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HomeMy WebLinkAbout25 - Business Licenses and PenaltiesCITY OF COSTA MESA BUSINESS LICENSE ORDINANCE ORDINANCE NO. 25 INDEX ARTICLE I NEED FOR LICENSE Sect. 1 License Required Sect. 2 Branch Establishments Sect. 3 Concessions Sect. 4 Unlawful Business Sect. 5 When Permit Prez-equisite to License ARTICLE II EXEMFTIONS Sect. 1 Charity Purpose: Non—Profit Activity Sect. 2 Entertainment Proceeds Retained Locally Sect. 3 Receipts to Organization Sect. 4 Feed for Permit Sect. 5 State, Federal Exemptions Sect.. 6 Ex—Service men Sect. 7 Agricultural Products: Sale by Grower Sect. 8 Professional Calls to City Sect. 9 Compliance with Regulations Sect. 10 Transfer of Free License Sect. 11 Interstate Commerce: Affidavit Sect. 12 Contents of Affidavit Sect. 13 Attached Copy of Order Form Sect. 14 Issuance of Free License ARTICLE III APPLICATION FOR LICENSE Sect. 1 Application Prerequisite: Form Sect. 2 Statement for Issuance of First License Sect. 3 Statement for Issuance of Renewal of License Sect. 4 Effect of Statement Sect. 5 Failure to Make Statement Sect. 6 Secrecy of Statements Sect, 7 Custody of Statements ARTICLE IV ISSUANCE OF LICENSE Sect. 1 Duty to Issue License Sect. 2 Effect of Mistake by City Tap Collector Sect, 3 Unpaid Fees as Bar to Further License Sect. 4 Duplicate License: Fee Sect. 5 Transfer of License ARTICLE V LICENSE FEE — HOW AND WHEN PAYABLE Sect. 1 Time, Place, Medium of Payment Sect. 2 License Period Sect, 3 Initial License Period Sect. 4 Prorating of License Fees ARTICLE VI DISPLAY OF LICENSE Sect. 1 Posting and. Exhibiting License ARTICLE VII ENFORCEMENT - PENALTIES - REFUNDS Sect. 1 Duty to Enforce and Investigate Sect. 2 Entry to Inspect: Exhibition of License Sect. 3 Examination of Books, Records Sect. 4 Penalty for Nonpayment of Annual License Sect. 5 Penalty for Nonpayment of Daily License Sect. 6 License a Debt Due City Sect. 7 Conviction for Violating not Waiver of License Sect. 8 Duty to Issue Complaints Sect. 9 Refunds ARTICLE VIII PERMITS Sect. 1 Sect, 2 Sect. 3 ARTICLE IX Permit from City Council Required Discretion to Grant, Refuse, Revoke Businesses Needing Permit from Council LICENSE FEES BASED UPON GROSS RECEIPTS Sect. 1 Manufacturing, Wholesaling Sect. 2 Retail Sales and Other Businesses not Specifically Licensed Sect. 3 Professional, Semi -Professional, Connected Business Sect. 4 Businesses, Occupations with Annual Gross Receipts of $2,000, or Les Sect. 5 Gross Receipts Defined Sect. 6 Wholesale -Retail: Manufacturing - Retail Sect. 7 Apartment House, Bungalow Court, Rooming House - Defined ARTICLE X Sect. 1 Sect. 2 Sect. 3 Sect. 4 - Sect. 5 Sect V b Sect. 7 Sect. 8 Sect. 9 Sect. 10 Sects 11 Sect. 12 Sect. 13 Sect. 14 - Sect. 15 Sect. 16 Sect. 17 Sect. 18 Sect. 19 Sect. 20 Sect. 21 Sect. 22 ARTICLE XI FLAT RATE LICENSE FEES Amount of License to be Paid on Fixed Basis Advertising Amusementsmd Amusement Devices Auctions Barber Shops and Beauty Parlors Boxing and Wrestling Exhibitions Buses and Taxicab; Contractors and Subcontractors Dance Hall and Occasional Dance Dancing School or Academy Detective Agencies and Merchant Police Entertainment Fire Sales, Bankrupt Sales, Close Out Sales Fireworks Itinerant Merchants Junk Dealer or Collector Peddlers Photographers - Transient Tool Sharpener Vehicle Wheel Tax Vending Machines Fees - No Regular Place of Business PENALTY - ENACTMENT CLAUSE Sect. 1 Penalty Provision Sect. 2 Constitutionality Sect. 3 Urgency Measure Sect. 4 Effective Date ORDINANCE N0, 25 AN ORDINANCE OF THE CITY OF COSTA MESA, CALIFORNIA, PROVIDING FOR LICENSING AND REGULATING THE CARRYING ON OF VARIOUS PROFESSIONS, TRADES, CALLINGS, BUSINESSES AND OCCUPATIONS AND PRESCRIBING A PENALTY FOR THE VIOLATION THEREOF. The City Council of the City of Costa Mesa does ordain as follows: ARTICLE I. NEED FOR LICENSE SECTION 1. LICENSE REQUIRED. It shall be unlawful for any person, either for himself or for any other person, to commence, conduct, carry on, or engage in any business in this ordinance specified, in the City of Costa Mesa, without first having procured a license from said City so t*o do, or without complying with any and all regulations of such business contained in this ordinance; and the carrying on of any business without first having procured a license from said City so to do, or without complying with any and all regulations of this ordinance, shall constitute a separate violation of this ordinance for each and every day that such business is so carried on or conducted. SECTION 2. BRANCH ESTABLISHMENTS. A separate license must be obtained for each branch establishment or location of the business engaged in, and each license shall author— ize the licensee to engage only in the business licensed thereby at the location or in the manner designated in such license; provided that warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this ordinance shall not be deemed to be separate places of business or branch establishments. SECTION 3. CONCESSIONS. Every person who operates any business, whether upon a cost, rental or commission basis, as a concession or upon rented floor space in or upon the premises of any person licensed under any provision of this ordinance shall be required to pay the license fee and obtain a separate and independent license certificate pursuant to the appropriate provisions hereof and shall be subject to all the provisions of this ordinance* SECTION 4. UNLAWFUL BUSINESS. The payment of a license fee required by the provi— sions of this ordinance and its acceptance by the City and the issuance of a license to any person shall not entitle the holder thereof to conduct any business in or on any build— ing or premises designated in such license in the event that such building or premises is situated in a locality in which the conduct of such business is in violation of any law, nor to conduct any business for which a permit is required as a prerequisite to the conduct of such business, nor to conduct any illegal or unlawful business. SECTION 5• WHEN PERMIT PREREQUISITE TO LICENSE. No license shall be issued here- under when the provisions of this ordinance or of some other ordinance of the City of Costa Mesa require a permit to be obtained as a prerequisite to engage in or conduct such business, until such permit is first applied for and obtained. Any license issued in violation of the provisions of this section shall be void, ARTICLE II. EXEMPTIONS SECTION 1. CHARITY PURPOSE: NO1;-PROFIT ACTIVITY. The provisions of this ordinance shall not be deemed or construed to require the payment of a license to conduct, manage or carry on any business, occupation or activities or require payment of any license from any institution or organization so conducted, managed or carried on wholly for the benefit of charity purposes or from which profit is not derived, whether directly or indirectly, by any person. SECTION 2, ENTERTAINMENT PROCEEDS RETAINED LOCALLY. No license shall be required for the conducting of any entertainment, concert, exhibition, or lecture on scientific, historical, literary, or religious or moral subjects, whenever the receipts of such enter- tainment, concert, exhibition, or lecture are to be appropriated to any person or school, or to any religious benevolent purpose, within this City. SECTION 3. RECEIPTS TO ORGANIZATION. No license shall be required for the conduct- ing of any entertainment, dance, concert, exhibition or lecture by any religious, charitable fraternal, educational, military, state, county or municipal organization or association, whenever the receipts of any such entertainment, dance, concert, exhibition or lecture are to be appropriated for the purpose and objects for which said association or organi- zation was formed and from which profit is not derived, either directly or indirectly, by any person. SECTION 4, NEED FOR PERMIT. Nothing contained in this Article shall be deemed to exempt any such association or organization from complying with the provisions of any ordinance of this City requiring such institution or organization to obtain a permit from the Council or proper officers to conduct, manage, or carry on any such entertainment, concert, exhibition, lecture, dance or any business. SECTION 5. STATE, FEDERAL EXEMPTIONS. Nothing in this ordinance contained shall be deemed or construed as applying to any person managing or carrying on, or engaging in, any business or occupation exempt from taxation by municipal corporations under the laws and -2- constitution of the State of California, and the laws and constitution of the United States. SECTION 6, EX -SERVICEMEN. The provisions of this ordinance shall not be deemed or construed to require the payment of a license by any honorably discharged soldiers sailor or marine of the United States for peddling or hawking any goods, wares, or merchan- dise permitted by law and exempted from license tax by virtue of the laws of the State of California, who exhibits his authenticated discharge papers. SECTION 7. AGRICULTURAL PRODUCTS: SALE BY GROWER. The provisions of this ordi- nance shall not be deemed or construed to require the payment of a license by any person peddling, exclusively, any fruits or vegetables or any other products raised upon his lands; provided, however, that such person shall furnish conclusive proof to the City Tax Collector that such products were raised by him upon his lands before the issuance of license exempt from feet and any person so peddling shall carry such license with him. SECTION 8. PROFESSIONAL CALLS TO CITY. The provisions of this ordinance shall not be deemed or construed to require the payment of a license by any doctor, lawyer, architect, or other professional person not having a fixed place of business within this City, who is called upon to come to this City.te render service. SECTION 9. COMPLIANCE WITH REGULATIONS. Nothing in the foregoing sections of this Article shall exempt any person from complying with any of the regulations, measures or provisio s of thisordinance save and except the payment of license fees required hereby, ( • p �� /.I 1, 0,4.,0 /.s9, .4War7,d ,/%, ti It-, SECTION 10. TRANSFER OF FREE LICENSE. Any license exempt of fee under the provi- sions of this ordinance is nontz ansf-erable. SECTION 11, INTERSTATE COMMERCE: AFFIDAVIT. Every peddler, solicitor or other person claiming to be entitled to exemption from the payment of any license provided for in this ordinance upon the ground that such license casts a burden upon his rights to engage in commerce with foreign nations or with the several states, or conflicts with the regulation of the United States Congress respecting interstate commerce, shall file a verified statement with the City Tax Collector disclosing the interests or other character of his business entitling such exemption. SECTION 12. CONTENTS OF AFFIDAVIT. Such statement shall state the name and loca- tion of the company or firm for which the orders are to be solicited or secured, the name of the nearest local or state manager, if any, and his address, the kind of goods, wares or merchandise to be delivered, the place from which the same are to be shipped or forward- ed, the method of soliciting or taking orders, the location of any warehouse, factory or plant within the State of California, the method of delivery, the name (and location of the residence) of the applicant, and any other facts necessary to establish such claim of exemption. --11�— SECTION 13. ATTACHED COPY OF ORDER FORMi A copy of the order blank, contract form, or other papers used by such person in taking orders, shall be attached to the affidavit, for the information of the City Tax Collector. SECTION 14. ISSUANCE OF FREE LICENSE. If it appears that applicant is entitled to such exemption, the City Tax Collector shall forthwith issue a free license. ARTICLE III. APPLICATION FOR LICENSE. SECTION 1, APPLICATION PREREQUISITE: FORM. Before any license is issued to any person, such person shall make written application therefor to the City Tax Collector upon a form to be provided by the City Tax Collector. SECTION 2. STATEMENT FOR ISSUANCE OF FIRST LICENSE. Upon a person making appli- cation for the first license to be issued hereunder or for a newly established business, he shall furnish to the City Tax Collector, for his guidance in ascertaining the amount of license to be paid by the applicant, a written statement,upon a form provided by the City Tax Collector, setting forth such information as may be therein required and as may be necessary to properly determine the amount of the license to be paid by the applicant. If the amount of the license to be paid by the applicant is based upon the gross receipts of his business, he shall estimate the gross receipts of his business for the period to be covered by the license to be issued. Such estimate, if accepted by the City Tax Collector as reasonable, shall be used in determining the amount of license fee to be paid by the applicant; provided, however, the amount of the license so determined shall be tentative only, and such person shall, within thirty days after the expiration of the period for which such license was issued, furnish the City Tax Collector with a statement showing the particular bracket of the schedule within which his gross receipts fell during the period of such license, and the license for such period shall be finally ascertained and paid in the manner provided by this ordinance for the ascertaining and paying of renewal licenses for other businesses, after deducting from the payment found to be due the amount paid at the time such first license was issued. SECTION 3. STATEMENT FOR ISSUANCE OF RENEWAL OF LICENSE. In all cases, the appli- cant for the renewal of an expired license shall render to the City Tax Collector, for his guidance in ascertaining the amount of the license to be paid by the applicant, a written statement,upon a form to be provided by the City Tax Collector, setting forth such information concerning the applicant's business during the preceding year as may be required by the City Tax Collector to enable him to ascertain the amount of the license fee to be paid by said applicant pursuant to the provisions of this ordinance; provided that such written statement rendered for the purpose of determining the amount of license due based upon gross receipts need not state the exact gross receipts of the applicant, but shall state that the gross receipts of the applicant during the year next preceding the period for which the license is sought were between a certain maximum and minimum according to the schedule set forth in this ordinance applicable to such applicant. SECTION 4. EFFECT OF STATSKENT, No such statement shall be conclusive upon the City, or upon any officers thereofl as to the matters therein set forth; and the same shall not prejudibe the right of the City to recover any amount that may be ascertained to be due from such person in addition to the amount shown by such statement to be due, in case such statement shall be found to be inoorrect. SECTION 5, FAILURE TO MAKE STATEMENT. If any person hereby required to make such statement shall fail so to do, such person shall be required to pay a license at the maxi— mum rate herein prescribed for the business carried on by such person, and shall be guilty of a violation of this ordinances and shall be punishable therefor as herein provided. SECTION 6. SECRECY OF STATEMEN'T'S. All statements filed pursuant to the provisions of this Article shall be deemed confidential in character, and shall not be subject to public inspection. SECTION 7. CUSTODY OF STATEMENTS. It shall be the duty of the City Tax Collector to so keep and preserve said statements that the contents thereof shall not become known except to the City Tax Collector and his deputies authorized to administer this ordinance. ARTICLE IV. ISSUANCE OF LICENSE SECTION 1. DUTY TO ISSUE LICENSE. Upon application therefor as herein provided, and when the applicant shall have tendered the license fee as hereinafter provided, it shall be the duty of the City Tax Collector to prepare and issue a license hereunder and to state upon the face of each license receipt the following: (1) the person to whom the same is issued; (2) the kind of business thereby licensed; (3) the amount paid therefo- (4) the location of such business; (5) the date of expiration of such license. Each license issued shall be countersigned by the City Tax Collector. SECTION 2. EFFECT OF MISTAKE BY CITY TAX COLLECTOR. In no case shall any mistake of the City Tax Collector in stating the amount of a license prevent or prejudice the c9llection by the City of what should be actually due from any person carrying on a busi— ness subject to a license under the provisions of this ordinance. SECTION 3. UNPAID FEES AS BAR TO FURTHER LICENSE. No license for any succeeding, current or unexpired license period shall knowingly be issued to any person who, at the time of making application for any license, is indebted to the City for any unpaid license fee. SECTION 4. DUPLICATE LICENSE: FEE. Duplicate license may be issued by the City Tax Collector to replace any license previously issued which has been lost or destroyed -5- upon applicant therefor filing an affidavit attesting to such fact and, at the time of filing such affidavit, paying to the City Tax Collector a fee of $1.00 therefor. SECTION 5. TRANSFER OF LICENSE. No license issued under any provisions of this ordinance shall be transferred or assigned or authorize any person other than the person named in the license to carry on the business therein named, except that, with the written consent of the City Tax Collector endorsed thereon, a license may be transferred to another location. The person applying for such transfer to a new location shall pay to the City Tax Collector $1.00 for each such transfer. ARTICLE V. LICENSE FEE — HOW AIM WHEN PAYABLE SECTION 1. TIME, PLACE, MEDIUM OF PAYMENT. All license fees shall be paid in advance in lawful money of the United States at the Office of the City Tax Collector, SECTION 2, LICENSE PERIOD. Except as herein otherwise provided, all licenses required hereunder shall be for terms and shall be due and payable as follows: (a) The term of annual licenses shall be one year, beginning July 1 of each year. (b) All license fees shall be due and payable on the first day of the license term for which the license is required. Daily licenses shall be due and payable each day in advance. SECTION 3. INITIAL LICENSE PERIOD. The first license fee payable under this ordinance shall be for the period of October 1, 1953, to and including June 30, 1954. SECTION 4, PRORATING OF LICENSE FEES. No greater or lesser amount of money shall be charged or received for any license hereunder than is specified therefor in this ordinance, and, except as hereinafter provided, no license shall be granted or issued for any period of time other than the full then current license period provided herein for such license. It is provided, however, that in cases where a portion of an annual license period has elapsed prior to the time application is made for a license, the amount of the fee payable shall, in such cases, be apportioned on a quarterly basis, and the applicant for license shall pay the full license fee, or three quarters, two quarters, or one quarter, as the case may be, of the total license fee. ARTICLE VI. DISPLAY OF LICENSE SECTION 1, POSTING AND EXHIBITING LICENSE. Except as otherwise specifically provided by the provisions of this ordinance, all licenses must be kept and posted in the following manner: (a) Subject to other provisions of this Article, any licensee engaged in business in the City of Costa Mesa at a fixed place of business shall keep the license certificate issued posted in a conspicuous place upon the premises where such business is conducted. (b) Any person engaged in business in the City of Costa Mesa, but not operating 20 from a fixed place of business, shall keep the license certificate issued to him upon his person at all times while engaging in such business. (c) Every person driving, operating or having control of any vehicle or other means or instrumentality for which a license is required under the provisions of this ordinance shall have the license certificate issued for the particular vehicle, means or instrumentality firmly fixed thereto in a place readily accessible and so located on the vehicle, means or instrumentality that the same is plainly visible at all times. Except as otherwise in this ordinance specifically provided, the provisions of this section relating to vehicular licenses shall not apply to vehicles or instrumentali- ties used by a licensee who has paid a license fee under any other provision of this ordinance for conducting a business in connection with which vehicles or instrumentalities are required for delivery service as an incident to said main business. ARTICLE VII. ENFORCEMENT - PENALTIES - REFUNDS SECTION 1. DUTY TO ENFORCE AND INVESTIGATE. The City Tax Collector, his deputies and all police officers of this City are hereby appointed inspectors of licenses; and, in addition to their several duties, they are hereby authorized to investigate all places of business and all persons engaged in or carrying on any business in this City; and they are hereby directed to enforce each and all of the provisions of this ordinance. SECTION 2, ENTRY TO INSPECT: EXHIBITION OF LICENSE. The City Tax Collector, in the exercise of the duties imposed upon him hereunder, and acting through his deputies or duly authorized assistants, and any police officer shall have the power and authority to enter free of charge at any time any place of business for which a license is required and@r this ordinance and to demand the exhibition of such license for the current term by any person in charge of such place of business; and if such person shall then and there fail to exhibit such license upon demand, then the person carrying on or engaging in such business shall be liable to the penalty provided for the violation of any of the provisions of this ordinance. SECTION 3. EXAMINATION OF BOOKS, RECORDS. The City Tax Collector and his deputies and duly authorized employees shall have the power to examine all necessary books and records of all persons doing business in the City and required to be licensed by the terms of this ordinance for the purpose of ascertaining the amount of license fee required to be paid by the provisions hereof. SECTION 4. PENALTY FOR NONPAYMENT OF ANNUAL LICENSE. Every annual license which is not paid within a period of thirty days from the time the same becomes due and payable is hereby declared to be delinquent, and the City Tax Collector shall thereupon add to said license and collect a penalty of ten percent of the license so delinquent; if such _7 license is not paid within sixty days from the time such license becomes due and payable, an additional sum of fifteen percent shall be added to such license and collected as a penalty. SECTION 5. PENALTY FOR NONPAYMENT OF DAILY LICENSE. Every daily license which is not paid at the close of business on the day when the same was due and payable is hereby declared to be delinquent, and the City Tax Collector shall thereupon add to said license and collect a penalty of ten percent of said license so delinquent; if such license is not paid within ten days from the time such license becomes due and payable, an additional sum of fifteen percent of said license shall be added to said license and collected as a penalty. SECTION 6, LICENSE A DEBT DUE CITY. The amount of any license fee and penalty imposed by the provisions of this ordinance shall be deemed a debt to the City of Costa Mesa, and any person carrying on any business without first having procured a license from said City so to do shall be liable to an action in the name of said City in any court of competent jurisdiction for the amount of license and penalties imposed on such business. SECTION 7. CONVICTION FOR VIOLATING NOT WAIVER OF LICENSE. The conviction and punishment of any person for transacting any business without a license shall not excuse or exempt such person from the payment of any license due or unpaid at the time of such conviction, and nothing herein shall prevent a criminal prosecution for any violation of the provisions of this ordinance. SECTION 8, DUTY TO ISSUE COMPLAINTS. The City Tax Collector and his deputies may, and it shall be the duty of police officers to, cause complaints to be issued against all persons violating any of the provisions of this ordinance. SECTION 9. REFUNDS. On order of the City Council, any license fees or penalties, or portion thereof, may be refunded if they were: (a) Paid more than once; (b) Erroneously or illegally collected; (c) Paid in an amount in excess of the correct amount due; (d) Issued for a business which becomes prohibited or illegal under some law. In such case, the amount to be refunded shall be prorated on the basis of the proportion which the number of days remaining in the license period for which the license fee was paid bears to the number of days in the whole period. Any person entitled to a refund of any such fees shall file a verified application therefor with the Council. Such application may be made only by the person who made the payment, his guardian, executor, administrator or heir. Refund shall not be made to an assignee of the applicant. No person shall be entitled to any such refund of license fees unless application is made within six (6) months from the date such license fees were paid or the fees became refundable under Subdivision (d) above, and the failure to file such application within the time prescribed above shall bar any right of recovery. No refund of license fees shall be made where the license was issued under a misrepresentation of fact by applicant and such applicant actually engaged in the conduct of the business for which the license was granted. In all cases, the correct amount due for a license shall be paid before any refund is made. ARTICLE VIII. PERMITS ,S:;CTION 1. PERMIT FROM CITY COUNCIL REQUIRED. No license shall be issued for the conducting of any of the businesses hereinafter enumerated until a permit shall have been first obtained from the City Council granting to the applicant the right to so conduct said business. SECTION 2, DISCRETION TO GRANT, REFUSE, REVOKE. The Council shall have the right to grant, refuse or revoke any such permit at its own discretion. SECTION 3. BUSINESSES NEEDING PERMIT FROM COUIZIL. The businesses for which a permit from the Council is required are as follows: All those businesses which are listed or designated in Sections 2, 3, 49 6, 7, 9, 11, 12, 13, 15, 16, 17, 18, and 19 of Article X. ARTICLE IX. LICENSE FEES BASED UPON GROSS RECEIPTS SECTION 1, MANUFACTURING, WHOLESALING. Every person conducting, managing or carry- ing on a business at wholesale, and every person engaged in conducting, managing or carry- ing on a manufacturing business not otherwise specifically licensed by any other provisions of this ordinance, shall pay an annual license fee based upon the annual gross receipts of such business according to the following schedules: Less than $15,000------------ - - - - - -- $12.00 per year $15,000 and less than $50,000 - - - - - - - - $21.00 per year $50,000 and over - - - - - - - - - - - - - - $36.00 per year SECTION 2, RETAIL SALES AND OTHER BUSINESSES NOT SPECIFICALLY LICENSED. Every person conducting, managing or carrying on any retail business or conducting, managing or carrying on the business of selling goods, wares and merchandise or any article or thing of value at retail and not otherwise specifically licensed by this ordinance, and every person conducting, managing or carrying on any business that is not specifically licensed by this ordinance, shall pay an annual license fee based upon the annual gross receipts of this business according to the following schedules: Less than $ 8,000------ ----------- $12.00 per year $ 8,000 and less than $50,000 - - - - - - - - $21.00 per year $50,000 and over - - - - - - - - - - - - - - $36.00 per year SECTION 3. PROFESSIONAL, SEMI-PROFESSIONAL, CONNECTED BUSINESS. Every person conducting, managing or carrying on any business hereinafter in this section enumerated, or any combination thereof, shall pay an annual license fee based upon the annual gross receipts of such business according to the following schedule: Less than $ 6,000------------------- $12.00 per year $ 6,000 and less than $10,000 - - - - - - - - $24.00 per year $10,000 and over - - - - - - - - - - - - - - $36.00 per year The businesses referred to are the following: Accountant Advertising Counselor Appraiser Architect Artist Assayor Attorney at Law Auditor Bacteriologist Certified Public Accountant Chemist Chiropodist Chiropractor Collection Agency Dental Laboratory Dentist Designer or Decorator Draftsman Drugless Practitioner Electrologist Engineer Civil Engineer Chemical Engineer Engineer '{Continued) Consulting Engineer Electrical Engineer Hydraulic Engineer Industrial Engineer Mining Engineer Engraver Geologist Illustrator or Show Card Writer Insurance Adjuster or Claims Adjuster Insurance Broker Landscape Gardener or Landscape Architect Medical Laboratory Occulist Optician Optomotrist Osteopath Physician Real Estate Broker Real Estate Salesman Surgeon Surveyor Taxidermist Veterinarian Nothing in this section contained shall be deemed or construed as applying to any person engaged in any of the professions or occupations hereinbefore enumerated solely as an employee of any other person conducting, managing or carrying on any such business in the City of Costa Mesa. SECTION 4, BUSINESSES, OCCUPATIONS WITH ANNUAL GROSS RECEIPTS OF $2,000.00, OR LESS. Every person conducting, managing or carrying on any business, occupation or calling, with a fixed place of business in the City, whose annual gross receipts from such business, occupation or calling are $2,000.00, or less, shall pay an annual license fee of $5.00; provided, however, that this section shall not apply to any business, trade, calling, occupation, show, exhibition or game specifically set forth in Article X of this ordinance. SECTION 5. GROSS RECEIPTS DEFINED. "Gross Receipts" means the gross receipts of the calendar year preceding the beginning of the annual license period and is defined as follows: -10- The total amount of the sales price of all sales, total amount charged or received for the performance of any act, service or employment of whatever nature it may be, whether such service, act or employment is done as a part of, or in connection with the sale of materials, commodities, goods, wares, merchandise, or not, for which a charge is made or credit allowed, including all receipts, cash, credits and property of any kind or nature, any amount for which credit is allowed by the seller to the purchaser without any deduction therefrom on account of the cost of the property sold, the cost of the materials used, labor or service costs, interest paid or payable, losses or other expenses whatsoever; provided that cash discounts allowed or taken on sales shall not be included; and this ordinance shall not be construed to impose any tax upon any business or transaction which the City of Costa Mesa is not authorized to license or tax under mly law of the.State of California, or of the United States. Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser, and such part of the sales price of any property previously sold and returned by the purchaser to the seller by way of cash or credit allowances given, or taken as part payment on any property so accepted for resale, shall be deducted for the purpose of determining the gross receipts hereunder. SECTION 6. WHOLESALE• -RETAIL: MANUFACTURING — RETAIL. Every person engaged in both a wholesale and retail business on the same premises, or both a manufacturing and retail business on the same premises, shall be deemed to be a retailer if over one half of his gross receipts is derived from his retail business. SECTION 7, APARTMENT HOUSE, BUNGALOW COURT, ROOMING HOUSE — DEFINED. (a) "Apartment House" is defined to mean a house where there are three or more apartments under one roof for rent. (b) "Bungalow Court" means detached, one—story, one or two family dwellings, consisting of three or more rental units, owned by the same party and contiguous to each other, situated upon a single lot or parcel of land or subdivision, or one or more lots or parcels of land, (c) "Rooming House", "Boarding and Rooming House","Lodging House" are defined to mean a house where there are three or more rooms for rent. ARTICLE X. FLAT RATE LICENSE FEES SECTION 1. AMOUNT OF LICENSE TO BE PAID ON FIXED BASIS. The amounts necessary to be paid and the rates of licenses for the businesses hereinafter named shall be and the same are hereby fixed and established upon a flat fee basis; and the same shall be paid by the persons engaged in such businesses as hereinafter follows: —11— SECTION 2. ADVERTISING (a) BY MEANS OF PERMANENTLY CONSTRUCTED BILLBOARDS, $100.00 per year per panel. The provisions of this subsection shall not require a license from any person maintaining a regular place of business Athin the City and advertising his own merchandise by a sign or billboard located on or attached to his own building; and no license shall be required under this subsection from the owners of real estate or their agents in adver— tising their property for sale or lease by means of billboards located upon the property advertised for sale or lease. (b) BY BILL POSTING OR SIGNING ON OTHER THAN PERMANENT BILLBOARDS, BY HANGING OR OTHERWISE DISPLAYING SIGNS OTT BUSSES, POSTS, BUILDINGS OR OTHER STRUCTURE, $10.00 per day per person. (c) BY MEANS OF HAND BILLS, DODGERS, STICKERS, ADVERTISING SAMPLES, ETC., $10.00 per day per person. No license shall be required under this subsection from any person maintaining a regular place of business within the City and advertising his own merchandise. (d) BY MEANS OF A SOUND DEVICE MOUNTED ON A VEHICLE, $10.00 per day per vehicle. SECTION 3. AMUSEMENTS AND AMUSEMENT DEVICES. (a) AMUSEMENT MACHINE OR GAME MACHINE. For every machine, including the renting, leasing or maintaining thereof, for one such machine, $300.00 per year; for the second machine,$250.00 per year; for the third machine, $200.00 per year; for the fourth machine, $100.00 per year; and for each additional machine, $50.00 per year. Provided further that the minimum license fee shall be $1,000.00 per year. ItAmusement Machine" or "Game Machine" includes any sport or pastime played or operated with cards, dice, balls, checkers, counters, quoits, beans, spindles, tables, wheels or any other device, contrivance or apparatus, or any combination of any thereof, which machine or games are operated by inserting therein a coin or by the payment of a valuable consideration. (b) ARCADE, $100.00 per year, or fraction thereof. For the purpose of this subsection, an Arcade is defined to be one general enclos— ure in which is conducted the business of operating or exhibiting any photograph, grama- phone, kinetoscope, biograph, projectoscope or any other instrument or machine of like character, or exhibiting, showing or letting the use of any microscope, lung tester, muscle tester, galvanic battery, weighing machine or similar machine of like character, or letting the use of coin machines, simulating the playing of soccer, baseball, basketball, boxing and similar games. —12— (c) CARNIVAL, $50.00 per day, and an additional fee of $10.00 per day for each of the first five separate shows, attractions, or exhibitions carried on by such carnival. For the purpose of this ordinance, the word "Carnival" shall be held to mean and include any group of attractions, such as ball games, dice games, faaks, whips, ferris wheels, or other riding devices, dancing shows, minstrels, or any other like entertain- ment or game for which a charge is made for playing or participating therein. (d) CIRCUS, $100.00 per day, and an additional fee of $10.00 for every side show, provided that the maximum license fee for such side shows shall be $100.00 per day. (e) CIRCUS PROCESSION OR PARADE, $50.00 per day, where such circus is conducted outside the City of Costa Mesa. (f) GOLF DRIVING RANGE, MINIATURE GOLF, OR ARCHERY, $18.00 per year. (g) MUSIC AND/OR SOUND MACHINES: JUKE BOXES, $20.00 per year for each such machine, plus $1.00 per year for each remote control device. (h) RIDES AND SIMILAR CONCESSIONS, $5.00 per day, except that any ride or concession with a fixed place of business in the City for a period of ninety (90) days or more shall be $18.00 per year. (i) SHOWS AND EXHIBITIONS, $25.00 per day for each show or exhibition, including side show, mystery, illusion, street, telescope, animal, bird, minstrel, etc. SECTION 4. AUCTIONS. $25.00 per day, or $100.00 per year. SECTION 5. BARBER SHOPS AND BEAUTY PARLORS. $18.00 per year for the first two (2) chairs, and $6.00 per year for each addition- al chair; provided, however, that the maximum license shall be $36.00 per year. SECTION 6. BOXING AND WRESTLING EXHIBITIONS. $25.00 per day. SECTION 7. BUSES AND TAXICABS. $25.00 per year for each vehicle. SECTION 8, CONTRACTORS AND SUBCONTRACTORS. (a) The definitions of the terms of "contractor" and "sub -contractor" and 11special ty contractor" as used in this ordinance shall be the same definitions as found in the California Contractor's License Law. (b) Every person, firm or corporation conducting, managing or carrying on the business of constructing, repairing, or adding to any houses, buildings or structures, or bidding or submitting a bid therefor, as a general contractor, or who is licensed by the State of California as a general contractor, $36.00 per year, or fraction thereof. (c) Every person, firm or corporation conducting, managing or carrying on the -13- business of electric wiring contractor, engaged in the business of installing electric wires and electric lighting or heating fixtures, or constituting a master electrician within the meaning of the electric code of the City of Costa Mesa, or bidding or submitt- ing a bid on any electric work, $36.00 per year, or fraction thereof. (d) Every person, firm or corporation, conducting, managing or carrying on the business of plumbing, lathing, or plastering, cement, concrete, or brick work, as a contractor+ or bidding or submitting a bid on any plumbing, lathing, or plasteringo cement, concrete, or brick work, $36.00 per year. (e) Every person, firm, or corporation, conducting, managing, or carrying on any other line of contract business not herein mentioned, including all subcontractors, and specialty contractors, $25.00 per year, or fraction thereof. SECTION 9. DANCE HALL AND OCCASIONAL DANCE. (a) PUBLIC DANCE HALL, $100.00 per year. (b) OCCASIONAL DANCE, $5.00 per day. SECTION 10. DANCING SCHOOL OR ACADEMY, $36.00 per year. SECTION 11. DETECTIVE AGEYCIES AND MERCHANT POLICE. (a) Every person engaged in, managing, operating or carrying on the business of private investigation for hire or reward or of supplying information as to the personal character, actions or identity, business or occupation of any person shall pay a license tax of One Hundred ($100.00) Dollars per year payable annually. (b) Every person engaged in, managing, operating or carrying on the business of private policing or guarding of private places of business or recreation shall pay a license tax of One Hundred ($100.00) Dollars per year payable annually. (i) For the purpose of this ordinance, the term "person" shall mean and include every person, firm or corporation owning or controlling any detective agency, private policing agency or business. (ii) It shall be unlawful for any person to operate, manage, conduct, or engage in, or cause to be operated, managed, conducted or engaged in, any detective agency, private policing agency or business, unless such person has obtained a permit and a license so to do as herein provided, and such permit and sach license are in full effect. (iii) Any person desiring; to obtain the permit required by Section (ii) hereof shall make written application therefor to the City Council. Each such application shall be accompanied by the license fee as is hereinabove provided for, shall be in writing and shall state such facts as may be required by the City Council to show the good charac— ter, competency and integrity of the applicant and shall set forth the name, age and —14— business address and residence of the applicant, if a natural person; or, if a corporation, its name, date and p1sce of incor;?oration, address of its principal place of business, and the name of its principal officers, together with their respective addresses; or,if a partnership association or unincorporated company, the names of the partners or of the persons composing the association or company, with the place of business and residence of each such partner or person. (iv) Upon receipt of any such application referred to in Section (iii) hereof, the City Council shall make investigation, and mai* thereafter grant the permit if it shall find: (1) That the applicant has complied with all the terms and conditions of this ordinance, and integrity. (2) That the applicant is honest and of good character, competency and (v) The license fee above mentioned shall accompany the application for permit, and in the event such application be not granted, such fees so paid shall be refunded, after first deducting therefrom all costs sustained by the City Council in acting on such application. Any license granted pursuant to this ordinance shall be non—transferable. (vi) Any permit granted to any person for the operation of a detective agency or business issued under this ordinance may be revoked or suspended by the City Council for any violation of the provisions of this ordinance by the holder of such permit or for the existency of any state of facts which would have been a good reason for denying such permit when applied for, whether such state of facts existed at the time the appli— cation was made for said permit, or not. In the event that the City Council should receive information tending to show that the holder of such permit had committed an act or acts which would be grounds for revocation or suspension of the permit, the City Council shall fix a time and place for hearing of such facts, it there directing the City Clerk to give the holder of said permit notice of such time and place of hearing, together with a statement of the charges against him, which notice shall be served by the City Clerk upon the holder of the permit at least ten days previous to such hearing. Such notice may be sent to the address given in the application for permit by registered United States mail, postage prepaid. At such hearing, the holder of the permit shall have the right to present witnesses in his own behalf and may be represented by an attorney. ive. The findings of the City Council upon said hearing shall be final and conclus— �15-- (vii) When any permit is granted hereunder, the City Clerk shall issue the grantee thereof a certificate thereof, giving the name and address of said grantee, the nature of the permit granted and the date the same was granted. All permits granted under the provisions of this Section shall expire at the end of the fiscal year in which the same are granted. SECTION 12. E TTERTAINi MI qT. Concerts, Lectures, Motion Pictures, Basketball Games, Theatrical Performances, Vaudeville Performance, or any similar type of entertainment not otherwise specifically licensed hereunder, where an admission fee is charged, a sum equal to ten cents (10¢) per seat per year. SECTION 13. FIRE SALES, BANKRUPT SALES, CLOSE OUT SALES,. $50.00 per year or fraction thereof. SECTION 14, FIREWORKS. Selling fireworks at retail, $36.00 per year, or fraction thereof. SECTION 15. ITINERANT MERCHANTS. (a) Itinerant Merchant, $10.00 per dey. (b) The words "Itinerant Merchant" shall be construed to mean and include all persons, both principal and agent, who engage in a temporary or transient business in the City selling goods, wares, or merchandise with the intention of continuing said business in the City for a period of nd more than 120 days, and who, for the purpose of carrying on such business, hires, leases, or occupies any room, building, or structure for the exhibition or sale of such goods, wares, or merchandise. (c) The provisions of this section shall not apply to commercial travelers, or selling agents, selling their goods to dealers,whether selling for present or future delivery, by sample or otherwise. SECTION 16, JUNK DEALER OR COLLECTOR. (a) JUNK COLLECTOR, $36.00 per year, or fraction thereof, for each vehicle used in such business. (b) JUNK DEALER, $100.00 per year, or fraction thereof. A "Junk Dealer" is defined to mean any person having a fixed place of business within the City, who buys or sells,either at wholesale or retail, any old rags, sacks, bottles, cans, papers, metals, or other articles of junk. SECTION 17. PEDDLERS. (a) SELLING AT RETAIL, ,;10.00 per day. (b) SELLING AT WHOLESALE, to. retail dealers for the purpose of resale, $5.00 per day. —16— (c) For the purpose of this ordinance, a Peddler is defined to be and include every person not having a fixed place of business in the City, who travels from place to place, or has a stand upon any public street, alley or other public place, doorway of any room or building, unenclosed, or vacant lot, who sells or offers for sale any goods, wares or merchandise in his possession. SECTION 18. PHOTOGRAPHERS - TRANSIENT. (a) Photographing, soliciting or taking orders for photographs, or photographic work, or selling or giving coupons for photographic work, and having no fixed place of business within the City, $100.00 per year, or fraction thereofo per person. (b) This section shall not apply to any person who performs in the City only for the purpose of taking school pictures, provided the school authorities have given their consent thereto. SECTION 19. TOOL SHARPENER. (a) Traveling from house to house or place to place for the purpose of grinding or sharpening scissors, knives, cutlery or mechanical tools, and not having a fixed place of business within the City of Costa H esa. (i) When operating on foot, $10.00 per year, or fraction thereof. (ii) When operating by any vehicle, $12.00 per year, or fraction thereof. SECTION 20. VEHICLE WHEEL TAX. (a) VEHICLE WHEEL TAX - FOODS. Every person engaged in, managing, conducting or carrying on the business of selling at retail or to the ultimate consumer, or to persons, firms or corporations not regularly engaged in or carrying on such lines of business, from trucks or other vehicles, meats, game, poultry, fish, honey, cheese, coffee, pickles, fruits, vegetables, groceries, bread, crackers, cake, pies, bakery goods, ice cream, frozen malts, frozen confections, or other products not specified in any other section of this ordnancej and operating from other than a fixed place of business in the business or industrial zone, and which business is not upon the tax rolls of this City, shall pay a license tax of Forty Eight ($43.00) Dollars per year, provided no more than one vehicle is used in said business in this City, and for each additional vehicle so used shall pay the additional sum of Tw-cnty-Four (.$24.00) Dollars per year. (b) MILK ROUTE FROM OUTLYING SOURCE. Every person engaged in, managing, conduct - Ing or carrying on the business of selling or delivering at retail or to the ultimate consumer, or to any person, firm or corporation not regularly engaged in or carrying on such line of business, milk, cream or dairy products, and operated from other than a fixed place of business in the business or industrial zone and which business is not upon the tax rolls of this City, shall pay a license tax of Twenty -Five ($25.00) Dollars --17— per year per vehicle. (c) VEHICLE WHEEL TAX - LAUNDRIES, DRY CLEANING. Every person engaged in opera- ting, managing, or conductihp a laundry, or cleaning, sponging, pressing, or dry-cleaning business from other than a fixed place of business within the City, and who carries on or engages in the business of collecting laundry or soliciting orders for laundry business in this City, or cleaning; sponging, pressing, or dry-cleaning, the sum of $48.00 per year for the first vehicle, and $24.00 per year for each additional vehicle used in said business in said City. (a) YZA'Wis WiTVITM TAX - GENERA?. Ivory person not specifically mentioned in any other section of this ordinance engaging in, managing, conrbieting or carrying on the business of driving or operating any cart, wagon, auto, auto truck, auto tank, wagon or other vehicle, used for the transportation of baggage, freight, household goods, merchan- dise, pipe, sand, machinery, ar other article or commodity, shall pay a license tax of $15.00 per year, or fraction thereof, for each such truck or vehicle, provided that this subsection shall not apply to any person paying a license fee under any other section of this ordinance in connection with the same business for which the truck or vehicle is used. SECTION 21. VENDING i,;ACHINES. (a) Every person conducting the business of selling goods, wares, merchandise, or services, such as weighing machines, lock boxes for storage, and similar machines, shall pay an annual license fee as follows: (i) Where the slut; or coin is of the value of one cent (1¢), $1.00 per machine. (2) Where the --lug or coin is of the value of more than one cent.(1¢), $5.00 per machine. (b) The above license shall not be required where such machines are owned and operated by a person already licensed to conduct a business, tln groan r000ipts of which are used to measure the amount of license payable. SECTION 22. FEES - NO REGULAR PLACE OF BUSINESS. Any person engaged in business in the City of Costa Mesa, without having a fixed and established place of business .within said City, and who is not specifically licensed under some other section of thin, ordinance, shall pay a license fee of $36.00 per year, or any fraction thereof„ ARTICLE XI - PENALTY - ENACTMENT CLAUSE SECTION 1. PENALTY PROVISION. Any person, whether acting as principal, agent, officer, clerk or employee, who shall violate any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by -18-- a fine of not more than $500.00, or by imprisonment in the City or County jail for a period not exceeding 90 days, or by both such fine and imprisonment. SECTION 2. CONSTITUTIONALITY. If any section, subsection, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared invalid or unconstitu— tional. SECTION 3. URGENCY Ni &SURE. This ordinance is urgently required for the immediate preservation of public health, peace and safety. The following is a specific statement showing the urgency of this ordinance. That the City of Costa Mesa was incorporated on June 29, 1953, and has no funds with which to operate the City; that the revenue derived from the licenses to be levied and collected under and pursuant to the terms of this ordnance is necessary for the preser— vation of the public health, peace and safety. SECTION 4. EFFECTIVE DATE. This ordinance shall take effect immediately and be in force immediately after its passage. The City Clerk of the Citzr of Costa Mesa shall attest to the passage of this ordinance and, pursuant to Section 36933 of the Government Code, shall cause it to be posted in at least three public places in the City within fifteen (15) days after its passage. Passed and adopted this 5th day of October, 1953• ATTEST.: City Clerk of the City of �S;osta iiesa -19- N4ayor of the City of Costa Masa C pa TCM I, A. C. SWARTZ, City Clerk of the City of Costa Mesa, do hereby certify that the foregoing ordinance was introduced at a regular adjourned meeting of the City Council of the City of Costa Mesa, held on the 28th day of September, 1.953, and was finally passed at a regular meeting held on the 5th day of October, 1953, by the following vote: AYES: Councilmen: Iylartin, Miller, Nelson and Smith NOES: None ABSENT: Councilman: TeWinkle PRO -rEM I further certify that said ordinance was thereupon signed by the Mayor of the City of Costa Mesa. ATTEST: City Clerk of the City of Costa Mesa STATE OF CALIFORNIA; COUNTY OF ORANGE CITY OF COSTA MESA I, A. C. SWARTZ, City Clerk of the City of Costa Mesa, do hereby certify that on the 8th day of October, 1953, I roosted the foregoing true and correct copy of the fore— going ordinance in the following public places in the City: Justice Court 567 West Eighteenth Street Costa Mesa, California Costa Mesa Branch Library 526 Center Street Costa Mesa, California Costa Mesa Fire Hall 111 Rochester Street Costa Mesa, California WITNESS my hand and seal this 8th dad* of October, 1953. City Clerk of the City of Costa` Mesa it