HomeMy WebLinkAboutOrdinances - No. 65ORDINANCE N0.65.
An Ordinance Licenshxig for the Purpose of Revenue and
Regulation Every Kind of Lawful Business Herein 'Specified,
Transacted or Carried On within the Corporate Limits of the
City of Lodi,State of California,Fixing the Rate of License
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Tax upon the Same,aAd Providing for the Collection of Said
License Tax and Punishment for the Carrying On of such
Business without a Licen8e,and Repealing Certain Ordinancesr
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The Board of Trustees of the City of Lodi do ordain as follows:
Defining Terms.
Sec.1- The word person 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 assistantsrand every such 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
performance and liable for the non-performance of the acts herein
requireci,until the same have been fully performed according to the
term6 of this ordinance.
The word business as used herein shall be construed and is
hereby intended to cover any trade,occupation,employment,profession,
calling or pursuit of any kind or nature carried on or conducted
in the City of Lodi.
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Words used in this ordinance in tlle 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 and the plural the' singular.
Construct ion. v
Sec.2.- The provisions of this ordinance are to be liberally con-
strued with a view to effect its objects and carry OUD its true
intent.
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Licenses Payable in Advance.
Sec.3.- It shall be unlawful 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,
authorizes the party named therein and none other,at and in the
particular place stated in such license and no other place,to trans-
act or carry on the business described in such license and no other.
A separate license must be procured for each branch establishment
or seaarate house of business located in the City of Lodi. In case
of doubt or in case a business might belong to two or more classes,
the highest rate herein fixed shall be paid. Where two or more
distinct lines of business is carried on under the same management,
nothing herein shall be construed to preclude the taxing of each
line of business separately,if in the judgment of the City Marshal
the cause of justice demands it.
Amount a Debt.
Sec.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 bUSineS6
requiring such license tax,and on the first day of each license ar4
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
jurisdiction,and the Board of Trustees of the City of Lodi shall
direct suit in behalf and in the name of the City of Lodi,as wiaix
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 llcense,or who carries
on or attmPt8 to carry on any business in any form or manner
whatever without such license,and in such case the Marshal or any
member of the Board of Trustees of said city may make the necessary
affidavit for and a writ of attachment may issue without any bond
being given in behalf of the plaintiff.
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Penalty.
Sec25.- Every person who shall 'commence,erigage in or carry on any
business,whether as principal,agent,c,lerk,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,without first
taking out and procuring the license prescribed,or who shall other-
wise violate any provision of this ordinance*shall be deemed guilty
of a misderneanor,and,upon conviction thereof,shall be punished by
a fine not exceeding three hundred dollars or by irflprisoment for
a period not exceeding three months or by both such fine and
imprisonment.
Transfer of License.
Sec.6.- No license issued or granted under any of the provisions
of any ordinance shall be in any mannef assignable or tsansfer$able,
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. The City
Mxmhal shall ,at the time of granting such permission ,immediately
record such change or transfer upon the proper regis,ter.
Evidence of Liability to Pay License.
sec.7.- The fact that a party represented himself as engaged in any
business for the transaction of which a license is required,or that
such party exhibited a sign indicating such business,shall be con-
clusive evidence of the liability of such party to pay for a license.
Lioense To Be Exhibited. (4 Sec.8.-,,Every person having 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. @J Sec.8.- When the license tax in this ordinance provided is per 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
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in advance;when Sileh license tax is per month,the same shall be
due and payable on the first day of each montq, when such license
tax is per quarter,the same shall be due and payable on the first
day of January,April,July and October in advance; and when such Zi
license tax is per year,the same shall be due and payable in advancle
at the time specified in this ordinance,and when no time is specified
the same shall be due and payable on the first day of April in
advance.
in advance
No 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 sold or issued for any period of time other than is pro-
vided in this ordlnance;provided,that,where the person begins
business after the commencement of the license period,the first
license issued may be issued for the fraction of the quarter after
the date of beginning business.
Manner of Procuring License.
Sec.9.- Any person desiring to conduct any business for transaction
of which a license is required shall make application to the City
Clerk for such license,stating in full the nature of the business
for which a license is desir.ed,and giving such further information
as may be required by the Clerk; Etnd the city Clerk may require such
application to be in writing,and to be accompanied by the affidavit
of the applicant for a license. When the license required is based
the
upon the amount of business transacted,the applicant must file with
the City Clerk a sworn statement of the amount of monthly sales for
month immediately preceding the license period for
*?" desired
The City Clerk may,for any reason he may deem
application for a license to the Board of Trustees
their recommendation. If in- his judgment no reason
said license should not be granted,it shall be his
which a license
proper , ref er any
of the City for
exists why the
duty to issue the
license undez this ordinance for each person making such application
and liable to pay a license hereunder,state thP amount of the
license thereon,the time for which the same is issued,the character
and location of the bu ess for which the same is issued,and the cc
name of the person entitled to such license; and said City Clerk
shall sign and deliver said license to the City Marshal for Collect-
ion,charging the Marshal's account with the mount thereof. The City
Clerk,in stating the rate 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 the collection of
the amount that shall be actually due. Whenever the Marshal or Clerk
shall be of the opinion that the statement returned by the person
applying for a license is not a true statement,the Clerk shall report
such opinion to the Board 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
should not be fixed at an amount greater than the statement or
return would indicate the person liable for. Such 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 hearing of such citation,the person rendering the
statement complained of shall produce his books and verify the
statement,the Board of Trustees shall direct the license to be PPX
issued in conformity with the statement fnmlshed; but if the person
applying shall either fail or refuse to verify such statement as
aforesaid,or if it shall develpp~6 that said statement is not a true
statement,the Board shall fix upon an amount to be paid for the
license by said person equal to twice the amount which said Board
of Trustees shall conclude the person woucp be liable for under the
provisions of this ordinance.
Mannes and Place of Paying.
Sec.10.- All licenses must be paid for in advance,in the legal money
of' the United State8,at the office of the City Marsha1,without any
tender of such license or demand for the license money being mad.e.
Duty of Marshal.
Sec.11.- It shall be the duty of the City Marshal to examine all
places of business and persons within the City of Lodi liable to pay
a license tax,see that such licenses are taken out,and to file or
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cause to be filed complaints against all persons Violating any pro-
vision of this ordinance.
The City Marshal shall,on or before the first Monday Of each
month,deliver to the City Clerk all licenses uncollected by him for
the previous month.
Exceptions.
Sec.12.- The provisions of this ordinance shall not be construed
as applying to any exhibition,show or performance given for the
exclusive benefit of any church, school ,benevolent or 6OCial organiz-
ation,or for any charitable purpose by any amateur dramatic assoc-
iation or literary or other society of the City of Lodi.
Gratuitous Licenses.
sec.13.- The City Marshal and the City Clerk may 1ssue.a permit to
any person to keep,conduct or carry on any business for which a
license is required ( except the liquor business ),without the payment
of the license tax,if ,in their judgment ,the misfortunes or physical
infirmities of the applicant,such action on their part,or the inter-
est of the City will be best subserved thereby.
warrant
Rates of License.
Sec.14.- License taxes are hereby levied on the various lines of
business conducted or carried on in the City of Lodi,and any person
engaged in any line of business in the City of Lodi shall pay to
the City Marshal as in this prdinance specified a license tax for
each line of business in the amount hereinafter sgecified,to-wit:
Agents or Solicit-
ors.
Subdivision 1.- Every person who solicits or takes orders for
goods,wares or merchandise,articles or commodities of any
kind (except newspapers and periodicals,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,
regularly kept open with some one in charge thereof for the
transaction of the particular bUSlnBSE engaged in during the
hours customary for the transaction of such business) shall
pay a license tax of $15.00 per quarter year;md no llCenSc3
therefor shall issue for less than a quarter year.
Animal Subdivision 2.-Evtisy person who conducts an exnibition solely
ShOWS of dumb animals (excepting circuses) shall pay a license tax
of #lO.OO per day,
Astrolog- Subdivision 3.- Every astrologer,seer,fortune teller,hypnotist, ers , Clair- voyants, palmist,clairvoyant,mind-reader,spiritualist,spiritu~isti~
&C . medium or phrenologist who demands a fee for his or her services
shall pay a license tax of $5.00 per day,
Auction- Subdivision 4 .-Every resident auctioneer shall pay. a license eer , tax of $8.00 per quarter.Every itinerant auctioneer shall pay
a license tax of $4.00 per day.
Auction Subdivision 5.-Every person engaged in keeping or conducting ~~ ooocls ,or Bankrupt any auction store,bankrupt store or place of business advertised Stock. to dispose of goods,wares or merchandise for original cost or
less,or selling bankrupt stock shall pay a license tax of
$200.00 per year;and no license therefor shall issue for less
than one year.
Billiards,Subdivision 6.-Every person who keeps any billiard or pool or Bowling Alleys. table or bowling alley for the use of patrons shall pay a
license tax of $2.00 per quarter year for each table or alley.
Subdivision 7'.-Every person who conduot s any circus shall
pay a license tax of 825.00 per day,and the further sum of
$2.00 per day for each side show or exhibition for which a
separate admission fee is charged.
Circus and Side Shows.
Dance Subdivision 8.-Every person who conducts any dance platform Plat f om.
Dogs.
shall pay the sum of $95.00 per quarter year,
Subdivision 9.-Every owner 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 $1.00.
Exhib- Subdivision 10.-Every person who conducts any exhibition for itions. which no rate is herein otherwise fixed shall pay a license tax
of $3.00 per day,
Fruit Subdivision 11.-Every person maintaining a fruit shed for the
Sheds , purpose of packing or shipping fruits for the general public
shall pay a license tax of $10.00 per year,
Hotels. Subdivision 12.- Every person who conduts a hotel or tavern
of twenty rooms or more shall pay a license tax of $6.00 per
quaker year; and every person who condqts a hotel or tavern r C
of less than twenty rooms shall pay a license tax of $3.00 per
quater yeam.
Laundry. Subdivision 13.- Every person who conducts any laundry or
canvasses or solicits business for a laundry shall pay a license
tax of &~.oo per quarter year.
Liquor Subdivision 14.- Every person engaged in the hote1,restaurant at Meals or boarding-house business in good faith,who sells,gives away Only. or furnishes to his g guests in connection with their meals
and to be drunk in the dining room when eating their meals
and at no other time or place,any vinous,spirituous,malt or
fermented wine or liquor shall pay a license tax of $10.00
per quarter year; provided that such liquor shall be sold in
bottles containing not less than one pinqand provided further
that such liquor shall be furnished only with hot meals,and
the serving of such liquor with crackers and cheese,cold lunches
or other subterfuges is not authorized by this license and
shall be deemed a violation of this ordinance.
Livery & Subdivision 15.- Every person who conducts a livery or feed Feed. stable or yard shall pay a license oax of $4.00 per quarter
year.
Merchant Subdivision 16.- Every person who,at a fixed place of business
Trader. regularly kept open with some one in charge thereof for the
or
transaction of business during the hours customary for the
transaction of such business,sells any &oods,wares or merchand-
ise,lwnber,building material,hay,barley,or other grains,wood,
coal ,drugs,nedicines,meats, jewelry or precious metals,or any
other commodity or article of sale (except such as is sold by
auctioneers at public sale under license,and except liquor),
whether on oommission or otherwise shall pay a license tax
according to the amount of monthly sales,and at the following
rates per quarter year , t 0-wi t :
First.- For business where the amount of monthly sales is
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$ZO,OOO.OO or over,the amount of $30.00 per quarter year.
Second.- For business where the amount of monthly sales is
$10, 000. 00 and less than $20,000.00, the amount of $21.00 per
quarter .year.
Third.- For bulsiness where the amount of monthly sales is
$5,000.00 and less than #10,000.00,the amount of $12.00 per 4
quarter year.
Fourth.- For business where the amount of monthly sales is
$2,500.00 and less than $5,000.00,the amount of $7.50 per
quarter year.
Fifth.- For business where the amount of monthly? sales Is
$1,000.00
quart ex year.
Sixth.- For business where the amount of monthly sales is
less than #.lrOOO.OO,the amount of $3.00 per quarter year.
and less than $2,500.00,the amount of $4.501 per
Merchant , Subdivision 17 .- Every travelfine; merchant ,hawker or peddler,
Traveling. who vends goods,wares or merchandise of any kind (except ’
agricultural or farm produce of his own production),shall pay
a license tax of $15.00 per quarter year; and every travelging
merchant,hawker,peddler,vendor,street fakir or advertiser,who
sells or advertises goods,wares or merchandise of any kind by
musicrsinging,dancing,jugglery,tricksrsleight-of-hand,buffoonery
gymnastics,or by sgectaoulm displays,shows or performances,
or by speeches,cleclamation or oratory,or by any performances
calculated to draw a crowd of people about the person selling
or advertising as aforesaid,shall pay the sum of $25.00 per day.
Marry-Go- Subdivision 18.- Every person who conducts a merry-go-xound
Round. or flying horse machine shall gay a license tax of $2.00’per
day.
Motor Subdivision 19.- Every person keeping,leasing or lbenting any
Vehicles. motor vehicle for hire shall pay Irkpaa a licenae tax of $3.00
per quarter year.
Patent Subdivision 20.- Every person vending,hawking,peddling,aelling
Medicines. or otherwise disposing of patent medicines or mixtures,or any
mixture or thing for medicinal or curative purposes or usesr
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Real Estate Dealer.
Restaur- ant or Boarding
Saloon.
House.
Shooting
Gal 1 ery .
ShOWS
except such as are sold or disposed of at a fixed place of
busiriess,shall pay a license tax of $25.00 per day.
Subdivision 21.- Every person having a regular established place
of business in the City of Lodi and every individual member Of
any firm,partnership,association or corporation having a
regular established place of business in said city,who,w$thin
said city,sells,offers or solicits for sale or attempts to
sell any real property not his own shall pay a license tsx of
$5.00 per quarter year.
Every person nut having a fixed place of business in said
city,who sell8,offers for sale or attempts to sell any real
property not his own,within said city,shall pay a license tax
of $15.00 per quarter year.
Subdivision 22 .- Every person who conducts a restaurant or
boarding house shall pay a license tax of $3.00 per quarter.
subdivision 23.- Every person who conducts a saloon or other
place where intoxicating liquors,wine or beer are dispensed
in quantities of less than one pint or to be drunk on the
premises where dispensed shall pay a license tax for each
bar or place where the same are dispensed of $150.00 per quarter
year.
Subdivision 24.- Every person who conducts a shooting gallery
shall.pay a license tax of $3.00 per quarter year. theatrical subdivision 25 .- Every person conducting a travel$ing, show Travelding. ’\
and showing either in a tent or other place not having a
theatre license shall pay a lioense tax of $5.00 per day.
Skating Subdivision 26.- Every peason who conducts a skating rink shall Rink. pay a license tax of $20.00 per quarter year;and such license
shall issue for no less time than one quarter year.’
Soda,&c. Subdivision 27.- Every person making and selling soda,mineral
or carbonated water shall pay a license tax of $6.00 per quarter
year.
Theatre & Subdivision 28.- Every person who shall maintain any theatre, Motion Pictures. hall or other building for theatrical perfomnances,opera sing-
ing,ooncert singing,dancing,fairs and other public amusements,
including motion Picture shows,shall pay a license tax of $12.50
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per quarter year.
Wholesale Subdivision 29.- Every person engaged in the business of selling Liquor. or dl spensing 'vinous, splrl t ous ,malt or fermented liquor in the
original packages or in quantities of not less than one quart
and not to be drunk on the premises where dispensed shall pay
a license tax of #30.00 per quarter year.
Subdivision 30.-\Evesy person,who is a manufacturer of wine in
San Joaquin County,and sells his own product exclusively in
quantities of not less than one quart and not to be drunk on
the premises where dlspensed,shall pay a license tax of $1.00
per quarter year.
Wine.
Cards Subdivision 31.- Every person keeping or conducting any business
Dice. in conjunction with a room or in a room where cards or dice or
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 the proviso that any violation of any of the provision~l
of this or of any other ordinance of the City of Lodi or the permitt-
ing 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 Board of Trustees,and the
service on the licensee by the City Marshal of a certified copy of
the order of the Board of Trustees revoking such license shall
terminate the operation of such license.
Sec.16.- The following Ordinances of the City of Lodi are hereby
repealed,to-wit: Ordinance Number Thirteen; Ordinance Number Four-
teen ; Ordinance Number Fifteen ; Ordinanca Nmnber Eighteen ; Ordinance
Number Thirty-one; Ordinance Number Thirty-seven; Ordinance Number
Fif ty-three.
Sec.17.- Ehis ordinance shall take effect and be in force froin and
after the 3lst.day of December,lY12.
SeC.18.- The City Clerk shall certify tcj the passage and approval
of this ordinance and shall cause the same to be published bw being
printed and posted in three public places in the City of Lodi,which
posting shall be done by the City Marshal.
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I hereby sign and approve the foregoing ordinance this
25th day of November ,1912. -
&=&the Board of Trustees of the City of Lodi,California.
~,j.~.~c~ahon.City Clerk of the City 09 LOdivdO hereby
certify that the foregoing Ordinance No.65 was read and introduced
for passage on NOV.18,1912~and was thereafter on Nov.25,1912,duly
and regularly passed and adopted by the following vote:
Ayes: Trustees C.A.Black,F.O.Hale,G.E.Lawrence and C.A.Rich.
Noes: None. Absent: Trustee J.M.BloQett,
And I further certify that said ordinance was approved and
Y the President of the Board of Trustees on said 25th. day
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alifornla.
I JI .R. Coleman, city Marshal of the City of Lodi ,do hereby
certify that on the 2nd. day of December,lBlB,I did post Ordinance
No.65 In three public places in the City of Lodi,to-wit: on the door
of the main entrance of the Municipal Building; in the Post Office
Building on North Sacramento Street; and on the Lodi Hotel Bullding
on South Sacramento Street.
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City Marshal of the City of Lodi.
Subscribed and sworn to before me
this 3rd. day of December.193.2