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HomeMy WebLinkAboutORD NO 346ORDINANCE NO. ~ NEW SERIES AN ORDINANCE REGULATING AND I,M- POSING ~!~ICIPAL LICENSES; DES- ORIBI'-..~.G HOW AlCD BY WH0i~ LICENSES AND PERNITS SHALL BE OBTAINED; i.~KING A VIOLATION HEREOF A MIS- DE~GANOR AND PRESORIBING A PEN- ALTY THEREFOR, AND REPEALING ORD- INANCES L"08. 190, 192, 215, 23S, 246, 249, 250, 264, 288, 290, 301 AND 316 NEW SERIES, A~?D A!,L.JOTHER O ORDI!TAN ES OR PARTS OF..Q~INANC~S IN O0NFLIOT HEREWITH," .v~ BE IT 0RDAINED BY THE 00UNOIL OF THE 0ITY OF BAKERS- FIELD, as follows: SEOTION 1. DUTY OF LIOENSE 00LLEOTOR. '~ It shall be the duty of the License 0ollector of the 0ity of Bakersfield to execute all licenses provided forhere- in upon the payment to him of the license fees as are hereinafter mentioned; provided that no license shall be issued for any busi- ness, trade, calling or profession for which a permit is required, until such permit shall have first been granted. It shall be the duty of the License 0ollector to comply with all the provisions of this ordinance as the same is now or may hereafter be amended. SEOTION 2. 0ITY AUDITOR PROVIDE BLANKS. The 0ity ~uditor in conjunction with the License 0oilsot- or shall prepare and have printed, blank licenses suitable to carry into effect the provisions of this ordinance with blank spaces there- on for the signatures or fac-simile signatures of the 0ity Auditor and the License 0ollector. The 0ity Auditor shall issue to the Lic- ense 0ollector blank licenses as neededltaking the receiut of the License 0ollector for such licenses. 8EOTION 3. 0ITY AUDITOR KEEP LEDGER. The said 0ity Auditor shall keep in his office a ledger in vJnich shall be entered a record of all blank licenses issued, sold and returned unsold. -1- 8EOTION 4. DISPOSITION OF LIOENSE FEES. The License Oollector shall pay over to the. 0ity Treas- umer all license fees collected by him, and shall take from the Oity Treasurer a receipt showing such deposit. The 0ity Auditor shall credit the said License Collector with such money so deposited. SECTION 5. EXPIRATION OF LICENSE. Every license issued as provided herein shall become null and wold at the expiration of the term for which it is issued· SECTION 6. LIOENSE MAY BE EVOKED. All licenses granted under the provisions of this ord- inance or any section hereof, or any amendment hereto, are granted and accepted by all parties receiving said licenses with the ex- press understanding that the 0ouncil of the City of Bakersfield · may revoke the same at any time if any of the conditions of said license or any of the terms of this ordinance or any of the terms of regulating ordinances referred to herein, have been violated, or if the said license was obtained by misrepresentations, or they have reason to believe that the holder of such license is an un- fit person to be trusted with the Drivileges granted herein, or that the business for which said license was granted is conducted in such a manner as to be a menace to the safety of the public. Provided, however, that before revoking any license, as nrovided herein, the City Manager shall suspend same, and the privileges granted therein, for one week, or until the next regular meeting of said 0ounci]~ at which time the holder of said suspended license may appear before said Council in his own behalf and show cause, if any, why said license should not be revoked· Upon his failure to so appear, or if after such hearing the 0ouncil finds there is good and sufficient cause for revoking same, the said license shall be revoked, and the finding of the Council thereupon shall be con- clusive. If the hearing is adjourned the license shall remain sus- pended until such time s~s a fins.1 conclusion is reached by said · It shall be unlawful for any person, firm or corporation -Z- to continue in said business, trade, occupation or profession for' which said license had been issued durin~ such time that same is suspended or after same has been revoked. On revocation of shy license no ~art of the -honey 'oaid therefor shall be returned, but such license fee shall be forfeited to the City of BaketablOid, and the said license returned to the License Collector. SECTION 7. UNLAWFUL TO TRANSAOT BUSINESS WITHOUT LICENSE. It shall be unlawful for any person, firm or corporation whether as principal or agent, owner or employee, to commence, en- gage in, transact or carry on, within the City of Bakersfield, any business, trade, calling, nrofession or occupation unon which a lic- ense fee is i~uosed by the provisions of thisordinance, or any amend- ment thereto, without first paying such license fee and procuring a license therefor as hereinafter provided. Such license when issued shall authorize the natty 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 for the term stated therein. Separate licenses must be obtained for each establishment or place of business, or branch thereof, except such establishments or ulaces of business as pay a license fee based upon the schedule contained in Section 18 of this ordinance. SECTION 8. QUARTERLY,~ MONTHLY AND DAILY LICENSES. Except 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 said respective dates, except when business is commenced during a pending quarter, in which event the license for said quarter shall be due and payable when said business is commenced, provided that in the event business is commenced after the 15th of the second month of a quarter, the license fee shall be one-half (½) of the quarterly amount, unless otherwise specifically provided for, and the license Ihexefor issued, and shall terminate at the end of the quarter so d~gnated so that the next quarter shall commence on either the -3- ... ' '~'~ "' first day. of. January, A~ril, July or October, respectively, of each year. Monthly licenses ~rovided for herein shall be due and payable on the first day of each month. Daily licenses shall be due and payable each day in advance, provided, however, that payment may be made for any num- ber of days in advance, when application therefor is made. Said daily licenses may be issued at any time and for any n~nber of days. SEGTION 9. PENALTY ON OVERDUE LIOENSES. Every license remaining unpaid at the close of the 15th day after which said license is due, or a renewal thereof is due, whether monthly, quarterly or annually, a penalty of twenty-five per cen~ (25~o) of the amount of said license shs.ll be added thereto, and said sum shall be collected and payment thereof enforced in the same manner as other license fees are collected and payment thereof is enforced; provided, however, that the word "PAID" shall for the purpose of this section be held to mean and include the payments being in the office of the License Oollector of the License Depart- ment of the Gity of Bakersfield. And provided, further, that in the event the fifteenth day shall fall u~on a legal holiday, then in that event the fifteenth day shall be held to mean the next busi- ness day immediately succeeding such legal holiday. SEGTION lO. LICENSE TO BE POSTED. Every person, firm or corporation receiving a license as provided herein shall post the same conspicuously in his place of business and all persons who have no fixed place of business and 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 or corporation or peddler who shall fail or refuse to post or exhibit on demand, as the case may be, their respective licenses as provided herein shall in addition to the penalties hereinafter imposed have his license revoked as pro- vided in Section 6 of this Or~inance. -4- SEOTION 11. EXPIRED AND/OR REVOKED LIOENSE. ..... It shall be unlawful fo'~".any person firm or "corporation to post or exhibit, or ~uermit to be posted or exhibited, any lic- ense which has expired, or which may have 5sen'revoked, or to post or exhibit s. ny license during any period that such license is sus- pended, sjs provided in Section 6 of this Ordinance. SEOTION 1Z. POLIOE PO~ER UNDER THIS ORDINANOE. The Ohief of Police and all regular police officers of the Oity of Bakersfield shall have and exercise the following Dowers: FIRST: To make arrest for violation of any of the pro- visions of this ordinance. SE00ND: To enter, free of charge, at any time during business hours, any place of business for which a license is re- quired and provided, and to demand the exhibition of such license for the current term, from any person, firm or corporation engaged or employed in the transaction of said business, trade or profession, and if such pe~'son, firm or corporation shall then and there fail to exhibit such license, such person, firm or corporation shall be sub- ject to the penalties provided for violation of this ordinance. THIRD: To enter and inspect, during business hours, any place of business for which a license is granted under the provisions of this ordinance, to see that same is conducted in a safe and law- ful manner. SEOTION 13. RENEWAL OF LIOE)YSE. All persons, firms or cornorations to whom licenses have been issued under the provisions of this ordinance, and who desire upon the expiration of the period for which such license has been granted to have same renewed, shall upon the expiration as aforesaid secure a new license in place of the license held by them which has expired, by applying to the License Oollector and paying the amount required, and making such statement as may be required under this ordinance, unless a regulating ordinance provides ths~t a permit shall be issued, in which case license shall not be delivered,Au~til a new permit has been obtained. SEGTION 14. REFUND UNUSED LISE~SE. unexDired license for the business coming under such repeale~ or ~ended. section, a proportionate amount of the liC~se fee SEGTION 18. .EX-SOLDIERS, SAILORS A~ ~RINEB. All ex-soldiers, sailors, or marines, honorably discharged from military or m~rine service of the United States, or the Gonfederate States, who are physically unable to obtain a livelihood by manu~l labor, and who .shall be ~ualified electors of the State of G~li~orni~ shall be permitted to vend, -- hawk, and peddle any gooSs, w~res, merchandise, fruits or vege- tables (not other~ise prohibited by orSinance or law) in the ~ity of B~ke~sfield, without paying a license fee therefor, ~nd u~on the presentation of his certificate of discharge to the Ghief of Police, and showing proof of his iSentity ~s the person named there- in, and the further.proof of his physical disability, shall and he hereby authorized to issue to said honorably discharged soldier, ~ilor or marine, ssid permit free of charge, as aforesaid. SEOTION 18. DEFI~.TITIOES. For the pm~pose of this ordinance the following words, whenever used herein, shall be held to mean and include as the s~e are defined in this section. 1. Automobile.- Is defined to mean and include any vehicle that propelled by an Sngine and used on ~ public highway. B. Automobile Dealers'- Is defined to be any person, firm or corporation who carried on, conducts, maintains or eng~es in the business of ~y- ing, selling, exchanging or otherwise de~li~ in automobiles; pro- vided this definition sh~ll not include the term Second Hand Dealer in Automobiles. ~. Automobile V~recking Dealers - Is defined to be any person, firm or corporation who carries on, conducts, maintains or engages in the auto- mobile wrecking business, v~here wrecked or damaged auto- mobiles are bought and sold, in whole or in part. 4. Business - Is defined to denote the occupation or calling in which a person, firm or corporation is engaged for profit or to earn a livelihood. 8. Carnival - Shall be held to mean and~ include any group of attractions such as ball 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 participat- ing therein. If the group of attractions, as mentioned herein, is owned or conducted by any one person, firm, cor- poration or association, or if any one or more of the group of attractions, as ment'ioned herein, is owned by different persons, firms, cotpot tions or associations exhibiting or showing the attractions at t~e ssane time, in each instance the group of attractions shall, for the purpose of this ord- inance, be considered a carnival. 6. Contractor - A contractor within the meaning of this ordinance is a person, firm, corporstion, co-partnership, association, or other orga. nization, or any combination thereof, who for a fixed sum, price, fee, percentage or other ~ompensation other than wages, undertakes with another for the construc- -V- tion, alteration, repair, addition to, or improvement of any building, highway, road, railroad, excavation or other structure, project, development, or improvement, or any part thereof; provided, that the. term "Contractor" as ~sed in this ordinance, shall include sub-contractor, and shall include any owner constructing a building by day labor un- less such building is to be used as the place of residence of said owner, but shall not include anyone who merely fur- nishes materials or supplies without fabricating the same into, or consuming the ssn~e in the perfor~nance of the work of the contractor herein defined. For the purpose of this ordinance, Contractors shall be divided into the following classes: Class "A" Contractors: Shall include all Contractors who are re~.uired by existing City Ordinance to submit to special examination as- to qualifications and carrying individual inspection. Class "B" Contractors: Shall include all Contractors engaged in the busi- ness of constructing or remodeling public buildings or other public improvemonts of any valuation whatsoever. And shall include all Contractors engaged in the business of' constructing or remodeling private buildings of over ten thous- and (~'.~lO,O00.O0) dollars valuation each. Class "C" Contractors: Shall include all Contractors engaged in the busi- ness of constructing or reraodeling buildings with a valua- tion of less than ten thousand ($10,000.00) dollars each. -8- 7. 'Dance, Public- See Public Dance. S, Dance Hall, Public- See Public Dance Hall. 9. Dealer, Automobile- See Automobile Dealers lO. Dealer, Automobile Ureckin~- See Automobile Wrecking Dealer. ll. Dealer, Second Hand Automobiles - See Second Hand Automobile Dealer. 12. Dealer, ~nolesale- See Wholesale Dealer. 13. Established Place of Business - Indicates a permanent store, office or Dlace where busi- hess is legally and regularly 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 continuous part of the regular and legitimate business life of the aity of Bakersfield, and not otherwise, and not in any lodging room, or place where only temporary desk room is resorted to for temporary purposes, as distinguished from a continuous and permanent business in said aity. 14. Endless Ghain- Is defined to mean and include any plan or scheme wherein any person, firm or corporation sells, transfers, assigns or issues to any person any right, property, ticket, coupon, certificate, contract, or other token, and wherein the purchaser, transferee or assignee thereof or the person to whom the same is issued under- takes or is required or permitted to undertake for himself, or as the agent, representative, or attorney of such person, firm or corporation to sell, transfer, assign, or issue to another any right, property, ticket, coupon, certificate, contract or other token which may under certain conditions entitled the purchaser or recipient thereof to any right, property, ticket, coupon, c ertificate, con- tract., or other token and wherein the purchasers~,..transferees, or. assignees thereof from the original purchasers, assignees, or trans- ferees, or from subsequent purchasers, assignees, or transferees are also given, as a consideration for their entry into or participation in such ~lan or scheme and their ourchase or receipt of such right, property, ticket, coupon, certificate, contract, or other token, the right, privilege or obligation of making further sales, assignments, or transfers of any right, property, ticket, coupon, certificate, contract, or other token. 15. Fixed Place of Business - Shall be the same as the definition 'given for "Establish- ed Place of Business" herein. 18. Goods - Shall mean and include every commodity or article of trade capable of being bought, sold or exchanged. 17. Hire - Shall be held to mean and include compensation, reward or revenue derived from the hauling or transportation of passengers, freight or any other material. lS. Itinerant Netchant - "Itinerant Netchant" of goods, wares and merchandise, shall mean and include all persons, both principal and agent, who engage in a temporary and transient business in the 0ity of Bakersfield, selling goods, wares or merchandise, and who, for the purpose of carrying on such business hires, leases or occupies any room, build- ing or structure, lot or premises for the exhibition or s~le of such goods, Pares and merchandise, and the person, firm or corNoration so engaged shall not be relieved from the ~ayment of any license fee which may be required therefor by reason of any association temp- orarily with any local merchant, dealer or trader, unless all the sums or the major portion thereof, received therefor, are turned over to and become a part of th~ receipts and earnings of said ~er- chant, dealer or trader, or such exhibition an~ sale is 'a part....;.(]~..~....::. of his said business; provided, that this shall not apply to .!..Q;~*~'~ commercial travelers or selllug agents, selling their goods to "merchants, dealer or traders, whether selling for present or. future delivery, by s~mple or otherwise, nor to peddlers, as the same are defined in this.ordinance, nor to persons selling fruits, vegetables, meat, poultry, butter, eggs and other nro- ducts of their own farm or dairy~ 19. Itinerant Vendor.- ~"Itinerant Vendor" of goods, wares and merchandise shall be defined the same as the definition given for ":Itinerant Merchant". herein. 20. Junk Dealer - Is defined to be any person, firm or corporation who carries on, conducts, maintains or engages in the business of buying, selling, or otherwise dealing in or acquiring old bottles, scraps, pieces of metal, r~s, old rope, or any old article not to be used in its former state or condition. 21. Junk O. ollector - Is defined to be any person who goes from house to house, or from place to place, gathering, collecting, buying, selling or otherwise dealing in or acquiring any old bottles, scraps, pieces of metal, rags, old rope or any old article not to be used in its. former state or condition. 22. Machines, Vendin~ - See Vending Ztachines. 23. Merchandise - Shall be held to mean the same as the definition given for "Goods" heroin. 24. Merchant, Itinerant - See "Itinerant Merchant" herein. 25. Motor Vehicle - Shall be held to mean and include any truck, automobile or other vehicle driven or propelled by any engine, which vehicle is used for the hauling or transporting of freight or other materials, or any trailer or vehicle attached thereto which hauls or transports f~eight or other materials therein. 26. Peddler- Shall include every person who carries from place to ~lace in either a pack, vehicle, basket or other conveyance'or contrivance, and offers to or does sell, barter or exchange any goods, wares and merchandise or books (except religious publica- tions, newspapers or periodicsis); provided, that persons furnish- ing to retail dealers having an established place of business in the Gity of. Bakersfield, to become a ~art of said retail dealer! s stock in trade in such place of business, and a producer who fur- nishes directly and delivers any poultry, eggs, butter, fruit or vegetable, or meat being the produce of hiS'.garden, fram or dairy, to any person in the 0ity of Bs~kersfie~d. ._.27. Permanent Place of Business - Shall be held to mean the same as the definition given for" Established Place of Business" herein. 28. Pawn Broker - Is defined to be any person, firm or corporation who carries on, conducts, maints.ins or engages in the business of loaning money for interest for himself or any other person, firm or corporation, and receiving goods, wares, or merchandise as a pledge or pawn in security for the payment of same, or who pur- chases articles of personal property andresells or agrees to re- sell such articles to vendors or their assigns at prices ag. reed upon at or before the time of such purchase. 29. Person- Shall be held to mean and include natural persons, co- partnerships, corporations and associations and shall include both sexes. 30. Profession- 8hall be held to mean and include the same as the defini- tion given for "Business" herein. 31. Public Dance - Shall for the purpose of this ordinance be held to mean and include any dance to which the publicgenerally may gain ad- mission upon the payment of a fee. 32. Public Dance Hall - Shall for the purpose of this ordinance be held to mean and include any room, place or space in which a public dance defined herein is conducted. 33. Regular Place of Business - Shall be held to mean and include the same as the defini- tion given for "Established Place of Business" herein. 34. Second Hand Dealer - Is defined to be any person, firm, or corporation who carries on, conducts, maintains or engages in the business~LSf buy- ing or selling or exchanging or otherwise dealing in or acquiring any article or thing that has been sold or used before; Drovided this definition shall not include the term Junk Dealer, PawnBroker, Second Hand Dealer in Automobiles, Automobile Dealers and Second Hand Furniture Dealer as the same is herein defined. 35. Second Hand Furniture Dealer - Is defined to be any person, firm or corporation dealing in, buying, selling or exchanging secondhand household furniture or household goods only; provided, however, that-this definition shall not include any person, firm or corporation who handles or deals in secondhand household furniture or household goods only as an incident to his regular business or one who conducts or main- tains a furniture store and whose principal business consists of buying, selling or dealing in new or unused household furniture or household goods~ 36. Second Hand Dealer in Automobiles - Is defined to be any person, firm or corporation who carries on, conducts, maintains or engaEes in the business of buying, selling, exchanging or otherwise dealing in or acquiring any automobile that has been sold or used before. -l~- 37. Vendor of Goods - Shall be defined the same as the definition for "Itinerant Vendor" herein. 38. Vendin~ Machines - Shall be deemed to mean snd include any machine, contri- vance, devise or appliance which as a result of a deposit of money therein pays only merchandise, the value of which merchand- ise corresponds to the value of the money deposited therein. 39. Wholesale Dealer - Is defined to be one who sells exclusively to retail dealers; and provided that any article sold to a consumer direct shall be classified as a retail role. 40. Wares - Shall be defined the same as the definition given for "Goods" herein. SECTION 17. AMOUNT OF LICENSE FEE TO BE PAID. The amounts necessary to be paid and the rates of lic- ense for the business, trade, calling, profession or occupation hereinafter named shall be, and the same is hereby fixed and es- tablished according to the following schedule, and the same shall be pai'd'by persons, firms and corporations eng~ed in such busi- ness, ~rade, calling, ~rofession or occupation, as hereinafter follows. Nothing in this section contained shall be deemed or construed as applying to any person engaged in any of the ~ro- fessions or occupations hereinafter enumerated, solely as an em- ployee of any other person, firm or corpors.tion conducting, man- aging or csorrying on such business, occupation or profession in the 0ity of B~kersfield, in consideration of direct or indirect gain or profit, to engage in any employment, or to go to work or be at any time in any place of employment. 1. Attorney-at-Law. Every person, firm or corporation engaged in the prof- -1~." ession of Attorney-at-La~; ~n the City of Bakersfield, shall pay a License Fee of twenty-five (i~8.00) dollars per year. 2. Auctioneers. (a) For the business of acting as an auctioneer, the sum of Fifteen Dollars (~15.00) per quarter; provided, that if the person by whom the auctioneering is done is an itinerant vendor of goods, wares or merchandise, temporarily located in this City, he shall pay a license fee of Fifteen Dollars ($18.00) per day; provided, further that this sec- tion shall not apply to any person selling his o..vn goods, wares or merchandise at his regular, established, or fixed place of business in said City. If, in the opinion of the City License Collector, the person selling his goods by auction established a place of business here with the idea of holding an auction and moving on, then, in such case or cases, the license of fif- teen (~18.00) dollars per day applying to auctioneers or it- inerant vendors of goods shall apply during the total period of the auction. (b) No license shall be required for the selling of any goods at public sale belonging to the United States, the State of California, the County of Kern, or the City of Bakersfield, or for sale of property by virtue of any pro- cess issued by any State or Federal Court, or for the bona fide s-~le of household goods at the domicile of the owner the re o f. 3. Auto ~jrecking. For keeping, conducting or maintaining an auto- mobile wrecking business, where wrecked or ds~r~aged auto- -15- mobiles are bought and sold, in whole or in part, the sum of twenty-five ($25.00) dollars per q. uarter. 4. Bankrupt, Assigned or Damaged Goods. Every person, firm or corporation who sells in the City of Bakersfield any bankrupt, assigned or damaged goods, wares or merchandise, drugs, jewelry, dry goods, boots and shoes, clothing, hardware, grocery, furniture or other stock of merchandise, shall pay a license fee of Three Hundred ($300.00) Dollars per quarter, payable in advance; provided that this section shall not apply to any stock of goods o-~ned by any person actually 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. 5. Barber Shops. For the business of keeping, conducting or main- taining a barbershop with three chairs or less, the sum of Five ($5.00) Dollars per o. uav-ter; for ea;~h chair in excess of three chairs the sum of fifty (i~.50) cents per quarter, additional. 6. Baths - Public. (a) For tt~e business of keeping, ~':aintaining or furnishing steam., IIammsn or Turkish baths not conducted in connection with and as a p~:rt of any other business paying a license fee, under the provisions of this ordinance, or of any other ordinance smendatory thereof or supplemental hereto, the sum of fifteen ($15.00) dollars per quarter. " (b) For the business of keeping, maintaining or furn~.shing mineral liq. uid baths, mineral vapor baths, rain- -18- eral mud baths, or any other medical baths not conducted in connection with and as a part of any other business payr ing a license fee under the provisions of this ordinance, or any other ordinance amendatory hereof or supplemental hereto, the s~nn of five dollars (|f;~O.O0) per euarter. V. Billiards, Pool and Bowling. For the bus.~ness of keeping, conducting, m~anaging or maintaining billlard, pool or bagatelle tables, or bowl- ing alleys, the sum of three dollars (~;3.00) per quarter for each billlard, pool or bagatelle table, or for e'~ch bowl- ing alley or bed. 8. Chiropodist and/or .Iv~asseur. Every person engaged !n the business of chiropodist or masseur and maintaining an office in the City of Bakers- field, shall pay a license fee of five dollars ($8.00) per quarter. 9. Contractors. For every person, firm or corporation engaged in the business or acting in the capacity of a contractor, the lic- ense fee shall be payable in advance for each fiscal year, be- ginning July l, as follows: Class "A" Contractor - ~100.00 per year Class "B" Contractor - 80.00 per year Class "C" Contractor - 25.00 per year. 10. Dances - Public. For maintaining o;~ conducting any public dance a lic- ense fee shall be paid as follows: Public Dances - i~lS.00 per quarter. Single Public Dance - $10.00 each. For the above mentioned no license shall be issued by the License Collector untL1 a permit is granted by the City Manager. 11. Drays and Motor Trucks. For every person, firm or corporation keeping, own- ing, operating or running any vehicle for the transportation of freight or other materials for hire, whether the freigJnt or other materials are trsnsporte~ or hauled from a point in- side the City Limits of the City of Bakersfield to a point '. outside said City, or from a point outside of said City to a point of delivery inside the limits of said City, or operat- ing entirely within the limits of said City, the license fee shall be in accordance to the following schedule: (a) .Car.tying Capacity of Horsedrawn Vehicle License Fee Under 2000 pounds - ~4!~10.00 per year 2000 to 3999 pounds - '~,1164.00 per year 4000 to 5999 pounds - .00 per year 6000 to 7999 pounds - ~'20. O0 per year 8000 or over - .30.00 per year (b) Carrying Capacity of I:!otor Driven Vehicle License Fee. Under 2000 pounds - 2000 to 3999 pounds !llE.00 per year - .00 per year 4000 to 5999 pounds - ,722.00 per year 6000 to V999 pounds - ~00.00 per year 8000 or over - .00 per year. (c) For any motor driven vehicle to stand or stop on any public street or alley for the purpose of soliciting or ad- vertising for business of hauling or transporting freight or other materials for hire, the license fee shall be ten ($10.00) dollars per annum. Provided, no license shall be isn.~.ed for a term of less than one year from the first day of the current auarter during which said license is issued. 12. Endless Chain. For every person, firm or corporation who operates, con- ducts, or carries on, or any person who assists or participates in the operating, conducting or carrying on in the City of Bakersf '; any system of merchandising by means of a scheme commonly known as an "Endless Ohain", the sum of twelve dollars ($12.00) per quarter. 13. Hotels, Lodging Houses. For the business of keeping or conducting a hotel or lodging house the license fee shall be in accordance tO the follow- ing schedule: Number of Rooms License Fee 5 to 19 Rooms 20 to 35 Rooms 36 to 49 Rooms 50 to 74 Rooms 75 to 100 Rooms 100 and over - 8 5.00 per quarter. 8 8.00 per quarter. 812.00 per quarter. 815.00 per quarter. 820.00 per quarter. 830.00 per quarter. Provided, however, if a dining or lunchroom, or Ooffee Shop is maintained in conjunction therewith, an additional lic- ense fee based on gross receipts and sales of said dining or lunch room, or Ooffee Shop shall be paid, as provided for in Section 18 of this ordinance. 14. Ice. For the business of manufacturing, selling or distributing ice, the sum of thirty dollars ($30.00) per quarter. 15. Ice CreamWagons. For every person peddling, vending, selling or offering for sale ice cream, ice cream cornucopias, or other iced confec- tions, from wagons or other vehicles the license fee shall be .the sum of fifteen dollars ($15.00) per quarter for each such wagon or vehicle, Provided, that no license shall be issued under this sec- tion except upon the approval of the Health Officer. Provided, further, that no license shall be issued under this section for a period less than six (~) months. 16. Itinerant Vendors. Corn doctors or chiropodists practising their business or occupation other than at a fixed place of business, itinerant ors carrying on the business of selling nostrums~ ointments, dru~a or medical compounds, or any appliances for the treatment of dis- ease or injuries by passing or soliciting from house to 'house, or any person, firm or corporation selling any real property or person- al property, of any kind or description, or vendor of goods, wares or merchandise, using music, speeches, oratory, gymnastics, enter- tainments or any particular display, show or performance or by haranguing crowds in any public hall or building, or on any vacant lot or premises, or doing any act calculated to draw or collect a crowd for the purpose of advertising or selling his goods, wares or merchandise, shall pay a license fee of twenty-five ($25.00) per day. 1V. Junk Dealer and/or Collector. For conducting, carrying on or maintaining the business of Junk dealer or Junk collector, the sum of twenty-five dollars ($25.00) per quarter and for each vehicle for collecting Junk, the sum of ten ($10.00) dollars per quarter. For the above mentioned no license shall be issued by the License Collector until a permit is granted by the City Manager. 18. Laundry' - Hand. For operating or maintaining a haml laundry and using in connection therewith any wagon or other vehicle, a license fee of five ($5.00) dollars per quarter for each such wagon or vehicle. 19. Loans, Mortgages, other than Pawn Brokers. Every person, firm or corporation, who at a regular and fixed place of business engages in the business of loaning and ad- vancing and taking in whole or in part for such loan and advance any chattel mortgage, biil of sale, or other obligation or contract, involving the forfeiture of rights in or to personal property, the use or possession of which is retained by others' than the mortgagee or lender, shall pay a license fee to the City of Bakers field, at the rate of twenty-five ($25.00) per year, provided that the provi- sions of this section shall not be applicable to, or affect in any way the provisions of this o~dinance relative to the collection' of license fees affecting pawnbrokers, or other persons, firms or corporations exempt by State Law. 20. Lunch Stands and Ts~nale Parlors. For every person, firm or corporation engaged in the business of conducting a tamale parlor or lunch stand, the lic- ense fee shall be the sum of Five ($5.00) dollars per quart~.r. 21. Medical and Dental Profession. Every person, firm or corporation engaged in the pro- fession of chiropractic, osteopsth, dentist, optometrist, opti- cian, occulist, physician anti surgeon, or physician or surgeon, in the City of Bakersfield shall pay a license fee of twenty-five ($25.00) dollars per year. 22. Palmist, Fortune Teller, Slai.rvoyant, Etc. Every person now engaged in or who may hereafter become engaged in the occupation of practising the profession of palmist, fortune teller, clairvoyant, phrenologist, astrologer or necro- mancer and receiving remuneration therefor shall pay a license fee in the sum of Five Hundred ($500.00) Dollars per quarter or any portion thereof. For the above mentioned no license shall be issued by the License Collector until a permit is granted by'the City M. ansger. 23. Pawn Broker. For keeping, conducting or carrying on the business of pawn broker, the sum of Fifty ($50.00) Dollars per quarter. For the above mentioned no license shall be issued by the License Collector until a permit is granted by the .~ity Manager. 24. Peddlers. (a) Except as other wise provided in this ordinance every foot peddler of goods, wares or merchandise shall pay a license fee of ten ($10.00) dollars per day. (b) Except as otherwise provided in this ordinance, every peddler of goods, ~vares and merchandise using a wheeled vehicle shall pay a license fee of fifteen ($15.00) dollars per day; provided, how- ever, that for peddlers using a wheeled vehicle in selling - l- · vegetables, and other farm or garden products direct to the consumer the license fee shall be seven dollars and fifty cents ($V.80) per quarter. (c) Every person, firm or corporation not having a fixed and regular place of business within the City of Bakersfield, who sells vegetables, fruits, groceries, dry goods, potatoes or other mer- chandise or other agricultural products shall pay a license fee of Fifty ($80.00) dollars per quarter, and in no ca~e will a license be issued for less than one quarter. (d) The provisions of this section shall not apply to any per- son, firm or corporation selling such fruits, vegetables, meats, poultry, eggs or butter or other minor articles manufactured by him- self or prepared by said person or some member of his family, either cooked, grown or produced or manufactured in Kern County, California. The provisions of this section shall not apply to any per- son selling fruits, vegetables, meats, poultry, eggs or butter, raised or produced by themselves, or for selling foodstuff, cooked or prepared by such person or some member of his family, or for any person peddling minor articles manufactured by himself or some mem- ber of his family when the receipts from such peddling do not ex- ceed one hundred dollars ($100.00) per month. 28. Photographers. Every person, firm or corporation'engaged in the business 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 made, the sum of twenty-five ($28.00) dollars per year. (b) From those who have no regular, established place of business but make photographs or sell photographs and charge and receive remuneration therefor, the sum of twenty-five dollars ($28.00) per quarter. (c) From those who peddle tickets to apply in whole or in f:j~" part payment of photographs or frames by any person,' fix~i~~'rp0ra-" tion who has not a fixed and permanent place of business l~' th~e:.C~'?'::"':'~ ' · . of Bakersfield, or fo'r anything in any way connected with the" '; ........ ess · of photography, the sum of fifty ($50.00) dollars fractional part thereof. "': "" ~'~" ' 26. Real Estate. Every person, finn or corporation engaged in the business of buying, selling or renting real estate and receiving commissions thereon and therefor, or conducting, maintaining or carrying on a real estate business for the purpose of buying, selling or renting real estate in the City of Bakersfield, shall pay a license fee of twenty-five ($25.00) 6e~iars per year. .... ' PPovided, however, that no such person, finn or corporation who is duly licensed in any other city of the State of California shall be required to pay the license provided for in this section until the license 0f such other city expires or unless such person, finn or corporation .maintains an office in the City of Bakersfield. 2V. Rent Cars, Automobiles for Hire, States. (a) For every person, finn or corporation conducting, managing or carrying on the business of running, driving or operating any automobile or motor-propelled vehicle for the transportation of passengers for hire, when driven'by the owner o~ a representative of the owner a~ rates per mile, per trip, per hour, per day, per week or per month, and such vehicle is routed under the direction of such passenger or passengers, or of such persons hiring the same, and when such vehicle does not stand in or upon any public street, alley or other public place while awaiting employment, for each such vehicle the sum of fifteen dollars ($15.00) per year. (b) For every person, finn or c0~poration conducting, managing or carrying on the business of letting the use of any automobile motor-propelled vehicle for the transportation of passengers for hire, to be driven by the persons hiring or renting the same, at rates per mile, per trip, per hour,. per day, per week or per mon-.~h, -~Z- and such vehicle is routed under the direction of the person or persons hiring the same and which such vehicle does not stand in or upon any public street, alley or other public place while awaiting employment, for each such vehicle the sum of'fifteen ($15.00) per year. (c) For every person, firm or corporation conducting, managing or carrying on the business of ruing, driving or operating any automobile or motor-propelled vehicle for the transportation of passengers for hire when driven by the owner or representative ef the owner at rates per mile, per trip, per hour, per day, per week or per month, and such vehicle is routed under the direction of such passenger or passengers, or of such persons hiring the same and when such vehicle stands in or upon any public street, alley or other pub- lic place while awaiting employment, for each such vehicle the sum of forty ($40.00) dollars per year. (d) For every person, firm or corporation conducting, managing or carrying on a stage line or stage for the transportation of pass- engers for hire, having a terminal or office in the City of Bakers- field, the sum of forty ($40.00) dollars per year. For the above mentioned no license shall be issued by the License Collector until a permit is granted by the City Manager. Provided, no license shall be issued for a term less than one year from the first day of the current quarter during which said license is issued. 28. Secondhand Furniture Dealer. For keeping, conducting or carrying on the business of Secondhand dealer or secondhand furniture dealer the sum of twenty- five ($25.00) dollars per quarter. For the above mentioned no license shall be issued by the License Collector until a permit is granted from the City Manager. 29. Shoe Shining. For the business of keeping or conducting boot-blacking or shoe shining parlors or stands, the sum of Three ($3.00) dollars per quarter. 30. Shooting Gallery. From the keeper of a shooting gallery the sum of twenty· dollars ($20.00) per quarter. 31. Skating Rinks. :'~'~'.'~: For the business of keeping, conducting, managing or main- taining a skating rink, the sum of Twenty-five Dollars ·($25.00) per quarter. 32. Soft Drinks. Any person, firm or corporation selling or offering for sale my syphon soda, Soda water, root beer, or any other so-called soft drink, to which carbonic acid gas is added at the time of said sale, the rate shall be as provided in Section 18 of this ordinance as aforesaid, but the minimum license fee thereon and therefor shall be fifteen dollars ($15.00) per quarter, and no such license shall be issued for a period less than six months. For the above no license shall be issued by the License Collector until a permit is granted by the City Manager. 33. Theatres -Shows, Games, Amusements, Exhibitions, Etc. (a) For every person, firm or corporation engaged in the busi- ness of conducting a theatre at an established place of business, wholly within a permanent building, constructed for theatrical put- poses, 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 busi- ness of conducting a theatre or show in the open air, in a tent, in a hall or building not specifically constructed for theatrical purposes, 'wherein ~audeville, comic, dramatic or operatic productions or perform- ances are given, motion pictures shown or exhibited, as an independent business and not as a part of any other business or entertainment, the license fee shall be the sum of Seventy-Five ($76.00) Dollars per day. (c) For each separate exhibition of minstrels, opera or concert singers, the license shall be the same as required for theatrical per- formances. The provisions of the above subidivision shall not apply to exhibitions or entertainments given for the benefit of churches, schools or charitable entertainments given by any fraternal organiza- tion of this city, or for entertainment under the auspices of any bona fide Chautauqua Association, provided a permit is obtained fro~ the City Council. (d) For every person, firm, corporation or association owning, maintaining, conducting or presenting a carnival as defined herein, in the City of Bakersfield, the following license shall be charged and collected in advance: One hundred fifty dollars ($160.00) per-day, and an addi- tional fee or charge of twenty-five ($25.00) dollars per day for each and every separate show, attraction or exhibition carried on by such person, firm, corporation or association conducting such carnival. Said fee of twenty-five ($25.00) 'dollars 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 01d Plantation or any other number of freaks or attractions grouped under similar head- ings together with all dancing shows, negro minstrels, so-called girl shows, and other similar attractions carried by traveling carnival organizations. (e) For every person, firm, corporation or association con- ducting any games, shows, or attractions mentioned in the preceding section, individually and separate from the person, firm, corpora- tion or association conducting a carnival as defined in this ord- inance, when said game, show, or attraction is shoe as a part or at the same time other games, shows, or attractions, as mentioned herein, are shoE, each person, firm, corporation or association so conducting, managing or operating the same shall pay a license fee of twenty-five ($26.00) dollars per. day. (f) The License Fee, as herein provided, shall not be charged or collected in the event said carnival, as defined in this ordin- ance, or the attractleas 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. In this case a special permit shall be obtained from the City Manager. (g) '~ Any person, firm, corporation or association conducting or operating any 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 my.other show, game, attraction or carnival, as mentioned heroin,. shall pay a licLo ense fee of ten ($10.00) dollars per day. But when shown or operated at the same time or with any attraction or carnival, game, show or riding devices, as mentioned herein, then the license fee shall be twenty-five ($26.00) dollars per day. (h) Every person, firm, corporation, or association conducting, operating or managing an amusement game, or test of skill, strength, physical endurance or capacity of any kind whatsoever, and for parti- cipation in which a fee is charged or which is conducted for profit, the license fee shall be ten ($10.00 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 whatsoever, .is conducted with or at the same time any other carni- val, 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 ($26.00) dollars per day for each amusement game, or test of skill, strength, physical endurance or capacity of any kind. (i) For each exhibition for pay of a caravan or menagerie, or -~- any collection of animals, circus, or any other acrobatic per- formance, seventy-five ($V5.00)dollars, for each performance and for each show for pay of any panorama figures, jugglers, necromancers, magicians, wire or rope dancing or sleighing. Of hand exhibitions or sideshow, and when a separate price i'~ charged each must be considered a separate exhibitipn, and an exhibition in the day time must be considered one exhibition, and exhibitions after dark on the same day considered other exhibitions. (J) All other exhibits, of any nature whatsoever, not specifically referred to in this section shall pay a l~.?..ense fee of seventy-five (~V5.00) dollars per day, and no license shall be issued by the License Collector until a·.permit to conduct such exhibit is granted by the City Manager. (k) 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 partiqipa- tion in which a fee is cha.rged or which is conducted for pro- fit, the sum of ten (~.~10.00) dollars per month. No license to be issued for less than one month. 34. Unsecured Loans. For the business of loaning money at interest on salaries, wages, ~ncomss or other unsecure~ loans, the lic- ense fee shall be the sum of one hundred (!~100.O0) dollars per quarter. 35. Vending Machines. For each and every vending machine exhibited, used, maintained, operated or permitted to be operated by any person, firth or corporation in the dity of Bakersfield, the license fee shall be as follows: ~lachines operated by the deposit of a coin of the value of more than one '(1) cent, three ($3.00) dollars per quarter in advance. Nachines operated by the deposit of a coin of the value of one (1) cent, three (,~G.O0) dollars per year in ad- vance. 36. Veterinarian. Every person engaged in business as a veterinarian shall pay a license fee of five ($5.00) dollars per quarter. SECTIO~ 18. ALL LICENSE FEES NOT OTHER- WISE PROVIDED FOR HEEIN. Every person, firm or corporation who, at a fixed place of business, having a fixed and permanent headquarters within the City of Bakersfield, who keeps, conducts, carries on, manages or maintains any business, trade, calling, pro- fession, occupation, or who sells or offers for sale any goods, wares or merchandise, either as principal or agent, whether on commission or othel~vise, whether for present or future delivery or whether said goods, wares or merchandise are owned by or consigned to said person, firm or corporation, except as other- wise provided for in this ordinance, shall pay a license fee based on the gross mount of monthly receipts and sales in ac- cordmnce with the following schedule: Average Monthly Gross F, ece.~pts and Sales. License Fee. Less than ~2,000.00 $s ool oo to ,ooo.oo $4,001.00 to $ 6,000.00 ~6,001.00 to i.~lO,O00.O0 ~lO,OOl.O0 to ~15,000.00 $ ~.00 per quarter $ 8.00 per quarter $12.00 per quarter $20.00 per quarter ~i~25.00 per quarter (Con~d.) .Avera~?e Monthly Gross Heceipts and Sales $15,001.00 to $20,000.00 $20,001.00 to $30,000.00 i so, co 1. co to $5o, ooo. co $50,001.00 and over - License Fee $35.00 per 'qCarter. $45.00 per quarter. $60.00 per quarter. $75.00 per quarter. Provided, however, that where any person, firm or corporation carries on said business exclusively at whole- sale the license fee therefor shall be e~.ual in amount to one- fourth (~-) the license fee of that class of which said busi- ness · ould come if same were conducted as a retail business, as this section specified, but where said person, firm or cor- poration conducts both a retail end wholesale business on the same premises and desires to take advantage of the wholesale rate, such person, finn or corporation shall, in making the statement as provided in Section 19 of this ordinance and upon which said license fee shall be based, segregate the wholesale and retail sales, and said license fee shall there- upon be paid for each such branch. And provided further, that nothing contained or set forth in this section, or elsewhere in this ordinance, shall apply to any business coming within the provisfons of the law affecting or relating to interstate commerce, and any person, firm or corporation engaged in doing any such business shall not be required to pay any license fee thereof or therefor. -30- SECTION 19. STATEMENT TO LICENSE COLLECTOR ON GROSS BUSINESS. (a) In all cases where the mount of license to be paid by any person, firm or corporation is based upon the mount of gross receipts or s ales or business transacted, or upon the number of tables used for any game, or upon the numbers of rooms in any building, or upon the number of vehicles, or upon the number of chairs used, such person, firm or corporation shall on the first day of July of each year and before any further license is issued for said business, render to the License Collector at his discretion or demand a statement thereof in writing, sworn to before some officer authorized to administer oaths, that the facts therein set forth are true and show the total gross receipts or sales of said business transacted during the year i~m~ediat.ely prior to the making of said statement, or the number of 'tables used in any game, or the number of rooms in any building, or the number of vehicles, or the number of chairs used in said business during the year immediately prior to the making of such statement, which statement shall deter- mine the amount due and payable from said business to the City as a license 'fee for the ensuing year, said total mount or total yearly license fee due' as shown by said statement shall be divided into and paid in four equal quarterly payments the first payment due and pay- able the first day of July of each year, and the balance shall be payable quarterly thereafter until a new statement is filed as re- quired herein. No such statement shall be conclusive upon the City of Bakers field, or upon any officer thereof as to the matters therein set forth, and the same shall not prejudice the right of the sai~ City to fix the amount of said license fee at a higher amount, should there be reason to believe that said business should have a higher rating ~han that shown by said statement, nor to recover any amount that may be ascertained to be due from such person, firm or corpora- tion, in addition to the amount shown by such statement if it should be found to be incorrect; and the License Collector shall, and he is hereby authorized to fix the'~.amount of said license at a higher rate. when he has reason to believe or evidence that said statement is in- correct. Any person, firm or corporation feeling aggrieved or dis- satisfied with such rating by the License Collector, as aforesaid,may appear before the Council at the next regular meeting thereof with proof, if any, why said license fee should be in ac. cordance with their said statement and the finding of the COuncil thereon shall be conclusive' and they shall direct the License Collector to issue said license in accordance with such finding. (b) Any new business hereinafter started or commenced or any business which has not been conducted or operated for the period of one year and for which a license is required to be paid and a statement of said business made as set forth in this ordinance, said person, firm or corporation so conducting said business shall if requested by the License Collector quarterly during the first year said business is being operated or conducted render to the Lic- ense Collector 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 0f rooms, in any building being 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 immediately prior. to the issuing or renewal of such license and a like statement shall be made and filed by the person, firm or corporation conducting such business at each quarterly license re- newal date during the first year such new business is conducted. That at the end of the first year such statement shall be made and a license fee paid as hereinabove provided for in Subdivision (a) of this section. SECTION 20. LICENSE FEE DEBT TO CITY.. The license fee imposed by this ordinance'shall be deemed a debt due the City of Bakersfield from and against any person, firm or corporation who engages'in, conducts, carries on or main- tains within said City any business, trade, calling, 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 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 21. EVIDENCE OF BUSINESS. If any action brought .under or arising out of any of the provisions of ~his ordinance, or any amendment hereto, the fact that a party thereto represented himself or herself as engaged in any busi- ness or calling for the transaction of which a license is required or that such party exhibiting a sign indicating such business or call- ing, shall be conclusive evidence of the liability of such party to pay for a license as required by this ordinance. SECT ION 22. C ONST ITUT ION ALITY. If any section, sub-section, clause, or phrase of this ordinance is for any reason held to be unconstitutional such decision shall not affect the validity of the remaining sections of this ordin- ance. The Council hereby declares that it would have passed this ord- inance, and each section, sub-section, sentence, clause and phrase ther of, irrespective of the fact that any one or more other sections, sub-sections, sentences, clauses' or phrases be declared unconstitutional. SECTION 23. PENALTY. Any person, firm or corporation violating any of the pro- visions of this ordinance or wilfully non-complying with any ef terms, requirements or provisions contained herein, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine not to exceed three hundred ($300.00) dollars, or by imprison- ment in the County Jail for a period not exceeding ninety days (90) or by both such fine and imprisonment. SECTION 24. REPEALING ORDINANCES. Ordinances Nos. 190, 192, 213, 233, 246, 249, 260, 288, 290, 301, and 316 New Series, relating to licenses, .~.r~ll. other ordinances and parts of ordinances in conflict herewith~' are hereby repealed. I HEREBY CERTIFY that the foregoing Ordinance was passe~. and adopted by the Council of the City of Bakersfield, on the /~ day of ~ , 1930, by the following vote: Ayes:J~_,,v,,.~ Carlock, Cotbert, Headen, Johnson, Martin, Waiters r-. City Clerk lerk APA~ Council of the / 1930. Ho h f , f the~ ~' ' of the City of Bakersfield.