HomeMy WebLinkAboutOrdinances - No. 277. - ._
The City- Council of Lhe City of Lodi, does ordain as
f OllOWS :
Section 1. The word ttpersonf* as used in this ordinance
is intended to include corporhtions, rims and associations as well
as natural persons, and the reopirernents herein prescribed respect- ingsuch persons shall a,i$lg to sill 2ersons whether owners, employees,
agents, officers, principals, servants or assistants, and every
person interested in, eiighged in, assisting in or in any way thking part in any of the acts herein referzed to shhll be responsible for
the yerforaance and liable for .the nonperfornnnce of the acts herein
required until the same shall hhve been fully perfori~ieti according
to the term of this ordinance.
The w0i-d ltbusiiiesslt tls ilsed herein shsll be construed and
is hereby intended to Cwer hng trtide, occuLJati3n, e,i$logment, pro-
fession, calling or LJu:i.suit of any kiacl 01 nkture, carL5ed on or
conducted in the City of' Locii.
Words used in this ordinhnce in the Iiresent tense include
tne future tense as .we11 h5: the LJresei1-t tense; worcis used in the
masculine geiider include tile feminine tiii: neuter; the singular in- cludes tne plural hiii the iJlur&l the singultir.
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Section 2.' The provisions of this ordinslice are to be
liberhlly cons-Lrued tvi-Ln ti view to effect its objects and carry out its true intent.
Section 3, It shall be unlhvdul for any person to keep,
conduct, maint;in, carry on or cause to be cmried on within the lixits of the City of Lodi any business for the transaction or
carrying 0x1 oS whicn ti license is required, without fir2.t taking
out or procuring the license required for such business which license when pro cured Eiuthorized tile person nb-iced therein and none other,
at and in the particulhr >Lee stt,tej in suc'n license and no other
plhce, to traiis;ct OT cslr;;r on the business described in such license
and no other. ri se+rute license aust be procured for each bra.nch establishraent or sept;r;te house of business located in the City Of Lodi and y.rhich miy be subject to the term hereof. In cirse of doubt
or in case a business nzy belong to two or nore classes, the high.est
j-ste herein fi;;ed siinsll be -jai$. of -c>usines- 81.e chr.~.ied. on unrier the sari13 n age:-clen.t n0th.i~ he re in
sh5:, 3: ~~.~.~'~'~.iiqd to I.~-rsclu.ie the t?-xin.g and licensing of each line
of bus iriesu se,ara.telyf
':/here two 0;r More ?istinct lines
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Section 4. The mount of my license tc.:.x im:josed under
or by virtue of an:? provisiolis of this onfiimnce shall be deejxed a.
debt owing to the City of Lodi at the tiriie of the coni-nencement of
any such business requiring such license tux and on the first day
of each license ,ieriod tiereafter dkiring the contiriuxtion of such
business; anti for the collection of such license tax Ein action
mzy be comaenced by and in the nato of the City of Lodi in any
court of competent Jurisdiction .md the Cit.7 Council of the City
of Lodi shall. tiirec-t suit in behalf' and in the nazne of the City
of Lodi, as plaintiff', to be brouF,ht foi? the recovery of euch
license tax against a.ny LJe.r?X)iz required b,r this ordinance to tzke
out a license who shall fail, neglect or refuse to take out such
license or to pitiy such license tax OP who carried on or shall attempt
to carry on any business in any f3rL-J or iilanner wh~ttoever without
such license (where such license is required) and in such czse the
City Chief of Police or any riieiriber of tae Gitg Council of said City
may m.ke the necessary affiuavit for iitt&c:-ment, and a writ of
attacinrient rimy issue and riia~j be levied as required by law.
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Section 5, Ever57 2erson who shsll cornmence, engage in
or carry on any business -ðer as princige.1, agent, clerk, soli-
citor or otherwise for the transaction or cwrying on of which a
license is requii'ed undei: or by virtue o:€' sny povision of this
ordinance, without firs-t tikin3 out or ;jrocu.ring the license pre-
scribed herein or who shall otherwise violate any of the provisions
of this ordinance shall be deemed guilt-7 of ii misdemeanor and u,jon
conviction therefor, shall be pnished by fine not exceed.ing
Three Hundred Dollars Or b:r imprisoiirnent for 8 geriod not exceeding
three months or by both such. fine ad iii~~)rieonment.
TRd~~F>;~~ isp i,ICE>JSF;
Section 6. No licnnse issued or granted under any of
the provisions of this ordiilaiice shall be in my rw-nner assignable
or trznsferable or authorize any .jersoiz other than is therein named
or mentioned to do bushes?. OT' to authorize any business other than
is therein nmed or mentioned to be doi1C or transacted, or author-
ize the transsction of the biisiness at aily dlace other than is
therein mentioned or nuEd. Provicied, that, xitli the. conEent of
the City Council, if such coilseii'c be rited by four-fifths vote of
Yne nei;lbers of said CitJr Coimcil, any licensee operating for more
thhn six ~~onths at a licensed lochtion in this City aay ZOve his
glace of business to another location without ohtailzing a new li-
cense for such location, and such reuovhl, when tnade pursubnt to such consent, silall not 2u.t the licensee in a gosition thereafter
of being an apLjlicant for a linevJ licensert as defined in Section 9
of this ordinmce.
Section 7. The fact thet a perty represents or mag
herehfter re~resent himself zs engaged in any business for the
transaction of wliich ii license is required, or tht such LxirtT may hereafter exhibit a sign inliica1;bg such business, shall be conclu-
sive evidence of the liability of such ixrson to pzy far a license.
Section 8 (a). Every gerson having a municipal license within Yne City of Lodi shall axhibit %lie same at all times in some
coiispicuous gGrt of tne pLce of business for which it is issued,
if such gerson h~s such ,)lrce of business. -2 -
section El (b). Wlneil a license tb.x in this ordinance pro- vide.d is ger ay, the s&me s1;ull be due tin.1 ,hyable eELch day in
advance; vinen such license tax is ler mnth: the same shall be due
and &pble on the first day Of' etich month in advance; when such
license thx is per week the same shall be due and gayable each week in advance; when such lieen-e tax is per qusrter year, the same
shell be due and layable on the first day of January, kgril, July and October in advbnce; and wien such license tax is $el3 year the
same shall be due and iiayable in advance at the time such yearly
license is obtained.
Daily, weekly or montnly licenses sh611 not be prorated
and shall be far tine full period grescribed therefore; quarterly
licenses issued between the first &nu la.st days of a quarter shall be chhrged the licensee in the progortion that the unex,)ired part
of such quarter 'bears to the tothl nuaber of dqs in the q-uarter,
Annual Licenses are &ue on the fil-st day of January in
advance; apiilications received during the calendkr yecr sha.11 be
charged the licensee in the proportion that the unexgirec? pzrt of
the year beiirs to the totcl nunbei- of days in the year, except that,
where the annual license fee is $5.00 or less, persons applying
between the first day of Janui:.ry znd the thirtieth dsy of June shall
pay for the entire year and ije?sons apiJlying for license between the
. first day of Julg and the thirt of December sholl pay one-
half of the license fee provide
Section 9. $Any person desiring to conduct any business
wi.thin the corjortte limits of the City of Lodi for the transaction
of which a license is require6 smill iuo.ke +plica-tion to the City
Council for such license (wiiich a,glication may be filed with the
Clex of said Council) stating in full the nature of the business
for vvliich h license is desii-ed, the ,>eriod of time for which such
license is desired, the address aiCi ,>lace of resideiice of Lhe a-ppli-
cant, and stating the nams of z-t least two persons to whom inquiries
mtiy be addressed as to the good morhl chijracter of such a;Jplicant or
of the officers of such applicani; if 1: cor~oration, or.of the members
of such ap9licant if a 2hrtnershiG or unincorporz ted associa tion.
tne City Clerk shall present to said City Council all applications
for licenses hereunder, which may heve there-tofore been mide, but not
acted ugon by said City Council; and, at its second reguler meeting
thereafter said City Council shall consider the said application or
apglications, the time between the $resent&tion of said apglication
to said council and the hearing thereon being allowed so that the
Chief of Police or other interested persons rnay investighte the char- acter of each applicant, or of its officers or inembers for business
honesty and integrity. The City Council may, if it deems necessary,
continue the hearing on said apglication for an addi-tionti1 period of
not to exceed sixty days. such hearing or continued heering, the
City Council shall hear and consider the written report of the Chief
of Police, which shall be filed with the City Clerk before such ori-
ginal hearing, on the chiirhcter of said agplicant, Or of its officers
or members, for business honesty and integri-tg an3 shtj.11 hes such
other evidence as the apglichnt or any resident of the City of Lodi may desire to present, touching the business honesty 3r integrity of
the apLjlicant or of its officers or members. After said application
shall have been so heard, said City Council shsll order said license
to be grani;ed, and to be issued by the 3ity Clerk unless it shall
appear to said City Council, from eviiience SO introduced before the
kit each regular meeting of tile City Council of said City,
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Council at such hearing or hearinss, th=.t such ap>lica.rit, or its
officers or members is or are unfit to receive suc'n license, because
of lack of chsracter for business honesty and integrity.
license in the City of Lodi (that is, for a license to conduct a
business, which hhs not theretofore, under a license in effect at the
time of filing such application, been coxducted at the location in
said city Yvhere such applicant proposes to operate) shall pay to the
City Clerk, in addition to any license fee or tax reauirsd to be paid
hereunder, the sun of Two Eundred aiid Fifty Dolla.rs ($250.00), or
shall file with the City Clerk a '3ond in said s'm, executed by two
responsible free-holders residing in the City of Lodi, or executed by
ii surety coinpn-.r, licensed .to do business in this state, conditioned
as hereinafter mentioned. If such license be denied said sum of Two
zundred Fifty Dollars ($250.00), o'r said bond, shall be returned by
the Clerk to the apGlicant; but, if such license be granted, such sum,
or such bond, shall be retained by the Clerk, as a guaranty, and condi-
tioned, that such licensee will faithfully and honestly pg all sullls of money which such- licensee may thereafter owe or contruct or incur
(in -the opecction of such business) for b period of six months con-
tinuously next succeeding the granting of such license. If after the
end of such six month gerid, said licensee shdl file with the Clerk of said city r;n affid:=vit stiting that such licensee hhs fully paid
all such obligations, said sum of 'i'wo Hundred Fifty Dollhrs ($250.00)
shall be returnea to the licensee, in full, or all litibility there-
after to be incurreii on said bond shhll be enonerhted; otherwise, the
City Clerk shall ai~*,1y silch money to phynent of such uttk.chmnts or
executions, hs :usy hbve beea levieu against said. money, and return
the balance to the licensee, or retain .said bond irs security for pay-
ment of hiiy judgment which may be recovered aghinst such licensee for
violating ariy coiiditilsn of such bond and which may be enforced by amg
pro$er legal process, provided, thst this section shall not ap91y to
any persoil, firm or cor,ioratian, wtio or which, for a ,>eriod of one
year next prior to the effective d:.te Of this or'(iiiitrnce has been
actively engiged in any of the businesses or occuiJ~tions subject to
license in tiis City.
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Section 9 (a). Every person hereafter aijplying for a new
Section 10. till licelises must be paiL for in advcnce in
lawful money of the United Stites at the office of the Chief of
Police of shid City without &ny tender of such license or deindnd for
such license aoliey being mde.
I)U"IES OF CiII!IF OF TOLICE
Section 11. It shhll be tie duty of the Chief of Police
to examine all pltcces of business 2nd gersons within the City of Lodi
liable to pay a license tcx, collect such license fees if possible,
and to file 031; ceuse to be filecl complaints agsiinst all persons who
may vio1::te any provision of this ordinance.
Section 12. The yrovisions of this ordinance shsll not be
construeu as aj-',>lying to sny exhibit, snow or gerformznce wkich may
be given for the exclusive benefit of hny church, school, benevolent
or social organizatian or for any charitable Gurpse, by any amateur,
dramatic a.ssoc iction or literhry or other society.
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Section 13. License tsxes are hereby levied on the various
lines of business coiiducted or to be conducted or to be carried on in
the City of' Lodi and iiny gerson who inky hereafter be en
line of businsss in the City of Lodi shsll pay to said City a license
tax for e&ch liae 01 business so to be coriducted in said City in the
arnount here inafter. specifieu, to-wit:
3 OLiC 1:TG 1s
Subdivision 1. iL 'Solicitor' within the meaniiig of this
ordinLnce is ciefined to be my person wkko goes from house to house or
from place to ,,lace in the City of Lodi, selling, solicitin?;, or
taking orders far, oi' offering to sel.1, or take orders for goods,
ware 01% merchazidise, or tiny e.rticle for present or futule delivery,
or for services to be lJerfori!1?ti 01- for the rimking, rnanufktctuj?ing or
repairing of aiiy article or tiling whLtsoever.
3:bch and every &?rsOn who sLlu11 eLn&<ge in bdsiii?ss as a
solicitoi- Y~ithin the Cit; of Lodi (exce,)t those otherwise licensed by
s&id city, and excegt tilose wno sell oril:* to nerch*nts or te.ders for
resale)
ger day.
stsll gcy to said City 8 license tLcx of Fifty Dollars ($50.09:)
Subdivision 2. Every' person who conuucts or shall coiicluct
within the corporate limits of tlie Citv of Lodi, an e .hibitisn prin-
cipally and solely of duh aniln~ls (except circuses)
licenc,e t-1, of Twenty-five L)olldrs per day.
shall puy a
Subdivision 3. Xverg astrologer, seer, fortune teller,
hy,notist, galmist, c1tiirvop.n-t , mind re&der, i-iiediux or phrenologist
eitiier directly or indirectly, eisher as a gift, donation, or other-
wise, Or who gives Lil exhibition <-,t 2.il.f LJldce where hn ai;inissioii fee
is clicirged sixill gcy & llcense tax of Two iiundred Fifty dollars per
qu&rter year, and no such license sniill be issued for less than one
qulrter yekr, an;rt:iing in this ordinknce to .the contri:.ry, notwith-
standing.
nds or receives ii fee or c,ai-iGensation for his or her services
Providing ths-t no gerson shall be required to ,my a.ny fee
or take out any license foi-. cxducting or ijri;cticing any relig,ious
cereriiony or service when sucn _oersoii holds a certificate of ordination or iiidorsement ts z _.~diu:i, healer or clairvogont from aiiy bona fide church or religious associs.tion hsving branches or churches in other
states bnci coixzunities, hnii vdhicli has cl creed or set of religious
griilciL,les thbt is recognized bj~ such churches or bchnches; provided
further thht the fees, grtituities, e,.:zolu-?ients and Grof its thereof
shhll be regulclrly uccountsd far aci p3iC solely to or for the benefrt
of said church 3r re1igiaiis iiasociotion.
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Subdivision 4. Every auctioneer shall pfi.:f a licenrie tax of
Five ijallarrj iJer qusrter year.
Subdivision 19. persoii VfLo conduc-ts a merry-go-round
or flying horse mchiiie siltill Q~JJ a license t+x of 'Ten Dollars per day.
Subdivision 11. Xvery ;Jerson who conducts a shooting gal-
lery sha11 pZLy s license t~i of Five Dollars per quiii-tep yea=.
Subdivision 12. Evzry person who conducts & tru.veling
the&ricul sn3w t;nS showi:ig either in h tent or other ;>lace not having a thec,tre liceiise ski~ll pcy 5; lieenbe .LLX of Fifty dollar^ per week
or for hiijr i)~.-~t of a ,,ieei; a~ci such license shall not be isrued for
any pe2io.i less than one ;leek.,
c;;:2Ju'I'J;LLs
Subdivision 13. ,~ny person who exiiibits a collection of
shows, ghifies of skill., ineciLtnici:l 8d.ilse'i;ient devices or booths for
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dispensing 01' fooii or Tefrlisfiilleilts, Coxiionly klioiiin 01% desip-i?c;.tc.d as
ftcarnivLllt sh~lll pay c liceiise tlix of Gne Sundred. 30llei-s per day.
Xhen any of the above SilOWS are conducted separhitelp either
as to 1oca.tion or management each shall be iiidiviluzlly licensed at
the rate of Twenty Dollars per day.
Subdivision 14. livery person who shall Lxaintain ~JT
theatre, hall or other building, for tiieatrical gerformnces, opera
singing, coiict?l% slilgiing, dcilcing, fairs, 02 otiier piblic amuseliients
includiiig uotiJn pictures siisll ljay a license tax of' 'Twenty Llollars
per quarter.
Subdivision 15. Xvery gerson kee,Jing or conducting a card
or dice gar~e or bay 'businesii in conjunction with. a rooiii 01.' in a rooin
bvhere p1a.ying carus oi' dice are permitted, shall pay a license tax of
Twenty-five Dollus ger qucxter year.
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Subdivision 19. ilny ,>eraon, who or which shall eng&;ge in
the business of contractor an; is subject to license under the State
Contrxctors License Law br is licelised in accord;;--nce with the yro-
visions of Ordinance Lio. 294 of the City of Lodi, shcAll pay a license
tax of $2.50 peL: year. Yhe license tax herein in this subsection
nentioned shall hiJGly to such iiersons evm though licensed under
otiner subsections of this ordiriarlce.
Section 14. The liceases in this oruinance iirovided for
sizall be issue& arid hccepted rriti-1 the ijmviso find under:..tmding that
any violatim of my of the pi70visions of 'Cilis or oi" tiny other ordi-
name of the City of Lodi or the ,Je;initI;ing of my disturbing noise
or disorderly conduct at or in the place where said buciness is con-
ducted sh~I.1 be QA'o,Jer Lnd suiiicient pound for the reuochtion of
said license by tile City Council or' ssi8 City, sfte:r a hearing duly
had by the licensee before the ssia City Councfl kt its regultir ;)lace
of business ancl uson written notice of t;t least twenty-four h0u-I.s to
the licensee, which notice shhll s,iecifg the rahsoii for which it is
,iro$osed to revoke such license. Such notice shzll be signed 'by the
Chief of Police, City Clerk or my me:nber of said City Souicil. The
order of said City Council. revoking any license (when such order
shall be dulg er;tered in tne ;tinuhs of sa.i.2. Council) shall be con-
structive notice to the licensee of the cancellation 2nd ter.minztion
of such license ;iii Sucil ordez. shall be sufficient to cancel kind ter-
minate sucil license 7"ithou.t my further service ugon th: licensee.
One :ixicired Xineteen of the City ol' Lodi, hnd hll other ordinances
an6 guts ol ordinsnces in coiiflici; here;ii.th are heyeby reiJes.led.
Section 15. Ordinance idumber Eight;.-two, OrZcinance Number
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Section 17. Nothing herein conthined shall be construed as
revoking any license heretofore issued by sslid City and any such here-
tofore issued liceiise shall i'eiain in full force and effect, at the
license fee oi' ;:ate chc-rged by a&ii: City for the sme until the ex- pirstion of tile tern for which such license was granted, and (as to
the holder of sdch license) all senal povisions of tnis ordinance
are hereby waived while sum license shall remain in full force and
effect.
Section 18. If any section, sub-section, paragray@, clause,
phra.se, lrrord or otner @,art of this ordinance is or shall be declared to be uncoiistitutional or invalid for my reason, the reminder of
this ordinance shall nevertheless be valid, the City Council of the City of Lodi here'bgr declaring that it luould pass &n:l adopt each see-
tion, s1lb-sectio:i, paragrb.p,h, clause, phrase , w3i.d Or part Of this
ordinsince regardless of sny other ,,art of this ordinance.
Section 19. ,This oxdinzice shsll in no Nay effect or inter- fere wit11 inter-s.t;;te comnerce OT witii any person engaged in the
business of inter-state cc)merce.
Section 20. -rq~ pe?son or classes of Persons Who by any
valid stat.? 01' fedeysil I~w or co;istitution&l provision, now in effect
or vfiiich ra~y hareaftzr be in effact in sa.id City of Lodi, are or
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shall be exe.;igte;i fr3m any of the Ljroovisions breof or from the pay-
ment of any license tax herc:inebove ;centiaLieii , shcll be likewise
exezqted frocl the terxs hnCi provisions of this oi-dinance.
Section 21. No License or license tax shall be req.uired of hnjr person who my offer Tor s&le or sell, outside of said business
district, any far2 produce raised by himself or any article manufac-
tured solely by his own labor,
Section 22. This ordinance sliell be pablishe5 once in The Lodi Betvs-Sentinel , a ile-,.Fsyk-.d'-. &, -. '. ,Jitblishe,i in the City of Lodi, and
shall be in force and t&e ef;'ect thiyty dxys after its Ljassage, ap-
proval anii gublication.
LJ'EROVAD:
Attest: A
D,;pEU: January 21, 1942
I, J. F. BLkKELY, City Clerk of the City of Lodi, do hereby
certify that the foregoing Ordinence No. 277 was remlarly introduced
in the City Council of the City of Lodi on January 7, 1942 and there-
after, on the 21st day of January, 1942, passed, adopted and ordered
to print by the following vote:
AnS:
NOES: Councilman, \WEIHE.
ABSENT: Councilmen, NONE.
Councilmen, BUU, RIGGS, RINN AND STEELE (NiYOR)
I further certify that said Ordinence No. 277 was published
in the LODI NEWS-SEN"EL on the 28th day of January, 1942.
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