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HomeMy WebLinkAboutORD NO 391OPOINANCE NO. ~/ NEW SERIES AN ORDINANCE REGULATING AND IMPOSING MUNICIPAL LICENSES: DESCRIBING HOW AND BY WHOM LICENSES AND PERMITS SHALL BE OBTAINED: MAKING A VIOLATION HEREOF A MISDEMEANOR, 'AND PRESCRIBING A PENALTY THEREFOR, AND REPEALING ORDINANCE NO. 348 NE~ SERIES AND ALL AMENDSRENTS ~HERETO, AND ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE- WITH. .- BE IT OHDAINED BY THE COUNCIL OF THE CITY OF BAKERSFIELD, as follows: DUTY OF LICENSE COLLECTOR SEC TI ON 1. It shall be the duty of the License Collector of the City of Bakersfield to execute all licenses provided for herein upon the payment to him of the license fees as are hereinafter mentioned; provided that no license shall be issued for any business, trade, calling or profession for which a permit is required, until such per- mit shall hawe first been granted. It shall be the duty of the License Collector to comply with all the provisions of this ordinance as the same is now or may hereafter be amended. CITY AUDITOR PROVIDE BLANKS. SECTION 2. The City Auditor in conjunction with the-License Collector shall prepare and have printed, blank licenses suitable to carry into effect the provisions of this ordinance with blank spaces thereon for the signatures or fac-simile signatures of the City Auditor and the License Collector. The City Auditor shall issue to the License Collector blank licenses as needed taking the receipt of the License Collector for such licenses. CITY AUDITOR KEEP LEDGER. SECTION 3. The said City Auditor shall keep in his office a ledger in which shall be entered a record of all blank licenses issued, sold and -1- re turned unsold. SECTION 4. DISPOSITION OF LICENSE FEES The License Collector shall pay over to the City Treasurer all license fees collected by him; and shall take from the 'City Treas- era receipt showing such deposit. The City Auditor shall credit the said License Collector with such money so deposited, EXPIRATION OF LICENSE SECTION 8. Every license issued as provided herein shall become null and void at the expiration of the term for which it is issued. LICENSE MAY BE REVOEEn SECTION 6. All licenses granted under the provisions of this ordinance or any section hereof, or any anendment hereto, are granted and accepted by all parties receiving said licenses with the express understanding that the Council 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 unfit person to be trusted with the privileges 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 provided herein, the City Manager shall suspend same, and the priv- ileges granted therein, for one week, or until the next regular meet- ing of said Council, at which time the holder of said suspended lic- ense 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 Council finds there is good and sufficient cause for revoking same, the said license shall be re- -2- voked, and the finding of the Council thereupon shall be conclusive. If the hearing ~A adjourned the license shall remain suspended until such time as a final conclusion is reached by said Council. It shall be unlawful for any person, firm or corpor. ation to continue in said business, trade, occupation or profession for which said license had been issued during such time that same is suspended or after same has been revoked. On revocation of any license no part of the money paid therefor shall be returned, but such license fee shall be forfeited to the City of Bakersfield, and the said license returned to the License Collector. UNLAWFUL TO TRANSACT BUSINESS WITHOUT LICENSE. SECTION V. It shall be unlawful for any person, firm or corporation whether as principal or agent, owner or employee, to conm~ence, engage in, transact or carry on, within the City of Bakersfield, any business, trade, calling, profession or occupation upon which a license fee is imposed by the provisions of this ordinance, or any amendment thereto, without first paying such license fee and procuring a license there- for as hereinafter provided. Such license whe~ issued shall authorize the party obtaining same to transact the business, trade, calling, profes°sion or occupation described therein, in a particular locality within the City of Bakersfie~i, 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 places. of business as pay a license fee based upon the schedule contained in Section 18 of this ordinance. ~ ANNUAL, QUARTERLY, MONTHLY AND DAILY LICENSES SECTI ON 8. Except where otherwise provided licenses shall be issued quarterly, commencing on the first day of January, April, July and October, respectively, each year, and shall be due ani payable on said respective dates, except when business is commenced during a -3- pending quarter, in which event the license for said quarter shall be due and payable when said business is comeneed, provided that in the event business is commenced after the lSth of the second month of a quarter, the license fee shall be one-half (½) of the quarterly mount, unless otherwise specifically provided for, and the license therefor issued, and shall terminate at the end of the quarter so designated so that the next quarter shall commence on either the first day of January, April, July or October, respectively, of each year. Monthly licenses provided for here in shall be due and pay- able 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 number of days in advance, when application therefor is made. Said daily license may be issued at any time and for any number of days. Provided, however, that when provision is made in this o~d- inance for an annual license all applicants for a renewal of said license may, if so desired, pay same quarterly unless otherwise specifically provided for, excepting, however, in case the applicant has never before made an application for a license of similar nature within this City. Then in that case application will be considered as a new business and said applicant must pay the full yearly lic- ense in advance from the first day of the current quarter in which application is made. Thereafter said applicant may secure a renewal of said license by paying for same on a quarterly basis. Provided, fUrther, that in case said applicant fails to renew said license and same is allowed to lapse for one full quarter said application will then be considered as new business and applicant will be required to pay full yearly license as provided above. Provided, further, that in case said applicant for said license is eligible to pay same quarterly and so elects to pay the full yearly license in advance, -no. refund will be made of any portion SEC TI ON 9. of the license so paid except in the event the business for which the license is issued shall be permanently terminated, in which event the license holder may make application to the City Council for a refund, and the said City Council may, in its discretion and after proof of termination, grant such refund. However~ in no ~e. vent shall the license fee be refUnded for any portion of a quarter. PENALTY ON OVERDUE LICENSES 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 cent (25%) of the amount of said license shall 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 thereo~ is enforced; provided, however, that the word "PAID" shall for 'the pur- pose of this section be held to mean and include the payments being in the office of the License Collector of the License Department, of the City of Bakersfield. And provided, further, that in the event the fifteenth day shall fa~l upon a legal holiday, then in that event the fifteenth day shall be held to mean the next business day im- mediately succeeding such legal holiday. SECTION 10. 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 provided in Section 8 of this Ordinance. SECTION 11. EXPIRED AND/OR REVOKED LICENSE It shall be unlawful for any person, firm or corporation to post or exhibit, or permit to be posted or exhibited, any license which has expired, or which may have been 'revoked, or to post or ex- hibit any license during any period that such license is suspended, as provided in Section 6 of this Ordinance. SECTION 12. POLICE POWER UNDER THIS ORDINANCE. The Chief of Police and all regular-police officers of the City of Bakersfield shall have and exercise the power of making ar- rests for violation of any of the provisions of this ordinance and to enter and inspect, during business hours, any Place of business for which a license is granted under the provisions o~ this ordin- ance, to see that .same is conducted in a safe and lawful manner. In addition to all regular police officers of the City of Bakersfield, the License Collector and all duly authorized deputies of said City shall have and exercise the power to enter, free of charge, at any time during business hours, any place of business for which a license is required and provided, and to demand the exhibi- tion 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 person, firm or corporation shall then and there fail to exhibit such license, such person, firm or corporation shall be subject to the penalties provided for violation of this ordinance. RENEWAL OF LICENSE SECTION 13. All persons, firms or corporations to v~hom 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 -8- expired, by applying to the License Collector and paying the amount required, and making such statement as may be required under this ordinance, unless a regulating ordinance provides that a per- mit shall be issued, in which case license shall not be delivered until a new permit has been obtained. REFUR~D UNUSED LICENSE SECTION 14. If any section of this ordinance is repealed or amended, the Council may, at its discretion; refund to the holder of any un- expired license for the business coming under such repealed or amend- ed section, a proportionate amount of the license fee paid thereon. EX-SOLDIER, SAILORS AND MARINES SECTION 15. All ex-soldiers, sailors, or marines, who have been honorably discharged from military or marine service of the United States, or the Confederate States, ~ho are'physically unable to obtain a liveli- hood by manual labor, and who shall be qualified electors of the State of California, shall be permitted to vend, hawk, and ped. dle any goods, wares, merchandise, fruits or vegetables (not otherwise prohibited by ordinance or law) in the City of Bakersfield, without paying a license fee ~herefor, and upon.the presentation of his cer- tificate of discharge to the Chief of Police, and showing proof of his identity as the person named therein, and the further proof of his physical disability, shall and he is hereby authorized to issue to said honorably discharged soldier, sailor or marine, said permit free of charge, as aforesaid. DEFINI TI ONS SECTION 16. For the purpose of this ordinance the following words, wheneve.r used herein, shall be held to mean and include as the same are defined in this section. -V- 1. Automobile - Is defined to mean and include any vehicle that is propelled by an engine and used on a public highway. 2. Automobile Dealers - Is defined to be any person, firm or corporation who carries on, conducts, maintains or engages in the business of buying, selling, exchanging or otherwise dealing in automobiles; provided this definition shall not include the term Second Hand Dealer in Automobiles. 3. Automobile Wrecking Dealers - Is defined to be any person, firm or corporation who carries on, conducts, maintains or engages in the mAtomobile wrecking business, where wrecked or damaged automobiles are bought and sold, in whole or in part. 4. Business - Is defined to denote the occupation or call- ing in which a person, firm, or corporation is engaged for profit or to earn a livelihood. 6. Carnival - Shall be held to mean and includs 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 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 exhibiting or showing the attractions at the same time, in each instance the group of attractions shall, for the purpose of this ordinance, be considered a carnival. 8. Contractor - A contractor within the meaning of this ordinance is a person, firm, corporation, co-partnership, associa- tion or other organization, or any combination thereof, who for either a fixed sum, price, fee, percentage, profit or other compensation other than wages, undertakes or offers to undertake, or purports to have the capacity to undertake to construct, alter, repair, add to, or improve any building, highway, road, railroad, excavation or other structure, project, development, or improvement, or to do any part thereof; provided, that the term contractor~··~.·~.· used in this ordinance, shall include subc~ntractor, but shall not include any one who merely furnishes materials or supplies Without fabri- cating the ssme into, or consuming the same in the performance of the work of the contractor as herein defined, or sole owners of property building thereon a dwelling house intended for the use and occupancy of such owner and his family, provided that no more than one of such buildings shall be so constructed in any calendar year. For the purpose of this ordinance Contractors shall be divided into the following classes: Class "A" Contractors: Shall include all Contractors who are required by City 0rd- insrice to submit to special examination as to qualifications and carrying individual inspection. Glass "B" Contractors: Shall include all contractors engaged in the construction or remodeling of any building or improvement, each with a valuation of ten thousand ($10,000.00) dollars or more. Class "C" Contractors: Shall include all contractors engaged in the construction or remodeling of any building or improvement, each with a valuation of more than five hundred ($500.00) dollars, and less than ten thous- and ($10,000.00) dollars. Glass '~)" Contractors: Shall include all contractors engaged in the construction or remodeling of any building or improvement, each with a valuation of not more than five hundred ($500.00) dollars, and not less than twenty-six ($2B.00) dollars. Dealer. 7. Dance, Public - See Public Dance. 8. Dance Hall, Public - See Public Dance Hall. 9. Dealer, Automobile - See Automobile Dealers. 10. Dealer, Automobile Wrecking - See Automobile Wrecking 11. Dealer. Secor~l Hand Automobiles - See Seco~l Hand Automobile Dealer. 12. Dealer. Wholesale - See Wholesale Dealer. 13. Dry Cleaning - Shall be deemed to mean the process of cleaning, dyeing, or renovating clothes, wearing apparel, feathers or any fabric, textile, or hats, by means of immersion and agitation in any cleaning medium and/or solvent not ordinarily used in regular steam laundry cleaning. 14'. Established Place .gf Business - Indicates a permanent store, office or place where business iS legally and regularly trans- acted from month to month, in such manner as a business of that nature is generally conducted and where the circums°tances show an intention to become an established, fixed and continuous part of the regular and legitimate business life of the City 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 dis- tinguished from a continuous and permanent business in said City. . 15. Endless Chain - Is defined to mean and include any plan or scheme wherein any person, firm or corporation sells, trans- fers, assigns or issues to any person any right, property, ticket, coupon, certificate, contract, or other token, and wherein the pur- chasers, transferees, or signee thereof or the person to whom the same is issued undertakes 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 m~y right, property, ticket, coupon, certificate, contract or other token which may under certain conditions entitle the pur- chaser or recipient thereof to any right, property, ticket, coupon, certificate, contract, or other token and wherein the.purchasers, transferees, or assignees thereof from the original purchasers, assignees, or transferees, or from subsequent purchasers, assignees, or transferees are also given, as a consideration for their entry into or participation in such p~an or scheme and their purchase or -lO- receipt of such right, property, ticket, coupon, certificate, con- tract, or other token, the right, privilege or obligation of mak- ing further sales, assignments, or transfers of any right, property, ticket, coupon, certificate, contract, or other token 18'. Fixed Place of Business - Shall be the s me as the definition given for "Established Place of Business'i herein. 1V. Goods'- Shall mean and include every cormmodity or article of trade capable of being bought, sold or exchanged. 1S. Hir__e - Shall be held to mean and include compensation, reward or revenue derived from the hauling or transportation of p'assengers, freight or any other material. 19. Importer of Goods. Wares. and Merchandise - Shall be deemed to mean every person, firm or corporation that transports into the limits of the City of Bakersfield, goods, wares or mer- chandise of any description whatsoever and distributes or furnishes the same to retail or wholesale dealers having an established place of business in the said City of Bakersfield, to become a part of in trade said retail or wholesale stock/in said established place of business. 20. Itinerant Merchant - "Itinerant Merchant" 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 City of ~kers- field, selling goods, wa~es or merchandise, and who, for the purpose of caxTying on such business hires, leases or occupies any room, build- ing or structure, lot or premises for the exhibition or sale of such goods, wares and merchandise, and the person, firm or corporation so. engaged shall not be relieved from the payment of any license fee which may be required therefor by reason of any association temporarily with any local merchant, dealer or trader, unless all the sums received therefor are turned over to and become a part of the receipts ~nd earnings of said merchant, dealer or trader, or such exhibition and sale is a part of his said business; provided, that this shall not apply to commercial travelers or selling agents, selling their goods to merchants, dealer or traders, where same is to' become a part of -ll - said merchant, dealer or trader's stock in trade in his regular place of business, whether selling for present or future delivery, by sample or otherwise, nor to peddlers, asthe same are defined in this ordinance, nor to persons selling fruits, vegetables, meat, poultry, butter, eggs and other products of their own farm or dairy. 9.1. Itinerant Vendor - "Itinerant Vendor" of goods, wares and merchandise shall be defined the same as the definition given fop "Itinerant Merchant" herein. 9.9.. Junk Dealer - Is defined to be any person, firm or cor- poration 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, rags, old rope, or any old article not to be used in its former state or condition. 9.~..Junk Collector - Is defined to be any person v~ho 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. 9.4. Machines, Vendin~ - See .Vending Machines. 9.5. Merchandise - Shall be held to mean the same as the def- inition given for "Goods" herein. 9.6. Merchant, Itinerant - See "Itinerant Merchant" herein. 9-7. 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 freight or other materials therein. 28. Peddler - Shall include every person who carries from place to place 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 publictions, newspapers or periodicals;) provided, that persons furnishing to tail d~alers having an estshlished place of business in the City of Bakersfield, to become a part of said retail dealer~s stock in trade in such place of business, anl a producer who furnishes directly and delivers any poultry, eggs, butter, fruit or vegetable, or meat, being the produce of hi's garden, farm or dairy, to any person in the City of Bakersfield, shall not be deemed to be a peddler within the meaning of this ordinance; provided, however, that said garden, farm aml/or dairy must be situated within the limits of the Oounty of Kern, State of California. 29. Permanent Place o__f Business - Shall be held to mean the b same as the definition given for "Esta lished Place of Business" here- in. 30. Pawn Broker - Is defined to be any person, firm or cor- poration who carries on, conducts, maintains 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 purchases articles of personal property and resells or agrees to resell s~ch articles to vendors or their assigns at prices agreed upon at or before the time of such purchase. 31. Person - Shall be held to mean and include natural persons, co-partnerships, corporations and associations and shall include both sexes. 32. Profession - Shall be held to mean anl include the same as the definition given for "Business" here in. 33. Public Dance - Shall for the purpose of this ~dinance be held to mean a~i include any dance to which the public generally may gain admission upon the payment of a fee. 34. Public Dance Hall - Shall for the purpose of this ord- inance be held to mean and include any room, place or space in mhic~ a public dance as defined herein iS conducted. 35. Regular Place of Business - Shall be held to mean and include the same as the definition given for "Established Place of Business" herein. 38. Second Hand Dealer - Is defined to be any person, firm or corporation who carries on, conducts, maintains or engages in the business of buying or selling or exchanging or otherwise dealing in or acquiring any article or thing that has been sold or used before; provided this definition shall not include the term Junk Dealer, Pawn Broker, Second Hand Dealer in Automobiles, Auto- mobile Dealers and Second Hand Furniture Dealer as the same is herein defined. 37. Seco~i Hand Furniture Dealer - Is defined .to be any person, firm or corporation dealing in, buying, selling or exchang- ing secondhand household fUrniture or household goods only; pro- v~ded, however, that this definition shall not include shy person, firm or corporation who handles or deals in secom~hand household furniture or household goods only as an incident to his regular business or one who conducts or maintains a furniture store and whose principal business consists of buying, selling or dealing in new or mused household furniture or household goods. 38. Second Hand Dealer in Automobiles - Is defined to be any person, firm or corporation w~ carries on, conducts, maintains or engages in the business of buying, selling, exchanging or other- wise dealing in or acquiring any automobile that has been sold or used before. 39. Stem Laundry - Shal~ be deemed to be a laundry using a watertube or fire tube boiler for heating water for use therein. All other laundries shall be deemed to be hand laundries. 40. Towel and/or Linen Supply - Shall be deemed to mean the business of Washing, ironing, exchanging, r. enting and/or furnish- ing towels or other linen for compensation. 41. Vendor of Goods - Shall be defined the same as the definition for '~Itine'~'ant~'V~'~dor" herein. 42. Vending Machines - Shall be deemed to mean and include any machine, contrivance, device or appliance which as a result of a de posit of money therein pays only merchandise, the value of which merchandise corresponds to the value of the money deposited therein. 43. Wholesale Dealer - Is deemed to be one who sells ex- clusively to retail dealers; and provided that any article sold to a consumer direct shall be classified as a retail sale. 44. Wares - Shall be defined the same as the definition given for "Goods" herein. AMOUNT OF LICENSE FEE TO BE PAID. SECTION 17. The amounts necessary to be paid and the rates of license -14- for the business, trade, calling, profession or occupation hereinafter named shall be, and the same is hereby fixed and established accord- ing to the following schedule, and the same shall be paid by persons, firms and corporations engaged in such business, trade, calling, profession or occupation, as hereinafter follows. Nothing in this section contained shall be deemed or con- strued as applying ~o any person engaged in any 'of the professions or occupations hereinafter enumerated, solely as an employee of any other person, firm or corporation conducting, managing or carrying on such business, occupation or profession in the City of Bakersfield, 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 employmen t. 1'. Attorney-at-Law - Every person, firm or corporation engaged in the profession of Attorney-at-Law in the City of Bakers- field, shall pay a License Fee of Twenty-five ($25.00) Dollars per ye al~. 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 ($15.00) per day; provided, further, that this section shall not apply to any person, firm or corporation selling his or its own goods, wares or merchandise at his or its regular, established, or fixed place of business in said City, provided such person or a bona fide member of such firm or corporation shall act in the capacity of the Auctioneer. If, in the opinion of the City License Collector, the person, firm or corporation selling 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 Fifteen ($15.00) Dollars per day applying to auctioneers or itinerant 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 process issusd by sny State or Federal Court, or for the bona fide sale of household goods at the domicile of the owner thereof, provided, that the owner thereof shall act in the capacity of the Auctioneer. 3..Auto Wreckin~ - For keeping, conducting or maintaining an automobile wrecking business, where wrecked or'damaged automobiles are bought and sold, in whole or in part, the sum of Twelve Dollars and Fifty Cents ($12.50) per quarter'. 4. Bankrupt, Assigned or Damaged Goods - Every person, firm or corporation who sells in the City of Bakersfield any bank- rupt, assigned or d~raaged goods, wares or merchandise, d~ugs, Jewelry, dry goods, bootS, shoes, clothing, hardware, groceries, furniture or other stock of merchandise shall pay a license fee of one hundred ($100.00) dollars per day, payable daily in advance; pro- vided, that this section shall not apply to any stock or goods owned by any person actually conducting a regmlar place of business in the City of Bakers field, 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 maintaining a barber shop with three chairs or lees, the sum of Five ($5.00) Dollars per quarter; for each chair in excess of three chairs the sum of Fifty ($.50) Cents per quarter, additional. 6. Baths - Public - (a) For the business of keeping, maintaining or l~arnishing steam, Hannnan or Turkish baths not conducted in connection with and as a part of any other business paying a license fee, under the pro- visions of this o~dinance, or of any other ordinance amendatory there- of or supplemental hereto, the sum ef Fifteen ($15.00) Dollars per quarter. -18 - (b) For the business of keeping, maintaining or furnish- ing mineral liquid baths, mineral vapor baths, mineral mud baths, or any other medicinal baths not conducted in connection with and as a part of an~ other business paying a license fee under the provisions of this ordinance, or any other ordinance amendstory hereof or supplemental hereto, the sum of Five ($5.00) Dollars per quarter. 7. Billiards, Pool and Bowling - For the business of keep- ing, conducting, managing or maintaining billiard, pool or bagatelle tables, or bowling alleys, the sum of Three Dollars ($3.00) per quarter for each billiard, pool or bagatelle table, or for each bowling alley or bed. 8. Chiropodist and/or Masseur - Every person engaged in the business of chiropodist or masseur and maintaining an office in the City of Bakersfield, shall pay a license fee of Five D'ollars ($5.00) per quart'er. 9. Cleaners, Dry - For every person, firm or corporation conducting or carrying on the business of Steam Laundry, where the plant for actual work of laundering and/or dry cleaning is maintained outside the city limits of the City of Bakersfield, but doing business within the city limits of said City of Bakersfield, the license fee shall be the sum of Three Hundred dollars per year, payable in advance, for each and every delivery vehicle maintained in conduct of said business. Provided, no license will be issued for a term of less than one year from the first day of the current quarter during which said license is. issued. 10. Contractors - For every person, firm or corporation engaged in the business or acting in the capacity of a Contractor, excepting a Class D Contractor, the license fee shall be as follows: Class "A" Contractors ....... $100.00 per year Class "B" Contractors 50.00 per year Class "C" Contractors 20.00 per year Provided, the above license may be paid quarterly if the contractor so desires. Provided, further, that any contractor'making application fOP a license in Class "A" and Class "B" as above, who has never be- fore made application for a license of this class in the City of Bs~ersfield shall pa~ a fUll yearly license in advance from the first day of the current Quarter during which said license is issued. There- after the said contractor may continue by securing a license quarterly if so desired'. Provided, fUrther, that any contractor who has ha~ a Class "A" or Class "B" license in the City of Bakers field, who has allowed same to expire and ha~ not made an application for a renewal of said license ~YA'IuA° 40 AUga~ 1, I~ will be considered as never having had a license and will be required to pay full yearly license in advance from the first day of the cua~rent quarter during which said license is issued. Thereafter the said contractor may continue by securing a license quar'terly if so desired. Provided, fUrther, that whenever a contractor has become eligible to secure a Class "A" or Class "B" license quarterly he must continue to renew his license each quarter, as a lapse of one quarter.,T~ will forfeit said rights to pay quarterly and he will thereafter be considered as one who has never before made application as set forth above. For every person, firm or corporation engaged in the business or acting in the capacity of a Class "D" Contractor , a license for / each contract shall be procured, and said license shall be one ($1.00) dollar. 11'. Dances, Public - For maintaining or conducting any public dance a license fee shall be paid as follows: Public Dances - $15.00 per quarter. Single Public Dances - $10.00 each. For the above mentioned no license shall be issued by the License Collector until a permit is granted by the City Manager. 12. Drays .and Motor Trucks - For every person, firm or corporation keeping, owning, operating or running any vehicle for the transportation of freight or other materials for hire, whether the freight or other materials are transported or hauled from a point inside 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 lim~ ts of said City, or operating entirely within the limits of said City, the license fee shall be in accordance to the following schedule: (a) Carrying Capacity of Horsedrawn Vehicles - Under 2000 pounds ...... · $10.00 per year 2000 to 3999 pounds..... 14.00 per year 4000 to 5999 pounds ..... 16.00 per year 6000 to V999 pounds. .... 20.00 per year 8000 or over ........... . 30.00 per year. (b) Carrying Capacity of Motor Driven Vehicles - Under 2000 pounds .... ... 2000 to 5999 pounds ..... 4000 to 5999 pounds. .... 6000 to 7999 pounds ..... 8000 or over ............ 10.00 per year 18.00 per year 22.00 per year 30.00 per year 50.00 per year Provided, where the license fee exceeds ten ($10.00) Dollars per annum, said license may be paid in accordance with the provisions of Section 8 herein. (c) For any motor driven vehicle to stand or stop on any public street or alley for the purpose of soliciting or advertising 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 issued for a term of less than one year from the first day of the current quarter during which said license is issued. 13. Endless Chain - For every person, firm or corporation who operates, conducts, or carries on, or any person who assists or participates in the operating, conducting or carrying on in the City of Bakersfield, any system of merchandisimg by means of a scheme commonly known as an "Endless Chain" the sum of Twelve Dollars ($12.00) per quarter. 14. Hotels, Lodging Houses - For the business of keeping or conducting a hotel or lodging house the license fee shall be in accordance to the following schedule: Number of Rooms License Fee 5 to 19 Rooms ............... $ 5.00 per quarter 20 to 35 Rooms ............... 8.00 per quarter 36 to 49 Rooms .... ......... .. 80 to V4 Rooms ... ..... . ...... V5 to 100 Rooms . .... . ......... 100 and over ................ 12.00 per quarter 18.00 per quarter 20.00 per quarter ~0'.00 per quarter Provided, however, if a dining or lunchroom, or Coffee Shop is maintained in conjunction therewith, an additional license fee based on gross receipts and sales of said dining or lunchroom, or Coffee Shop shall be paid, as provided for in Section 18 of this ordinance. 15. Ice - For the business of manufacturing, selling or distributing ice, the sum of Thirty Dollars ($30.00) per quarter. 16. Ice Cream Wagons - For every person peddling, vending, selling or offering for sale ice cream, ice cream cornucopias, or other iced confections, from wagons or other vehicles the license fee shall be the sum of Thirty ($30.00) Dollars for a six month period, for each such wagon or vehicle. Provided, that no license shall be issued under this section for a period less than six (6) months. Provided, further, that no license shall be issued under this section except upon the approval of the Health Officer. 17. Importtn~ Goods, Wares o..E Merchandise for Sale - Every person, firm or corporation not specifically mentioned in this ord- inance, conducting or carrying on the business of importing good.~, wares or merchandise of any kind whatsoever, into the city limi'~a~'.,of the City of Bakersfield, by automobile, automobile truck, automobile tank wagon, automobile trailer, or any other vehicle, for the purpose of disposing of said goods, wares or merchandise to the individual or to the public, whether retail or wholesale, and when said person, firm or corporation so importing said goods, wares or merchandise does not maintain a permanent, established warehouse or stock yard within the limits of said City of Bakersfield, paying a license for same, then in that event, every such person, firm or corporation shall pay. a license fee to the said City of Bakersfield in the sum of fifty ($50.00) dollars per year, in advance, for each and every ve- hicle so operated. Provided, no license will be issued for a term · of less than one year from the first day of the current quaL~ter dur- ing which said license is issued. Provided, further, that in such cases where the said goods, wares or merchmdise so imported into said City are grown, raised or manufactured within the limits of Kern County, California, and an official place of business or headquarters is maintained within the limits of said City of Bakersfield, and said place of business does not classify for a license as wholesale or retail business, then in that event the license fee shall be ten ($10.00) dollars per year, payable in advance, for each and every vehicle so operated. ~ Provided, no license will be issued for a term of less than one year from the first day of the current quarter during which said license is issued. Provided, further, every person, firm or corporation import- ing said goods, wares or merchandise into the limits of 'said City of Bakers field, by means of steam and/or electric train and taking del- ivery from said stem and/or electric train to be placed into said person, firm or corporation's vehicle to be delivered and disposed of to the individual either at wholesale and/or retail, receiving compensation other than the ordinary amount charged for transporta- tion of goods, wares or merchandise from Freight Depots to the home or place of business of the consignee, then in that event said person, firm or corporation so transporting goods, wares or merchandise from said trains will be considered as importing said goods into the City of Bakersfield. In that event the person, firm or corporation having any interest in said goods, wares or merchandise trans'~orted by him -21- either as principal and/or agent will not be classified. '~"'ksePing owning, operating or running said vehicle for the transportation of freight or other material for hire. The Provisions of this section shall not apply to any person selling f~uits, vegetables, meats, poultry, eggs or. raised or produced by himself, or for the selling of .~oodstuff cooked or prepared by such person or some member of his family, or for any person peddling minor articles manufactured?by himself or some member of his family, when the receipts from such Peddling do not exceed one hundred ($100.00) dollars per month. Provided, however, that said fruits, vegetables, meats, poultry, eggs, butter, 'foodstuff or minor a~ticles must be prepared or manufactured within the limits of Kern County, Calif- ornia. 18. Itinerant VendoTs _ Co~n doctors or chiropodists prac- ticing thei~ business or occupation other than at a fixed place of business, itinerant vendors carrying on the business of selling nostrums, ointments, drugs or medical compounds, or any appliances for the treatment of disease or injuries by passing or soliciting from house to house, or any person, firm or corporation selling any real property o~ personal p~opert~, of any kind or description, or vendor of goods, wa~es o~ merchandise, using music, speeches, tory, gymnastics, entertainments or any Particular display, show o~ performanc~ or by haranguing crowds in any public hall or building, or ca any vacant lot or premises, o~ doing any act calculated to d~aw or collect a crowd for the Purpose of advertising o~ selling his goods, wares or merchandise, shall pay a license fee of Twenty- five Dollass ($28.00) pe~ day. 19. Junk Dealer and/or Colleoto~ _ For conducting, carrying on o~ maintaining the business of Junk dealer or Junk oollectoT, the sum of Twenty-five Dollars ($28.00) pe~ qua~te~ and for each vehicle for collecting junk, the sum of Ten Dollars ($10.00) pe~ quarter. For the above mentioned no license shall be issued by the License'Collector until a permit is g~anted by the City Manager. 20. Laundry, Hand - For operating or maintaining a hand laundry and using in connection therewith any wagon or 'other ve- hicle, a license fee of Five ($5.00) Dollars per quarter for each such wagm or vehicle. 21. Laundmy, Stem, and/or Linen Supply - For every per- son, firm or corporation conducting or carrying on the business of Steam Laundry, Towel and/or Linen Supply, where the plant for actual work of laundering and/or dry cleaning is maintained outside the city limits of the City of Bak'ers field, but doing business within the city limits of the said City of Bakers field, the license fee shall be the sum of Three Hundred Dollars ($300.00) per year, payable in advance, for each and every delivery vehicle maintained in conduct of said business. Provided, no license will be issued for a term of less than one year from the first day of the current quarter during which said license is issued. 22. 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 advancing and taking in whole or in part for such loan and advance any chattel mortgage, bill of sale, or other obligation or contract, involving the for- feiture 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 Bakersfield, at the rate of Twenty- Five ($2~.00) Dollars per year, provided, that the provisions of this section shall not be applicable to, or affect in any way the provisions of this ordinance relative to the collection of license fees affect- ing pawnbrokers, or other persons, firms or corporations exempt by State Law. 23. Lunch Stands and Tama'le Parlor-~ - For every person, firm or corporation engaged in the business of conducting a tamale parlor or lunch' stand, the license fee shall be the sum of Five ($5.00) Dollars per quarter. ~-4. Medicinal and Dental PrOfession - Every person, firm or corporation engaged in the profession of chiropractic, osteopath, dentist, optometrist, optician, oculist, physician and surgeon, or physician or surgeon, in the City of Bakersfield. shall pay a license fee of Twenty-five ($25.00) Dollars per year. 25. Palmist, Fortune Teller, Clairvoyant, Etc. - Every person now engaged in or who.may hereafter become engaged in~he occupation of practicing the profession of palmist, fortune teller, clairvoyant, phrenologist, astrologer or necromancer sr~ 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 Manager. 26°. Pawn Broker - Fo~ keeping, ccnducting 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 City Manager. 2V. Peddlers - (a) Except as otherwise provided in this ordinance every foot peddler of goods, wares or merchandise shall pay a license fee of Ten ($10.00) Dollars per day. (b) Except as ~therwise provided in this ordinance, every peddler of goods, wres and merchandise using a wheeled vehicle shall pay a license fee of Fifteen ($15.00) Dollars per day; provided, how- ever, that the peddlers using a wheeled vehicle in selling fruits, vegetables, and other farm c~ garden products direct to the consumer the license fee shall be Seven Dollars and Fifty Cents ($V.50) per quar te r. ~ (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 merchandise or other agricultural products shall pay a license fee of Fifty ( $50.00 ) Dollars per q~arter, and in no case will a license be issued for less than one quarter. (d) The provisions of this section shall not 'apply to any person, fi~m or corporation 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 member of his family when the receipts from such peddling do not exceed One Hundred Dollars ($100.00) per month. 2~. Photographers - Every person, firm, or corporation en- gaged in the business of photographing or picture making, or ar~ business connected therewith, 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 ($25.00) Dollars per year. (b) From those who have no regular, established place of business but make photographs or sell photographs and charge and re- ceive remuneration therefor, the sum of Twenty-five ($25.00) Dollars per quarter. (c) From those who peddle tickets to apply in whole or in part payment of photographs or framss by any person, firm or corpora- tion who has not a fixed and permanent place of business in the City of Bakers field, or for anything in any way connected with the business of photography, the sum of Fifty ($50.00) Dollars per quarter or any fractional part thereof. 29. Private Patrol - For every person, firm, co-partnership, association, or corporation engaged in the business of o~nducting a Private Patrol System the license fee shall be five ($5.00) Dollars per quarter. For every person employed as a Private Patrol Watchman by any person, firm, co-partnership, association, or corporation who holds a permit ~nd has paid a license to operate a private patrol system, a license fee of two and one-half ($2.50) dollars per quarter shall be paid. Provided, however, ~at for the above mentiers'~'d Pri.vate Patrol System and Private Patrol Watchnnan no license shall be issued' by the License Collector until a permit is granted by the City Manager. 30. Rea__l E~tate - Every person, firm or corporation engaged in the business of buying, selling or renting real estate and receiv- ing 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 ($28.00) Dollars per year. Provided, however, that no such pets m, firm or corporation who is duly licensed in any othem~'city of the State of California shall be required to pay the license provided for in this section until the license of such other city expires or un'ess such person, firm or corporation maintains an office in the City of Bakersfield'. 31. Rent Cars, Automobiles fo__Er H~re, Stages - (a) For every person, firm 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 or a representative of the owner at rates per mile, per trip, per hour, per day, per week or permonth, 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 ($18.00) per year. (b) For every person, firm or corporation conlucting, manag- ing or carrying on the business of letting the use of any automobile or 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 month, 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) Dollars per year. (c) For every person, firm or corporation conduO~ing, man- aging 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' or representative of the owner at rates per mile, per trip, per hour, per day, per week, .e~--. per month, ani 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 public 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 passengers for hire, having a terminal or office in the City of Bakersfield, the sum of Forty ($40.00) Dollars per year. For the above mentioned n0 license shall be issued by the License Collector until a permit is granted by the City Manager. 32. Secon~dhand Furniture Dealer - For keeping, conducting or carrying on the business of Secondhand dealer or secondhand furni- ture dealer the sum of ~venty-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. 33. 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. 34. Shooting Gallery - From the keeper of a shooting gallery the sum of Twenty ($20.00) Dollars per quarter. 35. Skating Rinks - For the business of keeping, conducting, managing or maintaining a skating rink, the sum of Twenty-five ($25.00) Dollars per quarter. 36. Soft Drinks - Any person, firm or corporation selling or offering for sale any sy. phon soda, soda water, root beer, or any -27 - other so-called soft drink, to which carbonic acid 'g~. ~.~,,.~d. at the time of said sale, the rate shall 'be as of this o~dinmce as aforesaid, but the min~ license fee thereon and therefor shall be '~irty ($~0.00) Dollars fo~ a six (6) month period, and no such license shall be issued for a period less than': ...... ~..,. six months. Fo~ ~e above no license shall be issu~ by the License ':' ' Collec~ ~til a pemit is g~mted by the City l~age~'. ~V. Theatres -Shows, Gmes, Amusements, E~ibitions, Etc. - (a) Fo~ every ~son, fire o~ corporation engaged in the business of conducting a theatre at ~ established place of business, wholly within a pem~ent building, constructed for theatrical ~- poses, the license fee shall be as follows: If for less thin one month, Ten Dollars ($10.00) per day;. If fo~ one month, Twenty Dollars ($BO.O0) per month; If for one yea~ o~ more at the rate of ~irty Dollars ($~0.00) pe~ quarter. (b) For every person, firm or corporation enga~d in the ~s- iness of condmti~ a ~eatre, motion pic~res, sh~, i~oo2 circus, concert, opera, contest, marathon, struts, or any other attraction or ente~taiment where not othe~ise provided for in this o~dinmce, eithe~ as principal o~ ~ent, in ~e open air, in a tent, in a hall or building not constructed exclusively for theatrical purposes, where- in said attractions o~ ente~taiments are ~nducted o~ e~ibited as an independent business o~ entert~ment, ~d not a part of any othe~ business, the license fee shall be Seventy-five ($V8.00) Dollars per day, payable in advance. Provided, that.in the event any of the said attractions o~ entertai~ents specified in ~e above section a~e sponsored by ~y c~itable org~ization o~ by my frate~al o~ganization fo~ charitable p~poses, of the City of Bakersfield, .~d s~d entertaiment is held in a building owned or leased by s~d orgmization ~d cornonly used as the meeting place o~ headquarters, and any portion of the net p~o- ceeds ~e derived by ~y person, fire, association o~ corporation other ~..~ ,:, ...~:_. · than the sponsoring fraternal or charitable organization, the license fee shall be 5% of the net proceeds derived by said person, firm, association or corporation. Provided, further, that in no event shall the license fee be less than Twenty-five ($25.00) Dollars per day, payable daily in advance; and provided, further, no license will be issued for a period to exceed seven (7) days'. (c) The provisions of Subdivision (b) shall not apply in the event said attractions or entertainments are given wholly for the benefit of churches, schools, or charitable entertainment given given by any fraternal or charitable organization of this city, where the entire net proceeds are derived by the said organization and for entertainment under the auspices of any bona fide Chautauqua Associa- tion, provided a permit is first obtained from the City Manager. Provided, further, ~hat before a permit is issued for said entertainment or attraction by the City Manager, a certified copy of all contracts pertaining to said attractions shall be filed with the City Manager, showing in detail the division or distribution of all expenses and profits expected from said entertainments. A permit will not be issued if the evidence shows the entire net proceeds are not received and retained by the said fraternal or charitable organization. (d) For every person, firm, corporation or association own- ing, maintaining, conducting or presenting a carnival as defined here- ic, in.'the Ci.ty of Bakersfield, the following license shall be charged and collected in advance: One hundred fifty dollars ($180.00) per day, and an addi- tional fee or charge of twenty-five ($26.00) dollars per day for each and every separate show, attraction or exhibition carried on by such person, firm, corporation or association conducting such carni- val. Said fee of twenty-five ($28.00) dollars per day to cover each ferric .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 headings, -29 - together with all dancing shows, negro minstrels, so-called girl shows, and other similar attractions carried by traveling carnival organiza- tions. Provided, however, that where the owner of said carnival has kept or maintained the winter quarters and property connected with said carnival within the City of Bakers field, for a period of four months or more immediately preceding the request for a license within said city, and desires to operate to operat~ for a period of time not exceeding one week at the be- ginning of the season of said carnival, then and inthat event the license fee shall be forty dollars per day for each and every day of said week. (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, corporation or association conducting a carnival as defined in this ordinance, when sai~. game, show, or attraction is shown 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 ($25.00). Dollars per day. (f) The License Fee, as herein provided, shall not be charged or collected in the event ~". ~.arnival, as defined 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 Bakers field, 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 any other show, g~ne, attraction or carnival, as mentioned herein, shall pay a 'liCense fee of Ten ($10.00) Dollars per day. But when shown or operated at the same time or with any attraction or carnival, game, show or riding devices, as mentioned herein, then the license fee shall be Twenty-five ($B5.00) Dollars per day. (h) Every person, firm, corporation, or association conduct- ing, operating or managing an amusement game, or test of skill, strength, physical endurance or capacity of any kind whatsoever, and for partici- pation in which a fee is ch~ged or which is conducted for profit, the license fee shall be 'Ten ($10.00)'Dollars per month. No license shall be issued for less than one month; PROVIDED, whenever any such amuse- ment game, test of skill, strength, physical endurance or capacity of any kind whatsoever, is conducted with or at the same time any other carnival, attraction or show, as defined and mentioned in this o~iin- ance, is conducted, the license fee shall be, in that event, the sum of Twenty-five ($B8.00) Dollars per day for each amusement game, or test of skill, strength, physical endurance or I 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 perform- ance, Seventy-five ($V8.00) Dollars for each performance and for each show for pay of any panorama figures, Jugglers, necromancerS, magicians, wire or rope dancing or sleight of hand ey~ibttions or sideshow, and when a separate .price is charged each must be considered a separate exhibition, and an exhibition in the day time must be considered one exhibition, and exhibitions after dark on the same day considered other exhibitions. (j) All other exhibits, of any natu~e~hatsoever, not spec- ifically referred to in this section shall pay a license fee of Seventy- five ($V8.00) Dollars per day, and no license shall be issued by the License Collector until a permit to cmduct such exhibit is granted by ///~the City Nanager. (k) For each amusement game, or test of skill, strength, -31 - physical endurance or capacity of any kind whatsoever, not otherwise provided for in this ordinance, and for participation in which a fee is charged, the sum of Ten ($10.00) Dollars per month. Provided, however, that when an an~sement game or game of skill, strength, or physical endurance is a small, portable, complete unit, and same is maintained and conducted in conjunction with an established place of business paying a license for same to the City of Bakers field, the license fee shall be Ten ($10.00) Dollars per quarter for each and · every game or unit. 38. Unsecured Loans - For the business of loaning money at interest on salaries, wages, incomes or other unsecured loans, the license fee shall be the s~m of One Hundred ($100.00) Dollars per quarte r. 39. Vendin~ Machines - For each and ever-y vending machine e~hibited, used, maintained, Operated or permitted to be operated by any person, fi~m or corporation in the City of Bakers field, the license fee shall be as follows: Machines operated by the deposit of a coin of the value of more than one (1) cent, Three ($3.00)Dollars per quarter in advance. Machines operated by the deposit of a coin of the value of one (1) cent, Three ($3.00) Dollars per year in advance! provided, however, that ~o ..1.i.cens~ shall be issued for a period of less than one year. 40. 'Veterinarian - Every person engaged in business as .a veterinarian shall pay a license fee of Twenty ($20.00) Dollars per annum. 41. WrestlinE .and Boxin~ - Any person, fi~m, corporation, club or association conducting wrestling and/or boxing contests within the limits of the City of Bakers field shall pay to the License Collect- or of the City of Bakers field, the sum of Thirty ($30.00) Dollars p'er quarter. Before said license shall be issued satisfactory evidence shall be presented to the City Manager of the City of Bakersfield that the applicant has complied ·with the Boxing and Wrestling Commission Act of the' State of California, and is duly qualified to hold such an exhibition. ALL LICENSE FEES NOT OTHERWISE PROVIDED FOR HEREIN. SECTION 18. 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, profession, occupation, or who sells or offers for sale any goods, wares' or merchandise, either as principal or agent, whether on commission or otherwise, whether for present or fUture delivery or whether said goodsT wares .or mer- chandise are owned by or consigned to said perscn, firm or corporation, except as otherwise provided for in this ordinance, shall pay a license fee based on the gross amount of monthly ~eceipts and sales in accordance with the following schedule. A~r. aga Monthly.' Gross Receipts and Sales Less than $2,000 ......... · ·. · ~ 5.00 per c~Aarter S 2,001 to S 4,006 . .......... . S 8.00 per quarter S 4,001 to S 6,000 . ........... S12.00 per quarter S 6,001 to S10,O00 . ....... .... 820.00 per quarter S10,O01 to 815,000 . .......... . S25.00 per quarter ~lS,001 to 820,000 .... ..... ... 835.00 per quarter S20,001 to 830,000 . ......... .. S45.00 per quarter 830,001 to S50,000 . .......... . S60.00 per quarter ~50,001 and over ............ 975.00 per quarter Provided, however, that where any person, firm or corpora- tion carries on said business exclusively at wholesale the license fee therefor shall be equal in amount to one-half (m_) the license fee of that class of which said business would come if same were condncted as a retail business, as this section specified; provided, however, that in no case will the license fee be less than five ($5.00) dollars per quarter. Where said person, firm or corporation conducts both a retail and who'lesale business. on the same premises and desires to take advantage of the wholesale rate, such person, firm or corpora- tion 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 thereupon be paid for each such branch. And provided, further, that nothing contained or set forth in this section, or el~sewhere in this'ordinance, shall apply to any business coming within the provisions of the law affecting ~ relating to interstate commerce, and any person, firm or corporation engaged in doing any such business shall not be required to pay my license fee thereof or therefor. STATEMENT TO LICENSE COLLECTOR ON GROSS BUSINESS SECTION 19. (a) In all cases where the amount of license to be paid by any person, firm or corporation is based upon the amount of gross receipts or sales 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 l~Arther license is issued for said business, render to the License Collector at his discretion or demand a state- ment 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 immediately 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 determine the amount due and payable from said business to the City of Ba~ersfield 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 equsl quarterly payments the first payment due and payable the first day of July of each year, and the balance shall be payable quarterly thereafter until a new statement is filed as required herein. No such statement shall be conclusive~upon the City of Bakersfield, or -~4 - upon any officer thereof as to the matters therein set forth, and .the same shall not prejudice the right. of the said City to fix the mount of said license fee at a higher mount, should there be rea- son to believe that said business should have a higher rating than that shown by said statement, nor to recover any amount that may be as- certained to be due from such person, fiz-m or corporation, in addition to the amount shown by such statement if it should be found to be ln- correQt; and the License Collector shall, and he is hereby authorized to fix'-~he mount of said license at a higher rate when he has reason to believe or evidence that said statement is incorrect. Any person, firm or corporation feeling aggrieved or dissatisfied with such rat- ing by the License Collector, as aforesaid, may appear before the Coun- cil at the next regular meeting thereof with proof, if any, why 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 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 ~tatement of said business made as set forth in this ordinance, said person, firm or corporation so conducting said busimsss shall.if re- quested by the License Collector quarterly during the first year said business is being operated or conducted render to the License 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 of 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 renewal date d. uring the first -3~ - 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 herein- above pro Tided for in Subdivision (a) of this section. LICENSE FEE DEBT TO CITY. SECTION 20. The license fee imposed by this ordinance shall be deemed a debt due the City of Bakers field from and against any person, firm or corporation who enga~s in, conducts, carries on or maintains within said City any business, trade, ca.ling, profession or occupation upon which a license is imposed herein, without first having paid such license fee andprocured said license according to the terms and provisions of this ordinance and said person, firm or corporation shall be liabl~ 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. EVIDENCE OF BUSINESS. SECTION 21. If any rotion' brought under or arising out of any of the provisions of this ordinance, or any amendment hereto, the fact that a party thereto represented himself or herself as engaged in any business or calling for the transaction of which a license is required or that such party exhibiting a sign indicating such business or calling, shall be conclusive evidence of the liability of such party to pay for a license as required by this ordinance. C ~STITUTIONALITY. SECTION 22. If any section, sub-section, clause, or phrase of this ord- inance is for any ~eason held to be unconstitutional such decision shall not affect the validity of the remaining sections of this ord- inance. The Council hereby declares that it would have passed this ordinance, and each section, sub-section, sentence, clause and phrase -36 - thereof, irrespective of the ..fae.% that =.any one or more other. sections, sub-sections, sentences, clauses o~ Phrases be declared uncOnstitu- tichal. SEC TI ON 2~. PENALTY. Any person, firm or corporation violating any of the provi- sions of this ordinance or wilfully non-complying with any of the 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 Hu:~dred ($300.00) Dollars, or by imprisonment in the County Jail for a period not exceeding ninety days (90) or by both such fine and imprisonment. REPEALING ORDINANCES. SECTION 0rdi~ance No. 346 New Series, and all amendments thereto, and all other ordinm~ces or parts of ordinances in conflict herewith are hereby expressly repealed. ..... o0o ..... I HEREBY CERTIFY that the foregoing 0rdina~e was passed and adopted by the Council of the City of Bakersfield, at a regular meeting thereof held on the 6thday of September , 1932, by. the following vote: Clerk and City Ex-Of io Clerk of the Council of the City of Bakersfield'. APPROVED this 6th day of September the Cit~'~ Bakers~ield. , 19~2.