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HomeMy WebLinkAboutOrdinances - No. 82ORDIITAITCE IJO. 82* An Ordinance Licensing for the Furpose of Revenue and Regulation Every Kind of Lawful Business Here- in Specified, Transacted or Carried On Vithin the Corporate Limits of the City of Lodi, State of California, Fixing the Rate of License Tax Upon the Same, Providing for the Collection of Said License Tax and Punishment for the Carrying On of Such Business Tithout a License, and Repealing Certain Ordinances . The Bomd of Trustees of the City of Lodi do ordain as follows: Defining Terms. Section 1. The word person as used in this ordinance is intended to include corporations, firms a.nd associations, as well as natural persons, and the requirements herein prescribed respecting such persons shall apply to all persons, whether oiTmers, employees, agents, officers, principals, servants or assistants, and every such person interested--in, engaged in, assisting in or in any way taking pzrt in any of the acts herein reierred to shall be responsible for the performance and liable for.the non-performance of the acts herein required, until the sam have been fully performed according to the terms of this ordinance. The word business 8s used herein shall be construed'and is hereby intended to cover any trade, occupation, employment, profession, czlling or pursuit of any kind or nature carried. on or conducted in the City of Lodi. Vords used in this ordinmce in the present tense include the future tense as well as the present; words used in the masculine gender include the feminine and neuter; the singular includes the plural End the plural the singular. Construction. SOCi 2, The provisions of this ordinance are to be liberally con- strued with a view to effect its objects and carry out its true intent. 1. , Licenses Fayable in Advance. It shall be unlmfd for any person to keep, conduct, See. 3. maintain, carry on or cause to be carried on, within the limits of the City of Lodi, any business for the transaction or carrying on of which a license id required, without first taking ouk OT procuring the license required for such business, which license, when procured, authorizes the party named therein and none other, at and in the particular place stated in such license and no other place, to transact or carry on the business described in such license md no other. separate license must be procured for each branch establishment or A seaarate houseoof business located in the Citp of Lodi. In case of doubt or in the case a business might belong to two or more o2asses, the highest rate herein fixed shall be paid. of business is carried on under the same management, nothing herein shall be construed to precluOe the taxing of each line of business separately, if in the judgment of the City Marshal tb cause of justice demands it. Amount a Debt. Where two or more distinck lines See. 4. The amount of any license tax imposed under or by virtue of any provision of this ordinance shall be deemed a debt owing to the City of Lodi at the time of the commencement of any such business re- quiring such license tax, and on the first day of each license period thereafter during the continuation of such business; and for the collection of such license tax, an action may be maintained by and in the name of the City of Lodi in any court of competent jurisdietion, and the 3owd of Trustees of the City of Lodi shall direct suit in behalf and in the name of the City of Lodi, as plaintiff, to be brought for the recovery of such. license tax against any person required by this ordinance to take out a license, who fails, neglects or refuses to take out such license, or who carries on or attempts to carry on any business in my form or manner whatever wit.h_eut. such license, and. in such case the Marshal or any member of the Board of' Trustees c;f said oi ty may make the necessary affidavit for and a writ of attachment, my issue mithout eng bocd being given in behalf of the plaintiff nenal ty . Sec. 5. Svery person who sk11 comrnence, engage in or carry on .. 2. any busines , whether as principal, agent, -clerk, solicitor or otherwise, for the transaction or carrying on of which a license is required under or by virtue of any provision of this ordinance, d thout first taking out and procuring the license prescribed, or who shall otherwise violate any provision of this ordinance, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding three hundred dollars or by imprisonment for a reriod not exceeding three months or by both such fine and imprisonment, Transfer of License. Sec. 6. 110 license issued or granted under any of the provisions of this ordinance shall be in any manner assignable or transferable, or authorize any person other than is therein named or mentioned to do business, or authorize any business other than is therein named or mentioned to be done or transacted, or authorize the transaction of business at any place other than is therein mentioned or named, without permission from the City Marshal endorsed thereon. yr The City Marshal shall, at the time of granting such permission, immediately record such change, or transfer upon tbe proper register. Evidence of Liability to Pay License. Sec. 7. The fact that a party represented himself as engaged in any business €or the transaction of which a license is required, or that such party exhibited a sign indicating such business, shall be con- tclusive evidence of the liability of such party to pay for a license. License to be Exhibited. Sec, 8. (a) 3very persn heving a municipal license shall exhibit the same at all times in some conspicuous part of the place of business for which it is issued. License Periods. Sec. 8. (b) pr day, the same shall be due and payable each day in advance; when such license tax is per week, the same shall be due and payable each week in advance; wben such license tax is per month, the same shall be due and payable on the first day of eacb month in advance; when such license tax is per quarter, the same shall be due and.payable on the first day Then the license tax in this ordinance provided is 3. of January, April, July and October in advance; and when such license tax is per year, the same shall be due and payable in advance at the time specified in this ordinance, and wben no tim is specified the same shall be due and payable on the first day of Apyil in advance. 110 greater or less amounts of money shall be charged or received for licenses issued than is provided in this ordinance, and no license shall be Bold or issued €or any period of time other than is provided in this ordinance. Manner of Yocuring License. Any person desiring to conduct any business for the transac- Sec. 9. tion of which a license is required shall make application to the City Clerk for such license, statigg in full the nature of the business far which a license is desired, and giving such further information as may be required by the Clerk; and the City Clerk my require such application to be in writing, and to be accompanied by the affidavit of The City Clerk may, for any reason he may deem proper, refer any ar@ication for a license to the Board of Trustees of the city €or their recommendation. license should not be granted, it shall be his duty to issue %’he license under this ordinance for each wrson making such application, and liable to nay a license hereunder, state the amount of the license thereon, the time for n;hich the same is kssued, the character and location of the business for which the same is issued, and the name of the person en- titled to such license; and said City Clerk shall sign and deliver said license to the City Marshal for collection, charging the M(larsha1’s account with the amount thereof. of license, shall grade the same according to his best information and belief, but a mistake by the Clerk in stating the amount of license shall not prevent tbe collection of the amount that shall be actually due. If in his judgment no reason exists why the said The City Clerk, in stating the rate Thenever the *!arshal or Clerk shall be of the opinion that the 4. statement returned by the person applying for a license is not a true statement, the Clerk shall report such opinion to the 3oard of Trustees, and, upon such report being received, the Board of Trustees shall cite the person applying for such license to appear and show cause why the license of said person shouli! not be fixed at an- amount greater than the statement or return would indicate the person liable for. citation shall be served by the Marshal at least five days before the time set for the hearing of such citation by the Board of Trustees. If, at the time set for the bearing of such citation, the person render- ing the statement complained of shall prodluce ,his books and verify the statement, the Board of Trustees shall direct the license to be issued in conformity with the statement furnished; but if the person applying shall either fail or refuse to verjfy s.--ch statenent as aforesaid, or if it shall develop that said statement is not a true statemmt, the 3o2rd shall fix upon an qmount to be paid for the license by said yerson equal to twice the molmt vbich said Rod of Trustees shall conclude the person would be liable for under tbe provisions of this ordinance. Such Manner and Place of Paying. Sec. 10. 811 licenses must be paid for in advznce, in the legal money of the United States, at the office of the: City Msrshal, without any tender of such license, or demmd for the license money being mde. Duty of Varshal. It shall be the duty of the City Karshal to examine all Sec. 11. places of business and persons vithin the City of.lodi liable to-:pay e license tax, see that -mcb licenses me taken out, and to file or cause to be filed compkints against all persons vitilnting any provision of this ordinance. Sxcep ti ons. cjec. 12. The provisions of this ordinance shall not be constmed as applying to any exhibition, sbow or srfoumance given for. the ex- clusive benefit of ~ng church, school, benevolent or social organization, or for eny charitable nurpose by my ermieur dra!i.lalic: cj,r;sGc:iiit,ion or literary or o'i-hei society of the City of 1,odi. .. Gratuitous Licenses. See. 13. The City Marshal and the City Clerk my issiie a penit to any person to keep, conduct or carry on any business for wrhich a license is required (except tk liquor business), without the ppent of the license tax, if, in their judgment, the misfortunes 01 phgsical infirmities of the applicant warrmt such action on their port, or the interest of t're City will be best subserved thereby. Rate of Licenses. Sec. 14. License taxes are hereby levied on tk various lines of business conducted or carried on in the City of Lodi, and my person engaged in any line of business in tb City of Lodi sball pay to the City Marshal as in thds ordinance specified a license tax for each line of business in the amount hereinafter specified, to-wit:- Bgents or Solicitors. Subdivision 1.- Svery person vho so1ic;its or takes orders for goods, wares or rrercbmdise, articles or commodities of any kind (except newspaprrs and priociiczls, and excepting those who sell only to merchants, or traders for re-sale, and excepting those who have in the City of Lodi a fixed place of business, re&ulzrly kept open with sme one in charge thereof for the transaction of the particular business engaged ir_ during the hours customary for the transaction of such business) shall pay a license tax of $25.00 pr auarter year; and no license therefor shall issue for less than a quarter year. Animal Shows . Subdivision 2.- Deiy person mbo conducts an exhibition solely of durnb animals (excepthg cixwses) shall py a license tax of $10.00 pr day. Astrologers, Clairvoyants, 8-c. Subdivision 3.- Xvery astrologer, seer, fortune teller, bynnoti st, palmist, clairvoyent, mind-readel, w-i:t b for his or' her services shall py a license tax of per day. medium or phrenologist who demands a fee 10.00 kuc ti one er , Subdivision 4.- Svery resident auctioneer shall pay a 6. license tax of $1.00 per quarter. Every itinerant auction- eer shall pay a license tax of tl0.00 pr day. Subdivi Aion 5- Every prson engaged in keeping or con- ducting any auction store, bankrupt store or place of business advertised to dispose of goods, wares or merchandise for original cost or less, or selling bankrupt stock shall pay a license tax of $2y)o.oo pr year; and no license therefor shall issue far less than one year. Subdivision 6- Every person who keeps any billiard or Auction Goods, or Bankrupt Stock. Billiards, . or Bowling Alleys. pool table or bowling elley for the use of patrons shall pay a license of $2.00 per quarter yeer for each table or alley. Circus and Side Shows. Subdivision 7- Every person who conducts any circus shall pay a license tax of t25.00per day, and the further Dance Plat- form. , Dogs. Exbibi ti ons. Me rc !I a n t , Trave 1 ing. sum of $5.00 per dey €or each side show or exhibition for which zi separate admission fee is charged. Subdivision 8- %very person who conducts any dance platform shall pay the sum of$lo.oo per auarteu. year. Subdivision 9- Every ovner of any dog shall pay the following license tax per year: For each female dog, the sum of $3.00 ; for each male dog, the sum of $.oo Subdivision 10- ?very person, who conducts any ex- hibition for which no rate is berein otherwise fixed shall pay a license tax of $ 5.00 per day. Subdivision 11. - Every traveling merchant, hawker or peddler, who vends goods, wzres or merchandise of any kind ( except agricultural or farm produce of his om production), shall pay a license tax of $ 15.00 per quarter year; and every traveling merchant, hawker, peddler, vendor, street fakir, or advertiser, who sells or advertises goods, wares or merchandise of any kind by music, singing, dancing, jugglery, tricks, sleight-oi-hand, buffoonery, gymnastics, or by spectacular displays, shows or perlormances, or by L.. 7. Me r r y-G o Round. Patent Me d ic ine s . Red ??state Cealer . Shoo ti ng Gallery. Shows, I’rz-ieling . $ka ting ?ink. Iheater and Totion Tic- ures. speeches, declamation or oratory, or by any per€ormances calculated to draw a crowd of people about the person sell- ing or adverti’sing as aforesaid, shall ~y the sum of $25.00 pr day. SuSdivision.. I? - Fvery person mbo conducts a merry-go- round or flying horse michine shell pay a license tax of $5.00 ----- per day. Subdivi sion 13. - Every person vending, hawking, peddling, sel’linE .> or otherwise disposing of patent medicines or mix- tures, or any mixture or thing for medicinal or curatim pr- poses or uses, except such as are sold or disposed of at a fixed place of business, shall pay a 1icsxt.e tils of t25.00 per day. Subdivisioniy. - Eveiy person not having a fixed place of business in said city, who sells, olfers for sale or attempts to sell any red property not his own, within said city, shall p3,y a license tax of $15.00 per quarter year. Subdivision15. - rvecr prson who conciucts a shooting gallery shall pay a license tax of $5.00 r;er quarter year. Subdivision,. 16.- Every person conducting a tvaveling tbeatricd. shm and showing either in a tent or other place not having a theater license shall pay B license tax of $10.00 P3r day. Subdivisioni7.- Every person vho con6ucts a skating rink shall py a license tax of t50.00 pr quarter year; and such license sh111 issue for no less time than one quarter year. Sdudivisioni8. - 3very person who shall maintain any tbeater, hall or other building for theatrical performances, opera singing, concert singing, dancing, fairs and other public amusements, including motion picture shows, shall pay a licunse tax of $5.00 per quarter year. 8. Cards do$ Subdivision 19- - Yveiy person keepirg or conducting dice. 2ny business in conjunction with a room or in a room where cards ox* dice are permitted shall pay a license tax of $ 25.00 per quarter year. Sec. 15. The licenses in this ordinance provided for are issued and accepted with tb proviso that any violation of any of tb provisions of this or of any other ordinance of the City of Lodi or tb permitting of any disturbing noise or disorderly conduct in the place of business of the licensee shall be proper and sufficient grounds for the revocation of such license by the Bmrd of Trustees, ad the service on tb licensee by the City Marshd of a certified copy of the order of tke Board of Trustees revoking such license sbll terminate the operation of such license. Sec. 16. The following Ordinm-ce of the City of Lodi is hereby repealed, to-wi t : Ordinance Number 6i xty-five . Sec. 17. This ordinance shall take effect and be in force from and after the 31st d.2y of December, 1914. Sec. 18. The City Clerk shall certify to the passage and approval of this ordinance and shall cause the same to be published by being printed once in the Lodi Post, 2 newspaper of general circulation and published in the City of Lodi. I hereby sign 2nd approve the foregoing ordinance this 30th day of Tlovember, 1914. o7xiU.e President of. the 3oard of Truiees of the City of Lodi, California. I, H. S. Clark, City Clerk of tile City of Lodi, do hereby certify that the foregoing Ordinance 110.82 mas read and intro6uced for passage on ITovember 16, , 1914, and was tbereafter on November 30th, , 1914, duly and regularly passed and adopted by the following vote; Ayes: Trustees Black, Kn,sney, Deavsr , Polendorf ancl Hale. Hoes: None. Absent: Absent. And I further certify that said ordinmce was approved and 9. sipec! by the President of the Board of Trustees on said 3Oth day of November, 1914, City Clerk of the City of Lodi, California .