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HomeMy WebLinkAboutOrdinance No. 326i � _ 1 ORDINANCE NO. 326 AN ORDINANCE OF THE CITY OF AZUSA LICENSING FOR THE PURPOSE OF REVENUE AND REGULATION, ALL AND EACIi KIND OF BUSINESS CARRIED ON IN SAID CITY; PRESCRIBING THE PENALTY FOR VIOLATIONS OF THIS ORDINANCE, AND REPEALING AS OF JULY 11 1937, ORDINANCE NO. 284, ORDINANCE NO. 290, ORDINANCE NO. 310, ORDINANCE NO. 315 AND ALL OTHER ORDINANCES OR PARTS OF ORDINANCESOINSOFAR ONLY AS ANY OF THE PROVISIONS OF SAME CONFLICT HEREWITH. The City Council of the City of Azusa does ordain as follows: SECTION 1. DEFINITIONS Unless it is apparent from the context that another mean- s ing is intended., the following words when used herein shall have the meaning attached to them by this section: (A) "Person" shall be construed to mean and include any natural person, firm, co -partnership, association, society, company, organization or corporation. (B) "Business" shall be construed to mean and include all and every kind of commercial, industrial or mercantile enter- prise, as well as the practice of any profession. (C) "Peddler" shall be construed to mean and include any person who goes from house to house, or from place to place, or in or along any highways, within the City of Azusa, selling and making immediate delivery, or offering for sale and immediate delivery, to persons other than manufacturers, wholesalers, jobbers or re- tailers of such commodities, any goods, wares, merchandise or other thing of value, in possession of such person, or services to be performed immediately. - 1 - S (D) "Solicitor" shall be construed to mean and include any person who Ooes from house to house, or from place to place, or in or along high,, -rays within the City of Azusa, soliciting orders from persons other than manufacturers, wholesalers, ,jobbers or retailers of such com:afldities, for any goods, wares, merchandise or thing of value, for future delivF.ry, or soliciting orders from any person for services to be performed in the future. (E) "Permanent Business" shall be construed to mean s.nd include any business carried on in the City of Azusa on the date when t::is ordinance takes effect, or whic' shall have been carried on In said City for a minimum period of six consecutive months sub- sequent to the date when t:is ordinance takes effect. (F) "Temporary Business It shall be construed to mean and Include any business carried on in the City of Azusa which is not carried on in said city on the date wh;;n this ordinance tales effect, or _thichh shall not have been carried on in said city for a minimum period of six consecutive mont:s subsequent to t`:e date when V. -is ordinance takes effect. SECTION 2. LICE:'SE REQUIRED It stall be unlawful for an�� person, whether as principal or agent, clerk or employee, wither for himself or for any otIer person, or otherwise, to commence or to carry on any kind of law- ful business in theCity of A7i:.sa, without in advance 'ravin pro- cured a license from said City so to do and xithout complying r+ith any and all regulations of such business contained in ;,his ordinwnce, unless exempt in accordance with the terms of this ordinance, pro- vided ho -never, that no person who is an employee or the direct representative of a business which business pays the required lic- ense fee to said City and is named as licensee in an unrevoked lic- ense, shall be required to pay a license fee to the City of Azusa, for the doing during the terra of such.unrevoked license of any part of the worn of such business. -2- 9 SECTION 3 SEPARATE LICENSES (A) A separate license shall be obtained for each branch, establishment or separate place of business maintained in the City of Azusa. (B) A separate license shall be obtained for each kind or class of business carried on at one location, provided however, that any person carrying on a business at one location containing several separate departments, all of which departments are pre- sided over, and carried on exclusively by such peraon as proprietor, or by members of his immediate family, shall be required to pay only one license fee, which one license fee shall be the full license fee for whichever business carried on at said location, calls for the highest license fee. SECTION 4. FOR?.` OF LICE:;SE Each license shall set forth the amount of any fee thereof, the period of time covered by said license, tl:.e name of the lic- ensee, the business licensed and the location or place where same is to be carried on. SECTION 5. BY WHOM LICMITSES ARE ISS:; ED AIM DELIVERED It shall be the duty of the City Clerk to issue a license under this Ordinance for every person paying a license fee here- under and entitled to a license, and to place same in the hands of the Chief of Police, or in the :.ands of such other officer or employee of the City as is lawfull;,r authorized to collect license fees, for delivery to the licensee. SECT=T 6. Ei:FORCIi G OFFICER It is hereby made the duty of the Chief of Police, or of any other lawfully authorized police officer or other lawfully authorized officer or employee of the City of Azusa, to enforce the provisions of this ordinance and to mare collection of the license fees herein im_�osed. -3- SEC 10_' 7. :T'E., LT^SE ;.'L;9"' BE A'JT. -,^ ..IZF �•�.."". D BY COrJ:'C1L Slhenever wn r person deLires to en". Se in any ;nuc: r..: , it t'ae City of Azusa enumerated in this section, petition t«e City Cour_c l fo lice.:e t_:er_,for, ^V..ic.; .)et.- tion shall trt �- lican� a t .e..=_cs of the an�.� t,ae c,_srac urr w. -d loc.:.:ion of tkk' Jropo3Cd kil i2",v-"$• Cn Cons iderrt'1 on r'ah,'eof CUUriCil I't.5.y &ut:_O.^ire Lie s,,.:e t0 e i8::;.t;'.' in whole or In o, -rt, or rt9,'*-.`ce`.eu in ? hol_? or in li ,-t• "o lic,cn_e or '3h,11 bC 1 -.suet for tate con'uct of ^" auc., bus .n_y ;_c t a OrCcred sem. Coancil. Such lbvsir.usces ,,re foilo%v , viz; A'asorpt;cr. Pl nt Coal -C_1 Selling Astrology Ati_latie Ex••:i'.itiO�. Or S:�o•r Or �c.ut Auction fi,-.a30 AuetiOr Autol.:o: ile. ;"or :ire B M:ery Ser or Bar Room w' -:ere ltquc.—z are sold Beer G,_rden Be:.r P-rlcr 3illiard Porlor or Rocas BO'aIln All.. -.y Boxin.; Dout Cafc Curd Raa,_in}; rnival cartoi::ix,cy Clop '`.uuse Circus Clairvoy^.nr;;..:.irk -4- Coffee Howe Cre :Cii;� Plant Crrr.rilary Cryst€tel C :zing Dairy Dan(. a Distillery f)r any pur�oae Divin-ton fiend St�a_'_l.e or Liv>ry Byrn F1OOr S:.oc Fortune Telliln6 Fuel Oil sellinv Gslme Esta..lisL: nt wha 'e as a business,: L_j;,jes are; co'f,JucteG Game Room er, as a arca conducted n. . ;nasals ne Piunt ur��o' ira Selling sOlf C^arse '_nc?oor or aut:i,- r or :,.irat:Lre or _uli size ox' ot: ere:i.se Y Hog Ranch Pool Room Hotel Poultry Ranch Hypnotism Prophecy Junk Leafier Rabbitry Junk Yard Refinery Kerosene Selling Restaurant Laundry w".11 ;re laundry Rid .n6 School work is done for hire Riding; Academy Liquor Store either wholesale or retail Rooming House Live Stock feeding or Service Station raisin.; or breeding barns or yard or ranch Shooting, Gallery Livery or Feed Stable Show under Canvas Lodging House Side Show Lunch Counter Sight-seeing Bus Lunch Room Skating Rin:' Lunch Wagon Sort Drink Parlor L a6ic Storage Yard 'ediumship Street Fair "er "y -go -round Supply De?ot TTecromancy Tamale Vendor ',sight Club Target Ran e Palmistry Maxi or Taxis Peanut vender Tent Show Phrenology ^o, Plant Poc :et -Billiard Parlor War,house or Room Wrecking Esta_'Dlishment Wrestling :..atch -5- In addition to the foregoing specifically enoxrerr tad businesses, this section shall be held to also apply to all businesses of a class or character similar to nose Lereina:oove enumerated, as well as to all businesses affected r.°ith a public interest, whetter such and Ltiona 1 busineccon are herein specifically enumerated or not. SECTION 8 PAMENT 07 LICEM FEES, A::D DMI'YgUZ;'^_I^S (A) All license fees s::Fll be payable in advance in lawful money of the United St, -tes at tie of_^^ice of the Chief Of Po -ice of the City of Azusa, or at such other ploce as i:: from time to time lawfully designated. (B) AN:' -,-AL LICE:'S7S: The annual licenso fees in this Ordinance provided s:.a.11 be due and pair„ble to the City on the first day of July of each yec.r, Haiti; this ;proviso .- ozwv.'I' tint if an annual license be a>-) f �i y „Berl for in any fisWl se^r : ut subsequent to Ju"_y 13t, the annual liconso fwe paya:.lu shall ':e pro -rated for the unexI trod porton of! k t fiscal year, but in no =event shall such pro -rated an. license fee be les: than one fourth of tie license fee pr:; .,'. :jr the w1olc year. (C) SE?'I-AN:UAL LIMTSES: The semi-annual liconse fa,e in this ordinance provided n%ll to due and payable to the City on the first days of July and Jsruary of each yeW. Any person liable to pay a semi-annuol license foe but who docs business for only a portion of to S=I-annual porloi, e:•.a.11 nevertheless be required to pair tAs full semi-annur 1 .:'ae. (D) QUARTERLY LICENSES: The quarterly license fees in this Ovdinanayprove eri Sholi be due and >aynbla to the Cite on the First We of July, October, Janu ry and April of c: ch year. Any person lK ole to liay a quarterly license fee but who —6— a doss business for only a portion of 00 quarterly period, shall nevertheless be required to pay the full quartyriy fee. (TE) DAILY LICESSES: The daily license fees in this Ordinance provided shall be due and payable to the City each day in advance. (F) DELII.QUE.TC115: ;'dhenever a license fee described in this ordinance is not paid vithin tic month in which same is due in accordance rM tie terms hereof, said license fee shall be Increased by "ddina 105 theroof to tic principal amount of tie same e.c.. ani. Every month,sui¢ licInse fee remains unpaid subsequent to the due -date month, with this proviso however, that when and if ever said nonthly ad:itions of 105 a- v,reCate 100 of the principal Amount of tie lime fee, further 105 nonti ly silitions shall thereupon cease. SECTION 9. RATES OF LIC17SZ FEE (A) The rates of licence face for the businesses :ere- inafter named, carried on Tithin Qe city of Azusa, QaIl be and the same are hereby fixed according to the follOvinn schedule_ ana the same shun be said i.y any and all persons anraaed in such 4uniness or businesses. Said retes are as follows, to -;pit: (1) P rrmanent Bucinage: (Exce?t any permanent bu;incss specifically Mentioned in, and as to 1OiGh a liecnse fee 1, fixed by other teras of, this section) -An annual licenso fee of x12.00. (2) Temporary Susin?:;e: (Except any temporary business specifically mentioned in, and as to which a license fee is fixed 4y oyer terms of,tl:s section)- A seri-annual license fee of 0150.003 or a daily license fee of 3''10.00. (3) Any pcwson practicin6 or yrofeosin8 to practice tic- luainess or in of Astrolojj, AuCury, Card-ruadin8, Gartomancy, Clairvoyance, Cryst.l-gazing, Divination, Fortune-telling, Hypnotism . aL. Ic, 11.cdiumship, Necromancy, Palmistry, Phrenolo, ;r or Prophecy, or —7— I any similar business or art, who eit:er solicits or r.ceives a loft or fee for such practica, or vilere admission is ch=rged for such practice, shall pay a daily license f, -,a of (�-) Carnival: A daily license fee of 9'10.00. (5) Circus: A daily license fee of X325-00- (6) Pedder: A daily licsnie fee of ?5.00. (7) Sides. ovr: A daily license fee of 10.00. Z3) Solicitor: A falls l'_csnae fee of ."5.00. (') Street Fair: A dLily license fez of 1)1:.00. (10)Distribution of :and bills, aamples or other advertising :iedlums, eta or matt; r from house to ouac or from place to place (e;.ce,t the ditribut°ori of con. lto nevspapers i.oldin� r. Second Class P>r:..it under United Stetae Po:: tal °- 'ulati ons, provided such nev--papers be distri'cuted in suc.i forts is set fort:: in said Second l..ss Permit), an annual licebse fee of 824.00, or e. daily lie n.L fee of $5.00. (11) Eiiliard,�Pool an(:t Ge --:e ;able: 7hero mo_e than tvo tables are in plac::, civet:er usad or not, and in addition to the license fee paid by t:ie business of r::.ich said tablea are a part, for each table in „cess of tro, an annual li:ense fee of 12.50. (B) The provisions of this s'ction are enacted in ursuancc} of a method of classification of businesses conducted in t:,n City of Azusa. w, -.+.oil businesses from t._eir very nature require differin;; plans u-nd .;e t':nds of regulation. SECTION 10. Iia LIEU BO"M Or ;E::P0RA%Y BIJS!"ESS. Ary p:.rson about to engage in or engaving in any business In the City of Azusa whIich under the terms of this ordinance constitutes a tecporary business and comes ::ithin the clas3ific tion set forth in Section 9(A)(2) hereof, may, in lieu of payinr, t..e license fees provided i.:rein to be paid by such tempor_ry business �s rovided in said Section 9(A)(2), pay the license fees provided in this ordinance to be paid in accordance r.•ith Section 9(A)(1) of thwa ordinance, but before enga ing in such temporary business shall execute and File with the City Clerk of Azusa a bond in the sum of $400 c::ecuted by the person conducting such temporary business, as principal, and by any reliable surety -8- company or by two Good and su'f'ficient personal sureties, as sureties, approved by the Chief K P© Icej said bond to be conditioned that the licensee will remain in business and pay the license fees required in said Section 9 (A) (1), and conduct said business in accordance ,=pith the terms of this ordinance, within the City of Azusa, for a period of not less than six consecutive months from the date of the license being issued for such temporary business as heroin provided, or else nay the temporary Manse fees herein established in Section 9 (A) (2) of this ordinance less the amount of license fees paid under Section 9 (A) (1). Said bond shall inure to the benefit of the City of Azusa, anc said City may maintain an action thereon and shall :.e entitled to judgment against any and all of the principals an: sureties, jointly and s. varuily, for the full penalty of said 'Dons, upon any breach thereof, provided ho*ever that said City shall not be entitled to collect or t0 receive the full penalty of said breeched bond core than once. SECTIOB 12. UYLANFUL BUST;'ESS ro provision of t'.is ordinance she11 ever be held or construed as licensi:. r a porcittinG the op.ni nC, estab'_le.':i . ;f conducting or carrytnZ on of any unle„i'ul bueinesu, gaie or other activity. Wery such u_i-oful busi`lese 'i me Or othor i ctivity is he -; by prohibit_d, and no licence shall be aut:lorized or issued thorufor. SECTIOD 12. o'LAT ^K S=S = MLE7 pm (A) In the avant tL&I , law or la"ful ulaticn of ,he State of California or of tie UnAted States, the City of Azusa is st any time U ned tni ri At to collect any ltcance fel lonein provided for, or &;;nie3 t' -.e ri,,h+„ to otrerwis_ re.ulete .-:usiness or person herein reaul_ted, then and in such case such pe°son Or sue! iJusinoEs skai ::3 "OnOt from t1c provisions of tWz ordinance i.ncofar as the s0td cam'+.1fiction O:..id v. licorse fee or said reGulation of said business or person, by the City of Azusa, is so prohibited by the State of California or by the United States. (F) The provisions of this Ordinance shall not require a license fee to be paid by any pe -"son for en,aZing in comAerce with foreign nations or amon tAe several states or with the Indian Tribes, or by any clergyman or church or religious, fraternal, charitable, benevolent or public welfare society of the City of Azusa in activities carried on by him or it for religious, charitable or benevolent purposes, provided however that nothing in this section contained shall be deemed to exempt any such person from complying with the provisions of any Ordinance requiring such person to obtain a permit (but without payin6 a license fee) from the City Council or proper officer, to carry on any such business, or religious, charitable or benevolent activity. (C) A disabled war vateran shall not be charted a license fee under the terms of this ordinance, for en8a6ing in the business of "peddler" or "solicitor", provided such disabled war tietarnifirst furnishes to the license collector satisfactory evidence of honorable discharje from the United States Army, Navy, or Marine Corps, and furnishes like satis- factory evidence of not less than 301 service -connected disability computed in accordance with the then established rules; provided further, that such free license to such disabled war veteran shall be limited in time, and shall not in any event authorize such disabled war veteran to engage in such business for any period in excess of six months in any one year, and provided further that not more than one such license free of license fee shall be issued to or for the benefit Of such disabled war veteran in any one fiscal year. However, nothing .Ie:~ein contained shall relieve any disabled tear vateran of the necessity for obtaining a license, alt:iouoh same under the terms ie:eof may be free of fee. -10- SECTION 13. INTERSTATE CO211.'ERCE Every person claiming to be entitled to exemption from payment of any license fee provided for in this ordinance, upon the ground that such license fee or this ordinance casts an unlawful burden upon his ri3ht to engage in commerce with foreign nations or among the several states or with the Indian tribes, or conflicts with the regulation of interstate commerce by the United States, shall file a verified statement with the City Clerk of the City of Azusa, describing the interstate or other character of his business with regard to which such exemption is sought. Such statement shall state the name and location of the person for which orders are to be solicited or obtained, the names of the nearest local manager and of the State manager, if any, and their addresses, the kind of goods, wares or merchandise or service to be delivered or rendered, the place from which tie same are to be shipped or forwarded or done, the method of solicitatJDn or taking orders as well as of delivery or performance, the location of any warehouse, factory or plant within the State of California, the name and location of the residence of the applicant, and any other facts necessary to establish such claim of exemption. A copy of the order blanks, contract forms, or other papers used by such person in taking orders shall be attached to the affidavit. If it appears that the applicant is entitled to such exemption, such applicant shall forthwith be issued a free license. -11- SECTICI'. 14. REVOCATION Or LICE::SE The City Council of the City of Azusa, shall, upon good cause shown, have the ri:_,ht and authority to at any time revoke any license issued hereunder, after hearinG before said City Council first had, notice of wrich hearing shall be given the license holder not less than five days in advance of the date of said hearing, r.1ch notice mwy be served upon th= license holder either personally, or by posting same in a censpicious place on the builu*ng where the business of such license holder is conducted in the event the license holder conducts his business in a fixed, established place of business in the City of Azusa, or in any three conspicious plr_ces in the Cit? of Azusa In the event the license holder does not conduct his bus- iness in a fixed, established place in said city. The City Council of the City of Azusa reserves the ri3ht to so revoke any license. In the event of such revocation, the license holder whose license is revoked shall '.lave re- funded to him, upon his application therefor, that portion of the license fee theretofore paid by him as is proportion- ate to the unexpired period for v: ---',ch sai,3 license was issued. SECTIO1: 15. LICE'_;SE YOT TRA."SF'ERABLE No license granted or issued under any provision of this Ordinance shall be in any manner transferred or assn. ned, nor shall such license be held to authorize any person, other than the person t_Zerein .gamed or mentioned, to carry on the licensed business. SECTICR 16. EX I-31TING LICE- SE Every person '_aving a license under the provisions of this ordinance, for carrying on P. business at a fixed place, shall keep such License posted for exhibition, while in force, -12- in some conspicious part of said place of business. Every person so having a license, and not having a fixed place of business, shall carry such license with him at all times while carrying on the business for which the save is granted. Every person having a license shall produce and exhibit the same when applying for a renewal thereof, and whenever re- quested to do so b7 any police officer, or by any officer authorized to issue or inspect licences or to collect license fees. SECTIOA 17. FINGER PRITTS Whenever a license or permit is applied for by any, person engaging in a business classified 'rerein as a temp- orary business, re6ardlcss of the amount of license fee payable, therefor or whethcr or not any license fee is charge- able or payable, the person apolyinG for a license or permit for such temporary business shall be required to deliver unto the license fee collector hie finger prints ane. thumb prints, or if the person so applying for such license be not a natural person, then such applicant shall be required to leave e;tth the license collector the finger prints and thumb prints of the natural person •:rho performs the act of applying; for such license or permit. SECTION 18. CIVIL KID CRIP:i ,AL LIARI',ITY The amount of any license fee imposed by this Ord- inance upon any person liable to pay the sane, shall con- stitute a debt due from said person to the City of Azusa, and any person carrying on any lawful business in said city, id th- out having a license from aid city so to do, shz,ll be subject to an action in the name of the city in any court of competent -13- A jurisdiction for t.e collection of the amount of any licence fee by this ordnance imposed for twe conduct of such uusi- ness. The conviction and punishraent of any person for txans- aetinb any business without a license, shall,not excuse or exempt such person from tra payu.ent of any unp-i: license fees. iiothin6 herein shall prevent a criminal prosecution for any violation of ti_e provisions of thin Ordinance. SECTICN 19. DE::,A"DS OR ,'0TI"ES :'OT RCQT.'IRED :3o personal demands cr notices to any p^rson owing any license, fae or adc.itiona for delincu.;nciea hereunder, shall be necessary in order ti.ct such person incur or be c.larged with t_ze penalties of t?:is ordinance. SECTIO' 20. VICLATI^YS The carrying on by any person of any business as the sane is defined in this Crdirw,nce, r:it^out :iaving an unrevoked licence from said city so to do, valid end in effect at the time, and without complyin :•ith arV and all regulations of such buainess contained in tris Ordinance, shall be deemed unlawful .vnd a separate violation of tris C-Cinance for each. and every day t'iat such business is .so carried,on. SECTIO: 21. PE',ALTY Any person violating any of the provisions of this ordinance shall, for each violation thereof, be deemed. guilty of a misdemeanor, and upon conviction by any court of co:anetert Jurisdiction, shall be punishable by a fine of not more than 1200.00 or by imprisonment in 1,e Azusa City Jail or in t;_e Count,,, Jail of t' --e County of Los Anz,,eles for a period of not exceeding t:rirty days, or by both such fine and Imprisonment. -14- SECTIG, 22. C01'STT'_.'frICP:ALTMY If any section, sub -section., sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of the remainin portions of this ordinance. The City Council of the City of Azusa hereby declares that it would 1-"ve enacted this ordinance and each section, sub -section, sentence, clause or phrase thereof, irrespectiv.- of the fact that any one or more other sections, sub -sections, sentences, clauses or phrases be declared invalid or unconstitutional. SECT102 !3. REPEAL Ordinances number 284 and 290 and 310 and 315, here- tofore passed and adopted by tha City Council of the City of Azusa, and all other ordinances or part., of ordira.nees hereto- fore passed and adopted by said City Council of said City, shall be and the same are Y_er;,by repealed insofar only as said ordinances conflict or are inconsistent with t:1e provisions of this ordinance, which said r -:peal of said ordinances inso- far as same conflict or are inconsistent with this ordinrnce, shall be effective as of July 1, 1937. -15- SECTION 24. APPROVAL, ATTESTAT:OU AND PUBLICATION The nayor shall sign this Ordinance and Qe City Clerk shall attest same and certify to the passn6e, adoption and publication of the same and shall cause the casae to be published once, within fifteen days after its passage, in the Azusa Herald and Pomotropic, a reekly newspaper of general circulation published and circulated in the City of Azusa, which said newspaper is hereby designated for that purpose, and thereupon and thereafter Qirty days after its passage this Ordinance shall take effect and be in force. Passed, adopted and s proved " 17th day of Ray,1937. • WyV har es -Wo ar^, *.ayor f Azusa Attest: C/�� iA7 Mae A.Hynes,Clert'of the City oa. -16- STATE OF CALIFO AIA ) ) SS. COUTTY OF LOS A7GTLES ) 1j}AE.A.HY!ES, CITY CLERK OF THE CITY OF AZUSA, LOS ANGELES COUYTY, CALI.ORYIA, DO HEREBY CERTIFY that the foregoing Ordinance ties duly introduced at a regular meeting of the City Council of the City of Azusa held on May 3,1937, in the regular Council Chambers of said City Council in said city; that said Ordinance was placed upon its first reading at said regular meeting May 3,1937; that thereafter said Ordinance was duly and regularly passed and adopted by said Council, signed and approved by the Mayor and attested by the City Clerk of said city at a rejular meetin, of said Council so held in the regular Council Chambers at the next regular m eting of said City Council on May 17,1937, and that the same was passed and adopted by the following vote of the Council: Ayes: Councilmen; �0 hoes: Councilmen: h � awn' Absent: Councilmen! hry% - I do further certify that I caused said Ordinance to be published prior to the expiration of fifteen days from the passage thereof in the Azusa Herald and Pomotropic on Lay 20,1937, a newspaper of general circulation, printed, published and circulated in said City of Azusa, and that the same was published in accordance with law. ,a//C a , nes, IV Clerk of -We City of Azusa. -17-