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Ordinance No. 8233 ORDINANCE NO 82 AN ORDINANCE OF THE CITY OF CYPRESS LICENSING THF. TRANSACTIONS OF BUSI- NESSES, TRADES, PROFESSIONS, OCCUPATIONS AND SERVICES IN THE CITY OF CYPRESS FOR THE PURPOSE OF RAISING REVENUE AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE. THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1: DEFINITIONS: The following words and phrases when- ever used in this or the following Sections shall be construed as defined in this Section, unless from the context a different meaning is intended, or unless a different meaning is specifically defined and more particularly directed to the use of such words and phrases: (A) Gross Receipts "Gross Receipts" means the gross receipts of the preceding fiscal year and is: The total amount of the sale price of all sales, the total amount charged or received for the performance of any act, service or employment of whatever nature it may be, whether such service, act or employment is done as a part of or in connection with the sale of goods, or not, for which a charge is made or credit allowed, including all receipts, cash, credits and property of any kind or nature, any amount for which credit is allowed by the seller to the purchaser without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or service ccsts, interest paid or payable, losses or other expenses whatsoever; provided, that cash discounts allowed or taken on sales shall not be included and this or the following Sections shall not be construed to impose any tax upon any business or transaction which the city is not authorized to license or tax under the laws of the State or of the United States. Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser, and such part of the sales price of any property previously sold returned by the purchaser, and such part of the sales price of any property previously sold returned by the purchaser to the seller which is refunded by the seller by way of cash or credit allowance given or taken as part payment on any property so accepted for resale, shall be de- ducted for the purpose of determining the gross receipts hereunder. (8) Gross Payroll "Gross Payroll" means the gross payroll of the pre- ceding fiscal year and is: The total gross payroll before deductions of any kind are made (C) License Periods Ordinance No 82 The annual license period commences on the 1st day of July of each year and ends on June 30th of the subse- quent year The daily license period commences at the hour of 8.00 o'clock A.M. of any day and ends at 8:00 o'clock A.M. of the next day. The quarter -annual license periods commence on any day of issuance of such license and ends three months after such day. (D) Unpaid License Fee "Unpaid License Fee" means not only all license fees owing for licenses therefore issued, but also any sums or amount which the City would have received had a license been issued as required by this or the following Sections Words and phrases used in this or the following Sections not specifically defined shall be construed according to the context and approved use of the language SECTION 2: REVENUE MEASURE: This and the following Sections are enacted solely to raise revenue for municipal purpos % and are not in- tended for regulation. SECTION 3: UNLAWFUL BUSINESS: No license issued under the pro- visions of this or the following Sections shall be construed as author- izing the conduct of or continuance of any illegal or unlawful business SECTION 4; LICENSE AMOUNT. A DEBT: The amount of any license imposed by this or the following Sections together with any penalties accruing thereon shall be deemed a debt due to the City from the person required to pay the same and an immediate cause of action shall accrue to the City for the collection thereof in any court of competent jurisdiction. SECTION 5: SUBSTITUTE FOR OTHER REVENUE ORDINANCES: Any person required to pay a license tax for transacting and carrying on any busi- ness under this or the following Sections shall be relieved from the payment of any license tax for the privilege of doing such business which has been required under any other Ordinance of the City of Cypress but shall remain subject to the regulatory provisions of such other Ordinance This Section shall not apply to inspection fees SECTION 6. EFFECT OF ORDINANCE ON PAST ACTIONS ANIJ OBLIGATIONS PREVIOUSLY ACCRUED. Neither the adoption of this or the following Sections nor its superseding of any portion of any other Ordinance of the City of Cypress shall in any manner be construed to affect prosecution for violation of any other Ordinance committed prior to the effective date hereof, nor be construed as a waiver of any license or any penal provision applicable to any such violation, nor be construed to affect the validity of any bond or cash deposit required by any Ord- inance to be posted, filed, or deposited, and all rights and obligations thereunto appertaining shall continue in full force and effect SECTION 7: LICENSE REQUIRED: There are hereby imposed upon the business, trades, professions, callings and occupations specified in this or the following Sections, license taxes, in the amounts hereinafter prescribed, and it shall be unlawful for any person to commence or to transact, or to carry on any business, trade, profession, calling or occupation in the City of Cypress without first having procured a license from said City so to do or without complying with any and all applicable provisions of this or the following Sections SECTION 8: BRANCH ES1ABLISHMENTS: 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 con- nection with and incidental to a business licensed under the provisions of this or the following Sections shall not be deemed to be separate places of business or branch establishments. Ordinance No 82 35 Fvery person who operates any business, whether upon a cost rental or commission basis as a concession or upon rented floor space in or upon the premises of any person licensed under any provision of this or the following Sections, shall be required to obtain a separate and independent license pursuant to the appropriate provisions of this or the following Section, and shall be subject to all of the provisions of this or the following Sections SFCTION 9: PARTNERSHIPS: In the event that any business con- ducted, managed, or carried on in the City of Cypress is organized as a nartnership or joint venture, the scheduled license fee need be paid. only. by the said partnership or joint venture and not by each individual partner or joint venture SECTION 10: TWO OR MORE BUSINESSES, SAME LOCATION: Except as otherwise expressly provided in this or the following Sections any person conducting, managing, or carrying on two or more businesses, licensed by this Ordinance, at the same location shall be required to apply for and obtain a license for only one of such businesses, provided, however, that if the amount of such license differs for such businesses, such person shall obtain a license for that business for which the largest amount or fee is provided b;, this or the follow- ing Sections, provided, further, that in cases where the license tax upon two or more businesses is based upon the gross annual receipts of such businesses, then, one license shall be issued on the basis of the combined total gross receipts of the several businesses. SECTION 11: EXEMPTIONS: CONSTITUTION OR STATUTES OF THE UNITED STATES OR OF THE STATE OF CALIFORNIA: Nothing in this or the following Sections shall be deemed or construed to apply to any person transacting and carrying on any business exempt by virtue of the Constitution or applicable status of the United States or of the State of California from the payment to municipal corp- oration of such taxes as are herein prescribed. (A) Charitable Organizations. Ordinance No 82 The provisions of this or the following Sections shall not be deemed or construed to require the payment of a license fee to conduct, manage or carry on any business, occupation or activity, from any institution or organization which is conducted, man- aged or carried on wholly for the benefit of chari- table purposes or from which profit is not derived, either directly or indirectly, by any individual, firm or corporation; nor shall any license fee be required for the conducting of any entertainment, concert, exhibition, or lecture on scientific, his- torical, literary, religious, or moral subjects within the City of Cypress, whenever the receipts of any such entertainment, concert, exhibition or lecture on scientific, historical, literary, re- ligious or moral subjects within the City of Cypress are to be appropriated to any church or school or to any religious or benevolent purpose, nor shall any license fee be required for the conducting of any entertainment, dance, concert, exhibition, or lecture by any religious, charitable, fraternal, educational, military, state, county, or municipal organization or association, whenever the receipts of any such enter- tainment, dance, concert, exhibition or lecture are to by arpropriated for the purpose and objects for which such organization or association was formed, and from which profit is not derived, either directly or indirectly by any individual, fire or corporation, provided, however, that nothing in this Section shall be deemed to exempt any such organization or association from comply- ing with the provisions of any Ordinance of the City of Cypress requiring a permit from the City Council or any commission or officer to conduct, manage or carry on any profession, trade, calling or occupation. (B) Claim for Exemption. Any person claiming an exemption pursuant to this Ord- inance shall file a verified statement with the Director of Finance stating the facts upon which exemption is claimed. (C) License The Director of Finance shall, upon a proper showing contained in the verified statment, issue a license to such person claiming exemption under Section 17 without payment to the City of the license tax required by this or the following Sections. (D) Revocation! The Director of Finance may revoke any license granted pursuant to the provisions of this or the following Sections upon information that the licensee is not en- titled to the exemption as provided herein (E) Exemption, Farmers, Farmers and horticulturists who sell exclusively products actually produced or grown by them shall be exempt from the provisions of this Ordinance. (F) Exemptions, Home Occupations. All persons who are engaged in a business within the City who conduct their business from their place of resi- dence, within the City, who do not employ persons to aid in their business who have no advertising signs on their property, or who do not regularly pay for advertising, who have no retail sales tax permit, who do not use or operate trucks as a part of their business, and whose business is not specifically named or set forth in this Ordinance shall be exempt from the payment of a license or fee under the provisions of this Section, provided that said person shall first make written application to the Council for exemption and the City Council finds that said person is so exempt Such person may be so exempt even though the City Council finds that a license would be required under Section lA, of this Ordinance when said person presents evidence satisfactory to the City Council that said person has a gross anual income of less than $1,000 00 from said business. SECTION 12: APPLICATION. CONTENTS OF LICENSE: Every person required to have a license under the provisions of this or the follow- ing Sections shall make application for the same to the Director of Finance of the City of Cypress upon forms prescribed by the City. The Director of Finance shall issue to such person a license which shall contain: The name of the person to whom the license is issued The business licensed. The place where such business is to be transacted and carried on. The date of the expiration of such license Such other information ee may be necessary for the enforcement of the provisions of this or the follow- ing Sections Ordinance No 82 SECTION 13: LICENSE: NEW BUSINESS. All annual license fees, under the provisions of this Ordinance shall be due and payable in lawful money of the United States in advance on the First day of July of each fiscal year. Any person doing business less than a full year shall pay a license fee in advance which shall be pro- rated from the date of the beginning of the fiscal quarter in which said business is commenced in accordance with the provisions of this Ordinance All persons who are required to pay a license based on a gross receipt or gross payroll basis who does business less than a full year shall pay in advance the minimum license fee which shall be prorated from the date of the beginning of the fiscal quarter in which said business is commenced in accordance with the provisions of this Ordinance At the end of the fiscal year during which the operation of said business is commenced the license tax for such yearly period shall be ascertained and due and pay- able based on a prorate from the date of the beginning of the fiscal quarter in which said business is commenced in accordance with the previsions of this Ordinance. SECTION 4, LIC :NSF: BUSINESS IN OPERATION PRIOR TO THE ADOPTION OF THE BUSIUSS LICENSE ORDINANCES: Businesses on a gross receipts or on a gross payroll basis which have been in operation during the entire fiscal year preceding the adoption of the Business License Ordinance shall submit a statement on a form prescribed by the City of the amount of gross receipts or of gross payroll for the preceding fiscal year from which the current annual license fee will be determined and pro- rated in accordance with the number of days remaining in the License Period. All statements filed pursuant to the provisions of this Section or Section 13 shall be deemed confidential in character and shall not be subject to public inspection, provided, however, that the same may be introduced as evidence in any court of comp- etent jurisdiction in cases of alleged violation of this or the following Sections by any maker of such statement Businesses on a gross receipts or flat rate basis in oper- ation prior to the adoption of the Business License Ordinance but which have not been in operation during the entire preceding fis- cal year period will be licensed in the same manner as new busi- nesses SECTION 15. DUE DATE OF FIRST LICENSE FEE: The first license fee due and payable under this or the following pro- visions shall be for the period of July 1, 1961 to June 30, 1962 SECTION 16. LICENSE. MAN .R OF PAYMENTS. All licenses shall be paid for in lawful money of the United States of America All daily license fees shall be paid in advance on each day All quarter -annual licenses shall be paid at the time of application. All annual licenses on a flat rate basis become due and payable July 1st All annual licenses on a gross receipts basis become due on July 1st, but are payable any time prior to the following September 1st, without penalty. Ordinance No 82 '38 SECTION 17: ZONING AND OTHER REGUL1TIONS: No license shall be issued to any person failing to present any land use permit required by the Zoning Ordinance, or who has failed to comply with the pro- visicns of any other regulation having to do with trade, business or occupation SECTION 18: UNFAID LICENSE FFES: No license for any succeeding current, or unexpired license term shall knowingly be issued to any person who at the time of making application for any license is in- debted to the City for any unpaid license fee. SECTIONJ9: LOANING LICENSE PROHIBITED: No person shall loan his license to another. SECTICN 20: NO LICENSE TRANSFF'HABLE: AMENDED LICENSE FOR CHANGED LOCATION: No license issued pursuant to this or the following Sections shall be transferable, provided, that where a license is issued authorizing a person to transact and carry on a business at a particular place, such licensee may, upon application therefore and paying a fee of $2 00 have the license amended to authorize the trans- acting and carrying on of such business under said license at some other location to which the business is or is to be moved. SECTION 21,1 DUPLICATE LICENSE: In the event that any licensee loses his license, or the same is destroyed, he may procure a duplicate license from the Director of Finance by payment to him of the sum of $2.00. SECTION 22: ENFORCEMENT: It shall be duty of the Director of Finance, and he/she is hereby directed to enforce each and all of the provisions of this and following Sections, and the p=olice Chief shall render such assistance in the enforcement hereof as may from time to time be required by the Director of Finance and/or the City Council The Director of Finance, in the exercise of the duties imposed upon him/or her hereunder, and acting through his deputies or duly authorized assistants, may examine or cause to be examined all places of business in the City to ascertain whether the provisions of this Ordinance have been complied with. The Director of Finance and each and all of his assistants, and any police officer shall have the power and authority to enter, free of charge, and at any reasonable time, any place of business required to be licensed herein, and demand an exhibition of its license certi- ficate Any person having such license certificate theretofore issued, in his possession or under his control, who willfully fails tc exhibit the same on demand, shall be guilty of a misdemeanor and subject to the penalties provided for by the provisions of this or the following Sections It shall be the duty of the Director of Finance and each of his/her assistants to cause a complaint to be filed against any and all persons found to be violating any of said provisions SECTION 22: ADDITICNAL POWER OF DIRECTOR OF FINANCE: In addition to all other powers conferred upon him%her, the Director of Finance shall have the power to compromise any claim as to the amount of license tax due, or tc make any decisions as to which Section or Sections of this Ordinance are pertinent to a given business SECTION 24: API-EAL: Any person aggrieved by any decision of an administrative officer or agency with respect to the issuance or refusal to issue such license may appeal to the Council by filing a notice of appeal with the City Clerk of such Council The Council shall thereupon fix a time and place for hearing such appeal The Clerk of the Council shall give notice to such person of tt.e time and place of hearing by serving it personally or by depositing it in the United States Post Office at Cypress, California, postage prepaid, addressed to such person at his last known address. Ordinance No 82 SECTION 25. LICENSE TO BE, POSTFD IN CONSPICUOUS PLACE: Any licensee engaged in a business at a fixed place of business shall keep the license issued to him posted in a conspicuous place upon the premises where such business is conducted Any licensee not operating from a fixed place of business shall keep the license issued to him upon his person at all times while engaged in the business within the City. SECTION 26. PENALTIES FUR FAILURE TO PAY TAX WHEN DUE: The Licenses in this and the following Sections shall be due and pay- able to the Director of Finance or his/her representative, and a penalty of ten per cent (10%) shall be added to each license re- maining unpaid thirty (30) days after it becomes due. On the first day of each month thereafter that such fee remains unpaid, an additional penalty of ten per cent (10%) of such unpaid fee shall be added, provided that the maximum amount shall not exceed an amount equal to the amount of such fee, and provided that penalty of ten per cent (10%) will be added on September 1st for those unpaid license fees based on a gross receipts basis and an additional ten per cent (10%) on the first day of each month thereafter. SECTION 27: BOTH CRIMINAL AND CIVIL ACTION AUTHORIZED FOR FAILURE TO PAY LICENSE FEF: The conviction and imprisonment of any person for engaging in any business with- out first obtaining a license to conduct such business shall not relieve such person from paying the license tax to conduct such business, nor shall the payment of any license tax prevent a crim- inal prosecution for the violation of any of the provisions of this or the following Sections. All remedies prescribed hereunder shall be cumulative and the use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof. SECTION 28: LICENSE FEE: DURATION OF LICENSE: The fee for any license required by any Section of this Ordinance shall be that set forth for the particular business involved The fee and the duration of the license shall be annual, quarterly, monthly, weekly, or daily as indicated in this Ordinance. The letter "a" following the fee shall indicate an annual fee; the letter "d" shall indicate daily fee, the letter "m" shall indicate monthly fee; the letter "q" shall indicate quarterly fee; and the letter "w" shall indicate weekly fee All amounts shown are in dollars. SECTION 29. ADVERTISING. By distributing samples or handbills, provided that this subsection shall not apply to any person, employee, agent, or representative of any person who already has a City license as proved elsewhere in this Ordinance $25 00 a By sign posting or bill posting, but not including sign painting $50.00 a By vehicle containing amplifier, phonograph, loud speakers, etc For each vehicle $50 00 a Or at the option of the licensee, for each vehicle . $10.00 d If any such vehicle is used by a City licensee to advertise solely his own licensed business and such vehicle is regularly registered and licensed by the State to such licensee, then the fee for each such vehicle . ... $15.00 a Or at the option of the licensee, for each such vehicle ... $ 5 00 d By means of stereopticsn, biograph, moving picture, or similar device (not motion picture theatres), used outdoors . $ 125 00 a Or used indoors $ 50 00 a Ordinance No 82 Billboards For every person conducting, managing, or carrying on the business of sign advertising by means of billboards ;100.00 a per billboard Nothing herein contained shall be deemed or construed as applying to the owners of real estate or their agents in advertising their property for sale or lease by means of billboards situated ujon property advertised for sale or lease by such billboards. SECTION 121 AMUSEMENTS: Any public amusement center, room, business, or parlor, wherein no pool tables, billiard tables, or bowling alleys are kept or maintained for use, by the public $ 100 00 a For any amusement center, room business, or parlor containing pool tables, and/or billiard tables, and/or bowling alleys, for each such table or alley, with a minimum fee of $100 00 per annum 15 00 a (A) Same Boxing or wrestling exhibition, per exhibition .. 15.00 Carnival, tent show or open-air show, or in hall or building constructed for theatrical purposes . .. .. . 100.00 d In addition for 5 concessions or less 20.00 d In addition for each concession in excess of 5 4.00 d Juke box, phonograph or motion picture device operated by insertion of coin, Per machine (The owner cf the business wherein the machine is located shall be held responsible for the full amount of the license fee if the owner of the machine has not paid the fee when due and payable ) 15 00 a SECTION 31: AUCTIONEER. For the business of auctioneer 25 00 d SECTION 32: CEMETERIES MORTUARIES AND UNDERTAKING. Gross receipts basis as defined in Section 1 (A). SECTION 33: CIRCUS: With seating capacity under 4,000 first day 150.00 d Each additional day . 100 00 d W ithseating capacity over 4,000 first day 200 00 d Each additional day 100.00 d For every side show in conjunction with a circus 10.00 d For every concession in conjunction wits- s circus 5 00 d SECTION 34: CONTRACTING OR SUBCONTRACTING BUSINESSES (OR ANY COMB- INATION THERFOF): hs contractor or sub -contractor, including building, construct- ing, plumbing, electrical, painting, plastering, masonry, floor finishing, publishing, interior decorating, land- scaping, lawn renovating, wall papering, or any other work on buildings or grounds requiring a license by the State of California .. . 40.00 a Ordinance No 82 SECTION 35: DAIRIES: $25.00 annually or 100 per milking cow, whichever amount is the greater SECTION 36. DANCING: Public Dance Hall . . $ 200.00 a Or at option of licensee, per dance 10 00 d Dancing teacher .... 20.00 a SECTION 37: FEED YARDS: $200 00 annually plus 200 for each animal delivered from the premises exceeding 1,000 head per year A deposit shall be made at the beginning of the fiscal year based on the number of animals delivered in the preceding year. SECTION 38: FIREWORKS. Every person conducting, managing, or carrying on the retail business of dealing in or selling (permit required) see Section 60, duration or permit SECTION 39: GROSS RECEIPTS LICENSE. For every person, firm or corporation conducting, managing or carrying on the business of selling & retail any goods, services, wares, or merchandise not otherwise specifically licensed by other Sections of this Ordinance shall pay an annual license fee based on its gross annual receipts as follows: Gross annual receipts up to $25,000.00 . ... $ 25.00 min. For additional gross receipts of $25,000 00 up to $100,000.00 .. . . . 30¢/$1000 00 For additional gross receipts of $100,000.00 up to $500,000 00 . 20¢/ 1000.00 For all additional gross receipts of $500,000.00 and over . . . 10¢/$1000 00 SECTION 40: HORSE RACING: For each person, holding, managing or conducting any meeting within the City whereat horse racing with wagering on the results thereof by the system known as the pari-mutuel is permitted by the laws of the State .. $ 50 00 d SECTION 41: HOUSEMOVING: Housemoving or wrecking of buildings and/or structures ... •... .... ........... $ 50 00 a SECTION 42: MANUFACTURERS AND WHOLESALERS: For every person, firm or corporation conducting, managing or carrying on a business consisting mainly of manufacturing, packing, processing, canning, or selling at wholesale, goods, wares, produce, or merchandise, shall pay an annual license fee based on its gross annual payroll before deductions as follows: Gross annual payroll up to $20,000 00 $y 25 00 min. For additional gross payroll_ of $20,000 00 up to $100,000 00 . ... . ... 50¢/$1000.00 For additional gross payroll of $ 100,000.00 up to $500,000.00 .. 200/$1000 00 For all additional gross payroll of $500,000 00 and over . 10¢/$1000 00 Ordinance No 82 7 11 1--S I- i 1-7 r SECTION 43: PAWN BROKER: Pawn Broker (for the purpose of this Section the term "pawn broker" includes every person conducting, managing, or carrying on the business of loaning money either for himself or for any other person, upon any person property, personal security, or purch- asing personal property and reselling or agreeing to resell such property to the vendor or other assignee at prices previously agreed upon Nothing in this Section shall be deemed to apply to the loaning of money on pers- onal property or personal security by any bank authorized to do so under the laws of the State or of the United States $300 00 a SECTION 44: PETROLEUM STORAGE TANK FARMS: Each tank under 50,000 barrels 2.50 a Each tank 50,000 to 100,000 barrels 5 00 a Each tank over 100,000 barrels 7 50 a SECTION 45: PEDDLER: Of flags, banners, balloons, cones, horns, noise -making instruments, toys, notions, souvenirs or other similar goods, not vehicle (For license fee by motor vehicle see Section 71 of this By pushcart, per vehicle By basket, or other container carried by hand . Of medicines, who calls attention to his wares by use of music, entertainment, speech, fancy dress, or other device on any street, in any doorway, or on any vacant lot, whether actual sale is made upon said premises or elsewhere Of medicines, other than as above 2 50 d Ordinance) 10 00 q 10 00 q 2500d 1000d Of toys, notions, goods (other than medicines) who calls attention to his wares by use of music, enter- tainment, speech, fancy dress, or other device 25.00 d Of any article or commodity not mentioned in this Section 10 00 q SECTION 46: PROFESSIONAL BUSINESSES AND SERVICES. (OR ANY COMBINATION THEREOF) 40.00 a Abstractor of titles Accountant Advertising Counsel Appraiser Aquarian Architect Agricultural Advisor or Counselor Assayer Attorney-at-law Auditor Bail Bond Broker Claims Adjuster Certified Public Accountant Chemist C hirothesian Chiropodist Chiropractor Civil Engineer Construction Engineer Interior Decorator Dentist Dental Laboratory Consulting Engineer Electrologist Geologist Herbalist Insurance Broker Insurance Adjuster Investment Counselor Landscape Architect Lapidary Mechanical Engineer Naturopath Oculist Optician Optometrist Oral Surgeon Orchard Care Osteopath Physician Physician and Surgeon Physician Real Estate Broker Sanitation Engineer Stock and Bond Broker Dealing in Stocks, Bonds, or Securities Surgeon Ordinance No. 82 43 Designer Surveyor Detective Taxidermist Detective Agency Travel Bureau Draftsman Tree Surgery Drugless Practitioner Tree Removing Electrical Engineer Tree Trimming Employment Agency or Bureau Veterinarian Chemical Engineer Sign Painter Mortician SECTION 47. PUBLIC UTILITIES: Any Public Utility operating in the City under a franchise or franchises from the City, or applicable therein; and who makes franchise payments thereunder is subject to the provisions of this Ordinance only to the extent it engages in retail merchandising not covered by the franchise in the City. SECTION 48: ROOMING HOUSE, APARTMENT HOUSE OR BUNGALOW COURT: For every person conducting, managing or carrying on the business of operating an apartment house, rooming house, bungalow court, motel or auto court consisting of four or more units, for the first /j. units .... $15.00 a For each additional unit over four, per unit 3 00 a (Provided the maximum fee shall be $4.0 00 per year) SECTION 49: SMALL STANDS AND BUSINESSES: Scissor grinder, without regular place of business • .. . $15.00 a Shoe Shine Stand.. .. 15.00 a Pop Corn or other small confectionary stand in or upon any public street, alley or other public place $100 00 a Or at the option of the licensee - a daily fee .. 5.00 d Newstand in or upon any public street, alley or other public places 20 00 a Flower stand in or upon any public street, alley or other public place . . . . 100.00 a SECTION 50: SOLICITOR: HOUSE TO HOUSE: Every person con- ducting, managing or carrying on the business of solicitor shall pay a daily license of Ten Dollars($10.00) for each person employed or engaged in such business. For the purpose of this Section the word "solicitor" shall be defined as any person who is engaged in the business of going from house to house, and place to place, or at or along the streets of the City, selling or taking orders for or offering to sell or take orders for goods, or merchandise, or service, or other things of value, for future delivery or for services to be performed in the future This Section shall not apply to any person, or employee or agent or representative of any person who has a license in this City as provided elsewhere by this Ordinance or who takes orders only from businesses licensed under this Ordinance. (A) On Streets for Hotels, E tct.' Any person conducting, managing or carrying on the business of soliciting customer patronage upon any public street, alley, or other public place, for any hotel, inn, rooming -house, lodging -house, apartment house, restaurant, dining room or house or place where meals or board or lodging are fur- nished for compensation, shall pay an annual license fee of $50 00 Ordinance No 82 SECTION SUBDIVIDER: Every person who is required to file a final subdivision map pursuant to the provisions of this Ordinance shall at the time of the filing of each final map rith the City for the approval of the City Council, pay the fees as set forth in the Sub- division Ordinance No other business license fee shall be charged to said subdivider. SECTION 52: TAXICABS. For the transportation of passengers when driven by the owner or a representative of the owner, or by the person or persons hiring or renting the same at rates per mile, per trip, or per time, and such vehicle is routed under the direction of the passenger or passengers or of such persons hiring the same, for each such vehicle . . $20 00 a SECTION 53: TIP SHEETS: For every person who by any means engages in the business or practice of disseminating, distributing, passing out, giving away, handing out, selling, offering for sale, or soliciting for the sale of any sheet, dodger, handbill, circular, letter, booklet, or any other printed, typewritten, mimeographed or written matter of any kind, pertaining to any horse race, choice of a horse or horses, recommending any horse or horses, or giving or conveying any information about any horse race or contest of endurance or speed between horses or beast whether at a fixed place of business within the City or otherwise, Six Hundred Dollars ($600 00) per ninety (90) day period. The number of persons allowed to distribute such material under any one license shall not exceed six (6) persons during any day. SECTION 54; TRADE OR BUSINESS SCHOOL: For every person conducting, managing or carrying on any trade school, trade college, business school, or busi- ness college X30 00 a For every person conducting, managing, or carrying on, at an established place of business a school where instruction is given in music, art, dramatics, designing, dressmaking, mechanics or any other trade or fine art . $20 00 a Where there is no regularly established place of business . $ 15 00 a SECTION 55: TR'iILER PARKS. For every person conducting, managing, or carrying on the business of a trailer park .. ..50.00 a SECTION 56: TRANSPORTATION, TRUCKING AND HAULING: For every person engaged in the business, in whole or in part, of using or operating any vehicle for the delivery of goods, wares or merchandise when said person has an established place of business within the City, an annual license or fee of $20 00 per year for each and every motor vehicle so used or operated. (A) Same, For every person engaged in the business, in whole or in part, of using or operating any motor vehicle for the delivery of goods, wares, or merchandise to wholesale or retail businesses in the City for resale of said goods, wares or merchandise shall pay an annual license or fee based upon each motor vehicle so used or operated as follows: For vehicles with a manufacturer's rated Capacity of under 1-- tons $ 10.00 a For vehiclet with a manufacturer's rated Capacity of 1-. tons or over .$15 00 a (B) Same, 1.11 Others, For every person engaged in the busi- ness, in whole or in part, of using or operating motor ve- hicles for the transportation of goods, wares, or merchan- dise who uses the public streets or highways of this City for the purpose of such use or operation, and who is not required to pay the license or fees as set forth in Sections 56 or 56(A) of this Ordinance shall pay an annual license or fee based upon each motor vehicle so used or operated as follows: Ordinance No. 82 For each vehicle with a manufacturer's rated Capacity of under 3 tons $10 00 q For each vehicle with a manufacturer's rated Capacity of 3 tons or over .. . 12 00 q (C) Same. Section 56(ij) and 56(B) of this Ordinance shall not be applicable to any person, firm or corporation who has an established place of business in the City of Cypress and who holds a license for any such business SECTION 57: VENDING: In any doorway or any room or building for the sale of candy, peanuts, popcorn, chewing gum, ice cream, or other confections, or for sharpening or for performing other mechanical work 3.00 q Fish, sale of fresh fish .. 3 00 q Fruits or vegetables from a vehicle other than a peddler and having no fixed place of business in the City 5 00 d Itinerant, not having regularly established place of business in the City, who travel from place to place, or who has a stand on any public street in any door- way, or any vacant lot, and who sells any goods in his possession . . . 5.00 d SECTION 58: WATER COMPANIES: For the maximum number of customers at any one time during the preceding fiscal year .50¢ per customer SECTION 59: VENDING MhCHINES: Every person, conducting, managing, operating, or maintaining on his premises any weighing, amusement or merchandise machine or device, not otherwise licensed under this Ordinance and not prohibited by law, wherein a sum of money is charged or collected for such machine or device by means of a coin slot or otherwise. For each machine or device charging 1¢ to and including 4¢ $6 00 a For each machine or device charging 5¢ to and including 9¢ . 9.00 a For each machine or device charging 100 and over . 12 00 a Stamp vending machines selling U S Stamps for mailing purposes are hereby exempt from the terms and provisions hereof The above license shall not be required where such machine or device is operated and owned by a person already licens,-d to conduct a business the gross receipts of which are used to measure the amount of license payable The owner of the business wherein the machine or device is lo- cated shall be held responsible for the full amount of the license fee if the owner of the machine or device has not paid the full fee when due and payable SECTION 60: PERMIT REQUIRED TO OPERATE CERTAIN BUSINESSES: No person shall operate, and no license shall be issued for, any of the following businesses until a permit has been first obtained therefor upon application in writing for such permit pursuant to the following Sections, to wit: Ordinance No 82 (i) Automobile Dismantling. Automobile or truck dismantling or disassembling, or selling of dismantled parts (B) Auto Wrecking Business, Auto wrecking business (c) Ball, Dart. Knifeor fling Throwing,. Ball, dart, knife or ring throwing or other similar device (D) Billiard Hall, Billiard Hall (E) Bowling; Alley, Bowling Alley (F) Carnival Chutes. Carnival Chutes (G) Cemeteries, Cemeteries (H) Commercial Dump= Commercial Dump (I) Dance Ha11. Dance Hall, dancing clubs or public dances (J) Feed Yards Feed yards (K) Ferris W heel,, Ferris Wheel (L) Galvanic Battery. Galvanic Battery (M) Generate Any business in which any product or commodity is sold at retail from a motor vehicle, truck or trailer, or any business in which any product or commodity is sold at retail from any place except a fixed place of business within the City on which general real property and valorem taxes are levied and collected (N) Itinerant Vendor. Itinerant Vendor (0) Junk Dealer. Junk Dealer Ordinance No 82 4? (P) Junk Yard. Junk Yard (Q) Kinetoscope, Kinetoscope, showing or renting use of (R) Merry-go-round. Merry-go-round (S) Miniature Railway, Miniature Railway (T) Pawnbroker. Pawnbroker (U) Peddler, Peddler (V) Pool Room, Pool Room (P;) Private Patrol. Private Patrol (X) Rest Homes Rest dome (Y) Sanitarium. Sanitarium (z) Second-hand Store. Second-hand Store or Dealer (Aa) Shooting Gallery, Shooting Gallery (Bb) Skates Rink, Skating hink (Cc) Solicitor. Solicitor (Dd) Trailer Parks, Trailer Parks (Ee) Used Motor Vehicle. Used Motor Vehicle or Trailer Business (Ff) Weight Guessing Machine, Weight guessing machine, shoring or renting use of, or any other similar machine, instrument or device not named herein, including shows, as defined in the following Section Ordinance No 82 (Gg) Amusement Device, Business or Children. Amusement device, business or to children Enterprise Attractive to enterprise attractive SECTION 61: SHOW DEFINITION. For the purpose of this Ordinance the term "Show" shall include a carnival, tent shove, or show in theopen air, or in a hall or building not specifically constructed for theatrical purposes, and not conducted as a benefit performance under the auspices of any charitable, religious, or non-profit organization, wherein carnivals, circuses, dog or pony shows, dramatic, musical or theatrical performances are given SECTION 62. APPLICATION. The application for any permit required by Section 60 of this Ordinance shall be filed with the City Council through the City Manager, shall be signed and verified by the applicant, and shall set forth the following. 1 The name and address of the applicant. 2 The name and address of the person by whom employed, if any 3. The place where such business is to be conducted 4. A brief description of the nature and amount of equipment tc be used in such business 5 The personal description of the applicant 6. Evidence of the identity of the applicant of such character as the City Council may require. SECTION 63: GRANTING OR REFtiSAh OF PERMIT: The City Council may, after investigation of said application and of said business proposed to be conducted, grant or refuse or grant a permit. The City Council shall have the right to refuse any such permit if it shall determine that the granting of the same or the conduct of the business v,i]1 be contrary to the preservation of the public peace, health, safety, morals or welfare of the City or its inhabitants. If such permit is granted the City Council may impose such terms, conditions andrestrictions upon the operation and conduct of such business, not in conflict with any paramount law, as it may deem necessary or expedient to protect the public peace, health, safety, morals or welfare of the City of its inhabitants. Any applicant for such a permit shall be entitled to a hearing thereon before the City Council upon a request therefor SECTION 64: SAME: CITY MANAGER. In the event of an application for a peddler's, solicitor's, or itinerant vendor's permit, if the City Manager shall determine, after a reasonable investigation, that the applicant is of good moral character and proposes to engage in an enterprise which shall not be detrimental to the public peace, health, safety, moral or welfare of the City or its inhabitants, the City Manager shall then issue the permit re- quired In the event of any refusal on the part of the City Manager to issue the required permit, the applicant may appeal to the City Council for a review of such matter. lifter a hearing thereon, the City Council shall have the right to refuse such permit if it shalldetermine that the proposed enter- prise will be detrimental to the public peace, health, safety, morale or to the welfare of the City or its inhabitants. SECTION 65: POSTING: Such permit shall be posted in a conspicuous place on the premises where the business for which such permit is issued is conducted, and shall remain so posted during the period the permit shall be in force. SECTION 66: PERMIT FEE: Unless otherwise stated in this Ordinance, the fee for filing application for each permit shall be one dollar ($1 00), payable in advance. SECTION 67. NON-TRANSFERiiBILITY. No permit issued under the provisions of this Ordinance shall be transferable except by the consent of the City Council Ordinance No 82 4.9 SECTION 68: INVESTIGATION. The Police Chief shall, upon the request of the City Council, investigate and report to the City Council all facts or evidence bearing upon the place where the proposed busi- ness is to be located and the character, reputation and moral fitness of those who will be in charge thereof. SECTION 69: REVOCATION, SUSPENSION, HEARING, NOTICE. When the City Council shall issue any permit under the terms of this Ordinance, the same may be revoked at any time thereafter by said City Council if said City Council becomes satisfied that the conduct of such business does, or will in any manner endanger the public welfare or that the same has been conducted in an illegal, improper or disorderly manner Said City Council may revoke or suspend permits issued for any business where the proprietor or person in charge thereof violates or permits any in- fraction of any law of the State or any Ordinance of the City. No per- mit for any business shall be revoked or permanently suspended under the terms of this Ordinance unless the permittee shall be adjudged guilty of a misdemeanor hereunder or unless a notice and public hearingthereof be first given the permittee, provided, however, that any such permit may be temporarily suspended without such notice or hearing by the City Council SECTION 70: SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of compe- tent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance The City Council of the City hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irres- pective of the fact that any one or more sections, subsections, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 71: REPEALS. A11 other Ordinance or parts of Ordinances, insofar only as any of the provisions of same conflict herewith are hereby repealed; provided, however, that any such repeal shall not affect or prevent the prosecution and punishment of any person, firm or corporation for any act done or committed prior to the effective date hereof, in violation of any Ordinance which is repealed hereby. PASSED AND ADOPTED this mil day of January, 1961 by the follow- ing called vote: AYES: 5 COUNCILMEN• Arrowood, Denni, McCarney, Van Dyke, and Baroldi NOES. 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ATTEST: FRED D HARDER, CITY CLERK Ordinance No 82 THOMAS A BAROLDI, MAYOR