HomeMy WebLinkAboutOrdinances - No. 221ORDINANCE NO, 22.3-
AN ORDINANCE LICXNSING FOX THE PURPOSE OF REVENUE AND RSGUUiTION EVERY KIND OF
LAWFUL BUSINESS IEEliEIN SPZCIFIED, TW!Si&TdD OR CARRIED ON XITHIN THE COR-
POXATE LIMITS OF THE CITY OF LODI, STATE OF CALIFOilNIA, FIXING THE RATE OF
LIC2NSfi TAXES UPON THE Skh;E, PBOVIDIWG FOX THE COLLECTION OF SAID LICENSE
TkxES AND PUI$ISINENT FOR Ti% CARXYIMG ON OF SUCH EUSIlIESS OR BUSINESSES IITI-I-
OUT A LICkX3E AXD REPXrFLIZliG CERTAIN 0P.DIi~iNCPS.
The City Council of the City of Lodi, does ordain as follows:.
DEFINING TEWS
Section I, The word tlpersonly as used in this ordinance is intended to
include corporations, firms and associations as well as natural persons, and the
requirements herein prescribed respecting such persons shall apply to all persons
whether owners, employees, agents, officers, principals, servants or assistants,
and every person interested in, engaged in, assisting in or in any way taking
part in any of the acts herein referred to shall be responsible for the per-
formance and liable for the nonperformance of the acts herein required until the
same shall have been fully performed according to the term of this ordinance,
The word 'lbusiness" as used herein shall be construed and is hereby
intended to cover any trade, occupation, employment, profession, calling or
pursuit of any kind or nat-me, carried on or conducted in the City of Lodi,
lords used in this ordinance in the present tense include the future
tense as well as the present tense; words used in the masculine gender include the
feminine and neuter; the singular includes the plural and the plural the sinaular,
CONSTRUCT ION
Section 2, The provisions of this ordinance are to be liberally
construed with a view to effect its objects and carry out its true intent.
LICENSES PAYkS;LE IN BDVAXCE
Section 3: It shall be unlaviful for any person to keep, conduct,
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 is
required, without first taking out or procuring the license required for such
business which license when procured authorized the person 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 and no other,
B separate license must be procured for each branch establishment or separate
house of business located in the City of Lodi and which may be subject to the
terms hereof. In case of doubt or in case a business may belong to two or more
classes, the highest rate herein fixed shall be paid,
lines of business are carried on under the same management nothing herein shall
be construed to preclude the taxing and licensing of each line of business
separat ely .
Where two or more distinct,
AMOUNT A DEBT ---
Section 4. The amoun5 of any licewe tax imposed under or by virtue
of any provisions of this ordinance shall be deemed a &ebt oliling to the City of
Lodi at the time of the commencement of any such business requiring such license
tax and on the first day of each license period t'nereafter during the continuation
of such business; and for the collection of such license tax an action may be
commenced by and in the name of the City of Locti in any court of competent juris-
diction and the City Council of the City of Lodi shall direct suit in behalf ad
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fn 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 shall fail, neglect or refuse to take out such lieenss or to pay
such license,tax or who carried on or shall attempt to awry on any business in
any form or manner whatsoever without such License (where such license is required)
and in such case the City Chief of Police or any member of t'ne City CounciLb of
said City may make the necessary affidavit for attachment, and a writ of attach-
ment may issue and may be levied as required by law.
PZNBLTY
Section 5, Every person who shall commence, engage in or carry on
any business 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, wichout first taklng out or procuring
the license prescribed herein or \vho shall otherwise violate any of the pro-
visions of this ordinance shall be deemed guilty of a misdemeanor and upon
conviction therefor, shall be punished by a fine not exceeding Three Hmdred
Dollars or by Lxprisonment for a period not exceeding three months or by both
such fine and imprisonment.
Section 6. No license issued or granted under any of the provisions
of this ordinance shall be in any manner assiznable or transferable or authorize
any person other than is therein named or mentioned to do business or to authorize
any business other than is therein named or mentioned to be done or transacted,
or authorize the transaction of the kusjness at any place other than is therein
ment ioned or named,
ZVIDENC3 LIABILIl'Y TQ PAY LICEKSE
Section 7,
himself as engaged in any business for the transaction of which a license is
required, or that such perty may hereafter exhibit a sign indicating such business,
shall be conclusive evidence of the liability of such person to pay for a license.
The fact that a party represents or may hereaftep represent
LICZNSE TO BE EXHIBITED ---
Section 8 (a). Every person having a municL.ga1 license within the
City of Lodi shall exhibit the same at all times In some conspicuous part of the
place of business for lrihich it is issued, if such person nas such place of business.
LIEENSE PIBXIOD
Section 8 (b)- Men a license tax In this ordinance provided is per
day, the same shcll 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; when
such License tax Is per month the same shall be due and payable on the first
day of each month in advvlce; riliefi such license tax is per quarter year? the
same shall be due and payable on the first day of January, Lpril, 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 such yearly license is obtained.
Ehenever any person shall obtain any license hereunder between the
beginning and end of such license period as hereinabove provided he shall pay
such proportion of said ljcense fee as the unexpired portion of such license
period shall bear to the total license period which may be applicable to such case,
-- KANNER OF PROCURING LICEUSE
Section 9,
corporate limits of the City of Lodi for tne transaction of which a license is
required shall make application to the City Council for such license (which
application may be filed with the Clerk of said Council) stating in rUll the
nature of the business for which a license is desired, the period of tlme for
which such license is desired, the address and place of residence of the applicant,
and stating the names of at least two persons to whom inquiries may be addressed
as to tne good moral charaater of such applicant or of the officers of such
applicant if a corporation, or of the mehers of such applicant if a partnership
or unincorporated association,
Any person desiring to conduct any business within the
At each regular meeting: of the City Council of said City, the City
Clerk shall present to said City Council all applications for licenses hereunder,
which may have theretofore been made, but not acted upon by said City Council;
and, at its second regular meeting thereafter said City Council shall consider
the said application or applications, the time between the presentation of said
application to said council and the hearing thereon being allowed so that the
Chief of Police or other interested persons may investigate the character of
each applicant, or of its officers or members for business honesty and integrity.
The City Council may, if it deem necessary, continue the hewing on said
application for an additional period of not to exceed sixty days. At such
hearing or continued hearing, the City Council shall near and consitier the
written report of the Chief of Police, which shall be filed with t'ne City Clerk
before such original hearing, on the character of said applicant, or of its
officers or members, for business honesty znd integrity and shall hear such other
evidence as the applicant or any resident of the City of Lodi nay desire to
present, touching t'ne business honesty or Lntegrity of the applicant or of its
officers or members, After ssid application shall have been so heard, said City
Council shall order said license to be granted, and to be issued by the City
Clerk unless it shall appear to said City Council, from evidence so introduced
before the Council at such hearing or hearings, that such applicant, or its officers
or members is or are unfit to receive such License, because of lack of character
for business honesty and integri-cy.
VAN\ER 6tID PLACE OF PAYIMG LICENSES _______--
Section 10. All licenses must be paid for in advance in lawful money
of the United States at the office of the Chief of Police of said City without
any tender of such license or demand for such license money being made.
DUTmS OF CHIEF OF POLICE ___----
Section 11. It shall be thp duty of the Chief of Police to examine
all places of business and persons within the City of Lodi liable to pay a
license tax, collect such license fees if possible, and to file or cause to be
filed complaints against all persons who may violate any provision of this
ordinance -
EXCEPTIONS
Section 12,
as applying to any "::hibit, show or performance which may be given for the
exclusive benefit of any church, school, benevolent or social organization or
for any charitable purpose, by any amateur, dramatic association or literary
or other society.
The provisions of this ordinance shall not be construed
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UTE OF LICEIJSE
Section 13. License taxes are hereby Levied on the uarious lines of
business conducted or to be conducted or to be carried on in the City of Lodi
and any person who my hereafter be engaged in any line of business in the City
of Lodl shall pay Lu stlld. ClLy a license tax for each line of busincon so to bo
conducted in said City in the amount hereinafter specified, to-mit:
SOLICITORS
Subdivision 1: A %elicitor'* within the meaning of this ordinance
is defined to be any person who goes from house to house or from place to
place in the City of Lodi, selling, soliciti-, or taking orders for, or offer-
ing to sell, or take orders for, goocs, wares or merchandise, or any article
for present or future delivery, or for services to be performed or for the
making, manufacturing or repairing of any article or thing whatsoever.
Each and every person who shall engage in business as a solicitor
within the City of Lodi (except those who sell only to merchants or traders
for resale) shall pay to said City a license tax of Two and SO/lOO Dollars
($2.50) per year.
ANILUL SHOWS --
Subdivision 2. Euery person who conducts or shall con2.uct within the
corporate lilcits of the City of Lodi, an exhibition principally and solely of
dumb animals (except circuses) shall pay a license tax of Twenty-five Dollars
per day,
ASTROLOGERS, CUIRVOYXNTS, m.
Subdivision 3, Every astrologer, seer, fortune teller, hypnotist,
palmist, clairvoyant, mind rezcier, medium or phrenologist who demands or receives
a fee or compensation for his or her seruices either directly or indirectly,
either as a gift, donation, or otherwise, or who gives an exhibition at any
place where an admission fee is charged shall pay a license tax of Two Hundred
Fifty Dollars per quarter year,
s
Providing that no person shall be required to pay any fee or take
out any license for conducting or practicing any religious ceremony or service
when such person holds a certificate of ordination or indorsement as a medium,
healer or clairuoyant from any bona fide church or religious association having
branches or churches in other states and comunities, and which has a creed of
set of religious principles that is recognized by such churches or branches;
provided furt'ner that che fees, gratuities, emoluments and profits thereof shall
be regularly accounted for aid paid solely to or for the benefit of said church
or religious association.
AUCTIONEER
Subdivision 4, Every auctioneer shall pay a license tax of Five
Dollzrs per quarter year.
Subdivision 5. Every person engaged in or keeping any auction store,
bankrupt stock or place of business advertising to dispose of goods, wares or
merchandise, at auction, or selling bankrupt stock, shall pay a license tax
of Two Hundred Dollars per year, and no license therefor shall be issued for
less than one year,
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BILLIARDS BR BOWLING ALJiEXS
Subdivision 6. Every person, who keeps or conducts any billiard or
pool table or bowling alley for the use of patrons shall pay 8 license tax of
Two Dollars per quarter year for each table or bowling alley.
CIRCUSZS hND SIDE Siioi'dS
Subdivision 7, Every person who conducts any circus shall pay a
license tax of $lOO,OO per day and the further sum of Ten Dollars per d2y for
each side show or exhibition for which a separate admission fee is charged.
DANCE PLATFORUS
Subdivision 8. Every person who conducts any dance platform shall
pay the sum of Ten Dollars per quarter year,
lRAVELING I!GRCHBNTS OR X4WKERS
Subdivision 9. Every itinerant merchant, hawker or peddler who vends
goods, wares or merchandise (excejt agricultural of his own production) and
every itinerant merchant, hawker, peddler, vendor, fakir or advertiser viho sells
or advertises goods, wares or merchandies of any kind by music, singing, dzncing,
Juggle ry, tricks, sleight -of -hand, buf f oonery, gymnastics or by spectacular
displays, shows or performances, or by speeches, declamation or oratory, or by
any performance calculated to draw a crowd about the person advertlsing or selling
as aforesaid, shall pay a license tax to said City in the sum of Twenty-five
Dollars per day; and no person, firm or corporztion shall vend any goods, wares
or merchandise of any kind whatever in or upon any public street, alley or side-
walk, doorway or any room or building uninclosod, or vacant lot or vacant parcel
of land, within the business district of said City, which for the purpose of
this ordinance is defined to be that Liortion of the City of Lodi bounded on the
north by Lockeford Street, on the east by Stockton Street, on the south by
Yalnut Street and on the west by Church Street;
Subdivision 10: Any person who conducts a merry-go-round or flying
horse machine shall pay a license tax of Ten Dollars per day.
SI€OOTIT?G GALLERY
Subdivision 11, Every person who conducts a shooting gallery shall
pay a license tax of Five Dollars per qprter year,
TRAVZLING THEaTRICAL SHOWS
a Subdivision 12. Every person who conducts a traveling theatrical
show 2nd shorting either in a tent or other place no€ having a theatre license
shall pay a license tax or Fifty Dollars per week or for any part of a week and
such license shall not be issued for any period less than one week.
C*RN IVhLS
Subdivision 13. Any person who exhibits a collection of shows, games
of skill, mechanical amusement devices or booths for dispensing of food or
refreskents, commonly known or designhted as ucarnivalR shall pay a license ~GX
of One Hundred Dollars per day.
Then any of the above shows are conducted selparetely either as to
location or manazement each shall be individually licensed at the rate of Twenty
Dollars per day.
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TIIBATRE AND .NOTION PICTV'ES ---
Subdivision 14: Every person who shall mainthin any theatre, hall
or other building for theatrical performances, opera sinsing, concert singing,
dancing, fairs, or other public amusements including mot ion pictures shall
pay a license tax of Twenty Dollars per quarter-
CUDS OR DICE ---
Subdivision 15. Every person keeping or conducting a card or dice
game or any business in conjunction with a room or in a room where playing
cards or dice are permitted, shall pay a license tax of Twenty-five Dollars
per quarter year.
RESTBW\!TS AND ROOhiING HOUSES
Subdivision 154, Any person keeping or conducting a restaurant,
grill or public eating house, or a rooming house where three or more rooms
are kept for rent, shall pay a license tax of yj2.50 per year.
TAXICABS
Subdivision 16: A taxicab is hereby defined to be any vehicle
which iil~ly be used within the corporate limits of the City of Lodi for the
purpose of transporting any person or persons from any ?lace in said City
or to any place in said City f3r hire,
Any person who shall engage in the business in said City of Lodi
of driving or operhtine a taxicab shall pay a license tax of Five Dollars per
quarter year.
DES -
Subdivision 17. Any person ownirg, harboring or having the care,
custody or control or possession of my dog within the corporate limits of
the City of Lodi, shall pey to said City an annual license fee of Four Dollars
for each female do(j and an annual license fee of One Dollar for each male dog,
and it shall be unlawful for any peran to own, harbor, or have the care, charge,
custody, control or possession of any dog within the corporate limits of the
Clty of Lodi, unless said dog shall at all times be kept securely enclosed in
a buildin&, pen or inclosure or unless said dog shall at all times be kept
securely tethered.
OTHIB hiZRCHddDISE STOKE
Subdivision 18. Any person, firm or corporation, who or which shall
in the City of Lodi keep or conduct any grocery store, butcher shop, hardware
store, drygoods store, drug store, or other place where Znerchandise is exhibited
for sale and sold or who, by truck, vehicle or otherwise, sell or deliver any
merchandise or lwndry shall pay an annual license tax of Two and SO/lOO Dollars
per year, except as herein otherwise provided,
Section 14, The licenses in this ordinance provided for shall be
issued and accegted with the groviso and understanding that any violation of
any of the provisions of this or of any other ordinance of the City of Lodi or
the permitting of any disturbing noise or disorderly conduct at or in the plzce
where sEid business is conducted shall be proaer and sufficient ground for the
revocation of said license by the City Council of said City, after a hearing
duly had by the licensee before the said City Council at its regular place of
business and upon written notice of at least twenty-four hours to the licensee,
which notice shall specify the reason for which it is proposed to revoke such
license. Such notice shall be sisned by the Chief of Police, City Clerk or any
member of said City Council. The order of said City Council revoking any license
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(when such order shall be duly entered in the minutes of said Council) shll
be constructive notice to the licensee of the cancellation and termination of
such license and such order shall be sufficieilt to cancel and terminate such
license without any further service upon the licensee.
Section 15. Ordinance Number Eighty-two, Ordinance Number One
Hundeed Nineteen of the City of Lodi, and all other ordinances and parts of
ordinances in conflict herewith are hereby repealed.
Section 16, Every person, firm or corporation s'nall have ninety
days after this ordinance shall have gone into effect, within which to apply
for and receive such license and pay such license tax, as above required, and
during such period of ninety days all penal provisions of this ordinance are
hereby waived,
Section 17, Nothing herein contained shall be construed as revoking
any license heretofore issued by said City and any such heretofore issued
license shall remain in full force and effect, at Yne license fee or rzte
charged by said City for the same until the expiration of the term for which
such license was granted, and (as to the holder of such license) all penal
provisions of this ordinance ore hereby waived while such license shall remain
in full force and effect,
Section 18. If any section, sub-section, paragraph, clause, phrase,
word or other part of this ordinance is or shall be declared to be unconstitutional
or invalid for any reason, the remainder of this ordiiiance shall nevertheless be
valid, the City Council of the City of Ladi hereby declaring that it would pass
and adopt each section, sub-section, parzGrz?h, clause, p'maase, word or part of
this ordinance regardless of any other part of this ordinance.
Section 19. This ordinance shall in no way effect or interfere with
inter-state commerce or uith any gerson engaged in the busincss of inter-state
comruerce,
Section 20. Any person or classes of persoils who by any ualid state
or federel law or constitutional provision, now in effect or which may here-
after be in effect in said City of Lodi, are or shall be Exempted from any of
the provisions hereof or from the payment of any license tax hereinabove
mentioned, shall be likewise exempted from the terms and provisions of this
ordinance.
Section 21. No license or license tm shall be required of any
person who may offer for sale or sell, outside of said business district,
any farm produce raised by hirnself or any article manufactured solely by his
own labor-
Section 22. This ordinance shall be published once in The Lodi
News-Sentinel, a newspaper published in the City of Lodi, and shall be in force
and take effect thirty days after its passage, approval and publication.
APPROVED:
Mayor of tile C6ty of Loci.
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The Foregoing Ordinance No. 221 was regularly
introduced in the Cibj Council of the City of
Lodi on bionday the 6th day of April, 1936 and
was thereafter, on the 18th day of 1Jav
1936 finally passed, adopted and ordered to
print by the following vote:
AYES: Councilmen, Weihe, Graff igna, Gpooner and Steele
iiOi3S: Councilnen, Xone
iBSEMT: Councilman, Clwk
City Clerk of the City of Lodi
(SEAL)
DATED: Eay 18th, 1936.
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