HomeMy WebLinkAboutOrdinance No. 507 VITT 07 221 Z111JVA
ORDINANCE NO . 507
ri.
N ORDINANCE LICENSING THE TRANSACTION AND CARRYING
4N OF BUSINESSES, TRADES, PROFESSIONS, CALLINGS AND
ti CCUPA TIONS IN THE CITY OF A ZUSA, FOR THE PURPOSE OF
#.1 'AISING MUNICIPAL REVENUE AND PROVIDING A PENALTY
OR THE VIOLATION THEREOF, AND REPEALING PRIOR BUSINE t :'
ICENSE ORDINANCES NO. 326, 44i3• and 4{}5, AND ALL ORDINAN* �
o PARTS OrORDINANCES IN CONFLICT WITH THIS ORDINANC 2 k3. ,
►- TY COUNCIL OF AZUSA, CALIFORNIA, DOES ORDAIN AS "TOLL* .
SECTION 1. DEQ:INITIONS
(a) PERSON. As used in this ordinance, "person" shall mean all domestic
and foreign corporations, associations, syndicates, joint stock corporations,
partnerships of every kind, clubs, Massachusetts, business or common law
trusts, societies, and individuals transacting and carrying on any business in
the City of Azusa.
(b) BUSINESS. As used in this ordinance, "business" shall mean pro-
fessions, trades and occupations and all and every kind of calling carried on
for profit or livelihood.
(c) STREET. As used in this ordinance, "street` shall mean and include
every street, boulevard, avenue, highway, alley and road within the City of
Azusa, which has been or may hereafter be indicated as such and opened to
public use.
(d) a HEELED VEHICLE. As used in this ordinance, "wheeled vehicle"
shall mean and include automobile, truck, tank truck, trailer, wagon, cart
and any and all other contrivances used or capable o rbll on oone or more wheels.
used as a means of
transportation of persons or property, that move or
4 (e) WHOLESALE. As used in this ordinance,
sell olesale" shall mean and
to consumers, d not
include the sale of goods in gross to retailers
by retail, where not less than 75% of the gross business of the person engaged
I ess is at wholesale.
OUA RTER„ As used in this Ordinance, the term "guar " -hall mean
sly to the portion of a year as follows:
rst Quarter: July 1st to September 30th inclusive,
-cond ''carter: October 1st to December 31st inclusive;
bird Quarter: January 1st to March 31st inclusive;
ourth Quarter: April 1st to June 30th inclusive. a '
henever, in this Ordinance, a license fee is declared to =ble "guar-
-
or "per quarter", this shall refer to the computation of ' ount of the
fee, . . , - .• .,of payment. Al). fees are payable in advance for the re-
mainded : w �<<t
ear, and subsection (f) of this Section shall not be con-
strued
t _ "-nee of a license for less than the remainder of a cal-
endar o
SECTION 2. REVENUE MEASURE
This ordinance is enacted solely to raise revenue for municipal purposes,
and is not intended for regulation.
SECTION 3. SUBSTITUTE FOR OTHER
REVENUE ORDINANCES
Any person required to pay a license tax for transacting and carrying on any
business under this ordinance sha a relieved from the payment of any license
tax for the privilege of doing mess which has been required under any
• other ordinance of the City of a, but shall remain subject to the regula-
tory provisions of such other e. This section shall not apply to inspec-
tion fees.
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SECTION 4. EFFECT OF ORDINANCE ON
PAST ACTIONS AND OBLIGA-
TIONS PREVIOUSLY ACCRUED
Neither the adoption of this ordinance nor its superseding of any portion of
any other ordinance of the City of Azusa shall in any manner be construed to
affect prosecution for violation of any other ordinance coramit;ed prior to the
effective dat hereof, nor be construed as a waiver of any nicer se or any penal
provision applicable to any such violation nor be construed to affect the validity
of any bond or cash deposit required by any ordinance to be posted, filed, or
deposited, and all rights and obligations thereunto appertcin ng shall continue
in full force and effect.
SECTION 5,, LICENSE REQUIRED
There are hereby imposed upon the businesses, trades, pr.ofe?uioris, call-
ings and occupations specified in this ordinance license taxes it the amounts
hereinafter prescribed, and it s lu`21. be unlawful for any person to transact and
carry on any business, trade, profession, calling or occupation in the City of
Azusa, without first having procured a license from said City so to do or with-
out complying with any and all applicable provisions of this ordinance.
SECTION 6. BRANCH ESTABLISHMENTS
A separate license must he obtained for each branch establishment or loca-
tion of the business transacted and carried on and for each separate type of busi-
ness at the same location, and each license shall authorize the licensee to trans-
act and carry on only the business licensed thereby at the location or in the manner
designated in such license; provided that warehouses and distributing plants used
in connection with and incidental to a business licensed under the provisions of
this ordinance shall not be deemed to be separate places of business or branch
establishments.
SECTION 7. EXEMPTIONS
(a) CONSTITUTION OR STATUTES OF THE UNITED STATES OR OF THE
STATE OF CALIFORNIA. Ncthing in this ordinance shall be deemed or construed
to apply to any person transacting and carrying on any business exempt by virtue
of the constitution or applicable statutes of the United States or of the State of
California from the payment to municipal corporations of such taxes as are here-
in prescribed.
(b) CLAIM FOR EXEMPTION. Any person claiming an exemption pursuant
to this section shall file a verified statement with the City Clerk stating the facts
upon which exemption is claimed.
(c) LICENSE. The City Council shall, upon a proper showing contained in
the verified statement, direct the City Clerk to issue a license to such person
claiming exemption under subdivision (a) of this section without payment to the
city of the license tax requireI by this ordinance.
(d) REVOCATION. The City Council may revoke any license granted pur-
suant to the provisions of this section upon information that the licensee is not
entitled to the exemption as provided herein.
SECTION S. APPLICATION - CONTENTS
OF LICENSE
Every person required to have a license under the provisions of this ordin-
ance shall make application for the same to the City Clerk of the City of Azusa,
and upon the payment of the prescribed tax the City Clerk shall issue to such
person a license which shall contain (1) the name of the person to whom the li-
cense is issued, (2) the business licensed, (3) the place where such business is
to be transacted and carried on, (4) the date of the expiration of such license,
and (5) such other information as may be necessary for the enforcement of the
provisions of this ordinance.
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SECTION 9. NO LICENSE TRANSFERABLE:
AMENDED LICENSE FOR
CHANGED LOCATION
No license issued pursuant to this ordinance shall be transferable; provided,
that where a license is issued authorizing a person to transact and and carry on
a business at a particular place, such licensee may upon application therefor and
paying a fee of $1.00 have the license amended to authorize the transacting and
carrying on of°such business under said license at some other location to which
the business is or is to be moved.
SECTION 10. UNEXPIRED LICENSES
HERETOFORE ISSUED
Where a license for revenue purposes has been issued to any business by
the City of Azusa and the tax paid therefor under the provisions of any ordinance
heretofore enacted and the term of such license has not expired, then the license
tax prescribed for Said business by this ordinance shall not be payable until the
expiration of the term of such unexpired license.
SECTION 11. DUPLICATE LICENSE
A duplicate license may be issued by the City Clerk to replace any license
previously issued hereunder which has been lost or destroyed, upon the licensee
filing an affidavit attesting to such fact, and at the time of filing such affidavit
paying to the City Clerk a duplicate license fee of $1.00.
SECTION 12. POSTING AND
KEEPING LICENSES
All licenses must be kept and posted in the following manner:
(a) Any licensee transacting and carrying on business-at a fixed place of
business in the City of Azusa shall keep the licenseposted-in-a.conapic.uot s place-
upott:the prernisee where such business is carried on.
(b) Any licensee transacting and carrying on business but not operating at
a fixed. place of.business in the City of Azusa shall keep the license upon his
person at all times while-transacting and carrying on such business.
(c) Any licensee to whom a license has been issued for the operation of a 1
wheeled vehicle shall be issued by the City Clerk, in addition to the license cer-
tificate, a paper or metal license certificate and said certificate shall at all
times during the effective dates thereof be affixed to the windshield in the case
of a sticker, and on the rear of said vehicle in a conspicuous place in case of a
metal license plate.
SECTION 13. PENALTIES FOR FAILURE TO PAY
TAX WHEN DUE
For failure to pay an annual, semi-annual or quarterly license tax when due,
the City Clerk shall add a penalty of 10% of said license tax on the 10th day of
each month after the due date thereof; and or failure to pay a monthly, weekly or
daily license tax when due, the City Clerk shall add a penalty of 10% of said 1i-
cense tax on the day following the due date thereof,
SECTION 14. SWORN STATEMENT REGARDING
NUMBER ENGAGED IN BUSINESS
Whenever the license tax is determined or calculated upon a basis of the
number of employees, partners, associates or persons engaged in the applicants'
business or occupation, the following procedure shall be followed at the time of
applying for a license:
If applicant has not previously been engaged in business in the City of Azusa,
or has been so engaged for less than one year, he shall file with the City dlerk
a sworn statement setting forth the estimated average, number of persona he in-
tends to employ in connection with the operation of said business during the en-
suing year, and such estimated average number shall be used in arriving at the
amount of license fee to be paid.
If the applicant has been engaged in business in the City of Azusa continuously
for one year or more, he shall file with the City Clerk a sworn statement showing
the average number of,persons employed by or associated with him in connection
with,said busines.Wrinathe year prior to the date of making such application,
"' and said statement s allbe used by the City Clerk in determining the amount of
license fee to be paid for the next ensuing year. In determining such average
the number so associated with or employed by the applicant on the last business
day of each calendar month shall be added together and the sum ereo divided
by 12.
No such statement shall be conclusive as to the matters set forth therein,
nor shall the same preclude the City of Azusa from collecting by appropriate
action such sum as is actually due and payable hereunder. Each such statement
shall be subject to audit and verification by the City Clerk who is hereby author-
ized to cause an examination of such books and records of any licensee or appli-
cant as may be necessary to verify or ascertain the amount of license tax due,
and all licensees and applicants for licenses are hereby required to permit an
examination of such books and records for the sole purpose of securing data as
to the correct number of employees or associates, but for no other purpose.
If any person fails to file any required statement within the prescribed time,
the City Clerk may determine the amount of license tax due from and payable by
such person, by means of such information as he may be able to obtain. The
City Clerk shall give notice of the amount assessed by serving it personally or
by depositing it in the United States Post Office at Azusa, California, postage
prepaid, addressed to the person so assessed at his last known address. Such
person may within 10 days after the mailing or serving of such notice make
application in writing to the City Clerk for a hearing on the amount of the license
tax. If such application is not made within the time prescribed, the assessment
shall become final, and if such application is made within the time prescribed,
the City Clerk shall cause the matter to be set for hearing before the City Council.
The City Council shall consider all evidence produced, and the amount of the li-
cense tax so determined by the City Council shall be the amount due and payable
for such license.
SECTION 15.1 LICENSE TAX
WHOLESALE
Every person engaged in the business of selling goods, wares or merchan-
dise at wholesale, and every person engaged in the business of manufacturing,
processing or fabricating goods, wares or merchandise, unless otherwise in
this ordinance expressly provided, shall pay an annual license tax computed as
follows: $18.00 for each business employing five (5) persons or less, and a
fee of $25.00 per year for each business employing more than five (5) persons.
SECTION 15.2 LICENSE TAX
RETAIL
Every person engaged in the business of selling to the general public at
retail, goods, wares, merchandise or commodities, including restaurants and
other food dispensers, unless otherwise in this ordinance expressly provided,
shall pay an annual license tax computed as follows: $18.00 for each business
employing five (5) persons or less and a fee of $25.00 per year for each business
employing more than five (5) persons.
..,,. SECTION 15. 3 LICENSE TAX
SERVICES
SECTION 15.3a CONTRACTORS, BUILDERS, ELECTRICIANS,
PLUMBERS, ETC. - FEE
Every person who is engaged in the business of: general contractor or builder,
$36. 00 per annum or fraction thereof. Every person who is engaged in the
business of sub-contracting, including electrician, plumber, painter, etc. ,
the sum of $24.00 per annum or fraction thereof.
SECTION 15.4 HEELED VEHICLES
FOR HIRE-FEE
Every person engaged in the business of running, driving, operating any
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wheeled vehicle for the transporation of passengers for hire shall pay a license
tax of $6. 25 per quarter for each vehicle so used.
SECTION 15,5 OIL TRUCKS ETC. -FEE
Every person, who, in conjunction with the business in which such person
is engaged, runs, drives or operates any wheeled vehicle for the purpose of
hauling, peddling, distributing, selling, receiving or delivering oil, gas, cas-
inghead gas or other hydro-carbon substances, in bulk, tank, drums, cans or
otherwise, shall pay a quarterly license tax as follows:
(a) Persons having a fixed place of business in the City of Azusa, the sum
of $6. 25 for each vehicle so run, driven or operated.
SECTION 15.6 'WHEELED VEHICLES - FEE
Every person, who, in conjunction with the business in which such person is
engaged, runs, drives or operates, and every person engaged in the business of
running, driving or operating, for hire or otherwise, any wheeled vehicle for
the purpose of hauling, peddling, distributing, selling, receiving or delivering,
and who actually hauls, peddles distributes, sells, receives or delivers within
the City of Azusa, for resale, or otherwise, personal property of any kind, na-
ture or description, unless otherwise herein provided, shall pay a license tax
of $6. 25 per quarter for each such wheeled vehicle so run, driven or operated;
provided, that the provisions of this paragraph, unless otherwise in this ordin-
ance provided, shall not apply to any person having a fixed place of business
within the City which has been licensed under this ordinance, and in the usual
course of business, uses a wheeled vehicle or vehicles for the delivery of per-
sonal property which has been sold from said place of business.
SECTION 15.7 SELLING BAKERY PRODUCTS
FROM WHEELED VEHICLE - FEE
Every person, including persons having a fixed place of business in the City,
engaged in the business of selling at retail, bread or other bakery products from
a wheeled vehicle, over a fixed route, from door to door, or otherwise upon the
streets, shall pay a license tax of $15. 00 quarterly for each vehicle so used.
SECTION 15.8 SELLING ICE, VEGETABLES AND
COMMODITIES FROM yid HEELED
VEHICLE - FEE
Every person, including persons having a fixed place of business in the
City, engaged in the business of selling at retail ice, vegetables, fish, food
products or other commodities not otherwise herein expressly provided for from
a wheeled vehicle over a fixed route, from door to door, or otherwise upon the
streets, shall pay a license tax of $6.25 per quarter for each vehicle so used.
SECTION 15.9 SELLING ICE CREAM, ETC. FROM
WHEELED VEHICLE - FEE
(a) OVER A FIXED ROUTE.
Every person, including persons having a fixed place of business in the City,
engaged in the business of selling ice cream or ice cream mix, ice milk or ice
milk mix, or sherbet or sherbet mix, or other frozen products other than ice,
at retail, from a wheeled vehicle, over a fixed route from door to door, or
otherwise upon the streets, shall pay a license tax of $10. 00 per quarter for each
vehicle so used.
(b) TO MERCHANTS FOR RE.SJLE.
Every person, including persons having a fixed place of business of selling
ice cream or ice cream mix, ice milk or ice milk mix, or sherbet or sherbet
mix, or other frozen products, other than ice, to merchants for resale from a
wheeled vehicle, shall pay a license tax of $6.25 per quarter for each vehicle
so used.
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SECTION 15.10 MEDICINE PEDDLER, ETC. - FEE
Every person, not having a fixed place of business in the City, engaged in
the business of selling, offering for sale or peddling patent medicine, medicinal
remedies or any pharmaceutical or biological product shall pay a license tax
of $15.00 per quarter, provided that if such person uses music, musical in-
struments, loud speaker, or any other device or method for the purpose of
entertainment or attracting crowds, such person shall pay a license tax of
$37. 50 per quarter.
SECTION 15.11 LAUNDRIES AND DRY CLEANING
ESTABLISHMENTS AND TRUCKS - FEE
(a)\\Every person, engaged in the business of conducting a place or plant in
the City,°apparel, linens, or any material that is knit, woven or shaped from
fibers, are washed, cleaned or renovated with the use of water, by any kind of
power-driven equipment shall pay a license tax of $13. 00 dellioannually if there
are five (5) or less employees, or $25.00 if there are more than five (5) regular
employees.
(b) Every person engaged in the business of soliciting for, or collecting,
receiving or delivering wearing apparel, clothes, rugs, or any cloth or material
that is knit, woven or shaped from fibers and cleaned or renovated by any process,
by, for, or on account of any laundry plant or combined laundry and dry-cleaning
establishment, or establishment not having a fixed p1a siness in the City,
where such person receives compensation for such se Cher by way of
fixed salary or commissions, shall pay a license tax o quarterly.
(c) Every person engaged in the business of soliciting for or collecting,
receiving or delivering wearing apparel, clothes or any cloth or material that
jtjknit, woven or shaped from fibers and cleaned or renovated by any dry-
leaning process, not including a laundry or laundering process, for or on account
of any dry-cleaning plant or establishment not having a fixed plac siness
in the City, where such person receives compensation for such s, either
by way of fixed salary or commissions, shall pay a license tax of 'quarterly.
SECTION 15.12 VENDING MACHINEES - FEE
Every person engaged in the business of, or who in conjunction with any
other business, uses, operates or maintains vending machines for the sale of
goods, wares or merchandise, shall pay an annual license tax as follows:
If such machine operates for 1', the sum of $. 50 per machine; if such ma-
chine operates for more than 1 and less than 11 , the sum of $1.00 per machine;
and for all machines which operate for more than 104 the sum of $2. 50 per ma-
chine.
SECTION 15.13 WEIGHING AND PLEASURE MACHINES-FEE
(a) Every person engaged in the business of, or who in conjunction with
any other business, uses, operates, rents, leases, hires or maintains any
weighing machine, shall pay a license tax of $1.00 per annum for each such
weighing machine.
(b) Every person engaged in the business of, or who in conjunction with
any other business, uses, operates, rents, leases, hires or maintains any ma-
chine, device, apparatus, table, game, music box, phonograph, radio or tele-
vision, used or played by the public solely for amusement, pleasure or enter-
tainment purposes, which is operated by the deposit of a coin or slug in any
slot, shall pay the following license tax: $25.00 per annum for each such ma-
chine, device, apparatus, board, table or game, and $15. 00 per annum for each
such music box, phonograph, radio or television.
(c) This ordinance does not authorize and no license shall be issued for
any machine, device, apparatus, board, table, game, music box, phonograph,
radio or television, the use or operation of which is prohibited by law nor for
use upon any public street, highway, parkway or alley.
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SECTION 15.14 AUCTION SALT; - FEE
Every person engaged in the business of maintaining, conducting or carry-
ing on a auction sale of goods, wares, merchandise or real estate, or of real
or personal property of any kind at public auction shall pay a license taX of
per day.
SECTION 15.15 OUTDOOR ADVERTISING, ETC. - FEE
Every person, engaged in the business of constructing, erecting, installing,
maintaining or operating outdoor advertising, advertising structures, bill boards,
advertising signs, painted signs on structures, sign boards, or similar devices,
shall pay a license tax of $1.00 per square foot per annum for each such bill
board, advertising sign, sign board or sign device so constructed, erected, in-
stalled, maintained or operated; provided, that the provisions of this section
shall not be deemed to apply to signs affixed to the building or on the land on
which a licensed business is being operated, which sign or signs refer only to
such business, nor to "for sale" or "for rent" signs on real estate.
SECTION 15.16 BANKRUPT SALES, ETC. - FEE
Every person engaged in the business of owning, opening, establishing, man-
aging, operating, maintaining, or having charge of any temporary location
or
place of business of any kind for the sale of any insolvent bankrupt, fire, dam-
aged or other similar goods, wares or merchandise, and every itinerant or tran-
sient merchant having a temporary place of business, but not having any continuous
or permanent place of business in the City,r' ryoods$ewares or.ells or fers for sale,merchandise,ashall
in-
solvent, bankrupt, fire, damaged oro
pay a license tax of411110111. per day.
SECTION 15.17 CIRCUS, ETC. - FEE
Every person engaged in the business of exhibiting, conducting, managing or
operating a circus, wild west show, carnival, or other exhibition or entertain-
ment at which feats of horsemanship, acrobatic feats, mechanical amusement,
devices, or trained or wild animals are exhibited or displayed, or other similar
show or exhibition, shall pay a license tax of $150. 00 for the first day and $50.00
for each additional day.
SECTION 15.1E THEATRICAL PERFORMANCE - FEE
Every person engaged in the business of exhibiting, conducting, managing
or carrying on any traveling theatrical show or performance, such as comedy,
spoken drama, opera or concerts, and which is performed under or surrounded
or partially enclosed by canvass, shall pay a license tax of $10. 00 for the first
day and $5. 00 for each additional day.
SEECTION 15.19 DEVICES AND CONTRAPTIONS, ETC. -FEE
Every person engaged in the business of exhibiting, showing or letting the
use of any microscope, phonograph or any kinetoscope, giograph, projectoscope
or other instrument or machine of like character, lung tester, muscle tester,
galvanic battery, weighing machine, ball, knife or ring throwing, and all devices
or contraptions of a similar nature, shall pay a license tax of $1.00 per day for
each such device or contraption.
SECTION 15.20 MOTION PICTURE THEATRE - FEE
Every person engaged in the business of conducting, managing or operating
a motion picture theatre where an admission fee is charged, shall pay an an-
nual license tax which shall be determined by multiplying by l04 the number of
seats available for spectators in such theatre.
SECTION 15,21 TRAILER CAM -FEE
Every person engaged in the business of managing or operating an automo-
bile trailer camp shall pay an annual license tax based upon the number of
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parking spaces or units available for the parking of trailers as follows: 10 trailer
units or less, $50.00; more than 10 units and not exceeding 20 units, $75. 00;
more than 20 units and not exceeding 30 units, $100. 00; more than 30 units and not
exceeding 40 units, $125. 00; more than 40 units and not exceeding 50 units,
$150. 00; more than 50 units and not exceeding 75 units, $175. 00; more than 75
units and not exceeding 100 units, $200.00; over 100 units, $225.00.
SECTION 15. 22 TAKING MOVING PICTURES- FEE
Every person engaged in the business of taking motion pictures, and who
uses or occupies any street, or any portion thereof, in connection with the taking
of motion pictures, where such pictures are intended to be shown in theatres
where admissions are charged, shall pay a license tax of $25.00 per day.
SECTION 15. 23 ADVERTISING ON V/HEELED VEHICLES FEE
(a) Every person engaged in the business of operating, and who operates
upon the streets, any wheeled vehicle equipped with music or a musical device,
loud speaker, or other device for attracting attention shall pay a license tax of
$5. 00 per day for each vehicle used., except those businesses licensed under
Section 15.9 of this Ordinance.
(b) Every person engaged in the business of operating, and who operates
upon the streets any wheeled vehicle for advertising purposes and to which
wheeled vehicle there are attached signs, placards, billboards or other adver-
tising matter shall pay a license tax of $5. 00 per day for each vehicle so used.
(c) Every person engaged in the business of operating and who operates
upon the street, any wheeled vehicle equipped with a searchlight for attracting
attention shall pay a license tax of $2. 00 per day for each vehicle so used.
SECTION 15. 24 SELLING BALLOONS, ETC. ON STREET - FEE
Every person engaged in the business of selling upon the streets flags,
balloons, banners, canes, horns, trumpets, musical or noisemaking instru-
ments, toys, buttons, badges, serpentine or souvenirs of any kind, shall pay
a license tax of $10.00 per day.
SECTION 15.25 BILLIARD ROOM, BOW LING ALLEY-FEE
(a) Every person engaged in the business of operating any public billiard
room or public pool hail shall pay an annual license tax of $5. 00 for each table
operated, maintained or provided for use in playing the game of billiards or
pool. Provided, however, that in no event shall the maximum annual license
tax exceed the sum of $200. 00.
(b) Every person engaged in the business of operating any bowling alley
shall pay a license tax of $25. 00 per annum, which shall permit the operation of
one alley, and a further license tax of $5. 00 per annum for each additional alley.
Provided, however, that in no event shall the maximum annual license tax ex-
ceed the sum of $200. 00.
(c) Provided however, that where both a public billiard room or public pool
hall are operated by the same person at the same location or establishment, the
maximum annual license tax shall not exceed the sum of $200. 00 for the said
location or establishment.
SECTION 15.26 SI-I'3OTING GALLERY ETC. - FEE
Every person engaged in the business of operating any shooting gallery or
skating rink shall pay a license tax of $50.00 per annum.
SECTION 15.27 'v,'R LSTLING MATCH, ETC. - FEE
Every person engaged in the business of operating any place to which the
public is admitted, and an admission fee is charged, and at which any boxing or
wrestling match or exhibition is conducted, presented or carred on, shall pay a
license tax of $150. 00 semi-annually.
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SECTION 15, 28 HOTELS AND MOTEL: - FEE
Every person engaged in the business of conducting or operating any hotel
or motel, or engaged in the business of renting or letting rooms, apartments,
suites of rooms, or other accommodations for dwelling, sleeping, housekeep-
ing or lodging in any such place, other than as set forth in section illiMilVbelow,
shall pay a license tax as follows:
(a) From 1 to 15 units, $18. 00 per year.
(b) Over 15 units, $18. 00 plus $1. 00 for each unit over 15, per year.
SECTION 15.29 APARTMENT MOUSES, HOUSE COURTS, SUNGA LO VV
COURTS, BOARDING HOUSES, ROOMING HOUSES,
LODGEING HOUSES - FEE
Every person engaged in the business of conducting or operating any rooming
house, boarding house, apartment house, lodging house, house coumorn or s n alow
court, or engaging in the business of renting or letting rooms, apa
or
other accomodations for oreinlotel sleeping,
shall pay aolicense t ax as follows:ing or g in any such
place, other than a hotel ,
(a) From 1 to 3 units - no tax.
(b) Four to 10 units, inclusive, $10. 00 per year.
(c) Over 10 units, $10. 00 plus $1. 00 for each unit over 10, per year.
SECTION 15. 30 SOLICITORS, ETC. - FEE
business in the City, who travels
Every person, not having a fixed place of b u
from place to place, or house to house, and makes demonstrations
of,,aors,or omers,
takes orders or canvasses for the sale of, or who sells, any goods,
chandise, subscriptions to periodicals or magazines, or things or articles of
value of any nature, kind or description, shall pay a license tax of $5.00 per
day; $10.00 per we ek; $25.00 per month; $100.00 per year.
"Every person applying for a solicitor's license shall make written applica-
tion to the City Clerk therefor, which application shall set forth the names and
addresses of the applicant; the anme and address of the employer of such appli-
cant, if he has one; the nature of the business of such employer and the nature
of the product for which the petitioner will solicit,
The applicant shall also file with his application an affidavit setting forth
his citizenship status; that he has not been convicted of a felony and the place
of his or her residence showing the address thereof during a period of two years
last prior to the date of the application. That after said application has been
filed, the City Clerk shall investigate the applicant and the statements in said
application contained, which investigation shall not exceed a period of one week.
If, upon such investigation, it is found that the statements set forth in said appli-
cation are true, license may be issued, and if, on the other hand, they are found
to be untrue in any material manner, application for license may be denied. In
the event the City Clerk shall refuse to issue a license to applicant, such appli-
cant may appeal from the decision of the City Clerk to the City Council of the
City of Azusa by filing a written notice of said appeal in the office of the City
Clerk within five days after notification by the City Clerk that his application
for license has been denied. "
SECTION 15.31 DISTRIBUTION OF HAND BILLS
Distribution of hand bills, samples or other advertising mediums,
data or
matter from house to house or from place place (except the distribution of
complete newspapers holding a Second Class
Pestrbated in such rmit under United
tat is s sesta
l
Regulations, provided rovided such newspapers
be
forth in said Second Class Permit), a daily license fee of $5.00, or an annus
license fee of $24.00.
-9-
SECTION 16 CERTAIN LICENSES TO BE
APPROVED BY CITY COUNCIL
No license shall be issued by the City Clerk for any of the business set
forth in Sections 15.4, 15.10, 15.14, 15.15, 15. 16, 15.17, 15.18, 15.19, 15.21,
15. 24, 15. 25, 15. 26, 15. 27, 15. 30, of this ordinance, or other place of amuse-
ment, exhibition or entertainment for which a license is required under this
ordinance, without the approval of, and a permit from, the City Council, The
City Council may impose such terms, conditions and restrictions upon the opera-
tion, management and conduct of said businesses, not in conflict with any paramoun
law, as said Council may deem necessary or expedient for the protection of the
health, safety and welfare of said City and its inhabitants.
SECTION 17 EXEMPTIONS
FARMERS - POULTRY MEN.
The provisions of this ordinance shall not be deemed to include or apply to
farmers, pultry men, or horticulturists, who may sell exclusively their own
produce. This exemption shall not apply to nurseries or other commercial
establishments which buy goods for resale as 'Nell as selling their own goods.
OTHER 21 R53N EXE1V<.w'a D
(a) In the event that by law or lawful regulation of the State of California or
of the United States, the City of Azusa is at any time denied the right to collect
any license fee herein provided for, or denied the right to otherwise regulate
any business or person herein regulated, then and in such case such person or
such business shall be exempt from the provisions of this ordinance insofar asthe
said collection of said license 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.
•
(b) The provisions of this Ordinance shall not require a license fee to be
paid by any person for engaging in commerce with foreign nations or among the
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 activites 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 paying a
license fee) from the City Council or proper officerto carry on any such business,
or religious, charitable or benevolent activity provided all profits from such
activities revert to the organization or society herein mentioned.
(c) A disabled war veteran shall not be charged a license fee under the
terms of this ordinance, for engaging in the business of "peddler" or "solicitor",
provided such disabled war veteran first furnishes to the license collector sat-
isfactory evidence of honorable discharge from the United States Army, Navy,
or Marine Corps, and furnishes like satisfactory evidence of not less than 30%
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 herein contained shall relieve any dis-
abled war vetern of the necessity for obtaining a license, although same under
the terms hereof may be free of fee.
SECTION 18 REVOCATION AND SUSPENSION OF PERMIT
Any permit granted pursuant to the provisions of this ordinance may be,
by the City Council, revoked or suspended, as in its discretion may seem just
and equitable, or for any reason for which the granting of such permit might be
lawfully denied. Such revocation or suspension shall be made only upon a hearing
granted to the holder of the permit before the City Council after not less than
five (5) days written notice to such permit holder, stating the grounds of com-
plaint and stating the time and place where such hearing will be held. In the
event of such revocation or suspension, any license or other certificate issued
in connection with the granting of such permit shall, by the holder thereof, be
_in_
forthwith surrendered to the City Clerl Such heaxing may, by the Council, be
continued over from time to time, and its findings shall be final ani conclusive
on the matter. Such revocation or suspension of any permit shall be in addition
to other penalties more specifically provided in tlis ordinance.
SECTION 19. REFUND :THEN PERMISSIBLE
No refund shall be made on any license issued in accordance with the pro-
visions of this ordinance, unless the conducting, managing or carrying on of
such business as provided in such license, shall become unlawful, either by
act of the Ctiy Council, or by act of some other legislative body having juris-
diction therein, or when payments thereon have been erroneously made by the
licensee.
SECTION 20 LI CIES"E DOES NOT PERMIT BUSINESS
OTHER 'IS : PROHIBITED
The payment of a license tax required by the provisions of this ordinance
and its acceptance by the City and the issuance of the license to any person,
shall not entitle the
holder thereof to carry on any business in or on any building,
or premises designated in such license, in the event that such building or prem-
ises are situated in a zone or locality in which the conduct of such business is
in violation of any zoning or other law or ordinance.
SECTION 21 ENFORCEMENT
It shall be the duty of the City Clerk, and he is hereby directed to
each and all of the provisions of this ordinance, and the Chief of Police shallenforce
render such assistance in tf
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� ac:'.. ..� ti - .raxr ..,+ .,: ns .. „.<s. s,a ,.. cy ez ' ,?�„s'.y.s t.,.,,.$c ^ ti«s�a
i.i o e icense certi ie ate. ' fly person aving such license certificate there
tofore issued in his possession or under his control, who willfully fails to exhibit
the same on demand shall be guilty of a misdemeanor and subject to the penalties
provided for by the provisions of this ordinance. It shall be the duty of the City
Clerk and each of his assistants to cause a complaint to be filed against any and
all persons found to be violating any of said provisions.
SECTION 22 LICENSE A DEBT
The amount of any license tax and penalty imposed by the provisions of this
ordinance shall be deemed a debt to the City of Azusa, and any person carrying
on any business without.first having procured a license from said City so to do
shall be liable to an acton in the name of said city in any court of competent
jurisdiction, for the amount o€ license tax and penalties imposed on such business.
SECTION 23 BOTH CRIMINAL AND CIVIL ACTION AUTH-
ORIi ED FOR FAILURE TO PAY LICENSE TAlf
The conviction and fine or imprisonment of any person for engaging in any
business without first obtaining a license to conduct such business shall not re-
lieve such person from paying the license tax to conduct such business, nor shall
the payment of any license tax prevent a criminal prosecution for the violation
of any of the provisions of this ordinance. All remedies prescribed hereunder
shall be cumulative and the use of one or more remedies by the City shall not
bar the use of any other remedy for the purpose of enforcing the provisions hereof.
SECTION 24 PENALTY FOR VIOLATION
Any person violating any of the provisions of this ordinance or knowingly or
intentionally misrepresenting to any authorized officer of this City any material
fact in procuring the license or permit herein provided for, shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be punishable byaa
fine of not more than $500.00 or by imprisonment in the City Jail or County Jail
of Los Angeles County for a period of not more than six months or by both such
fine and imprisonment.
SECTION 25 SEVERABILITY
If any section, subsection, sentence, clause, phrase or portion of this or-
dinance 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 this ordinance. The City Council of the City hereby
declares that it would have adopted this ordinance and each section, subsection,
sentence, clause, phrase or portion thereof, irrespective of the fact that any
one or more sections, subsections, clauses, phrases, or portions be declared
invalid or unconstitutional.
SECTION 26 REPEALS
Ordinance No. 326, adopted and approved May 19, 1937, and entitled " An
Ordinance of the City of Azusa licensing for the purpose of revenue and regulation,
all and each kind of business carried on in said City; prescribing the penalty for
violations of this ordinance, and repealing as of July 1, 1937, Ordinance No. 284,
Ordinance No. 290, Ordinance No. 310, Ordinance No. 315 and all other ordinances
or parts of ordinances, insofar only as any of the provisions of same conflict here-
with and all ordinances amendatory thereof are hereby repealed; provided, however,
that any such repeal shall not affect or prevent the prosecution and punishment of any
person, firm or corporation for any act done or committed prior to the effective
date hereof. in violation of any ordinance which is repealed hereby.
SECTION 27 EFFECTIVE DATE
This ordinance is hereby declared to be an urgency measure necessary for
the immediate preservation of the public peace, health and safety, and shall take
effect and be in full force immediately upon its adoption, a declaration of and
the facts constituting its urgency being as follows:
The present license tax ordinance contains certain inequalities between
persons engaged in various types of business, which so far as reasonable should
be equalized, and it is urgently needed to make proper provision for municipal
revenue without which the City and its departments cannot function.
The City Clerk shall certify to the adoption of this ordinance, and shall
within fifteen (15) days after the passage and adoption thereof, cause the same to
be published once in the Azusa Herald, a newspaper of general circulation pub-
lished and circulated in said City of Azusa.
Introduced this 12th day of June, , 1956 .
Passed and adopted as an ordinance of the City of Azusa at a regular meeting
of the City Council of said City on the 18th day of June , 1 -76 •
by the following votes:
AYEa Co.:uc; linen: Fawce',. G.t tuno , Romero, Johnson,
Memo oho i.reo
NO E,.,.
AB&ENT: )H3fl0l lmen : Non,.
Mayor .1... ~
ATTEST:
-12-
STATE OF
CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF AZUSA )
I, = ` �' City Clerk of the City of Azusa, Los
Angeles County, California, do hereby certify that the fore-
going ordinance was duly introduced at a regular meeting of
the City Council of the City of Azusa on the 1?trh day of
�� f' ,195 and was duly and regularly passed and
adopted by the City Council, signed and approved by the
Mayor, attested by the City Clerk, at a regular meeting held
on the — ��'� day of °� 195 that the same was
passed and adopted by the following vote of the : � R .. ��
` :
AYES: COUNCILMEN: p
�1 To t Ort' � .�s� �
�,.. r;;
a
NOES: COUNCILMEN: Norle
: ,
ABSENT: COUNCILMEN: �`0�� '
I do further certify that I caused said
published prior to the expiration of fifteen �
passage thereof in the Azusa Herald and Pomo
of general circulation, printed, published
x
a
the City of Azusa, on the day of __
and that the same was published in accordant , r::llt::::g*::.'k;.'t;4:::' - ''t
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