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HomeMy WebLinkAboutORD 206 (1963) LEGAL NOTICE ORDINANCE NO. 206 AN ORDINANCE OF THE CITY OF TUSTIN, LICENSING THE TRANSACTION AND CARRYING ON OF CERTAIN BUSINESSES, TRADES, PROFESSIONS, CALLING AND OCCUPATION IN THE CITY OF TUSTIN FOR THE PURPOSE OF RAISING MUNICIPAL REVENUE AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF. OF. The City Council of the City of ~st~ does or~ as follows: S~fion 1: Deletions. -- (a) Person. As used in this Ord~ce, "person" includ~ all domestic and forei~ corporations, associa- tions, syndicates, jo~t stock corporatio~ p~t- netships of every kind, clubs, institu~ons, business or common 'law ~s~, ~cieties, and indi~duals trasacting ~d ca~ying on ~y business ~ the City oi Tustin, other as an employee. {b) B~hess. As used ~ ~is Ord~ce, "business" in- cludes professions, ~ades and occupa~ons, and all ~d every kind of call~g, whether or not] ior profit. S~tion 2: ~venue M~e. ~is Orffinace is enacted solely to rase revenue for municipal pu~oses, and is not sons required to pay a license tax for ~a~acting and car~g on ~y business under ~is Ordinance shall not be relieved from the payment of any license t~ for the privilege of doi~ such bu~ess required by any o~er Ordinance of ~e City of Tust~, and shall rem~n subject to the re~lato~ provisions of other Ordin~ces. Section 4: Effect of Orffinance on p~t ~fio~ and obH- .ga~ons previously ~rued. Neither the adoption of this Or~- .nance nor i~ superseding of ~y portion of any other Ordnance of ~e City of Tustin sh~l in ~y manner be construed to af- fect prosecution for violation of any other Ordmnce courted p~or to the effective date hereof, nor be construed as a w~ver .of any license or any penal provimon, applicable to any such viola~on, nor be construed to ~fect the vaildity of ~y bond or cash deposit r~uired by any Ordince ~ be posted, filed or .deposited, ~d all rights and obligations thereunto appert~ng ,shall continue ~ full force ~d effect. Section 5: License R~uired. There are hereby imposed upon ~e businesses, trades, professions, calllugs ~d occupa~ons ~ specified in this Ordinance license taxes in ~e amoun~ herein- . after prescribed. It shall be unla'~ul for any person to transact and carry on ~y business, trade, professio~ c~ling or oc~pa- tion in the City of ~s~in without first ha~ng procured a lice~e from said City to do so, or without complying ~th ~y and all applicable provisions of this Ordinance, This Section shall not be construed to require any person to obtain a license prior to doing busine~ ~thin ~e City such requirement conflicts with applicable statutes of the United States of America or of the State of California. Persons not required to obtain a licen~ prior to doing busi- ness within ~e City because of conflict wi~ applicable statutes of ~e United States of America or of ~e State of California shall be liable for the payment of the tax imposed by this Ordinance. Section 6: U~a~ul Bus~ess Not Authorized. No license issued under the provision~ of th~s Ordinance, or the payme~ of any t~ required under the provisions of t~s Ordin~ce shall be ~n~rue~ as ~u~her~ng the conduct or con~nu~ce of any ~legal business or of a legal business in any illegal manner. Section 7: License Tax ~ Debt to City. The amour of license ~ imposed under this Ordinance shall be deemed a debt to the City of Tustin, ~d any person carrying on any bus~ne~ covered heroin without having lawfully procured a license said City to do so, sh~l be Hable to ~ action in the name said City in any Court of competent jurisdiction for the amoun~ of the required license tax. Section 8: Br~ch Establishn~en~. A separate license mus~ be obtained for each branch establish~nent or location o~ the busines~ transacted and carried on, and for each t~e of busi- ness at ~e s~e location, and each license shall authorize the licensee to tr~sact and carry on only the business licensed ~ereby ~t ~e location or in the manner designated ~n ~uch cense; provided that warehouses and distributin~ pl~ts used connec~on wi~ ~d ~cidental to a busin~ licensed under ~e provisions o~ this Ordinance shall not be deemed to be separate m places of business or branch establishments. Section 9: No~g in this Ordnance shall be deemed or construed ~ apply to any person transacting and ca~ng on _ ~y business exempt, by virtue of the Constitution or applic~le s~tutes of ~e U~ted States of America or of the State of California, from the amount of such t~xes as are heroin pres- c~bed. None of the licen.se taxes provided for by this Ordnance shall be so applied as to occasion ~ undue burden upon terstate commerce. In any case where a license t~ is believed by a licenses or applicant for a license to pl~e an ~due burden upon such commerce, he may apply to ~e City ~erk ior an adjustrnent of ~e tax, so ~at it shall not be discriminatory or unreasonable as to such commerce. Such ~pplication may be made before, at, or ~t~n six monks after payment of the pres- 3ribed license rE. ~e applican~ shall, by affida~t ~d support- ~ng testimony, show his method of business and the gross volume -- or ~tima~ed,.g~oss volume of business, and such o~er informa- tion as the City Clerk may deem necessary in order ~o de~rZ' m~e ~e extent if any, Of such undue b~den on such commerce The City Clerk shah then conduct an investigation, and, after first having obtained .the written approval of the City Attorney, shall affix as the license tax for the applicant an amount that is reasonable and non-discriminatory, or, if the license tax has. already been paid, shall order a refund of the amount over and above the license tax so fixed. In fixing the license tax to be charged, the City Clerk shall have the power to base the license tax upon a percentage of gross receipts, or any other measure which will assure that the license assessed will be uniform with ~hat assessed on business of like nature, so long as the amount assessed does not exceed the license tax as prescribed by this Ordinance. Should the City Clerk determine the gross receipts measure of license tax to be the proper basis, he may require the applicant to submit, either at the time of termination of applicant's business in the City of Tustin, er at the end of each three-month period, a sworn statement of the gross re- ceipts, and pay the amount of license tax therefrom, provided that no additional license tax, during any one calendar year, shall be required after licensee shall have been paid an amoun~ equal to the annual license tax, as prescribed in this Ordinance- Section lO: Application. Contents of License. Every per- son required to have a license under the provisions of this Ordinance shall make application to the City Clerk of the City of Tustin, and upon the payment of the' prescribed license tax the City Clerk shall issue to such person a license, which shall contain, (1), the name of the person to whom the license is issued, (2) the business licensed, (3) the place where such busi- ness is to be transacted and carried on, (4) the date of the expiration of such license, and, (5), such other information as rosy be necessary for t~e enforcement of the provisions of this Ordinance. Section 11: Exemption from Tax. A license may be obtain-~ ed without payment of the usual fee under the provisions this Section, by the following: (a) Any institution or organization which is conducted,~ managed, or carried on wholly for the benefit of charitable,i religious eleemosynary or benevolent purposes., and from which! no profit is derived, either directly or indirectly, subject to l compliance with the provisions of this Ordinance. tation, when (1) such institution or organization is principally! located, or composed in the majority of members or associates residing or maintaining places of business within the City, and more than one-half of the benefits are set aside for a church. a school, or religious, benevolent, charitable or eleemonsynary purpose; or (2) the entire benefits are set aside for any such purpose. wholly within the City; provided. however, that no profit is derived therefrom by any person, directly or indirectly and that no solicitation of funds shall be engaged in within the City, except in conformance with the provisions of any ordinance of the City regulating such activities. (c) Any honorably discharged and honorably relieved. soldier, sailor, marine or airman of the United States, as to dis- tribution of circulars or the peddling, hawking or yencling of .any goods, wares, or merchandise o~vned by him, if (1) physi- -cally unable to obtain a livelihood by manual labor, (2) a voter ,of the State of California, and (3), a veteran of service in World War I, or any earlier war. (d) Any doctor, lawyer, architect or other professional person licensed by the State of California, not having a fixed; place of business within the City, and not doing business within the City, other than occasional furnishing of professional services, wholly negotiated and contracted for outside the City. (e) Any public utility making franchise payments to the, City of Tustin, as to the franchise activity upon which such payments are based. (f) Any farmer or grower within the City limits,. who Sells at wholesale only..- .... Section 12: Procedures for Obtaining Fee-Exempt License. (a) A fee-exempt license may be issued by the City Clerk to any person when the application for issuance of a business license is accompanied by a verified, or certified under penalty of perjury, statement of the facts, clearly sho.wing that the applicant meets the requirements of one or more of the classi- -fications set forth in Section 11. (b) The burden of proof of entitlement to exemption shall, in all cases, be upon the applicant to establish the facts show- [ng entitlement to a fee-exempt license. The City Clerk may prescribe the form or forms of statements of fact reqt~red, and may require the applicant to present such other proof of en- F (a) Every license issued without payment of the usual fee shall be stamped "Exempt" upon its face. (b) Any license issued as fee-exempt may be revoked by the City Clerk in the event it is determined by the City Clerk that'the applicant is not entitled to exemption, except that no such Hcense shall be revoked without forty-eight (48) hours, notice ~o the licensee. (c) Any license issued as fee-exempt shall be void and shall afford no defense in any civil or criminal prosecution if any material statement contained in application, statement of facts or any other document or representation made t the City Clerk in claiming exemption is false or fraudulent. ~ (d) No fee-exempt license may be transferred. (e) Every person receiving a fee-exempt license. shall promptly file a verified report of all funds received and dis- bursed in the fee-exempt activity. Any holder of a license~ issued as fee-exempt shall file such report not later than Janu- ary 19th of the succeeding year, in the case of an annual license, and ten days after any such activity is concluded, in all other cases. Such report shall be in such form and detail as may be required in all similar cases by the City Clerk. !,101 · Seetien 14: Denial of Fee-Exempt IAeense; Appeal. i~ny person denied a fee-eXempt license by the City Clerk, after ~.~.nal~Iiance with t~e precedural requirements thereof, and believ- ing himself entitled to recelve fee-exemption on the basis of the evidence filed with the City Clerk, may appeal to the Cit~' Council for its order directing the City Clerk to grant such exemption. Appeal shall be in writing, filed in triplicate with the City Clerk, and Shall clearly and concisely state: (a) Subdivision of Section 11 hereof entitling such appli- cant to such exemption; (b) The facts relied upon to establish that applicant meets the requirements and conditions of such subdivisions; (c) That the applicant has disclosed all such facts to them City Clerk; and (d) That the applicant has filed a duly executed state-! ment of facts as required, and such other proof of entitlement i as the City Clerk has requested. The City Council may decide such appeal, and shall deny the same unless it finds that the written appeal c~mplies with the requirements of this Section, that the applicant has furnish- ied to the City Clerk all of the documents and data reasonably :required by him, and that the applicant, upon the record, is entitled to exemption from the usual fees. Section 15: Upon a person making application for the first license to be issued hereunder, or for a newly established busi- ness, in all cases where the amount of the license tax to be paid is measured by gross receipts, such person shall pay, for that calendar year, or portion thereof remaining~ the sum of $25.00, in advance. The City Clerk shall not issue to any person another license ~or the same or any other business until such person shall have furnished to him the written statement and paid the license tax herein require~l. Section 16. Affidavit; Renewal License. In all cases the applicants for renewal of a license shall submit to the City Clerk for his guidance in ascertaining the anaount of license tax to be paid by applicant, a written statement upon a form to be provided by the City Clerk, sworn to before a person authorized to administer oaths, or certified under penalty of perjury, setting forth such information concerning the appli- cant's business during the preceding year as may be required by the City Clerk to enable him to ascertain the amount of the license tax to be paid by said applicant pursuant to the provisions of this Ordinance. b Section 17. Statements not Conclusive. No statement shall e conclusive as to the matters set forth therein, nor shall the filing thereof preclude the City of Tustin from collecting, by appropriate action, such sum as is actually due and payable hereunder. The City Clerk, with the approval of the City Council, is here~ by authorized and empowered to retain, from time tO time, ac- countant or accountants, licensed by the State of California, to examine, audit and inspect the books and records of any licensee or applicant for a license to ascertain and verify that the mat- ters in any statement or statements are correct. Upon any such verification by accountant or accountants, no information shall be given to the City Clerk by said accountant or accountants other than that the statement is correct or incorrect. All licensees, applicants for licenses and persons engaged in business in the City of Tustin are hereby required to permit~ examination of their books and records for the purposes :afore- said. The information furnished or secured pursuant to this Sec- tion, or Section 10 of this Ordinance, shall be confidential. Any unauthorized disclosure or use of such information by any of- ricer or employee of the City of Tustin, or by any accountant or accountants retained as provided herein, shall constitute a misdemeanor, and such person shall be subject to the penalty provisions of this Ordinance in addition to any other penalties provided by law. Section 18: Failure to File Statement or Corrected State- ment. If any person fails to file any required statement within the time prescribed, or if at the demand therefor made by the City Clerk he fails to file a corrected statement, the City Clerk may determine the amount of license tax due from such person by means of such information as he may be able to obtain. If such a determination is made, the City Clerk shall give a notice of the amount so assessed by serving it personally or last known address. Such person may; within fifteen (15) days' a~ter the mailing or serving of such notice, make application inI writing to the City Clerk, for a hearing on the amount of the before the City Council. The City Clerk shall give at least ten', (10) days' notice to such person of the time and place of hear-i ing, in the manner prescribed for service of notices of assess- ment. The City Council shall consider all evidence produced and! shall make findings thereon, which shall be final. Notice of such; findings shall be served upon the applicant in the manner pres-i cribed above for serving notices of assessment. Section 19: ApPeal. Any person may appeal to the City~ Council any decision of the City Clerk with respect to the issu-j ance or refusal to issue such license, by filing a Notice of Appeal. with the Clerk of the Council. The Council shall thereupon fix a tim.e and pl.ace for. hearing such appeal. The Clerk of the United States Post Office, at Tustin, California, postage prepaid, addressed to such person at his last known address. The Conncili shall have authority to determine all questions raised on such appeal. No such determination shall conflict with any substantive provision of this Ordinance. Section 20: Additional Power of City Clerk. In addition to all other power conferred upon him, the City Clerk shall have the power, for good cause shown, to extend the time for filing any required sworn statement for not exceeding thirty (30) days, and in suclx cases to waive any penalty that would other~ wise have accrued; and shall have the fu~her po~rer, with the consent of the City Co~cil, to compromise any claim as to the amount of license tax due. . Section 21: No License Tra~sferrable. Amended License for a changed loc~tion. No license issued pursuant to this Ordinance shall be transferrable; 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 therefor, and payment of a fee of $5.00, have the license amended to authorize the transacting and carrying on of such business under said license at some other location to which the business is or is to be moved. Section 22: Unexpixed Licenses. Vv'here a license for reve- nue purposes has been issued to any business by the City of rustin, and the tax paid therefor, under the provisions of any Ordinance heretofore enacted, and the terms of such license has not expired, then the license tax prescribed by this Ordi- nance for said business shall not be payable until the expira- ion of the term of such unexpired license. Section 23: Duplicate License. A duplicate license may ~e issued by the City Clerk, to replace any license previously issued hereunder, which has been lost or destroyed, upon the li- censee filing a statement of such fact, and at the time of filing such statement paying to the City Clerk a duplicate license fee of $5.00. Section 24: Posting and Keeping Licenses. All licenses nust be kept and posted in the following manner: ekseewPhet~ree (a) Any licensee transacting and carrying on business at s such business is carried on. but (b) Any licensee transacting and carrying on business not operating at a fixed place of business in the City of Tustin shall keep the license upon his person at all times while tran- SaCting and ~arrying on such businesS. ' (c) All vehicles licensed by the City of Tustin shall have sticker issued by the City of Tu,stin placed in a conspicuous ,lace upon said vehicle at all times. (d) All vending machines licensed by the City of Tustin hall have a current sticker issued by the City of lustin placed: upon said vending machine at all times. Any and all machines! not having such required current sticker shall be subject to otherwise specifically provided, all aunual lice~.se taxes, under the provisions of this Ordinance, shall be due and payable in advance on the first day of January of each year; provided that license taxes covering new operations, commenced after the first day of January may be prorated for the balance of the license perio0. Except as otherwise herein provided, license taxes required hereunder shall be due and payable as follows: (a) Annual: Due and payable on the first day of January of each year; delinquent on March 31st of the same year. (b) Weekly fiat-rate license taxes: On Monday of each week, in advance. (c) Daily fiat-rate license taxes: Each day, in advance. Section 26: Penalties for Failure to Pay Tax When Due. For failure to pay license tax when due, the City Clerk shah add a penalty of 25% of said license tax on the last day of each month after the due date thereof, provided that the amount of such penalty to be added shall in no event exceed 100% of the amount of the license tax due. Section 27: The City Clerk shall make such investigations and inspections required for particular businesses as may be necessary, and may designate investigations and inspections to be made by other departments, in accordance with the following 'eneral guides: (a) The Department of Building and Safety shall review ,pplications involving a change of occupancy of any portion of a building, and in such other circumstances as may involve questions of compliance with building, electrical, plumbing or i other construction codes. (b) The Fire Department shall review applications which involve businesses or premises which may constitute substantial! Fire risks, or any risks of serious danger to human life or i ~roperty. (c) The Police Department shall review applications for! ~usinesses which may affect public morals, involve substantial danger of fraud or deception~ pose unusual police problems, may involve the handling or receiving of stolen goods to a higher traffic control, invo ve public decree than usual, tend to affect 1 ~ssembly, include police-type functions, are of a kind which tend to attract or involve undesirable persons, or otherwise sub- stantially affect public safety. (d) The Health Department shall review applications for businesses which involve the preparation, storage or sale of food or drink, except in sealed containers. (e) Other departments, agencies or officers shall review !applications when the proposed business poses special problems :dealt with by such department, agency or officer. Section 28: License Tax Imposed: Every person who en- gages in business at a fixed place of business within the City of Tustin shall pay a license tax, annual unless otherwise herein ,royideal, in the amounts and at the rates hereinafter designated: (a) Retail and wholesale sales businesses, and all other ~usinesses not othe..-wise specified: 00 to 25,000 $ 25,00 25,001 to 100,000 40.00 100,001 to 300,000 60;00 300,001 to 600,000 80.00 600,001 and Over 100.0(~ (b) Any business consisting primarily of manufacturing, ~acking, processing, canning or fabricating goods or produce: 00 to 25,000 . 25,00 25,ool to 100,oo0 40.00 100,001 tO 300,000 60.00 300,001 to 600,000 30.00 600,001 and Over 100~00 (c) Any profession, trade or occupation, not including re- tail or wholesale saies, or manufacturing, and not otherwise specifically named or described, and involving principally a ser- vice, rather than a sale or the furnishing or rendering of a facility or thing: 00 to 25,000 $ 25.00 25,001 to 100,000 40.00 100,001 to 300,000 60.00 300,001 tO 600,000 80.00 600,001 and Over 100.00 (d) Particular businesses: Tax Ambulance ................................................................................25.00 per vehicle Amusement facilities and devices: (1) Parks and facilities, cardrooms, bowling alleys, ski~ball, bat-ball, hand-ball, shuffleboard, pool . . . FOr each facility ........ 25.00 Plus, for each table, court, alley, ride or device, in excess of one .................................... 5.00 (2) Billiards, similar facilities; Amusement parks of all kinds; mechanical devices of any kind: For each facility ........ 25.00 Plus, for each table, court, alley, ride or device in excess of one ....................................5.00 (3) Rinks, ranges and courses: Ice or Roller .Skating Rinks ................................50.00 Shooting gallery ......................................................50.00 Golf Course ..............................................................50.00 Miniature golf course. ...........................................50.00 Archery Range ........................................................50.00 Golf Driving Range ................................................50.00 Riding Academy or Stable ....................................50.00 Go-cart, bicycle or similar courses .................... 50.00 Similar facilities ......................................................50.00 (4) Places of Assembly: Care with Dancing ................................................100.00 Night Club ................................................................100.00 Dance Hall (admission charged) ........................ 100.00 Public hall, for rent ................................................100.00 (5) Musical Devices: Juke Boxes ..............................................................15.00 each Other coin-operated musical devices ................ 15.00 each (6) Slot Machines, etc: Coin~perated amusement devices (requiring under 5¢ to operate) ................ 10.00 plus 4.00 for each device in excess of one. (Requiring 5¢ or more to operate) ............ 50.00 plus 20.00 for each device in excess of one. (7) Vending Machines: Coin-operated vendrag machine (no skill or chance involved) Requiring one cent to operate ................ 1.50 each Requiring 2 to 5 cents to operate .... 5.00 each Requiring over 5 cents to operate ............ 7.50 each All coin-operated devices which are owned and/or oper- ated by a business which is licensed and pays a gross receipts tax, and are owned by the owner of such licensed premises, shall be exempt from the foregoing taxes, and the gross receipts of said devices shall be included in the gross receipts of the licensed business and shall be included within the gross receipts which are the measure of the tax on said business. (8) Entertainment: Circus or Carnival (all devices, shows, sales and facilities included) For each con- secutive series of days: 100.00, plus 25.00 each day, in excess of one Motorcycle or car show ................................ 35.00 per day Parade advertising any circus or carnival located outside the City ............................... 25.00 per day Traveling lecture or professional theatrical performance of any kind, except in a licensed theatre ........................................... 25.00 plus 12.50 per day in excess of one Trained Animal Show ....................................35.00 per day Circus, carnival, lecture, parade, or other theatrical performance of any kind, if deter- mined by the City Clerk to be primarily edu- riohal, non-professional or sponsored by a school P. T. A.-type group, primarily for chil- dren and primarily non-profit ..................... 2.00 per day Sports arena, hall or stadium Under 500 seats ........................ 30.00 per Exhibition 500 or more seats ...................... 60.00 per Exhibition Auction Sales, house or yard ........................................ 200.00 plus 50.00 for each employed auctioneer. Auctioneer (Not registered as an employee by a 1019 licensed auctioneer sale house or yard) .... 25.00 per day or 200.00 per year Baths, Steam Rooms, pools, Gymnasiums and Health Clubs ...........................................................................35.00 Bill-Posting (Except bill boards) ................................ 5.00 per day Buses: 1 · One regular y scheduled bus ............................ 25.00 Each additional regularly scheduled bus, in operation at any one time ............................ 10.00 Day nursery or child care center ................................ 25.00 Hand Bill or sample distribution ................................ 50.00 Home for the aged and Rest Homes: 1 to 4 guests ....................................................15.00 5 to 9 guests ....................................................25.00 10 or more guests ............................................35.00 Building construction contractors, sub-contractors, based upon contract work within the City .... 1% of con- tract price (minimum $25.00; Maximum $100,00) ~Newspaper and magazine distributors, selling, distri- bution or delivering materials printed or published outside of the City to local deal- ers or to any other persons, by means of agents or employees (excluding News stands or magazine stands operated by a licensee including such activity in gross receipts tax rate) ..............................................25.00 Outdoor advertising (excluding sign advertising of licensed business at site of sign) ................ 50.00 plus 5.00 for each sign or device Outdoor Advertising (Benches only) First ten ..............................................................50.00 Over ten ..............................................................5.00 each Pawn Broker ......................................................................100.00 Private Patrolman (self-employed) .............................. 5.00 Public Utilities and services of all kinds, except buses and taxis, including advertising revenues (exempt from tax if franchised by City, with fee based on gross receipts) 2% of gross receipts from City facilities or originating within the City Rooming house or boarding house: Less than 4 roomers or boarders .................. No Tax 4 to 9 roomers ,,r boarders ........................ 25.00 10 or more roomers or boarders .................. 35.00 Route Sales or Services (no established place of business in the City; occasional solicita- tion only) ............................................................$ 25.00 each Vehicle Search Light Advertising ................................................ 2.00 per day each device or 25.00 annually Solicitors: (a) Principal solicitor and his registered agents (person having non-employed agents as itinerant or transient merchants, vendors, peddlers, hawkers, hucksters, canvassera, solicitors and the like) ............ 200.00 plus 3.00 each agent (b) Itinerant or transient merchant or vendor, peddler, hawker, huckster, canvasser, solici- tor, photograph or book agent, or like 't business (employees of licensee excluded) (agents covered by a principal solicitor's license excluded from tax, but license required) ..............................................................10.00 (c) Person not having an establi.shed place of business in the City, and having employees engaged in such business in the City ........ 25.00 plus 10.00 for each employee Taxicabs (including advertising revenues) (exempt from tax if franchised by or permitted by City with fee based on gross receipts) .... 25.00 Transfer, moving or any other business involving the movement of anything whatsoever, except- ing human passengers, by means of ve- hicles, not included in any other specific category. Minimum 25.00 plus 5.00 for ...... each vehicle stored, garaged or principally used in the City Section 29: Delivery by Vehicle; Optional Rate. Every person not having a fixed place of business within the City of Tustin, who delivers goods, wares or merchandise of any kind by vehicle or who provides any servic~ by the use of vehicles in the City of Tustin, shall pay a license tax of $25.00 per ve- hicle; provided that any such person may elect to pay a license tax measured by gross receipts from business done within the City of Tustin, pursuant to the preceding provisions of this Sec- tion. 102, \ Section SO: Enforcement: It shall be the duty of the City Clerk and he is hereby directed to enforce each and all of the provisions of this Ordinance, and the Chief of PoliCe shall render such assistance in the enforcement hereof as may from ~time to time be required by the City Clerk or the City Council. he City Clerk, in the exercise of the duties imposed upcn him ~ereunder and acting through his deputies or duly author- of business in the City of Tustin to ascertain whether the pro- ized asistants, 'shall examine or cause to be examined all places ~visions of this Ordinance have been complied with. The City Clerk 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 re- quired to be licensed herein, and demand an exhibition of its license certificate. Any person having such license certificate · theretofore issued in his possession or under his control who willfully falls to exhibit the same on demand, shall be guilty of a misdemeanor, and subject to t~e penalties provided for by the provisions of this Ordinance. It shall be the duty of the City Clerk, and each of his assistants, to cause a complaint to be filed a~ainst any and all persons found to be violating any of said provisions. Section 31: License Tax a Debt.. The amount of any : license tax and penalty imposed by the provisions of this Ordi- nance shall be deemed a debt to the City of Tustin. An action may be commenced in the name of the City in any Court of competent jurisdiction, for the amount of any delinquent license tax and penalties. Section 32: Remedies Cumulative. All remedies prescribed hereunder shall be cumulative and the use of one or more reme- Section 33: Penalty for Violation. Any person violating dies by the City of Tustin shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof. ~any of the provisions of this Ordinance or knowingly or inten. ~tionally misrepresenting to any officer or employee of this City any material fact in procuring the license or permit herein provided for,' shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in jail for not more than six (6) months, or by both such fine and imprisonment. Section 3&: Severability. If any section, subsection, sen- tence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional, by a decision of any Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of this City hereby declares that it woukl have adopted this Ordinance and each section, subsection, sen- tence, clause, phrase or portion thereof, irrespective of the fact ~t any one or more sections, subsectioD~s, sentences, clauses, phrases or]~oytions be declared invalid unconstitutional. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin, held on the 18th day of March, 1963 / q/o :L02i ATTEST: STATE OF CALIFORNIA, ) COUNTY OF ORANGE, ) " CITY00F TUSTIN. ) SS. RUTH C. POE, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; ~hat the above and foregoing Ordinance was duly and regularly in- troduced and rea~ at the regualr meeting of the City Coun- cil hel& on the 4th day of March, 1963, and was given its second reading and duly passed and adopted at a regular meeting held on the 18th day of March, 1963, by the fol- lowing vote: AYES: COUNCILMEN Doney.~ Sheridan~ Humeston~. Mack... NOES: COUNCILMEM None ABSENT: COUNC tLMEN Klinge!hofer _~ CITY CLERK City of Tustln, California