HomeMy WebLinkAboutORD NO 730 ~S. ~, ~23 A~ 62~ ~ S~IES..
~AS, the City Co~cil hereby declares that an emergency
exists for the ~mmediate preservation of the public safety, peace an~
property, in that there has ~w co~enced and is t~eate~ an i~l~
of irresponsible automobile de~ers in~o this city, who will set up
temporary pla~es of doi~ business a~ after defraudi~ the public
will ~ediately leave the City of Bakersfield~ a~ the persons who
have been defrauded will have no means of recovery for the fraud
perpetrated upon them.
~W~ T~0~ BE IT 0RD. AI~ BY T~ COU~IL 0F T~ CITY
0F B.~FI~D~ 'as follows t
~TIOH 1.
For the p~pose of this or~i~nce an automobile de,er is
defined to be a~ person~ firm or corporation e~aged int co~ucti~
mammgiD~ or carryi~ on the business of b~i~, selliD~, or offeri~
for sale~ consig~ to be sold~ or othe~ise de~i~ in motor vehicles
as the term "motor vehicle" is defined in the Vehicle Code of the State
of Oalifor~a.
8~TION 2.
It s~all be ~awf~ for a~. person to e~age In the business
of an auto, bile dealer~ as the same is defined in this ordi~nce~
without first havi~ received a permit in ~iti~ s9 to do ~der the
authority of the City Council of the City of Bakersfield. A~ such
permit sh~l be effective for a period of one year from its date ~ess
scour revoked.
~ ~rson or firm or co~p~ti-en-desiri~ to obtain such a
permit, sh~l ~ke application therefor in ~iti~ to the City Co~cil
of the City of Bakersfield. Such application shall be filed with the
City Ms~_~ger a~ ~e applic~t shall at the time of fili~, such applica~
.
tion, pay the sum of Fifty ($50.00) Dollars to defray the expense
of publication and investigation and action upon such application,
and such fee shall be in addition to any license fee which is now
or may hereafter be required to be paid.
The City Manager of the City of Bakersfield shall, upon
receipt of an application and the fee hereinabove provided, cause a
notice to be published in the newspaper having the official contract
for the publication of legal notices for the City of Bakersfield at
the time of the first publication, once a week for three consecutive
weeks, giving notice that such an application has been made and setting
a date on which said application shall be heard by the Council of the
City of Bakersfield, and which said notice shall be substantially in
words and figures as follows, and shall contain the information indi-
cated as follows, to witl
"NOTICE OF .APPLICATION FOR PERMIT AS AUTOMOBILE DEALER
"Notice is hereby given that has made
application to the Council of the City of Bakers-
field for a permit to do business as an automobile
dealer in the City of Bakersfield. Any and all
persons having any knowledge or information as to
why such a permit should not be granted to the ap-
plicant are hereby notified to present such reasons
in writing to the City Clerk on or before the
day of , 19__, the date on which said applica-
tion shall be heard by the Council of the City of
Bakersfield. Further particulars concerning said
applicant may be obtained from the application on
file in the office of the City Manager.
"Dated this day of , 19 ·
City Manager of the City of
Bakersfield, California."
The date specified in said notice shall be not less than
thirty (30) days nor more than'sixty (60) days after the completion
of said publication of said notice.
It is provided, however, that any person, firm or corporation
having a license in this Oity at the present time as an automobile
dealer~ or any firm, person or corporation who now has or may here-
after obtain a franchise or agency in Bakersfield for sale of new
automobiles or new trucks from the manufacturers of said automobiles
or trucks, may be issued a permit under this section immediately upon
filiD~ the application herein specified and payi~ the fee provided
for a renewal of any permit, and thereafter such permittee must cause
said permit to be renewed in accordance with the provisions of this
ordinance, provided, however, that in the event that any person holding
at the present time a license and a permit issued under the provisions
of Ordinance No. 491, New Series, shall fail for a period of thirty (30)
days after the expiration of the time specified in said permit to file
with the City Manager an application for renewal as required by this
ordimmnce and to pay the fee for such renewal, then the right to such
permit shall be deemed to be forfeited am~ thereafter an application
must be made and fee paid to the City Manager as in the case of an
original application.
~uch application shall be accompanied by an affidavit of the
applicant which shall set forth the following information, to wit~ The
name, age and residence address of the applicant~ if a natural person,
or if a corporation, its name, date and place of incorporation, address
of its principal place of business~ and the names of all its officers,
together with their respective addresses; or if a partnership~ associa-
tion or 'unincorporated company~ the names of the partners comprising
· the association or company, together with their respective addresses~
and a statement as to whether or not an application for a similar
o
permit has been refused or cancelled by this or any other munici-
pality in the State of California, and if so, a full statement of
the reasons therefor.
Ail applications for a permit must be filed by the applicant,
and if the applicant is a corporation or partnership~ the same must
be signed by a duly authorized officer on behalf of the corporation
or any member of the partnership.
SECTI0 3.
Upon the receipt of any application for an original permit,
as provided in the preceding section, the City Manager shall investi-
gate the applicant and report his fi~ings to the City Council on or
before the date of hearing. Such report shall set forth all facts
ascertained in connectio~ with the application, but shall not contain
any recommendation pertaining to said application. Upon the hearing
the Council of said City may grant or deny the application, or may~
in its discretion, ~equire a further investigation by said City Manager
by other means. The City Council shall have the power to deny any
application if it be deemed by them that the applicant is ~t a suitable
or proper person to carry on the business for which a license is
required.
SECTION 4.
A fee of Five ($%.00) Dollars shall be charged for any applica-
tion for a yearly renewal of any permit issued uader the provisions
of this ordinance. Such renewal permit shall be issued by the City
Manager and shall not be transferable.
No person~ firm or-corporatlon~ to whom a permit has been
issued under the provisions of this ordinance, who fails for more
than thirty (30) days after the expiration of the time specified in
said permi~ to apply for a renewal thereof, shall be entitled to such
a renewal~ but the permit theretofore issued shall be deemed to be
forfeited, and the application must be made to the City Manager as
0
in the case of an original application. Whoever shall fail for more
tham fifteen (1%) days after the expiration of any permit issued
u~er the provisions of this ordinance to apply for a =enewal thereof,
shall be required to pay a penalty of ten (10%) per cent of the
amount of the permit fee. Such penalty shall be collected by the
City MaDmger at the time of renewal of said permit.
SECTION ~.
If the City Council grant the application for a permit, the
City Manager shall issue the permit upon the filing by said applicant
of a bond executed to the City of Bakersfield by applicant and a
surety corporation duly authorized so to do, to be approved by the
City Manager, and no license or permit shall be granted to any person
until a bond has been given in form as provided for in this section.
Said bond must be J~int and several and the penalty thereof must be
Twenty-five Hundred Dollars ($2%00.00)~ and must be conditioned to be
paid to the said City of Bakersfield, and any person, firm or corpora-
tion, insuring them against an~loss, or damage that may result.to
any person, firm or corporation from any transaction involving a motor
vehicle by the dealer through failure to deliver a clear title to any
person, firm or corporation legally entitled thereto within ninety (90)
days after final payment has been made. Said bond shall not be void
upon the first recovery but may be sued and recovered upon from time
to time by any person aggrieved, until the whole penalty is exhausted.
In lieu of a bond executed by..a surety corporation as aforesaid~
the applicant may file a similar bond in the amount of Five Thousand
Dollars ($~000.00), executed by the applicant and two personal sureties.
Such sureties must be residents of the County of Kern, State of California,
and must own real property in said-County of an assessed valuation of
nat less than the penalty of the bond, and must be worth at least the
penalty of the bond over and above their Just debts and liabilities,
exclusive of property exempt from execution. The affidavit of each
surety, setting out facts showing the qualification of the sureties
as aforesaid, must' accompany the bond.' Such bond is subject to the
approval of the City Manager.
SECTZON 6.
Anyone who now holds or nay hereafter hold a permit as an
automobile dealer~ and who discontinues business for a period exceed-
ing ninety (90) days, will automatically relinquish all right or
interest in said permit, and the same shall ipso facto be revoked
without any further action on the part of the City Council or the City
Manager.
SECTION 7.
Every dealer in'motor vehicles must display a sign in letters
of not less than six (6) inches in height~ said sign to be placed in
a conspicuous place on the premises where his business is being trans-
acted~ and'the same must be legible for fifty (50) feet~ and said sign
must give the name of the person~ firm or corporation authorized by
the State law and the City ordinance to conduct the business of an
automobile dealer~ as such name appears on the permit i~sued by the
Oity Manager. The aforesaid sign must have painted on it in figures
and letters~ not less than two (2) inches in height~ the permit number
issued by the City Manager to engage in the automobile business.
SECTION 8.
It shall be unlawful for any person~ firm or corporation to
engage ln~ conduct~ manage or carry on the business of automobile
dealer within the City of Bakersfield~ who~ or which, does net first
receive therefor a permit as herein provided~ from the City Manager.
SECTION 9.
In the event that any person~ firm or corporation holding a
permit as an automobile dealer~ as herein defined~ shall violate~ or
cause~ or permit.to be violated~ any of the provisions of this ordinance~
or any provisions of any other ordinance~ or of any law relating to
or regulating such automobile business~ or shall conduct or carry on
6,
such business in an unlawful manner, or shall cause or permit such
business so to be conducted or carried on, it shall be the duty of
the City Council to, and the said City Council may, in addition to
other penalties provided by this ordinance, suspend or revoke the
permit issued for conductiD~ or carrying on such business. In the
event any person, firm or corporation is issued a permit under the
provisions of this ordinance and the same shall be revoked by said
City Council, no permit shall be granted to such person, firm or
corporation to conduct or carry on such business within six (6) months
after such revocation. No permit shall be revoked until a hearing
shall have been had by the City Council relating to such revocation,
notice of which hearing shall be given in writing to the permittee
and served at least five (%) days prior to the date of the hearing
thereon, such service to be upon the holder of such permit, or his
manager or agent, which p~tice shall state the ground of co~plaint
against the holder of ~uch permit, or against the business carried on
by him, or it, am~ also shall state the time when, a~ the place where
such hearing will be had. Said notice shall be served upon the holder
of such permit by delivering same to such person, his manager or agent,
or to any person in charge of, or employed in the place of business of
such holder, or, if such person has no place of business, then at his
place of residence, or by leaving such notice at the place of business,
or residence of such person, with some person of suitable age and dis-
cretion. In the event the holder of such permit cannot be found, and
the service of such notice cannot be made upon him, in the manner
herein provided, then a ~opy of such notice shall be mailed, postage
fully prepaid, addressed to such holder, or such permittee, at his
place of business, or residence, at least five (%) days prior to the
date of such hearing.
SECTION 10.
Notwithstanding anything to the contrary in this ordinance, it
is hereby specifically provided that any automobile dealer, person,
firm or corporation, who, or which, is now em~&ged in and conducting
the business of automobile dealer, and who now has a valid permit
issued under the provisions of Ordinance No. 491, New Series~ or of
this ordinance, and has posted the bond required by this ordinance,
but wishes to temporarily go out of active business, may, upon appli-
cation to the City Manager~ retain said permit in good standing for
the duration of the war~ without the payment of any further fee or
license, am~l without postim~ the required bond; provided~ however,
that before said automobile dealer may return to .active business
it shall be necessary for the City Manager to conduct an investigation
of said dealer and approve his application for reinstatement on an
active basis, and upon such approval said dealer shall be reinstated
upon the payment of a renewal fee of Five Dollars ($%.00), together
with the payment of his license fee and the posting of his bond, in
accordance herewith.
SECTION 11.
Every automobile dealer~ person, firm or corporation, who, or
which, engages in, com~lucts~ mam~ges~ or carries on the business of
automobile dealer within the City of Bake.rsfield~ who or which does not
first receive therefor a permit, as herein provided, or who violates
any other provision of this ordinance~ shall be deemed guilty of a
misdemeanor~ and upon conviction thereof shall be punishable by a fine
of m~t more than Three Hundred ($300.00) Dollars or by. imprisonment
in the County Jail for a period of not more than ninety (90) days, or
by both such fine and imprisonment.
Every person, firm or corporation shall be deemed guilty of a
separate offense for each day during any portion of ~hich any violation
of any provision of this ordinance is committed, continued or permitted
by such person, firm or corporation, and shall be punishable therefor
as provided by this ordinance.
SECTION 12.
The permit fees provided for herein shall be in addition to
8.
any. am~ all business license fees charged or collected by the City
of Bakersfield.
SECTION 13.
If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional by
the decision of any court of competent Jurisdiction, such decision
shall not affect the validity of the remaining portions of the ordi-
nance. The Council of the City of Bakersfield hereby declares that
it would have passed this ordinance~ and each section, subsection~
sentence, clause and phrase thereof, irrespective of the fact that
any one or more other sections, subsections, sentences, clauses or
phrases be declared invalid or unconstitutional.
SECTION 15.
Emergency Ordinance No. 591, New Series, and Ordinances
Nos. 523 New Series and 625 New Series, and all other ordinances or
parts of ordinances in conflict herewith are hereby expressly repealed.
SECTION 15.
This ordinance is hereby declared to be an emergency measure
within the meaning of Section 25 of the Charter of the City of Bakers-
field, State of California~ and necessary for the immediate preservation
of the public safety, peace and property, and shall take effect
immediately upon its passage by the City Council of the City of Bakers-
field.
I B~B~Y CERTIFY that the foregoim~ Emergency 0rdim~nce was
passed am~ adopted by the Council of the City of Bakersfield, at a
regular meeting thereof held on the 9th day of December~ 1946~ by
the following vote:
AYES: CARNAKIS, CROSS, NORR;S, IP/'J-'R,. sIEr, ION, V,'TNDERLEI, VERCA~tMEN
NOES: ........ ~ ..........
Council of the City of Bakersfield.
.APPROVED thSs 9th day of December, 1946.
kersfield
of r nan es
STATE OF CALIFORNIAt
County of Kern ~ ss.
MARIAN S. IRVIN
~, being duly sworn, deposes and says:
That he is the duly appointed, acting and qualified Clerk of the City of Bakersfield;
and that on .......... ..D...~..~...e...m..~...e..z'.. ............................. 19.~...~...., he posted on the Bulletin Board at the
City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on ......... .?.~..c..e.._m..b.?...~.....?. ...................... 19..4...~..., which ordinance
was numbered....7.~.~. ......... New Series, and entitled:
"AN EMERGENCY ORDINANCE REGULATING THE BUSINESS OF
DEALING IN MOTOR VEHICLES IN THE CITY OF BAKERSFIELDt
AND REPEALING ORDINANCES NOS. 491, 523 AND 624 NEW
SERIES ."
/..' Subscribed and sworn to before me this
I~ .". :" ............ day of...~...~_~...e.~.b...~..~.. ........ 1946
"- ~ ..-" State ot California.
~l~.~mmlssion Expires April 16, 1949