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HomeMy WebLinkAboutORD NO 327 ORDINANCE NO. 32? AN ORDINANCE REGULATING AND Ik~POSING ~UNICIPAL LIC- ENSES~ PRESCRIBING HOW AND BY %VHON LICENSES SHALL BE 0BTAI~ED, PROVIDING A P]KNALTY FOR THE NON-PROCURE~ENT OF LICENSES, REPEALING ORDINANCE NO. 2§6 AND ALL 0RDI- NANCES A~ENDATORY THERETO. BE IT ORDAINED BY TEE COUNCIL OF THE CITY OF BAKERSFIELD, AS FOLL0~¥S :'. SECTION 1. The Auditor of the City of Bakersfield must prepare and have printed, blank licenses of all classes mentioned in this Or- dinance, for terms of three, six and twelve months, and for such shorter te~nns as are herein authorized to be used, with a blank receipt attached to each for the signature of the Chief of Police when sold. SECTION 2. The Chief of Police shall, execute alllicenses provided for by this Ordinance, upon the payment of the license fee hereinafter provided for, and.compliance with all provisions hereof. SECTION 3. The Auditor must affix the seal of the City of Bakersfiek~ to, number and sign all licenses and from time to time, deliver them to the Chief of Police in such quantities as may be required, teking his receipt therefor, Md charging him therewith, giving in the entry the numbers and amounts thereof. SECTION 4. The Auditor must keep in his office a ledger, in which he must keep the Chief of Police's accounts for all licenses delivered to him, sold, or returned unsold by him. SECTION 5. It shall be unlawful for any person, firm or corporation, club or association, to commence carrying on, engage in, or con- tinue in, within the City of Bakersfield, State of California, any business, trade, occupation or employment upon which a license tax is imposed by the terms and provisions of this Ordinance, 8.nd for which a license ts~x is required to be procured by the terms and provisions of this 0rdine~nce, without first paying such license tax - i - and procuring such license, as hereinafter provided. Such license authorizes the party obtaining same to transact the business de- scribed in such license, in a particular locality in the City. A license must be obtained for each establishment or place of bus- iness, or each branch thereof, and said license must be taken out in the quarters commencing on the first Monday of January, April, July, and October of each year. SECTION 6. Every license shall become null and void at the expiration of the term for which it is issued. SECTION ?. On the first Monday of each month, the Chief of Police must return to the Auditor all licenses unsold, who shall credit him. therewith, and must pay into the treasury all money collected for licenses, take the Treasurer,s receipt therefor, and file a duplicate thereof with the Auditor. The Auditor must credit the Chief of Police, s~d charge the Treasurer with such moneys so de- posited. The Chief of Police must also, at the end of each quarter, file with the Auditor, a statement which contains the names, occu- pations and places of business of all persons, firms, and corpora- tions within this City, liable under this Ordinance to pay any license. SECTION 8. Every person, firm or corporation engaged in the business of conducting a restaurant or eating house within said City of Bakersfield, where the person, firm or corporation conducting same, either directly or indirectly serve~, furnishes, sells or gives away or permits to be served, furnished, sold, given away, used or consumed, whether purchased on the premises where said place is conducted or purchased elsewhere, by the proprietor or guest, any malt or fermented liquors, wines, ciders or beers with bona ~.ide meals to be consumed on the premises, shall pay a license fee of Fifty Dollars ($§0.00) per quarter, provided, that no license granted under the provisions of this section shall be construed as - 2 - authorizing any person, firm or corporation to engage in the bus- iness of, or permit the selling, disposing of, or giving away of any kind of malt, vinous, or fermented liquors, beers, ciders, or mixed~intoxicating drinks, as a retail liquor establishment, ex- cept as in this Section above provided. Such license, so issued, to be known and designated as "Class B Liquor License." SECTION 9. For the purpose of this Ordinance, a restaurant is defined to be a place equipped with conveniences for cooking and preparing victuals, and where hot meals are actually served at least three times a day, and at least six days in the week, and a bona fide meal is defined to be a meal consisting of such quantity and qual- ity of food as is ordinarily served for a meal in hotels or res- taurants. Merely sandwiches or lunches, or crackers, or cheese, or' anything else except such as in this section defined shall not be held or considered to be a bona, fide meal within the provisions of this Ordinance. SECTION 10. No '~lass B" liquor license shall be granted until an ap- plication has been made therefor to the Council of the City of Bakersfield, and action thereon taken similar to the proceedings in the case of granting saloon or retail liquor licenses, and any abuse of the privileges, shall be grounds for revocation or denial of license by the said Council; provided, that the application to said Council shall only be required to be made annually. SECTION 11. Every person, firm or ,corporation who sells in the City of Bakersfield any bankrupt, assigned or damaged stock of goods, wares, merchandise, drugs, jewelry, drygoods, boots and shoes, clothing, hardware, groceries, furniture or other stock of merchan- dise, shall pay a license of T,HREE .HU..~.IDRED . ($300.00) Dollars per quarter, payable in advance; provided, that this section shall not apply to any stock of goods owned by any person actually conducting a regular place of business in this City, which stock has been damaged by fire, or water resulting from fire atsuch place of business. SECTION 12. (a) Corn doctors or chiropodists practicing their business or occupation other than at a fixed place of busines~$, traveling merchants, hawkers, venders of books, charts, maps, patent medicines, or any other minor articles of trade, or peddlers who engage in the business of vending goods, wares, ~nd merchandise of any kind, must pay a license of $150.00 per quarter, provided that every person who vends or' peddles vegetables, berries or fruit not raised by such person upon lands or premises owned or rented by him within Kern County, shall pay a license of $15.00 per quarter. (b) Every traveling merchant, hawker, peddler, or vender, faker, or advertiser who engages in the business of advertising goods, wares, or merchandise by music, singing, dancing, Jugglery, tricks, sleight of hand, buffoonery gymnastics or any particular display, show or performance, or by speeches or oratory, or by any performance calculated to draw or collect a crowd of' people about the person so calling or advertising as aforesaid, shall pay a license in the sum of $25.00 per day, provided, however, that any of the licenses enumerated herein shall not give to the holder thereof any right to occupy any of the streets, avenues, alleys, parks,, public squares or sidewalks of the City for the purpose of advertising or selling his goods, v~ares or merchandise, or to en- gage in any of the performances herein enumerated. SECTION 13. Every person, firm or corporation, who engages in the business, trade, occupation or employment hereinafter named shall pay to the City the following license fee: (&) For the business of acting as an auctioneer, $15.00 per quarter; provided, that if the preson by whom the auctioneering is done is an itinerant vender of goods, wares or merchandise, tempo- rarily located in this City, he shall pay a licnese of $15.00 per - A - day; provided further, that this section shall not apply to any person selling his own goods, wares or merchandise at a regular established fixed place of business in said City. (h) For the business of loaning money at interest on sal- aries, commonly known as salary loans, the license shall be $100.00 per quarter. SECTION 14. For any person, firm or corporation engaged in the busi- ness of conducting theatres, the license shall be as follows: If for less than one month, $10.00 per day; if for one month, $20.00 per month; if for one year, $100.00 per year or $30.00 per quarter. For each separate exhibition of minstrels, opera or concert singers, the license shall be the same as require.d, for theatrical ~,erform- __ h.l_l ns ot a~l o anoes. The provision of the above .ubdivision/e~Y~ltsr. tainments given for the benefit of churches, schools or charitable entertainments of any amateur association or literary society of this City. SECTION 18. For each exhibition for pay of a caravan or menagerie, or any collection of animals, circus or any other acrobatic perform- ance, $80.00 for each performance, and for each show for pay of any panorama, figures, Jugglers, necromancers, magicians, wire or rope dancing ors'light of hand exhibitions or other side show, $8.00 for each exhibition or side show, and whenever a separate price is charged, each must be considered a zeparate exhibition, and an ex- hibition in the day time must be considered one exhibition, and an exhibition after dark on the same day considered another exhibition. ~CT, ION 16. For each amusement, game or test of skill, strength, phy- sical endurance or capacity of any kind not otherwise provided for, and for participation in which a fee is charged or which is con- ducted for profit, $8.00 per month. No license to be issued for less than one month. - 8 - SECTION 17. From the owner, manager or lessee of flying horses or merry-go-rounds, the sum or $2.50 per day. SECTION1.8 (a)For every person, firm or corporation engaged in the bus- iness of photographing or picture making or connected therewith, who have no regularly established place of business, but make photo- 'graphs or sell photogra.phs and charge or receive remuneration therefor, $20.00 per quarter. (~) For the purpose of peddling tickets to apply in whole or in part payment of photographs or frames h~ any person, firm or corporation who has not a fixed permanent pls, ce of business in the City of Bakersfield, s. nd from any such person, firm or corporation soliciting orders for the same, or for anything in any way con- nected with 'the business of photography, or from any person solicit- ing for frames, or for enlarged or retouched photographs, $50.00 per quarter. For the purpose of determining what persons, firms, or corporations shall fall within the purview of the above provision, the words "a fixed permanent place of business" are hereby declared to refer and relate only to those persons, firms or corporations who have their headquarters permanently established in the City of Bakersfield, and who from such established place of business fur- nish the materials from which the frames and other things referred to in the foregoing section are made. SECTIONI.gf~)For the business of keeping or conducting a hotel of less than ten rooms, the sum of $6.00 per quarter. (b) For the business of keeping or conducting a hotel of ~en rooms or more but less thsn twenty-five rooms, the sum of $8.00 per quarter. (c) For the business ef keeping or conducting a hotel of twentY-five rooms, or more but less than fifty rooms the sum of $15.00 per quarter. (d) For the business of keeping or conducting a hotel of - 6 o fifty rooms-or more the stun of $25.00 per quarter. (e) For the business of keeping or conducting a lodging house of five rooms and more, but less than twenty rooms, the sum of $5.00 per quarter. (f) :For the business of keeping or conducting a lodging house of twenty rooms or more but less than thirty-five rooms', the sum of $8.00 per quarter. (g) ]?or the business of keeping or conducting a lodging house of thirty-five rooms or more but less than fifty rooms, the sum of $12.00 per quarter. (h) For the business of keeping or conducting a lodging house of fifty rooms or more the sum of $15.00 per quarter. EECTION 20. For keeping or conducting billiard, bagatelle, or pool tables, or bowling alleys, $2.50 per quarter for each billiard, bagatelle or pool t~.ble or bowline alley or bed; no license shall be granted for less than the current quarter. SECTION 21. For the business of conducting natstoriums, swimming tanks, Hammam or Turkish baths, the sum of $15.00 per quarter. SECTION 22. From the owner of any dog in this city $2.00 per annum for each male dog and $5.00 per annum for each female dog, payable annually in advance. SECTION 23. From every keeper of a shooting gallery, $10.00 per quarter. SECTION 24.. For every keeper of a dray or other horse drawn vehicle .... · for the transportation of freight or other materials for hire th® license shall be as follows: (a) ]~or every horse drawn vehicle having a capacity of not over 2000 pounds, the sum of $10.00 per year. (b) For every horse drawn vehicle having a capacity over 2000 pounds and not over 4000 pounds, $14.00 per annum. (c) For every horse drawn vehicle having a carrying capacity over 4000 pounds but not more than 6000 pounds, $16.00 per annum. (d) For every h~rse drawn vehicle having a capacity over 6000 pounds but not more than 8000 pounds, $20.00 per annum. (e) For every horse drawn vehicle having a capacity over 8000 $30.00 per year. SECTION 25. For every keeper of a motor driven vehicle used for the transportation of freight or other materials for hire the following annual licenses shall be charged: (a) Fol' all such motor driven vehicles having a capacity of not over 2000 pounds, $20.00 per annum. (b) For every motor driven vehicle having a capacity of 2000 pounds but not more than 4000 pounds, $28.00 per annum. (c) For' every such motor driven vehicle having a capacity of 4000 pounds but not more than 6000 pounds, $32.00 per annum. (d) For every such motor driven vehicle having a capacity of 6000 pounds but not over 8000 pounds, $40.00 per annum. (e) For every such motor driven vehicle having a capacity of over 8000 pounds or over, the sum of $60.00 pe~ annum. SECTION 2,6. Each motor driven or horse drawn vehicle' used for the trane- : ~portation of freight or other materials for hire shall be disting- uished by number, to be furnished by the Chief of Police without cost to the owner which number shall be placed by such owner upon such vehicle, in such manner that it shall be plainly distinguish- able whether such vehicle is in motion or not. - 8 - SECTION 27, From every person who runs or owns any hack, omnibus, coupe, carriage, or motor vehicle for the transportation of per- sons for hire, $10.00 per quarter for each hack,- omnibus, coupe, motor vehicle or other carriage so used; no license $o be for a less term than one year. Each such hack, omnubus, coupe, carriage, of motor vehicle, so used, shall be designated by a nUmber to be furnished and to be attached to it in the manner above provided for the numbering of said wagons and other vehicles. SECTION 28. Ail persons engaged in, or to hereinafter ~z~ engage in the business of keeping or conducting a penny arcade or any place of amusement where coins, slugs, checks, or other representatives of value are used, dropped, or placed into any music boa, phonograph, picture machine, or other device used for the purpose of furnishing entertainment, test of skill or strength, $10.00 per quarter, or any part thereof. SECTION 29. Any per,~on now engaged in, or who may become engaged in the occupation of practicing the profession of palmist, fortune teller, or clairvoyant, smd receiving remuneration therefor, the sUm of $75.00 per quarter or portion thereof. Provided, that any person holding a certificate of ordi- n~.tion or endorsement as a medium, healer or clairvoyant from any national, state, county or local spiritualist association shall not be required to take out such license, or pay any fee. SECTION 30. All persons engaged in or to become engaged in the busi- ness of keeping or conducting a skating rink, $15.00 per quarter. SECTION 31. Every person, firm or corporation engaged in the business of junk dealer, pawn broker or second-hand dealer, shall pay a license of $20.00 per quarter. Provided, however, that no license shall be granted under the provisions of this section unless the applicant therefor shall have complied with the terms and provisions of Ordinance No. of the City of Bakersfield, entitled; "AN ORDINANCE REGULATING PAI~N BROKERS, JUN~ AND SECOND-HAND DEALERS IN I~ERCHANDISE OR OTHER ARTICLES, AND PROVIDING FOR PENALTY FOR VIOLATION THEREOF." SECTI0i~ 32. For every person, firm, or corporation engaged in the bus- iness of conducting a tamale parlor or lunch stand, $2.§0 per quarter. SECTION 33. Every person receiving a license under this Ordinance shall place the ss~ae in a conspicuous place in his place of business, and all peddlers and other persons, who have no fi~ed place of business, must produce and show their license, whenever required to do so by any person who may make demand to see the same, and any person, who shall fail or re2use so to post, and any peddler, or other person, who shall fail or refuse so to exhibit on demand, as herein provided, the license for conducting the business in which such person or peddler ms~v be engaged, when such license tax shall have been paid, shall, in addition to the penalties herein- after imposed., have his license revoked, upon such notice and hear- ing as is in this Ordinance Drovided. SECTION 3~A. All licenses granted under this Ordinance, or any section hereof are granted and accepted by all p~rties receiving said license with the express understanding that the Council of the City of Bakersfield may revoke the same at any time if any of the con- ditions of the license or terms of this Ordinance have been violated, or if the license was obtained by fraudulent representations, or the holder of such license is an unfit pets'on to be trusted with the privileges granted by said license; provided, however, that no license shall be revoked without gi~ing the holder thereof an op- portunity to appear before said Council in his own behalf. On re- vocation of the license, no part of the money paid therefor shall be returned, but such license fee shall be forfeited to the City. SECTION 30. Those Ordinances of the City of Bakersfield, which are - 10- numbered 256 and 277, are hereby repealed; provided however, that the enactment of this Ordinance and the repealing of the above numbered Ordinances, shall not invalidate any license heretofore issued, but any and all such licenses shall continue and be in force and effect until the date of the expiration thereof, no'r mhall any person be relieved or released from the payment of any license tax now due from him, under any of the terms or provisions of the aforesaid Ordinances, but the amount so due, together with all penalties attached or accrued, shall be collected from him An the same way as though said above numbered Ordinances were not re- pealed. SECTION 56. Nothing in this Ordinance contained, shall be construed as in any way repealing or amending in whole, or in part, Ordi- nances numbered 156, 176, 321, 522, and 324 of the City of Bakers- field. SECTION 3?. Any person violating any of the terms or provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction tlhereof, shall be punished by a fine not to exceed Three Hundred Dollars, or by impr&sonment in the County Jail not to ex- ceed Ninety days, or by both such fine and imprisonment. I 2~ereby certify that the foregoing Ordinance was passed by the Council of the City of Bakersfield, on the 26th day of Feb- ruary, 1917, by the following vote: NAYS: ~ 7~ City Clerk and ex-offi6io Ole~k of the Council of the City of Bakersfield. 26th ~ of ebru [ry, 1917. Mayor~the~it~ o~/Bakersfield. / - ll -