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HomeMy WebLinkAboutORD NO 290 as follows: SECTION 1. ORDINANCE N0. ~O, NEW SERIES. AN ORDINANCE ~ENDING ORDINANCE N0. 190, NEW SERIES,.SECTION 19, AND REPEALING SECTIONS 21 AND 22 THEREOF, OF THE CITY OF BAKERS- FIELD, CALIFORNIA. BE IT 0RDAINED BY THE COUNCIL OF THE CITY OF BAKERSFIELD, That Section 19 of Ordinance No. 190, New. Series of the City of Bakersfield, passed and adopted by the Council of said City on August 2Oth, 1923, be and the same is hereby mended to read as follows: SECTION 19. THEATRES AND SHOWS (a) For every person, firm or corporation engaged in the business of conducting a threatre at an established place of business, wholly within a permanent building, constructed for theatrical 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 ($30.00) per quarter. (b) For every person, firm or corporation. engaged in the business of conducting an open air theatre or tent show wherein vaudeville, comic, dr_amatic or operatic productions or perform- ances are given, motion pictures shown or exhibited, as an in- dependent business and not as a part of any other business or entertainment, the license fee shall be the sum of Seventy-five dollars ($V5.00) per day. (c) For each separate exhibition of minstrels, opera or concert singers, the license shall be the same as required for theatrical performances. The provisions of the above subdivi- sion shall not apply to exhibitions or entertainments given for the benefit of churches, schools or charitable entertainments~ given.by any fraternal organization of this city, or for enter- entertainment under the auspices of any' bona ~fide ChaUtaugua Association. SECTION 2. For .every person, firm~ corporation or"association. ownin~'..~maintaining, conducting or presenting a c~nival, as defined herein, in the City of Bakersfield, the following license shall be charged and collected in advance: One hundred fifty dollars ($180.00) per day, and an additional fee or charge of Twenty-five dollars ($25.00) per day for each and every separate ~how, attraction or exhibition carried on by such person, firm, corporation or association .... ~..conducting such carnival. Said fee of Twenty-fi~e dollars ~$25.00) per day to cover each ferris wheel; merry-go-round; Whip; or any other riding device. Said fee is also made to cover attractions such as Old Plantation or any other number ~f freaks or attracttons g~oupedunder similar headings together with all dancing shows, negro minstrels, so-called girl Shows, and other similar attractions carried by traveling carnival organizations. SECTION 3'. That for the purpose of this ordinance'the word "carnival" shall be held to mean and include any group of attractions, such as, ball games, dice games, merry-go-rounds Whips, ferris' wheels, or other riding devices, freaks, dancing shows, negro minstrels, or any other like entertainment or game for which a charge is made for playing or participating therein. If the group of attractions,as mentioned herein, is owned or -conducted by any one.person, firm, corporation'or association, or if'any one or more of the group of attractions, as mentioned herein, is owned by different persons, firms, Corporations or Associations ex~iibi~'ing or showihg 'the attractions at the same time, in each instance the group of attractions shall, for the purpose of this ordinance, be considered a carnival. SECTION 4. For every person,. firm, corporati'on or.~Via$ion conducting any gameS, sh~~ or attractionS'!'mentioned in the ~ass°ciati°~'~uctingr~'carnival, as defined in this ordinance, when said game, show, or attr~ is shown as a part Or at the same time ot~e~. games:#. attractions, as.mentioned herein, are shown, eac "~ '~'~'°'j'n~ firm, corporati6n or association so conducting, managing or operating the' same shall pay a license fee of Twenty-fi~"($28.O0) per ' day. SECTION 5. The license fee, as herein provided, shall not be charged or collected in the event said carnival, asidefined in this ordinance, or the attractions mentioned herein, are conducted entirely for the benefit'of churches, schools or charitable entertainments,given by any fraternal organization located within the City of Bakersfield, where such fraternal organization receives all the moneys or benefits derived from such carnival or attractions, where such carnival is conducted entirely within a building and is not conducted in a tent. SECTION Any person, firm, corporation or association con- ducting..or operating and'flying horses, merry-go-rounds, ferris wheels, or'other riding devices, when said flying horseS, merry- go-rounds, ferris wheels or other riding devices are not shown with any other show, game, attraction or carnival, as mentioned herein, shall pay a license fee of five dollars ($5.00) per day. But when shown or operated at the same time or with any attrac- tion or carnival, game,show or riding devices, as mentioned her'~'in~· th~' the ~lic~n~ ~ee '~hal'l be Twenty-T°i~"'($25 .-00 ) per -"" day. SECTION Every person, firm corporation, or association con- ducting,. operating or managing an amusement game, or test of --3. · ·skill, strength, physical endurance or capaci.~y Of..~.any'ktnd... .... ~.; S V ~at oe er, and for participation in which a fee is ch...a..r.ged or which ts conducted for profit, the license fee .~all be Ten dollars ($iG$00) per month. No license shall be issued for less than one month; PROVIDED,~whenever any such amusement game, test of skill, ,strength, physical endurance or capacity of any kind '~hatsoever, is conducted with or at the same time any other carnival, attraction, or show, as defined and mentioned. in this ordinance, is conducted,. the license fee shall be , in that event, the sum of Twenty-five ($25.00) per day for each muse- ment game, or test of skill, strength,. physical endurance or capacity of any kind. SECTI0~""8. That Sections Zl and 22 of Ordinance No. 190, New Series, of the City of Bakersfield, passed and adoptedby the Council of said City, on August 20th, 1923, be and the same are hereby expressly repealed; and all other sections of Ordinances or Ordinances inconsistent herewith are hereby expressly repealed- SECTION 9 · If any section, sub-section, sentence, clause or phrase of this ordinance is, for any reason, held to be uncon- stitutional or invalid, such decision shall not affect the re- maining portion of this ordinance. the City Council hereby declares that it would have passed this ordinance. and each section and sub-section hereof irrespective of the fact that of any 'one or more/the sections, sub-sections, sentences, clauses or phrases be declared unconstitutional or invalid. SECTION 10. Any person, firm, corporation or.association violating any of the provisions of this ordinance shall be ..... de~mS'~"~quilty '-of' .~.~misd~e.anor and-.: shaT~- .be .dee~%d-gUilty of 'a separate offense for every day during .any portion of which any violation of any provision of this ordinance is committed or permitted, and upon conviction thereof shall be punishable by a fine of no~ more than Three hundr. ed dollars. (.$.300.00) .~ ...,. ra.,~ ".' .'. . ' '. · ~ ~:L~ ..... by imprisonment in the County Jail fop a period not exceeding ninety days (90) or by both such fine and imprisonment. .... o0o .... I HEREBY CERTIFY that the foregoing 0~dinance was introduced, passed and adopted by the Council of the City of Bakersfield, at the regular meeting thereof held on the ~ day of ~ , 192V, by the following vote: Ayes: .Benscn, Carlisle, Carlock, Corb~tt, Johnson, Martin, Stoner ....... · . ........................... City~/~~mcio Clerk o~ Council of the City of Bakersfield. the AP O. th r '~ _day of ~ s fie ~