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HomeMy WebLinkAboutOrd. No. 1946-267 Incomplete', rr. OUTYANCE 267 AND ORDINj'JI03 rR., VILi..,a FOR ME LIOA.,GU..r OF I,j7;1_.i,33, SHOWS, err ONS .i a COi Tr,-�7 r. i- .� rte: �, i. +, , r i� s'.L�IBI "II�_.�,� :,lv�� GiuJ1�iS w��LJCLr1J O�� C_u�wL:�D �; . I': .i::� C:I!'Y �F LL 11" :' , CALIFORNIA, II < I C' RATE 014 LIOEN,, '11 re EON a D PROVIDING FOR Z .._, COLLECTION H ,:.aOP. The City Council of the City of Elsinore does ordain as follows: SECTICN l...It shall be unlawful for any person, whether as principal or agent, clerk or employee, either for himself or for any other person or for any body corporate, or as an Officer of any corporation, or otherwise, to coiymence or carry on any business, show, exhibition or game, in this Ordinance specified, in the City of Elsinore, with c�ytt first having procured a license from said City to do so or without complying complying with any and all regulations of such business, show, exhibition or game nontained in this Ordinance, and the carrying on of any such business, show, exhibitions or game without having first procured a license from said City to do so, or without complying with any and all regulations of such business, show, exhibition or game contained in this Ordinance shall consti- tute a separate violation of this Ordinance for each one every day that such business, show, exhibition or ga.-,;e is so carried on. SECTI',:N 2.. The amount of any license imposed in this Ordi- nance shall be diee.rned a debt due to the City of Elsinore, Cali - fornia, from the person required to pay the same and. an im:,ediate cause of acticn shall accrue to the City of Eisinore for the collection thereof in any court of competent jurisdiction. SEOTICN 3 ... Before any license is issued to any person, firm or corporation, such firm or corpor <<tion, or person shall mare application therefore to the City Clerk of Said City of 'Isinore. No license shall be issued to any person, firm, or corp- oration or partnership conducting or car ying on any business, show exhibition or game, under a fictitious name, unless an affidavit be Filed in the Office of the City Clerk of the City of .,Ilsinore, Cal- ifornia, showing thn true naive of the owners of such business, show exhibition or game; provided, however, that such license may be issued in the true name or names of the owners of such business, show, exhibition or *,arr�a t ithout the filin ; of such < affidavit. SECTION 4— No license granted or issued under the provi- sions of this Ordinance shall be in any manner transferred or as- signed, nor shall it authorize any person, firm or corporation other than those the_,ein mentioned or ne.,ed to cpnduct such business. SECTION 5...:111 license fees shall be paid in advance and shall be due and payable on the first day of the priod for ;:rich such license is issued. All monthly licenses shall be for a colenda.r month, all quarterly licenses shall begin on the lst days of January, :;aril, July and October and shall expire at the en.d of the third calendar month thereafter. All semi- annual licenses shall begin on the 1st days of January and July of each year and shall expire at the end of the sixth calendar month thereafter, and all annual licenses stall begin on the first day of July of each year and shall e:•pire on the 20th day of the folloying June. No license fees siial_l be pro -rated and the full fee shall. b_ Maid for any portion of the perio', during which any business, shcw, exhibi- tion or game is operated in the City of Elsinore. SECTICa 6...If a license fee due under the tern._., of the Ordinance is not paid. within ten Coys from the time the same is due a penalty of ten per cent shall be added, and if not paid ; :i.thin twenty days from the time the same is due, an addit.00al malty of ten pe:rcent shall be added. 27 7.. .Every person, Jfrijr., Or cOI" -jOration havin'_ li- cense under the provisions of the Ordinance and carrying on a busi- ness, show, exhibition or game, at a fixed place of business, shall keep :such a license 'posted and exhibited wjjil�; in force, in some conspicuous place or part of said place of business. Every person havin->; a license and not having a fixed place of business, shall car:'y such license with hip:_ at all times bile carrying y -- op the business, show, exhibition or game, for which the s•prnie is granted, provided, that the license of any truck, automobile, or vehicle, shall have a suitable tag provided by the City nd placed in a con- spicuous part of such truck, automobile, or vehicle. Every person, firm or corporation having a license under the provisions of this Ordinance shall produce and exhibit the sane when applying for a renewal thereof, and whenever requested to do sc by a police officer., or by any officer autori.zed to issue, inspect or collect licenses. SEC'l'IOTY 8 ... All police officers are hereby appointed Inspect- ors of licenses, and in addition to their sev:ral duties as police officers are herby required to examine all places of business and persons in their respective be9t;s, .liable to ray a license, al_d to see that such liconaos are taken out and shall have ri TL and exercise the power--first, to make arrests for any violations of this Ordinance; second, to enter, free of Charge, at any tire, any place of business, for which a license is required by this Crdi- ance, and to demand the exhibition of such license for the current term by and person en6r< - ->;ed or e_nployed in the transaction of such business and if such -arson shall then and the .o fail to e./hi_bit such license, suM pemenshall be subject to the punishr,ent here- inafter-fixed for - v_i_olaLier_ of this ordinance. it is hereby --a-de tho duty of the police officer er to cause complaints to be filed against mil arsons vi l _ i ng any of the pro- visions of this Ordinance. Such police officers as such Inspectors of Licenses shall make out once a list of persons, firms or corporations carrying; oil. the business within their respective:: beats and having no licenses, with their addresses, and delived. such list, legible and carefully written, to the City Clerk, the names and the iddresses, of all such as may be doing business ,.,i.tlout a license irImedi;rtely upon the fact coming to their kno-;:ledge. S1=IC,1,, 9.. The conviction and punishment of any person for transacting any business, shore, exhibition or game, -,7ithout a li- cense shall not excuse or exempt such person from the payment of a license due or unpaid at the time of such conviction. S<;CTI:N 10...In all cases ,':,here amount of license to be paid by any person, firm or corporation, is based uqc!. the number of Inen en oloyed, or upon the number of wagons or oth ,,.r vehicles used, or upon, the alaou.n.t of maximum admission fee charged, or upon the numbber of tables used for any game, or upon the number of rooms in any building, such person, firm, or corporation. shall before obtaining a license for his, or their, or its business render to the City Clerk for his ;guidance in ascertaining the amount of` license to be paid by such person, firm or corporation, a .�iritten state.^.ent, sti'.rorn to before some officer authorized to a.drnini ester oaths, showing the average daily number of hen employed by <,uch per on, firm or corpor- ation during the license period next preceding the date of such statement, or the nuttier of nugons or then ve.i.cles used, or the amount of admission fee charged or the number of tables used. for the ,game, by such person, firm or corporcW.on or the number of rooms contained in such building, at the date of such statement. Evii N ..In. the event that any pe's011, 'irltl, Ur` COrpCr'^ ation is conducting, P.lanaging, Or carrying on two or more businesses licensed by this Ordinance at the s8m.e location and under the 8a.,le management the license tax to be paid by such nerson, -irn- or cor- poration shall be the hi =chest license tax, therein provided for only on,,, of such business except vii ere retail store is operated in con- nection and other wise specified. N T' 12. The p.rovisi.o'1s of this Ordinance sl =;.11 .'."!ot be deemed or construed to, require the pay!r.ent of a license to conduct, the payment of any license from. any institution or organization ?vhi.ch is conducted, rricina'ed Or Carried on wholly for religious, fraternal or charitable purposes; nor shall any license be required for the conducting of any entertairune.nt, concert, exhibition or lecture on scientific, historical, literary, religious or moral sub- jects, ;:ihenever the net receipts frog: any such entert= :'.n!;lent, con- cert, exhibiton or lecture are ..,holly retained by any church, school or lodge or used for nay el i. {ii0'_i,s Or benevolent purpose �'iithin the City of Zls.i_,.iore. ` T'hat nothing in the previsions of this Ordinance be de_ -med or construed as preventing the City Council of Said City of Elsinore for good cause shown sat ; i;..ff -ctory to them from ordering the issue of a license to any one ap'- >l;Ting to said Board at a regular r!leeting thereof, for less than the tax here:;_n provided or mi.tl: out the ;:ayment of any tax whatsoever. SECTION 13....very honorable discharged soldier, sailor, or marine, of the United `Mates who is unable to obtain a livelihood by natural labor, because of physical lirritat.on shell have the r i ^ht to hawk, peddle, or to vend any' goods, arcs, Or L^erc'`andise ,rlithout any pa.yr.:ent of any license, tax or fee whatsoever, and the City Clerk shall issue to said soldier, sailor or marine !�Iithcut cost, a license therefore. upon. the pr. od_uctiD,; of such honorable charge, to,,Tether with a doctors certificate ,.Ju 'ned by a L ?h,!sican ,!axing an office in - ls:i nore, sho in ; that ap-;lic nt is unable. to obtain a livelihood by manual labor. �'E" I11, 1[r.. 'Ilhe. grantintg of a License for C:: °,rl'j'l.nF" on any business, show, exhibition Or game, as ;:provided in this Ordinancq, shall not be deemed a permit to conduct the sane in an unlawful manner or at a place prohibited by lag's, or by any Ordinance of the City of _,1si_nore. '_'I;CT '_', 15.. every person, firm or corporation, conducting managing, raaintaini-n;` or carryin[ on any Of the business, shows, exhibitions or games hereinafter set out i.n the following sub-sec- tions, in the City of Elsinore shall. obtain a license for the per- iods i.e.i .,einafter respectively set out and shall nay a license fee therefor in the 'espective amounts I_ereinr fter set out. 1. bstracti.l"1(?;, ei:.ari:ing, SearCiliil Or investigating ti.t1P,S ID to real est te. l2.50 e carter. 2. rdvertisin by ..-ans of billboards, signs, I;lacards, ihandbills or di..;tr bubo.,. or anzples, not inclading l of "lever, <'V.�rti_S:- ._tints of t',, - e bu- Lnes. of t'�_, l,e °snn advert l�";;, of the .:c 1_., Or 1 E ti _..r1. Of t_' _ plroparty ut_cn such advert.. " is placed. .25.0(' _-,er quarter 3. Iuet'.en 1es or ,:'Dods, ^s :ind !ercr, ndi,e. '':50.00 per „Teas. xct c '-Jes. D ' ;..aal '.A!: te. ; 15.GC per day. This ordinance Isha.11 n- t ai'ply to auction s. ,l,-,,,s- conducted by administrators, executors, receivers, or the of-'icer of an;r court;, conducted under autl , r- ity of court. _'o licenr,e .,__:.11 be ,sued fol, the ccr,duct of any auction sale on Sunday. 1r. . >utD ;cbil_e -tc 'a. ;e or pa_ kin, outdoors. �3.50 ce quarter. — separate license %call be required -or c;aeil lot as al_c'; ?; on the subd vision :za -s Dn f'i1e in the County ecorderls Gffice. 5. strolo--'y, alli.istry, phrenoloi -y, life di L, , for- tune t 81,'.i.n z, cartorlancy, clairvoyance, Cl._:ilr c di eT1Ce, crystal Caxi 1g, hyynot7 necro anCy, or lmil.ar art or practic:. 000.00 per year. 6. McRae, oy op prat inj, or —uibitj < i,hoi a, p"_ s, kVc- toscope, picture o-r other `-n - t r i z,-� e. n to 1, -, -iether )per�-,�ted b, col-ris -i- of I-ie wl 0:: 0t'her-,,7-J,2e- „ 5-00 is C:.f.' eav- ,auto courts, ratite S, rertin3 apartments cottages or house, ',i heth,(,.r renterl or net, fifty cents per rental unit p-er. �.;uarter, except such cot- ta .e or apartr,-,ent used as residence by o:.,ner or. ::'all not be included in co' putl-ng the 1 I.corisa fee to be charged. Hotels rocring house or persons rentin,,, or letting rooins, for lodgeing, z,,hether ---ented or not, one to six -,enta!2, seventy five cents per renLrii unit per quarter, seix to eleven rentals and ,Idl!.Lio-aal- fifty cent: per rontcl- unit per quarter, eleven to twenty one an additional thiiIy five cents per renL�.,,2. unit per quarter, over twen;3,,,- one rental;- an ac--,diti.onal twenty five c;nts per rental unit per quarter. 8. jiutomobile repair or -,,ainUng. x;;8.00 per quarter. 9. Assayer, Architect, Auditor, ccountant, attorney-at-Lalv Autor..obile ,ales Bakery, - 1, -'niropodist, contractor, cnfectl-iery, Cat or. Dog C.-'iropracter. Dentist, Engineer, Lospital, interior -ecorater. jeweler, Laundry e -r) c y Optician, C.ptorietrist, Oculist, usteopath Physician, Printer, Plwker, Painter, Plaster;,.', iaper- Annger. Restaurant, Mail, Store, except as other,,,,-ise herein provided, Rest Home. SurSeon, Soda fountain, Soft ijrink Stand, Sign i-ainLer, Sanitarium. Voterianary, Watch or Clock Repairing. �;8.00 per quarter., 10. Qaggage wagon, drawn by horse or other aniinal. 41.50 per quarter. 11. Baggage, express, freight or moving truck or van of rated capacity of 2 ton or less 00 per quqrter of rated ca.p , of 2 to 4 ton ",J7-00 per quarter of rated capacity zoflt to 6 ton 10.00 per quarter of rated capacity over 6 tons ;,12.00 pcer quarter For each trailer used in connecti.",n, the:-,-,,;!ith, 'g.610 per quarter. 1.2. Bankrupt or lire Lale, meaning the sale of gocus, ,,T,,=•es or merchandise represented or advertised to have been salvaged frow n fire, wrec'', bankruptcy, in.,-,olvency or or other calamity having acou.rred outside the City of ,els � -1 nor e . 100.00 -)er ',-.-onth. Fd,J z 13. Broker ;x6.00 ,,er quarter 14. Boo., Stbre ; 5. 00 per quarter 15. Billiard, Pool or :snooker room. p6.00 per wart�r 16. Barber sho, and Beauty Parlor X5.00 per quarter 1'7. Bowling .illey, X6.00 per quarter 18. Bicycle or motorcycle repair or sales shop. W4.00 per quarter. 19. Circuq,Oarnival or LA.inilar exhibition. yr25.00 per day. r,-ri additional license shall be required for each separate, additional show, exhibition or game connected therewith for a fee of ;;5.00 per day. 20 Cleaning, dyeing, soon -in Ig or pressing cothing. x:5.00 per quarter. 21. Dancing acader.y or Danci:ig School. *5.00 per quarter. 22. Dance Hall. ;15.00 per month or ;2.00 per day. 23. Feed and Fuel Store. "S.00 per quarter. 2Z�. Fish m ^rket, zro_m _, fixed place or business. ;;5.00 per q hi uarter. Fro,- vehicle *2.00 per day. 26. Frozen Locker :8.00 per quarter T:,hen operated for storage only - -Ii foodstuffs are kept and o. for sale, an addi.ti_o al :;:3.00 per quarter. 27. Garage. ;12.00 per quarter. 28. Gasoline service star _on. ,1.6.00 per uart ;r. 29. Grocery store in tNhich not more than two olerks are em- ployed other than the owner or manager. ,5.00 per quarter, for each - dditi -nal clerk ;;2.50 per quarter. If the grocery store is operr;.ted. in connection .:!ith an auto camp ; 3.50 per quarter inaccitio: to any license charged for auto camp. The amount of the fee shall be determined b;1. the average number of clerics employed during the preceding quart ; ;r. 30. Game:: of skill or chance. ;,50.00 per day. 31. Collecting garbage, rubbish, manure, :caste or refuse or draining cesspools or septic tanks. y6.00 per quarter. This section shall not a.p,,ly to the City Garbage or ',','ante Collector. 32. louse moving, salvaging or house wrecking. ;25.00 per quarter or :;x2.00 per day. 33. Ice selling, -.holesale or retail. .;;11..00 per quarter. 34. itinerant vendor. :25.00 per month or :;;;5.00 per day. The Tvords "Itinerant vendor" shall be construed to mean and include all persons, both principal and agent, who travel From place to place, or on an established route, or who have a stand in any doorway or in an unenclosed or ,meant lot, or -.:!ho engas e in a tenipor^ry business in the City of _ +]l.sinore, sel. ' ing -ooc: s, wares, cr n_ercr_an- dise,'with the intention of cont:i.nuing said business in the City of Lls.nore, for a ;eriod of not more than 120 days, a d_ -eho for the purpose of carr-7j.nrr on s!;ch business hires, leases, or occupies an- room, building or structure for the, exhibition or sale of such goods, rages or merchandise. 'he person, firm or co.rporatio.n so enga „ed sk.a11 not be. relieved fro.r that provision of this Secticn by reason of associating temporarily ,,ri.th any local dealer, trader, rnercha.nt or auctioneer, or by b„, conducting such temporary or transient business in u.� connection with or as a part in the name of any local dealer, trade-, jrerchant or auctio;ieer. 35. Junk dealer ol�eretinM from a fixed place of business. A4.00 per quarter. Opera,ti_n_p, from a vel,iclP 2:00 per day per vehicle. 36. Laundry gathering for the purpose of transporting the same to a. laundry located outside of the City of L1sinore. ;,£3.00 per quarter per vehicle. 37. Lumber yard. 7.00 Der quarter. 3£3. Livery stable or Riding acadeny. y,'8.00 per quarter 39. Dachine or repair shop. '5.00 per quarter. ZrO. Millinery store. ;x5:00 per quarter. 4:1.. :`oncy Loa_-.ing. -'e12.00 per quarter. 42. haking deliveries or. sales of goods, va" � or lerchan- d i .f: ei ther at. wholesale retail frown. ti'. -- , _ v. , L v ._ or .,;> lliealls of any motor trucl• or automobile by one who Joes not pay a 'City license under any of the other provisions of this or any other Ordinance of the City of 1.sir_-re. ;x20.00 per year Per : ve'ricile. 43. Hewstand, including magazines, newspapers and periodical; 3.5G -;er cur,.rter: 44. P.'ieat market in which not more than two c ler. sk are em- ployed other than the ov,,ner or manager. ;;5.00 Per quarter. 2.50 per quarter for each additional cL rk. The amount of the fee shall be deter-.ined by the average number of clerks employed during the preceding quarter. Sale 45. Sale or• delivery of 1'etroleurn Products at retail by means of truck, tank wagon or other vehicle. ;17.50 per quarter per veilicle. 46. Photograph Lstudio X8.00 per quarter.. Transient photographer not operating from an established studio 1D Ll:,innrP_ ',_f1C1 )Pr rliv_ 47. Peddler: ul r ooastiurr. inLenaea 1 orm r umai= consumr>ti,on, by means of wagon, truck of other vehicle. 25.00 per qu arter per vehicle; by means of hand or pushcart, basket, tray or other eonta.ner. y;10.00 per quarter. Of medicine, or healin.; apparatus or Means, ;360.00 per month. i Of flags, souvenirs, banners, canes, horns, balloons, trumpets or noisemeking instru:- .ents. X1.00 per day. Of other merchandise. yr5.00 per day. If any peddler calls attention to 3-is wares or advertises same by Means of music, entertainment, speeches, fancy dress or other device or =adjacent to any public street or public olvoe the license fee shell be '":25.00 per day. 48. !hysica.l culture institute o..: ;yrrnasiurr,. ";4,00 per quarter. No license shall be required hereunder for any bona fide club or sc-,00l. 49. Planing !rill 7.00 per `;uarte.r. 50. Mink for roller or ice skating. ;`6.50 i�er quarter. 51. teal estate sules,:an, x2.50 ;,er quarter 52. ,shoe r•epa.i_r shop. x5,.00 per G.,ua.rter. 21 53. Staind for sale of candy, popcorn, chewing ur!i, ice crear: or other confections or edibles. X2.00 per day. 54. Sharpening cutlery or tools. Frorn an established place of business. y0.00 re.r 4uarter. From a vehicle :;';1.00 per day per vehicle. I +'rom on foot ;11.00 per rr_onth. 55. Shooting zJal.lery. 14..00 per quarter. 56. Second - }:rand store: :8.00 per quarter. h record shall be ir .kept of all puuchases and sales, including the name of each seller and purchaser which shall be open to police inspection. 57. Theater, in which regular performances are ,)given or Llotio pictures exhibited. „,10.00 per quarter. "heatrical per - fromance in any public hall other than an established theater - -if the admission charges does not exceed 25� e5.00 per day. If the admission charged is more than :--5 0 and does not exceed 50,--- ;,10.00 per day. If the admission charr;e exceeds 50 ;,s -- :;`20.00 per day, except no fee shall be collected from churches, clubs, or lodges ,Then_ such performances are ex?:_ibited to secure funds for charitable use. 58. Tire repair or sale. ';8.00 per quarter. 59. Taxi -cab J0.00 per quarter. 60. Tailor ;;5.00 per i,ivarter. 61. Underta -er. x10.00 per quarter. 62. Upholstering, inc.i_ud.'ng ren.ovatlrig, cleaning or repair- ing; same 4:3.00 per quarter. 63. `:'ioodcror•kin shop. .;;6.00 per quarter. 64. IvVarehouse or sore house W4.00 per quarter. SECC_r1 16... or every person, firm or corporation, con- TI— managing;, or carrying on the business of selling at retail any Hoods any business not otherwise specifically licensed by some other section of this Ord.inace, shall pay a license of per quarter. 16a ,,very person, firm or corporation commencing a new business . °ait i.n the City of i�lsinore.and .ho shall make application for license under any of the terms of this Ordinance shall pay one years license fee in advance before coi.amencing such business. This Section shall take pre- cedence over any of other provisions of this Ordinance pro - ,Ading for the payment of license fee daily, monthly, quarterly, or for any other period. SECTI 11 1 . 7., .any person, firin or corporation, vilating any of the provisions of this Ordinance shall be deemed rguilty of a :risder;:eanor, and upon 3onvi.cti.on the,: eof shall be punished by fine of not more than ;;'300.00 or by impi.rsenment for a period of not more than three months or b, both such fine a.nrl ir:1pri_sonment. LCl�. "� 18-7-f any section, sub- sectic n, cruse or phrase .� iv of this Ordinance is for any reason held to be invalid or uncon- stituti.o:)al suer decision shall not affect the validity of the re- r_ai.nin portions of the Ordinance. The City Council of the Ci_t7T o" Elsinore, declares that it would have Passed this Ordinance and each section, sub- section, sen- tclrlce, clause and phrase the,roof, , irrespective of the fact that any one or more other section, sub- section, se tence, clause, or phrase be declared invalid or unconstitutional. 9S :cCTI— 19 ... Ordinances ;;`161, 173, 210, 214, 2-E6, .2.27, and 239 and all other ordinances or parts of ordinances in conflict here - v,rith are hereby repealed. SECTI;N 20 ... This Ordinance shall no into effect on,January 2nd, 1947. SECTION 21 ... The City Clerk shall certify to the passage of this Ordinance anu cause sarne to be published once in the Elsinore Local Press, a weekly newspaper of general circulation, published . in the City of Elsinore, California, and hereby designated for that purpose. AM-11"-T: : City Clerk of the City of = 1—,',' or I hereby approve the foregoing ordinance this 2nd day of December, 1946. J. A. `harpley --- -... -- .ayor of the City of �ls_nore 7 IjTkT CSC . iL21' OR171.n J City ofElsinore ( ss. (`ntl nt.'V nT t- iversi!'Ye) 1, Pau:!_ -uenzl i., ':;he '_l.u..1 - elected, ",ualified and acting Clerk of the City o_ Elsinore, California, do hereby certify that the fore;oinC Ordinance , vmduly and regularly introduced on the l2th flaIT of Keve. ber 1966, and that said nrdl ---nne v:;o �.�,. .,_.., .�... .... .,....,r .,A , i r•,, �.....� that ,,..�...... .�_...,.�., ., ,......, altered at the re<pular _nmeet'in- of said Council }delr% np the 25th day of "over:ber, 1946 and passed end adopted rat a regular ad- journed r..eeting of said Council held on the 2nd day of December, 1946, b-, the following vote: AYE -: Councili:_en: John ii -len, 7. P. :;nlith, ,iayor J. i.. Tar' 1ey NIG-"°• Councilr,.en: Leslie ;errifield AB -1ENT: Councilmen: Hobert Goodwin Paul Kaenzli y Old the 7tt� `T y of -71slnooe :0J .S