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HomeMy WebLinkAboutORD NO 55as follows: · AN .0RDINANCEEREGULATING AND IMPOSING ~ENICI- PAL LICENB. ES~.' PRESCRI'BI,~G .,]{0W AND.BY ~p~ LICEN SH~iL 'BE ~0BTAINED: M~ING T~'. VIOLATI0~"~}{E~0F MISDE~E~30~,ND PESCRIBING A. PEN~ THEREFOR AND ~JPEALING ORDINANCES NOS. B6, BS, 40 and $i NEW SERIES. BE IT ORDAINED BY THE' COUNCIL OF T~E CITY OF B~XERSFIELD:;...'.'.E SECTION 1. The Chief of Police. of the City. of Bakersfield shall' be ex-officio License Collector for said City; it shall be his 'duty. to. do and. perform all acts required to be done by the License Collector under the provisions of tlais ordinance, as the s~ne now is or may here- after be am~;nd~d; he shall execute all licenses provided for herein' upon the pa~.anent to him of the license fee hereafter provided. for mad the compliance with all of the provisions of this ordinance or .any amencbment .thereto, provided, that no license shall be. issued for any business, 't~:ade, calling or profession for which a pelTnit is 'required. until such pelTnit has first been granted.. ::'.. SECTION 2 '! .':'. ' '.." The City AUditor must prepare and have printed· blank. '."';""'!:~" .'. licenses of all' Classes mentioned in this ordinance in terms of three -..~ six and twelve months, and for such shorter terms ..as are hereinafter authorized. to be issued, ~th a blank receipt attached thereto for the signature of'the Chief of Police, when sold. '2 The said Aud. itof~:'must keep in:.'.'his office a le..~.er in which must be entered· the Chief of Police's accounts for all li.- '\~' censes delivered· tO him, sold or returned unsold., .-' SECTION 4. ..The Chief of Police shall Day over to %he City Treasurer each day., all license fees coll~-c..ted".by..b'~m, te~i~ also, on or before the f. irBt day :i.n each q. uarter f'i'le w.i.t~ sa'i~ .. Bs.~ersf'ield, liable to pay any license fee ~cter the provisions of this ordinance, or as the B~me ~ay be amended. Z~ry license issued. as provided ~erein sh'all became ."."'=."';-]':{'..' ./L1..1 licenses grs.r'r, ed a. nder the provisions ef this ordinar,._c~' or any section hereof, or any amendment hereto, are granted. and accept- ~d by all 'p~trties receiving, said license with the express ~nderstand-' ir~E that the Council of the City if Bakersfield. may revoke the same at any time if any of the conditions of said license or any of the terms of this ord. in~..~nce have been' violated., or if the said license was obtained by fraudulent .representations, or they 'have reason to believe that the holder of such license is s~n anfi~ person to be trusted with the privileges granted therein, or t;hat the business fo~ v~f~ich said. license was granted. is conducted. in such a ms~mer as to be a menace... to the safety of the public. Provided, however, that before revok- ing any 'license, as provided herein, the City CoUncil shall suspend same, and the privileges granted therein, for one week', or until the next r~ula~: meeting.. of said Council, at which tirse the holder of said suspended license may appear before said. Co~mcil in his own be- half' and show cause, if any why sai.d. license should not be revoked. UpO..n.u-.h-i.s.. failure. to so appear, or if after such hearing the Council find. there is' good and. sufficient cause for revoking same, the said license shall be-revoked, and the find. i~ of the Council thereupon shall be conclusive. It shall =be unlawful for any person, firn{ or corporation to continue in ·said. business:, trade, eccupation or=pro- of any license no part of the money paid therefor shall be returned, but ·such license fee shall be fo~.f.~it'e.d ,tO 't~e City of Bakers.f4et".d.,~ and. the said license returned to th~.'Chief of Police.."'. .... SECTION 7. " It shall be unlawful. for any. person, firm or corporation, whether as principal or ag-.~ent, owner or employee, to' commence, enga6.~e in, transact or carry on, within the City of Bakersfield,~ an~ business trade, calling, profession or.occupation upon which· a license fee is imposed by the provisions 'of this ordinance, or any amendment thereto, without first .payi~ such license fee and procuring a license therefor as hereinafter provided.. Such license when'issued shall suthori. ze the party obtaining same to transact the business, trade,' calling, profession or occupation described, therein, in a particular locality within the City of Bakersfield, designated in said license, and ~or the term stated therein. Separate licenses must be obtained. for each establishment or place of business, or br~nch thereof. Licenses issued here~mder shall be non-transferable, except with the permission of the City Co ,~ncil, and shall confer no authority or privilege upon any person, .firm or corporation other than t~xose to whom 'or to which said. license, is issued. or transfered, or to engag. e in, transact, carry on or continue in any business, trade, calling.,, profession or' occupa- tion other than those specified therein, nor at a time subsequent the term fox' which said license is issued.. SECTION 8. Except where otherwise provided, licenses shall be issued ....... quar..t..e_.r.l_~', .c_onm~.e..ncing' on the first day of Janua..ry, ~pril, July and .............. . . . ............. ~.~ .'~:....~.:...~'...... October, respectively, of each year, and shall be due and payable on' said respective dates, except when business is con~nenced during a pending quarter, in which event the license for ~aid quarter shall be due and payable when said business is commenced and. the license ther- for issued. Monthly licenses pr~:e.d:..for herein shall be due and · ... . .~ ..~.?;....-,: . payable on the j first 'day '~ f~'ea~.h"'~!~h; ~..; Daily licenses shall be due and payable each day in advsnce, provided 'h.O;W~Ee~;:; that ~apent may be made for ~y n~ber ' ' "-; ~ .'%. l'~ ". .... ""' ."': ' '. of days in advice, when application therefor is made.· said daily.· :.:~f licenses may be issued at ~y time and for ~y nmber of days. .~?..~f~- .~ .. · , - . .... ~P :-" . ... '. SEOTIO~ "' "~ ' :/]~:f'[".~.. ~' ' . . .e .. .~ .... .,. , .....~jj Every license 'remaini~ ~paid :at the close of the tenth day of the month in which said license is issued, or'a renewal· thereof "~'::" ". .. is . due,whether monthly or quarterly,a penalty of ten per cent (10~) .';~f~'the~o~t of said licens~ shall be added thereto, ~d said s~ shall be col. lec%ed and pa~ent thereof enforced in the s~ne m~ner as other license fees are collected ~d. pa~ent thereof enforced. SECTION 10. Every person, firm or corporation receiving a license as provided herein shall post same conspicuously in his place of business and. all peddlers or other persons Who have no fixed place of business shall have securely fastened or attached to his basket, pack or vehi- cle, a tag or. plate to be furnished by the License Collector, bearing 'the. followir~ 'inscription: "PEDDLB~'S LICENSE No. Expires (date of eJ~p~ration) city of Bakersfield" ' .... :""' provided, that every peddler using a wheeled vehicle shall be provided with two su~:h tags or plates which must at all times be conspicuously i~osted. one on either side of any vehicle used by such peddler; all peddlers or other persons must .produce and show their licenses whenever requested to do so by any person who may make demand to see the same, and any person, 'firm, corporation 'or peddler who shall fail and refuse ' . to post--or exhibit on dem~nd, as the case ~ay. be, their resuective license as provided,~erein, shall in addition to the penalties here- inafter impose~, have his license revoked as provided in section 6 of this ordinm~ce. SECTION 11. It shall be unlawfu!..~'fO..r.~ any' person', firm or cOrporateion to post or exhibit, or permit the same to be posted or exhibited~,'' any license which has' expired,., or whicI~'.'may 'have been revoked,· or .!to. post or exhibit ~nny license during-any p~riod that such license is suspend- ed, as provide~l in section 6 hereof. SECTION 12. The chief of Police and all regular police officers Of the City' of Bakersfield, shall have and exercise the following~ powers: First: 'To make arrest for viol'ation of any of the provisions of this ordinance. Second.: To enter, free of .charge, at any time during.~ business hours, any place of business for v~hich a license is required and provided., and to demsnd the exhibition of such license for the current term, from any person, finn or corporation. e~g.~sg-..ed or' emnloyed in '.the transaction of Said business,' .'tradeL.:or~,pr, ofes..sion~' and. if s~ch persO'n, finn or cornoration shall then and. there fail to emhibit such .license, such person, finn or corporation shall be subject to the penalties provided 'for violation of this ordinance. Third: To enter m.~d inspect, during.. business hours, any place of business ~or W~AiCh a license is granted. under the provisions of this ordina~nce, to see that same is conducted in a safe and lawful. map. nsr. SECTION 13. All persons, finns and corporations to whom licenses have been issued under the provisions of this ordinance, and who de- sire ..upon.t.he expiration of the period· for which such license has been granted, to have same renewed·,..shall upon the expiration as afore- said secure new licenses in place of the license held. by them which · have expired, by applying~ to .the Chief of Police and paying the amount .requi. red, and making.. such statemerit as may be relquired under.~.t.,hi's c ..... . ' . · · '.=~',~ "'.'... .. ..... ."'~.' ......... ,-~,,,-, .. '....,-.. ......"-::j......;" .;'. :'L;"."" ~".~-:'i~;i ~;f~Z~Z :2'~2..'.TM "" '.'~ "' '.· . · '· .....'~': '"' .' . ·· ·- ";'.' · ' ..' " · · "":": ' - .... " "" · · v ' · -' '~ '~"' '~. "" · "~'-"~':' ~'..':'.~3:2::~:~4~'~::" . . . · ;....: .'. ,?"~..-. ·: '., .',,..':..." ~g/"';,((:~,;%:.'.'Z"~,~:"~,~.-:;~: for the business comi~ ~der such repealed section, a' prope'rti:onate ' . " . ' '~ / ..'." · . ."' :'-'Z ...~.~ ,~.. '.,~.,~... . ',.".' ".-.'..,.'}':~-., · ", . . .. '.........:.: ......,....-...... ;.:...,..>::.:. SECTION 15. . ' '.. . .. ...."": · ...."'. ,.'-:'2"'E::x:;;~~{~ t .· ' ." "',. are defined in this section. .,,:...' ...~- (a) For the purpose of this ordin~ce ~ "r~ular", "establi~ed" .. :~**:, .. "pement" ~8. "fixed" place of business, is me~t a pe~ent store office or place where business is legally and regularI'y transacted from month to month, in such manner aS a business of that nature = is generally conducted and where the circumstances show an intention to become an established, fixed and conti'nuous.part of'the regular and. legitimate 'business life of the City of Bakersfield, and not other- wise, and not in a~..y .1.odging~ room~..Or p.!ace where only temporary desk room is used, or where any temporary expedient is resorted. tO for -t .emporary uurpos'es, as d. istin.~.uished from a continuous or perm....~ent business in said· City. (b) For the' purpose of this ordinance the term "itinerant mer- chm~t or vender" of goods, wares and merchandise, shall mean and include all persons, both principal and agent, who engage in a tem- porary and transient business in the' City of'Bakersfield, selling goods, wares or merchandise, and ~no, for the purpose of carrying on such business hires, leases or occupies any room, building or struc- ture, lot or premises for the .exhibition or sale of such g~ods, wares and ..merchandise, and the person, firm or corporation so engaged shall not be relieved from the payment of any license fee wh'ich may be required therefor by reason of any association temporily with any local merchant, dealer'.er..trade~~SjS.all sums ..e.r the ..major '~o~-."'... .t:.ion thereof, received· the.refor~ ..! are· turne~."' o~.er:'~O and become a part of the receipts and eariing. s of said merchant, delaer or trader,· or such exhibition and sale '.is.. a part ..of his said business; provided, that this shall ·not·apply to commercial travelers or selling agents . . · . · . -..~;..',.~...... ·.... ' sellin~ their goods to merchants, dealer or traders, whether· selling for present or future delivery,;..b'y sample or otherwise, nor. 'to ped- dlers, as the same are defined in this ordinance,. nor 'to persons selling,., fruits, vegetables, meat, poultry, butter, eggs and other pro- 'ducts of their own farm or dairy. (c) · The' term "peddler" shall include every person who carrie~.. from p~ace to place in either a pack, vehicle, basket or other con- veyance or contrivance, and offers to or does sell, barter or ex- chang. e any goods, wares and merchandise or books (except religious publications, newspapers or periodi'.~als); provided, that persons fur- nishing to :retail dealers having'sn .established place of business in. the City of Bakersfield, to become a part of said retail dealer's stock in trade in such place of business, and a producer who furnish' es directly and delivers any' poultry, eggs, butter, .f~.uit or '~'egetabte or meat, being the produce of his garden, fa.hn or "dairy, to '.any per- son in the City of Bakersfield, shall not be deemed a peddler within· the meaning of this ordinance. (d) "Goods, wares and merchandise" shall mean and include .every commodity or article of trade capable of being bought, sold and exchanged. SECTION 16. (a) In all cases where the amount of license to be paid. · .:bY any ·person, fi.rm or corporation is basSe.d upOn.the mount of·gross receipts or sales or of business transacted, or·upon the number of tables used for any game, or upon the number of rooms ~n any building, or upon the number of vehicles, or the number of chairs used, such person. finn or corporation' ~H'~j;%"~'fore a liCense'is issued there- fore. render to the Chief. Of Police· a statement .. thereof, in writinC. sworn to b. efore... some officer authorized to administer oaths. that the facts therein set' forth· ~e true,...f.~.'r','the license .perio~ next preceeding the date of such. statement,. Which.."s~tem'ent shall detemine the ~o~."' for which such license shall be is'sued or renewed. No such statement "- shall be Conclusive upon the City of Bakersfield, or upon ~y officer thereof as to the matters therein set forth, ~d the s~e shall not prejudice tl~e ri~t. of said City to. fix' the ~o~t of said license fee at a hi~er ~o~t, should there b'e reason to believ~ that said business should have a higher rati~ th~ that sho~ by said state- ment, nor to recover '~y ~o~t that 'may be ascertained to be due from ~uch person. fire or corporation.. in ~dition to the ~o~t sho~. by such statement to be due in case such etat~ent shauld be fo~d to be incorrect; the Ohief of Poli'ce Shall. ~d he is hereby authorized to fix the ~o~t of said license at a hiker rate. When he has reason to believe or evidence that said statement is incorrect. Any pernon. fire or corporation feeli~ ~rieved or dissatisfied with s~gh rati~ by the Chief of Police, as aforesaid. my appear before the (~o~cil at the next r~ar meeti~ thereof with proof. if ~y, why said license fee should be in accorduce with their said' statement ~xd the findi~ of the Council thereon shall be conclusive and they shall .direct the Ohief of Police to issue said license in accord~ce w'ith ·such find. i~. (b) ~my person, fire or corporation failivg to m~e' such statement as required herein, within fifteen (1~) days after the. begi~i~ oj~ each license period, if such business is eetabli~he~ or in operation duri~ uy part of said fifteen (1~) days, .sh~l be required to pay a license at a maxim~ rate herein prescribed for the business, trade. c~li~ or profession carried on by such person, fire or corporation, ~d. sh~l be ~ailty of a violation of this. ordi- n~ce, ~d liable for the pen~ties provided. therefor; provide.d,.; ho~ SECTION 17. ever, that in any case where ;e .j' .is'~ued for ........................ . :...: receipts Qr. s~es or business tr~sacted.~ an~ :the.;..mi.n~"r~t~'..:.~e.rein-;:'' "': ' ' "·" ' .r ~"' ' '~ ' ' ' " '~" ' "':/' v :.,f~i~;,..... '.,..:..'~Z' ..: .. -. ' .~ ... prescr~,~d shall be charged for my..~ne~..y....:~.~:~b~-:i~.~.~.i~es~. wh'er.ez'['`'' the ~o~t of license therefor is regulated by" the mo~t of receipts .. . . . · ...... .. '.~-.. ,$:. · sales, or business tr~saC~;ed,' duri~ the first license period, or.': .... ,... . ~ -' . '....' · portion .thereof duri'~ which' smch'bu. siness is in'o~eration. ':"~"". . . .. . .. · . .. .....~:, ......... · .~.~ .. ......~.....:. ,..... .... :-;:. All ex-soldiers, sailors or marines, who have been ably discharged from military or marine service of the United States · .... or the Confederate States, who are physically unable to obtain a livelihood by manual labor, and who shall be qualified electors of the State of California, shall be permitted to vend, hawk and peddle any 'goods, wares merchandise, fruits or vegetables (not otherwise 'prohibited by ordinance or law) in the City of Bakersfield, without paying~ a license fee therefor, and upon the presentation' of his cer- tificate of discharge to the Chief of Police, and showing proof o.f his identity as .the person named thorsin, and. the further proof of his ~Hysical disability, the said. Chief of Police shall, and he is' hereby .authorized. to issue to said· honorabl~ discharged· soldier, sailor or me.fine, said. license, free of charge, as aforesaid. SECTION 18. The mounts necessary to be paid. and the rates of license. for .the business, trade, calling, profession or occupation heroin- after named shall be, and the same' is hereby fixed and established according to the following schedule, and. the same shall be paid by persOn. S, finns and corporations. engaged in such business, trade, calling, 'profession or occupation, as follows, toewit: · ~ ·'~ TSEATRES & SHOWS. SECTION 19 · (a)· ··'··' For ·'every perso·n, firm or corporation· e~L~· · "" the business of conducti~ a theatre· st m establ ishSd..~.p!.~ce~/'.o.~.b~si- ness, Wholly within a pemment b~ildi~, c~nstrug~ed for theatrical-.. ~.~. If for less thm one ..month,. Ten Dollars .('~0.00).. per day; if for one month Twenty Dollars ($20.'00). per month' i'f for one year One hundred dollars ($100.00), or Thirty Dollars. ($~0.0.0) per quarter.~'. (b) For every person, finn or corpor~t.i.a~".e~ed in the' business of conducti~ ~ open-air theatre, h~vi~ nO'~f', b~t pro-' vided sme has pendent fire-proof walls, approVed by the Buildi~ Inspector of the City of B~ersfield, the license fee shall be as follows: If for less than one month, Ten Dollars ($10.00). p. er da.v~ if for ·one month, Twenty Dollars ($20.00) per month; if for the season One Hundred Dollars .($100.00) per season or Thirty' Dollars ($30.00) per quarter. (c) For every person,' firm or corporation engaged in the business of conducting an open air show 'or ca~m·ival, theatre or tent show, in any building, or structure not ·having permanent fire~pro.of walls, as provided in subdivision (·b).of this°'section, other 'than provided in subdivision (d) hereof, the licens...e fee shs~l be as fol-' lows: If less .ths~ one month, Twenty-' five Dollars ($25,00) per day; if for one 'month Five Hundred Dollars ($500.00) per month; if for one yem~ Two Thoussnd Five Hundred Dollars ($2,500.00) peryear, ....... or O~e thousand ~($1,000.00 ) per quarter.· (d) For each separate e~ibition of ministrels, opera or concert si~ers, the license sh~l be the' s~e as required for . . theatric~ perfox~ces. The provisions of the above subdivision. ' ~ · · ' .~ -~- , .'. ' .' ' : ....... , · ' ....:1. . '/.· ..... ; .... ~ . ' ~ ' . ,, -;.'.~"'.:~:'~' '. ':..' .'' :..:.. ....... . . .. '....~ ~...... ..... .. , shall not apply to exhibitions o~r;.'..er~tertainments given for the bene~ fit of charches, schools or' char~a~i'e"'..entertainments given b'y any amateur association or literary society' or fraternal organization of this City, or for entertaimnents under the auS~icices of any bona fide Chautauqua Association, / CIRCUS ~ SECTION 20. For each exhibition for' pay of a caravan or .managerie, or any collection of animals, circus or any other acrobatic performanee Fifty Dollars ($50.00) for each performance, and for each show for pay of any panorama figures, jugglers, necromancers, magicians, wire or rope dancing or sleight of hand exhibition ·or other side show, Five Dollars (~5.00) for each exhibition or side show, and when a separate price is charged each must be considered a separate exhibi- tion, and an exhibition in the day time must be considered. one exhi- bition and exhibition after dark on the same day considered. another exhibition. G~3~ES - TESTS OF SKILL. SECTION 21. F For each amusement, game, or test of skill, strength, physical endurance or ·capacity of any kind whatsoever, not otherwise· provided for in this 'ordinance', and for participation in Which a fee is charged or which is conducted for .profit, the sum of Ten Dollars ~.. ($10.00)' per month. 'No license to-be iSsued"for less than one month, · i. · MERRY - GO - ROUNDS. SECTION From the owner, manager or lessee of flying horses or merry-go-to,Ands or Ferris Wheels, the sum of Two Dollars and Fifty cents ($2.~0) per day. 'S B OOT I NG 'G~.LLEi~ ~ SECTION 23. Prom the keeper of a shooting gallery, the sum of Twenty (820.00) dollars,.per quarter. SKATING RINK~ SECTION 24. For the business of keeping~, conduc,ting, managing or maintaining a skating rink, the sum of. Twenty-five ($25.00) dollars, per quarter.. BILLARDS, POOL & BOWLING. SECTION 25. For the business of keeping, conducting, managing or maintaining. billlard, pool or bagatelle tables, or bowli~-~ alleys, the sum of Two dollars and fifty cents (82.50) per quarter, for each billiard, pool 6r bagatelle table, or for each bowling. alley or bed.' No license granted for less than the current quarter. SHOE SHINING. SECTION 26. For the business of keeping or conducting boot blacking' .or shoe shinimg parlors or stands, the sum of Five (85,00) dollars, per quarter, BARBER SHOPS .' ' .. .~. SECTION 27 '~"' For the business of keeping. cond c~ir~g or maintaining a barber shop with three chairs or less, the sum of Five ($5.00) d0!.lars.~ per quarter; for each chair in excess of three chairs the sum of ........ . " " '. ~. ~L '::~f~'~,',:~'.;-'..'~-~ Fifty (O . 50 ) ~.~n'.trs 'q~.er quarter, additional. .... ' :' """' .... PUBLIC BATHS. .. SECTION 28. "' Fo'r the business of keeping, maintaining or furnishi..ng' .,:,. . · ~. ..-. ~ . .~..... .~: -... '. , .. '~:. :... o ~....-.. . .-..::-. .. ..... ... . .... .j' .. '.. co~mection with and as 'a part of 'any.. 0ther business paying a l'icen. s.e-'.'i~ :: ' "~'U'r': .:· . fee under the provisions of thiS' ordinance or any other ordinance. · i. ' .. · ~ ,'. " amend.atory. hereof or su.pplementai'-."h~ereto,the': su~n."of..Fifteen ($15,~'00 ) · . ............~.,:....:..' dollars, per quarter. PHOTOGRAPHERS. SECTION 29. Every person, finn or...cerporation engaged in the b~usiness of photographing or picture making, or any business connected there- with, the license fee shall be as follows: (a) From those.who have a regular and permanent place of business where photographs are m~de, the sum of Fifteen· ($15.00) - dollars, per quarter. (b) From those who have no regular .established.place of business but make photographs 'or sell photographs and Charg'e and receive remuneration therefor, the sum of Twenty-five ($25.00) dollars per quarter. (c) From those who peddle tickets to apply in whole or in ps,rt payment of photographs or .frames by any person, firm or cor- poration. who has not a fixed and pennanent place of business in the City of Bakersfield., or from those soliciting orders for.the same, or for anything in m~y way connected with the business of photographs or soliciting orders for frames, or for soliciting~ orders for enlarged or retouched. photographs, the sum of Fifty ($50.00) dollars, per quar- ter. For the purpose of detenninin~ What persons, firms or ... corporations fall within the purview of. the e~oove pr0Visign, the words "a fixed, permanent place of business" are hereby declared to refer and relate only to those persons, finns end corporations who. have their headquarters permanently .established in the City of Bakersfi.eld, and who from such established place .of business furnish the materials from which frames and other thi..r~s.. r-eferred to in the foregoing '....'..~ section are made. BANI~RUPT, SECTION 30. .... :............. ::..~: .:.. merchandise, drugs, jewelry, drygoods, boots and shows, 'Clothing, hardware, grocery, furniture or other stock of merchandise, shall .pay a license fee of Three hundred ($300.00) dollars, per quarter, , yab .. 'pa l'e in advance; .provided, that this. section shall not apply..to any s.tO.ck".'.~"' of goods owned by any person actu~lly.-.conducting a regular place of business in this city, which stock has been damaged by fire, or water resulting from such fire at his said place of business.' AUCTIONEERS. SECTION 31. (a) · FOr the. business of actil~g as an auctioneer,' the '. '."' sum of Fifteen ($1~'.00) dollars, per quarter; provided, that if the person by whom the auctioneering is done is an itinerant vender of goods, wares or merchandise, temporarily located. in thi.s"city, .he shall pay a.license fee of Fifteen ($15.00) dollars, per .day; provided further, that this section shall not apply to any person sel.Iing~ his own goods, wares or merchandise at.his ·regular established fixed place of business in said City. .' (b) No l~cense sh~'ll"'be reqLuired 'for the selling of'any .~.'-.. goods at public sale belonging' to.~ti~e' United States' or to the State of California, or for the sale of.property by virtue of any process issued by any State 'o~ Federal-'COur. t.,.-,or~for,..-the 'bon~"'fide-sale .of .... ' ~!' ..... ,. "~.- '. .~: " · ": ', ':" " ' :. .i :~'i 'y, household goods at the domicil'e Of the owner thereo'f. . "::' ......... ~ . ... · . . . . . · ~..+ ....~...~. :.~.. ~.:~ .: . ,.. UNSECURED LO~3S. SECTION 3'2. . For the business of loaning money at interest on salaries. wages, incomes or other unsecur.e..d.~'t..osms, ..the..Iicenss fee. Sh~'.l.l:,be...,. PAWN BROKERS, JUNK AND SECOND B~nND D E . "' · '.-.' ::": .'~ ...."'f .... of pawn broker, the sum of Fifty '($~0.00) dollars, per ~uarter', (b) For conducting, .carryin~ on or maintaining the business of Junk dealer or junk 'co.llector, the sum of Fifty ($~0.00) dollars, per quarter, and for each vehicle used for collecting junk- the sum Of Ten ($10.00) dollars, her quarter additional. (c) - For keeping, conductin~q or maintaining_ the business of second-hand dealer, the s~u of Twenty-five ($2~.00) dollars per quarter. AUTOMOBILE WRECKING. SECTION 34. For keeping, conductin~ or maintaining an automobile wrecking business, Where wrecked or damaged automobiles are bought and sold., in whole or in part, the sum of Twenty-five (825.00) dollars per quarter· ITINERANT VENDERS. SECTION 3~. Corn doctors or chiropodists practicing their business or occupation other than at a fixed. place of business, itinerant vendors carrying on the business of selli~ nostrums, ointments, drugs or medical compounds, or any appliance for the treatment of disease or injuries by passing or soliciting from house to house, and every itinerant or travelir4~ merchant or'*ven'd. er of goods, war~s' or merchan" dis,, using music, speeches, oratory, gymanastics, entertainments, or any particular display, show or per.form~ance, or by haranguing crowds in any public hall or building, or on any vacant lot or premises, or " " doing: any act calculated to dra~?a~!.m!~O'Ijlecft '~""'croWd' ]'~'~.~""the"purpose of advertising or selling his said'goods, wares and..merch~di~e, .sha!.'! pay a license fee of Twenty-five ($25.00) dollars per' day. :..." PEDDLERS. SECT I ON B 6. (a) Except as otherwise provided in this ordinance,. every foot peddler of goods, wares or merchandise shall. pay a license fee of Ten ($10.00) ~ollars per day. (b) Except as otherwise provided in this ordinance, every peddler of goods, wares and merchandise usi~E a wheeled vehicle shall pay a license. fee of Fifteen(S15.00) dollars per ds~y; provided, however, the% for peddlers'using js'. wheeled. vehicle in selling fruits, vegetables end other farm or garden products direct to the consumer the license fee Shall be Fifteen ($15.00) dollars per quarter. The provisions of this section shall not apply to any person selling fruits, 15egetables, meats, poultry, ~eggs or butter, raised or produced by themselves, or for selling food stuff cooked or prepared by su~o~~r some member of his family, or for any person peddling minor articles manufactared by himself, or some member of his family when the receipts from such peddling do not exceed One Hundred (~1()0.00) dollars per month. L.'.;..... ICE. DYEING kND CLEANING. SECT I ON ~ 7 · For conducting, carrying on or maintaining a dyeing or cleaning establishment or business, the license fee shall be the sum of Twenty-five ($25.00) dollars per year. SECTION 38. For the business of manufacturing, selling or distribu- ting ice, the s~m of Thirty (830.00) dollars per quarter~ · .' ....' .~. .tt~".'. . . "' ~, ' ~ ' ." . . . .. ,'.., ~.' ... '-. RENT C~RS, AUTOMOB ILES FOR HIRE, STAGES. SECTION 39. (a) For every person, firm or corporatic.re. WhO owns, runs or opem:ates any vehicle fo~!?..transportation.'of persons for hire, except stS~eS or stsg~e lines, "the sum of Forty ' ($$0.Q0)' dollars per annum, for each such vehicle.so used. (b) For every person, firm or corpo_r..a..tion who owns, runs or operates a stage line or sts~e for the transportation of passengers for hire, the sum of forty dollars (840.00) per annum for each such vehicle so used. DRAYS AND MOTOR TRUCKS. SECTION 40. For every person, firm or corposation keeping, ovmin~, operating or running any vehicle' for the transportation of freight or other materials for hire, the license fee shall be as follows: (a) For every horse drawn vehicle having a capacity of not over 2000 pounds, the sum of Ten '($10.00) dollars per year. (b) For every horse drawn vehicle having a capacity over 2000 pounds and not over 4000 pounds, Fourteen ($14.00) per annum. (c) For ever horse drawn' vehicle having a carrying capacity over 4000 pounds but not more than 6000 pounds, ·Sixteen ($16.00) do2llars per annum. (d) For every horse' drawn vehicle having a capacity Over 6000 pounds but not more 6han 8000 pounds, Twenty ($20.00) dollars per annum. (e) For every horse drawn vehicle having a capacity · ov'er 8000 po'unds, Thirty ·($30.00) dollars per annum. .... '.'~"~ ......' ..... (f) For all such' motor driven vehicles having a capacity of not ·over 2000 pounds, Twenty (820.00) dollars per annum. (g)' For every motor driven vehicle hs.ving a capacity over of_~000 pounds but not more than 4000 pounds, Twenty-.eight ($28.00) ~ 'b ~ ':' -' ~i- (h)' For every such 'mOtor driven vehicle having 'a capa- 'oyer city o__~4000 p.ounds'but not mo~e than 6000 poundS, Thirty~two ($B2.00) dollars per annum. (i) For every such motor driven vehicle having a caps- over ..' citv of./6000 pounds but not Over""8000 pounds, ·Forty .(.840.00) dollars per (j) For every such motor driven vehicle having a capa- city of ~ 8000 pounds or over, the sum of Sixty ($60.00) dollars per annurn, SECTION 41. Each vehicle licensel under the provisions of sections '39 and 40 of this ordinance, shall be designated by a number' to be furnished by toe Chie'F of Police, without cost to the owner, which number shall. be placed by such owner upon his said vehicle .in Such manner that· it will be plainly distinguishable whether such vehicle is in motion or not, No 'license provided· for in said sections 39 and 40 shall be' issued for a term less than one year from the first day of 'the current quarter during which said license is issued, PAR~IST AND FORTUNE TELLERS. : SEGTION 42. Every person now engaged in, or who may hereafter become er~gaged in the occupation of practicing the profession of palmist, fortune teller, clairvoyant, phrenologist, astrologer or necrommcer, 'and receivir~ remuneration therefor, the sum Of T~ree h~dnd'~e~'.'(.$~OO:':.d'O) dollars per quarter. or anyy portion thereof. Provided, that any person holding a certificate of'." ord.insiion 'or endorsement as a medium or clairvoyant £rom any.'. national state or lo~;al spiritualist association, shall not be required to take out such license or pay any fee. SECTION 43. Every person eng~age.d in .~he business usa physician, surgeon, chiropractic, dentist, occulist, general contractor, osteo- path, laWyer, or buying selling. or renting real estate or solicitin~· or selling insurance ~d receiv~ comissions thereon and therefor or maintainhE a real estate or insur~ce b~siness for the purpose of buyi~, selli~ or renti~ re~ estat~ or soliciti~ or selli~ insur- ~ce, shall pay a license fee of Twenty-five (82~.00) dollars per No license shall be issued under the provisions of this section to any person e~ed in ~y business, profession or occupa- tion requiri~ a state license to carry on, conduct o~ practice ~e, ~less such person shall e~ibit to the Chief of Police ~ unsuited and ~revoked license entitli~ such person to so carry on, conduct or practice such business, Oa~i%lil~ such ~onduot or p~oticc 6~h bu~inoee, occupation or profession within the State of Califomia, ~d before issui~ any license provided for herein, the said. eh&~f of Police shall require every applic~t therefor to famish satisfactory proof that he is the person n~ned in the license issued by said Mtate of California, or ~y Board of Ex~iners authorized to e~ine and license as aforesaid.· Nothing in this section contained shall be deemed or construed as applying to any person engaged in any of the professions or occupations hereinbefore enumerated, solely as an employee of any other person conducting, manag.~ing or carrying on any'~ such business, occupation or profession in the City of Bakersfield. SECTION 44. · - · " .- -Every person engaged in -business as. a .chiropodist .qr. massear and. maintaining an office in the City of Bakersfield, shall pay a license fee of Five ($5.00) dollars per quarter. SECTION 4~, Every person engsged a license fee of $~.00 per quarter. " " SECTION 46. Every person, firm or corporation whO, at a fixed.place of. business or having a fixed and permanent headquarters Within the City of Bakersfield, sells or offers for sale, any goods, ..wares or.'.merchan' disc, except as otherwise provided in this ordinance, either as 'Pr.f~]~i'. pal or ..agent, whether on connission or otherwise, or whether for ·present · or future delivery, or whether' said goods, wares or merchandise are owned by or consigned to said person, firm or corporation, license fee based on the amount o'f business done in accordance. ~i followin~ schedule: ... :..:...~:~ (a) Where the average monthly gross receipts and. sales'.are i~ that $'~, 000 .00, the sum of $5.00 per quarter. (b) Where the average monthly gross receipts and sales are $2,000.0":~'~'~::".:'. and over but under $4,000.00, the sum of $8.00 per quarter, ~'~~:i~''''i<~'T'~''' (c) Where the average monthly gross receipts and sales are $4,000.0 and over byt under $6,000.00, the sum of $12,00 per quarter. ..~[.:. .":.. (d) Where the avers~e monthly gross receipts and sales are $6,000.0 ....." and over but under $10,000.00, the sum of ~t20.00 per quarter. .:../. . (e) Where the average monthly gross receipts and sales a~e $1(1000,0 "..U"'']I and over but under $14,000.00, the sum of $25.00 per quarter. (.f) Where the average monthly gros~ receipts and sales are and over but under $20,000.00, the sum"of $35.00 per quarter. $14,000. - (g) Where the average monthly gross receipts and sales a~e $20,O00jQ and over but under $30,000.00, the'sum of $45.00 per quarter. (h) Where the average monthly gross receipts and sales are $30,000.0 and over but under $50,000.00, the sum of $80.00 per quarter. (i) Where the aversge monthly gross receipts and sales are $50,000.0 and over,' the sum of $75.00 per ~Uarter. ProVided, however, that where any person, firm or corpora tion carries on said business exclusively at ~holesale, the license fee therefor shall be equal in amount to one-half (½) of the license of that class of which said business ~..u!d come son:,.,:".,.'...';fim or corporation conducts both a retail and wholesale business on. the same premises and desires to take advantage of the wholesale -. rate. said person. finn or corporation shall. in makir~ the statement ...-.... as provided in Section 16 of this ordinance and upon which said license fee shall be based. segregate the wholesale and retail Sales, and. eal'~l~ license fee shall thereupon be paid for each such branch. For the purpose of this ordinance a wholesale dealer is defined to be one who sells exclus. ively to retail dealers; and provided that any article sold to a consumer direct shall be classified as a retail sale. And provided further. that no~hin~ contained or set forth in this section. or e!eewhere in this ordinance. shall apply to any bus hess comin~ within the provisions of the law affectir~ or .relating to interstate co,~nerce. and any person, firm or corporation er~a~ed in or doi~ any such business shall not be required to pay any license fee thereon or therefor. PLUMBERS. SECTION 47. .Every. person. firm or corporation er~s~ed in conductir~. carry ing on or maintaining a plumbing business or plumblanc establishment at a fixed place of business. shall pay a license fee based upon the state- ment filed by such person, firm or corporation coverir~ the amount of monthly gross sales of material and. supplies thereof. whether such sale are included in any contract work or independent thereof, as provided in Section 16 of This ordinance and in accordance with the schedule· provided in. Sect'ion ~6 hereof roSethor with the proviso contained there- in for sales at wholesale as well as at retail. LAUNIX~.IES. SECTION 48. (a) Every person, firm or corporation conducting, operating o or maintainiq~ a laundry business, other than a hand laundry, within the City of Bakersfield, or solicitin~ or collecting laundry work not to be done within said City, or who carries on, conducts or maintains' an office towel supply business or who supplies towels for stores,.. · .~ . ... . · ..' . .~ · '.,. ....· ....· ..' ,.~ ':...., ... .......... .................,... ..... ......:_ ....... · offices or public institutio~s..,.. at~-~egtfi'a.~' i~terv. als'-',..and""n.'f~'~"""St'~ted'''' times, shall pay a license fee based u.p6n the statement filed..by said person, firm or corporation, covering the quarter. next· pSeceeding the date of said statement, as provided in section 16, ~..f :this ordimance., and in accordance with the schedule provided in sect·ion ]46 hereof.. .' (b)' Every person, firm or corporation owning,. operating or 'maintaining a hand laundry, and. using in connection therewith any wagon or other vehicle, shall pay a license fee of Five ($~.00) dollars per quarter for each such wagon or vehicle used. (;~.RAGES; AUTO REPAIRING',' M~C'BiNE. '.'P~,INT AND ELECTRIC REPAIR SHOPS AND VULCANI ZING WORKS. SECTION Every person, firm or cor~ration carrying on. monducting managing or maintaining a public garage, automobile, motorcycle or vulcanizi_r~. works bycicle repair shop, machine shop, 'electric repair shall pay a ·license fee based upon the statement filed by such person·, firm or corporation coverin~ the amount of business done as ,provided in" section 16 of this ordinance, and in accordance With the schedule pro-.. vided in section 46 hereof. ILLUMINATING AND ~/EL OILS. SECTION ~0. Every person firm or corporation, who at a fixed place of business wit.Sin the uity of Bakersfield, sells or offers for sale either at wholesale or retail, any illuminating or fuel oil or.. other by-pro- duct of crude petroleum, and every person, firm or corporation running or operating any wagon or other vehicle from which illuminatir~ or fuel oil or any other by-product of crude petroleum is sold or delivered within said city. shall pay a license fee based upon the statement filed by '~aid person, finn or corporation, as provided in'section 16 of this ordinance and in accordance with .the schedule provided in section 46 hereof. tagether with the proviso contained therein for sales at wholesale as well as at retail. .... - ~ ....,' ....~- ,:..:~ .. .. ,.. .. !~: .,~: .'..:" . .... ....~ ..... .... ~..Z '~.,:. , ~'...,..' ...~,..... ' .... ,; .. ...... . · . of keeping, conducting, managing o"r mainta~ni'ng a COnfectionery store, .... :. .'. .. · :: · ice cream parlor, cigar store, or Stand, soft drink"empori.um"er :root beer. stand, or who at a fixed place of business within the airy of .:.'-" Bakersfield.,. sells or offers for sale, tither as principal or agent any . candy, confections, ice cream, cigars, tobacco, soda p~p, ginger ale, syphon soda, artificial mineral water or any so-called soft drink or non-intocivating or non-alcoholic liquors, shall pay a license fee based upon the statement filed. by said person, firm or corporation, as pro- vided in section 16 of this ordinance coverir~. the receipts and. sales thereof .coveri~ the quarter next preceding the date of said statement.,. and in accordance with the schedule as provided in section ~6 of this ordinance, to,Bother wi~h the proviso contained tOerein for sale at wholesale as well as at retail, -and provided f~rther that if any of the. foregoing articles or commodities are sold by and are a part of the stock of any other merchant or dealer, the same shall be included in and become a part of the sales and receipts included in the statement' given by such merchant or dealer; Provided, however, that for any person, firm or corpora- tion selling or offering for sale any syphon soda, soda water, root beer or any ether so called soft drink, to which carbonic acid Sos is added at the time of said sale, the rate shall be' as provided in section 46 o of this ord. in~mce, as aforesaid., but the minimum license fee thereon and therefor shall be fifteen dollars ($1~.eO)'per quarter, and .no such license shall be issued for a period less than six months. ICE OREAM V~AGONS. SECTION ~2. For.every person peddling, ve.nding, selling or offering". for sale ice cream'or ice 'cream .cornucopias from wagens--'or'~'e'thLer· veh'i-~-.-~.~ cles the licetree fee shall be the sum of five ($~.00) dollars per quar-. ter for each such wagon or vehicle. Provided., that no license shall be issued umdjt thi.s see'- tion except upon the approval of the .Nealth Officer. HOTELS AND LODGING 'HOUSES. SECTION ~3o F~r the business of. keeping, conducting,' mansging or main- tainin~ a hotel, l~i~ o~.ro~mi~ ~use,. ~'ere"~.'~.th~ ~e g~est" rooms ~s rented out, or are fumish.ed..or equipp:sd'~fe~"~nt:~':~ut",'' the. license fee shall be based upon the.receipts thereof, as ~ou.by .~e".' statemint filed as p~vided in section 16 of this ordinnce, ~d in accord~ce ~ the sched~e provided in section 4~ her~f. SECTION 54. The license fee for keeping, conducting, carrying on, managing or maintaining any business, trade, calling, profession.or. occupation heroinafter specifically described in this section shall be based upon the averag..e monthly gross receipts and.' sales thereof or there-. in, as shown by the statement filed by the person, firm or corporation ": .... carrying on, cond.uctin~-% keeping. managing or maintaining the respect- ive trade, co/ling, business, profession or occupation, for the quarter next precedir.~g the date of said. statement, as provided in ·section 16 of this ordinance, and in accordance with the schedule provided in section 46 hereof; said business, trade, calling, profession or occupation being specifically described as follows: Architect, e, Abstracting titles of real estate. Maintaining and publishing a weekly or daily newspaper. Job prin$ing business and soliciting therefor. Typewriter repair shop or selling typewriter supplies. ]feeping sad conducting an undertaking establishment. Carryi~ on or conducting a creamery. ... Keeping or maintaining a warehouse for the storage of any merchan-. disc or goods, or other articles for profit. Canducting, menaging or maintaining a beauty parlor or hairdressing establ i shment, "'" ...... Conductir~ or maintaining a merchant tailoring eatablishment where goods or materials are sold whether independent of or included in order work, ..... Keeping, conducting, managing o~r .maintaining' a res.taur.a~t · . ..~.. -.'..· . '... . :.~.... · '-: ~j.~'-~-'./b... =?' ~..j.~u~.' ~.~' TAM_&LE PARI.0RS AND LUNOH ST~3DS. .:SECTION ~. For every person·, f.i. rm 9r. ,cgrporation' engsged".i.n"':t~'e.:-:busi- ness of conducting a tamale parlor or lunch stand, the license 'fee shall be the sum of Two dollars and. fifty cents ($2.50) per quarter. SECTION The license fee imposed by this ordinance shall be deemed a debt due the City of Bakersfield from an~. against any person, firm or corporation who engages in, conducts, carries on or maintains with- in said City any business, trade, callixtg, profession or occupation upon Which a license is imposed herein, without first having paid. such license fee and procured said. license according to the terms and provisions of this ordinance, and said person, firm or corporation shall be liable in a civil action in the name of the' City of Bakers- field as pl~intiff, in the Police Court of the City of Bakersfield, or any Court of competent jurisdiction, for the recovery of the amount of said 'license fee, and for the costs of suit. SECT I ON 57 · In any action brought under or arising out of any of the provisions of this ordinance, or any amendment hereto, the fact that a party thereto represented himself or herself as engaged in .any business or calling for the transaction of which a license is'required. or that such party exhibiting a sign 'ind. icatin~ sucn business or calling, shall be conelusive evidence of the liabi]~ity of such party to i~ay for a license, as required by this ordinance. SECTION 58. If any section, sub-section, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional 'suO~.~ .'.,": decision shall not affect the validity of th'e remaining portions of ~nis o'rdin~ace. The Council hereby declares that it would have passed this ordinance, and. each section, sub-section, sentence, 'clause and phrase 'thereof, irrespective .of the fact that .amy one ,.o.r...:..more. other sections', unconstitutional sub-sections, se~.~Le~es,..!'clauses or phrases be decl. ared SECTION Any person, firm or Corporation.viol.a~ 'any of the provisions of this ordinance, or wilfully non-complying with any' of the terms, ~:equirements or provisions contained herein, shall be guilty of a misdemenaor and upon conviction thereof shall be punish- able by a fine not to exceed Three hundred. ($300.00) dollars or by imprisonment in the County Jail for a period· not exceedin~g nimety (90) days, or by both such fine and imprisonment. SECTION 60. Ordinances numbered 36, 38, 40 and. 41 New Series, relat'- ing to licenses, and all ordinances and parts of ordinances in conflict herewith are hereby repealed., APPROVED th:'~ . ~//_~./z/~...~y o f ~__~ ...... th~~ City o.f .Bakers field.. I HEREBY CERTIFY that the foregoing' ordinance was passed and adopted by the Council of the City of Bakersfield on the ~-/~, day o f ~~'~-_ ., 1920L by the following vote: Ab~nt-. ~ - Ct k i y Cl~rk' ~d ex-offic~o Clef of the Oo~cil of tne City of B~ersfield. 1920.