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HomeMy WebLinkAboutORD NO 512ORDINANCE SERIES AN ORDINANCE REGULATING AND I~POSING MUNICIPAL LICENSES; DESCRIBING HOW AND BY WHOM LICENSES AND Pk~RMITS SHALL BE OBTAINED; MAKING A VIOLA- TION HEREOF A MISDEA~ANOR, AND PRESCRIBING A PENALTY THEREFOR, AND REPEALING ORDINANCE N0. 391 NEW SERIES A~PD ALL AMENDMENTS THERETO, AND ALL 0TEER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREI~ITH. BE IT 0RDAINED BY TEE COUNCIL OF THE CITY OF BAKERSFIELD, as follows: SECTION 1. DUTY OF LICENSE COLLECTOR. It shall be t~e 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 herelnafter mentioned; provided that no license shall be issued for any business, trade, calling or profession for which a permit is required, until such permit shall have first been granted. It shall be the duty of the License Collector to comply with all of the provisions of this ordinance as the same is now or may hereafter be amended. CITY AUDITOR TO 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 licensese CITY AUDITOR TO EEEP 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 returned unsold. DISPOSITION OF LICENSE FEES. SECTION 4. The License Collector shall pay over to the City Treasurer all license fees collected by him, and shall take from the City Treasurer a receipt showing such deposit. The City Auditor shall credit the said License Collector with such money so deposited. EXPIRATION OF LICENSE. SECTION 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 REVOKED. SECTION 6. All licenses granted under the provisions of this ordin- ance or any section hereof, or any amendment hereto, are granted and accepted by all parties receiving said licenses with the express .underptandin~ .~hat. the Cou,..cil of the City of Bakersfield may r evoke the same at any time if any of the conditions of said license or any of the..~erms 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 privileges granted therein, for one week, or until the next regular meeting of said Council, at which time the holder of said suspended license may appear before said Council in his own behalf and show cause, if any, why said -2- license should not be revoked. Upon his failure to so appear, or if after such hearing the Council finds there is good and suffi- cient cause for revoking same, the said license shall be revoked, and the finding of the Council thereupon shall be conclusive. If the hearing is adjourned the license shall remain s uspendeduntil such time as a final conclusion is reached by said Council, It shall be unlawful for any person, fi~m or corporation to continue in said business, trade, occupation or profession for which said license has 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, fi~m or cozypotation whether as principal or agent, owner or employee, to commence, ~n~age 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 therefor as hereinafter provided. Such license, when issued, shall authorize the party obtaining same to transact the business, trade, calling, profession or occupation described therein, in a particular locality within the City of .Bakersfield, designated in said license, and for the tetra stated therein. Separate licenses must be obtained for each establish- ment or place of business, or branch thereof, except such estab- lishments or places of business as pay a license fee based upon the schedule contained in Section 18 of this ordinance. -3- SECTION 8. ANNUAL, QUARTERLY, MONTHLY AND DAILY LICENSES. Except where otherwise provided licenses shall be issued quarterly, commencing on the first day of January, April, July and · October, respectively, each year, and shall be due and payable on said respective dates, except when business is commenced during a pending quarter, in which event the license for said quarter shall be due and payable when said business is commenced, provided that in the event business is commenced after the 15th day of the second month of a quarter, the license fee shall be one-half (½) of the quarterly amount, unless otherwise specifically provided for, and the license 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 herein shall be due and payable on the first day of each month. Daily licenses shall be due and payable each day in advance, provided, however, that payment may be made for any 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. PENALTY ON OVERDUE LICENSES. SECTION 9. 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 (28%) 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 thereof is enforced; provided, however, that the word "PAID" shall for the purpose of this section be held to mean and include the payments being in the office of the License Collector of the License Depart- ment, of the City of Bakersfield. And provided, further, that in the event the fifteenth day shall fall upon a legal holiday, then in that event the fifteenth day shall be held to mean the next business day.immed~tely succeeding such legal holiday. LICENSE TO BE POSTED AND/OR DISPLAYED. SECTION lO. Every person, firm or corporation receiving a license as provided herein shall post the same conspicuously in his place of business. All persons who have no fixed place of business and all foot peddlers must produce and show their licenses whenever requested to do so by any person who may make demand to see the same. Every person using a wheeled vehicle upon which a license is required must place and maintain the license in a suitable container so as to clearly show the entire face of said license, and shall securely fasten said container and license in plain J sight in the driver's compartment of the vehicle for which the license is issued. Every person, firm or corporation or peddler who shall fail or refuse to post, exhibit on demand, or display, as the case may be, the license required by this ordinance shall in addi- tion to the penalties hereinafter imposed have his license revoked as provided in Section 8 of this ordinance. E~TPIREDAND/OR REVOKED LICENSE. SECTION ll. It shall be unlawful for any person, firm or corpora- tion 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 exhibit any license during any period that such license is suspended, as provided in Section 6 of this ordinance. SECTION 12. POLICE POV~ER UNDER TH~S ORDINANCE The Chief of Police and all regular police officers of the City of Bakersfield shall have and exercise the power of making arrests 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 of this ordinance, to see that same is conducted in a safe and law- ful manner. In addition to all regular police officers of the City of Bakersfield, the License Collector and all duly authorized deputies of said License Collector shall have and exercise the power to enter, free of chsrge, at any time during business hours, any place of business for which a license is required and provided, and to demand the exhibition of such license for the current term, from any Per- son, 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 pro- vided for violation of this ordinance. RENtaL OF LICENSE. SECTION 13. All persons, firms or corporations to whom licenses have been issued under the provisions of this ordinance, and who desire upon the expiration of the period for which such license has been granted to have same renewed, shall upon the expiration as afore- said secure a new license in place of the license held by them which has expired, by applying to the L~cense Collector and paying the amount required, and'making such statement as may be required under this ordinance, ~mless a regulating ordinance provides that a permit shall be issued, in which case license shall not be delivered until a new permit has been obtained. REFUND 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 unexpired license for the business coming under such repealed or amended.section, a Proportionate amount of the license fee paid thereon. EX-SOLDIERS, SAILORS AND MARINES. SECTION 18. All ex-soldiers, sailors, or marines, who have been honorably discharged from military or marine service of the United States, or the Confederate States, who are Physically unable to obtain a livelihood by manual labor, and who shall be qualified electors of the State of California, shall be permitted to vend, hawk, and peddle any goods, wares, merchandise, fruits or vegetables (not otherwise Prohibited.by ordinance or law) in the City of Bakersfield, without paying a license fee therefor, and upon the presentation of his certificate 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 dis- charged soldier, sailor or marine, said permit free of charge, as aforesaid. DEFI NITI 0NS. SECTION 18. For the purpose of this ordinance the following words, whenever used herein, shall be held to mean and include as the same are-defined in this section: l, 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, fix~n 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 Wreckinn Dealers - Is defined to be any person, fiz-m or corporation who carries on, conducts, maintains or engages in the automobile 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 calling in which a person, firm, or corporation is.engaged for profit or to earn a livelihood. 6. Carnival - Shall be held to mean and include any group of attractions such as ball games, merry-go-rounds, whips, ferric wheels, or other riding devices, freaks, dancing shows, negro minstrels, or any other like entertainment or game for which a 9harge is made for~p~ay!ng 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 owped by different persons, firms, corporations or associations exhibiting or showing the attractions at the same time, in each instance the group of attractions s~all, for the purpose of this ordinance, be considered a carnival. 8. Contractor - A contractor within the meaning of t his 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 compen- sation other than wages, undertakes or offers to undertake, or pu~- ports to have the capacity to undertake to construct, alter, repair, add to, or improve any building, highway, road, rail~oad, excavation -8- or other structure, project, development, or improvement, or to do any part thereof; provided, that the term contractor, as used in this ordinance, shall include subcontractor, but shall not include any one who merely furnishes materials or supplies without fabri- cating the same into, or consuming the same in the perfozvaance 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 Ordinance to submit to special examination as to qualifications and carrying individual inspection. Class "B" Contractors: Shall i~C~ude all contractors engaged in the construction or rS~odeling 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 construc- tion or remodeling of any building or improvement, each with a v~luation of more than five hundred ($800.00) dollars, and less than ten thousand ($10,000.00) dollars. Class "D" Contractors: .. Shall include.all contractors engaged in the construc- tion or remodeling of any building or improvement, each with a valuation of not more than five hundred ($800.00) dollars, and not less than twenty-six ($~6.00) dollars. V. Dance, Public - See Public Dance. 8. Dance Hall, Public - See Public Dance Hall. Dealer. 9. Dealer, Automobile - See Automobile Dealers. 10. Dealer, Automobile .WreckinE - See Automobile Wrecking ll. Dea!~r, Second Han___~dAutomobiles - See Second Hand Automobile Dealer. 12. Dealer, Wholesale - See Wholesale Dealer. 13. Dry cleanin~ - Shall be deemed to mean the process of cleaning, dyeing, or renovating clothes, wearing apparel, feathers or any fabric, textile~ or ~ts,'by means of immersion and agitation in any cleaning medium and/or solvent not ordinarily used in regular steam laundry cleaning. 14. Established Place o__f Business - Indicates a permanent store, office or place where business is legally and regularly transacted from month to month, in such manner as a business of that nature is generally conducted and where the circumstances show an intention to become an established, fixed and continuous part of the regular and legitimate business life of the 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.distinguished from a continuous and permanent business in said City. 18. _Endless Chain - Is defined to mean and include any plan or scheme wherein any person, firm or corporation sells, transfers, assigns or issues to any person any right, property, ticket, coupon, certificate, contract, or other token, and wherein the purchasers, transferees, or signee thereof or the person to whom the same is issued undertakes or is required or permitted to under- take for himself, or as the agent, representative, or attorney of such person, firm or corporation to sell, transfer, assign, or issue to another any right, property, ticket, coupon, certificate, contract or other token which may under certain conditions entitle the pu~- -10- 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 Purchasters, assignees, or tPansferees, or from subsequent Purchasers, assignees, or transferees are also given, as a consideration for their entry into or Participation in such plan or scheme and their Purchase or 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 o__~f~usiness - Shall be the same as the definition given for "Established Place of Business" herein. 1V. Goods - Shall mean and include every commodity or article of trade capable of being bought, sold or exchanged. 18. Hir___~e - Shall be held to mean and include compensation, reward or revenue derived from the hauling or transportation of passengers, freight or any other material. 19. Importer of Goods, Wares, an___dMerchan.d..ise _ 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 said retail or wholesale stock in trade 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 Bakersfield, selling goods, wares or mer- chandise, and who, for the Purpose of carrying on such business hire, lease or occupy any room, building or structure,lot or -11- 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 and 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, dealers or traders, where same is to become a part of 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, as the same are defined in this ordinance, nor to persons selling fruits, vegetables, meat, poultry, butter, eggs and other pro'ducts of their own farm or dairy. 21. Itinerant Vendor - "Itinerant Vendor" of goods, wares and merchandise shall be defined the same as the definition given for ,'Itinerant Merchant" herein- 22. ju~nkDealer - Is defined to be any person, firm or corporation who carries on, conducts, maintains or engages in the business of buying, selling, or otherwise dealing in or acquiring old bottles, scraps, pieces of'metal, rags, old rope, or any old article not to be used in its former state or condition. 23. J__~__~kOollector - Is defined to be any person who goes from house to house, or from place to place, gathering, collecting, buying, selling or otherwise dealing in or acquiring any old bottles, scraps, pieces of metal, rags, old rope or any old article not to be used in its former state or condition- 24. Machines, Vending--See Vending Machines- 25. Merchandise - Shall be held to mean the same as the definition given for "Goods" herein- 26. Merchant, Itinerant - See "Itinerant Merchant" herein. 27. 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 there- in. 28. Peddler - Shall include every person who carries from place to place in either a pack, vehicle, basket or other convey- ance or contrivance, and offers to or does sell, barter or exchange any goods, wares and merchandise or books (except religious publica- tions, newspapers or periodicals); provided, that persons furnish- ing to retail dealers having an established 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, and a producer who fu~.nishes directly and delivers any poultry, eggs, butter, fruit or vegetable, or meat, being the produce of his garden, farm or dairy, to any per- son 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 and/or dairy must be situated within the limits of the County of Kern, State of California. ~ 29. Permanent Place of Business - Shall be held to mean the same as the definition given for "Established Place of Business" herein. 30. Pawn Broke~ - 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 mer- chandise as a pledge or pawn in security for the payment of same, or who purchases articles of personal property and resells or agrees to r~Sell such 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 and include voca- tions, depending upon the knowledge, ability, and effort of individ- uals, and not concerned with the furnishing of amusement, goods, or merchandise to the general public. 33. Public Dance - Shall for the purpose of this ordinance be held to mean and 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 which a public dance as defined herein is conducted. 36. 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, Automobile 'Dealers and Second Hand Furniture Dealer as the same is herein defined. 3V. Second Han._~d 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- vided, however, that this definition shall not include any person, firm or corporation who handles or deals in secondhand household furniture or household goods only as an incident to his regular business, or one who conducts or maintains a furniture store and whose principal business consists of buying, selling or dealing in new or unuse~ household furniture or household goods. 38. Second Hand Dealer in Automobiles - Is defined to be any person, firm or corporation who 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. Steam Laundry - Shall 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 ~upply - Shall be deemed to mean the business of washing, ironing, exchanging, renting and/or furnish- ing towels or other linen for condensation. 41. Vendor of Goods - Shall be defined the same as the definition for "Itinerant Vendor" herein. 42. Vending Machines - Shall be deemed to mean and include any machine, contrivance, device or appliance which as a result of a deposit 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. Wa~es - Shall.be defined the same as the definition given for "Goods" herein. SECTION 1V. AMOUNT OF LICENSE FEE TO BE PAID. The amounts necessary to be paid and the rates of license for the business, trade, calling, profession or occupation hereln- after named shall be, and the same are hereby fixed and established according 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. -15- Nothing in this section contained shall be deemed or construed as applying to 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 Bakers- field, in consideration of direct or indirect gain or profit, to engage in any employment, or to go to work or be at any time in any place of employment. 1. Appraiser - Every person, firm or corporation engaged in the profession of Appraiser in the City of Bakersfield shall pay a license fee of Fifteen ($18.00) Dollars per year in advance; provided, however, that any person licensed to practice law or any real estate broker or salesman who has paid a license fee hereunder shall be exempt from paying a further fee as an appraiser. ~. Architect - Every person, firm or corporation engaged in the profession of Architect in the City of Bakersfield shall pay a license fee of Fifteen ($18.00) Dollars per year in advance. 3. Attorney-at-Law - Every person or firm engaged in the profession of Attorney-at-Law and maintaining an office in the City of Bakersfield shall pay a license fee of Fifteen ($18.00) Dollars per year in advance. 4. Auctioneers - (a) For the business of acting as an Auctioneer, the sum of Fifteen Dollars ($18.00) per quarter; pro- vided, that if the person by whom the auctioneering is done is an itinerant vendor of goods, wares or merchandise, temporarily located in this City, he shall pay a license fee of Fifteen Dollars ($18.00) per day; provided, further, that this 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 ($18.00) Dollars per day applying to auctioneers or itinerant vendors of goods shall apply du~ing 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 issued by any State or Federal Cou~t, or for the bona fide sale of household goods at the domicil~ of the owner thereof, provided that the owner thereof shall act in the capacity of the Auctioneer. 8. Auditor and/or Accountant - Every person, firm or cor- poration engaged in the profession of Auditor and/or Accountant in the City of Bakersfield shall pay a license fee of Fifteen ($18.00) Dollars per year in advance. 8. Aut___2o 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 ($1~.80) per quarter. V. Barber Shops - For every person conducting, carrying on or managing a barber shop containing one chair, the sum of Two Dollars and Fifty Cents ($2.80) per quarter; where the shop contains more than one chair, the sum of Fifty Cents ($.80) per quarter for each additional chair kept in said shop, whether used continuously or not. 8. Baths, Public - (a) For the business of keeping, maintaining or furnishing steam, Hamman 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 ordinance, or of any other ordinance amendatory hereof or supplemental hereto, the sum of Fifteen ($18.00) Dollars per quarter. (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 any other business paying a license fee under the pro- visions of this ordinance, or any other ordinance amendatory hereof or supplemental hereto, the sum of Five ($8.00) Dollars per quarter. 9. Beauty Shops - For every person conducting, carrying on or managing a beauty parlor, manicure parlor, or massage parlor where facial massage, fomentations, electric or magnetic treat- ment or alcohol rubs are administered, the sum of Two Dollars and Fifty Cents ($2.50) per quarter for one operator, and the sum of Fifty Cents ($.80) per quarter for each additional operator; pro- vided, further, that the holder of a license to conduct a barber shop shall not be entitled to engage in said business without pay- ing the full fee herein set out. 10. Billlard, Pool, Bowling, Baseball, Pin and Marble Games - For the business of keeping, conducting, managing or main- taining billlard, pool or bagatelle tables, bowling alleys, base- ball, pin or marble games, the sum of Three Dollars ($3.00) per quarter for each billlard, pool or bagatelle table, for each bowl- ing alley or bed, or for each baseball, pin or marble game. 11. Chiropodist and/or Masseur - Every person or firm engaged in the profession of Ch~ropodist and/or Masseur and main- taining an office in the City of Bakersfield shall pay a license fee of Fifteen ($15.00) Dollars per year in advance. 12. 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 ad- vance, 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 dbt~tng which said license is issued. 13. Contractors - For every person, firm or corporation engage d 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 for 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 Bakersfield shall pay a full yearly license in advance from the first day of the current quarter during which said license is issued. Thereafter the said contractor may continue by securing a license quarterly if so desired. ProVided, further, that any contractor who has had a Class "A" or Class "B" license in the City of Bakersfield, who has allowed same to expire and has not made an application for a renewal of said 'license 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 current quarter during which~said license is issued. Thereafter -19- the said contractor may continue by securing a license quarterly 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 will forfeit said rights to pay q~arterly and he will thereafter be considered as one who has never berate made applica- tion 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 proceed, and said license shall be 0~e ($1.00) Dollar. 14. Dances, Public - For maintaining or conducting any public dance a license fee shall be paid as follows: Public Dances - $1S.00 per quarter. Single Public Dances - $10.00 each. For the above mentioned no license shall be issued by the License Collector until a peEnit is granted by the City Manager. 15. 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 limits of said City, or operating entirely within the limits of said City, the license fee shall b e 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 ...... 6000 to V999 pounds ...... 8000 poUnds or over ..... . -20- 16.00 per year ~0.00 per year 30.00 per year (b) Carrying Capacity of Motor Driven Vehicles - Under 2000 pounds. ...... . $10.00 per year 2000 to 3999 pounds ...... 18.00 per year 4000 to 5999 pounds ..... . 22.00 per year 6000 to 7999 pounds. ..... 30.00 per year 8000 or over ............. 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 advertis- ing 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. 16. 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 merchandising by means of a scheme commonly known as an "Endless Chain" the sum of Twelve Dollars ($12.00) per quarter. 1V. 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. ................ 12.00 per quarter 50 to V4 ~ooms ................. 15.00 per quarter 75 to 100 Rooms ................ . 20.00 per quarter 100 Rooms and over ............... 30.00 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. 18. Ice - For the business of manufacturing, selling or distributing ice, the sum of Thirty ($30.00) Dollars per quarter. 19. Ice Cream Wagons and Carts. For every person, firm or corporation peddling, vending, selling or offering for sale ice cream, ice cream cornucopias, or other iced confections, from horse-drawn or motor-propelled vehicles, the license fee shall be the sum of Thirty ($30.00) Dollars for a six months period, for each such wagon or vehicle. Provided, that no license shall be issued for each such wagon or vehicle for a period less than six (8) months. Provided, further, that no license shall be issued for such horse-drawn or motor-propelled vehicles except upon the approval of the Health Officer. For every person, firm or corporation peddling, vending, selling or offering for sale ice cream, ice cream cornucopias, or other iced confections, from carts which are propelled by manual power, the license fee shall be the sum of Fifteen ($15.00) Dollars for a three months period, and Five ($5.00) Dollars for each additional month after such three months period, for each such cart. 20. Importing Goods, Wares or Merchandise fo~ ~al_Je - Every person, firm or corporation not specifically mentioned in this ordinance, conducting or carrying on the business of import- ing goods, wares or merchandise of any kind whatsoever, into the city limits of the City of Bakersfield, by automobile, automobile truc~, 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 im- -~- potting 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 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, that in such cases where the said goods, wares or merchandise 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 importing said goods, wares or merchandise into the limits of said City of Bakersfield, by means of steam and/or electric trainsJ and taking delivery from said steam 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 transportation 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 transported by him, either as principal and/or agent, will not be classified as keeping, 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 fruits, vegetables, mea~s, poultry, eggs or butter raised or produced by himself, or for the selling of foodstuff cooked or erepared 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 articles must be raised, prepared or manufactured within the limits of Kern County, Calif- ornia. 21. Itinerant Vendors - Corn doctors .or chiropodists prac- ticing their 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 or personal property, of any kind or description, or vendor of goods, wares or merchandise, using music, speeches, oratory, gymnastics, entertainments or any particular display, show or performance or by haranguing crowds in any public hall or building, or on any vacant lot or premises, or doing any act cal- culated to draw or collect a crowd for the purpose of advertising or selling his goods, wares o~ merchandise, shall pay a license fee of Twenty-five ($28.00) Dollars per day. 22. Jun__k Dealer and/or Collector - For conducting, carrying on or maintaining the business of junk dealer or Junk collector, the sum of Twenty-five ($25.00) Dollars per quarter and for each vehicle for collecting junk, the sum of Ten Dollars ($10.00) per quarter. For the above mentioned no license shall be issued by the License Collector until a permit is granted by the City Manager. 23. Laundry, Hand - For operating or maintaining a hand laundry and using in connection therewith any waaon or other vehicle, a license fee of Five ($5.00) Dollars per quarter for each such wagon or vehicle. 24. Laundry, Steam. and/or Linen Supply - For every person, 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 main- tained outside the city limits of the City of Bakersfield, but doing business within the city limits o~ the said City of Bakers- field, the license fee shall be the sum of Three Hundred ($300.00) 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. 25. Loans, Mortgages, other than Pa__~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 I,an and advance any chattel mortgage, bill of sale, or other obligation or contract, involving the forfeiture of rights in or to personal property, the use or possession of which is retained by others than the mortgagee or lender, shall pay a license fee to the City of Bakersfield, a t the rate of Twenty-Five ($28.00) 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 affecting pawnbrokers, or other persons, fiz~ms or corporations exempt by State Law. 26. Lunch Stands and Tamale Parlors - For every person, firm or corporation engaged in the business of conducting a tamale parlor or lunch stand, the license fee shall be in accordance with Section 18 of this ordinance. 2V. Medicinal and Dental Professions - Every person, firm or corporation engaged in the profession of chiropractic, osteopath, dentist, optometrist, optician, oculist, physician and surgeon, or physician or surgeon, and maintaining an office in the City of Bakersfield, shall pay a license fee of Fifteen ($18.00) Dollars per year in advance. 28. Milk Wagons - For every person delivering milk, buttermilk and/or cream from wagons or other vehicles, the license fee shall be Three ($3.00) Dollars per quarter for each vehicle so used, payable in advance; provided, however, that if such person's gross sales, as set forth in a sworn statement, are under one hundred ($100.00) dollars per month, no license fee shall be required. 29. Palmist, Fortune Teller, Clairvoyant, Etc. - Every person now engaged in or who may hereafter become engaged in the occupation of practicing the profession of palmist, fortune teller, clairvoyant, phrenologist, astrologer or necromancer and receiving remuneration therefor shall pay a license fee in the sum of Five Hundred ($800.00) Dollars per quarter or any portion thereof. For the above mentioned no license shall be issued by the License Collector until a peEnit is granted'by the City Manager. 30. ~a.wn Broker - For keeping, conducting or carrying on the business of pawn broker, the sum of Fifty ($50.00) Dollars per quarter. For the above mentioned no license shall be issued by the License Collector until a permit is granted by the City Manager. 31. 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 otherwise provided in this ordinance, every peddler of goods, wares and merchandise using a wheeled vehicle shall pay a license fee of Fifteen ($15.00) Dollars per day; provided, however, that for peddlers using a wheeled vehicle in selling fruits, vegetables, and other farm or garden products direct to the consumer the license fee shall be Seven Dollars and Fifty Cents ($V.50) per quarter. (c) Every person, firm or corporation not having a fixed and regular place of business within the City of Bakers- field, who sells vegetables, f~uits, g~oceries, dry goods, potatoes or other merchandise or other agricultural products shall pay a license fee of Fifty ($80.00) Dollars per quarter, 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, firm 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 an~ 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. 32. Photographers - Every person, firm, or corporation engaged in the business of photographing or picture making, or any 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 ($28.00) Dollars per year. (b) From those who have no regular, established place of business but make photographs or sell photographs and charge and receive remuneration therefor, the sum of Twenty-five ($28.00) Dollars per quarter. (c) From those who peddle tickets to apply in whole or in part payment of photographs or frames by any person, firm or corporation who has not a fixed and permanent place of business in the City of Bakersfield, or for anything in any way connected with the business of photography, the sum of Fifty ($S0.00) Dollars per quarter or any fractional part thereof. 33. P~ivate Detective - Every person engaged in the Profession of detective in the City of Bakersfield shall pay a license fee of Ten ($10.00) Dollars per year, payable in advance. 34.~Private Patrol - For every person, firm, co-partner- ship, association, or corporation engaged in the business of con- ducting a Private Patrol System the license fee shall be Five ($S.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 and has paid a license to operate a private patrol system, a license fee of Two Dollars and Fifty Cents ($2.50) per quarter shall be paid. Provided, however, that for the above mentioned Private Patrol System and Private Patrol Watchman no license shall be issued by the License Collector until a permit is granted by the City Manager. 34. Real Estate - Every person, firm or corporation engaged in the business of buying, selling or renting real estate and receiving commissions thereon and therefor, or con- ducting, maintaining, or carrying on the profession of engaging in 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 Fifteen ($18.00) Dollars per year in advance; provided, however, that no such person, firm or corporation who is duly licensed in any other city of the State of California shall be required to pay the license provided for in this section until the license of such other city expires or unless such person, firm or corporation maintains an office in the City of Bakersfield. 35. Rent Cars, Automobiles for Hire, Stages - (a) For every person, firm or corporation conducting, managing or carrying on the business of running, driving or operat- ing any automobile or motor-propelled vehicle for the transporta- tion of passengers for hire, when driven by the owner or a repres- entative of the owner at rates per mile, per trip, per hour, per day, per week or per month, and such vehicle is routed under the direction of such passenger or passengers, or of such persons hiring the same, and when such vehicle 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. (b) For every person, firm or corporation conducting, managing 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 ($18.00) Dollars per year. (c) For every person, firm or corporation conducting, managing or carrying on the business of running, driving or operating any auto- mobile or motor-propelled vehicle for the transportation of passengers for hire when driven by the owner oF representative of the owner at rates per mile, per trip, per hour, per day, per week, or per month, and such vehicle is routed under the direction of such passenger or passengers, or of such persons hiring the same and when such vehicle stands in or upon any public street, alley or other public place while awaiting em- ployment, for each such vehicle the sum of ($40.00) Dollars per year. (d) For every person, firm or corporation conducting, manag- ing or carrying on a stage line or stage for the transportation of passengers for hire, ha~ing a terminal or office in the City of Bakers- field, the sum of Forty ($40.00) Dollars per year. For the above mentioned no license shall be issued by the Lic- ense Collector until a permit is.granted by the City Manager. 36. Schools of CosmetoloEy - Every person, fi~m or corporation engaged in conducting and/or operating a school of cosmetology, as de- fined in Section 18 of "An Act Concerning Cosmetology", approved May 19~V, as amended, shall pay to the License Collector of the City of Bak- ersfield the sum of One Hundred and Twenty-five ($1S8.00) Dollars per quarter. 3V. Second Hand Dealer and/or Second Hand Furniture Dealer - For keeping,'conducting or carrying. on the business of second hand and/or second hand furniture dealer the sum of Twenty-five ($~5.00) Dollars per quarter. For the above mentioned no license s~ll be issued by the Lic- ense Collector until a peEnit is granted from the City Manager. -30- Provided, however, that jewelers keeping and maintaining a regular and established place of business within the City of Bakers- field may purchase old gold in connection with their business under and by virtue of their general business license, subject to all other rules and regulations relating to the purchase of second hand goods. 38. ~hoe Shinin~ - For the business of keeping or conduct- ing a boot-blacking or shoe shining parlor or stand, the sum of One Dollar and Fifty Cents ($1.80) per quarter, payable in advance. 39. Shooting Gallery - From the keeper of a shooting gallery the sum of Twenty ($20.00) Dollars per quarter. 40. Shop, Antique - Every person, fiEn or corporation engaged in conducting and/or keeping an antique shop shall pay a license fee of Five ($8.00) Dollars per quarter. 41. Skatin~ Rinks - For the business of keeping, conducting, managing or maintaining a skating rink, the sum of Twenty-five ($28.00) Dollars per quarter. 42. Solicitors - For taking orders or soliciting for the sale of merchandise for future delivery from a point within the State of California, the sum of Five ($8.00) Dollars per quarter. 43. Stock Brokers - For every person conducting, carrying on or managing a stock or produce exchange, where orders may be placed by telegraph or otherwise, for the purchase or sale of stocks, securities, grain, oil, meat, coffee, cotton, or other commodities, or where a call board is maintained giving or quoting prices of any such article sold, the sum of Forty ($40.00) Dollars per quarter, or One Hundred and Sixty ($160.00) Dollars per year. 44. Theatres, Shows, Games, Amusements, Exhibitions, Etc. (a) For every person, firm or corporation engaged in the business of conducting a ~heatre at an established place of business, wholly within a permanent building, constructed for theatrical pu~- 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 ($20.00) Dollars per month; If for one year or more, at the rate of Thirty ($30.00) Dollars per quarter. (b) For every person, firm or corporation engaged in the business of conducting a threatre, 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 ~s principal or agent, in the open air, in a tent, in a hall or building not constructed exclusively for theatrical purposes, wherein said attractions or entertain- ments 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 m~0r per- formance, payable in advance. Provided, that in the event any of the said attractions or entertainments specified in the above section are sponsored by any charitable organization. or by any fraternal organization for charitable purposes, of the City of Bakersfield, and said entertainment is held in a building owne~ or leased by said organization and commonly used as themeeting place or headquarters, and any portion of the net proceeds 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 ($28.00) 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 entertain- ment 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 Association, 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 owning, maintaining, conducting or presenting a carnival as defined herein, in the City of Bakersfield, the following license shall be charged and collected in advance: One Hundred ($100.00) Dollars per day, and an additional fee or charge of Five ($8.00) 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 con- ducting 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 ~ttractions carriedby traveling carnival organizations shall be deemed to be a sBparate attraction in ~etermining 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 fou~ (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. exceeding 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 shown as a part or at the same time other games, shows, or attractions, as mentioned herein, are shown, 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 said carnival, as defined in this ordinance, or the attractions mentioned herein, are conducted entirely for the benefit of churches, schools or charitable entertain- ments, given by any fraternal organization located within the City of Bakersfield, where such fraternal organization receivea 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 conduct- ing or operating any flying horses, merry-go-rounds, ferris wheels or other riding devices when said flying horses, merry-go-gounds, ferris wheels or other riding devices are not shown with any other show, game, attraction or carnival, as mentioned herein, shall pay a license fee of 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 ($8.00) Dollars per day, as set forth in Sub- division (d). (h) Every person, firm, corporation or association con- ducting, 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 con- ducted 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 ($28.00) Dollars per day for each amusement game, or test of skill, strength, physical endurance or capacity of any kind. Provided, 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 perfoEnance, One Hundred ($100.00) Dollars for each major per- formance including any panorama figures, jugglers, necromancers, magicians, wire or rope dancing, or sleight of hand exhibitions or sideshow, and an exhibition in the day time must be considered one exhibition and exhibitions after dark on the same day con- sidered other exhibitions. (j) All other exhibits, of any nature whatsoever, not specifically referred to in this section, shall pay a license fee of Seventy-Five ($V5.00) Dollars per day, and no license shall be issued by the License Collector until a peEnit to con- duct such exhibit is granted by the City Manager. 45. Unsecured Loans - For the business of loaning money at interest on salaries, wages, incomes or other unsecured loans, the license fee shall be the sum of One Hundred ($100.00) Dollars per quarter. 46. Veterinarian - Every person engaged in the business or profession of Veterinarian in the City of Bakersfield shall pay a license fee of Fifteen ($18.00) Dollars per year in advance. 4V. Wrestling and BoxinE - Any person, fiEn, corporation, club of association conducting wrestling and/or boxing contests within the limits of the City of Bakersfield shall pay to the License Collector of the City of Bakersfield the sum of Fifteen ($18.00) Dollars per quarter. Provided, however, in the event said contests are held in a theatre building, operating as such and paying a license therefor, the license for said contests shall be Five ($8.00) Dollars per quarter in addition to the license paid for maintaining and operating said theatre. LICENSE FEES NOT 0THER~SE 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 public utility, business, trade, calling, occupation, or who sells or offers for sale any commodity, goods, wares or merchandise, either as principal or agent, whether on commission or otherwise, whether for present or future delivery or whether said goods, wares or merchandise are owned by or consigned to said person, firm or corporation, except as otherwise provided for in this ordinance, shall pay a license fee based on the gross amount of monthly receipts and sales within the City of Bakers- field, in accordance with the following schedule: Average Monthly Gross Receipts and Sales. Not exceeding $1,000.00, $3.00 per quarter. More than $1,000 and not exceeding $2,000, $5.00 per quarter. Note than $2,000 and not exceeding 94,000, $8.00 per quarter. More than $4,000 and not exceeding $6,000, $12.00 per quarter. More than $6,000 and not exceeding $10,000, $20.00 per quarter. · -'More than $10,000 and not exceeding $18,000, $28.00 per quarter. More than $15,000 and not exceeding $20,000, $38.00 per quarter. More than ~20,000 and not exceeding $30,000, $45.00 per quarter. More than ~30,000 and not exceeding $50,000, $60.00 per quarter. More than $50,000, $V5.00 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 (½) of the license fee of that class of which said business would come if same were conducted as a retail business, as this section specified; provided, however, that in no case will the license fee be less than ~iv~ ¥' ($8.00) Dollars per quarter. Where said person, firm or corporation conducts both a retail and wholesale 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 22 of this ordinance and upon ~hich said license fee shall be based, segregate the wholesale and retail sales, and said license fee shall thereupon be paid for each such branch. SECTION 19. CLOSING OUT SALE. Before any person, firm or corporation shall conduct any sale advertising or offering to the public the entire stock of goods of such person, firm or corporation, or any particular department of such stock of goods, under the guise of discontinu- ing business, or discontinuing that particular department, such person, firm or corporation must obtain a license for such s ale, which license shall not be granted for a period in excess of sixty (60) days, and said sale shall be completed and ended with- in said sixty days. Provided, however, that should such person, firm or corporation increase their stock of goods or add anything to said stock of goods so offered for sale during the period of said sale, the license granted to conduct said sale shall be im- mediately revoked by the City Council upon satisfactory evidence. The license fee for conducting such a sale shall be Twenty-five ($25.00) Dollars for the sixty (60) day period of such sale, payable when application is made, which license fee shall be in addition to the license ordinarily paid by such person, firm or corporation to engage in business. SECTION 20. LICENSE FEES FOR PROFESSIONS. Every person, firm or corporation engaged in a professim not otherwise provided for in this ordinance and maintaining an office in the City of Bakersfield shall pay a license fee of Fif- teen ($15.00) Dollars per year in advance. SECTION 21. ADDITIONAL PERSONS IN ONE OFFICE. Every person, firm or corporation engaged in a profession shall pay a license fee for each and every office or location; provided, however, that whenever two or more persons are engaged in practicing a profession at one place of business, a license fee of Twenty-Five ($28.00) Dollars per year shall be paid for the first two persons, and Ten ($10.00) Dollars for each additional person at said place of business. SECTION 22. STATEmeNT TO LICENSE COLLECTOR ON GROSS BUSINESS. (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 further license is issued for said business, render to the License Collector at his discretion or demand a statement thereof in writing, sworn to before some officer authorized to administer oaths, that the facts therein set forth are true and show the total gross receipts or sales of said business transacted during the~a~r immediately prior to the making of said statement, or the number of tables used in any game, or the number of chairs used in said business during the year immediately prior to the making of such statement, which statement shall deter- mine the amount due and payable from said business to the City of Bakersfield as a license fee for the ensuing year; said total amount or total yearly license fee due as shown by said statement shall be divided into and paid in four equal quarterly payments, the first payment due and 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 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 amount of said license fee at a higher amount, should there be reason 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, firm or corporation, in addi- tion to the amount shown by such statement if it should be found to be incorrect; and the License Collector shall, and he is hereby authorized to fix the amount of said license at a higher rate when he has reason to believe or evidence that said statement is in- correct. Any person, firm or corporation feeling aggrieved or dissatisfied with such rating by the License Collector, as afore- said, may appear before the Council 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 Coun- cil thereon shall be conclusive and they shall direct the License Collector to issue said license in accordance with such finding. (b) Any new business hereinafter started or commenced or any business which has not been conducted or operated for the period of one year and for which a license is required to be paid and a statement of said business made as set forth in this ordinance, said person, firm or corporation so conducting said business shall, if requested by the License Collector, quarterly during the first year said business is being operated or conducted render to the 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 lic- ense renewal date during the first year such new business is con- ducted. At the end of the first year such statement shall be made and a license fee paid as hereinabove provided for in Subdivision (a) of this section. LICENSE FEE DEBT TO CITY. SECTION The license fee imposed by this ordinance shall be deemed a debt due the City of Bakersfield from and against any person, firm or corporation who engages in, conducts, carries on or main- tains within said City any business, trade, calling, profession or occupation upon which a license is imposed herein, without first having paid such license fee and procured said license accord- ing to the terms and provisions of this ordinance, and said person, firm or corporation shall be liable in a civil action in the name of the City of Bakersfield as plaintiff in any court of competent Jurisdiction, for the recovery of the amount of said license fee, and for the costs of suit. EViD~ICE OF BUSIllnESS. SECTION 24. In any action 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 en- gaged in any business or calling for the transaction of which a license is required, or that such party exhibited a sign indicat- ing such business or calling, shall be conclusive evidence of the liability of such party to pay for a license as required by this ordinance. CONSTITUTIONALITY. SECTION If any section, sub-section, -41- clause, or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the tenmining sections of this ordinance. The Council hereby declares that it would have passed this ordinance, and each section, sub-section, sen- tence, clause and phrase thereof, irrespective of the fact that any one or more other sections, sub-sections, sentences, clauses or phrases be declared unconstitutional. PENALTY. SECTION 26. Any person, firm or corporation violating any of the provisions of this ordinance o~ 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 Hundred ($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 Ordinance No. 391 New Series, and all amendments thereto, and all other 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, at a regular meeting thereof held on the/~ay of ~ 1938, by , , the following vote: City Clerk of the Council of the City of Bakersfield. APPROVE this/~~a of ~ , 1938. of the City of Bakers field.