Loading...
HomeMy WebLinkAboutOrdinance #904 ORDINANCE No. 904 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH RELATING TO BUSINESS LICENSES; AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY UEREALING CERTAIN SECTIONS THERE- OF AND ADDINT SECTIONS THERETO The City Council of the City of Huntington ..Beach does ordain as follows : Section 1. The following sections of the Huntington Beach Ordinance Code are hereby repealed: Sections 2101 (e) , 2101.1 (h) , 2103, 2103.2, 2103.3, 2103.31, 2103.4, 2103.4.01, 2103.5, 2103. 51, 2103.15, 2103. 6, 2103. 61, 2103.71, 2103.73, 2103.8 , 2103.81, 2103.11 , 2103.110, 2103.72 , 2103.142, 2103.42, 2103.9, 2103. 10, 2103.7, 2103.17 , 2103.14, 2103.12, 2103.16, 2103.101, 2103.102, 2103. 13, 2103.141, 2103. 18, 2103.19, 2103.191, 2103.192, 2103. 193, 2103. 194, 2103.195, 2103. 209 2103. 21, 2103.22, 2103. 23, 2103. 24, 2103.24.1, 21Q3.25 . Section 2. The following sections are hereby added to the Huntington Beach Ordinance Code to read in words and figures as follows : Section 2101 (e) . APARTMENT HOUSE. As used in this ordinance "Apartment House" shall include any building, or portion thereof, which is designed, built, rented, leased, let , or hired out to be occupied, or which is.. occupied as the home or residence of three or more families living independ- ently of each other, in which building or portion thereof , kitchen or cooking facilities are incorporated, whether or not the occupants do their cooking in said building, and shall include flats and apartments . 1. Ord. No. 904 Section 2101 (h) . SPECIALTY CONTRACTOR. As used in this ordinance, a "Specialty Contractor" shall also mean a subcontractor and is a contractor whose.. operations as such are the performance of construction or other work requiring special skill and whose principal contracting business in- volves the use of specialized building trades or crafts or other specialized techniques and who is not classified as a general engineering or general building contractor by the Department of Professional and Vocational Standards of the State of California, and those various categories of contract- ors who are not required to be and who are not licensed as "Contractors" by the aforementioned department. The classifi- cation assigned to Contractors by the State of California will be used in determining the fee for issue of license by this City. A license as a Specialty or subcontractor will not be issued to a person classified by the State as a General or Engineering Contractor unless such contractor holds a valid Sub or Specialty Contractor classification license in addition to his General or Engineering License. Section 2102. LICENSE TAX: HOW AND WHEN PAYABLE. Licenses under classifications "A" , "B" , "C" and "D" .issued to persons who engage in business at a fixed place- of busi- ness within the City of Huntington Beach, shall be based upon a fiscal year from July lst to June 30th of the follow- ing year. Where licenses are issued hereunder for the unex- pired part of the annual or quarter annual term the amount of the license fee shall be proportioned accordingly. Licens- es under classifications "A" , "B" , "C" and "D" issued to per- sons who do not engage in their business from a fixed place of business within the City of Huntington Beach shall cover the period from date of issue to one year from such date. 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 return or statement. 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. 2. i Ord. No, 904 The minimum license fee payable under the "Average Number of Employees" 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 intends 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 applica- tion for license, but prior to issue of license applied for. Those who make application for license under this classifica- tion 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 licensing 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 toward 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 ..j s sue 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 , i:bsue to one year from such date; provided, however, that .if such licensee should_ later be covered under the "Aver- age 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 un- used portion as of the date of coverage under the "Average Number of Employees" under Section 2102. 2 of this ordinance. Section 210J, 2. LICENSE TAX: "AVERAGE NUMBED OF EMPLOYEES. " Every person described in ,the following classifi- cations who engage in business within the City of Huntington Beach shall pay a license tax based upon the "Average Number of Employees" at the rates hereinafter set forth: 3. Ord, No, 904 CLASSIFICATION "A" Abstractor of Titles Chicopractor Accountant Civil Engineer Accounting Service Claim Adjuster Advertising Agent Construction Engineer Agricultural Adviser or Consulting Engineer Counselor Appraiser Dancing Academy Aquarian Chirothessian Dealers in Stocks , Bonds Architect and other securities Assayer Dental Laboratory Attorney-at-Law Dentist Auctioneers Designer Auditor Detective Bacteriologist Detective Agency Bail Bond Broker Draftsman Barber Shop Drugless Practitioner Beauty Shop Electrical Engineer Business Management Electrologist Consultant Certified Public Accountant Employment Agency or Bureau Chemical Engineer Fine Arts or Music School Chemist Geologist Child Nurseries (4 child- Herbalist ren or more) __ Industrial Relations Consultant Chiropodist Insurance Adjuster Labor Relations Consultant Interior Decorator Landscape Architect Investment Counselor Lapidary Oculist Mechanical Engineer Optician Mortician Optometrist Naturopath Oral Surgeon Physician Orchard Care Physician & Surgeon Osteopath Physician Private Home for the Aged Surveyor ( 4 persons or more ) Taxidermist Real Estate Broker Trade or Business School Real Estate Office Tree Removing Sanitation Engineer Tree Surgery Stocks and Bond' Broker Tree Trimming Surgeon Veterinarian 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 : 4. Ord. No. 904 CLASSIFICATIONS CLASSIFICATION "A" Classification "A" as set forth in Section 2103.2. CLASSIFICATION "B" Any person who is licensed as a Contractor or who is defined as a Contractor in subsections (f ) , (g) , or (h) of Section 2101 of this ordinance ; provided, that license for Contractors not maintaining a fixed place of business in the City of Huntington Beach may, at the option of applicant for such license, be based upon the flat-rate fees prescribed in Section 2103.61 of this ordinance. CLASSIFICATION "C" Any person conducting, managing or carrying on a bus— iness consisting mainly of manufacturing, packing, process- ing, carrying or selling at wholesale any goods , wares , mer- chandise or produce, comes under this classification. CLASSIFICATION "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 business not other- wise specifically licensed by other sections of this Chapter comes under this classification. BATES CLASSIFICATIONS "A"; "B" , "C" and "D" First Three Employees . . . . . . . . . . . . . . . . . . . .$25.00 Next Nine ?persons , per employee. . . . . . . . . . 2.50 Next ,F,b'r.ty rpersQns:; per employee a 1.50 All other employees, 1n-'ex6es-sco£ .4Q, . . . . . 1.0)0 -per employee The minimum license in each classification shall be $25.00 per year. In any case where a licensee or an appli- cant for a license believes that his individual business is not assigned to the proper classification under this section because of circumstances perculiar to it, he may apply to the City Clerk for reclassification. Such application shall contain such information as the City Clerk may deem necessary 5. Ord. No. 904 and require in order to determine whether the applicant' s in- dividual business is properly classified. The City Clerk shall then conduct an investigation following which he shall assign the applicant ' s individual business to the classifi- cation shown to be proper on the basis of such investigation. The City Clerk shall notify the applicant of the ac- tion taken on the application for reclassification. Such notice shall be given by serving it personally or by deposit- ing 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 appli- cation, for reclassification. If such request is made within the time prescribed the City Clerk shall cause the matter to be set for hearing before the City Council 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 prescrib ed above for serving notice of the action "taken in the application for reclassification. The City Counc- il shall consider all evidence adduced and its findings there- on 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, month- ly, 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 "M" 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 per- son who already has a city license as provided elsewhere in this Chapter . . . . . . . . . . . . . . . . . $25.00 A By sign or bill posting, sign erection or installation, or any form of outdoor advertising as defined in Chapter 85 of the Huntington Beach Ordinance Code . . . . . . . . $50. 00 A 6. Ord. No. 904 By vehicle containing applifier, 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 own licensed business and such 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 steropticon' biograph, moving pic- tures , or similar device (not moving picture theaters ) , used outdoors . . . . . . . . . . . . . 125.00 A Or, used indoors . . . . . . . . . . . . . . . . 50 .00 A Section 2103.4. AMUSEMENTS. For any amusement center room, business , or parlor containing pool tables and/or bill- iard tables , and/or bowling alleys, for each such table or alley, with a minimum fee of $100.00 per annum. . . . .$15.00 'A Before the license indicated in this section can be is- sued the applicant must obtain a permit from the City Council in accordance with the pr,ovisions of Article 533 of the Hunt- ington Beach Ordinance Code. 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 . . . . . .$100.00 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 oper- ated 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) . 7. Ord. No. 904 SPA �Qn 210 AUCTIONEER. For the business of Auctioneer $25.00 D Section 2103.6. BANKRUPT SALE. For the conducting, managing, 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 $15.00 D Section 2103.2- BATHS. For every person conducting, managing or carrying on the business of giving steam baths, electric light baths, shower baths, electric tub baths , sponge baths , or operating any public bath which maintains in connection therewith, a steam room, plunge, bath or sleeping accommodations . . . . . . . . . . . . $50 .00 A Section 2103.8. 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 2103.9. CONTRACTORS. Every person engaging in business in this city as a contractor, as defined in sub- sections (f ) , (g) and (h) of Section 2101 of this ordinance, who does not engage in- such business from a fixed place of business within this city, and who elects to exercise the option provided for in Section 2103.2 of this ordinance,shall pay a license fee as indicated herein: General Engineering and/or General Building Contractor $ 70.00 A Specialty, subcontractor, or other 35. 00 A 10 Section 2103./DANCING TEACHER. Every person engaged in the profession of dancing teacher who has no regularly established .place of business where instruction in dancing is given . . . . . . . . . . . . . . . . . . . . . $20.00 A Section 2103,12. FORTUNE TELLING, ASTROLOGY, PALM- ISTRY, ETC,,. For every person who carries on, practices , or professes to practice, the business or art of Fortune Telling, Astrology, Palmistry, Clairvoyance, Crystal Gazing, Hypnot- ism, Divination, Magic, Necromacy, Phrenology, or any and all kindred practices, whether same is practiced as a busi- ness or as an exhibition, excepting only religious and char- itable benefits having received a permit from the City Council . . . . . . . . . . . . . . . . . . . $150.00 M 8. Ord. No. 904 Section 2103.13. HOUSE MOVING. House moving or wrecking of buildings and/or structures. . , . . . .$50.00 A Section 210 131. HOUSE MOVING BOND. Every person desiring to engage in the business of housemoving or wreck-. ing of buildings and/or structures, shall before receiving a license for said business execute and deliver to the City Clerk the bond required by Section 2102.10 and 2102.11, in the sum of $5,000.00. Section 2103,14. 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 sub-section a junk collector is defined to be any person, other than a junk deal- er 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 2103,141. JUNK DEALER & AUTO WRECKING. For every person conducting, managing or carrying on the business of junk dealer or auto wrecker. . . . . . . . . . $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 disassembles 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 2103,15. 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 regularly established place of bus- iness where such teaching is carried on $25.00 A Section 2103,16. OFFICE BUILDING. For every person conducting, managing, or carrying on the business of oper- ating an office building, for each office therein $ 2.00 A. Section 2103.17. OUTDOOR THEATRES. For every per- son conducting, managing or carrying on an outdoor theatre where moving or motion pictures are exhibited: 9. Ord No. 904 NUMBER OF STALLS FEE PER ANNUM First 500 200.00 All over 500 . . . . . .30 (30¢) per stall. Separate license shall be obtained for snack bars, food stands and other concessions . . Section 2103,18. PAWN BROKER. Pawn Broker (For the purpose of this section the term 'Pawn Broker' ) includes every person conducting, managing, or carrying on the busi- ness of loaning money either for himself or for 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 previously 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 . . . . . . . . . . . . . . . . . . . . . . . $300.00 A Section 2103.19. PEDDLER. Of flags , banners , balloons cones , horns, kites , noise-making instruments , toys , notions , souvenirs , or similar goods or novelties of any description other than from a stand, tent, wagon, or other vehicle§5.00 D Byvehicle . . . . . . . . . . . . . . . . . . . . . 40.00 A Of any article or commodity not mentioned in this section, in- cluding every person, firm, or corporation conducting the business of selling and delivering any goods for human con sumption directly to the consumer thereof, by means of a regular system of delivery vehicles for the purpose of mak- ing sales and deliveries upon a fixed route, or in the case of food catering vehicles, from place to place, within this city . . . . . . . . . . . . . . . . . . . . $10.00 D $40.00 A Provided: That issue of a license to any person, firm, or corporation under this section shall not be construed to permit violation by such person„ firm, corporation of Article 533 of the Huntington Beach Ordinance Code. The license tax prescribed by this section shall cover one person and in the case of route peddlers , one vehicle only and an additional like fee shall be paid for each ad- ditional such person or vehicle so engaged. Prior to the issue of any license under this section, each applicant shall comply with the provisions of Section 4048 , 4048.1, 4048.2 and 4048.3 of the Huntington Beach Ordinance Code and with the provisions of subsections lb, 2a,b,c,d,e,f ,3,4• and 5 /\ of Section 210s1.82 of this Chapter (766.6, 838.2) . 10. Ord. No. 904 Section 2103,20. 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 .persion conducting,. managing,. . $15.00 per dance. or operating a public dance. For the purpose of this section, certain words and phrases shall be construed as hereinafter set forth: A. Public dance hall is a place open to the public upon the payment of an admittance fee, wherein music is provided 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 admittance fee or charge, which is held on one day only. C. Dinner Dancing Place is a place where music is pro- vided and the public is permitted to dance without payment of a fee ( 766.6) Section 2103.21. PUBLIC UTILITIES. Any public utili- ty operating in the city under a franchise or franchiess from the city, or applicable therein; and who makes franchise pay- ments thereunder is subject to the provisions of this ordinance only to the extent it engages in retail merchandising not cov- ered by the franchise in the city. (766.60- . Section 2103,22. ROOMING HOUSE,APARTMENT HOUSE, MOTEL, BUNGALOW OR AUTO COURT. For .every person conducting, Managing, or carrying on the business of operating an apart- ment house, rooming house, motel, bungalow court, or auto court consisting of three or more rental units : If the average monthly rent does not exceed Fifty Dollars ($50.00) per month, per unit . . . . . . . . . . . . 50¢ peonit If the average monthly rent exceeds Fifty Dollars ($50.00) per month per unit but does not exceed One Hundred (il.00 100.00) per month . . . . . . . . . . . . . . . . . . . . . per unit If the average monthly rent exceeds One Hundred Dollars ($100.00) per month per unit . . . . . . . . . . . . . . . . .$1.50. per unit (766.6) 838.1) 11. Ord. No. 904 Section 2103.23. SKATING RINK. For every person conducting, managing or carrying on any ice or roller skating rink, enclosure or park . . . . . . . . . . . . $100.00 A. Section 2103,24. SMALL STANDS AND BUSINESSES - TEM_ ORARY AND PERMANENT. Every person, not having a regularly established place of business in this city, who sells or of- fers for sale goods or articles of any description in his poss- ession, or services, at, on or from a stand upon any public street, alley, or other public place, or in or from a doorway of any room or building, or unenclosed or vacant lot or par- cel of land, which business is not otherv4ise licensed by the terms of this chapter shall pay a license fee of $25.00 A. or, at option of the licensee . . . . . . . 5.00 D (766.6j . Section 2103,25. SOLICITOR OR CANVASSER.. For every person conducting, managing, carrying on or engaging in the business of telephone solicitation or canvassing, for each such person employed or so engaged r $10.00 D (Prior to the issue of any license under this section, each applicant shall comply with the provisions of. Sections 4048, 4.04.8'. 1, 4048.2 and 4048.3 of the Hunt- ington Beach Ordinance Code and with the provisions of subsections lb, 2a, b,c,d, e,f ,3,4 and 5 of Section 2101.82 of this chapter. This section sha:-1 not ap- ply to any person, or employee or agent or representa- tive of any person whose principal place of business is in and who has a license in this City as provided else- where by this ordinance, or who takes orders only from businesses licensed under this ordinance (766.6, 838 .1) Section 2103,26. 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, lodge- ing house, apartment house, restaurant, dining room or house or place where meals or board or lodging are furnished for compensation . . . . . . . . . . . . . . . . . $50.00 A (766.6) Section 2103.27 , STOCKYARD AUCTION. For every person conducting, managing or carrying on any stockyard, s&les stable or corral where horses, cattle, goats, sheep, mules and other livestock are bought, sold or exchanged at public auction 12 Ord. No. 904 Section 2103,28. TRAILER PARKS. For every person conducting, managing or carrying on the business of trailer park or mobile home park, Fifty Dollars ($50.00) annually for the first 25 trailer spaces - - - $lo50 for each addit- ional trailer space (766.61 838.1) SECtion 2103,29. TRANSPORTATION TRUCKING AND HAUL- ING. Every person engaged in the business in whole or in part, of using or operating any motor vehicle in connection with the conduct of their business, for the transportation of any goods, wares , merchandise, products of any nature, raw materials , waste materials, pipe or castings, tanks or mach- inery or tools 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 schedule for each and every motor vehicle so used or operated in ex- cess 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 (766.61 838.1) . Section 2103,291. SAME. Every person engaged in the business , in whole or in part, of using or operating any motor vehicle in connection with the conduct of their busi- ness, and who uses the public streets or highways of this City for the purpose of such use or operation, for the deliv- ery or transportation of any goods, wares , merchandise, prod- ucts or any nature, raw materials, waste materials , pipe or castings, tanks , machinery or tools of any description, or in connection with rendering services for fees, when said per- son does not have an established place of business within this City, shall pay an annual license fee of $25.00 for each and every vehicle so used or operated other than those vehicles described in Section 2103. 292 (766.6, 838.1) EXEMPTIONS AND EXCEPTIONS: No fee hereunder shall be required for the operation of any motor vehicle or equipment along the streets of this city if such operation is merely occasional or incidental to a business conduct5d elsewhere; provided, however, that no operation shall be deemed merely occasional, if trips or hauls are made beginning or ending at points with- in this city upon an average of more than 13 in any quarter of the year. More than 13 such trips or hauls within any quar- ter shall be deemed doing business within this city. A bus- 13. Ord. No. 904 iness shall be deemed conducted within this city if an of- fice or agency is maintained here or if transportation bus- iness is solicited here. Section 2103,292. 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 or removal of crude oil, petroleum products or petro- leum by-products in any form, rotary mud, sand, stone, dirt fill, asphalt, water, machinery of any description, or any other articles or commodity not otherwise classified in Sections 2103. 29 and Section 2103. 291 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 Section 2103 . 29 and Section 2103 . 2.91 of this Chapter 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 dual rear axles . . . . . . . 12.00 A TANK TRUCK OR TANK WAGON (Semi-trac for and front trailer considered as one tank truck or tank wagon) . For each tank truck or tank wagon . . . . . . . . . . . . . . . . .$40.00 A For each additional tank truck,wagon or trailer. . . . . . 4.00 A (766.67 838.1) Section 2103.30. TRUCK RENTAL OR LEASING. Every person conducting managing, or carrying on the business of renting or leasing the use of 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 or employees or other representative of the person hiring the same at rates per mile, per trip, per hour, per day, per week, per month, per year or any greater period of time, and the truck or vehicle is under the direct- ional control of the person hiring the same, shall pay an annual license fee of $25.00, plus $10.00 for each truck or vehicle over one used in the business . In -the case of persons operating trucks or vehicles in this city, within the meaning of Sections 2103. 291and/or 2103. 292 , when such truck or vehicle has been rented from a truck rental business or agency, the person hav- ing rented or hired such truck or vehicle shall pay the license fee prescribed in Sections2103. 291 or 2103. 292 whichever is applicable and the person in the business of renting or leasing..such truck or vehicle to the rentor or lessee shall not be required to pay additional fee for each such truck or vehicle so rented or leased over one used in the business (766.6. 838.1) . 14. Ord. No. 904 Section 2103- 31. PASSENGER VEHICLE MENTAL OR LEAS- ING. Every person conducting, managing or carrying on the business of renting or leasing the use of any motor propell- ed vehicle for the transportation of persons to be driven by the person or employee or other representative of the per- son hiring, renting, or leasing the same at rates per mile per trip, per hour, per day, per week, per month, per year, or any greater period, and such vehicle is under the direct- ional control of the person hiring the same, shall pay an annual license fee of 25.00 plus $5.00 for each vehicle over one used in the business ; provided, that where a person con- ducts , manages , or carries on the rental or leasing of both trucks and passenger vehicles as one and the same business, from the same place of business, the payment of only one an- nual license fee of $25.00 will be required in addition to the prescribed fees for each vehicle over one used in the business. Section 21�. TRAILER RENTALS. Every person con- ducting, managing or carrying on the business of renting the use of trailers designed 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 . (766.6) . Section 2103.35. TRANSPORTATION - WATER.. Every person engaged in the business, in whole or part, of using or oper- ating any boat or barge in connection with the conduct of their business for the transportation or accommodation of passengers, whether fee for such transportation or accommoda- tion is paid directly or indirectly, or for the transportation of any goods , wares , merchandise, products of any nature, raw materials, waste materials , pipe or castings, tanks or mach- inery or tools of any description, shall pay an annual license fee in accordance with the following schedule. For the first vessel. . . . . . . . . $25.00 A For each and every vessel so used or operated in excess of one vessel : Less than 16 feet in length . . . . . . . . $ 5.00 A 16 feet or over but less than 26 feet in length... . . 10.00 A 26 feet or over but less than 40 feet in length. . . 15.00 A 40 feet or over in length . . . . . . . . . . . . . 20.00 A , Section 2103„36, VENDING AND OTHER COIN OPERATED- MACHINES, For every person conducting, managing, operating or maintaining on his premises any weighing, amusement , service merchandise, food or drink dispensing machine or device not licensed under this ordinance and not prohibited by law,where in a sum of money is charged or collected for use of such machine or device by means of a coin slot or otherwise shall pay an annual license fee in accordance with the following schedule. 15. Ord. No. 904 For each service machine . . . . . . . . . . . . $6.00 A All others : For each machine or device charging 1¢ to and including 4 $2.00 A For each machine or device charging 5d to and including 9¢ $6.00 A For each machine or device charging 10¢ and over. .$12..00 A Stamp vending machines dispensing United States Postage 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 wherein the machine or device indicated herein 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. (766.61 858.1) . Section 2103,37. WATER. COMPANIES. For the maximum number of customers at any one time during the preceding calendar year . per. du' stomsr . . . . . . . . . . . $ .50 Section 2103,38. ENFORCEMENT. 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 requir- ed by the City Clerk or the City Council. The License Inspector in the exercise of the duties im- posed upon him hereunder shall examine or cause to be examined all places of business in the City of Huntington Beach to as- certain whether the provisions of this ordinance have been com- plied with. The City Clerk and each and all of the 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 per- son 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 sub- ject to the penalties provided for 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 provisions . (766.6) . 16. Ord. No. 904 Section 2103.39. LICENSE TAX A DEBT. The amount of any license tax and penalty imposed by the provisions of this or- dinance 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 amount of any delin- quent license tax and penalties (766.6) . Section 2103.40. REMEDIES CUMULATIVE. All remedies pre- scribed 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 2103,41. PENALTY FOR VIOT,,ATION. Any person violating any of the provisions of this ordinance or knowingly or intentionally misrepresenting to any officer or employee of this city any material fact in procuring the license or permit Oerein provided for, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of nor 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 imprisonment. (766.6) . Section 210].42. REVOCATION: SUSPENSION. (a) REVOCATION FOR LAW VIOLATION. Any licensee who shall permit the violation of the city ordinance or state laws or of the laws of the United States of America within his licensed establishment shall be subject to having his license suspended or permanently revoked by the Council. (b) MOTION, COMPLAINT: PROOF, Any license issued here- under may be revoked by the Council upon its own motion or upon the verifiod complaint of any citizen or resident of this City upon proof being made to the satisfaction of the City Council that the licensee is conducting the business licensed in such a manner as to be detrimental to the public health, morals or safety of the general public. (c) HEARING: NOTICE. No such license shall be revoked except upon a hearing// uncil, of which hearing the Li- censee shall have had not less than ten (10) days ' notice. Such notice, written, and served upon the licensee either personal- ly or by certified mail, with return receipt requested, (and when by certified mail, deposited in the United States Post Of- fice at this city not less than ten (10) days before the date of the hearing, addressed to the Licensee at the place for which the license was issued, with postage paid thereon) shall be sufficient notice. 17. Ord. No. 904 (d) HEARING. At such hearing, the licensee shall be entitled to be represented by Counsel, and shall be given full opportunity to show cause why his license shall not be revoked. (838.3) Section 2103 3. SEVERABILITY. If any section, sub- section, sentence, clause, phrase or portion of this ordi- nance is for any reason held to be invalid or unconstitution- al 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, sub-section, 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. (766.6) . Section 3. The City Clerk shall certify to the pass- age 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 30 days after the adoption thereof, the same shall take effect and be in force. PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, this 21st day of May , 1962. ATTEST: Mayor - City �Ork 18. Ord. No. 904 STATE CF CALIFORNIA County of Orange ss City of Huntington Beach I, FAUL C. JONES, 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 ordi- nance was read to said City Council at a regular meeting thereof held on the 7th day of May , 1962, and was again read to said City Council at a regular meeting thereof held on. the 21st day of May , 1962, and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Wells , Gisler, Stewart, Lambert NOES: Councilmen: None ABSENT: Councilmen: Welch City Clerk a x-officio Clerk of the City Council of the City of -Huntington Beach, California 19.