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
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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-
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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
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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
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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.
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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
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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
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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
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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.
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(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
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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
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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
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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.