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HomeMy WebLinkAboutORD NO 92ORDINANCE NO. NEW SERIES. AN ORDINANCE REGULATING AND IMPOSING MUNICIPAL LICENSES; PRESCRIBING HOW AND BY WHOM LICENSES SHALL BE 0BTAINED; MAKING THE VIOnATION HEREOF A MISD'.-~ANOR AND. 78 and ~2 NEW SERIES. ' ' ' as follows: BE IT 0RDAINED BY THE COUNCIL OF THE CITY 0.F BAKERSFIELd,'''. SECTION 1. The Chief of Police of.the City· of Bakersfield shall be ex-officio License Collector for said City; it shall be hie duty to do and perform all acts required to be done by the License Cel!ecter under the provisions of this ordinance, as the same now is or may. her-~ after be amended; he shall execute all licenses provided for herein " upon the payment to him o~the license fee hereafter provided' for ~d '- the compliance 'with all of the provisions of this ordinance or any " amendment thereto, provided, that no license shall be issued for any._ business, trade, calling or profession for ~ich a permit is required until such permit has ~iret been granted. SEOTION 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 here-· inafter auti~orized to be issued, with a blank receipt attached there- to for-the signature of the Chief of Police when 'sold. SECTION 3. The said Auditor must keep in. his office a ledg_e-:~ ~ ..--~. which must be entered the Chief of Police's accounts for all licem~e-..s_~,..~.~.. SECTION The Chief of Police shall pay Over to' the C'i~.y:.. Tr~s~lre~.::"f:~ each day', all li&ens' fees colle;~ed by him' taki~""~h;'j~.City'~'~i;::..',';:',..'i:';.!i;~;:.~i-~ · ' , ": ...... · · '! ....... '~": ' .':~ Treasurer's receipt therefor, The. said Police must else, on or before the first d.ay in each ..qa~..,t,er.:~-'.fite:~ .' .' said uditor a statement which contains.".the 'names, ..... place of business of all persons, firms and..corporations, within ...:~.. :..'.. the' City of.Bakersfiel'd, liable to pay any'liCense fee unde~ the proVisiOns of this ordinance, or as the same may be amended. Every license issued as provided heroin .shall become null and void at the expiration of the term .for v4ich it is issued. SECTION 6. All licenses granted under the"' provisions of this ordi- nance or any sed. t.ion hereof, or any. amendment l~eretO, are granted and accepted by all .parties receiving sai'd.Iicehse with the express 'understandir~ ;that· the. Council of the City Of Bakersfield. may 'revok'e the same at ~ny tim~ i~ any of the conditions of said license or. any of the terms of this ordinance have been violated, or i~ the said license was obtained by fraudulent representations, or they have·, reason to be lieve that the holder of such license is an' unfit person to be truste~t with the privileges granted therein, or that· the. busi- ne.ss_ for _.:w..'~..~.,'~ .said 1.icense was ~ranted is conducted in such a manner' as to be a menace.. to the safety of the public. Provided, however, that before ~:evoking any license, as provided heroin, the City Court- cil shell su',,pend same, and. the privileges granted therein, for one week, or until the next regular meetin~ of said Council, at which time ....... ' ' " ' ................. ~.-. -:."-L- -'.-; -~ · "' · :'- ...."'."" .....""."':' '. :';."' "' .... · .... , v ' · ' ' · · ~ .. · .. [ .~ . '. .. .; ..7' :'. 9" ..' .., · , .' . ',: . . ...~ profession for ~ai~ said license had been issued duri~ such ' ' ' . :' .' · that 's~e is Suspended, or after s~e has been.revoked;On',~ev~.$;:~.-~"'T:".'~,...~ tion of ay license no p:t of the money ~aid therefor 'shal .be.' "':'.:~;k'~:~"~.::-.'~Y~~ ret.umed, but .su~ license fee shall be forfeited to the City of. · Baersfield, ~d the said· license retu~ed to the Chief of Police, ,.. ..._~- SECTION 7. ' ... It shall be unlawful for any person, firm or corporation, wh.ether as principal Or ..sgent, owner or employe, to cornonce,' engage.. · in, transact. or carry on, within the City. o.f.Bakersfieid, any business trade, calling, profession or occupation upon w'nich.a'2'~icense fee is imposed by the providions of this ordinance, or any amendment thereto', without first paying such license fee and procuring a .license there- fore as heroinafter provided. Such license when issued shal~. 'author- ize the party obtaining same to ~rsnsact the business, trade, calling, profession or occupation described_therein,.. in a.particular locality within the City of Bakersfield, designated. in said license, and for: the term stated. therein. Separate licenses must be obtained for each .' establishment or place of business, or branch thereof, except such establishmezats or places of business as pay a license'fee based upon the schedUle Contai~.n..e...d. in section 46 of this ordinance. SECTION 8. Excep.t .where otherwise provided, licenses shall be issued quarterly, commencing on the first day of January, April, July .and October, respectively, of each year, .and shall be due and payable on ~hereo~ i~ d~e, ~e~her ~n~hly or q.u~erly, ~ pen~7 o~ ~en per s~e m~er ,~ o~her lioen8e ~eee' ~e colleered and p~en~ ~hereo~ enforced. ~very person, ~i~ or corporation reoeivi~ ~ license ness ~d ~11 ped~.~re or o~her persons ~o h~ve no ~ixed pl~e.-.e o~ ~ovided, ~h~ eVe~ ped~er ~ ~ Wheeled. vehicle eh~l' be provided 'in section 6 of this ordinance. SECTION 11. peddlers or other persons must ~roduce ..and Show their~'l.icenses .'-.:'.~.~.~.%.?~.-.~ the s~e, ~d shy. norSon, fire or ·corporation or pe~d!ey..-.~e ~.s~ ~~~.~...~ pen~ties heroinafter impose~, have his license revoked.· It sh~l be ~lawf~ for sy person, fi~ or to post or e~ibit, or pemit the 's~e tO be Dosted or e~i~{~ed ..~..,...~ .......~ ~y license which has expired, or which' may 'have been revoked.,·.· or ~o'''~ post or e~:[bit ~y license d~i~ ~y period. that such license is suspended, as provided 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 pow.ers: · FIRST: To make arrest for violation of any of the provisions of this Ordinm~ce, " SEC~)ND: To 'enter, free of charge, at any time during business.hours, · ' any place of business ~or which a license is required..and 'prOVided.,. ard to demand the exhibition of such' license. for the current term, 'f~.om any person, firm or corporation engaged. or employed in. the transaction of said business, trade or profession, and if .such person, firm...or corporation shall. then and there fail to exhibit such license~~'' ~uch pe~., firm or corporation shall be subject to the penalties provided for violation of this ordinance, THIRD: To enter and inspect, durinE business hours, any place of ordinance, to see that same is conducted in a safe ~d i~aw~i"-:fi/~.'.".?.-~:'' SECTION 13. All persons, finns 'and'corporatiOns to..whom licenses~ij""~...:j'..' ':: have be~n issued under the ~rovisions of this ordinance, and" "' /" "~ "' who desire upon the expiration of the period 'fOr which Su~ch-i.licens:e~:.'Z-. · has been granted,. to have same renewed,, shall ·upon .the expiration as aforesaidj secure new licenses in place of the license held by'them which have expired; by.applying to the Chief of Police and p~.ying the. amoUnt required, and mskin~g such ·statement as may be required under this· ordinance.. " SECTION 14. " If any section of this ordinance is repealed, the Council may, at its discretion, refund to the holder of any unexpired.. license for the business coming under such. repealed section, a pro-... 'portionate amount of the license fee thereon. " '.. SECTION 15. For the purpose of this· ordina~..ce the following words, ~/nerever used herein shall be held, to mean and inclu'~e as the same .are defined in this section. 'at ctlar" (a) For. the purpose of this ordinance a. eg , ."established", "permanent" and Tixed" place Of business, is meant a permanent store, office or place where business is legally and regulam transacted from month to month, in such manner as a business of that nature is generally conducted and wh.ere the circumstances show an intention to become.'an established, fixed and continuous pert. of the regular ,and l'e~it'imate business life of the Ci~"0'~""B~ke:~'~i'~ld~'' ' .. and not otherwise, and not in any lodging room, or place where only temporary desk room is used, or where any temporary expedient is resorted. to for temporary ~ourposes, as distinguished from a continuous furnishe~ directly end delivers any poul.try, e4~..s, butter, ·fruit or ve~.~etable or meat bein~ the produce of his garden, farm or dairy, to any person in the City of Bakersfield., snell not be deemed a peddler within tne meaning of this ordinance. n6.r to reco.ver _any amount : i~[! er · ' ' . ' " ' ' · " : .:" ; .' !'[ l" person, firm' or corporation, in' a~dition to the amount shown by'such" statement to be due in case such statement should be.. found .to be ..:..".~"'::j]""~ ~''''~'; -' .':. · ' ........ ':-'.!'z"-~u':. incorrect; the Chief of POlice shall, and he is hereby authorize~.:;;[!:.:..::.'.' '; ... .-. .. ...... .: .'.~,;...... '.'.':-'.ff .. . .: ,. ~.., to fix the amount of said license'at a hiSher rate when he .has:o~..e.~j~'-...:i.-~.:.~~ to believe or evidence that said .statement is incorrect,, Any- .... . .:.~' ..:..~.-..~....; firm'or corporation feeling aggrieved. or dissatisfied. with· such rating :.' by the Chief Of Police, as aforesaid, 'may .appear. before the Council at the next r~ular meeting thereof with proof, if any, ~t~y' said license fee should be in accordance with their said 'statement and the finding of the Council thereon 'shall be conclusive and they· shall ·direct the Chief 'of Police to issue said license in accordance with such finding. (b ) Any new business heroinafter started or' connenced or any business which has not been conducted or operated· for the period of one year end for which a license .is required to be paid and a statement Of said business made as setforth'in ,tiffs ordinance, said person, fire or corporation so conducting. said business ..shall quarter- ly during the first year said business is being opersted :or. conducted render to the Chief of Police a statement. under oath showing 'the total receipts or sales of said business,' or the number of ·tables used for any game in said business, or the number of rooms, in any building bei. n~ operated in said business, or the number of vehicles used in said business, or the number of chairs Used in said business, for the quarter innediately prior to the issuing or renewal of such license and a like statement shall be made add filed .by the person, fire or corporation .conducting such business at each quarterly license renewal dat6; during 'the first year such new business is conducted. a license fee paid as'hereinabove provided for ~n subdivision (a) of Section 16 of' this ordinance. every . conmodity 'or article of trade capable.of beir~'.bO'~":"';~oi~:-]"'~.''' .--!..~ · .. :; ..~. ;~. -. (a) Iri all cases where the amount of license to. be.. pa.id.. by ariy person, firIn or corporariO1? is based Itpori the amount of'gross receipts or sales or busirieBs trarisaated, or Upori'the riumber of tables tlsed for 'oily game, or upon the nu~lbers of'.r. ooms in any buildir~ or upon the number of vehicles, or upon the number of chairs used, such person, finn or Corporation. shall on the first day of July ..Q.f ..... ~.... eaeh year ~nd before any further license is issued' for said busi..~ess, to render to the' Chief of Police a statement thereof in writing ~Worn . to Before some Officer authorized to administer oaths that the facts therein set forth are true and show the total ~ross receipts or sales ~)..f=said b~lsirieS. S transacted during .the year ilrrn.ediately prior to the making of s~id statemerit, or the n.umber 'of tables used in a~y game,.. or the'number of-rooms in any building, or the number of vehicles, or the number of chairs used in said business d.u..rin~ the year immed- iatelyiprior to the makin~ of such statement; which" statement shall determine the amount due and pay~Bl.e from said business to the City as a license fee for the ensuing year, said' total amount or total yearly license fee due as showri by said statement shall be derided into and. paid in foul; equal quarterly payments ~he first payment due and payable on July 1st, 1~21, at the t~n-'e of the 'renewal of said license and an equal payment at each quarterly license 'renewal date thereafter until a new .statement is filed as required.heroin, No such statement shall be conclusive u. pon the City of Bakersfield., or upon any officer thereof as to the matters therein setforth, and the same shall not prejudice. the right of said City to fix the amo'unt of said licerise fee a~ a hi~;her amount, should there be reason .to believe that said BusineSs should have a higher rating .than that shown by said statement, SECTION 16. disc~ed from .milit~y or ~rine service of. the United St:ate.~,' or. .... hood by m~u~ l~or, ~d ~o sh~l be qu~ified electors of the · of C~ifomis, .sh~l be pemitted to vend, ha~k ~d peddle ~y ~e:e~s; "- wares, merch~dise, fruits or v~etables (not otherwise prChi~ite.d. ~y". ordin~Ce .or law) in the airy of .B~ersfield, without.. ~yi~ $ license fee therefor, ~d upon the presentation of. his certificate of dis~hsr~ 'to ~e Chief 'o'f Police, ~d ~owi~ proof of his 'identity as ~e pe~ ~cn n~ed therein, ~d the f~the~ proof of his physic~ dis~bili.tT, the said Ohief of Police sh~l ~d he is hereby authorized to issue to said honorably discharged soldier, ssilor:'or marine, said license, free of charge, as aforesaid. 'SECTION 18. The amounts necessary to be paid and the rates of license for the 'business, trade, calling i~rofession or occupation heroinafter 'named shall be, and the same is hereby fixed and established according : to' .the following schedule, and the same shall be paid by persons, 'firms and corporations engaged in Such business,-trade, .calling, pro'. fession or occupation, as follows, to-wit: A M U 8 EMLE N T S. S OTION 19. THEATERS AND SHOWS. (a) For every person, firm o.r corporation engaged in 'the business of conducting a theater at an .established place of busi- : - .....~ ....nes. sw' wholly within a-permanent building;. construct-ed-.:fer-%heatrio purposes, the license fee shall be as follows: If for less than one month, Ten dollars ($10.00)'per day; if for one month. Twenty dollars ($20.00) per month; if 'for one year or more at the rate of Thirty dollars ($30.00)'per quarter. .the business of .conductin~ an open air theate~ or vaudeVille,"comic dramatic and operatic productions one '~ear .a~ ~he. r~e o~ Fi~y Doll~S ($~0.00)'per quarter. ""' ...." (~) . For each separate exhibition of min~trals,. opera· Or concert .singers, the license .shall be the same as required for theatrical Performances. The provisions of' the abo~e subdivision slYall not apply ~o exhibitions' or entertainmentS.given' for the benefit · 'of churches, ·schools or charitable entertainments given by any. fraternal organization of this city, or. for entertainments under the auspices of any bona ~ide Chautauqua tssociation.o .. (d) For every person, firm or corporation engaged in the business Of conducting a carnival, the license fee shall be One Hundred ($100o00) dollars per day° SECTION 20. For each exhibition for pay of a caravan or menageries, or any collection of animals, circus, or any other acrobatic perfor- mance, .Seventy-five dollars ($75.00) for each performance and for 'each show for pay of any panermine: figures, jugglers, necromancers, magicians, wire or rope dancing or sleight of hand exhibition or ether side ~ow, Ten dollars ($10.00) for each 'exhibition or side show, and when a sepmate price is charged each must be considered a separate · -exh'ibiti-on, and, an eXhibition .in..the da~ ~ime mus-~, '-be.-censide:red~ene., exhibition, and exhibitions after dark on the same day considered an- other exhibition. SECTION 21. For each amusement game, or test of skill strength,. t ? ->. ...2 . ... · physical endurance or capacity of any kind what. Sos,ver, net othe.rw. is~.e..'(...j. · provided for in this ordinance, and for participation in-Which..a"' 'Y.':~".'.."" ,'...~;....~.-:~'~:. .:-~ fee is charged or which is conducted for profit., the sum of Ten ($10.00) pox month. No license to be issued for less than one M~ - GO - ROUNDS. SECTION 22. From the owner, manager or lessee of flying horses or merry-go~rounds or Ferris Wheels, the sum of Five Do.liars ($5.6~' per day. SHOOTING GALLERIES. SECTION 23 (a)~ .F#om'.the keeper'of a shooting .gallery, the sU~ of Twenty Dollars ($20.00) per quarter. (b) ' For each and every slot machine, card machine, contrivence, .appliance or mechanical device ~ich .pays any coin, slug Or other representative of value, excepting such slot or card machines contriVences, appliances or mechanical devices as are prohibited by Section 330a of the Penal Code of the state of California, the sum of Two dollars ,rod fifty cents ($2.~0) per day.. SECTION 24." EATING RINKS. For the business of keeping. conducting, managing or ~aintaining a skating rink, the sum of Twenty-five dollars ($25.00) per quarter. SECTION 2~. " For the business of 'keeping, conducting, msna~in~ 0.~. './..., maintaining billiard, pool or bagatelle tables, or bowling alleys,. the sum of Three dollars ($3.00) per. quarter for each billiard, poo! or bagatelle table, or for each bowling alley 'br bed. No license granted for leas than the current quarter. · BILLIARDS, POOL AND BOWLING · . ..... 'yT..~.~.-:=. ..::,.,.. ::.i.,-. · '- SECTION 26. SHOE SHINING. ...' For the business of keeping or conducting boot-blacking. or shoe shining parlors or stands, the sum of Five dollars ($~.00)'. per quarter.· BARBER SHOPS · SECTION 27. .. For the business of keeping, conducting or maintaining a barber shop with three chairs or less, the sum of Five Dollars ($~.00) per quarter; for '~ach chair in excess of three chair. s the sum of Fifty cents (.'~0) per quarter, additional'. SECTION 28.· PUBLIC BATHS For the bueAness of keeping, maintaining or furnishing steam, hmmmuu, Turki,sh or any other public baths not conducted in connection and as a part of any other business paying a license fee Under the provisions of this ordinance, or any other o~dinance, smenda- tory hereof or supplemental hereto, the .sum of Fifteen dollars ($15.00)' per quarter. :'-' PHOTOGR~PHERS SECTION 29. Every person, fire or corporation engaged in the business of photographing or picture making, or any' business connected there- with, the license fee shall be as follows: of business where photographs are"'made,"th'e' sum'Of'T-~e s-.- ($2~.00) per.ye, ar. (b) . From those who have no 'regular established. place of business but make. photographs or 'sell photographs and charge and receive remuneration therefor. the s~m of TWenty-five dollars ($2~.00) per quaF~er. (c) From those who peddle tickets to apply in whole or in part payment of photographs or frames by any person, .~irm or 'cor- poration who has not a fixed and permanent 'place of business in the Oity of Bakersfield, or from those so~icit'in~ orders for the same, or for .anything in. any way connected with the business of photographs or soliciting orders for frames, or for SoliCiting orders for. enlarged or retouched photographs, the s~m of Fifty dollars ($~0.00) per quarter or .any fractional part thereof.'. .For the purpose of deteminin~ what persons, rims or corporations fall within the purview of the above provision, the words "a fixed,. permanent place of business" are hereby declared to refer an'd relate only to those persons, firms and corporations who have their headquarters permanently established in the City of Bakersfield, and who from such established place of business furnish the materials from which frames and other 'things referred to in the foregoing section are made. SEOTION 30. BANKRUPT, ASSIGNED OR DAMAGED GOODS Every person, firm or corporation who sells in the City . o .......of Bak.e.rSfield any bankrupt, assigned or dam_~ged ~oods, wares or mer- chandise, 'd.r.'~s, jewelry,' dry goods, boOtS an~' ~hoes, ciSti~i'~,'!'~'hard= ...... ware, grocery, furniture or other stock of merchandise, shall pay a license fee of Three B~ndred dollars ($300.00) per quarter, payable. in advance; provided that this section shall not apply to an.y stock of gOOds owned by any person actually conducting a regular plaoe:...e.'.f.'..huSi.?.. ..... . · ..... .~.. ......... ~ . .... . ......... ... ~..-~:~":~...~,~'.!.~,;;:~.~.::~ ness in this city,· which stock has been· damaged by fire or water " AUCTIONEERS. ' ' SECTION 31. (a) For the business of acting as an auctioneer, .the sum of Fifteen Dollars ($1~.00) per quarter; provided, that if. the ".'. person by whom the auctioneerin~ is done is an itinerant vendor "of ~' goods, ware:a or merchandise, temporarily located in this city, 'he shall pay a license fee of Fifteen Dollars ($1~.00) per day; provided further, that this section shall not apply to any person selling his own goods,. wares or merchandise at his. ragul'ar established fixed .place of. business in said city. " ..... (b) No license shall be required for the selling of any goods at public sale belonging to the United States or to the State of California, or for sale ~.f" property by virtue of any process issued by any State of Federal Court, or for 'the bona fide sale '~hOusehold goods at the domicile of the .owner thereof. SECTION 32. UNSECURED LOANS. For the business of loaning money at interest on salaries · wages, incomes or other unsecured loans, the license fee shall be the sum of One Hundred l)ollars per quarter ($100.00). PAWNBROKERS, JUNK ~ND SEOONDHAND DEALERS SECTION 33- (a), of pawn brol~er, the sum of Fifty Dollars ($~0,00).per quarter. (b)' For 'cond~i~tin~,- carrying. on 'or: m~-intaini. ng. the: business of junk dealer or junk collector, the sum of Fifty Dollars ($~0.00) per quarter, and for each vehicle ·used for' collecting junk the sum of Ten dollars ($10.00) per quarter,· additional. For ~eeping, conducting or carrying on the business -. ( c )' For keeping, conducting or maintaining the --· ~ i~?~-?~,...~ business of second-h~d de~er, the' s~.-'~; ( $2~ .00 ) .per quarter. ..... AUTOMOBILE WRECKING. SECTION 34. For keeping, cenducting or maintaining-an automobile '.. wrecking bU:~iness, where wrecked or damaged auto mobiles are bought and sold. in whole Or in part,-.' ~he sum of Twenty-five dollars ($2~.00) per quarter.. SECTION· 35. ITINERANT VENDORS. Corn doctors or chiropodiete practicing their business or occupation other than at a fixed place .of business, itinerant vendors carrying on the ~usiness of selling 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 traveling merchant Or' vendor of goods', wares .or.merchandise, .u'Si.ng music, speeches, oratory, ~astics, entertain- ments, .or"m~y particular display, show or performance or by harangu- ing crowds in any public hall or building, Or on any.vacant lot or premiseS, .or doing any act calaulated to draw or collect a-crowd for the purpose of advertising or selling his said' goods, wares or mer- chandise, shall pay a'license fee of Twenty-five .dollars ($25.00) per .day. SECtIOn 36. PEDDLERS (a) Except as otherwise provided in .this ordinance ............ every- fo'ot' peddler o-f goods, wares or merchandise shell--pay .ali. cense fee of Ten 'Dollars ($I0,.0.$):!"~a~ ...-::-.......,~ '.:-.'..... - · ""' '. ~.' ::' .~. ':';-:-.".'V ':.-'~ "~.~:~C:.~f.-~-a'~- .....· '..- (b~ ~cept as otherwise provided in ~is ordin~ee, eve~ peddler of goods, w~es ~d merch~dise usi~ a ~eeled_'v. ehicle sh~l pay a license fee of Fifteen dollars ($15.00) per day; presided,. however, that for peddlers usi~ a wheeled vehicle in selli~ fruit.s,' ': ~etabl'es ~d. Other f~ or garden products direct to the cons~er the 'license fee sh~l be Fifteen dollars ($1'5.00) per quarter. The provisions of this.section sh~l not apply' ~o ~y person sell i~ fruits, v~etabl es, meats, ~t~, ~s orf' ~utter, raised or produced by th~selves, or for selli~ foodstuff"cooked or prepared by such person or some member of his .f~ily, or. for ~y person peddli~ minor articles mufactured by himself, or some .'. member of his f~ily when the receipts from such peddli~ do not exceed ~e' ~I~dred' doll~s ($100.00) per month.. ::. . ." SECTION 37. DYEING AND CLEANING. For. .conducting, carrying on or maintaining a dyeing or cleaning establishment or business, they shall pay a license .fee based upon a statement filed by said person, firm or corporation as provided by Section 16 of this Ordinance and in accordance with the schedule provided in section 46 hereof. ICE SECTION 38. For: the business of manufacturing, selling or distributir~ ice, the sum of Thirty dollars ($30.00) per quarter. SECTION 39;'--' ........... RENT CARe, AUTOMOBILE8 FOR'-HIRE,' STAGES (a) For every person, firm or corporation who owns, runs or operates any vehicle for the transportation of persons for hire, except stages o.r stage lines, the sum of "F~Fe~ dollars (~O.00) per annum for each such .vehicle so used. · · (b) For .eve~~e.~'.',~,fix~m or. co,.,~.o~ i n ~ o~.s.... runs or operates a stage line or stage for the-transp~frt~at~{'~i~''' '.' ':' of passengers for hire, the sum of Forty dollars .($40°00) per annum 'for each Such vehicle so used, SECTION 40. RRAYS AND MOTOR TRUCKS operating or other materials for hire, the license fee shall be as follows: For every person, firm or corporation keeping, owning,. running any vehicle for the transportation of freight'or (a) For every horse drawn vehicle having a capacity· of not over 2000 poundS, the sum df .Ten Dollars' ($10.00) per year. ~ (b)' For every horse drawn vehicle havin~ a capacity :~.!-'. .lover 2000 pounds and not over 4000 pounds, Fourteen dollars ($14,00). per year. .. " '(c) For every horse drawn vehicle having a carrying .. capacity' o~'er 4000 pounds but not more then '6000 pounds., Sixteen ... dollars ($16.00) per annum. (d)' For every horse drawn vehicle having a capacity over 6000 poundS, but not more than 8000 pounds, Twenty dollars ($20.00) per annum. (e) For every horse drawn vehicle having a .capacity 'over· 8000· pounds,,. Thirty dollars ($30.00) per annum. (f) For all such motor driven vehicles having a capacity: of not over 2000 pounds, Twenty dollars ($20.00) per annum. "' """ ....." (g) "For ~j-t~ motor driven vehicle 'having ~ capacity of over 2000 pounds but' not more then 4000 pounds, Twenty-eight (428..00) dollars .per annum. (h) For every such motor driven vehicle having 'a capacity of over 4000 pounds but not more than 6000 pounds., Thi'rty.'i.'.... ........ ..... ...........:...-. .....:.:........... .....i.. .........- .... capacity of over.. ~000 pounds but not over 8000 poundS,:-'the. SUm' of .. ]... -.' (j) For every such.motor driven vehicle havin~ .a capS- city of 8000 pounds'or over, the sum of SiXty do'liars ($60.00) per..'.....[. annum, .. SECTION 41. Ea.ch vehicle licensed under the' provisions o.f sections 39 and 40 of this or.dinance, shall be designated by a number to be furnished by the Chief of PoliCe, without Cost to the owner. which number Shall 'be placed by such owner upon his said vehicle in 'such manner that it will be plainly distinguishable'wether such vehicle is in motion or not. No license provided for in said sections ~9 and 40 shall :'. be issued for a term less than one year from the first day Of the cur- rent ·quarter during which said license is issued; PALMIST AND FORTUNE TELLERS Every person now engaged in. or'.Wno may hereafter become engaged in "the occupation of practicing tl~e profession. of palmist. .fortune teller, clairvoyant. phrenologist, astrologer or necromancer, and receivi~ remuneration therefor, the sum of Three Hundred dollars · Z~.$.~O0.O0) per quarter or any portion thereof. · Prov ded at y per on' ldi a certi te of rdi- n ti ,n fiorsem as a me i Or cla r. oyan nat s~"""~p~' ualxst a 'c~at~on' s~ed ~ occ , ation o p fort ller 'rvoy ' phre gist. ,, · r or r . Te~ · ". SECTION 43. as a physici~, surgeon, chiropractic, dentist, occ~ist, '~ener'~ '~ contractor, osteopath, la~er, or buyi~, selli~ or renti~' r.e~ estate ~d receivi~.comissions thereo~ ~d therefor or maint.aini~' a real estate business for the purpose of buyi~, selli~ or.'re~ti~ re~ estate: ~d maintaini~ ~ office in the City of B~ersfield,; sh~l pay a license fee of Twenty-five. doll~s ($2~.00) per year. No license sh~l be issued under the provisions of this section to ~y person, fire or corporation e~ed in ~y business, profession or occupation requirin~ a state license to car~ on, -con- dcct or practice s~e, ~less s~ch person sh~l 'e~ibit to the Chief ~f-Police an ~expired ~d ~revoked license entitl~ scch person to so c~ on, conduct or practice s~ch business, occupation or profess- ion within ~e State of California,.. and before i'Ss~i~ ~y license provided fc:r heroin, the said Chief .of Police sh~l' require every appliC~t therefo'r to furnish satisfacto~ proof that he is the per- son n~ed in the-license' issued by said Sta~e of .C~ifomia, or ~y · Bo~d of ~,~iners a~thorized' to ex~ine ~d license as aforesaid. Nothin~ in this section contained shall be de~ed or con- strued as applyi~ to ~y person e~ed in ~y of the professions or occupations heroinbefore en~erated, solely as ~ employs of ~y other .. person, finn or corporation conducting, m~i~ or car~i~ on ~y such business. occupation or profession in the City of B~ersfield. SECTIGN44. Every person en~sged in buSinesS as .a chiropodist or masscur and maintainin~ an office in the City of Bakersfield, shall pay a license fee 'Of Fi~e dollars per quarter. " .... ~'~"" ...... ~ Every person engaged in business aea veterinarian ..shall . pay a license fee 'o.f Five 'dollars (.$5!.00) per .quarter. SECTION '46. Every person, firm or corporation who, at a fixed place of business or having. a ·fixed and pe.m. anent headquarters' within the City of Bakersfield, sells or offers for sale, any goods, wares or.merchan- dise, except as 'otherwise provided in ·this ordinance, either as princi- pal or agent, 'whether on commission or otherwise, or whether for pre- sent or. future delivery, or whether said goods, wares or ~nerchandise are owned by or consigned to said person, firm or corporation, shall pay a .license 'fee"based:on the amount of buSinesS done in accordance with the !following-' .schedule: (a) Where the average monthly gross receipts and sales are less than $2,000.00, the sum Of $5.00 per quarter. (b) Where the average monthly gross receipts and sales are $2,000'.00 and over hut under $4,000.00, the sum 'of $8.00 per ~uarter, (c) Where the average monthly gross receipts and sales are $4,000..00 .and over but under $6,000.O0,'the sum of $12.00 per quarter.· (d) Where the average monthly gross receipts and sales are $6,000.00 and over but under $10,000.00', the sum of $20.00 per quarter. ............ (e) Where the average.monthly gross receipts and sales 'are $10,000.00 and over but under $14,000.00, the sam of $25.00 per quarter. · . (f) Where the average monthly geoss receipts and sales .are $14,000.O0.and.o'ver bat under..'$20,O00~O0, the' sam of $35.00 per - . .. :.... :...:..~:~;..'....... · . ~::i~`~.~..~u;~!;.~.:;~ii~::.~;~:~`i[J~!~!~..~:;~.!i:?~:.!..:' :-"~! quarter.. :':' .' :.'~...!~i~:f~' ':-'~.'.' (g) ~nere the average monthly gross receipts m~d sales are $20,000.00 and over but under' .$30,000.00 tae s~m o,£ .$45.00 i~er quarter. (h) Where the average monthly gross ·receipts and sal'es are $30,000.00 and over but under .$50, O00.O0, 'the sum of $60.00 per quart er. ~ ( i ) Where the average monthly gross receipts and ssles a,re $50,000.00 and. over the sum of $75.00 per quarter. Provided, however,. that where any person, firm or corporation carries on said business exclusively at. wholesale the license fee therefor shall be equal 'in amount. to one-fourth (1/4) of the license of' that class of which said· business would come if same were conducted as a retail business,· as this section specified, but where said person firm or corporation conducts both a retail and wholesale business on the same premises and desires to teke advantage of the whole:sale rate, said person, firm or corporation shall, in making. the statement as provided in Section 16 of ti~is ordinance and. upon which said·' license fee shall be based; segregate the whole- sale and. retail sales, and said license gee shall thereupon be paid for each such branch. ~br the purpose of this ordinance a ~olesale dealer is defined to be one who sells exclusively to retail dealers; and pro- vided. that Stay article sold. to a consumer direct shall be classified as a retail sale. And provided. . furthe~...,..~'at..=nething .. co. ntained. or setforth . '.""".L ~"".! ?-..~ ..--' '.~'~""'-' ...............-" '" ' ~" ' ":"' '.: "'"' "' ~"~h~ se~t'io:n,L"'0r .elsewhere in this ordinance, shall apply· tO .any business coming within the provisions of the law affecting or relating to interstate commerce, and any person, firm or corporation· engaged in or doing any such business shall not be required to pay any license' ... fee thereof or therefor. "': ' PLUMBERS SECTION 47. Every person, finn or corporation engaged in conducting, carrying on or maintainiD~ a plumbing business or plembing establish- ment' at a fixed place of business, shell pay a l~cense fee based upon the statement filed· by such person·, fizm of corporation covering the amount' o'f monthly gross sales of materials 'and,. supplies thereof~ whether such sales 'are included in any contract work or independent thereof,. as, provided. in Section 16 of this ordinance end in accordance with the schedule provided in Section 46 hereof together With the proviso contained therein for sales at wholesale as well as a~ retail, LAUNDRIES. SECTION .48. (a) Every person, firm or corporation Conducting, operating or maintaining a laundr..y business, other than a hand laundry, within the City of Bakersfield, or soliciting or ~'ollecting 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 institutions, at regular intervals and for stated times, shell pay a license fee based upon the statement filed by .said per. s_on, fi~ or corporatic.n, covering the quarter next preceding the date of said statement, as provided in Section 16, ofTM ~hiS"o~'~*~:~ce,~?'~''''''' and in accordance with the schedule provided in Section 46 hereof. (b)' Every person, firm or corporation owning, operating 'or maintaining a hand 'laundry, and. 'using in connection therewith · . ' i'. ..... -~.. -~c.. , '~'! ..'.. any w~gon or other vehicle, shall pay .a license fee of Five dollars G~GES, AUTO R~AIR, ~OHINE,. PAINT ~D.~EOEI~ · EPAIR 'SHOPS, ~D':V~O~IEiNG SECTION 49.. Every,person, firm or .corporatiOn carrying on,. conduct- ing, managing or main.~Aining a public ga~ragS,...automobile, motorcycle,. or bicycle repair shop, machine shop, electric repair shop, p.a,int shop, or vt~canizing works, blacksmith shop .and ..welding and braising establi'Shm~;nts, shall pay a license fee based upon the statement filed by such person, firm or corporation covering the amount of business done as provided in. section '16 of this ordinance, and in accordance with the schedule provid&d in section 46 he'reof~ ILLUMINATING AND FUEL 0ILS SECTION 50. Every· person, firm or corporation, who. at a fixed place of business within .the City of Bakersfield, sells or offers for sale either at wholesale.or retail, any illuminating or ~uel oil or other by-product of crude petroleum, and ever person,· firm or corporation running or operating any wagon o.r other vehicle from which illumina- ting 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 .said person,. firm or c~rporation, aspprovided in section 16 of this ordinance and in accordance with the schedule· provided in section 46 hereof, together ·with the proviso contained therein for sales at wholesale as well as a.t retail. SECTION 51. CONFECTIONERY, ICE CRE~]~, OlG~qS, TOBACCO. BOFE DRIES .......... -'.-~ .,~,.-.,... Every person, finn or corporation engaged in the busi- ness of keeping, conducting, managing. or maintaining a confectionery store, ice c:resm parlor, cigar store, .or stand, soft drink emporium'. .... ~,.. ;.~:' .. or root beer stand or who at a,. 'fixea'-.p..,~ce of busi~e,ss..~~..:~h:e~:~ii...'..'.... the City. of Bakersfield, sells or... ~fers for sale, ·'either :aa " ": :~ %':':~'!..?.~.~.':. 7~. ':~'.:"": .~-:~,' .--'.-..,--'..~ ~'.~"'~' ", ~ '=-,'.-=~-: ......L. "'..'. :- · principal or S~ent, any candy, confections, ice cream,.. cigar. s,. toba.c. ce · s~da pop, ginger ale: syphon soda, artificial.mineral water or any so- called soft drink or. non-intoxicatin~ or non-alcoholic. liquors.,.. shall pay a license fee based upon the statement filed by Said ·person, " ..:.: firm. or corporation,' as provided in section 16 of this ordinance ~ covering the receipts .and sales thereof covering the quarter 'next preceding the date of said statement end in accordance with the schedule as provided in section 46 of this ordinance,' together with the proviso contained therein for sale at wholesale as well as at retail, 'and. provided further that if any of the foregoh~g articles. or con~nodit. ies 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 merchent or dealer; Provided, however, that for any i~erson, firm or corpora- tiOn selling or .offering for sale any syphon soda, soda water, root beer or any other so-called soft drink, to' w~'ich' carbonic acid gas is added at the time of said sale, the rate shall be as provided in section 46 of this ordinance, as aforesaid, but the minimum license :' fee thereon and therefor shall be fifteemLd611ars ($1~.00) per quarter, and no such 1. icense shall be issued for a period less then six months. SECTION ~2. ICE CRE~M WAGONS For every person peddling, rending, selling or offering' f for sale ice cream or ice cream cornucopias from wagons or oth'er .... ' "v'ehicl-es' th'e-'li'cease fee shall be the-sum of Ten' -.dollar. s..($1O.,OiD)...[:... ..... . ..... per quarter for each such wagon or vehicle.. Provided, that no license shell be issued 'under this section except upon.the approval of the Health O~icer. HOTELS AND LODGING HOUSES SECTION ~S. (a) Bbr the business of keeping or conducting a hotel or lodging house of five rooms or more, but'less than .twenty rooms, the sum. of $~.00 'per quarter. (b) For. the business of keeping or conducting a hotel or lodging house of t~enty rooms or.more but less than thirty-five rooms, the sum of 88.00 per quarter. (c) For the business of keeping Or conducting a hotel or lodging house of thirty-five rooms or more, but less than fifty rooms, the sum of $12'.00 per quarter. (d) ~'or the business of keeping or. conducting a hotel or. lodging house of fifty rooms or more the sum of 815.00 her quart er. - SECTION The license fee for keeping or conducting, csrrying on, managing or maintaining any business, trade, calling, profession or o'ccupa~ion hereinafter specifically described in this section shall be based upon the average monthly gross receipts and sales thereof or therein, as shown by the statement filed by the person, firm or corpora ation, carrying.on, C~nducting, keeping, .maneging or.maintaining the respective trad.e...i.' 'caliing, busii~es'~;"','pi~ofeesion or occupation; 'for"the quarter, next preceding the date of said s~atement, as provided in section 16 of this ordinance, and in. accordance with the schedule p~rovided in section 46 hereof; said.business, trade, calling; profess- ion,or occupation being specifically described 'as follows: · ' A/rchitects ~ " -Abstracting titles of real estate. Maintaining and. publ i shing a weekly o r daily newspaper. Job printing business and soliciting therefor. · Typewriter repair shop or selling typewriter supplies. Keeping and conducting an undertaking establishment° · Carryiz~ on or conducting a creamery. Keepir~; or maintaining a warehouse for the s.torege of any merchan- dise or goods-or other articles for profit. (3onductir~.~, managing or maintaining a beauty parlor or hair-dress' ing establi .shment. ..Conducting or maintianing a merchant tailoring establishment ~here goods or materials are sold whether independent of or included in order work. ~/Keepir~j, conducting, managing or maintaining a restaurant, cafe, cafeteria 'or eating house. Public Accountant. Keeping',., 'conducting, managing or operating any business 'or estab- lishment for which no express provision has heretofore been made in this ordinance. SECTION 55. T~ALE PARLORS AND LUNCH. STANDS. For ever person, firm or corporation en~Eaged in the busi- ness of conducting a. tamale parlor of lunch stand, the 'license ..f-ee .... ~..~ shall Be the sUm of Two dollars and fifty cents ($2.~0) per quarter. SEOTION 56. The license fee i. mpo'Sed 'by"this ordinance shall. be deemed a debt due the City of Bakersfield from and against any person, firm c~ corporation who e~gages in, conducts, carries on or maintains within said City anybusiness, trade, calling, profession or occupation upon which a. license is impwood .heroin, without first ~aVing paid such license fee and procured said license accordi~g .to the terms and pro- visions of this ordinance, and said person firm or corporation shall be liable in a'civil action in the name of the City of Bakersfield as plaintiff 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. SECTION ~7. In any action brought under or arising out of any of the provisions of this ordinance, or any amendment hereto, the fact that a p~rty thereto represented himself or herself as engaged in-any business of' calling .for the transaction of which a' license is required or that such party exhibiting a sign indicating such business or eelling, shall be conclusive evidence of the liability of such party to pay for a license,. asrequired by this ordinance.' SECTION ~8, If any section, sub-section, clause or phrase o'f this ordinance i.s for .any reason held to be unconstitutional such decision shall not affect the. validity of the remaining ~ortions of this ordi- nance. 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 any one or more other sections, ...... su_b.-.s_e_c_~.ions:.' Sentences, clauses· or phrases be declared unconsitution-" SECTION ~9. · Any person, firm or corporation violation any of the provisions of this ordinance or wilfully non-complying with any of the of a miedeme~or. ~d upon convfo~ion ~hereof en~l be by a fine no~ ~o excee~ Three H~dred (~300.00) do~'l~re. or b~ r"'." . :~.~ New Series. rela~i~ ~o licenses, and ~1 ordin~cee ~d p~r~e of ':: .... . ordinates in con~io~ herewith are hereby repe~led. ... I HEREBY CERTIFY that the foregoing or&inance was passed and adopted by the Council of the ·City o'f Bakersfield, on the day-of . 1921, by the following vote: Ayes.-Csrlisle~ GrifSth,-jsve, Houg inson, Smith, Willow. Absent ~ ' · City uler~ and ex-~erk .of the Oooncil of the City of Bakersfield.. APPROVED &his day of · 921. Mayor of the City of Bakersfield. j