Loading...
HomeMy WebLinkAbout0076NORDIT�IANCE NUMBER 76 (NE1,1 SERIES) . AN ORDIPANCE LICENSING AND REGULATING THE DOING OF CERTAIN ACTS AND THE CARRYING ON OF C,RTAII TRADES, CALLINGS, BUSINESS, PROFESSIONS AND OCCUPATIONS 17ITHIN THE CORPORAT J` LILITS OF THE CITY OF SAN LUIS OBISPO, CALIFORNI1 , ADD PRESCRIBII,lG PENALTIES FOR THE VIOL..aTION TH REOF . 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, 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, with- out first havinU procured such license, shall, for each violation of this ordinance, be deemed guilty of a misdemeanor, and, upon conviction by any Court having jurisdiction thereof, shall be fined there=for in a sum Of not less than ten (5:10.00) Dollars, and not more than three hundred 0300.00) 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, and such person shall be liable in an action in the name of the City of San Luis Obispo, (1) '71 in any Court of competent jurisdiction, for the amount of the license of such trade, calling, business, profession or occupa- tion as he shall or they may have been engaged in, with costs of suit. Provided, however, that arrest and conviction here- under shall not be construed as a waiver of the right of said City to bring such 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 City 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 tirle 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 pre- judice the collection by the City of what shall be actually dne from any one carrying on a trade, calling, business, profession or occupation or doing any thing subject to license under this ordinance. Section 3. All.licenses shall be paid in advance in lawful money of the United States of America, at the office of the City Collector. 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 authorize the party obtaining it to carry on, pursue or conduct only that trade, calling, business, profes- sion or occupation described in such license, and only at the (2) r 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, pro- fession or occupation, and from all persons who have not been licensed for the previous month for the some trade, calling, busies ess, profession 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 arid. October, and all such licenses shall expire with the last days of 1.1arch, June, September and December of each year. The weekly licenses in this ordinance provided shall be due and payable to the City on the Monday 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 to the City at the times specified herein respect- ively, or when not so specified, on the first day of July of each year. Po greater or less amounts of money shall be charged or received for any licenses than are provided in this-ordinance, and 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 ,,Tinted 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. i3) "No. 9P 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 the provisions of the Ordinances of said City. Dated Received specified for said License. City Clerk. , 19 , the sum above City Collector." The licenses so prepared by the City Clerk shall be bound in books of suitable size.and shall have a stub correspond- ing thereto which shall remain in the book after issuance. On this stub shall be noted the number of the license, the dote there- of, 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 City of San Luis Obispo, Cal., to whom 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. 19 Subscribed and sworn to before me this day of (a City Clerk." Section 5. The City Clerk must keep an account iTiith the City Collector of all licenses delivered to him, issued or returned unissued 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 Collector 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. 11hen 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 under the terms hereof, such person shall pay the full license fee for the period, sub- sequent to December 31st,•1919, during which he has been so en- gaged in such business, trade, calling, profession or occupation, also provided. that, for the period from the date this ordinance takes effect to the first day of April, 1920, the license fee shall in every case be the amount herein required to be paid for a full quarter, for such business, calling, occupation or pro- fession. (5) Section 8. When a'license that 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 spec- ified. 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 number 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 newt preceding the date of such statement, or as estimate of the same for the succeeding three months if they have not already been en- gaged in such business, or the number of wagons or other vehicles used, or the number of tables or other appliances used or maintained, (6) or the number of rooms contained in such building or used in such business, 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, secret- ary 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 him filed with the-City Clerk on or before the third 11onday 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 the amount of the fee whereof is deter- mined or affected by any of said matters; and such additional state- ments shall be made by such persons, firms and corporation: as may be from time to time required to be made by the City Council. Such statements 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 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 demand made by the City Collector shall neglect or refuse to give under oath any statement herein provided for, the City Collector m7-_st estimate the amount of license fee due from such person hereunder, prepare the proper license in accordance therewith, notinc, the fact of such refusal on the appropriate stub therefor, transmit to the City Council within two weeks a report of such refusal and the amount of such estimate, and thereupon the sum so estimated and set forth in raid license shall be deemed to be and shall be the proper license fee due from said firm, person or corporation hereunder 7) 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, firm or corporation, as may be're- quired 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, coffee house, bakery, restaurant, lunch counter, shooting gallery, billiard 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, fortune teller, astrologer, phrenologist, card reader, palmist, ca-rtoma.n.cy, clairvoyant, clair- audience, crystal - gazer, hypnotist, medium, prophet, augury, divination, magic necromancy, carnival company, rope or wire dancer, merry -go- round, for for showing any or letting the use of any lung tester, muscle tester, phonograph, talking machine, phonograph, kinetescope, galvanic battery, irreighing machine, ball, knife or ring thro ,.•ring, nor for any theatrical entertainment, show or exhibition for which a license is required hereunder, save carrying on and con- ducting a permanently established theater or motion picture shover, except on the order of the City Council of the said City of San Luis Obispo; and ehenever any person, firm or corporation desires 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 character 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. 1.4here 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 con- ducted 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 reouiring 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 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 or having control of any vehicle which is required by this ordinance 'to be designated by a number shall procure from the City Collector a ticket bearing said. number which at all ti?_les 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. r 9 Section 13. 9 license shall be procured and the license fee paid_ therefor for engaging in, carrying on, conducting or pur -. suing any business, trade, calling, profession or occupation here- inafter 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 s.olicito-r 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 without samples, either for present or future 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, v-aares or merchandise shall be in his actual possession or not, shall pay a license fee of Five (y?'5.00 ) Dollars per day. or Twenty -five ( Y�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 laver within the corporate limits of said City shall pay a license fee of Five 05.00) 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 Tv.ro ( <)2.00 ) Dollars per quarter. Section 17. Every person, firm or corporation engaged in the banking business or maintaining an office or place of busin- ess for the transaction of a banking business, within the corporate limits of said City shall pay a license fee of Twenty -.five (,�;�2.5.00) Dollars per quarter. Section 18. Every person practicing as a physician or surgeon or maintaining an office for the practice of medicine or surgery., within the corporate 1ir,jits of said City shall pay a license fee of Five ('��5.00) Dollars per quarter. (10) Section 19. Every person practicing as a dentist or maintaining an oflice for the practice of dentistry or dental surgery, within the corporate limits of said City shall pay a license fee of Five (w5.00) 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 ('1.00) Dollar per ouarter for each pump maintained or operated. in such business. Section 21. Every person, firm or corporation conduct- ing, maintaining or operating what is known 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 roump, shall pay a license fee of Twenty 020.00) 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. firm or corporation which it owns or controls in whole or in part, or which owns or controls in whole or in part the firm or corporation so engaging in, such businesg, and shall pay a license fee of Five (',,;15.00) Dollars 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 inter- est, ownership nor control. Section 22. Every person, firm or corporation conducting or carrying on a clothes cleaning or due business or works Shall pay a license fee of 42.50 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 family or by partners where no salary is paid_, no license fee shall be required nor paid. Section 23. Every person, firm or corporation conduct- ing or carrying on a tailor shop,.or, engaged in the tailoring (11) business shall pay a license fee of x`2.50 per quarter, save that where.'.such business is-carried on and all work thereof done solely by' the 'proprietor thereof or by partners where no salary is,paid, 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, �iihether.for a fixed price or on percentage, shall pay a license fee of Twenty Dollars per year; provided that nothin(- in this.section shall be construed to require a license fee from.any person who furnished 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 pe'rson practicing as a veterinary 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 the business of a fish peadler.within said City shall pay 'a license fee of Five Dollars per quarter. Section 21. Every person, firm or corporation, who at a fi—ed.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, * who, 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 m no fixed place of business, sells-or 'Offers to sell, or buys or offers to buy, or who collects or offers 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, J. unless the average monthly sales of such person, firm or corpor- ation in such business amount to Sig;. 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 59 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 shall be issued except upon the payment of the full quart- erly license fee. Section 32. Every person, firm or corporation sell- in; or offering to sell goods „vrares or merchandise at public auction in a public store room or store building shall pay a license fee of Two Hundred and Fifty Dollars per ,year; provided that nothing in this section contained shall be deemed to apply to or prohibit any merchant 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 the selling, or offering for sale, at public auction, of real estate or of live stock, or household goods, so (13) 6 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. avery 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 en- gaged 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 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 forbidden to be used by the statutes of the State 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 1.2.50 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 placo of business shall close at tvielve o'clock midnight. Section 37. Every person, firm or corporation carry- ing on the business of advertising b y posting, sticking, tacking, affixing or painting bills or signs to or upon posts, fences, bill- boards, advertising sign boards, buildings or other structures, or (14:) 6 the business of advertising by distributin posters, dodgers, or printed advertisements of any kind, from a fixed and permanent place of business shall pay a 'license fee of Five Dollars per quarter. Section 68. Every person, firm or corporation carrying of 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 V1.50 per day or Twenty -rive 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 Ishall apply to the distribution nor posting by a printer who has a fixed place of business in said City of any advertising signs, dodgers or other advertisements printed or prepared by him at such place of business. Section 39. Por each ball, dance or party where a charge is made or money received for attendance or admission, a license fee of Tug :1ollars shall be paid for each dance or party, or if a quarterly license is issued, Ten Dollars per c-uarter; Provided that no license shall be required for charitable, private social, religious, fraternal or school dances. Section 40. every person, firm or corporation en- gaged in the business of conductins; a creamery shall pay a license fee of Ten Dollars per cuarter. Section 41. :';very person, :firm or corporation having no i _ed wild permanent place of business in the said City, who (15) solicits or receives orders :o-r cleaning or dyeing, shall pay a . license fee of t�rrenty -five dollars per cuarter, or a daily license of Five Dollars per day. Section 42. Every person, firm or cor- poration con- ducting or carrying on the business or a cigar stand or cigar store, shall pay a license fee of Five Dollars per cuarter. Section 45. Every person, firm or corporation con- ducting the business os a cigar factory for the manufacture of cigars shall pay a license fee of "'2.50 per quarter, save that where such business is carried on and all work thereof done solely by the proprietor thereof, no license fee shall be required nor paid. Section 44. Every person, firm or corporation con- ducting or carrying on the business of selling cigars or tobacco, vahen the same are sold only as a side line and in conjunction with some other business for which a license is paid under this Orain- gnce, shall pay a license fee of Three Dollars per cuarter in addition to any other license. Section 45. Every person, firm or corporation con- ducting or carrying on the business of storing or housing vege- tables, fruits, butter, eggs, or other perishable commodities by creating an artificial temperature by mechanical or other means, shall pay a license fee of Five Dollars per quarter. Section 46. For every person, firm or corporation con- ducting, 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 Hundrea persons, Ten Dollars for each performance of such circus shall be pain. For every person, firm o-r corrporation conductin 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 16� r_aore than Five Hundred and less than two thousand persons, Twenty -five Dollars for each performance shall be paid. For every person, firm or corporation 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 tyro t thousand or more than two thousand persons Fifty Dollars for each performance shall be paid. A performance under this section shall mean a show or exhibition between the hours Of six o'clock in the forenoon and twelve o'clock noon of any day, and between twelve o'clock noon and six o'clock in the afternoon of such day, and between six o'clock F...., 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 show shall be paid. Section 47. For each and every dray, cart, wagon or other vehicle for the delivery`of freight, goods or other commod- ities for hire, a license.fee of Three Dollars per quarter shall be paid; provided that each such dray, cart, Aragon or other vehicle shall be designated by a number to be furnished by the City Col- lector as he-reinbefore provided. Section 48. Every person, firm or corporation. con- ducting 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 fortune telling, ast_ology, palmistry, phrenology, card reading, cartomancy, clair- voyance, 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 ex- hibition of his art therein, or who gives an exhibition thereof (17) at any place vihere a feeds 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 no license 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 50. Every person, firm or corporation en- gaged 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 en- gaged in the business of conducting a boarding house, eating house, chop house, lunch counter, coffee or refreshment saloon or restaurant, shall pay a license fee as follows: n7here the average monthly receipts are under the sum of ;'500.00 the sum of X5.00 per quarter. if7here the average monthly receipts are 'r50C.00 or over but under 'A000.00 the sum of y"7.50 per quarter. Where the average monthly receipts are y ?1000.00 or over, the sum •of V12.50 per quarter. Section 52. Every person, firm or corporation con- ductin;; or carrying on the business o selling other sort drinks, tamales or sandwiches, from or stand, shall pay a license see of per wagon, hand cart, other vehicle or stand shall a number affixed to the same, which shall be fi Collector. ice - cream, soda or any wagon, hand cart quarter, and. such be designated by zrnished by. tle City Section 5�3. every person, firm or corporation en- gaged in the business of manufacturing or selling ice shall pay a license zee of Fifteen dollars per quarter. Section 54. Every person eng',.ged in or carrying on the business of a junk dealer shall pay a license fee of Five (18) Dollars per quarter, and every person ca-rryinn on the business of junk collector, for himself or any other person, shall pay a license fee of five Dollars per quarter. A junk- dealer is defined to be any person Navin-, 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 of industry, paper, metal, or other articles commonly known as junk, and a jun."'- 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 junk dealer or junk collector must be designated by a number to be furnished by the City Collector, and placed upon such wagon or vehicle as in this ordinance provided. every junk dealer and junk shop keeper shall keep a regu- lar register showin the date, the names of all persons from whom he purchases or trades for any article or thing whatsoever, and the name or description of such article or thing he purchased or traded for. He shall also keep a register sho,Fring the names of all per- sons to whom he shall sell or trade any article or thing, a,,Jd the name or description of such article or thing so sold or trades and the date of such sale or exchange.. Such register shall at all times be open to the inspection of any police officer. Ro junk dealer or junk shop keeper 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 con- sent of the parent or guardian of such minor. Section _5. :Every public lauundry ii!here washing is done for hire or compensation must pay a license fee of Ten Dollars per quarter. (19) 0 t� 0 Section 56. {very livery and feed stable shall pay a license fee of Four Dollars per quarter. ;section 57. Every feed stable shall pay a license fee of Two Dollars per quarter. Section 56. Every person, firm or corporation operating a lumber yard or dealing in lumber roust pay a license fee of Thirty Dollars per quarter. :section 59. 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 thing whatsoever, save as in this ordinance otherwise specif- ically provided, whether on commission or otherwise, shall pay to the City the following license fee: Where the average monthly sales are under the sum of 4 "600.00 the sum of �'�2.50 per quarter. C;here the average monthly sales are Sr0-00.00 or over,.but are under C '600.00, the sum of `A.00 per quarter. Where the average monthly sales are ti�600.00 or over, but under 5900.00, the sum of 4{',6.00 per quarter. ,there the average monthly sales are s ;900.00 or over, but are under 51,200.00, the sum of A .00 per quarter. Where the average monthly sales are y�1,200.00 or over, but are under :;2,000.00, the sum of ?12.00 per quarter. Where the average monthly sales are X2,000.00 or over, but under ; 3,500.00, the sum of '16.00 per quarter. ,,'here the average monthly sales are =,rj , 500.00 or over, but are under -:5,000.00, the sum of w20.00 per quarter. Where the average monthly sales are „5,000.00 or over, but are under ';?10,000.00, the sum of ;325.00 per quarter. ,,The-re the average monthly sales are y�10,000.00 or over, the sum of 5� ,50.00 per quarter. (20) Section 60. Every person, firm or corporation conduct- ing a drug store or engaged in the business of sellin drugs shall pay a license fee of Five Dollars per quarter, unless the average monthly sales of such person, firm or corporation in such business amount to Six Huno_red Dollars Viper month or over, in which case such person, firm or corporation shall pay the merchandising; license required to be paid by Section 59 of this Ordinance. Section 61. Every person, firm or corporation who sells in the City of San Luis Obispo any bankrupt, assigned or damaged stock of goods, wares, merchandise, jovielry, 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 section shall not apply to any stock of goods owned by any person actually conducting a reg-ala-r place of business in this City which stock has been damaged by fire or water result ing from fire in the said City of San Luis Obispo. Section 62. 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 kinds of goods or wares whatever where such business is not permanently located in said City, shall pay a license fee of :6100.00 per quarter or 5 ,50.00 per week. A-1 very person, firm or corporatioi, in the City of San Luis Obispo who sells or offers to sell or engages in the business of selling any kincd of goods, cares or merchandise whatever, who shall hereafter 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 X200.00 in favor of said City, conEitioned that he will in good faith be permanently located in said City in sjch mussiness for the perioa of six months, and in delau.lt of which con(Ation he will :orfeit to said_ City the sum of %,200.00. Said boncl shall be in such forria and of such security as may '),, approved by the Council of said City anc. in case saiC_ person, firm or corporation shall in good faith permanently engage in such business for the period oi: siy_ months after the giving of such bond, said. bond shall be null and void. Otherwise said sum of '200.00 shall be forfeited to said City. Section 63. :every person, firm or corporation keeping or operating taxicabs or motor vehicles for hire or carrying pas- sengers for hire, either entirely �rrithin the corporate limits of said City or partly t-rithin and partly outside said limits and not betweeia fixed. termini, shall pay an annual license fee of Twenty - Five Dollars per year, for each vehivle used, maintained or oper- ated in such bu.i.ness, or a daily license zee of Two Dollars per day for each vehicle used, maintained or operated in such business. Then 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. Section 64. Every person,i.rm or corporation oper- atin- a passenger stage or stages, carrying - passengers for hire partly Uithi.n and partly outside the corporate limits of said City, between fig -ed_ termini, shall pay a license fee of Ttlro Dollars per quarter for each vehicle used or operated in such • business. Section 65. Every person, firm or corporation en- gaged in the business of operatin3`freight stages or carrying freight for hire either entirely or partly within the corporate lir,lits of said City, shall pay a license fee per (uarter for each truck or vehicle used or operated in such business of �2.00 and (22) -1.00 ii -1 addition for each ton by which the capacity of such truck or vehicle shall exceed two tons. Section 66. For every merry -go- round, roller coaster, ler-ris Maeel 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 music in connection there- with shall be allowed after the hour of nine o'clock P. L_. Section 67. Every person, firm or corporation engaged in the business of publishing a newspaper shall pay a license fee of `7.50 per quarter, and every person, firm or corporation engaged in the job printing business shall pay a license fee of t�5.00 per quarter, which shall be in addition to any other license. Section 66. Every person, firm or corporation engaged in the business of hauling, selling and delivering crude oil, petroleum, distillate, kerosene, gasoline, refined oil or any other product of an oil yell must pay a license fee of Five Dollars per quarter for each vehicle used or operated in said business. Section 69. 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 articles of personal property, whether on commission or otherwise, for the purpose of sale, barter or exchange or othert,iise, (except such as.are sold by auctioneers at public sale under license, and by itinerant vendors) must First obtain a license from the City Clerk 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 70. Every person in said City conductin, or (2J) carrying on as.an itinerant vendor the business of selling spec- tacles, eyeglasses,'drugs, nostrums, ointments, or any appliances for the treatment of disease, injuries, defective eyesight, or deformities, shall pay a license fee of ;x25.00 per day, which license is hereby designated as "9.n itinerant vendor's license." The term "Itine-rant vendor ", as used in this Ordinance shall include all persons who carry on the business of selling Spectacles or eyeglasses or nostrums or ointments.or drug~, 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 entertainment or any performance, lecture or public harangue for attracting persons to whom any such glasses, drugs, nostrums, oint- ment 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 conditions.; or the charging of an admission fee, or the giving or gratuitous delivery of any of the tr.jares.,in this section mentioned to a person or persons who may purchase from such itinerant vendor or vendors a ticket, consultation, opinion, examination, or articles of merchandise other than articles included within those mentioned in this section, or any scheme, trick, 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 othervrise he carries on such business in the Manner described in this section. Section 71. Every pawn broker must pay a license fee of Ten Dollars per quarter. Section 72. :Overt' person, firm or corporation manag- ing, conducting; or carrying on the business of showing or letting (24) 0 0 the use of any phonograph, tallin7 machine, l'linetescope, lung tester, muscle tester, galvanic battery, weighing machine, ball, l.nife or rind; throwing, and all devices similar in character, or a- mustment, game or test of shill, strength, physical endurance or capacity of any kind not in this Ordinance otherwise provided for, and for participation in which a fee is charged or which is con- ducted for profit, a license fee of ;�.00 per day, per cJeek or 50.00 per month must be paid. Section 73. Every photogra 7her who has a fixed and permanent gallery or place of business within said_ City shall pay a license see of „4.00 per quarter. Section 74. .every travolling or transient photographer who has no fixed and permanent place of business within said City shall pay a license fee of .,,;;.00 per day or ;;10.00 per wee'_ =. Section 75. For every rope or wire dancing, magic, theatrical entertainment, or other show or exhibition where an admission fee is charged or a collection taken up, or where vol- untary subscriptions 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 shoos or other ar�quse- ment 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 perman- ently.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, x,;3.00 ,for each performance or exhibition; for one month, :25.00 per month; for three months 9'40.00; for one year 575.00. Nothing in this section contained shall be construed (25) to prevent exhibitions or entertainments wholly for the benefit of churches or schools or other charitable or private social entertainments., for any benevolent, religious or literary society of the City without a license therefor. bone of the aforesaid provisions 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 eyhibition, 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 76. Every person, firm or corporation who keeps or conducts any public warehouse where goods, wares or merchandise or grain or commodities of any kind are stored (except household goods or effects), for hire, shall pay a license fee of Thyenty 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 X2.00 per quarter. Section 77. Every person, firm or corporation conduct- ing a planing mill or moulding mill shall pay a license fee of p7.50 per quarter. Section 78. Every person, firm or corporation conduct- ing or carrying on the business of a sawing, sizin.D or surfacing mill shall pay a license fee of ;)7.50 per quarter.. Section 79. Every person, firm or corporation'conduct- ing or carrying on a machine shop or engaged in the business of manufacturing or repairing 'machinery or vehicles, shall pay a license fee of 4`5.00 per quarter, save that where said business is conducted and all work thereof done.solely by the proprietor thereof, no license fee shall be required. (26) a W Section 80. For each skating rink a license fee of ��20.00 per quarter must be paid. Section 81.. For each pistol or shooting gallery a license fee of :;115.00 per quarter must be paid. Section 82. Each undertaker, firm, establishment or business must pay a license fee of ��15.00 per quarter. Section 83. Every person, firm or corporation con- ducting an amusement parlor shall pay a license fee of :;32.00 per quarter in addition to any other license required by this Ordinance; provided, no minor under the age of tvienty -one years shall be a1- lowed to frequent, remain in or visit any place of business licensed under this subdivision unless accompanied by parent or legal guard- ian, and said place of.business shall close at 12 o'clock midnight. Section 84. .Every person carrying on the business of periodical or magazine agent solicitinb, orders or subscriptions shall pay a license fee of N1`.G0 per clay. Section 85. Every person, :firm or corporation peddling or selling on the public streets any peanuts, candy or po1:corn shall pay a license fee of 1.00 pe-r month or .J.50 per quarter. Section 86. :�!,verpy peddler of goods, iliares or rrerchand- ise except as hereinbefore provided shall pay a license -fee of � 2.00 per day or =; 10.00 per creek or X60.00 per quarter; provided, that no person or persons shall 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, except as provided in sections ^86 and 67 of this Ordinance. Section 87. Every person, firm or corporation, who in saiC. City,. as a permanent and mgular business, peddles fruit or vegetables within said City, shall pay a license fee of ,;5.00 for each iiagon, 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 vehicles used for the convey- ance 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. Section 88. Every person who conducts or carries on the business of selling and delivering milk or cream by wagon, cart or other vehicle to more than ten customers shall pay a license fee of-w5.00 per quarter for each Aragon, 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 con- spicuous place thereon. Section 89. 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 see of 4;25:00 per quarter or a daily license of :;'5.00 per day. Section 90. Every person, firm 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 91. Every person, firm or corporation engaged in the business of conducting 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 cuarte-r. For the business of keepin; 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. (28) For the business of keeping or conductin; such motel of more than fifty rooms, '.1 vienty -:Give dollars per quarter. Every person, lira or corporation engaged in the bus- iness of conducting or keeping a lodging- house, where the average majority of the guests entertained are not transient guests pay- ing 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 zee shall be charged. For the business of keeping or conducting such lodging - house of three rooms or over `but less than twenty rooms, a quarter - ly License fee of twenty -live cents io-r each guest room in said lodging -house contained shall be charged. For the business of keeping or conductin;; such lodgicg- house o' twenty rooms or over'', a quarterly license fee of thirty- live cents for each guest room in said lodging -house contained, shall be charged. Uection 92. Every person, firm or corporation engaged in the business of selling candies, confectionery or soft drinLs at a fi-.ed place of business in said City shall pay a •license fee of Five Dollars per quarter, unless the average monthly sales of such person shall amount to Six Hundred Dollars, or over, in which case, such person, firm or corporation shall pay the merchandising license provided to be paid by section 59 of this Ordinance. Section 93. "'very 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 ;.1.00, and fifty cents in addition for each chair over two which is maintained or operated in said shop. section 94. Every person, firm or corporation engaged in the business of hauling, transporting, taking away or collect- ing -arba-e within the corporate limits of said City shall pay a license fee of Five Dollars per quarter. Section 95. Every person, firm or corporation en- gaged in the business of conducting, operating or maintaining a baEery shall pay a license fee of Five Dollars per quarter. Section 96. Every person engaged in the practice of osteopathy or maintaining an office for the practice of osteo- pathy in said City shall pay a license fee of Five Dollars per quarter. Section 97. Every person engaged in business or maintaining an office for the practice of neorology or chiro- practics shall pay a license fee of Five Dollars per ouarter. Section 98. Every -person engaged in business as a chiropodist shall pay a license fee of Five Dollars per quarter. Section 99. Every person, firm or corporation con- ducting, operating, maintaining or managing a hospital or sani- tarium for profit shall pay a quarterly license fee of .;7.50 per quarter. Section 100. All 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 period for which the same were issued respectively. Section 101. The City Collector shall, on the third l.ionday of the first month of each quarter fixed for the payment of licenses, present a �jiritten report to the Council in such form as the Council may require, of all persons, firms or cor- porations who have failed, neglected or refused to pay the license fees -required by this Ordinance. Section 102. T?o license issued- under any of the pro- visions of this Ordinance shall authorize any business or occupa- tion other than as herein mentioned to be done, transactedd or carried on; and no such license shall be in any way or manner (30) • y assignable or transferable or authorize any business to be done at any other place than as therein mentioned without the per- mission of the City Council, and when such permission shall be granted, the City Collector shall record such change or transfer on the proper register. Section 103. Ordinance Ro. 22 (New Series) of the City of San Luis Obispo, California, adopted and approved on the 27th day of December, 1912, and amended by Ordinance No. 59 (new Series) of said City, is hereby repealed. Section 104. This Ordinance is hereby declared to be urgent and necessary for the immediate preservation of the public peace, health and safety, and shall ta_ie effect and be in force from and after its final passage. Section 105. This Ordinance, together with the Ayes and Does shall be published for.two days in the "Lorning Tribune" a newspaper printed, published and circulated in said City of San Luis Obispo. Introduced and passed to print this 8th day of 1:1,rch, 1920, by th following vote: - AYE 3 BO�S : -�,3SEUT: ATTEST: C ITY CLERK. r T.r A v � pp Finally passed this day of 1920, by the following vote:- l ,J 8: NOES: A B S Eil I T T A