction of the person hiring the same, shall pay an annual license fee of $25.00, and $10.00 for each vehicle over one used in the business. Section 2103.195. TRAILER POITALS. Every person conducting, managing or carrying on the business of renting the use of. trailers de- signed to be attached to motor propelled vehicles shall pay an annual license fee of $1.00 per wheel for all trailers used in the business. Section 2103.20.,; VENDING MACHINES. For every person conducting, managing, operating or maintaining on his premises any weighing, amusement or merchandise .machine or device, not otherwise licensed under this Ordin- ance and not prohibited by law, wherein a sum of money is charged or col- lected for such machine or device by means of a coin slot or otherwise: For each machine or device charging 10 to and including 40 . .. . .... . .. ... . .. ... .. ... ........... ......... $ 6.0.0 A For each machine or device charging 5¢ to and including 9¢ . .. . .. .. . .. .. ... ...... .... ... .. ..... .. .. .... 9.00 A For each machine or device charging 100 and over .... $12.00 A Stamp vending machines dispensing United States stamps for mailing purposes are hereby exempt from the terms and provisions hereof. The above license shall not be required where such machine or device is operated and owned by a person already licensed to conduct a business in an established place of business in the City. The owner of the business 32. ORD. No. 166 wherein the machine or device is located shall be held responsible for the full amount of the license fee if the owner of the machine or device has not paid the fee when due and payable. Section 2103.21. ENFORCM ENT . It shall be the duty of the City Clerk, and he is hereby directed to enforce each and all of the provisions of this Ordinance, and the Chief of Police and the License Inspector shall render such assistance in the enforcement hereof as may from time to time be required by the City Clerk or the City Council The License Inspector in the exercise of the duties imposed upon him hereunder shall examine or cause to be examined all places of business in the City of Huntington Beach to ascertain whether the provisions of this Ordinance have been complied with. The City Clerk and each and all of his deputies, the License Inspector, and any police officer shall have the power and authority to enter, free of charge and at any reasonable time, any place of business required to be licensed herein, and demand an exhibition of its license certificate. Any person having such license certificate theretofore issued, in his possession or under his control, who wilfully fails to exhibit the same on demand, shall be guilty of a misdemeanor and subject to the penalties provided f or.by the provisions of this Ordinance. It shall be the duty of the City Clerk and each of his deputies to cause a complaint to be filed against any and all persons found to be violating any of said pro- visions. Section 2103.22. LICENSE TAX A DEBT. The amount of any license tax and penalty imposed by the provisions of this Ordinance shall be deemed a debt to the City of Huntington Beach. An action may be commenced in the name of said City in any court of competent jurisdiction, for the 33. Ord. No. 766 amount of any delinquent license tax and penalties. Section 2103.23. M EDIES CUMULATIVE. All remedies prescribed hereunder shall be cumulative and the use ,of one or more remedies by the City of Huntington Beach shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof. Section 2103.24. PENALTY FOR VIOLATION. Any person violating any of the provisions of this Ordinance or knowingly or intentionally mis- representing to any officer or employee of this City any material fact in procuring the license or permit herein provided for shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $500.00 or by imprisonment in the City jail for a period of not more than six (6) months, or by both such fine and imprison- ment. Section 2103.25. SEVERABILITY. If any section, subsection, sen- tence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of this City hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, or portions be declared invalid or unconstitutional. Section 7. That Sections 2104, 2104.12 2104.22 21052 21062 21072 2108, 2109 and 2109.1 of the Huntington Beach Ordinance Code, be and they are hereby repealed. 34. Ord.' No. 766 Section S. That Article 211 of Chapter 21, pntitled "Application for License", of the Huntington Beach Ordinance Code and all sections of said Article be, and they are hereby, repealed. Section 9. That Article 212 of Chapter 21, entitled "License Fees", of the Huntington Beach Ordinance Code, and all sections of said Article be, and they are hereby, repealed. Section 10. That Article 213 of Chapter 21, entitled "Issuance", of the Huntington Beach Ordinance Code, and all sections of said Article be, and they are hereby repealed. Section 11. That Article 214 of Chapter 21, entitled "Orders of Council," of the Huntington Beach Ordinance Code, and all sections of said Article, be, and they are hereby, repealed. Section 12. That Article 215 of Chapter 21, entitled "Enforcement," of the Huntington Beach Ordinance Code, and all sections of said Article be, and they are hereby, repealed. Section 13. That Article 216 of Chapter 21, entitled "Revocation: Suspension," of the Huntington Beach Ordinance Code, and all sections of said Article be, and they are hereby, repealed. Section 14. That Chapter 22, entitled "Business License Rates," of the Huntington Beach Ordinance Code and all sections of said Chapter 22 be, and they are hereby, repealed. 35. Ord. No. 766 Section 15. That Chapter 23 of the Huntington Beach Ordinance Code entitled "Particular Businesses," and Articles 231 entitled "Handbills", 232 entitled "Claims Adjusters", 233 entitled t'Second Hand Dealers", 234 entitled "Junk Businesses", 235 entitled "Guest Registers", 236 entitled "Fights", and 237 entitled "Public Utilities", and all sections of said Articles and Chapter be, and they are hereby, repealed. Section 16. 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 Huntington Beach News, a weekly newspaper printed, published and circulated in the City of Huntington Beach, California, and shall take effect and be in force July lst, 1960. PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, this 11th day of April , 1960, Mayor ATTEST: City Clerk 36. Ord, ANo. 766 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, 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 read to said City Council at a regular meeting thereof held on the 4th day of April , 1960, and was again read to said City Council at a regular meeting thereof held on the 11th day of April , . 1960, and was passed and adopted by the affirmative vote of more than a, majority of all the members of said City Council, as follows: AYES: Councilmen: Lambert, Terry, Waite, Irby. NOES: Councilmen: / None. ABSENT: Councilmen: Sork. ity Clerk and ex-officio Clerk of the City Council ,of the City of Huntington Beach, California 37.