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Home My WebLink AboutORD NO 618 EMERGENCY ORDINANCE N0. 618 NEW SERIES AN EMERGENCY ORDINANCE REGULATING AND I~POSING MUNI- CIPAL LICENSES; DESCRIBING HOW AND BY WH0~ LICENSES AND Pm_P~ITS SHALL BE OBTAINED; ~La~KING A VIOLATION HEREOF A NISDENEANOR~ AND PRESCRIBING A PENALTY THEREFOR, AND REPEAL. ING ORDINANCE N0. 512 NEW SERIES AND ALL A~EEND~NTS THERETO, ~ND ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, the City Council hereby declares that an emergency exists making it necessary to provide for the daily operation of a municipal department, to-wit: That it is necessary to make certain changes in the ordinance governing the collection of licenses in the City of Bakersfieldby the License Collector, NOW, THEREFORE, BE IT ORDAIED BY THE COUNCIL OF THE CITY 0F-BAKERSFIELD, as follows: SECTION 1. DUTY OF LICENSE COLLECTOR. 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 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. SECTION 2. CITY AUDITOR TO PROVIDE BLANKS. ........ 1 .... The -City Auditor, in. co~nj_unction~_V~.~th the License .Colle_Ctor, 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 facsimile signatures of the'City Auditor and' the License Collector. The City Auditor shall issue to the License Collector blank licenses as needed, t~<ing the receipt of the License Collector for such licenses-. -1- SECTION 3. CITY AUDITOR TO tGEEP LEDGER. The Said City Auditor shall keep i~ his office a ledger in which shall be entered a record of all blank licenses issued, sold and returned unsold. SECTION z~. DISPOSITION OF 'LICENSE FEES. The License Collector shall pay over t0 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. SECTiON'~. EXPIRATION OF LICENSE. Every license issued as provided herein shall become .~- null and void at the expiration of the term for which it is issued. SECTION 6. LICENSE NAY BE REVOED. All licenses granted under the provisions of this ordin- ance or any section hereof, or.any amendmeht 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 anyof 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'anunfit person to be trusted with the privileges granted herein, or that the business for which said license was granted is conducted in ....... sucl~_a-manner~as to be~a-~menac~_tO~the_~f~ty.O£=~h~Ipu~lic' Pro- vided, however, that before revoking any license, as provided herein, the City Nanager shall suspend same, and the privileges granted there- in, 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 license should not be revoked. Upon his failure to so appear, or -2- if after such hearing the Council finds there is good and suffi-. cient cause for revoking same, the said license shall be revoke~, and the finding of the Council thereupon shall be conclusive. If the hearing is 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 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. SECTION 7- UNLAWFUL TO TRANSACT BUSINESS WITHOUT LICENSE. It shall be unlawful for any person, firm or corporation, whether as principal or agent, owner or employee, to commence, en- gage in, transact or carry on, within the City of Bakersfield, any business, trade, calling, 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 pro- curing 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 term stated therein. Sepa- ....... rate-licenses must be obtained for each establishment or place.of' business,-or branch thereof. SECTION'8. ANNUAL,. SENI-ANNUAL,.QUARTERLY, N0~HLY AND DAILY LICENSES. Annual licenses, unless otherwise provided for~ shall be due and payable on the first day of July of each year, except that the first annual license shall be issued for the unexpired portion of the year to July l, computed from the first day of the quarter in which taken out, or from the half-quarter if taken out after the middle of any quarter. Semi-annual licenses, unless otherwise provided for, shall be ~due and payable on the first day of July and the first day of January of each year, except that the first semi-annual license shall be issued for the unexpired portion of the half year, computed from~the first day of the quarter in which taken out, or from the half-quarter if taken out after the middle of any. quarter. Except where otherwise provided licenses shall be issued quarterly, commencing on the first day of January,'April, July and October, respectively,.sach year, and shall be due and payable on said respective dates, 'except when business is con~enced during a pending quarter, in which event the license for said quarter shall be due and payable when said business is con~enced, provided that in the event business is commenced after the l~th day of the second month of a quarter,. the license fee shall be one-half (½) of the quarterly amount, ~less 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. Nonthly 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 ad- ~ va~ce~-~owided, however.,._thlat_ pay~nentl may~be.~ade ~ any num~ ..... of days in advance, when application therefor is-made. Said daily license may be issued at any time and for any number of days. SECTION 9. ENALTY ON OVERDUE LICENSES. Upon 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, quarterl~,~ semi-annually or annually, a -~_ penalty' of twenty-five per Ce~ (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 thereof is enforced;"provided, hSwever, 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 Department 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 immediately succeeding such legal holiday. SECTION lO. LICENSE TO BE POSTED AND/OR DISPLAYED. Except as otherwise specifically provided in this ordin- ance, every person, firm or corporation receivinga license as provided herein shall post the same' conspicuously in his place of business, All p.ersons who have no fixed place of business and all foot pSddlers 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 sight in the driver's compartment of the vehicle ~or 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~ theelicense required by this ordinancS, shall in .addition to the penalties hereinafter imposed have his license revoked aS provided in Section 6 of this ordinance. SECTION ll. EXPIRED AND/OR REVOKED LICENSE. It shall be 'unlawful for any person, firm~ or corpora- tion to post or exhibit, or permit to be posted or eyd~ibited, any 'license which has expired, or which may have been revoked, or to post or e~xhibit any license during any period that such iicense is suspended, as provided in Section 6 of this ordinance. SECTION 12. DUTY AND POWER OF .POLICE OFFICERS. All police officers are hereby appointed inspectors of licenses, and'in addition to their several duties as police officers are hereby empowered, and it shall be their duty, to make arrests for the violation of any of the provisions'of this ordin- ance. It shall be the duty of all police officers to examine'all ,places of business' and persons on their respective beSts.who are required to pay a license, and to see that such licenses are taken out, and all police' officers shall have' and exercise the power to enter, free of charge,\at any time, any place of business for which a license is required by this ordinance~ to demand the exhibition of such, license for the current term by any person engaged or 'employed in the transaction of such business, and if such person 'shall then and there fail to exhibit such license, such person shall be subject to the penalties provided for violation of this ordinance'. .The Chief of Police is hereby directed to carry into effect the provisions of this section. SECTION 1B. RENEWAL OF LICENSE. All persons, firms or corporations to whom licenses have .been issued under the provisionsof this ordinance, and who desire .._~ .........~po~n. th.e e~pi~ati0n 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 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 permit shall be issued, in which case license shall not be delivered until a new permit has been obtained. -6- SECTION 14. REFUND UNUSEDLICENSE. If any. lsection of this ordinance is repealed or lamended, 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. SECTION l~. EX-SOLDIERS, SAILORS ARDNARINES. '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, andspeddle 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 histcertificate 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. SECTION 16. DEFINITIONS. For the purpose of this ordinance the following words, whenever used herein, shall be ~eld to mean and include as the same are defined in this section: 1. Automobile - Is defined to mean and include any vehicle that is propelled by an engine and used on a .public high- way. 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 deal- -7- ing in automobiles; provided this definition sha~l not include the term Second Hand Dealer in Automobiles. S. Automobile. WreckinE Dealers - Is defined to be any person, firm or corporation who carries on, conducts, maintains or~ngages 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. ~. Carnival - Shall be held to mean~and include any group of attractions such as ball games, merry-go-rounds, whips, ferris wheels, or other riding devices, freaks,· dancing showS, negro minstrels, or any other like entertainment or game for which a charge is made for playing or 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 e~ibiting 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; provided that ~any group of riding devices only~ such as merry-go-rounds, ferris wheels, flying horses, whips, kiddy rides, etc., not exceeding five in number, shall not be deemed to be a carnival as herein·defined, when such riding deviceIs'! are. not shown-~iih_any~ot~e~ .-show,-'~a.t-traCti~n,~_~or·..~- game generally associated with carnivals, and the license fee thereon shall be paid as provided in Section 17, Paragraph ~ Subdivision (g). 6. 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- eithera fixed sum, price, fee ~ percentage~ profit or other tompen- -8- sation 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 improve- ment, 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 mat'erials or supplies without fabricating the same 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 intend- ed 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. 7- Dance, Pu_blic - See P~blic Dance. Dealer. 8. Dance Hall, Pq_blic - See Public Dance Hall. 9- Dealer, A_u_tomobile - See Automobile Dealers. '10. Dealer, A__u_t0mobile Wrecking.- See Automobile Wrecking ll. Dealer,. Second H__an__d Automobil_e~s -'See Second Hand Auto- mobile Dealer. 12. Dealer, Whole_sale - See Wholesale .DeaIer. · 13. Dr_rX Cleaninn - Shall be deemed to mean the process of cleaning, dyeing, or renovating clothes, wearing apparel, feathers, or any fabric, textile, or hats, or rugs, by means of immersion and agitat'ion in any cleaning medium and/or solvent not ordinarily used in ~regular steam laundry cleaning. 14. Established Pl'ace 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.a~n 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 plaice where only temporary desk room is resorted to for temporary purposes, as distinguished from a continuous and permanent business in said City. l~. 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, . ~'~r't~i'~i~'~'~"~{~';'~'~"~' '~6~'a~', '~' 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, a. ssign, or issue to another any right, property, ticket, coupon,. certificate, contract or other. token which may under certain conditions entitle the pur- -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 purchasers, -assignees,'or transferees,*lor from subsequent purchasers, assignees, o~II~ransferees 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- ings. further sales, assignments, or transfers of any right, property, · ticket, coupon, certificate, contract, or other token. 16. F!xSd P~ace o__fBusiness - Shall be the same as the definition'given for "'Established Place'of Business" herein. 17. Goods - Shall mean and 'include every commodity or article of trade capable of being bought, sold or exchanged. 18. Hir~ - 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. I__m~__r!~r of ~oqds_~W~sl,.an__~dNerchandise -~Shal~l be deemed to mean every person, firm or corporation that transports into'the limits. of the'City 6f BakerSfield, goods, wares or mer- chandise of any description whatsoever and distribut'es.or furnishes the same to retail or wholesale dealers having an established place of business in the said City of B~ersfield, to become a part of said retail or wholesale stock in trade in said established place of business; or who delivers or furnishes goods, wares or merchandise 'di~rec't to the consumer in s~id~cit~'. .20. Itinerant N~rchant - "Itinerant Nerchant''I 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 busines, hire, lease or occupy any room, building or structure, lot or -ll- 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 therSfor are turned over to and become a part of the receipts and earnings of s~id 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 inlltrade in his regular place of business, whethe~ 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 products of their own farm or dairy. 21. Itinerant Vendor - Shall mean and include all persons, both principalsand agents, who engage in a temporary and transient business in the City of Bakersfield, selling ointments, drugs, or medical c6mpounds, or .'any appliances for the treatment of disease or injuries, or any person selling goods, wares or merchandise, using music, speeches, oratory, gymnastics, entertainments, or any other particular display, show or performance, or doing any act calculated to draw or collect a crowd for the purpose of advertising his goods, wares or merchandise. 22. Ju___~_~Dealer - Is defined~to be any person, firm or corporation who carries on,~conducts~, maintains or engages in the business of buying, selling, or otherwise dealing in or acquiring old'bottles~ scraps, pieces of metal, rags, old rope, or any old article not to be used in its forme~ state or condition. 23- Junk Collector - Is defined .to be any person who goes -12- 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. 25. Nachines, Vendink - See Vending Nachines.I 2~. Nerchandise - Shall be held to mean the same as the- definition given for "Goods" herein. 26. N_e. rchant, Itinerant - See "Itinerant Nerchant" herein. 27. Notor 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 conveyance orcontrivance, or stands on a public street, or occupies~a temporary stand on private property, and offers to or does sell, barter or ex- change any~goods, wares and merchandise, or books (except religious publications, newspapers or periodicals); provided, that persons furnishing 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 furnishes directly and delivers any poultry, eggs, butter, fruit or vegetable, being' the produce of his garden, farm or dairy, to any person in the --Ci~6~Ba-E~rSf~eld~sh~Ii'~n0tI-~be'd~med~to-be ~'p'edd~erwithin 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 o__fBusiness - Shall be held to mean the same as the definition given for "Established Place of Business" herein. -1B- 30- P__aw__nBroker.- Is defined to be any person, firm or cor- portion 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 resell 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. Pro~ession - Shall be held to mean and include voca- tions, depending upon the kno~vledge, 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 h'eld to mean and include any dance to which the public generally may gain admission upon the payment of a fee. 3~. ~blic Dance Hal___!l - 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. 35. ReEular Place o__fB~sines~ - Shall be held to mean and include the same as the definition given for "Established Place of Business" herein. 36. Second Han___~dDealer - Is defined to be any person, ..... f-irm~or*~c~rpo~rati~on~whool-carrie-s on~conducts~*maintains'or engagesI 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. 37. Second Hand F~rni~r__eDealer - 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 unused household furniture or household goods. 38. Second Fan~ Dealer i__nAutomobiles - 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. To__Ewe__la__nd__/o__rLine~ SuDDIX~- Shall be deemed to mean the business of washing, ironing, exchanging, renti~ and/or furnish- in~ towels or other linen for compensation. ~l. Vendor o__f Goods - Shall be defined the same as the definition for "Itinerant Vendor" herein. ~2. Vendin~ Nachines - 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 me~cha~is~corre~o~dS"'t~'t~' va~u~f~t'h~'~o~e~ d~p~si~ed"~he'r~in. ~3. 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. -l~- SECTION 17. A~'rOUNT 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 herein- 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 i~ such businesS, trade, calling, profession or occupation, as hereinafter follows: 1. Amusement Games, includin~.Pi_~nBall an__dNarble Games: Every person, firm, association or corporation conducting and/or maintaining on premises owned or leasedlby him the~games mentioned herein, shall pay the license fee sp~ecified herein, respectively: For each ray-o-lite machine, and all other similar machines withelectricalattachment, and all games operated solely for amuse- ment, not otherwise specific'ally herein provided for, the sum of Three Dollars ($3.00) per quarter for each such machine or game. For each'pin game, marble or ball game, using ten or more balls, the sum of Three Dollars ($3.00) per quarter. For each pin game, marble or ball game, using four to nine balls, inclusive, the sum of Six Dollars ($6.00) per quarter. For each pin game, marble or ball game, using one to three balls, inclusive, the sum of Twenty-five Dollars ($2~.00) per quarter. For each'iron.claw, crane, or similar machine, the sum of Ten Dollars ($10.00) per quarter. It is the intent herein that the license shall stand in the name of the actual operator. The application for license shall be in writing and on such forms as are prescribed by the License Collector. Licenses onemachines already issued shall be transferred, without charge, t0 the actual operator. This license fee shall in no way license or permit the operation of a machine or game which is unlawful under the state law or local ordinances, nor license nor permit the operation of a lawful machine or game in an unlawful manner, nor permit the operation of any machine or game in which the element of chance predominates. This license fee shall be in addition to any other license- fee paid the.City. No license shall be issued for the operation of~any machine which automatically discharges or pays or is capable of discharging .or paying counters, slugs, money, checks, coupons, and/or tickets, whether in a sealed compartment or not. No license issued under this ordinance shall be transferable except as herein provided. If any'such pin game, marble or ball game isoperated without a'license, the person, firm, association or corporation conducting and/or maintaining the same on.premises~owned or leased'shall pay 'a penalty of double~the amount of said license for every quarter' or portion of any quarter during which said machine is operated with~out a license. , If any person, firm,~ association or corporation shall fail to pay the license fee when due,'or the license penalty provided herein, when notified of the same, all licenses issued to him or it for pin games, ball or marble games hereunder, may be revoked by the License Collector. Any such person, firm, association or corporation dissatisfied with the revocation of any license by ......... the such revocation,. appeal to the City Council of the City of Bakers- field for a hearing., and upon said heari.ng the decision of said ~City Council shall be final. " 2. A_RREais~r: Every person engaged in the profession of Appraiser in the City of Bakersfield shall pay a license fee of Fifteen Dollars ($1~.00) 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 appraisSr. 3. Arcades: For every person, firm, or corporation conduct- ing, managing or carrying on an arcade, the~sum of Sixty Dollars ($60.00) per year, payable annually in advance on the first day of January of each year, which license fee may be pro-rated for a frac- tion of a year, but in no event shall the l'icense fee paid be less than the sum of Twenty Dollars ($20.00). For the purpose of this section, an arcade is defined to be one general enclosure in which is conducted th~ businesslof operat- .ing or exhibiting any phonograph, graphophone, talking machine, kinetoscope, biograph, projectoscope, or'any other instrument or machine of like character, and exhi'biting, showing or letting the use of any microscope~ lung-tester, muscle-tester, galvanic battery, weighing machine, or mach~sof like character. 4. Auctioneers: (a) For the business of acting as an Auctioneer,~ the sum Of Fifteen Dollars ($15.00) 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 ($1~.00) per Iday; 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. fidle-~'member~of~s~ch~£~rm~or~_corpo~ion~s~alL act inl~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 Dollars·($1~.O0) 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 issued by any State or Federal Court, or for the bona fide sale'of household goods at the domicile of the ovmer thereof,'provided that the ovmer thereof shall act in the capacity of the Auctioneer.~ ~. Auto Wrecking: 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 Twenty-Five Dollars ($25.00) per.quarter. 6. Rail Bond Brokers: For every person conducting, manag- ing, or carrying on the business of a bail bond broker, 0ne~Hundred Dollars ($100.00) per year, payable annually in advance. 7- Barber Shops: For every person conducting, carrying on or managing a barber shop containing one chair, the sum of Two Dollars and Fifty Cents ($2.~0) per quarter; where the shop contains more than one chair, the sum of Fifty Cents ($.~0) per quarter for each additional chair kept in said shop, whether used continuously Or not. 8. Baths, Public: (a) For the business of keeping, main- taining or furnishing steam, Hamman or Turkish baths not conducted in connection with and as a par.t of any other business paying a license fee~, under the provisions of this. ordinance, or of any other 'o~h~a~ amendatory h~rl~f 'or~s~leme~a~ h~'~to, the ~um '0f Ten Dollars ($10.00) per quarter. (b) ~or 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 provisions of this ordinance, or any other ordinance amendatory hereof or supplemental hereto, the sum of Five Dollars (95.00) per quarter. (c) For the business of conducting a Health Club or GymnaSium for body conditioning, the sum of Ten Dollars ($10.00) per quarter. ~ 9- Beauty ShoDs~-For every person conducting, carrying on or managing a beauty parlor, manicure parlor,. or massage parlor where facial massage, hairdressing, fomentations, electric or magnetic treatments or alcohol rubs are administered, the sum of Two Dollars and Fifty Cents ($2~.50) per quarter for one operator, and the sum of Fifty Cents ($.50) per quarter for each additional operator; provided 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; and provided, further, that when body massages are given an additional license must be obtained for. each masseur, as provided in this ordinance. lO. Billlard, Pool and BowlinN Games: For the business of keeping, conducting, managing or maintaining billlard, pool or baga- telle tables, or bowling alleys, the sum of Three Dollars ($3.00) per quarter for each billlard, pool or bagatelle table, or for each bowling alley· or bed. ll. Cleaners, D__rX~: For every person, firm or corporation conducting or carrying on the business of Dry Cleaning where the plant for~actual work of dry cleaning is maintained outside the city limits of the City of Bakersfield, but doing business within the city limits of said City of Bakersfield, the license fee shall be ......... t ~'~ '~ ~f'' One "Hun~l~'d' D6'~a~: ($i'O'OVO'C~)~ :~ e-~ ~'ye~ ,':'p~yab~' semi -" annually, for each and every delivery vehicle maintained in conduct of said business. ~.12. Co~lectionAEe~c_y_~ For every person or firm. carrying on the business-of 'a Collection Agency, the sum of Twenty-Five Dollars ($2~.00) per year, which fee shall include any two persons, either -20- as partners, members of the firm, Or as manager and assistant.. An additional fee of Five Dollars ($5.00) per year shall be charged for each person in excess of two employed by or affiliated with the firm, who spends a substantial portion of his. time performing work of the firm outside of the office. A "Collection Agency" is defined as an establishment for the collection of accounts, notes, obligations, or debts for others for a compensation or fee;.provided that this section shall not apply to attorneys-at-law. 13. Contractors: For every person, firm or corporation engaged in the business or acting in the capacity of a Contractor, the license fee shall be Forty Dollars ($40~00) 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 Who~has never before made. applicatio'n for a license aS a contractor 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 licenselquarterly, if so desired. Provided, further, that any contractor who has had a license as a contractor 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 the 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 whenever a contractor has become eligible to secure a contractor's license quarterly he must continue to renew his license each quarter, as a lapse of one quarter 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 14. Dances, Public: For maintaining or conductihg 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 Nanager. 15. Drays an__dNotor 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 0f delivery inside the limits 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 ........ ~O00 tO'5999 ~poundS. ..... 7.. $~6.00'per year 6000 to 7999 pounds ......... $20.00 per year 8000 pounds or over ......... $30.00 per year (b) Carrying Capacity of Notor Driven Vehicles -- Und $10 00 p er 2000 pounds ........ . .... er 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..~ .............. $%0.00 per year Provided, where the license fee exceeds Ten Dollars ~($10.00) per annum, said license may be paid in accordance with ~the provisions ofSection 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 Dollars ($10.00) per annum. Provided, no license shall be issued for a te~m 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 corpora- tion. 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. -17. Gaso~.ine and Oil DistribUtor: For every p. erson, firm or corporation delivering gasoline, oil~ and petroleum pro- ducts in the City of Bakersfield, either at wholesale or retail~ the license shall be as follows: (a) If warehouse or storage .tanks are maintained inside the City, the license fee shall be as provided in Section 18 of this ordinance; provided that a sales office only shall not be deemed to be 'an established place of business. (b~.If no warehous~ or ~ora~e tanks~'~r~'~maintained within the City, and the gasoline, oil, or petroleum products are transported into the City, the license fee shall be Twenty- -Five Dollars ($2~.00) per year for each vehicle, payable'semi- annually, but the total fee' shall not exceed One Hundred Dollars ($100.00)' per year. 18. Hospitals, Maternity Homes, ~nitariums, Rest Homes: -23- For' every person, or firm, conducting or managing a hospital, maternity home, sanitarium, rest home or convalescent home, the license fee shall be Twenty-Five Cents ($.25) per ~uarter for every bed or cot maintained for the accommodation of patients, but the license fee shall not be .less than Three Dollars ($3.00) per quarter. In the'case of a maternity home or maternity ward of a hospital, the cribs or beds used for new-born infants shall not be counted in determining the license fee. · 19. Hotels, L__od~Houses, Auto Courts: For the business of keeping or conducting a hotel, lodging house, or auto court, the license fee shall be in accordance to the following schedule: Number o__fRooms L_i_~ense Fe__e 20 to 35 Rooms ............ per quarter 36 to 49 Rooms ............ 12.00 per quarter 50 to 74' Rooms ..... ~ ...... 15.00 per quarter 75 ~to 100'Rooms ............ 20.00 per quarter 100 Rooms. and over ...... · .... 20.00 per quarter, plus Fifteen Cents ($.15) per quarter for each room in ex- cess of~100 rooms. Provided, however, if a dining or lunchroom, Coffee Shop, or Cocktail Lounge is maintained in conjunction therewith, an ad- ditional license fee based on gross receipts ~and sales of said dining or lunchroom, Co'ffee Shop, or 'Cocktail Lounge, shall be paid as provided for in Section 18 of this ordinance. 20. Ice N~nufacturinR: For the business of manufacturing ice in the City ~of Bakersfield and selling or distributing the same, the license fee shall be payable as provided in Section 18 of this ordinance. 2_1. Ice Peddler: (a) For each person other than an ice manufacturer who peddles ice, the license fee shall be Five Dollars ($5.00) per quarter for each vehicle, provided the ice is manu- factured within .the City of Bakersfield. (b) For each vehicle peddling ice which is manufactured outside of said City, the sum.of Twenty-Five Dollars ($25.00) per -24- Year; provided that if more than three such vehicles are owned by the same person or firm, the license fee for each vehicle in.excess of three shall be Twelve Dollars and Fifty Cents ($12.%0) per year. 22.° Ic. JeDe~ot: If maintained by a company manufacturing ice inside the City, the license may be included in total g~oss sales of said.manufacturer and paid as provided'in Section 18 of this ordinance. For every Ice Depot handling ice manufactured outside of said City, the license fee shall be Five Dollars ($~.00) per quarter. .. 23. Ic_~eCream ~aEons an__AdCart~s: For every person, firm or corporation peddling, vending,. selling or offering for sale ice cream or iced confections, either from horse drawn or motor vehicles, or from carts or bicycles.propelled by manual power, the license fee shall be Fiftee~ Dollars ($15.00) for a three-months period dating from the first day of the month in which issued, and Five Dollars ($5.00)-for each'additional monthafter such three'months period, for each vehicle. Provided, further, that no license shall.be issued for such horse drawn or motor-propelled vehicles except upon the approval of the Health Officer. 24. Im~ortin~ Goods, Wares or Nerchandise four Sale: For every person or firm not having a warehouse or place of business in the City of Bakersfield, and who transports merchandise into the City, the license fee shall be as follows: Class ~: For those who sell or deliver merchandise to retail or wholesale dealers having an established place of business in the City, to become a part of their stock in trade, the license fee shall be Fifty Dollars ($~0.00) per year each for the first three.vehicles, and ~i~w~nty~F~Vs Dot~r~S,UOD~t~pe~L'~.Dl .~-..~ year for each ve~icle in excess of three, payable semi-annually. A trailer shall be considered a~ separate vehicle in determining the fee. Class ~: For those who 'sell or make' deliveries to con- sumers (including restaurants) for their own use, the license fee shall be Twenty-Five Dollars ($25.00) per year each for"the first three vehicles, and Twelve Dollars and Fifty Cents ($12.~O~ per year for each vehiclein excess of three, payable semi-annually. A trailer shall be considered a separate vehicle in determining the fee. This class specifically includes persons or firms delivering poultry in the City, groceries from outside stores, furniture, house-hold.appliances, lumber, building materials (other than ~ock, sand, dir~ and concrete) and all other kinds of merchandise brought in from Outside the City of Bakersfield. Provided, every person, firm or corporation importing goods, wares or merchandise into the limits of said City of Bakersfield, by meansof steam and/or electric trains, ar motor freight, and takingldelivery from said steam and/or electric , train or motor freight, 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 compensa- tion 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, or by motor freight, will be con- sidered as importing said goods into the City of Bakersfield. In ~that event the person, firm or corporation having any interest in"said 'go~ds~ W~es' or'mercha~dis~ ~an~'~6r~e~'b~ ~im~ither as principal and/or agent, will not be classified as keeping, owning, operating or running said-vehicle for the transportSion of freight or other material for.hire. The provisions of this section shall not apply to any person selling fruits, vegetables, poultry, eggs or butter raised or produced by himself, orlfor the selling of foodstuff cookedor prepared by such person or some member of his family, or for any person peddling minor articles manufactured by him- self or some member of his family, when the r.eceipts from such peddling do not exceed one hundred dollars ($100.00) per month. 2~. Itinerant Nerchant: Every person, whether principal or agent, who is an itinerant merchant as defined in this ordinance shall pay a license fee of Fifteen Dollars ($15.00) per day. 26. I~i_nerant Vendors: Corn doctors or chiropodists practicing their business or occupation other than at a fixed place of business, it·inerant 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 soliciti~ from house to house, or any person, firm or corpora- tion selling any real ·property or personal property, of any kind or description, or vendor of goods, wares or merchandise, using music, sPeeches,·oratorF, 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 calculated to draw or collect a crowd for the purpose of advertising or selling his goods, wares or merchandise, shall pay a license fee of Twenty-Five Dollars ($2~.00) per day. 27. Ju~ Dealer: For conducting, carrying on or main- taining the business of junk collector or junk dealer, the sum of ~Twenty-Five Dollars ($2~.00) per quarter, which feeshall include one'vehib!e'used in~e~b~es~i"~d~fo~-~ach~d~i~o~a~ Vehicle used for collecting junk, a fee of Ten Dollars ($10.00) per quarter. Provided-that if a regular place· of business is maintained in the City, and the average sales or receipts exceed $11,000 per month, then the license fee shall be paid in accordance with the schedul'e contained in Section 18 of this ordinance. -27- 28. ~and Laundry: ~(a) For operating or maintaining a hand. laundry and using in connection therewith any wagon or other vehicle, a license fee of Five Dollars ($~.O0)-p.er quarter for each such wagon or vehicle. (b) For operating or maintaining a hand laundry where no wagon or vehicle is used in connection therewith, the license fee shall be Three Dollars ($3.00) per quarter. 29. Laundry, Steam, and/or Linen Su~ly: For every person, firm or corpor~ation conducting or-carrying on the business of Steam Laundry, Towel and/or Linen Supply, where the plant for actual work of laundering 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 One Hundred Dollars ($100.00) per year for each and every delivery vehicle maintained in conduct of said businessI~, payable semi- annually. 30. Loans, Nort~a~es_~ o_!t~e__r tha____~n Paw_.__~n Brokers: Every person, firm~or corporation who, at a r~gular 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 forfeit~ure 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 Dollars ($2~.00) per year; provided that if any person, firm or corporation also conducts the business of "UnsecurSd. Loans"-~as~de~ined~in~aragrap~-~-~of--this section, and pays a license as such, no additional fee shall be charged. Nothing in this section shall be deemed to apply.to any person, firm or corporation making real estate loans, or to other persons, firms or corporations exempt by State Law. -28- 31- Masseur: For every person conducting the business or engaging in the occupation of Masseur in the City of Bakers- field, the license fee shall be Fifteen Dollars ($1~.00) per year., payable in advance; provided that any person conducting the business of public bathsor gymnasium and paying a license therefor shall not be required to pay an additional license for Masscur. 32. Milk Wagons, Dairies a__n~ Creameries: (a) Every person, firm or corporation delivering milk, buttermilk and/or cream from wagons or other vehicles, shall pay a license fee of Three Dollars ($3.00) per quarter for each vehicle; provided, however, that if such person's gross sales, as set forth in a sworn statement, are under $100.00 per month, no license fee shall be required. (b) If such wagons or vehicles are operated by a creamery or dairy having an established. place of business inside the City Limits ofthe'City of Bakersfield, then such sales shall be included in gross sales, and the license paid as provided in Section 18 of this ordinance. (c) Dairies and creameries not having an established place of business within~the City, and selling dairy products at whole- sale to dealers and markets, shall pay Fifty' vehicle, as provided in Paragraph ~ of this section~ Class 1. 33. Miniature ~01f Course: For each miniature golf course, practiC~__~ri~ing course, or putting_green,_th~ licenselfee shall 'Se Five' 'Dollar~~~ ($5.00)' p~ qu~t~r'~ ...... , 34. Music Boxes (machine'o__r device foE DlayinE music): For every person, firm, or corporation operating or maintaining tables, machines, or devices for playing or rendering music upon the deposit of a coin, a licensefee of Two Dollars and Fifty Cents ($2.%0) per quarter shall be paid. for each such machine, table or device.' For every coin intake.slot, wherever located, in connec- tion with the main machine, Fifty Cents ($I.~0) per quarter. All remote control machines operated from a central~station shall pay Two Dollars and Fifty Cents ($2.~0) per quarter for each machine-. 3%.Palmisti Fort____un__~eTeller, Clairvoyant, Etc,: For every person who carries on, practices or 'professes to practice the business or artof'astrology, palmistry, phrenology, fortune telling, life reading, cartomancy, clairvoyance, Clairaudience, crystal gazing, hypnotism, mediumship, prophecy, augury, divination, magic, or necromancy, and demands or receives a fee for the.exercise or ex- hibition of his art therein, directly or indirectly, either as a gift, donation, or otherwise, or gives an exhibition thereof at any place where admission is charged, the license* fee shall be One Hundred Dollars ($100.00)per day, or Two Hundred and Fifty Dollars ($2~0.00) per quarter or any fractional part thereof. This shall not apply to performers or'entertainerswhen given as a part of an established vaudeville show or theatre along with other entertain- ments. No such license shall be issued until a permit therefor is granted by the City Nanager.· 36. PawnBroker: For keeping, conducting or carrying on the business of pavm broker, the sum of Fifty Dollars ($~0.00) per quarter. For the above mentioned no license shall be issued by the L±cense'O~tlector-until*~a~permit~is~grant~d~by-'t~ie-City-.-~anager. '- 37..Peddlers, Foodstuff: For the peddling or delivering over fixed routes of any foodstuff, such as bakery goodS, delicat- essen goods, tamales, pies, bread, buttermilk,.candy, popcorn, bottled soft drinks (but not including ice cream or ice confections, or milk deliveries), the license fee shall be as fbllows: '3o- (a) If cooked or prepared inside the City, Five Dollars ($5.00) per quarter for each horsedrawn or motor vehicle, or Three Dollars ($3.00) per quarter if peddled on foot or with push- cart, bicycle, or other manually propelled vehicle. This license fee shall be in addition to any license paid for an established place of business, such as a bakery or delicatessen store. (b) For foodstuffs brought in from outside the City, Ten DOllars ($10.00) per quarter for each horsedrawn or motor propelled vehiclei or Five Dollars'($5.00) per quarter if peddled on foot or with pushcart, bicycle, or other manually propelled vehicle. (c) No license fee shall be required for any person to peddle foodstuffs ~cooked or prepared by himself or some member of his family,~ when the·receiptsfrom such peddling'do not exceed One Hundred Dollars ($100.00) per month. (d) All classes of peddling above mentioned shall be sub- ject to the approval of the City Sanitarian. 38. Peddlers~ Miscellaneous: (a) For every person peddling fruits or vegetables, the license fee shall be Five Dollars ($5.00) per quarter. (b) Every person, firm or corporation not having a fixed and regular place of business within the City of Bakersfield., who sells vege~ables~ fruits, groceries, dry goods, potatoes, or other merchandise or'other agricultural products,'shall pay alicense fee of-Fifty Dollars ($~0.00) per quarter, and in no case will a license be issued for less than one.quarter. -'~(b)-No ~icense~!fe~'~hai~l be-~re~quired--for~riy- Derson'to peddle fruits, vegetableS, poultry, eggs or butter raised or pro- duced by himself or some member of the family, when the receipts from such peddling do not exceed One Hundred Dollars ($100.00) per month. (d)'All other kinds of peddling not otherwise provided for shall pay a license fee of Ten Dollars ($10.00) per day, whether such.peddling is done by foot~ from a vehicle, or from a temporary stand. 39. PhotO~raDhers: Every person, firm, or corporation ~engaged in the business of photographing orbpicture making, or ~ny business connected therewith, shall pay a license fee as follows: (a) For those who have a regular and permanent place of business where photographs are madS, the sum of Six Dollars and Twenty-five Cents ($6.2~) per quarter. (b) For those who have no regular, established place· of "~business, but make photographs or sell photographs and charge and receive remuneration therefor, the sum of Twenty-five Dollars ($25.00) per quarter, or fractional part thereof. (c) For. those who peddle tickets to apply in whole or in part payment of photographs or frames by any person, firm or corpora- tion who has not a fixed and permanent place of business in the City of Bakersfield, o5 for anything in any way connected with the busi- ness of photography, the sum of Fifty Dollars ($50.00) per quarter, or any fractional part thereof. (d) For those who take pictures on sidewalks or public ~treets, or in public buildings, of persons passing by, and give out tickets or coupons to call for the photograph, the su~a of Fifty Dollars ($50.00) per quarter for each person. (e) For each automatic coin operated photograph machine, the sum of Five Dollars ($5.00) per quarter; provided this shall not-~appty~t~--machines-~loc~t~'d~-i~an-amusement-a~ca'd~ where--a regular arcade license is paid. 40. Private Detective: Every person engaged in the _p.~ofession of detective in the City of Bakersfield shall pay a license fee of Fifteen Dollars ($1~.00) per year, payable in advance. 41. Private Patrol: For every person, firm, co-partner- ship, association, or corporation engaged in the business of conducting a Private Patrol System the license fee shall be Five Dollars ($5.00) per quarter. For every-person employed as a ~Tivate. 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.~0) per quarter shall be paid. Provided, Rowever, 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. 42. Professions: Every person engaged in one or more the following professions, in the City of Bakersfield, shall pay a license fee of Fifteen DOllars ($15.00) per year in advance: Architect Attorney-at-Law Auditor or Accountant Assayer Bacteriologist Chemist or Chemical Laboratory Chiropodist Chiropractor Civil Engineer Dental Laboratory Dentist Electrical Engineer Geologist Hydraulic or Mining Engineer Insurance Adjustor Mechanical Engineer Medical Laboratory Oculist Optometrist Osteopath Physician Structural Engineer Surgeon Surveyor Veterinarian Provided that where two or more persons are engaged in a profession at one place of business, the license fee shall be Fifteen Dollars ($1~.00) per yearf~he first person,'and Ten Dollars ($10.00) per year for each additional person actually engaged in the profession, whether an employee, member of.lthe firm, or'a person practicing independently. I~i~ · $3. R~a~ Estate: (a) For every person who engages in the business (whether full or part time) of a real estate broker,1 in the City of Bakersfield, as defined by thelaws of the State of CalifOrnia., the license fee shall be the sumof Fifteen Dollars ($1~.00) per year; provided that where a partnership is engaged in such business, the co'partnership shall pay the sum of Fifteen Dollars ($1~.00)per year, and each member of such co-partnership shall pay a separate fee of Three Dollars ($3.00) per year; and if a corporation is engaged in said business, then the sum of Fifteen Dollars per year, and the sum of ThreS Dollars. ($3.00) per year'for each officer or agent of Said corporation who acts as a real estate broker. .~b) For every person engaged in the business of a real estate salesman for a licensed broker, the sum of Three Dollars ($3.00) per year... 44. Rent Cars, Automobiles for Hire~ StaKes: (~)~For every person, firm or corporation conducting, managing or carrying on the business 0f running, driving or operating any automobile 6r motOr-propelled vehicle for the transportation of passengers for hire, when driven by the ovmer or a representative of the ownen~a-trates per mile,.per~r~p,~_~pe~.hou~,~per~d~y' perlweek 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 vehicie 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 ($1~.00) 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 Dollars ($15.00) per year. (c) 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 ofpassengers for hire when driven by the owner or 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 await- ing employment, for each such vehicle the sum of Ten Dollars ($10.00) per quarter. (d). For every person, firm or corporation conducting, managing or carrying on a stage line or stage for the transporta- tion of passengers for hire, having a terminal or office in the City of Bakersfield, the sum of Ten Dollars ($10.00) per quarter. For the above mentioned no license shall be issued by the License Collec~6r"~n~l a permit i~ granted by~'theICitY Nanager. 4~. Rock, Sand, Gravel, ~irt, Nixed Concrete:(~If place of business is maintained in the City~ then the license fee shall be payable as provided in Section 18 of this ordinance, on actual ~ales or receipts from deliveries inside the City. (b) If no place of business is maintained within the City Limits of the City of Bakersfield, the license fee shall be Twenty-Five Dollars ($25.00) per year, payable semi-annually, for each vehicle delivering in the City, but the total license fee shall not exceed One Hundred Dollars ($~00.00)per year. (c) No additional license shall be required for engaging in the business o~ paving, excavating, or grading contractor. 46' Schools O.f Cosmetolo~y: Every person, firm or corporation engaged in conducting and/or operating a school of cosmetology,'as defined in Section 18 of "ArtAct Concerning Cosmetology", ap~roved Nay 31, 1927, as amended, shall pay to the License Collector of the City of Bakersfield the sum of Sixty Dollars ($60.00) per quarter. 47. School, DancinE: For every person conducting a dancing school~ dancing academy, or studio where dancing is taught, and where no charge is made for admission or seats, the license fee shall be payable as provided in Section 18 of this ordinance. 48. Schools, Secretarial an~ Trade: For every person or firm conducting a secretarial school, business college, or trade school (other than Beauty Colleges) where instruction is given in any trade, profession or occupation, and a fee is charged for such instruction, the license fee shall be Twenty Dollars ($20~00) per year, payable semi-annually. 49- Se~OD~ Han_~dDealer and~/o__rSecond Hand Furniture Dea~e~: For keeping, conducting, or carrying on the business of second hand dealer an~/~r ~e~6ndlhand~furnitur~ deal~e~,~the sum of Twenty-five Dollars (~2~.00) per quarter. For the above mentioned no license shall be issued by the License Collector until'a permit is granted from the City Manager. Provided, however, that jewelers keeping and maintaining a regular and established place of business within the City of Bakersfield may purchase old gold in connection with their busi- ness under and by virtue of their general business license, sub- ~j.ect to all other'rules'and regulations relating to the purchase of second hand goods. ~0. Shod'Shining: For the business of keeping or con- duCting a.boot-blacking or shoe shining parlor or stand.,' the sum of One DolIar and Fifty Cents ($1.%O)' per quarter, payable 'in advance. 51. Shootinn Gallerl: For the business of keeping or conducting a shooting gallery, the sum of Twenty Dollars ($20.00) per quarter. 52. Skatin~ Binks: For the business of keeping, con- ducting, managing or maintaining a skating rink, the sum of Twenty- five Dollars'($25.00) per quarter; provided that an additional fee of Ten Dollars ($10.00) per quarter shall be charged if skating exhibitions, hockey games, or athletic 'contests are held in such skating rink and an admission fee charged. therefor. 53. SOQrtinE Events, Athletic Contests__tEtc.: For each enclosed field, track or stadium where baseball, soft ball, professional football, horse racing, auto racing, or any other sporting event or athletic contest not otherwise provided for herein'is. held, and where an admission fee is charged for spectators, the license fee. shall be Fifteen Dollars ($15.00) for th~ first three months.0~ fFact~Snal part thereof, and Five Dollars ($5.00) for each additional month. The license shall date from the first day of the month in which it is taken out. Nothing in this paragraph shall be deemed to apply to any activity or con~est held under the auspices of a public School or under the auspices of'the City Recreation Commission. ~4. Stock B~okers: 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 qUot- -ing prices of any such article sold, the sum of Ten Dollars ($10.00) per quarter. ~. Theaters, Shows, Games, Amusements, Exhibitions, ~(a) For.every person, firm, or corporation conducting, managing, or carrying on a theater containing a permanent stage upon which movable scenery and theatrical appliances are used, where regular~theat'rical or vaudeville performances are given~ and to*which an admission fee i~ charged, collected, or received,~lor conducting, managing, or carrying on a moving picture theater where moving or motion pictures are exhibited and an admission fee is charged, collected, or received, the quarterly license fee shall be Twenty- six Dollars .($26.00)' for three hundred (300) seats or less, and Two Dollars ($2.00) per quarter additional for each one hundred (lO0) seats~, or fraction thereof, over and abo~e~300 seats. S n If for le s tha one month, the license fee shall be Ten Dollars ($10.00) per day. (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~o~dinance, either_as~principal.or.~agent,. in~he_ 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 e~ibited as an independent business or entertainment, and not as a part of any other business, the license fee.shall be One Hundred Dollars ($100.00) for each day, 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, and said entertainment is held in a building owned or leased by said organization andscommonly used as the Meeting place or headquarters, and any portion of the net proceeds are derived by any person, firm, association or corpora- tion other than the sponsoring fraternal or charitable organiza- tion, t~e licenselfee shall be fivespercent (~%) of the net pro- ceeds derived by said person, firm, association or corporation. Provided, further, that in no event shall the license fee be less than Twenty-five Dollars ($25.00) 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 attraction or entertainments are given wholly for the benefit of churches, schools, the Community Theater, 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 Association, provided a permit is first obtained from the City Nanager. Provided, further, that before a permit is issued for said entertainment or attraction by the City Nanager, a certified copy of all contracts pertaining to said attractions shall be filed*~ith the 'City~N~nager~"showing- in-detail tH~Idivi~sionor 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 Dollars (~i00.00) per day, and an additional Five Dollars ($5.00) per day for each and every separate shoW, attraction, exhibition, or riding .device in excess of twenty (20). 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 carnivalorganizations, whether under one management or several managements, shall be deemed to be a separate attrac- tion~in determining the license fee.. (e) Amusement games, games of skill, tests of skill, tests of strength,' and all other concessions of any kind, traveling with a carnival, where a fee is charged to participate, shall not be counted in the number of attractions as set forth above, butshall be separately licensed at the rate of One Dollar ($1.00) per day for each such game, in addition to the regular carnival license mentioned in subdivision (d);~ provided that nothing in this. paragraph shall be construed to license or 'authorize the conduct of any gambling, or any game or device prohibited by the laws of the State of California, or ordinances No.license shall be required for any hot dog stand~ lunch stand, refreshment stand~ or for the sale of drinks, pop- corn~ candy, cigarettes, gum, or other food products on the carnival grounds. (f) The license fee, as herein provided, shall' not be charged or collected in the event said carnival, as defined in -40- 'this ordinance, or the attractions mentioned herein, are conducted entire- ly for theebenefit of churches, schools or charitable entertainments, given by any fraternal organization'located within the City of Bakersfield, where such fraternal organization receives all the moneys or benefits derived from such 'carnival or attractions, where such carnival is conducted entirely within a building and is not conducted in a tent. In this case a special permit shall be obtained from the City Nanager. ~' (g) Any person, firm, corporation or association conducting or operating any flying horses, merry-go-rounds, ferris wheels, kiddy rides, or other riding devices, when said flying horses, merry-go-rounds, ferris wheels, kiddy rides, or other riding devices are not shown withany other show,. game, attraction. or carnival, as mentioned herein, shall pay a lic- ense fee of Ten Dollars ($10.00) per day for each such riding device. (h) Every person, firm, corporation or association conducting, operating or managing an amusement game, or test of skill, strength, physical endurance or capacity of any kind whatsoever, and for participa- tion in which a fee is charged, or which is conducted for profit, shall pay a license fee of Ten Dollars ($10.00) per month, or fractional part thereof~ provided, whenever any such amusement game, test of skill, strength, 'physical endurance or capacity of any kind whatsoever'is con- ducted at the same time but not as apart of a carnival, as~ defined herein, the license fee for each such amusement game, test. of skill, strength, physical endurance or capacity of any kind whatsoever, shall be Twenty- five Dollars ($25.00) per day if conducted within one thousand (lO00) feet of the carnival site. - -(i) For-eac~IIexhibition ~or pay of a~cara~an or menagerie, or any collection of animals, circus, or any other acrobatic performance, One Hundred Dollars ($100.00) per day, including any panorama figures, jugglers, necromancers, magicians, wire or rope dancing, or sleight of hand e~ibitions or sideshow. (J) All other exhibits, of any nature whatsoever, not specific- ally referred to in this section, shall pay a license fee of Seventy-Five Dollars ($75.00) per day,-and no license shall be issued by the License Collector until a permit to conduct such exhibit is granted by the City Manager. -41- 56. T~t~es_~Abstract of: For every person conducting the busi- ness of examining, searching or investigating titles to real estate and issuing abstracts, statements or certificates of title, showing or pur- porting to show or certify the condition or state of title to any particu- lar property or properties, as disclosed by examination of the public records, but which abstract, certificate or statement does not insure or purport to insure the title to any real property, or any interest therein, the license fee shall be Fifteen Dollars ($15.00) per quarter, payable in advance. 57- Unsecured Loans': For the business of loaning money at interest on salaries, wages, incomes or other unsecured loans, the lic- ense fee shall be the sum of One Hundred Dollars ($100.00) per quarterr provided that if the person or firm also engages in the business of mak- ing secured loans Or chattel mortgages, as specified in Paragraph 30~ the fee of One Hundred Dollars ($100.00) per quarter shall include all types of loans. 58. Ven~inKM__achine~: (a) For every person, firm or corporation operating any machine or machines vending any goods, wares, or merchandise for the sum of One Cent ($.01)., a license fee shall be charged in accord- ance with the following schedule: ~1¢ Vendin~ Nachines. i to not more than 25machines ........... $ 6.00 per year Not less than 26 to.not more than 50 machines ....... ,... $ 8.00 per year Not less than 51 to not more than 75 machines ........... $12.00.per year Not less than 76 to not more than 100 machines ....... '... $16.00 per year For more than lO0 machines, $16.00 for the first 100 machines, plus $.10 per year for each machine over lO0 machines. (b) For every person, firm, or corporation operating any machine or machi~'S'*~endi~g"any god~wg~'; '0r'~dhandi~f~r t~e sum of Fi~e cents ($.05), a license fee shall be charged in-..accordance with the following schedule: ~¢ (.or more) Ve~dinE Machines. 1 to not more than 10 machines ........... $10.00 per year Not less than 11 to not more than 25 machines ........... $20.00 per year Not less than 26 to not more than ~0 machines ........... $25.00 per year Not less than 51'to not more than 75 machines ........... $37.50 per year Not less than 76 to not more than lO0 machines .......... $50.00 per year For more than lO0 machines, $50.00 for the first lO0 machines, plus $.50 per' year for each machine over lO0 machines. All the above licenses shall be payable annually in advance', on January 1st of each year. All operators of vending machines covered by thiS.ordini ance shall file with the License Collector an affidavit showing~ the location of each and every machine for which a license is required herein. All operators of vending machines covered by this ordin- ance shall affix to each such rending machine a sticker or seal to be furnished by the License Collector, said sticker or seal to be placed on each such machine in a conspicuous place.-Any person, firm or corporation operating a vending machine in viola- . tion of this section shall pay a penalty of'Five Dollars in addition to the regular license fee for said machine, for each quarter or portion of a quarter during which said machine is operated without a license. If any such operator shall fail to pay the licens~ fee when due, or the license penalty provided herein when notified of the same, all licenses issued to said operator for vending machines may be revoked by the License Collector. Any such operator of a Vending machine who shall be dis- satisfied with the revocation of any license by the License Collector may appeal to the City Council of the City of Bakers-' field, within a period of ten (lO) days from such revocation, for a hearing, and upon said hearing the decision of the City Council shall be final. ~--~- ~--~ ~9 .... ~ater. ComDanY:___FOr_t~ busineS~ Qf_s~ppl~ing _the_ City of Bakersfield and the inhabitants thereof with water, the sum of Five Hundred Dollars ($500.00) per quarter. 60. ~eig~in_DENachines: For every person, firm-or corpora- tion operating any One Cent ($.01) weighing machine, a license fee of One Dollar ($1.00) per year shall be charged for each such machine ~t such person, firm or corporation operates or main- tains, payable 'annually in advanc~January lst~of each year. All operators of weighing machines covered by this ordinance'shall file with the License Collector an-affidavit show- ing. the locationof each and every machine for which a license is required herein. All operators of weighing machines covered by this ordin- ance shall affix to each such weighing machine a sticker or seal to be furnished by the License Collector, said sticker or seal to be placed on each.such machine in a conspicuous place. Any person, firm or corporation operating a weighing machine in vio- lation of this section shall pay a penalty of five dollars ($~.00), in addition to the regular license fee for said machine, for each quarter or portion of a quarter during which said machine is operated without a license. If any such operator shall fail to pay the license fee when due, or the license penalty provided herein, when notified oflthe same, all licenses issued 'to said operator for weighing machines may be revoked by the License Collector. Any such operator of a weighing machine who shall be dissatisfied with the revocation of any license by the License Collector may appeal to the City Council' of the City of Bakers- field, within a period of ten (lO) days from such revocation, for a hearing, and upon said hearing the decision of the City Council shall be final. ~ I*~l. WrestlinK '~ndl~oxinE: Any person~firm, ~co~poration, club or association conducting wrestling and/or boxing contests within the limits of the City of Bakersfield, shall payto the License Collector of the City of Bakersfield .the sum of Fifteen Dollars ($1~.00) 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 bel~Five Dollars ($5.00) per quarter in addition to the license paidYfor maintaining and operating said theatre. SECTION 18. LICENSE FEES NOT OTHERWISE PROVIDED FOR HEREIN. 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, occu- pation, 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 a~n~ sales. Quarterl~ License Fes Not exceedin~l per month':;..., ............ O0 Over $500 and not exceeding ,000 per month Over $1,000 and not exceeding $2,000 per mont .......... Over $2,000' and not exceeding 53,000 per month.' ............ Over $3,000'and not exceeding $4,000 per month ............. Over $4,000 and not exceeding $5,000 per month. ........... . Over $5,000 and not exceeding $6,000 per month ............. Over $6,000 and not exceeding i~,O00 per month ....... , ..... Over $7,000 and not exceeding ,000 per month ........ ,.... Over $8,000 and not exceeding $9,000 per month .......... Over $9,000 and not exceeding $10,000 per mont~22.I ......... 0ver~$10,OOO'and not exceeding $11,O00 per month .... .. ..... Over $11,O00 and notexceeding $12,000 per month ........... Over $12,000 and not exceeding~$13,000 per month ........... Over $13=,000 and noI-exceeding $14,000 per month.~...~.._..,.' Over $14,000 and ndt' exceeding $1~',boo pe~ mbhth ........... Over $15,000 and not exceeding ~16,000 per month ........... Over $16,000 and not exceeding $1~,000 per month ........... OVer $1~000 and not exceeding $1,000 per month ........... Over $1,000 and not exceeding $19,000 per month ........... Over $19,000 and not exceeding $20,000 per month. .......... Over $20~000 and not exceeding $21,000 per month ........... ~6ver $21,000 and not exceeding $22,000 per month .......... . Over $22,'000 and not exceeding $23,000 per month ....... Over ~23,000 and not exceeding $24,000 per month ........... 'Over $24,000 and not exceeding"$2~,O00 per month', ........... Over $2~,000 and not exceeding $26,000 per month ........... Over $26,000 and not exceeding $27,000 per month ........... Over $27,000 and not exceeding ~28,000 per month ........... Over $28,000 and not exceedin~ ~29 ,000 per month.° . ......... Over $29,000 and not exceeding $30,000 per month ........... 6.00 8.00 10.O0 12.00 14.00 16.00 18.oo 20. O0 22. O0 24. O0 s6.o0 28.00 3o.oo 32.00 34.00 36.00 38.00 40. O0 42. O0 44.00 46.00 48.00 50.00 52.00 54. oo 56.00 58.00 6o.oo 62.00 (Schedule - Average Nont.hly Gross Receipts and Sales, Continued) Quarterly License Fee Over $30,000 and not exceeding ~31,000 per month .............. $63.50 Over ~31,000 and not exceeding ~32,000 per.month. ............. $65..00 Over ~32,000 and.not exceeding. ~33,000 per month .............. $66.50 Over ~33,000 and not exceeding 534,000 per month .............. $68.00 Over ~34,000 and not exceeding ~35~000 per month ............ .. $69.50 Over ~35,000 and not exceeding ]36,000 per month .............. $71.00 Over ~36,000 and not'exceeding ~E,O00 per month. ............. $72-50 Over ~E,O00 and not exceeding ,000 per month.. ............ $74.'00 Over ,000 and not exceeding $39,000 per month .............. Over $39~000 and not exceeding $40,000 per month .............. $77.00 Over $40~000 and not exceeding $41,000 per month .............. Over $41,000 and not exceeding $42,000 per month ....... ' ....... 0 O0 Over $42,000 and not exceeding $43,000 per month .............. Over $43,000 and not exceeding $44,000 per month .............. $83.00 Over $44,000 and not exceeding $4%,000 per month ......... ~.'... $84.50 Over $45,000 and not exceeding $46,000 per month ........... ... ~.00 Over $46,000 and not exceeding $4~,000 per month ....... . ....... Over $4E,000 and not exceeding $4,000 per month..~.~... ..... ,. $89.00 Over $4,000 and not exceeding $49,000 per month .............. $90.50 Over $49,000 and not exceeding $50,000 per month ............. '. $92.00 Over $50,000 per month ..... - ................................... $92.00, $1.00 for each additional $1,000 or fractional part thereof~ in excess of $50,000. (a) Retail: For every person, fi'rm or corporation conducting a..business exclusively at retail the license fee shall be in accordance plus with'the rates shown in the above schedule. (b) Wholesale: For every person, firm or corporation conduct- ing a business exclusively .at wholesale, the license fee shall be one- half (½) of the rates Shown in the above schedule; provided, however, that in no case shall the license fee be less than Three Dollars ($3.00) per quarter. (c) Wholesale an__dRetail: For every person, firm or corpora- tion conducting both a wholesale and a retail business on the same premises, the sales or receipts from each class of business shall be .... reported separatelya~d the. license fee for each .~h_clasS..shall be p~id as provided in paragraphs (a) and (b) above. SECTION 19. LICENSE FEES FOR PROFESSIONS. Every person engaged in a profession not otherwise provided for in this ordinance and maintaining an o'ffice in the City of Bakersfield shall pay a license fee of Fifteen Dollars ($1~.00) per year in advance; provided that where two or more persons are engaged in a profession at the same location, the license fee shall be payable as provided in Section 17, Para- graph $2. SECTION 20. STATENEi~ TO LICENSE COLLECTOR ON GROSS BUSI~BSS. (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 number 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 three months 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 three months immediately prior to the making of such .statement, which statement shall determine 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 ~il 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 highS amount, should there be reason -47- to believe that said business should have a higher rating than that shown by said statement, nor to recover any amount that may be ascertained to be due from such person, firm or corpora- tion, in addition to the amount shown by such statement if 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 incorrect. Any person, firm or Corporation feeling aggrieved or dissatisfied with such rating by the License Collector, as aforesaid, may appear'before the Council at the next regular meeting thereof with proof, if any, why said license fee should be in accordance with their said statement, and the finding~of the Council thereon shall bedconclusive 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 n6t been conducted or operated for the period of oneyear and for which a license is required to be paid and a statement of said business made aS set forth in this 'ordinance by said person, firm or corporation'so conducting said business, shall, if requested by ~he 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 inksaid 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 during the first year such new business is conducted. At the end of the first year such'statement shall be made and a license fee paid as hereinabove provided for in Subdivision (a) of this section. SECTION 21. LICENSE FEE DEBT TO CITY. The license fee imposed by this ordinance shall be deemed a debt due the City of Bakersfield from and against any person, firm or corporation who engages in, conduc~s, carries on or maintains within said City any business, trade, calling, profession or occupation upon which a license is imposed herein, without first having paid such license fee andsprocured said license according to the terms and provisions of this ordinance, and said person, firm or corporation shall be liable in a civil action in the name of the City of Bakersfield as plaintiff in any court'of competent jurisdiction, for the ~recovery of the amount of .said license fee, and for the costs of suit. SECTION 22. EVIDENCE OF BUSIneSS. 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 engaged in any business or calling for the transaction of which a license+is required, or that such party exhibited a sign indicating such busihess or calling, shall be conclusive evidence.of the liability of such party to pay for a license as required by this ordinance. SECTION 23- CONSTITUTIONALITY. If any section, sub-section,sentence, clause or · phr~se-~o£~ Ihis-ordinance~i~ ~O~a~y_~ea~9~ h~eld~to be unconsti- tutional, such decision shall not affect the validity of the remaining sections of this ordinance. The Council hereby declares that it would have passed this ordinance, and each section, sub-section, sentence, clause and phrase thereof, irrespective of the fact that any one or more other sections, sub-sections,'sentences, clauses or phrases be declared unconsti- tutional. SECTION 24. PENALTY. Any person, firm or corporation violating any of the provisions 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 Hundred Dollars ($'300.00), or by imprisonment in the County Jail for a period 'not exceeding.ninety (90) days, or by both such fine and imprison- ment. SECTZ0~ 25. REPEALZNG ORDINANCES. Ordinance No. 512 New Series, andsall amendments thereto, and all other ordinances or parts of ordinances in conflict here- with, are hereby expressly repealed. SECTION 26. EMERGENCY ORDINANCE. This ordinance is hereby declared to be an emergency measure within the meaning of Section 24 of the Charter of the City of Bakersfield, State of California, and necessary to provide for the daily operation of a municipal department, and shall take effect immediately. o0o ..... I }HEREBY CERTIFY that the foregoing Emergency Ordinance was passed and adopted by the Council of. the City of Bakersfield, at a regular meeting thereof held on the~day of ~-~ ~ AYES: CLEMENTS, MARMADUKE, NORRIS, SIEMON, SMITH, VANDERLEI, VERCAMMEN NOES: _~ ............................. ~ .................... ABSEN'~: _~ .......................... 7 .................... City C rk of the Council of the City of Bakersfield. O.~.of ~ ............ '- the City of Bak;rsfield. STATE OF CALIFORNIA) County of Kern I ss. V. VAN RIPER, being duly sworn, deposes and says: That he is the ly appointed, acting and qualified Clerk of the City of Bakersfield; 1 full, corrj~ copy o~nhc~ ~:d°3Y 1 ........................ eries, a AN ENERGENCY ORDINANCE REGULATING AND INPOSING NUNICIPAL LICENSES; DESCRIBING HOW AND BY WHON LICENSES AND ERNITS SHALL BE OBTAINED; NAKING A VIOLATION HEREOF A NISDENEANOR, AND PRESCRIBING A PENALTY THEREFOR, AND REPEALING ORDINANCE NO. ~12 NEW SERIES AND ALL AEND~ENTS THERETO, AND ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. Subscribed and, ....S...w,_9o before me this ............ ~a .... ~'~"~;"'