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HomeMy WebLinkAboutOrdinances - No. 375BE IT ORDAINED by the CoLmcil of the City of Lodi as follows: Sec. 1, PURPOSE. This Crc3j.nance is enacted solely tc'raise rev- enue for Municipal purposes,, azd. is not ii:tenc?ed for the purposes of regulation Sec. 2. LICENSE REQUIRED. Thsre "IFE? her*eb:r j;rposed upon aLP business in the City of Lodi, !:.ice::ise .. taxes - in the zmnnts here- inafter in this Ordinance prescr:..xd. .i.t ~kS-3. be udawful for any person, either for himself or T~>i*a :: ' other person, to corn- mence transact or carny 3n any busizess ia the City of Lodi no% exclu6ed by this Ordirmance, witkout .Firs% having procured a li- cense from said City SD to do, 01- with^^:% zcjzylying with my and all regulations contaimd in this Ordinzrice. The carrying on of any business withou% first 'having prmm*c:d a License from said City SO to do, or without c~mplying ~ith .rY E.,& d-1 rem-~ations of this Ordinance, shall eonstitzte s, sc; r%%e violation of this Ordinance for each and every day that sti Sec. 3. LICENSE TAX - FIXED PLk,CE OF EUST commencing transa'c'cirrg and ca,rrying on at ness in the City of Eodi any busiriess otk in Section 5 hereof shall psy PS annual. li the average number, ai' employees employed ii? SLIC~ 1,i;sbness as defined in Section 26a hereof, of Fifteen Go3.la~s fr'!J.5a00) for the first ,employee, Three Dollars [R33000) each fa^ the nexG nine (9) .employees, One DolEamn ($I,oS), each for the nexk foey (40) em- ployees and Fifty Cents ( 050) each for each additional amployee. See, 4. Every person eommencing, transacting and carrying on zk ether th.a.n a fixed place of business in the City of Ladi any businass ocher than those, em+- merated in Sections 5 and 7.1 hereof shall pay an annual license tax based upon the average number of euployees as defined in Sec- tion 26b hereof, of Thirty D~ll~s ($L30,00) for the first employee, Six Dollars (Ifr6000) each forthe ~ext nine (9) employees, Two Dol- lars (P2,OO) each for the next forty (&O) amployees and One Dollar ( $loOO) each .for each additional- employee. %.rrsi-ness is carried ona LSCENSE TAX - NO FIXED PLACE OF SUSINESS. -1- BUSINESS AucC ionee r Bowling Bowling and Pool OF Billiards Boxing and Wrestling Circuses and Side Shows Carnivals Dances Junk Dealer (Reside~t 1 Junk Dealer { Mon-residen~ 1 Pawnbroker Peddlers and SOlicitors Peddlers and Solicitors, Pool Billiards Swimming Pools personally manufactured goods or produce . Theatres, Occasional 6.00 24.0 00 24 00 5.00 See. 6, LICENSE TAX - 8UME OGCir:'' <_ transacting and calcqhg orr i@ 3Y:e :Ciby of 1,~& ay business in his home in a residential ZQXI~, no;; SF; 2 nc;;-conforming ESQ, vhose annual grass receipts from such business EYE ~ivs ~andreci E3o~~a1-s (!?~OO,OO) or less, shall pay an annual Piee:i;~5 ta~ of Fise Dollars (?50QO)a Every such person whose annual gross recei-,ts fmm " such business are in excess of Five P"*randred Dollars ($sGo,~;G) shan pay a license as prescribed in Section 3 hereof, Sec. 7* EXENPTICOKSS AND EXCiUSlOMS. Peraoris in the categories set ment of a liesnse tax hereunder, but shal-1 be recpired to obtain and display a license, which license shd2 be issued free of charge by the City Treasurer. See, 7.1 DELIVERY AND SOLICITBTIOR - PLACES G.? BUSImS3. Pers0.n~ operating without a fixed place of b~siness in ths City of Lodi whose sole business in said City consists of iielrivericg to places of business within said City, provided that sxch prsons soliciting and making immediate delivery shall be required to pay an annual. license as prescribed in Section 3 hreof, FQ~ the prr.lr>oses of this Seckion, the City Government, Public Library am! Public Schools shall be considered to be plzces of businass, Sec, 7.2. CHARITABLE ORGANIZATIONS, Any charitable institution, organization or association organized for: charitabf-e purposes and conducted for charitable purposes only, Sec 7.3. RELIGIOUS, FRATEFlNAL ORGANIZATIONS'. Any religious, fraternal, educational, military, si;ali couj;ity punicipal or- ganization, for the conduct of 7x1~. css 91- @ii%ertainaenc &i.& is open only to the PneEbers thel-eoz, ax-, -d~ie2.r is condwted for the benefit .of such organization and cot for t2!.e p-ivate gain of my person . Eve~y person coimencfng, out in Seetiom 701 to 7059 inclusive, s!;a.i.i -* be exmpt from the pay- -2- Sec, 11, BRANCH ESTABLJSHNENTS. Sepzr-ate Licenses must be obtained for each branch establishment or locatim, BS i€ e3sch such branch establishment or location vere ;3. separaLe ~US~EBSS~ provided that warehouses and distributing plams ussd in zonaiecixcn wlz;Ea and in- cidental to a business licensed :~ci-eiirndes ska3-1 not be deemed to be separate places of business QY' hrmc3 escabLlshmen6s0 Sec. 12. JOIF?T LICENSE. 'Whene~ex~ .my prs3n is angaged in two or more businesses at the same f_ocatlon, s~ad~1. person shall be issued one license which shall. specify on it s face all such busi- nesses, and the license tax to be paid shall be computed as if one business were being conducted et SUC~ locat;isr,, except that businesses listed in. Section 5 hereof sk.d.1 in every case be re- garded as separate businesses . Sec. 136 TRANSFER OF LICEMSE, Eo l-lcccse issued purscant to this Ordinance shall be transferred excej3,t m6e.r $he folP%ming ccmdit ions: to another in the Cttg of Lod-l, &e lice:?sc yrevi~~sly issued may be a,, When a licensee transfers his k.:,rsL~:ess from me location amended to authorize the con6uct of tk-,e !.PAZ:,2=9 3.t ck2 EeW Location. -3 - b. When a licensee wh conducts a business E^-TD a fixed place of business in the City 0.S Lodi makes a 1xna Ti& sale cf the business, an amended license may be issueC $c authoriae the purchaser to conduct such business at such I.oca%ion upon the sur- render of the old license, C. The license transfers authorized. herein imy be obtained upon application therefor to the City Treasur-er SIX? pwymmt of a fee of One Dofbar ($l,OO)b .See, 14. POSTING OF LICENSE, Zvex-y p;-'ron having il license under the provisions of this Ordinace si>6 carrying oil 8 business at a fixed place of business shall k~e::: sueti .'.!-cerise pon'ced and eAibited in some conspicuous part of said ~;slnce a:? bssipless. place of business shall cars~r su-ch licccse ~lth him at a31 tines, or shall have attached to the vehicle or vek.iicles used in sue21 business the windshield sticky provided. Pcjx-. lii Section 16 hereof 1) Every prmn having such s 1ieens.e ar~d m% having a fixed a. AFFIDAVIT. Every prsun requirsti :SO have a 12cense shall make application to the City Tsetzsurer. of the City of Lodie Such application shall be a wsiti;en sta'semmt ~ipsrr zi. form provided by the City Treasurer and shall set forth SI.KS-I Lnformation as may be necessary properly %Q determine the msun't d %he license tax to be paid by the applican'c, cation for a license for a busimss, taxshle under Section 3 hereof, which has not been established in the City of Lodi for 8 sufficient leng%h of time to meet the requirc.,.nents a? 3eet;ion 268 hereof, shall pay to the City Trea,ur-er %he ainimum license tax for the business in which he is engaged. The $ax thus paid shall be i;entst.ive only. Such licensee shall. within thirty (30) days after the expiration of the period for which the License was issr~d, furnish the City Treasurer with an affidavit as prescribed in paragraph (a) hereof, showing the average number of employees during the. period of su6.h license, The license tax shall be ,ascertained and pa.id upon the basis of such average number of em$.csyees, credit being given for the minimum license tax previ~us'ty paid, Every person nnaking appli- cation under this Seetion shall fwnish srzch information as may be deemed necessary by the City Treasures to pmvide satisfactory proof of intent to establish a fixed plaee of business in the City of Lodi. co Every person making application for a license for a business without a fixed place of busitess In the City of Lodi and not included in SecP;ion 5 hereof, shall psy to khe City Treasures the minimum license tax for the businesz in which he is engaged, The tax Ghus paid shall be tentative only, and, prior to the ex- piration of the period ,for which such license ~2.s issued, such person shall furnish the City Treasurer wi%? scribed in paragraph fa) hereof, shotsine tke .z.ver&ge number of employees as provided in Section 26b hereo?o be ascertained and paid upon t'ne bzsis of mch avei-qe number of employees, credit being given for khe rniiaimx~ license tax previously\ paid be NEWLY ESTABLTSHED WSIXESS. Every PX'SO~I ~akhg applf- affidavit as pre- Y?!c 1ic.ense tax shall -4- Sec. 16, VEHICLE STICKERS. Ilpon ?;he 1- City Treasurer shall deliver tc the l.ie sticker for each ccrmmeseial vehicle we conduct of his business, which said wii: attached to the windshield of sgch vebi vehicle does not have a. windshield,, such sti, in a canspicuous place in the oper~tior?~ 3 L?\ vehicle Sec. 22. OPERATION OF W3NDING FA@E7.XNE XTWOUT STICRER, St, shall be unlawful for any person $0 operate 01- use, cawe P;D be oper.a.ted or usedp or offer for operation arid use in %he conduct of his busi- ness any vending machine without a s'eicksr bcfng attached as in this Ordinance required, or to remove, deface cr CQVW up said sticker, or place, cause to be placed, (ST' pam.5-S the placing of the sme upon any such machine other theii c71>.r> ujed bpi She licensee in his business. a. AVERAGE NUMBER OF EMPLGYEZS, FIXGD ?LACE OF BUSINESS. The average number of employees for any buslnass hsving a fixed place af busine'ss in the City of Lodl sha1.E mm the average number of persons anpboyed daily in said City in the appLie.mt*s business for %he %welve (12) mO.rths* period endizg on -L?!e last day of the determined by ascertaining the total nugber of ~CX_T.S of se~vice performed by a19 employees during ~ii& yew, exclusive of overtime, and dividing the total number of hours of ser~ice thus obtained by the number of hours constituting a dayfs work, acc~a?d..hg to the .custom or laws governing Such employments, and by again dividing the sum thus obtained by the number of working days in such year, In computing the. average number of employees, fractions of numbers shall be excluded, month nex% preceding the date of such apy;lica-Lion, and sha3.1 be be AVERAGE NUMBER OF ENPLOYEES, NO FIED PLACE OF BUSINESS. The average number of employess for any business not having a fixed place of business in khe City of Lo6i shall man the number ofpes- sons employed daily in Che Gity of I,~cii in $he applicmtvs business for the period during which such applic-mt conc?racts such business in the City of Lodi, and shall. be determined by ascertaining the total number of hours of service, exc!us?~-e of overtime, performed by all such employees during the tkree (3) days, or less, on which the greatest number of persons we so e~pI.Q?-ed, and dividing the total number of hours of service thus obcaj-ned by the number of hours constituting a dayts wrk, accos6Lr~ to %he custom or laws governing such employments, and by agak e!-:;ic,L~g the tam thus obtained by the nursber of working days u.:c:- 9.illel: the total hours of service is based, fractions of numbers shall. be @xc?_u6eda In computing ths FYC: ri:v@ n12d2er of en;ployee s .. . . i,,' ee FIXED PLACE OF BUS13 roean a place of business in the City wit51 someone in charge thereof fc~ %h. Snsiness engaged in during the horj,rs business, and &all not so qualify u business shall have been so opem%ed : I .' six (6) mora~e;fis* f,, PEDDLEII, Peddler si?aj..7 5.e :nake a immediate delivery OF off s?rs Eci any goods, wares, merchandise or thing seIl.er, a% any place in the Ci%y of Lo place of business, and who dms not fo purchasers In the City of Lodi re,gaI.ar g. PERSON, Person sha.21 meari corporations, associations, syndicates clubs, Massachusetts, business r=rr comm and individuals commencing tmnsactiqg and car~yk-~;:; m. nest3 _in the city of Lodi, J I. J:F. Blakely, City Clerk of the City of Lodi, do hereby certify that the foregoing Ordinance No, 375 was regularly introduced in regular meeting of the City Council of the City of Lodi on October 20, 1948 and was thereafter passed, adopted and ordered to print at 8 regular meeting of said City Council held November 3, 1948. I further certify that said Ordinance ~yas approved and signed by the Mayor on the date of its final passage and that the sane has been published according to laWm -8- November 3, 1948 .. .