HomeMy WebLinkAboutORD 087 (1952)4132
ORDINANCE NO. 87
AN ORDINANCE OF THE CITY OF TUSTIN, CALIF-
ORNIA, IMPOSING A LICENSE TAX FOR THE PRIV-
ILEGE OF COMMENCING, TRANSACTING OR CARRY-
ING ON BUSINESS, SHOWS, EFIIITIONS OR
LAWFUL GAMES IN THE CITY OF TUSTIN, CALIF-
ORNIA; PROVIDING A PERMIT THEREFOR; PROVID-
ING FOR THE COLLECTION THEREOF; PRESCRIBING
PENALTIES FOR VIOLATION THEREOF; AND REPEAL-
ING ORDINANCES NOS- 4., 52, 66 and 69, AND
ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH.
The City Council of the City of Tustin, California,
do ordain as follows:
SECTION 1. 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 commence to
carry on any trade, calling, profession or occupation, in this
ordinance specified, in the City of Tustin, without first hav-
ing procured a license from said City so to do or without com-
plying with any and all regulations of such trade, calling, pro-
fession or occupation contained in this ordinance; and the carry-
ing on of any trade, calling, profession or occupation mentioned
in this ordinance without first having procured a license from
said City to do so, or without complying with any and all regu-
lations -of such trade, calling, profession or occupation con-
tained in this ordinance, shall constitute a separate violation
of this ordinance for each and every day that such trade, cal-
ling, profession or occupation is so carried on.
;SECTION 2. The amount of any license imposed by
this ordinance shall be deemed a debt to the City of Tustin;
and any person, firm or corporation carrying on any trade, cal-
ling, profession or occupation mentioned in.this ordinance with-
out having a license from said City so to do, shallbe liable to
an action in the name of said City in any Court of competent
jurisdiction, for the amount of license by this ordinance im-
posed on such trade, calling, profession or occupation.
SECTION 3- It shall be the duty of the City Clerk
to prepare and issue a license under this ordinance for every
person, firm or corporation liable to pay a license hereunder,
and to state in each license the amount thereof, the period of
time covered thereby, the name of the person, firm, or corpora-
{{ tion to whom issued, the trade, calling, profession or occupa-
I tion licensed and the location or lace of'business where such
F p ch
trade, calling, profession or occupation is_to be carried on.
The City Clerk shall deliver all such licenses to the Chief of
Police for collection.
No license granted or issued under any provision of
this ordinance shall be in any manner transferred or assigned,
or authorize any person, firm or corporation other=than is there-
in mentioned or named, to do business within the City of Tustin.
The City Clerk shall make_a charge of One Dollar
($1.00) for each duplicate license issued to replace any license
issued under the provisions of this ordinance which has been
lost or destroyed. In no case shall any mistake made by the
City Clerk in stating the amount of a license prevent or prej-
udice the collection by the City of what shall be actually due
from any one carrying on a trade, calling, profession or occu-
pation subject to a license under this ordinance.
_ SECTION 4- Every person, firm or corporation hav-
Ing a license under the provisions of this ordinance, and carry -
Ing on a trade, calling, profession or occupation at a fixed
place of.business, shall keep such license posted and exhib-
ited while In force, .in some conspicuous part of said place of
business. Every person having such license, and not having a
fixed place of business, shall carry such license with him at
all times while carrying on the trade, calling, profession or
occupation for which the same was granted. Every person, firm
or corporation having a license shall produce and exhibit the
same, when applying faor a renewal thereof, and whenever re-
quested to do so.by any police officer, or, by any officer au-
thorized to issue, inspect or collect licenses.
SECTION 5. All police officers are hereby appointed
inspectors of:licenses, and in addition to their several duties
as police officers, are hereby required to examine all places
of business and persons in their respective beats liable to pay
a license, and to see that such licenses are taken out, and shall
have and exercise the power:
lst: To make arrests for the violation of any of
the provisions of this ordinance.
2nd: To enter free of charge at any time any.place
of business for which a license is required by this ordinance to
demand the exhibition of such license for.the current term by
any person engaged or employed in the transaction of such bus-
iness and if such person shall then and there fail to exhibit
such license' such person shall be liable to the penalty pro-
vided for a violation of this ordinance.
It is hereby made the duty of the police officers
to cause complaints to be filed against all persons violating
any of the provisions of this ordinance.
Such police officers as such inspectors of licenses
shall make out once a month a list of persons, firms or corpora-
tions carrying on businesswithin their respective beats, and
having no license, with their addresses, and deliver such list
carefully and legibly written to the City Clerk, and also re-
port to the City Clerk the names of all such.persons doing bus-
iness without a license immediately upon_the fact coming to
their knowledge.
Any police Officer failing or neglecting for more
than thirty (30) days to report any person,.firm or corporation
who -.or which, is engaged in carrying on business without having
paid the required license, shall be guilty of neglect of duty
and be either suspended from duty or dismissed from the police
force, in the discretion of the Police Commissioner.
The Chief of Police is hereby directed to carry
into effect the provisions of this section.
SECTION 6. The conviction and punishment of any
person for transacting any trade, calling, profession or occu-
pation. without a license, shall not excusebor exempt such per-
son from the payment of any license due or unpaid at the time
of such conviction and nothing herein shall prevent a criminal
prosecution for any violation of the provisions of this ordin-
ance,
SECTION"7, The City Clerk shall -have the power to
require any person applying for a license pursuant to the pro-
visions oft his ordinance to file with him.a written affidavit
subscribed and sworn to before an official authorized to take
Acknowledgements, which affidavit shall give information re-
quired by the . City Clerk,. which is necessary fort he proper is-
suance of any license provided for under the..provisions of this
ordinance, such as,: -but not limited to, the amount of receipts
or sales or of business transacted, or upon the number of men
employed, the number of 'wagons or other vehicles used, the type
or kind of business intended to be conducted within the City
limits.
All such statements shall be regarded as confiden-
tial and not; subject to public inspection. It shall. -be the duty
of the City Clerk to so preserve and keep the said statements
that the contents thereof may not become known except to the
person charged by law with the administration of this ordinance.
No such statement shall be conclusive upon the City of -Tustin,
or upon any officer thereof, as to the matters therein set
forth, ,and the same shall not prejudice the right of the City
to recover any amount that may be ascertained to be due from
such person, firm or corporation in addition to the ,amount
shown by.such statement/ to-be:due in case such statement.shall
be found to be incorrect. Failure to make any such statement
required by theCityClerk shall constitute -a direction to
the City Clerk to require the maximum rate, herein prescribed
for the profession, trade, calling or -occupation carried- on
by the person , firm:or corporation requested to make such
-statement, and further any failure to make such -statement shall
be deemed a violation of this ordinance and shall be punish-
able under the provisionsof this ordinance.
SECTION 8. The City Clerk shall add a penalty'of
ten (10%) per cent to each delinquent license except as here-
inafter_provided: The City Clerk shall, at the hour of 5:00
o'clock P. M. of the 10th day of every month, add to all monthly
licenses remaining unpaid at that date a penalty of ten (10%)
percent on each delinquent monthly license; the City Clerk shall,
at the hour of 5:00 o'clock P. M. of the 20th day of the first
month in which any quarterly license may be due, add to all. such
quarterly licenses remaining unpaid, a penalty of (10%) percent
on each delinquent quarterly license; the City Clerk shall, at
the hour of 5:00 o'clock P. M. of the last day of the first
month in which any semi-annual or annual license may be due, add
to all.such semi-annual.and. annual licenses remaining unpaid a
penalty of ten (la%) percent on each delinquent semi-annual and
annual license and shall enter the same upon his books.
SECTION 9. All business and. occuupational licenses
shall be paid in advance in the legal currency of the United
States in the office of the City Clerk of the City of Tustin.
The City Clerk shall,deposit with the City Treasurer all moneys
collected by him for licenses issued, and .shall, on or before
the 7th day of each month report the amount thereof to the
City Council, together with the amount of.delinquent and un-
collected licenses.
SECTION 10. The fee for any license required by
any sub -section of this section shall be that set forth herein-
below for the particular business involved. The fee and the du-
ration -of the license shall be annual,.semi-annual,. quarterly,
monthly, weekly or daily as indicated in this section. The
letter "a" following the fee shall indicate an annual fee; the
letter 11stt shall indicate a. semi-annual fee; the letter llq'
shall indicate a quarterly fee; the letter tWl shall indicate
a monthly fee; the letter ttw" shall indicate a weekly fee, and
the letter tido shall indicate a daily fee.
10.1 Advertising.
By billboards and signs
For first sign $25.00-a
Forweach additional billboard or
sign, provided thdtnb billboard
or sign shall be erected Qr main-
tained in the City withour first
obtaining a permitfrom the .City
Council approving the size and
location thereof. 10.00-a
By distributing samples $25.00-a
By posting bills s 2.5.00-a
By vehicle containing amplifier, phono-
graph. loud speakers, etc. For each
vehicle 30.00-s
Provided that no license shall be required
under this section.from any personj, firm,
or corporation maintaining a regular place
of business within the City of Tustin and
advertising his or its own line of goods
or occupation and paying the regular 11 -
cense under another section of this ord-
inanoe.
Further providing that nothing contained
in the preceeding subsections shall be
deemedor construed a-s,applying to the
owners of real estate, or their agents,
in adv6rtising their property for sale or
lease by means of billboards or signs lo-
cated upon the property advertised for
sale or lease.
10*2 Amusements,
Bowling Alley
20.00-a
Boxing or wrestling exhibitio n, per
exhibition
1.5.00
Carnival, tent show or open-air show, or
In hall,orbuilding not constructed
for theatrical purposes, after receiv-
Ing a'permit from the City Council
,_upon application
25.00-d
Marble gamess ray guns, pin ball machines
or other machines for amusement, per
each machine
25.00-a
o Music'boxes., photograph or motion pic-
ture devices operated by insertion of
4 coinp per each machine
25,00-a
Public billiard or pool room
20.00-a
Skating rink
20.00-a
10-3 Ambulance Service
20.00-a
1014- Auctions per auctioneer
25.00-d
.Except for persons such as sheriff
or other law enforcement official
conducting a sale in connection
with his official duty As such,
or,for sale conducted underthe
order of any Court, or pursuant
to any public law.
10-5 Automobile.
Storage or oarking, but not in building 10000-s
Automobile repairs 20,00-a
Service Station 20.00-a
Sales, new or used 10000-s
408
10.6 Barber,Shop.or Beauty Parlor
$20.00-a
E 10.7 Baths, Public, of all'types
20.00-a
10.8 Building and Loan, Finance
,Association, or Escrow Office
20.00-a
10.9 Bus.
Station or terminal
20.00-a
Bus or vehicle for hire operator,
per vehicle
20.00-a
Bus or vehicle for hire - you drive,
per vehicle
5.00-q
10.10 Card Writers Stands.
On public streets.or in doorway, for the
writing or,printing of any card,
invitation or announcement:
10.00-s
10.11 Cleaning.
Of the exterior of any building by com-
pressed air, vacuumcleaneror any
other machine propelled power
10.00-q
Cleaning and dyeing plant by any pro-
cess of.washing or immersing in
F a volatile or inflammable liquid
10.00-q
Where no plant or factory is conducted
in connection therewith
20.00-a
Laundry
20.00-a
Soliciting or delivering laundry and/
or dry cleaning either to or from
any laundry or dry cleaning estab-
lishment not having a fixed place
of business in the City, per ve-
hicle
10.00-s
10.12 Circus, including Menagerie.
Seating capacity in excess of 500 per-
sons
25.00-d
Seating capacity less than 500 persons
20.00-d
For each side show conducted in con-
junction with a circus or menag-
erie or under the same management
5.00-d
For every parade conducted by or under
the same management as a circus,
menagerie or animal show where
such show is conducted outside of
the City rof Tustin
25.00-d
10.13 Cold Storage or Refrigeration>
Plant
20.00-a
10.1. Contracting Business.
Including building, constructing, elec-
trical, painting, plastering,
masonry, floor finishing, polish-
ing, interior decorating, land-
scaping, lawn renovating, wall
papering, plumbing, or any other
, s
J
work on buildings or grounds or
personal property requiring a
license by the, _State .of California.$20.00-a
10.15 Dance. s
Public hall or club (permit required from
r
c City Council 25.00-a
No fee required for any religious,
charitable, civic, fraternal, pub-
lic school or patriotic organiza-.
tion of the City of Tustin when ap-
proved by the City Council a
Academys club sor teacher having an estab-
lished place of business 5.00-q
Teacher having no,xiegularly established
place of business5.00-s
10.16 D rectory,Service
l.
Concerning all publibusiness or classi-
fied directorys 10.00-a
10.17 Detective Agency 10.00-8
Merchant protective patrol, when permit
Issued by City Council 10.00-8
10.18 Etiployment Bureau.
Including union hiring hall or business
office 20.00-a
10.19 Fireworks..
Deal in or selling (permit- required from
City Council) 1.00-d
10.20 Florist.
Including nurseryy, all types, retail or
wholesale 20.00-a
10.21 Food Selling.
At retail or wholesale for human or
animal consumption, including
restaurants 20.00-a
10.22 Fumigator or Sprayer.
Including all types of pest control
service 20.00-a
10,23 Hotel.
Including rooming house, apartment
house, court.or auto court 5.00-q
10.2. House Moving.
Salvage or wrecking 10.00-q
10.25 Ice Distributor, per vehicleS.pQ-q
10.26 Junk Dealer.
Rags and papers only 5.00-q
c
Where not limited to the aboge
Collecting by vehicle, par vehicle
10.27 Knife and Scissor Grinder
10,2$ Manufacturing or Selling at
Wholesale
10,29 Messenger Service.
10.30 Pawn Broker
10,31 Peddler.
*10.00-q
5.00-d
5.00-q
e
20.00-f.
5.00-q
20.00-m
Of
flags, b.anners,_balloonss canes, horns,
noise -making instruments , toys,
notions, souvenirs or other similar
goods
2.50-d
Of
meats, poultry, fish, fruit, cosmetics,
vegetables,,butter,_or other dairy
products, eggs, ice cream, clothing,
_spices, brushes, flowers, realor
artificial, or perfume by vehicle,
per vehicle
20.00-a
By pushcart, per vehicle p
5.00-q
By basket or other container carried
by hand
5.00-q
Of
medicines, who calls attention to his
_wares by_use of'milsic, entertainment,
speech, fancy dress, or other device
on any street, or in any doorway or
on any vacant lot,.whether actual
sale is made upon said premises or
elsewhere _
25,00-d
Of
medicines, other than as above
20.00-a
Of
a
toys, notions, goods (other than medi'-
cines).who calls attention to his
wares by use of music, entertain-
ment, speech, fancy dress or other
device r
25.00-d
10.32 Palmistry.
Including the business or'a.rt of astrology,
palmistry, phrenology, card reading,
fortune.telling, hypnotism or medium -
ship, or other like or similar bus-
iness or::profession, and who.demands
or receives any fee or donations or
takes in collection for said practice,
exercise or exhibition>of'his art -
therein, or who gives an exhibition
thereof at any place:in the City of
Tustin, excepting only.religious and
charitable benefits having received
a permit from 'the City Council 5.00-d
4
10.33 Professional Businesses:. -
Accountant
Architect
Assayer
Attorney at Law
Auditor
FAMNI
prwliwl
Bookkeeper, including .bookkeeping ser -
Chemist vices supplied within the City
Chiropodist
Chiropractor
Dentist
Engineer, all types
Insurance Broker, or Agents -
Optician
Optometrist
Oculist
Osteopath or Osteopathist
Physician
Real Estate Brokers
Stock or Bond.Brokers
Surgeon
and every person engaged in the business
of treating, curing, administering to or
giving treatments to the sick, wounded or
infirm for the purpose . of bringing about
their recovery by any method, or pursuant
to any belief, doctrine or system other
than by practicing any of -the professions
hereinabove listed, where a fee is charged
or compensation is accepted therefor and
excluding persons engaged in any of the
businessess mentioned in this section
solely as an employee of thepersonscon-
dueting such businesses 5.00-q-
10.3. Retail Business.
For which no specific license fee is other-
wise prescribed in this ordinance
10.35 School.
20.00-a
- Private schools where fee is charged for
profit
10.00-s
10.36 Soliciting.
Where no license is required under any
other section of this ordinance
5.00-d
10.37 Theatre.
Where there is a permanent stage upon which
movable scenery and theatrical ap-
pliances are .used and where regular
theatrical performances are given
and to which an_admission fee is
changed, collected or received, or
where motion pictures are exhibited
and an admission fee is charged
(permit from City Council required)
10.00-q
Theatrical or vaudeville performance in any
public hall, club room or otherwise,
whether or not admission is charged,
but not including religious, charit-
able or school functions, . and not in-
cluding regularly licenses theaters
(permit from City Council required)
10.00-d
10.38 Trades.
For each and every trade or occupation for
which a fee is not specifically
charged in this ordinance
20.00-a
10,39- Transportation.
From a point within the City limits of
Tustin to another point over a
defined route with definite stops 4 5.00-q
From a point within the City limits of.
Tustin to another point but where
no defined stops are made (taxi)
5.00-q
10..0 Undertaking Establishment
10,00-q
10,41 Vehicles.
Passenger trailer parks and camps
15.00-s
Truck yard.
20.00-a
Selling or delivering by.vehicle, goods,
baggage, freight and household
goods, wares.or merchandise, in-
cluding food or raw materials per
vehicle, unless owned and operated
by a person, firm or corporation
having a regularly established
place of business in .the City of
Tustin _
10.-00-s
10,42 Warehouse.
10.00-s
10,43 Vending.
By coin operated machine where retail value
of merchandise delivered is V per
machine
2.00-a
By coin operated machine where retail value
of merchandise delivered is not more
than 5� per machine
1..00-a
By coin operated machine where retail value
of merchandise delivered is over 5�
per machine
6.00-a
10044 For any business, occupation, pro-
fession, trade, exhibition, or law-
ful game not herein listed nor pro-
vided for
20.00-a
10.1.5 In the event that any person, firm,
or corporation is conducting, manag-
ing or carrying on two or more bus-
inesses licensed by this ordinance,
said businesses being under the same
management and at the same location,
the license tax to be paid by such
person, firm or corporation shall
be the highest tax herein provided
for any one of such businesses.
SECTION 11.. That the provisions of this ordinance
shall not .be deemed or . construed to require the payment of a
licenser to conduct, manage or carry on any business,
oicupa-
tion or activity, or require the payment of any license from
any institution or organization which is conducted, managed
or carried on wholly for the benefit of charitable purposes
or from which profit is not derived., -either directly or indir-
ectly by any individual., firm or corporation; nor shall any li-
cense be required for the conducting of any entertainments, con-
cert, exhibition or lecture on scientific, historical, literary,
religious or moral subjects., whenever the receipts of any such
entertainment, concert, exhibition or lecture are to be appro-
priated by any church or school,or to any, religious or benevo-
lent purpose within the City of Tustin; nor shall any license
be required for the conducting of any entertainment, dance, on -
cert, exhibition or lecture by any .religious, charitable, fra-
ternal, educational, military, State, County or Municipal organi-
zation or association, whenever the receipts_ of any such enter-
tainment. dance, concert= ,,exhibition or -lecture are to be appro-
priated for the purpose and objects for which profit is not de-
rived, either directly or indirectly, by any individual, firm,
or corporation; provided, however, that nothing in this section
contained shall be deemed to exempt any such institution or or-
ganization from complying with the provisions of any ordinance
of .the City of Tustin, requ ring,such.institution or organiza-
tion to obtain a permit from the proper board, commissioner or
officer to conduct, manage or,.:ca.rry on any profession, trade,
calling or occupation.
SECTION .12. The City Council of -the City of Tustin
may by resolution regularly adopted provide interpretation of
the provisions of this ordinance, including classification of
matters not specifically mentioned, and prescribe rules and
regulations forthe'orderly administration -of this ordinance,
and may by resolution regularly adopted, after public hearing
held pursuantto a public notice thereof published once in a
newspaper circulated in the City of Tustin, not less than five
days before said public hearing, prescribe rules of.conduct
and _hours within which business may be conducted for any oc-
cupati:on, trade, business,show,.exhibition or lawful game.
SECTION 13. That the granting of a license for
carrying on any business, show., exhibition or game, as pro-
vided for in this ordinance shall not be deemed -a permit to
conduct the same in any unlawful -manner or at a place prohibited
by law or the ordinances of the City of :Tustin.
SECTION 14. Any person, firm or corporation violating
any of the provisionsof this ordinance shall be.deemed guilty
of a misdemeanor, and upon conviction thereof shall be punish-
able by a fine of not.more than $500:.00 or by imprisonment for
a period of not more than six months, or by both,such fine and
imprisonment. Such person, firm or corporation.shall be guilty
of a separate offense for each and everyday in which the vio-
lation.of t his ordinance is.committed or continued by such per-
son, firm or corporation and shall be chargable as herein pro-
vided.
SECTION 15. If any section, .sub -section, 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 competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this ordinance. The
Council (if this City hereby declares that it.would have adopted
this ordinace and each section, sub -section, sentence,, clause,,
phrase, or portion thereof, irrespective,of the fact that any
one or more sections, sub -sections, clauses, .phrases or portions
hereof be declared invalid or unconstitutional.
SECTION 16, That Ordinances Nos. 4. 52, 66 and 69
are hereby repealed and all other ordinances or parts of ordin-
ances to the extent that the sane conflict herewith are to that
extent hereby repealed.
SECTION 17. This ordinance is urgently required for
the immediate preservation of the.public peace, health and saf-
ety of the City of Tustin, and shall be in effect July lm 1952.
The following is a specific statement showing the emergency of
this ordinances
That the present license schedules and regulations
will expire.on June 30, 1952, and it is necessary
that the changed license schedules and regulations
go into effect on Julyl, 1952. If this ordinance
were to become effective after July 1, 1952, it
rziltw
WrAll
would result in an overlapping of the provisions
of the old ordinances and cause great inconvenience
and confusion, both from a legal and practical
standpoint in the collection and administration
of City revenue,
SECTION 18. The mayor shall sign this ordinance and
the City Clerk shall attest thereto and certify to the passage
of this ordinance and shall cause the same to be published once
in the Tustin News. a weekly newspaper of general circulation,
printed, published and circulated in the City. of Tustin, and
said ordinance shall take effect July 1, 1952.
PASSED AND ADOPTED by the City Council of the City
of Tustin at an adjourned regular meeting held on the 23rd day
of June, 1952.
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
I HEREBY CERTIFY that the foregoing ordinance was
regularly introduced at a regular meeting of the City Council
of the City of Tustin held on the 16th day of June, 1952, and
was duly passed and adopted at an adjourned regular meeting of
the City Council of the City of Tustin held on the 23rd day of
June, 1952, by the following vote:
AYES: Councilmen: Humeston, Miller, Gray, Bacon.
NOES: None
ABSENT: Teter
{ WITNESS my hand and seal this 23rd day of June, 1952.
A EL C. PENINGTON, ty Clerk.
( SEAL )