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HomeMy WebLinkAbout0075Nr, t- ,u ORDINANCE NU1,11BER —(NEW SERIES) . AB ORDINANCE LICENSING AND REGULATING THE DOING OF CERTAIN ACTS Ma THE CARRYING ON OF UERTAIN TRADES, CALLINGS, BUSINESS, PROFESSIONS AND OCCUPATIONS WITHIIJ THE CORPORATE LI1d1ITS OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AND PRESCRIBIfIG PENALTIES IFOR THE VIOLATION TH]SREOF. Be it ordained by the Council of the City of San Luis Obispo, as follows:- Section 1. It shall be unlawful for any person, whether as principal or agent, clerk or employee, either for himself or any other person, or any body corporate, or otherwise, or as officer of any corporation, to commence, carry on or engage in any trade, calling, business, profession or occupation in this ordinance specified, or to do any thing for the doing of which a license is herein provided to be procured, without first having procured a license from said City so to do, and each and every day or fractional part of a day that said trade, calling, business, profession or occupation in this ordinance specified is conducted, carried on or engaged in, or said thing done, without such license, shall constitute a viol- ation of this ordinance, and any person who shall violate any of the provisions of this ordinance or who shall for himself.or for any other person or persons, or for any body corporate, or otherwise, commence, carry on, engage in or conduct any trade, calling, business, profession or occupation or do any thing aforesaid, without first having procured such license, shall, for each violation of this ordinance, be deemed guilty of a misdemeanor, and, upon con- viation by any Court having jurisdiction thereof, shall be fined therefor in a sum of not less than ten (10.00) Dollars, and not more than three hundred (44300.00) Dollars, or be imprisoned for a term not exceeding thirty (30) days, or shall suffer both such fine and imprisonment, and the amount of such license shall be deemed a' debt to the said City of San Luis Obispo.,.ana-such person shall be liable in an action in the name of the City of San Luis Obispo, in any Court of competent juri-didtion, for the amount of the license of such trade, calling, business, profession or occupation as he shall or they may have been engaged in, with costs,of suit. Provided, however, that arrest rrest and conviction hereunder shall not be construed as a waiver of the right of said.City to bring Suda civil action, nor shall the bringing.of such civil action release the defendant therein, or any other person, from such criminal prosecution. Section 2. It shall be the duty of the pity Clerk to - prepare and issue a license under this ordinance for every.person'. firm and corporation liable to pay a license hereunder. Each license shall state the amount thereof, the period of time covered thereby., the name of the person, firm or corporation for whom issued, the trade, calling, business, profession, occupation or thing licensed, and the location,of the place of business, if any, where such trade, calling, business, profession or occupation is to be carried on or thing done. Said City Clerk shall sign and deliver the same to the.City Collector for collection and take his receipt for the amount thereof.* In no case shall any mistake by the City, Clerk or City Collector in stating the amount of a license or in ,preparing or issuing the same, prevent or prejudice the collection by the City of what shall be actually due, from any one carrying on a trade, calling, business, profession or occupation or doing any thing subject to license under this. ord-inance.. Section 3. All licenes shall be paid in advance in lawful money of the United States of America, at the office of the City Collector. 2. A separate license must be obtained for each branch establishment or separate place of business in which the trade, calling, business, profession or occupation is carried on, and each license shall author - ize the party obtaining it to uarry on, pursue or conduct only that trade, calling, business, profession or occupation described in such license, and only at the location or place of business which is indicated thereby.. The monthly licenses in this ordinance provided shall be due and payable to the City on the first day of each calendar month, in advance, from all persons who have for the previous month been licensed to carry on the same trade, calling, business, profession or occupation,*and from all persons who have not been licensed for the previous month for the same trade, calling, business, pro- fession or occupation, the license shall be due and payable and must be procured by such persons before commencing to carry on such trade, calling, business, profession or occupation. The quarterly licenses in this ordinance provided shall be due and payable to the City on the first days of January, April, July and October, and all such licenses shall expire with the last days of March, June, September and December of each year. tmtxtjm ftlr The weekly licenses in this ordinance provided shall be due and payable to the City on the lJonday of each week in advance. The daily licenses in this ordinance provided shall be due and payable to the City each day in advance. The annual licenses in this ordinance provided shall be due and payable td the city at the.times spbcified herein respectively, or when not so specified, on the first day of July of each year. No greater or less amounts of money shall be charged or received for any licenses than are provided in this ordinance, and 0 no license shall be sold or issued for any period other than as provided in this ordinance. Section 4. The City Clerk must prepare and have printed- licenses of all classes mentioned in this ordinance for such terms as are herein authorized to be issued, with a blank receipt attached for the signature of the City Collector when issued, in substantially the.following form. "No CITY LICENSE City of San Luis Obispo. having paid into the City Treasury Dollars, License is hereby granted to transact the business of at No. Street, in the City of San Luis Obispo, California, for the period of ending in conformity with thenprovision.s of the Ordinances of said City. Dated Received cified for said License. City Clerk. , lg , the sum above spe- City Collector." The licenses so prepared by the City Clerk shall be bound in books of suitable.size and shall have a stub corresponding thereta which shall remain in the book after issuance. On this stub shall be noted the number of the lieense, the date thereof, to whom issued, for what, the time when it expires, and the amount paid. It shall also bear a receipt and a statement to be signed by the licensee under oath, substantially in the following form, to wit; "Received the above mentioned License from the City Collector of the 1 • 0 to City of San Luis Obispo, Cal., to whorl the above mentioned sum has been paid on this date. There has been no material change that,would affect the amount of license to be paid, for which said license was issued, since the last statement thereof has been made. Subscribed and sworn to before me this day of , 19 City Clerk." Section 5. The City Clerk must keep an account with the City Collector of all licenses delivered to him, issued or returned un- issued by him; a correct 'statement of the Collector's license account must be certified to the City Council each month by the City Clerk. But the City Clerk shall not give the City Collector credit for, nor shall the City Col ector be entitled to have credit for any unissued license without first procuring the cancellation thereof by and through the City Council, Section 6. All licenses shall be issued for the term of three months unless otherwise provided and specified in this ordinance. Section 7. When.a license that is payable quarterly is issued- in the first month of any quarter, the full quarterly license fee shall be paid; when issued in the second month of any quarter, two - thirds of the full quarterly license fee shall be paid;,when issued in the third month of any quarter, one -third of the full quarterly license fee shall be paid. Provided however, this shall not apply to cases where the payment of the full quarterly license fee is required, and provided also, that where the person procuring such license shall prior to the issuance thereof have been engaged within the corporate limits of said city in the.business, calling, trade, profession or occupation for which said license is issued to him, without having actually procured and paid for the proper license I under the terms hereof, such person shall pay the full license fee for the period, subsequent to December 31st, 1919, during which he has been so engaged in such business, trade, calling, profession or occupation Lnz�- ^ ection 8. ' Wqh ! a licence h t is payable annually is issued in the first quarter of any year, the full annual license fee shall be paid; when issued in the second quarter of any year three - fourths of the full annual license fee shall be paid; when issued in the third quarter of any year, one half of the full annual license fee shall be paid, and when issued in the fourth quarter of any year, one - fourth of the full annual license fee shall be paid., Provided however, this shall not apply to cases where the payment of the full annual license fee is required.. Section 9. The City Collector shall on the last day of each month before 12 o'clock, Noon, pay to the City Treasurer to the credit of the.General Fund, all license fees collected by him during said month; provided that if the last day of the month falls upon a Sunday, or a legal holiday, then such payment must be made on the day preceding, before the hour herein specified. Section 10. In all cases where the amount of license fee is determined by the amount of the average monthly sales or the amount of business transacted or upon the average nurnber of men employed or the number of wagons or other vehicles used, or the Number of tables or other appliances used or maintained, or the number of rooms in any building or used in any business, it shall be the duty of the City Collector-to require such person or his agent or attorney, or a member of such firm, or the'President, secretary or managing agent of such corporation to make a statement in writing and under oath of the total amount of receipts for sales, or of business transacted, or of the average number of men employed by such person firm or corporation during the license period next J preceding the date of such statement, or as estimate of the same for the succeeding three months if they have not already been engaged in such business, or the nu..:ber of wagons or other vehicles used, or the number of tables or other appliances used or maintained, or the .number of rooms contained in such building or used in such busi- ness,at the time of such statement, and such other information as may be necessary to determine the amount -of license fee to be paid hereunder; and thereupon such person, agent, president, secretary or attorney must procure a license from said City Collector for the term desired and pay the fee therefor required by this Ordinance. All-statements herein required must be made in such form as may.be specified by the City Council, and must be delivered to said City Collector and by hini filed with,the City Clerk on or before the third Monday of the first month-of each quarter. At least once every year thereafter a statement must be made of the above matters by every person, firm or corporation required by the provisions hereof to obtain a license tYe amount of the fee whereof is determin- ed or affected by any of said matters; and such additional statements shall be made by such persons, firms and corporations as may be from time to time required to be made by the City Council. Such state- ments shall not be conclusive as to the amount of license fee to be paid by such person, firm or corporation, and in no case shall any mistake of the City Collector in stating the amount of license, prevent or prejudice the collection by the City of what shall be actually due, with all of the costs, against anyone for carrying on such business without a license, or refusing to pay the'license fees specified herein. If any person, firm or corporation, after x=AhMki=x36kx demand made by the City Collector shall neglect or refuse to give under oath any statement herein provided for, the n City Collector must estimate the amount of license fee due from such person hereunder, prepare the proper license in accordance therewith, noting the fact of such refusal.on the appropriate ttub therefor, within two weeks transmit to the City Council,,a report of such refusal and the amount of such estimate, and thereupon the sum so estimated and set forth in said license shall be deemed to be and shall be the proper license fee due from said firm, person or corporation hereun- der and may be collected 'by the City hereunder, and failure to pay the same shall be a violation of this Ordinance;.provided however that the City Council at any time within one month after the filing with it of the aforesaid report may raise or lower the amount of said license fee at a hearing held either on application of such person, firm or corporation, or after notice to such person, firm or corporation given at least five days prior to such hearing, at which hearing said person, firm or corporation shall make and said Council shall have the -right to require all such statements under oath, and shall furnish all such information, relating to the determination of.the amount of license fee to be paid by such person, fire or corporation, as may be required. by said City Council. Section 11. No license shall be issued for any livery and feed stable, public laundry where washing is done for hire, hotel, boarding house, lodging house, rooming house, chop house, ocffee house, bakery, restaurant, lunch counter, shooting gallery, billard room, pool room, amusement parlor, cigar store, garage, creamery, auctioneer, auction house, boxing or sparring contest, messenger or messenger and parcel service, taxi -cab or motor vehicle for hire, furtune teller, astrologer, phrenologist, card reader, ptLlmist, cartomancy, clairvoyant, clair- audience, crystal - gazer, hypnotist, medium, phophet, augury, divination, magic necromancy, carnival company, rope or wire dancer, merry -go- round, or for showing any or letting the use of any lung tester, muscle tester, phonograph, talking machine,(phonographs kinetescope, galvanic battery, weighing machine, ball, knife or ring throwigg, nor for any theatrical enter- tainment, show or exhibition for which a license is required here- under, save carrying on and conducting a permanently established theater or motion picture show, except on the order of the City Council of the said City of San Luis Obispo, and whenever any person, firm or corporation desires to to open or carry on any business or do any thing specified in this section, such person, firm or corporation shall petition the City Council to order a license issued therefor; which petition shall set forth the name of the applicant, the char- acter of the business to be carried on or thing to be done, and the location of the premises where such business is to be conducted or thing done. The City Council shall not order the license for any business in this section specified to,issue at the meeting on which the petition therefor is presented to it nor-within six days thereafter. Where any business in this section specified for any reason is or may become dangerous to or affect the public health, peace, safety or morals, or be or become dangerous to surrounding or adjacent property, the Council shall refuse to grant the license. Should the Council at any time determine that the premises wherein any business prescribed in this section is conducted are not in good sanitary condition or dangerous to adjacent property, or do injure or affect the public health, peace, safety or % morals, it may revoke its order requiridg the license for such business to issue and no further license shall be issued thereon, and it may also revoke any license theretofore issued, by written notice to such licensed person. Section 12. Every person, firm or corporation having a license under the provisions of this Ordinance and carrying on a 1- business, trade, calling, profession or occupation at a particular place of business, shall keep such license posted and exhibited while in force, in some conspicuous part of said place of business. Every peddler of goods, wares or merchandise, shall carry his license with him at all times when engaged in peddling. Every person driving cr having control of any vehicle which is reauired.by this ordinance to be designated by a number shall procure from the.City Collector a ticket bearing said number which at all times shall be attached to and carried on said vehicle in such manner that said number shall be plainly legible ,.whether said vehicle shall be in motion or not. Section 13. A license shall be procured and the license aw fee paid therefor for engaging in, carrying^ conducting or pursuing any business, trade, calling, profession or occupation hereinafter mentioned, within the corporate limits of said City of San Luis Obispo, or doing any thing hereinafter mentioned,within said corporate limits, as hereinafter provided and set forth. Section 14. Every solicitor or order agent soliciting or taking orders from house to house for the sale or purchase of books, maps,. charts, photographs, pictures, paintings, or other goods, wares or merchandise, with or withour samples, either for present or tuture delivery, when not in conjunction with any store or other fixed place of business paying a license fee to the City of San Luis Obispo, whether such books, maps, charts, photographs, pictures, paintings, or other goods, waresx or merchandise shall be in his act- ual possession or not, shall pay a license fee of Five ($5.00) Dollars per day or Twenty -five ($25.00) Dollars per week. Section 15. Every person engaged in the.practice of law as an attorney at law or maintaining an office for the practice of law within the corporate limits of said City shall pay a license fee of Five ($5.00) Dollars per quarter. Section 16. Every person, firm or corporation engaged in the brokerage business, save real estate and insurance brokers, shall pay a license fee of Two (42.00) Dollars per quarter. Section 17t Every person, firm or corporation engaged in the banking business or maintaining an office or place of business for the transaction of a banking business,within the corporate limits of said City shall pay a license fee of Twenty -five 025.00) Dollars per quarter. Section 18. Every p.ersbn practicing as a physician or surgeon or maintaining an office for the practice of medicine or surgery, within the corporate limits of said City shall pay a license fee of Five 05.00) Dollars per quarter. Section 19. Every person practicing as a dentist or main- taining an office for the practice of dentistry or dental surgery, within the corporate limits of said City shall pay a license fee of Five (45.00) Dollars per quarter. Section 20. Every person engaged in the business of selling gasoline by means of what is known as a sidewalk gasoline pump only shall pay a license fee of One (41.00) Dollar per quarter for each pump maintained or operated in such business. Section 21. Every person, firm or corporation conducting, maintaining or operating what is knovrn as a service or filling station or engaged in the business of selling gasoline at a fixed place of business other than by means of a sidewalk gasoline pump, shall pay a licnese fee-of Twenty ($20.00) Dollars per quarter if any part of the product sold by such person, firm or corporation_ shall be manufactured, refined, extracted or produced by such person; firm or corporation, or by any person firr,i or corporation which it owns or controls in whole or in part, or which owns or m 141 controls in whole or in part the firm or corporation so engaging in such business, and shall pay a license fee_�of Five ($5.00) per quarter if all of the product so sold shall by such person, firm or corporation be bought from some person, firm or corporation other than and in which the person engaging in such business has no interest, ownership nor control. Section 22. Every person, fire: or corporation conducting or carrying on a clothes cleaning or dye business or works shall pay a license fee of $2.50 per quarter, save that where such business is carried on and conducted and all work thereof done solely by the proprietor thereof and members of his immediate or by partners where no salary is paid familyx,no license fee shall be required nor paid. Section 23. Every person, firm or corporation conducting or carrying on a tailor shop, or engaged in the tailoring business . shall pay a license fee of $2.50 per. quarter, save that where such business is carried on and all wore thereof done solely by or by partners where no salary is paid the proprietor thereofx,no license fee shall be required nor paid. Section 24. All contractors and all persons engaged in the business of performing or carrying out building or repairing contract or other contract of whatsoever nature for the furnishing of labor and materials or labor for the improvement of the property of another, whether for a fixed price or on percentage, shall pay a license fee of Twenty Dollars per jyear;Dr; provided that nothing in this section shall be construed to -require.a license fee from any person who furnishes no labor save his own in the performance of any such contract. No license shall be issued hereunder save on payment of the full annual license fee. Section 25. Every person practicing as a ve$erinary or veterinary surgeon within the corporate limits of said City shall pay a license fee of Five Dollars per quarter. Section. 26. Every person who peddles fish or engages in k the business of a fish peddler within said City shall,pay a license fee of Five Dollars per quarter. Section 27. Every person, firm or corporation, who at a fixed place of business sells or offers for sale, any real estate belonging to said person, firm or corporation shall pay a license fee of Five Dollars per quarter. Section 28. Every person, firm or corporation, whp, at a fixed place of business, sells or offers to sell, or buys 'Or offers to buy, or who -rents or leases, or offers to rent or lease any real estate, or who collects or offers to collect rents or other debts, on commission, shall pay a license fee of Five Dollars per quarter. Section 29. Every person, firm or corporation, who, from no fixed place of business, sells`or offers to sell, or buys or offers to buy, or who rents or leases;or offers to rent or lease any reel estate, or who collects or off1ers to collect rents or other debts, on commission, shall pay a license fee of Fifteen Dollars per quarter. Section 30. Every person firm or corporation engaged in the business of selling,or offering to sell, from a fixed place of business automobiles, or accessories, or motor cycles shall pay a license fee of Five Dollars per quarter, unless the average monthxy sales of such person, firm or kzzjzx= corporation in such business amount to Six Hundred Dollars per month or over, in which case, such person firm or corporation shall pay the merchandising license required to be paid by Section �_of this Ordinance. Section 31. Every person, firm or corporation who has no fixed place of business, and who sells or offers to sell, or buys or offers to buy, or who rents or leases or offers to rent or lease any automobile , motor cycle or motor vehicle, shall pay a license fee of Twenty -five Dollars per quarter, and no license a shall be issued except upon the payment of the full quarterly license fee. Section 32. Every person, firm or corporation selling or offer- ing to sell goods, wares or merchandise at public auction in a public store room or store building shall pay a license fee of Two Hundred Rmd:3=xx and Fifty Dollars per year; provided that nothing in this section contained shall be deemed to apply to or prohibit any mer- chant who has been engaged in business in said City for a period of one year or more from selling or offering for sale at public auction any stock of goods that,he may have on hand at the time when he may in good faith desire to close out such business or to reduce his stock. Provided further, that nothing in this section shall be deemed to apply to zxXxjmK=ax the selling, or offering for sale, at public auction, of real estate or of live stock, or household goods, so sold or offered for sale at the house or on the premises where the same have been in use by the owner thereof. And provided further, that nothing in this section contained shall be deemed to apply to or prohibit any person from carrying on the calling or profession of an auctioneer for hire. Every person engaged in the calling or occupation of an auctioneer for hire shall pay a license fee of Three Dollars per day or Ten Dollars per quarter if a quarterly license is issued. Section 33. From the participants, managers, or conductors . of any boxing or sparring match where*an admission fee is charged, a license fee of Fifty Dollars shall be collected and paid for every such match or exhibition. Section 34. Every person, firm or corporation engaged in the business of bottling beverages shall pay a.license fee of Six Dollars per quarter. Section 35. For each nine or ten pin or bowling alley a a license fee of Three Dollars per quarter for the first alley and one dollar per quarter for each additional alley shall be paid. Section 36. For each and every billiard table, pool table and pigeonhole table of any and every kind whatsoever, not fIr- bidden to be used by the statutes of the Mate of California, whether used and played on for hire or not, if set up and kept in or about a place of business, a "license fee of $2.50 per quarter shall be paid; provided also, that no minor under the age of twenty -one years shall be allowed to frequent, remain in or visit any place of business licensed under this section unless accompanied by the parent or legal guardian;of such minor, and said place of business shall close at twelve o'clock midnight. Section 37. Every person, firm or corporation carrying on �4 the business of advertising by posting, sticking, tacking, affixing or painting bills or signs to or upon posts, fences, billboards, advertising sign boards, buildings or other structures, or the business of advertising by distributing posters, dodgers, or printed advertisements of any kind,from a fixed. and permanent place of bus- iness shall pay a license fee of Five Dollars per quarter. Section 38. Every person firm or corporation carrying on the business of advertising by posting, stocking, tacking, affixing or painting bills or signs or advertisements to or upon posts, fences, bill boards, advertising sign boards, buildings or other structures or the business of advertising by distributing posters, dodgers, or printed advertisements of any kind,who has no fixed or permanent place of business in the said City shall pay a license fee of 4.50 per day or Twenty -five Dollars per quarter; provided that no license shall be required for the advertisement of the goods, wares or merchandise or business of any person who has a fixed place of business within said City, except that provided. in section 37 of this ordinance. Provided further that nothing in this. section nor in section 37 hereof shall apply to the distribution nor posting by a printer who has a fixed place of business in said City of any advettising signs, dodgers or other advertisements printed or prepared by him at such place of business. Section 39. For each ball, dance or party where a charge is made or money received for attendance or ad-mission, a license fee of Two Dollars shall be paid for each dance or party, or if a guar -' terly .. license is issued, Ten.D'ollars per quarter; provided that no lieense shall be req-aired for charitable, private social, relig- ious, fraternal or school dances. Section 40. Every person, firm or corporation engaged in the business of conducting a creamery shall pay.,a license fee of Ten Dollars per quarter. Section 41. Every person, firm or corporation having no fixed and permanent place-of business in the said City, who solicits or receives orders for cleaning or dying shall pay a license fee of twenty39five dollars per quarter, or a daily license of Five Dollars per day. Section 42. Every person, firm or corporation co I naucting or carrying on the business of a cigar stand or cigar store, shall pay a license fee of Five Dollars per quarter* Section 436 Every person�� firm or corporation conducting the business of a cigar factory for the manufacture of cigars shall pay a license fee of $2.50 per quarter, save that where such. busirass is carried on and all work thereof done solely by the proprietor thereof, no license fee shall be requires_ nor paid. Section 44. Every person, firm or corporation conducting or carrying On the business of selling cigars or tobacco, when the same are sold only as a side line and in conjunction with some other ti business fot which a license is paid under this ordinance, shall pay a license fee of Three Dollars per quarter in addition to any other license. Section 45. Every person` or corporation condictin- or, carrying on the business of storing or housing vegetables, fruits, butter, eggs, or other perishable commodities by creating an arti- ficial temperature by mechanical or other means, shall pay a license fee of Dollars per quarter. Section 46. For every person, firm or corporation conducting managing or carrying on a circus or menagerie under canvas or in a temporary structure, whose main tent or auditorium has a seating capacity of Five Hundred or less than Five Hundred persons, Ten Dollars for each performance of such circus shall be paid. For every person, firm or corporation conducting, managing or carrying on a circus or menagerie under canvas or in a temporary structure whose main tent or auditorium has a seating capacity of more than Five Hundred and less than two; thousand persons, twenty -five dollars for each performance shall be paid; For every person, firm or cor- poration managing or carrying on a circus or menagerie under canvas or in a temporary structure, whose main tent or auditorium has a seating capacity or two thousand or more than two thousand persons Fifty Dollars for each performance shall be paid. 9 performance under this section shall mean a show or exhibition between the hours of six o'clock in the 'o „renoon and twelve o'clock noon of any day, and between twelve o"clock noon and six o'clock in the after- noon of such day, and between six o'clock P.L.I., and midnight of such day. For every person conducting, managing or carrying on a side show or after show to a circus or menagerie when a separate admission fee is charged Five Dollars per day for each day of such side show or after shover im shall be paid. i M � • ti business fot which a license is paid under this ordinance, shall pay a license fee of Three Dollars per quarter in addition to any other license. Section 45. Every person` or corporation condictin- or, carrying on the business of storing or housing vegetables, fruits, butter, eggs, or other perishable commodities by creating an arti- ficial temperature by mechanical or other means, shall pay a license fee of Dollars per quarter. Section 46. For every person, firm or corporation conducting managing or carrying on a circus or menagerie under canvas or in a temporary structure, whose main tent or auditorium has a seating capacity of Five Hundred or less than Five Hundred persons, Ten Dollars for each performance of such circus shall be paid. For every person, firm or corporation conducting, managing or carrying on a circus or menagerie under canvas or in a temporary structure whose main tent or auditorium has a seating capacity of more than Five Hundred and less than two; thousand persons, twenty -five dollars for each performance shall be paid; For every person, firm or cor- poration managing or carrying on a circus or menagerie under canvas or in a temporary structure, whose main tent or auditorium has a seating capacity or two thousand or more than two thousand persons Fifty Dollars for each performance shall be paid. 9 performance under this section shall mean a show or exhibition between the hours of six o'clock in the 'o „renoon and twelve o'clock noon of any day, and between twelve o"clock noon and six o'clock in the after- noon of such day, and between six o'clock P.L.I., and midnight of such day. For every person conducting, managing or carrying on a side show or after show to a circus or menagerie when a separate admission fee is charged Five Dollars per day for each day of such side show or after shover im shall be paid. FA Section 47. For each and every dray, cart, wagon or other vehicle for the delivery of freight, goods or other commodities for hire, a license fee of Three Dollars per quarter shall.be paid; provided that each such drab, cart, waon.or other vehicle shall be designated by a number to be furnished by the City Collector as hereinbefore provided. Section 48. Every person, firba or corporation conducting or carrying on the business of an employment office or intelligence bureau shall pay a license fee of Three Dollars per quarter. Section 49. Every person who carries on, practices or professes to practice the business or art of fartune telling, astrology, palmistry, phrenology, card reading, cartomancy, clairvoygnce, Clair - audience, crystal- gazing, hypnotism, mediumship, prophecy, augury, divination, magic necromancy and who demands or °receives a fee or compensation for the practice, exercise or exhibition of his art therein, or who gives an exhibition thereof at any place where a fee is charged, shall pay a license fee of One Hundred Dollars per year, or Fifty Dollars per quarter, or Twenty Dollars per week or Five Dollars per day. Such license shall be paid in addition to the theatre license in this ordinance provided; provided that nolicense granted under the terms of this ordinance shall give to any person the right to hypnotize subjects under the age of twenty -one years. Section BO. Every person, firm or corporation_ engaged_ in the business of conducting, or carrying on a garage for pay shall pay a license fee of Ten Dollars per quarter. Section 51. Every person, firm-or. corporation engaged in the business of conducting a boarding house, eating house, chop house, lunch counter, doffee or refreshment saloon or restaurant, shall pay a license fee as follows: Where the average monthly receipts are under the sum of $500.00 the sum of $5.00 per quarter. Where the average monthly receipts are $ 500.00 or over but under $1000.00 the sum of ;7.50 per quarter. Where the average monthly receipts are 51000.00 or over, the sum of $12.50 per quarter. Section 52. Every person, firm or corporation conducting or carrying on the business of selling ice - cream, soda or other soft drinks, tamales or sandwiches, from any) wagon, hand cart or stand, shall pay a license fee of $2.50 per quarter, and such wagon, .hand cart, other vehicle or stand shall be designated by a number affixed to the same, which shall be furnished by the City Collector. Section 53. Every person, firm or corporation engaged in the business of manufactaring or selling ice shall pay a license fee of Fiften Dollars per quarter. Section 53. Blery person engaged in or carrying on the business of a junk dealer shall pay a license fee of Five Dollars per quarter, and every person carrying on the business of a jhnk collector, for himself or any other person, shall pay a license fee of Five Doilars per quarter. A junk dealer is defined to be any person having a fixed_ place of business in the City of San Luis Obispo and buying and selling any old rags, sacks, bottles, cans, clothing, books, fire -arms, knives, tools, or implements ofindustry, paper, metal, or other articles commonly known as junk, and a junk collector is defined to be any person not having such place of business who goes about from house to house or from place to place collecting, buying or selling any of the above articles. Each wagon or other vehicle used by a jnnk dealer or junk collector must be designated by a number to be furnished by the City Collects r, and placed upon such wagon or vehicle as in this ordinance provided. • • • • Every jhnk dealer and junk shop keeper shall keep a regular register showing the date, the names of all persons from he purchases or trades for any article or thing whatsoever, and the name or des- cription of such article or thing he.purchased or traded for. He shall also keep a register showing the names of all persons to whom he shall sell or trade any article or thing, and the name or descript- ion of such article or thing so sold or traded and the date of such sale or exchange. Such register shall at all times be open to the inspection of any police officer. No junk dealer or junk shopkeeper or pawn broker shall purchase, trade for or receive any article or thing whatever from any minor under the age of eighteen years without the written conselit of the parent or guardian of such minor. Section 540 Every public laundry where washing is done for hire or compensation must pay a license fee of Ten Dollars per quarter. Section 55. Every livery and feed stable shall pay a license fee of Four Dollars per quarter. Section 56. Every feed stable shall pay a license fee of Two Dollars per quarter. Section 57. Every person, firm or corporation operating a Thirty lumber yea& or dealing in lumber must pay a license fee of Dollars per quarter. Section 58. Every person, firm or corporation who.-at a fixed and permanent place of business sells any goods, wares, merchandise, meat, food, jewelry or wares or precious metals, or any thine whatsoever, save as in this ordinance otherwise specifically provided, whether on commission -or otherwise, shall,pay to the City the following license fee: lWhere the average monthly sales are under the sum of 4''300.00 the sure of w2.50 per quarter. Where the average monthly sales are $30W OO or over, but are under $600.00, the sum of yp4.00 per quarter. Where the average monthly sales are $600.00 or over, but under X900.00, the sum of $6.00 pt Where the average monthly $1,200.00, the sum of 148.00 Where the average monthly under 92,000.00, the sum of ;r quarter. sales are ;p900.00 or over, but are under per quarter. sales are ;1.;200.00 or over, but are '12.00 per quarter. 'lihere the average monthly sales are 2,000.00 or over, but under 3,500.00, the sum of $16.00,p 'er quarter. Where the average monthly sales aren4�3,500.00 or over, but are under X5,000.00, the sum of 420.00 per quarter. Where the average monthly sales are 45,000.00 or over, but are under ''10,000.0,0, the sum of $25.00 per quarter. Where the average monthly sales are 410,000.00 or over, the sum of X30.00 per quarter. Section 59. Every person, firm or corporation conducting a drug store or engaged in the business of selling drugs shall pay a license fee of Five Dollars per quarter, unless the average monthly sales of such person, firm or cp®poration in such business amount to Sits Hundred Dollars per month or over, in which case such person firm or corporation shall pay the merchandising license required to be paid by Section 58 of this Ordinance. Section 60. Every person, firm or cptvporation who sells in the City of San Luis Obispo any bankrupt, assigned or damaged stock of goods, wares, merchandise, jewelry, dry goods, boots* and shoes clothing, hardware, groceries,.furniture, or other stock of merchandise shall pay a) license fee of Fifty Dollars per quarter, provided that this sectio;i 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 in the said City of San Luis Obispo. Section 61. -Every person, firm or corporation merely a temporary -resident or temporarily located in the City of San Luis Obispo who sells or engages in the business of selling any kind of goods or wares whatever where such business is not permanently located in said City, shall pay a license fee of 4,100.00 per quarter or `';50.00 per week. Every person, firm or corporation in the City of oan Luis Obispo who sells or offers to sell or engages in the business of selling any 'rind of goods, wares or merchandise whatever, who shall here- after begin business in said City and who represents that he is to be permanently located in said City in such business, shall file a bond with the City Clerk.of said City in the penal sum of 5 ?200.00 in favor of said City, conditioned that he will in good faith be permanently located in said City in such business for the period of six months, and in default of-which condition he will forfeit to said City the sum of ti p'200000. Said bond shall be in such form and of such security as may be a -ppio ved by the Council of said City and in case said person, firm or corporation shall in good faith permanently engage. in such business for the period of six months after the giving of such bond, said bond shall be null and void. Otherwise said sum of y�_200.00 shall be forfeited to. said City. Section 62. Every person, firms or corporation keeping or operating taxicabs or motor vehicles for hire or carrying passengers for hire, either entirely within the corporate limits of said City of partly within and partly outside said limits and not between fixed termini, shall pay an annual license fee of Twenty -Five Doha rs per year? for each vehicle used, maintained or operated in such business, or a daily license fee of Two Dollars per day for each vehicle used, maintained or operated in such business. Vffien an annual license is issued under this section in the first quarter of any year, the full annual license fee shall be paid; when issued in the second quarter of any year three - fourths of the full annual license fee shall be paid, and when issued in the last half of any year one -half of the full annual license fee shall be paid a Section 63. :every person, firm or corporation operatingA passengerp stage or stages, or carrying passengers for hire partly.within and partly outside the corporate limits of said City, between fixed termini, Shall pay a license fee of two dollars per quarter for each vehicle used or operated in such business. Section 64. Every person, firm or corporation engaged in the business of operatiai.g freight stages or carrying freight for hire either entirely or partly within the corporate limits of said_ city, shall pay a license fee per quarter for. each truck or vehicle used or operated in such business .of $2.00 and j >1.00 in addition for each ton by which the capacity of such truck or vehicle shall exceed two tons. Section 65. For every merry -go- round, roller coaster, Ferris wheel or other similar device a license fee of Fifteen Dollars per week must be paid, and no license shall be issued for less than one. week; provided, that no mt.sic in connection therewith shall be allowed after the hour of nine O'clock P..ia. Section_ 6G. Every person, firm or corporation engaged in the business of publishing a newspaper shall -ray a license fee of 1, !`tj per quarter, and every person, firm or corporation engaged in the job printing business shall pay a license fee of $ S .gyp per quarter, which shall be in addition to any other license. Section 67. Egery person, fir_ror corporation engaged in the business of hauling, selling and delivering crude oil, petrol - eum, distillate, kerosene, gasoline, refined oil or any other product of an oil well must pay a license fee of. Five Dollars per quarter for each vehicle used or operated in said business. Section 68. Every person or persons who have no fixed place of business within said City and who vend or hawk on the public streets or other places within the city limits, any goods, wares or merchandise or jewelry, wares or ,precious metals or other artilles of personal property, whether on commission or otherwise, for the purpose of sale, barter or exchange or otherwise, (except such as are sold by auctioneers at public sale under license, and by itin- erant tendors ) must first obtain 'a license from the City Clergy: for carrying on such business and must pay a license fee therefor of Five Dollars per day or Twenty -five dollars per week. Provided, that such person, firm.or corporation. desiring to carry on such business may obtain from the City Clerk a quarterly license, and must pay a fee therefor of One Hundred dollars per quarter, and in that case no daily license shall be issued nor daily fee be paid. Section 69. Every person in said City conducting or carrying on as an itinerant vendor the business of selling spectacles, eyeglasses, drugs, nostrums, ointments, or any appliances for the treatment of disease, injuries, defective eyesight, or deformities, shall pay a license fee of 25.00 per day, which license is hereby designated as "An itinerant vendor's license ". The term "Itinerant vendor", as used in this Ituxxx Ordinance shall include all persons who carry on the business of selling spectacles or eyeglasses or nostrums or ointments or drugs, or any appliance or appliances for the treatment of disease or injuries or defective eyesight or deformities, and. so carry on such business by passing or soliciting from house to house, or in a public street, or by haranguing crowds, people or bystanders in a public street or public place accessible to the public or by using music or enter- tainment or any performance, lecture or public harangue for attracting 0 0 1 0 0 O a persons to whom any suc)� glasses, drugs, nostrums, ointment or appliances may be sold or recommended. The leaving of any of the wares mentioned in this section on approval or to be paid for subsequently on any condition or coI).ditions; or the charging of qn admission fee, or the giving orL gratuitous delivery of any of the wares in this section mentioned to a person or persons who may purchase from such itinerant vendor or vendors a licket, consult - ation, opinion, examination, or articles of merchandise other than .articles included within those mentioned in this section, or any scheme, trifle, or device for evading the provisions of this ordinance, shall not be held to exempt an itinerant vendor from the provisions of this ordinance if otherwise he carries-on such business in the .manner described in this section. Section 70. Every pawn broker must pay a license fee of Ten Dollars per quarter. Section 71. Every person, firm or corporation managing, conduct- ing or carrying on the business of showing or letting the use of any phonograph, talking machine, kinetescope, lung tester, muscle tester, galvanic battery, weighting machine, ball, knife or -ring throwing, and all devices similar in character, or amusement, game or test.of skill, strength, physical endurance or capacity of any kind not in this ordinance otherwise provided for, and for partic- ipation in'which a fee is charged or which is conducted for profit, a license fee of $5.00 per day, $15.00 per week or $)50.00 per month must be paid. Section 72. Every photographer who has a fixed and permanent. gallery or place of business within said City shall pay a license fee of x'4.00 per quarter. Section 73. Every travelling or transient protographer who has no fixed and permanent place of business within said City shall pay a license fee of $3.00 per day or X40.00 per week. Section 74. For every rope or wire dancing, magic, theat- rical entertainment, or other show or exhibition viiere an admission fee is charged or a collection taken up, or where voluntary subscript- ions are solicited, except a circus, menagerie, or carnival company or aggregation of tent shows or other amusement devices under one management or control, a license fee of Twenty -five Dollars must be paid for each performance or exhibition; for every carnival' company or aggregation of tent shows or other amusement devices under one management or control, a license fee of Fifty Dollars per day shall be paid; provided., however, this shall not apply to the business of carrying on and conducting a permanently established theater or motion picture show at a fixed place of business in said City, the license for which shall be as follows: for less than one month,',i�3.00 for each performance or exhibition; for one month, X25.00 per month; for three months 40.00; for one year $75.00. Nothing in this section contained shall be construed to prevent exhibitions or entertainments wholly for the benefit of churches or schools or other charitable or private social enter- tainments, for any benevolent,religious or literary society of the City without a license therefor. None of the aforesaid provis- ions of this section shall apply to any entertainment, show or exhibition which shall be in good faith guaranteed against financial loss on. account of such exhibition, entertainment or show in this City, by not less fifty actual residents of said City, and any such show, entertainment or exhibi.tionx, shall pay the same license fee as is in this section provided. to be paid for the business: of carrying; on and conducting a permanently established theater at a fixed place of business in said City. Section 75. Every person, firm or corporation who keeps or conducts any public warehouse where goods, wares or merchandide or grain or commodities of any kind are stored (except household goods or effects), for hire, shall pay a license fee of Twenty Dollars per quarter. Every person, firm or corporation who keeps or conducts. any public warehouse for the storage of household_ effects or goods for hire shall pay a license fee of $2.00 per quarter. Section 76. Every person, firm or corporation conducting a planing mill or moulding mill shall pa.yna license fee of $7.50 per quarter. Section 77. Every person, firm or corporation conducting or carrying on the-business of a sawing, sizing or surfacing mill shall pay a license fee of x$`'7.50 per quarter. Section 78. Every person, firm or corporation conducting or carrying on a machine shop or engaged in the business of manu- facturing or repairing machinery or vehicles, shall pay a license fee of $5.00 pe-r'quarter, save that where aaid business is conducted and all vaork thereof done solely by the proprietor thereof,no license fee skloll be.required. Section 79. for wach skating rink a license fee of 20.00 per quarter must be paid. Section 80. For each pistol or shooting gallery a license fee of $15.00 per quarter must be paid. `� Section 81. Each undertake r, must pay a license fee of *ls.00 per quarter. Section 82. Every person, firm or corporation conducting an amusement parlor shall pay a license fee of $2.00 per quarter in addition to any other license required by this Ordinance; provided, no minor under the age of twenty-one years shall be allowed to frequent, rBmain in or visit any place of business licensed under this subdivision unless accompanied by parent or legal guardian, and .said place of business shall close at 12 o'clock midnight. Section 83. Every person carrying on the business of periodical or magazine agent soliciting orders or subscriptions shall pay a license fee of $1.00 per day. Section 84. Every person, firm or corporation peddling or selling on the public streets any peanuts, candy or popcorn shall pay a license fee of 41.00 per month or X1.50 per quarter. Section 85. Every peddler of goods, wares or merchandise except as hereinbefore provided shall pay a license fee of $2.00 per day or $10.00 per week or $60.00 per quarter; provided, that m person or personsbshall be required to procure a license or pay a license fee for peddling any of his own agricultural, pastoral or dairy products raised by himself in the County of San Luis Obispo, California, el-cept as provided_ in sections 86 and 87 of this ordinance. Section 86. Every pe-r,son, firm or corporation, who in said City, as a permanent and regular business, peddles fruit or veget- ables within said City, shall pay a license fee of �,?5.00 for each wagon, vehicle, cart, basket or other receptacle used or operated by said person in such business for the conveyance of said fruit or vegetables. Provided, also, that each of said persons shall have each of said receptacles or.veh.icles used for the conveyance of said fruit or vegetables designated by number to be furnished by the City Collector, and placed upon said vehicle or receptacle in a, conspicuous place. oection 8'7. every person who conducts or carries on the business of selling anE delivering milk or cream by wagon, cart or other vehicle to more than ten customers shall pay a license fee of 85.00 per quarter for each wagon, cart or other vehicle used in said business, which cart, wagon or vehicle shall be designated by a number to be supplied by the City Collector and placed in a conspicuous place thereon. Section 88. Every person, firm or corporation having no fixed or permanent place of business in the City of San Luis Obispo who solicits or receives orders for laundry, shall pay a license fee of �p25.00 per quarter or a daily license of Q5.00 per day. Section 89. Every person, fi.rni or corporation who at a fixed and permanent place of business in said City solicits or receives orders for laundry, other than for a regular laundry in said City, shall pay a license fee of �'�10.00 per quarter. Section 90. Every person firm or corporation engaged in the business of co,•ductilig or managing or operating a hotel-or public inn shall pay therefor a license fee as follows: For the business of keeping or conducting a hotel of less than ten -rooms, the sum of Four Dollars per quarter. For the business of keeping or conducting such hotel of ten rooms or over but less than twenty rooms, eight,dollars per quarter. For the business of keeping or conducting such hotel of twenty rooms or ,over but not more than fifty rooms, Fifteen Dollars per quarter. For the business of keep or conducting such hotel of more than f ilty rooms, Twenty-five dollars per quarter. Every person, firm or corporation engaged in the business of conducting or keeping a lodging - house, where the average majority of the guests entertained are not transient guests paying daily rate, shall pay a license fee as follows:- For the business of keeping or conducting such lodging -house of less than three rooms no license fee shall be charged. For the.business of keeping or conducting y, such lodging -house of three rooms or over but less than twenty rooms, a quarterly -3p=t= license fee of twenty -five cents for each guest room in. said lodging -house contained shall be charged. For the business-of keeping or conducting such lodging -house of twenty rooms or over, a quarterly license fee of thirty -five cents for each guest room in said lodging -house contained, shall be charged. Section 91. Every person, firm or corporation engaged in the business of selling candies, confectione: a fixed place of business in said City shall Five Dollars per quarter, unless the average person shall amount to Six Hundred Dollars, which case, such person, firs 2. or corporation ising license provided to be paid by section ry or soft drinks at pay a license fee of monthly sales of such or over, in shall pay the merchand- 58 of this Ordinance. Section 92. Every person, firm or corporation engaged in conducting or operating a barber shop where more than one barber chair is maintained or operated shall pay a quarterly license fee of $1.00jand fifty cents in additior� for each chair over two which is,maintained or operated in said shop. Section 93. .Every person, firm or corporation engaged in the business of hauling, transporting, taking away or collecting garbage within the corporate limits of said City shall pay a license fee of Five Dollars per quarter. Section 94. Every person, firm or corporation engaged in the business of cond- ucting operating or maintaining a bakery shall pay a license fee of Five Dollars per quarter. Zi Section 95. Every person engaged in the practice of osteopathy or maintaining an office for the practice of osteopathy in said City shall pay a license fee of. Five Dollars per quarter. Section 96. Every person engaged in business EMM or maintaining or chiropractics an office for the practice of neurology shall pay a license fee of Five Dollars per quarter. Section 97. Every person engaged in business as a chiropodist shall pay a license fee-of Five Dollars per quarter. Section 98.. Every person, firm or corporation conducting, oper- ating,. maintaining or managing a hospital or sanitarium for profit shall pay a quarterly lience fee of $7.50 per quarter.. Section 9 1--_. 411 annual licenses heretofore issued for a period not yet expired shall be in force and effect and entitle the person holding the same to continue in the business therein mentioned to the date of the expiration of the pLjiod for which the same were issued respectively. Section ) The City Collector shall, on the third T-2onday of the first month of each quarter fixed for the payment of licenses, present a written report to the Council in such form as the Council may require, of all persons, firms or corporations who have failed, neglected or fefused to pay the license fees required by this Ordinance. Section. Lb1 No license issued under any of the p-rovisinns of tllis ordinance shall authorize any business or occupation other than as herein mentioned to be done, transacted or carried on; and no such license shall be in any way or manner assignable or transferable or authorize any business to be done at any other place than as therein mentioned without the permission of the City Council, and when such permission shall be granted, the City Collector shall record such change or transfer on the proper register. Sections Q Z Ordinance No. 22 (New Series) of the City of San Luis Obispo, California, adopted and approved on the 27th day of December, 1912, and emended by Ordinance No. 59 (New Series) of said City, is hereby repealed. Section J b 3 This ordinance is hereby declared to be urgent and necessary for the immediate pres&m# « of the public peace, health and safety, and shall take effect bnd be in force from and after its final passage. Section Dv . This ordinance, together with the Ayes and Noes shall be published for two days in the "Daily Telegram ", a newspaper p in teda published and. circulated in said City of San Luis Obispo. Introduced and passed to print this % day of February, T 19209 l,tr +i, fnllowin- vote:- AYES: NOES: � ABSENT: ATTEST: C i f BE RK. i.:�Y OR Finally passed this day of 1920, by the following vote:- AYES: NOES : ABSENT: ATTEBT : C ITY CLERK MAYOR.