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HomeMy WebLinkAboutORD NO 493ORDINANCE N0.~ NEW SERIES AN ORDINANCE Ai~NDING SUBDIVISION 37 OF SECTION 17 OF 0HDINANCE N0. 391 NEW SERIES OF THE CITY OF BAKERSFIELD, CALIFORNIA. BE IT 0RDAINED BY TEE COU~YCIL OF THE CITY OF BAKERSFIELD, as follows: SECTION 1. That Subdivision 3V of Section 1V of Ordinance No. 391 New Series, commonly known as the "License Ordinance", be and the same is hereby amended to read as follows: .3V. Theatres, Shows, ~ames, Amusements, Exhibitions, Etc. (a) For every person, firm or corporation engaged in the business of conducting a theatre at an established place of business, wholly within a permanent building, constructed for theatrical pur- poses, the license fee shall be as follows: If for less than one month, Ten Dollars ($10.00) per day; If for one month or more, but less than one year, at the rate of Twenty Dollars ($20.00) per month; If for one year or more, at the rate of Thirty Dollars ($~0.00) per quarter. (b) For every person, firm or corporation engaged in the business of conducting a theatre, motion pictures, show, indoor circus, concert, opera, contest, marathon, stunts, or any other attraction or entertainment where not otherwise provided for in this ordinance, either as principal or agent, in the open air, in a tent, in a hall or building not constructed exclusively for theatrical pur- poses, wherein said attractions or entertainments are conducted or exhibited as an independent business or entertainment, and not a part of any other business, the license fee shall be One Hundred ($100.00) Dollars for each major performance, payable in advance. Provided, that in the event any of the said attractions or entertainments specified in the above section are sponsored by any char- itable organization or by any fraternal organization for charitable purposes, of the City of Bakersfield, and said entertainment is held in a building owned or leased by said organization and commonly used as the meeting place or headquarters, and any portion of the net pro- ceeds are derived by any person, firm, association or corporation other than the sponsoring fraternal or charitable organization, the license fee shall be five percent (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 (V) days. (c) The provisions of Subdivision (b) shall not apply in the event said attraction or entertainments are given wholly for the benefit of churches, schools, or charitable entertainment 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, that 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 herein, in the City of Bakers field, the followin~ license shall be charged and collected in advance: One Hundred ($100.00) Dollars per day, and an additional -2- fee or charge of Five ($5.00) Dollars per day' for each and every separate show, attraction or exhibition in excess of twenty (20) carried on by such person, firm, corporation or association conduct- ing said carnival. Each ferris wheel, merry-go-round, whip or any other riding device, as well as attractions such as 01d Plantation or any other number of freaks or attractions grouped under similar headings, together with all dancing shows, negro minstrels, so-called girl shows, and other similar attractions carried by traveling carnival organizations shall be deemed to be a separate attraction in determin- ing the license fee. 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 Bakersfield for a period of four (4) months or more immediately preceding the request for a license to operate within said city, and desires to operate for a period of time not ex- ceeding one week at the beginning of the season of said carnival, then and in that event the license fee shall be Forty ($40.00) Dollars per day for each and every day of said week, and an additional fee or charge of Five ($5.00) Dollars per day for each and every separate show, attraction or exhibition in excess of twenty (20), carried on by such person, firm, corporation or association conducting said carnival,'as set forth in the preceding paragraph. (e) For every person, firm, corporation or association conducting any games, shows, or attractions mentioned in the pre- ceding subdivision, individually and separate from the person, firm, corporation or association conducting a carnival as defined in this ordinance, when said game, show or attraction is shovm 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. -3- (f) The ~cense~e, as herein provided, shall not be charged or collected in the event said carnival, 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 received 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 shallfbe 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, game, attrac- tion 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, the license fee shall be Five ($5.00) Dollars per day, as set forth in Subdivision (d). (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 participation in which a fee is charged or which is conducted for profit, the license fee shall be Ten ($10.00) Dollars per month, No license shall be issued for less than one month; PROVIDED, whenever any such amusement game, test of skill, strength, physical endurance or capacity of any kind whatsoever, is conducted with or at the same time any other carnival, attraction or show, as defined and mentioned in this ordinance, is conducted, the license fee shall be, in that event, the sum of Twenty-five ($~5.00) Dollars per day for each amusement game, or test of skill, strength, physical endurance or capacity of any kind. P~ovided, further, that when an amusement 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 Bakersfield, the license fee shall be Ten ($10.00) Dollars per quarter for each and every game or unit. (i) For each exhibition for pay of a caravan or menagerie, or any collection of animals, circus, or any other acrobatic per- formance, One Hundred ($100.00) Dollars for each major performance including any panorama figures, jugglers, necromancers, magicians, wire or rope dancing, or sleight of hand exhibitions or sideshow, and an exhibition in the day time must be considered one exhibition, and exhibitions after dark on the same day considered other exhibi- tions. (j) All other exhibits, of any nature whatsoever, not specifically referred to in this section, shall pay a license fee of Seventy-five ($V5.00) Dollars per day, and no license shall be issued by the License Collector until a permit to conduct such ex- hibit is granted by the City Manager. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. ..... o0o ..... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield on the day of January, 193V, by the following vote: City Clerk and Ex-O icio Clerk of the Council of the City of Bakers field. APPROVED y me this/~~ay of January, 193V.