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HomeMy WebLinkAboutORD NO 754 AFFIDAVIT OF POSTING ORDINANCE STATE OF CALIFORNIA ) ) SS. COUNTY OF KERN ) V. VAN RIPER, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified Clerk of the City of Bakersfield; that on August ~__~, 1957, he posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed and adopted by the electors of the City of Bakersfield at a special election held o.n the 12th day of .August, 1957, which ordinance was numbered 7%$ New Series, and entitled: "AN ORDINANCE LICENSING THE CARRYING ON OF CERTAIN BUSINESSES, OCCURATIONS AND CALLINGS AND CONDUCTING~ OPF~ATING~ PROVIDING .AND MAINTAINING PLACES OF .AMUSE- MENT .AND ENTERTAINMENT IN THE CITY OF BAKERSFIE~D~ FOR THE PURPOSE OF RAISING MUNICIPAL REVENUE AND PROVIDING PENALTIES FOR THE VIOLATION OF 'THE PROVISIONS HEREOF." .~LSr~.uB~s.c~Yi~bed and sworn to before me this ~,~ay of August,~19~7. '%~';<~6.ga~7~}.4~Ublic in and for the County of State of California. My Cemmission Expires April 16, 1949 I HEREBY CERTIFY that the foregoing O~dinance was passed and adopted by the electors of the C~ty of Bakersfield at a special election held on the 12th day of ~st, 1947. ~itY Clerk a~xl b~x'-O~ci'o Clerk of the Council of the City $~ Bakersfield. AN ORDINANCE LICENSING THE CAR~ billiard or, i)ool tables, or arcades, or the coilt ~ tax at a has reason to be- RYINGON OF CERTAINBUSI~ESSES, machines therein, or to ~my corn Ol~ "~eve or statemmt is incor- OCCUPATIONS ~D CALLINGS AND ~usemmt ~nadfine or device; ~ ' ~t. feel aggrieved or ' (c) 1 ~m on each 15 cents or fracti~ o~ :by the Collector CONDUCTING, OPERATING, pROVID- 15 cents 0f 20% of ~ounts charged ~d :r~ may at the next lNG AND MAINTaINiNG PLACES OF eeived for refreshment, ~ood, service or mcr- ~gular m~ w~th proof, if any he AMUSEMENT AND EN.TE~TA~N- ~andise at any roof garden, cabaret~ ca~e, ve~ has, *h0uld ~ in accord- MENT IN THE CiTY OF BAKERS- ~urant, hotel, roadh(mse, or .ther :~tnik~r pla~ ~ce and the finding of FIELD, FOR TI:tE PURPOSE OF RAIS- f~rnishing or which shall th~,ish a lmblic [,er- ~e ~ conclusive, anti it ~ormance, fl(~or-show, dance-floor~ or oth~ ,hall d:ire~ to issue receipts or lNG MUNICIPAL REVENUE AND amusement fro' l>rof~t by (~.r for any patron ~ ~ make reftffids ~its of estimated taxes PROVIDING PE~.TIES FOR THE guest who i$ or shall be entitled to be ~r¢~ ~ ~d/or of additional VIOLATION OF T~[E PROVISIONS during my l~orti()n of sud~ perf()rma~ ~ ~es in a~or(: finding. HEREOF. other entertainment hy teas.on of [mrehasing r~ S E C T E~O N 1 i. ' ~ I L U R E T O F I L E , freshments, food, service or merehan(:lise. A STATE~EN~ 0R ~RRECTED STATE- BE IT 'ORDAINED BY THE PEOPLE OF performance shall be regarded as btSng fur- ~{ENT. ]~;any:b~s~ ;~ails to comply with any BAKERSFIELD, as follows: nished for profit for purposes of this sub-se~ of ~he prO~isiafis o[: t~e preceding section, or tlon even though the charge made for mus~ . for l(l dayt afar d~d therefor made by the SECTI()N 1. PURPOSES ANDDEFINI- merit or ~tettaimuent is uot separately ~tat~ Collector, ~ls:~°l"fi~ ~?~orteeted statement, the TIONS. This ordinance is e~cted to raise reve- or specified h~ the charge for food, refr~ Collector ~ay~eter~i~ the amount of license nue for municipal purtmses, ment, (h'i~s, or olber thi.gs; and the am~nt fee payaht~ by ~ueh~e~on frotn such informa- Whenever the word 'elty' is used her~n it charged :for admiss~,m an(l,"or entertainm~t ha-. tion as he ~l~to ~btain and if neces- shall be construed to me~ the City of B~ers- der this sub-sectior~ shatl be deemed to be ~ tory may ' nired to be paid field; the word 'Collector~ is used to desig- of the whole am()nnt paid for such refreshment, nate the City Tax and Lice~e Collector of the f~d, service and/or merchandise, exclusive o{ upon the such as divi- d~ds paid to other City of Bakersfield; the word 't~' shall me~ alcoholic drink:s the dmrg~.s for which ar~ and include licen~ tax or fee or other sum re. regate(1 from other' charges. No tax shal~ ~xir ~sidering other rele- quired to 1~ paid for the license or privilege; applicable under suit-section (a) of thi~ s~ti~ rant facts, determination is made, the word 'person', {>r the per~n~ pronoun 0n account of au amount pai(t with re:q~ct ~ the Collet~r .. notice of the amonnt therefor shall include ~erson, time, association which a t~ is imposed un.der this sub-~tio~ ~ asses~ by te same personally or by deposit~g: States POstoffice or corporation; ~(t the word 'liCense' is nsed (d) The tax:es~ imposed ;by the fm'ego[~ s!~ at B~er postage prepaid to desi~ate both the privilege of condflcting ~tions shall be fro' thc privilege (::,f conducti~ ~erecm, a~re~ so assessed at places of amusement ~r en[er~im~ent ~d the places of amnsemenl or entertainment, l:,tlt shM! ~e addre~8 sh~ ~ Such person certificale evMencing t~ gr;mting of the li~nse, be collected, re. ported, returm~d and transmi~ed may.. witlt~ ten {10) ~ys after the mailing or by the pers~'~ ol;erating the place of am~m~lent serving {:~[ su~ n~i~, make application in SECTION 2. L[CENS~ AN]) LEVY. A or entertainment from the persons pa3i~ f~ writing to'the Cotl~t~ for a hearing before license is herehy required to be obta~ed by all such admisslons~ or for ticke~s, ~mmsement, eh- fl~e City (~1 o~t~ a%ouut of the tn.: 1~ persons maintai~ng plies of or ftn:nishiug tertaium~t, hx~d, refreshme~t, drinks, reset- ~uch a~pli~tio~ is~t~o made within the time amnse~nent or entertaimnent in the City. Places rations or privileges or olher things. No per- presc~be(l~; tho ~s~s~mt shall become final. of amusement or ~tertai~t shall include son operating a place of am tlsenlent or ~ter~ If such an hppli{~io~ iifiled,'the Collector must theatres, shows, games, carnivMs, sp~tacleS, ex- tainment shall kno~ [ngl:y absorb or assztme hibitions, dances, and ~ther performmxces fur- ~ or part 0~ auy tz~ requh'ed to be collected ~use tht mater to b~ set for hearing within fifteen. (1~) tt~s, ~¢ i~ve the person sought nislted or provided at any lfla~ Or ~any per- ~rOm a patron, m,::st, atteudm~t, or other p~ to be ~ar~d l~ da~ ~otiee by mail. The City son as to which a clmrge, adnxission fee, or other sum is required m ~ ~aid' ~4~ether whol2 s~ from whom the persons fumishi~ t~ ~uncil s~ll c~lid~ ~1 evidence produced and ~usement or e:ntertainment ~s required tO col- shall ma~ i~ fi~i~s thereon fixing the ly or partially, for the privilege Of ~eing, wit- l~t the t~ levied I,y this ordiuance, or receive m(,ux~t of the ~ ~tlla copy oi. -h findings nessing, being presmt hh ~gaging or partlci- any sum for any tax which is ]ess rh~ ~ ' Shall ~ s~vec[ u~fi t~ applicant in ,'-man- pating in singly or with anaher person, or for greater than the am(rant specificall,.' required ~ ..~er pSescr~cd ,p~ fpr ~e service of notice otherwise being dive,ed, .around, or ~ter- ~ paid flflder the provisions of tk~is or~ of assess~nt.~e~ecmr shall have in ad- rained. (e) The tax hnposed h:v this m'dina~tce is ~ dition to ~1 other ~rs conferred upon btm, SECTION 3. LICENSE REQUIRED. No addition to all other Ifc{rose taxes or fees levi~ for g6od OuseSho~,:{he power to extend the person shall eng~e in hny busit~s required to by the provisions of any .rdinance of the ci~ Omc for ~ng ~y ~c~ statement for a period be licensed under the ProviSi°ns of this ordi- now in effec~ or hereafter enacted; and aothi~ of not to ~ce~ thi~t~:~ (30) days, ~d in snch nanee until such lic~se is ~rst obtained; but if herein shall be construed to prol3~bit t}i~ Ci~' ' ~se ~iv~ ~y p~tY~;~ would have other- such person holds ~ne other busi:~ss license Council from impos;ing otlmr bu~incs:~ hc~ wise ~c~'~d; 8~, w~h the writt~ approwfl issued to the operatm' o[ such place of amuse, taxes on any person conducting a pl~e o~ of rtm Ci~ Council to. co~promise any claim mere, he shall obiain a ~n~her license or cer- ~usemmt. for taxes ~ret~r. tificatc from the Collector'as hereinafter re- SECTION 9. EXEMPT[()NS. (al h~iy SECTION l~. I~RMATION CONFI- quired, sions and charges i;or ente~mimmmt the I~r~ DENTIAL. T~ in~ation or data nbtained SECTION 4. APPLICATION FOR L[- ~,c~ds o{ which inure excl is vtly ~o the ~ne~t from any examinafioa' or audit of books or CENSE. Every I)erscm required by tbis ordi- of religious, educational, or char~lable institu- rec~,rds or from a~ ~tatement required here- nance to secure a lice~e to'con~luct a place of tions, societies ~r o~ganizations, ~}f s,:<ienties or under shall be Used ~nl~ for the purpose of en- amusement or entertai0meng, or to furnish any or~mzations comlucted f(,r the sole pm'pose of forci~ tl~ pr~vhi~s of this ordinance, and entertainment or amusement sh~l make Writ- maintaining symph,~ny or.dm:stras or concerts for no otlkSr p~r~o~.~o ihformation thus oh- ten application in duplicate to the C~lector for conducted hy a. civic or community mem~rsh~ '~d sh~ e¢~ ~i~os~d or made public by such l~cense, which sh~l contain a full, true m~d Where no Part of tim net carnings mm-es to [~ ~y office or ~pl~ of the City except as correct statement of name~ ~tl addresses of c~iary bonet:it o~ any mcm l>er:~, :,i ~::,t-g~iza- publicly nlsy ~salt f~m ~the enforcement of tions or societie~ exclt~siv,lv ira' lhe be lefit of ~ the 9rOvisibns of th~ ~di~ce. tl~e owners and/or opc~tors, the kind of amuse. ment or entertainment bein~ or ~oposed to be ~rsons ~o bare strved it line military ~::,r nav~ furnished, and the plebe 'w~re it is to he con- forces of thc I.h wd S e.s a w ) are ~ SECTI0N II. POS~ING AND KEEPING ducted, whether the s~e i~ t0 continue imteft- n~d, and of organizat[ont or societies excln- LICENSe% I~STE~. Ail licenses must be nitely and if not for what ~period it will con- sively for the hem.~fit of the members of t~ ~ept md ~ste{ h ~e;~fol~wing m~ner: (a) tinue, and tim hours fluting w~ch ente~ain- police i>r fire department of the Cib~' ar~ ~ any li~e ~perafin~ at a fixed place of mcnt or amusement is to be furnished, tn case exempted from fl~e paytneut of any tax~.~t ~der busings s~l ~ ~license issued posted in an application for a license shows lhat the this ordi~ce, a conspic~us place' u~on t~ premises where anmsement or entertainment is proposed to ~ - (b) This m'dinance shall nol [:,e deemed ~o such busi~ss is cold,ted; ard (b) any per- conducted or held only for a dgy or other short impose any t;rx or any admi.~.~ion ~,r l<ivile~ son engaa~d in ~S~s in tim city at a tern- peri<3(1 by a non-resld~t i,c~sd~ fio~ ~ngag~d iff ;~vered ~ ~be [)receding sec~io~ where :ticte[~ ~rary lo~tioa~l[~k~p ~e license in his pos- some permanent busln~s m a~ld licmsed there- shall have beeu sold prior I~ tl~e adoption of ~ession il'he h~C}~r~ aud supervision there- for by the City, the a[~Plicadon for license shall t~is oral.rice, o~ on adr~fis~&ms, amus.~m, of, other~d~ ~ th~ p*sseSsion of the person be accomplishelI by ~ch ~nformation as the or char~es l'or ibc use of e(luipmenl or for having ch~ge ~r ~u~e~isi~ ~or him. Collector may m his judgment require to en- O~er prtvil,ges have been fixed by valid con. ' . able him to reasonably estimate the amo~t of tracts betwee. ~)l}c~ators md leagm:s .r ass~ SECTION 14. DATES OF PAYMENT the tax which will accrue ~d l~ome payable clarions of players prior t~. tt.~ ado[,fion of AND ~F~AL~' ~R DELINQUENCY. npon such entermi~m~ or m~scment ~nder this ordinance. ExeeI~t a~ hc~i~ ~h~wi~ provided, license t~is ~>r~lh~ance. The ~()~eeIor ghall S.bm~r a (c) 'I'h~ fm:'n~sh~.g of mt::~.k al ,ne, whethi~ rexes lev~ h~n~r;~hall ~ due and payable duplicate copy of such applicati~ to lhe Chief instrnmental by nmsiciaus ~r mechanical by r~ to th~ C~ at 'lhe ~me w~z returns are re- or Police o~ the city ~or th~ files of the Police produdng clerk:cs, Mthom: other' em:ertainment quirerl t{.~e fi~d b~ ~e provisions of Section l)epartment. ~d ~ithout an admission charge, shall not ~ 10. Any ~'r~on ~lm fai~ to file any r~luired re- .. S ~(i TION 5. WH~ DEPOSIT OF ~TI- d~mcd to bca laxable emerlaimnem: or ~mus~ turn, 0r f~ls t~ ~y~P~ a~ount required here- MATED LICENSE TAX~S MAY BE RE- ment under this ,.'dh~ance. under on lhe f~i~ *f ~uch return, shall be QUILEI IN ADVANCE. In ~1 roses where (d) Nothi.g herciu cor~tai~,,:l shall be ~1 ~ssed a [~nak~ of ~5'~ on the amount unpaid the aPlflication for a liee~e uuder this ordi- or construed ~o h~q~ose ar~y ~:ax o~ re~mlati~ at such ~i~e, W~ich sflm shall become a part nance shall show that the ~ms~ent or ~ter- on ll-te sale m' olhm- (li:.~l)oiil{oa o{ alc(tholi¢ or of the license f~ required to be paid hereunder. ta[nment for which the li~nse is ~qulred is inioxk:ating liqu,~r.~, or to i~cltt4e lhe auras or proposed to be conducted only for a day. or any part there,~' paid ~oa alcol,~lic or into~- 5;KCT1ON 15. SUiT FOR RECOVERY other sh(>rt period b7 a ~n;resident person not catim; liquor~ s~rvt~l with mealie or food ~ d~- OF [INI'AID $U~[[S.:Any sum required to be engaged in some perma~tent business h~ and li- termlnin~ th~ p(~ri~m ,ff tim payments und~ paid hereunder shall ~ d~ed a debt to the ce,sed therefor by the~ Cily, the Collector shall Section g (c) as thc ammmt at~rilmtable to eh- City and ~y ~r~ol ~o engages in any busi- requi~e Ibc applicant as a ctmditi~ for tbe.issu- tertaJmnent ~r anmsemer~t tmh::ss thc ~ar~ hesse c~t'~g ~d c°ll~ting admissions and the a~tcc (:,f the license to d~p(~sit such sum as he, .~for such alcoholic m- inlo:x~cating l~qt:K)t's are in- ~x lhere~ levied By,this ordinance, shall be the Collector, shall est~mate to ~ sut~ci~l to eluded without ~e~.regatk,n m the cba~'ge for liar,lc to ~ a~i~ ~y :~nd in the name of the pay the license taxes which will accrue t~ lhe f~d, refreshments, drink,, ~r f,,r olher things. City of P~ker~i{:l'In any court of'compet{nt City undeF this ordinance from conducting such SECTION 1~). {E[ [ Ix..> Eac}i pers~ ~ X" jtn"~sdict~rm f~>r the ~ve~ of any taxes levied hereunder. ~e ~n~i~!ion and punishment o[ entertahm~ent or amusement, keeping, ~onducting, or ope ;~ting any place o~ ~y pers,:)~: fo~,~l~i~ a~y of the provisi(ms SE~TV[ON 6. LI~$, CONTENTS ~tertainmem or amusement sul,ject to ~s~ of this o~ina~c~, ill, not relieve him from · OF. All I/censes shall [~ Prepared and issued ding, ce, includi.g those ~ho ~;h:dl ~ave made a paying the lie~]~ ice,due and unpaid at the by tim Collector. ~ch license so issued shall deposqt of es;iirnated taxc.;, :.;halt. ~,t'~ o,' ~[ore time of s~h (~nvi~, nOr shall the payment state upon the f~e thereof the following: the 15th day t,f ibc first re,mill of lt~e fir:~;t qu~ of any l[(~se f~ gre~ent a criminal ~)rosecu- (a) the person to whom g~me is isSned;~ ter of the calendar year w}fich quarter co~ tkm for t~ v:~l~i~ ~f any.of the provisions (b) whether the Licemee is otherwise licensed, mences after lllc et(cctive ,[ale o~ th/s or~tin~, of Ibis or~na~e. ~ ~medies prescribed herex and i~ so, by what llcense; (c) fl~e location, and ~d quarterly thereafter, render I :, the Coll~- under shaft t~: e~mu~flve ~d the use of one or the kind of amusement or enterta[ment; (d) tot a verified statement in writing, showing the rem~ies by the City shall not hat the use ., ...... :~., .,_..: ...... t.:_t..t ................... total number ()t adnlissio~ls, the (:barges ma& ~ore some permanent business in m~d licensed there- sh~II' have been sold In'mr Io tl~e adOpllon oi sessloll ~I he had charge and s~ervision the~- for by the City, the application for license shall this ordinance, or on admissions, amusements, or, otherwise ~ the possession of the. pers~ be accomplishe~ by such information as the or charges for thc use t,f equipment or for having charge or supervisi~ for hi~ Collector may m his judgment require to en- other privileges have been fixed by valid con- ~ _. able him to reasonably estimate the amount of tracts hetween operators and leagues or asso- SEC~?ON 14. DATES OF PAYMENT the tax which will accrue and become payable ciations of players prior to the adoption of AND t ENALTY FOR Except as herein othe~e provide~ :1~ npon such entertainment or mnusement under this ordinance, taxes levied hereunder shall this ordinance~ The Collector shall subm3t a (c) The furnislfing of ~nttsic ,&mc, whether t. the City at the time when returns ~e re- duplicate copy of such application to the Chief instrumcntaI by mm, icians ~,~ mechanical by re- ,jr Police of the city for the files of the Police prodncing devices, Mthou~ other entertainment quired to ~ filed ~ the provisions of S~ion l)epartment and withoul an admission charge, shall not be 10, Any person who fails to file ~y ~ffi~d SECTION 5. WHEN I)EPOSIT OF ESTI- deemed to be a taxable emerlaimnem or amuse~ turn, or f~ls to pay the mount r~u~ here- MATED LICENSE TAXES MAY BE RE- ment under this ordinance, under on the filing of such return, sh~il M QU1REI) IN ADVANCE. In all cases where (d) Nolhing herein contained shall be d~emed sessed a penalty of 25% on tho amo~t un~d the appliotion for a license under this ordi- or constrm'd t. impede arly tax ~n~ regulation at such time, which sm shall b~ome,a nance shall show thai the amusonent or enter- orr Iht' salt' .t ~lht:~ di~l)o:.,~tion of alcoholic or of the liceuse fee required to ~ paid hereu~r. tainment for which t:he license is required is intoxicating: liqm r. t)r lo i~clu(le lhe sums or proposed to be conducted only for a day, or . any part tl'wre.~' I,a'l for alcoholic or inmxi- SECTION 15. SUIT FOR RECOVERY otlmr short per/od by a non-resident person not ca[i~tg liquors served w}th mt,als or food m de- OF UNPAID SUMS. Any sum r~uired to engaged in some permanent business in anti Ii- retraining' ibc porlit,n of ~h~ p:.tymcnts under paid hereunder shall be d~med a debt to tensed therefor by the City, 'the Collector shall S(,cl~(m 8 (c) as thc ammmt attributable to en- City and ~y ~rson who ~e~ i~ ~y reqnire the applicant as a condition for the issu- tertainnlttnl ~H' a~lltlsttltieHl [mles~ the charge ness charging ~d coll~ting admissions ~d ance of the license to deposit such sum as he, ,~ for such alcoholic .r ir tox~cafing liquors are in- tax lhereon levied by this ordi~nce, sh~l ~ ' the Collector, shall estimate to he sufficient to cluded without segregatio~ m thc charge for liable to an ~tion by ~d in t~ ~ of the ' pay the license taxes which will accrue to the f.od, refreshmeuts, drink~, or for other things. ('ity of B~ersfield tn any court of'co~ jurisdiction for the remve~ of my ta~ levie~ City under this ordinance from conducting such SECT1ON 10, RET[.r ~XS,~ }:;ach I,erson hereunder. The ~nviction ~d p~is~nt of entertainment or amusemem, keeping, ecmducting, or operating lilly place of ~y persou for vioi~ing any of th~ pro~i~s ~ECTION 6. LICENSES, CONTENTS enlertainment or amusemeut subject to this or- of this ordin~ce, sha~ not reli~ h~ ()F. Ail licenses shall be prepared and issued dinancc, including those wl ~, shall l~ave made a paying the license fee ~ue ~d unpaid at the l>y ~be Collector. Each l~cense so issued shall deposit of c,dhnated taxes shall, .n or before time of such convi~io~ n~ sh~l the ~ym~t state upon the face thereof the following: the 15th day of thc first moqth ('ff the first quar- of any license fee preyer a crlm~ (a) the person to whom sine is issued;~ ter of the calendar year which quarter com- tion fnr the violati~ of ~y~f the ~ro~s'i~ (b) whether the Licensee is otherwise licensed, mences after the effective dltlt:~ of th~5 ordinance, of this ordim~. A~ remedies pres~i~d ~ and if so, hy what license; (c) the location, and :md quarlerly thereMter, res*der t. t~xe CoIlec- under shall ~ cumulative and the use ~ ~ne the k~nd of musement or entertainment; (d) tora verified statement in xritmg, showing the more remedies by the City shall not bar ~e use mini number of admission,, the charge,.~ made the period during which the amusement or en- of any other r~edy for the put. se of lertainment is to be offered and for which the and collected on thc basis of the sexeral r~tes lng the provisions of this ordin~e. license is issued; and (e) the amount o~ license if more than one rate, and such olher matter as fee paid in advance, if any. may be necessary to *.:nablc the (, d e< tot t ¢ corn- SECTION 16. VALIDITY OF ORDI- pure the tax which shall Itave accrued during NANCE. If ~y part of this ordi~ce is for SECTION 7. AMENDED LICENSES. No the effective period of this (~rdina~tce immedi- any reason held to ~ invalid or un~nstituti~l Ecense issued pursnm~t to this ordin~ce shall ately prior Io the making (:ff said statement, with by the decision of ~y court of com~t~t jugs- be tr~sferable, provided that where a license a, statement by such perso~t of the ammmt he diction, such~d~ision sh~l m aff~ the ~- is issued authorizing a person to offer an mnse- conceives to bc dne l}~e Cit~, by rea.~on thereof, ity of the rem~ning pa~s of this otdin~ee. merit or entertainment at a particnlar place, such No such statement shall be courhisive upon the The People of this Ciw hereby d~l~e that th~ licenses may upon appli~tion therefor ~(1 pay- Colleclor as to the matler~ therein set forth; would have adopted this ordi~ce ~d mga fee of $5,~, have the license previously aml ll~e same shall not Ira, udice the right of s~tion, sub-s~tio~ ~tenc~ clau~, phr~ or issued amended to authorize s~e to be offered the Cily lo fix lhe atnoun~ of said taxes at a ~rtion thereof, irres~ctive of the f~t t~t at some other location, hight:r amount, shouk[ thc'x: be r'c::tson to be- any one or more sections, sub-s~fions, dause~ SECTION 8. RATES AND BASIS OF heve that the tax should be [dghcr titan as phrases or ~rtio~ may ~ decided inv~id TAX. A license tax is hereby levied and as- shown by said stalement nor to recover ~y unconstitution~. scssed: amount that may be ascertained t- I,e due from SECTION 17. VIOLATIONS, A MISD~ (a) I cent for each 10 cents or fraction of ,mc}'l person m ad,litton to thc amount shown MEANOR. It shall be unlawful for ~y ~er~n l0 ce~lls over ~d above the first 15 cents of the by sneh statement if it sl~culd be fmtnd to he ' to violate any provisi~ or to fail to comply mcx~rrcct. [ri c[tst3 5tlc}l statt me.t shMl show to im'lounts charged and paid for admission to with any of the requirements of this ordin~ee; ~l~e satisf~mtion of tim Col[,,ctor flint the taxes and any person so doing shall be ~ilty of any place, including admission by season ticket du~ are less than any deposit t:ff estim[tted taxes .r subscription; ami 1 cent for each 10 cents or required by lhe Ce~lector and made by the li- misdemeanor, under the provisions of this ordi- fraction of 10 cents over aud above the first - nance, and unless provision is otherwise her~ 15 cents of ~I sums received from fees and tense~, a warrant for ll~e rc paymtnt (:~ the ex- cess shall be drawn and prod to Ihe licensee in made, shall be p~ishable by a fine of not mo~ charges after the payment of ~ admission fee, than Five Hundr~ (~.ffi} ~llar~ or for the use of property, equipment or facilities the manner providcd for ~efunding tax, cs ~ oneously collected. The (}h~l cc'for and his depu- imprisomnent for a period of not more within, upon (~r about any place of amnsement six (6) months, or by ~ such fine ~d ira- or entertainment which is charged m~d collected l~es shall have the p~wer 1:~ ex,m~e~ and any pris.nment Each such person shill be by the operator of such place over or above, or perso,~ conducting or operating a place of a separale offense for m~ and eve~ day dur- - ami scment or entcrtammc~[l shall exhibit and :~s a part of the mount charged for admission submit for exam~nalion on dcn'umd t~}~ thc Col- lng any portion, of which ~y violah~ of to such place; lector, all necessary books :,nd records, includ- ordinance is committ~, continued, or (b) 1 cent for each 10 cents or fraction of ing the lJce~ee's COlfiCs of teturn:~ mad,:' to the by such person ~d shall ~ punishable ~ord- ~ ingly. 10 cents over and above thc first 15 cents of fe<leral or state taxiing' authoritics, r~[ any per- amounts charged and re. ceived by the operator son doiug b.siuess in the c,~y reCl~fired to col- SECTI~N 18. REPEAL. Ordinance ~f any place of amusement, where no admission lect m~(t pay ~'ver a tax as rc lnir't'd b.y lhe terms ber 725, New Series, ~d Ordinate Nm~r~ h,e is charged, for the use or operation of prop~ (~f this ordinancc, for' the In rpo~*e .f ascertain- 727, Xew Series, of the City of Bakersfield, erty, equipment and/or facilities, and/or the i,~g the amount of taxes required I. l~e paid by and all other ordin~ces ~ c~ict h~i~ privilege of being in or upton such place of the provisions hereof: aud shall have the power are hereby repealed; but nothing here~ amnsement or entertainment, amt/or for the and authority lo enler, free of charge, at any rained shall be construed to affect the pmv~f~ privilege o~ playing or engaging in any other reascmab]e time any vlace o~ amusement' or ch- of any other ord~ce of the ci~ w~ activily in or upon StlC}l place of amusement or terlainment and to ,lemam an in:q)ect[~, ri of IV impos~ another lic~, ~ on ~y other er~tt:rtainment; provided, however, that the books amt records, The ' c, 1 ~'t't( r ~d~a[I, and he fiusiness or upon any of the business cove~d by provisions of this sub--section shall not apply to [~ herel~y anlhorized to fix thy amount cf any this ordinance. .