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Ordinance No. 7ORDINANCE NO 7 AN ORDINANCE OF THE CITY OF DAIRY CITY, STATE OF CALIFORNIA, ESTAB- LISHING REGULATIONS FOR THE LICENSING OF BUSINEsSES IN THE CITY OF DAIRY CITY. The City Council of the City of Dairy City, State of California, does hereby ordain as follows. Section 1 Person as used in this Ordinance shall mean a natural person, cor- poration, partnership, trust, association or any combination of persons or organizations ection 2. It shall be unlawful for any person, either for himself or for any other person, to commence, conduct, carry on or engage in any busi- ness in this ordinance specified, in the City of Dairy City without first having procured a license from said City so to do, or with- out complying with any and all regulations of such business con- tained in this ordinance, and the carrying on of any business without first having procured a license from said City so to do, or without complying with any and all regulations of this ordinance, shall constitute a separate violation of this ordinance for each and every day that such business is carried on or conducted Section 3. A separate license must be obtained for each branch establishment or location of the business engaged in, and each license shall authorize the licensee to engage only in the business licensed thereby at the location or in the manner designated in such license, provided that warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this ordinance shall not be deemed to be separate places of business or branch establishments Section 4. Every person who operates any business, whether upon a cost, rental or commission basis, as a concession or upon tented floor space in or upon the premises of any person licensed under any provision of this ordinance shall be required to pay the license fee and obtain a separate and independent license certificate pursuant to the ap- propriate provisions hereof and shall be subject to all the provi- sions of this ordinance. Section 5 The payment of a license fee required by the provisions of this ordinance and its acceptance by the City and the issuance of a license to any person shall not entitle the holder thereof to conduct any business in or on any building or premises designated in such license in the event that such building or premises is situated in a locality in which the conduct of such business is in violation of any law, nor to conduct any business for which a permit is required as a prerequisite to the conduct of such business, nor to conduct any illegal or unlawful business Section 6 No license shall be issued hereunder when the provisions of this -1- Ordinance No 7 ordinance or some other ordinance of the City of Dairy City require a permit to be obtained as a prerequisite to engage in or conduct such business, until such permit is first applied for and obtained Any license issued in violation of the provisions of this section shall be void Section 7 Nothing in the ordinance contained shall be deemed. or construed as applying to any person managing or carrying on, or engaging in, any business or occupation exempt from taxation by municipal corporations under the laws and constitution of the State of California, and the laps and constitution of the United States. Section 8 Before any license is issued to any person, such person shall make written application therefor to the City Clerk or Deputy Clerk upon a form to be provided by the City Clerk or Deputy Clerk Section 9 Upon a person making application for the first license to be issued hereunder or for a newly established business, he shall furnish to the City Clerk, for his guidance in ascertaining the amount of li- cense to be paid by the applicant, a written statement, under oath or under penalty of perjury, upon a. form provided by the City Clerk setting forth such information as may be therein required and as may be necessary to properly determine the amount of the license to be paid by the applicant. In all cases, the applicant for the renewal of an expired license shall render to the City Clerk, for his guidance in ascertaining the amount of the license to be paid by the applicant, a written statement, upon a form to be provided by the City Clerk, setting forth such information concerning the appli- cantss business during the preceding year as may be required by the City Clerk to enable him to ascertain the amount of the license fee to be paid by said applicant pursuant to the provisions of this ordinance Section 10. No such statement shall be conclusive upon the City, or upon any officers thereof, as to the matters therein set forth, and the same shall not prejudice the right of the City to recover any amount that may be ascertained to be due from such person in addition to the amount shown by such statement to be due, in case such statement shall be found to be incorrect Section 11 If any person hereby required to make such statement shall fail so to do, such person shall be required to pay a license at the maximum rate herein prescribed for the business carried on by such person, and shall be guilty of a violation of this ordinance, and shall be punishable therefor as herein provided Section 12 All statements filed pursuant to the provisions of this Ordinance shall be deemed confidential in character, and shall not be subject to public inspection Section 13 It shall be the duty of the City Clerk to so keep and preserve said. statements that the contents thereof shall not become known except -2— Ordinance No to the City Clerk and his deruties authorized to administer this ordinance Section 14 Upon application therefor as herein provided., and when the applicant shall have terdered the license fee as hereinafter provided, tt shall be the duty of the City Clerk to prepare and issue a license hereunder and to state upon the face of each license receipt the following (1) the person to whom the same is issued, (2) the kind of business thereby licensed, (3) the amount paid therefor, (4) the location of such business (5) the date of expiration of such license Section 15. In no case shall any mistake of the City Clerk in stating the amount of a license prevent or Prejudice the collection by the City of what should be actually due from any person carrying on a business subject to a license under the provisions of this ordinance Section 16 No license for any succeeding, current or unexpired license period shall knowingly be issued to any person who, at the time of making application for any license is indebted to the City for any unpaid license fee. Section 17 Duplicate license may be issued by the City Clerk to replace any license previously issued which has been lost or destroyed upon applicant therefor filing an affidavit attesting to such fact and, at the time of filing such affidavit, paying to the City Clerk a fee of $1 00 therefor. Section 18 No license issued under any provisions of this ordinance shall be transferred or assigned or authorize any person other than the person named in the license to carry on the business therein named, except that, with the written consent of the City Clerk endorsed thereon, a license may be transferred to another location The person apply- ing for such transfer to a new location shall pay to the City Clerk $1 00 for each such transfer Section 19 All license fees shall be paid in advance in lawful money of the United States at the Office of the City Clerk Section 20 Except as herein otherwise provided, all licenses required hereunder shall be for terms and shall be due and payable as follows (a) The term of annual licenses shall be one year, beginning July lst of each year (b) All license fees shall be due and payable on the first day of the license term for which the license is required. Daily licenses shall be due and payable each day in advance Section 21. The first license fee payable under this ordinance shall be for the period commencing October 8, 1956, to July 1 1957. --3- 0rd_inanee No. Section 22 No greater or lesser amount of money shall be charged or received for any license hereunder than is specified therefor in this ordinance, and, except as hereinafter provided, no license shall be granted or issued for any period of time other than the full then current license period provided herein for such license. It is provided, however that in cases where a portion of an annual license period has elapsedprior to the time application is made for a license, the amount of the fee payable shall, in such cases, be apportioned on a quarterly basis, and the applicant for license shall pay the full license fee, or three-quarters, two -quarters, or one-quarter as the case may be, of the total license fee. Section 29 Except as otherwise specifically provided by the provisions of this ordinance, all licenses must be kept and posted in the following manner (a) Subject to other provisions of the ordinance, any licensee engaged in business in the City of Dairy City at fixed place of business shall keep the license certificate issued posted in a conspicuous place upon the premises where such business is conducted. (b) Any person engaged in business in the City of Dairy City, but not operating from a fixed place of business, shall keep thelicense certificate issued to him upon his person at all times ?chile engaged in such business. Section 24. The City Clerk, his deputies, City Administrator and all Police Officers of this City are hereby appointed inspectors of licenses, and, in addition to their several duties, they are hereby authorized to investigate all places of business and all persons engaged in or carrying on any business in this City and they are hereby directed to enforce each and all of the provisions of this ordinance Section 25 The City Clerk, in the exercise of the duties imposed upon him hereunder, and acting through his deputies or duly authorized assistants, City Administrator and any police officer or duly author- ized assistants, shall have the power and authority to enter free of charge at any time any place of business for which a license is required under this ordinance and to demand the exhibition of such license for the current term by any person in charge of such place of business and if such person shall then and there fail to exhibit such license upon demand, then the person carrying on or engaging in such business shall be liable to the penalty provided for the violation of any of the provisions of this ordinance The City Clerk ized employees and records of to be licensed certaining the visions hereof. Section 26 and his deputies, City Administrator, and duly author - shall have the power to examine all necessary books all persons doing business in the City and required by the terms of this ordinance for the purpose of as - amount of license fee reauired to be paid by the pro - Section 27 Every annual license which is not paid within a period of thirty (30) days from the time the same becomes due and payable is hereby -4- Ordinance No declared to be delinquent, and the City Clerk shall thereupon add to said license and collect a penalty of ten percent (10%) of the license so delinquent, if such license is not paid within sixty (60) days from the time such license becomes due and payable, an additional sum of fifteen percent (15%) shall be added to such license and collected as a penalty Section 28 Every daily license which is not paid at the close of business on the day when the same was due and payable is hereby declared to be delinquent, and the City Clerk shall_ thereupon add to said license and collect a penalty of ten percent (10%) of said license so delinquent, if such license is not paid within ten (10) days from the time such license becomes due and. payable, an additional sum of fifteen percent (15%) of said license shall be added to said license and collected as a penalty Section 29 The amount of any license fee and penalty imposed by the provisions of this ordinance shall be deemed a debt to the City of Dairy City, and any person carrying on any business without first having procured a license from said City so to do shall be liable to an action in the name of the said City in any court of competent jurisdiction for the amount of license and penalties imposed on such business Section 30 The conviction and punishment of any person for transacting any business without a license shall not excuse or exempt such person from the payment of any license due or unpaid at the time of such conviction, and nothing herein shall Prevent a criminal prosecution for any violation of the provisions of this ordinance Section 31. The City Clerk and his deputies or City Administrator may, and it shall be the duty of Police Officers to, cause complaints to be issued against all Persons violating any of the provisions of this ordinance. Section 32. On order of the City Council, any license fees or penalties, or Portion thereof, may be refunded if they were (a) Paid more than once (b) Erroneously or illegally collected (c) Pais' in an amount in excess of the correct amount due (d) Issued for a business which becomes prohibited or illegal under some law In such case, the amount to be refunded shall be prorated on the basis of the proportion which the number of days remaining in the license period for which the license fee was paid bears to the number of days in the whole period Any person entitled to a refund. of any such fees shall file a verified application therefor with the Council Such application may be made only by the person who made the payment, his guardian, executor, administrator or heir Refund shall not be made to an assignee of the applicant No person shall be entitled to any such refund of license fees unless application is made within six (6) mohths from the date such license fees were paid or the fees became Ordinance No -5- refundable under subdivision (d) above, and the failure to file such applicr.tion within the time prescribed above shall bar any right of recovery No refund of license fees shall be made where the license was issued under a misrepresentation of fact by applicant and such applicant actually engaged in the conduct of the business for which the license was granted. In all cases, the correct amount due for a license shall be paid before refund is made Section 33 The schedule of basic business license fees is Business Classification Annual Fee 1 (a) Dairies Eilkinc cows, per he'd $ 0.50 (b) Feed Yards* 10 to 50 Head of Cattle 10 00 51 to 150 Head of Cattle 50 00 151 to 300 Head of Cattle 75.00 301 to 550 Heqd of Cattle 100 00 551 to 1,000 Head of Cattle 150 00 1,001 Head of Cattle or 'Fiore 200 00 2 Hay, Grain, & Feed Dealers 1,000 to 10,000 Tons Gross Annual Sales 10,001 to 20,000 Tons Gross Annual Sales 20,001 'ions or More Gross Annual Sales 3 Fertilizer Plants L Poultry Producers - Chickens* (a) Laying Hens 250 to 1,000 1,001 to 5,000 5,001 to 10,000 10,001 to 15,000 15,001 or i•ore (b) heat Birds 250 to 1,000 1,001 to 5,000 5,001 to 10,000 10,001 to 15,000 15,001 or Fiore 5 Poultry Producers - Turkeys. 50 to 250 Turkeys 251 to 5,000 Turkeys 5,001 Turkeys or i'iore 6 Egg Distributors (Buying for resale) 7. Live Poultry i>ealers 8 Farming (Vegetables, Fruits, Nursery Stock). 5 to 25 Acres of Row Crops 26 to 50 Acres of How Crops 51 to 100 Acres of =low Crops 101 Acres of Row Crops or Eore 9. Petroleum Products - Retail 10 Oil :fell (plus 10 per barrel produced) 11 Oil Well Drillers 12 Manufacturing or Processing -.6- Ordinance No 7 25 00 50 00 100.00 75 00 10 00 25 00 50 00 75 00 100 00 10 00 25 00 50.00 75 00 100 00 10 00 25 00 50 00 50 00 25 00 25 00 50 00 75 00 100.00 25 00 100,00 50.00 25.00 13 Food & Drink, Retail ('-iestaurant, Grocery, Bar) Grocery Store 50 00 :retaurant (less than 3 employees) 25 00 Restaurant (3 employees or more) 50.00 Retail Liquor Store 50 00 Beer Parlor (less than 3 employees) 25 00 Beer Parlor (3 employees or more) 50 00 Cocktail Bar 50 00 14. Petroleum Storage Tank Farm. Each tank under 50,000 barrels Each tank 50,000 to 100,000 barrels Each tank over 100,000 barrels 15. Horse dace Track and Parimutuels 16 Each Other Business Section 34. 2 50 5 00 7 50 500.00 25 00 For purposes of this ordinance, "cattle" does not include bovine animals less than one year of age and "laying hens" does not include chickens less than six months of age Section 35. For any manufacturing or �:rocessing business employinL more than three (3) -,ersons, not including the owner, owners, or any partner of any business, in addition to the basic business license fee herein stated said business, company, partners, or owners shall pay an additional :,;;5.00 for each employee over three Section 36. Any company, individual, partnership, etc., conducting any type of business for profit within the city limits of the City of Dairy City is required by this section to possess a city business license in order to continue operation or to commence a new enterprise Section 37. Any public utility operatin in the city under a franchise or fran- chises from the city and who makes franchise payments thereunder is not subject to the provisions of this ordinance except to the extent it engages in retail merchandising within the city not covered by its franchise Section 38 Any person, whether acting as principal, agent, officer, clerk or employee, who shall violate any of the provisions of this article, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than ;;500 00, or by imprison- ment in the city or county jail for a period not exceeding 90 days, or by both such fine and imprisonment. Section 39 This ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health and safety, and shall take effect immediately The following is a statement of the facts showin its urgency Because of the immediate necessity for operating: funds and the fact that the city does not now have sufficient funds to pay for operating -7- Ordinance No 7 expenses, it is necessary that this revenue --raising ordinance take effect immediately and within 15 days shall be posted in 3 public places in the City of Dairy City, together with the names of the members of the City Council voting for and against the same PASSED AND ADOPTED this 8th day of October , 1956 ATTEST )27 /0642--2&Z-Z6; `0".. Clerk of the Council of the City of Dairy City STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF DAIRY CITY } 88 Mayor of the City •f Dairy City I, Martin Olsthoorn, City Clerk of the City Council of the City of Dairy City, California, do hereby certify that, at a regular meeting of the City Council held on the 8th day of October , 1956, the foregoing Ordinance, containing thirty-nine (39) sections, was con- sidered section by section and that the said ordinance was then passed and adopted as a whole by the following vote AYES Arrowood Arnold, Baroldi, Van Dyke, and Van Leeuwer, NOES* none ABSENT. N:_ne IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City Council of the City of Dairy City, California, this 8th day of October , 1956. Ordinance No Martin "Olethoo'n City Clerk of the the City of Dairy -8- City Council of City