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• <br />LEGAL NOTICE <br />ORDINANCE NO. 595 <br />AN ORDINANCE OF THE CITY OF <br />NEWPORT BEACH LICENSING <br />THE TRANSACTION AND CARRY- <br />ING ON OF CERTAIN BUSI- <br />NESSES, TRADES, PROFESSIONS, <br />CALLINGS A N D OCCUPATIONS <br />IN THE CITY OF NEWPORT <br />BEACH, FOR THE PURPOSE OF <br />RAISING MUNICIPAL REVENUE <br />AND PROVIDING A PENALTY <br />FOR THE VIOLATION THEREOF. <br />The City Council of the City of New- <br />port Beach does ordain as follows: <br />SECTION 1: Definitions <br />Person. As used in this ordinance, <br />"person" means all d o m e s t i c and <br />foreign corporations, associations, <br />syndicates. joint s t o c k corporations, <br />partnerships of every kind, Massachu- <br />setts, business, or common law trusts, <br />societies, and individuals transacting or <br />carrying on any business in the City <br />of Newport Beach. <br />Business. As used in this ordinance <br />"business" means professions, trades, <br />and occupations and all and every kind <br />of calling carried on for p r o f i t or <br />livelihood. <br />SECTION. 2: License Required <br />There are hereby imposed upon the <br />businesses, trades, professions, callings <br />and occupations specified in this ordi- <br />nance license fees in the amounts here- <br />inafter prescribed, and it shall be <br />unlawful for any person to transact <br />and carry on any business, trade, pro- <br />fession, calling or occupation in the <br />City of Newport Beach without first <br />having procured a license from said <br />city so to do or without complying with <br />any and all applicable provisions of this <br />ordinance. <br />SECTION 3: Branch Establishments <br />A separate license must be obtained <br />for each branch establishment or loca.. <br />tion of the business transacted and <br />carried on and for each separate type <br />of business at the same location, and <br />each license shall authorize the 'licensee <br />to transact and c a r r y on only the <br />business licensed thereby at the location <br />and in the manner designated in such <br />license. <br />SECTION 4: Exemptions <br />Nothing in this ordinance shall be <br />deemed or construed to apply to any <br />person transacting and carrying on any <br />business exempt by virtue of the con - <br />stitution or applicable statutes of the <br />United States or of the State of Cali- <br />fornia from the payment to a municipal <br />corporation of such fees as are herein <br />prescribed. <br />The provisions of this ordinance shall <br />not be deemed or construed to require <br />the payment of a license fee to conduct, <br />manage, or carry on any business. <br />occupation, or activity, from any organ- <br />ization which is conducted, managed, <br />or carried on wholly for the benefit <br />of charitable purposes or from which <br />profit is not derived, either directly <br />or indirectly, by any individual. firm <br />or corporation; nor shall any license <br />fee be required for the conducting of <br />any entertainment, concert, exhibition, <br />or lecture on scientific, historical, <br />literary, religions, or moral subjects, <br />within the City of Newport Beach, <br />whenever the receipts of any such <br />entertainment, concert, exhibition, or <br />lecture are to be appropriated to any <br />church or school or to any religious <br />or benevolent purpose; provided, how- <br />ever that nothing In this section shall <br />be deemed to exempt any such organi. <br />zation or association from complying <br />with the provisions of any ordinance <br />requiring a permit from. the City <br />Council or any officer of the City of <br />Newport Beach. <br />(a) Veterans. Every honorably dis- <br />charged or honorably relieved soldier, <br />sailor or marine of the United Statese <br />who has served in the Civil War, any <br />Indian War, the Spanish- American <br />War. any Philippine insurrection or in <br />the Chin -se Relief Expedition or in the <br />World War of 1914 and the years fol- <br />lowing, or in the World War of 1941 <br />and the years following, who is phy- <br />sically unable to obtain a livelihood by <br />manual labor, and who s h a 11 be E <br />qualified elector of the State of Cali <br />fornia, shall have the right to distribute <br />circulars and to hawk, peddle and van( <br />any goods. wares or merchandise, ex <br />cept such goods wares and merchandise <br />as the law prohibits the sale thereof <br />without payment of any license tax of <br />fee whatever and the City Council shah <br />issue to such soldier, sailor or marine <br />without cost a license therefor. <br />No license fee "shall be collected of <br />any penalty for the non - payment <br />thereof enforced against any commer <br />cial traveler whose business is limiter <br />to the goods, wares and merchandise <br />sold or dealt in in this S t a t e, ai <br />wholesale. <br />(b) Claim for Exemption: Any persoi <br />claiming an exemption pursuant to thi; <br />section shall file a verified statemen <br />with the Finance Officer of the City o. <br />Newport Beach stating the facts upon <br />which exemption is claimed. If t h <br />Finance Ofifcer shall find, upon i <br />,proper showing contained in the veri <br />fied statement, that the applicant i <br />entitled to exemption. He may issu- <br />a license to such person claiming ex <br />emption without payment to the cit: <br />of the license fee required by t h i <br />ordinance. <br />(c) Revocation: The Finance Office <br />may revoke any license granted pur <br />suant to the provisions of this section <br />when it appears that the licensee is no <br />entitled to the exemption as provide, <br />SECTION 5: Transfer of Location <br />No license issued pursuant to this <br />ordinance shall be transferable; pro- <br />vided, that when a license is issued <br />autliorizing a person to transact and <br />carry on a business at a particular <br />place, such licensee may upon applica- <br />tion therefor and paying a fee of Two <br />Dollars ($2) have the license amended <br />to authorize the transacting and carry- <br />ing on of such business under s a i d <br />license at some other location to which <br />the business is or is to be moved. <br />SECTION 6: Posting and Keeping <br />Licenses <br />All licenses must be kept and posted <br />in the following manner: <br />(a) Any licensee transacting and car- <br />rying on business at a fixed place of <br />business in the City of Newport Beach <br />shall keep the license posted in a con - <br />spicuons place upon the premises where <br />such business is carried on. <br />(b) Any licensee transacting ana <br />carrying on business, but not operating <br />at a fixed place of business in the City <br />of Newport Beach shall keep the license <br />upon his person at all times while tran- <br />sacting and carrying on such business. <br />SECTION 7: Duration <br />The term of duration of every license <br />shall be annual unless otherwise speci- <br />fied in the sections following. <br />Annual licenses shall date from the <br />first day of July, of the fiscal year in <br />which they are issued; no license shall <br />be issued for the fractional part of a <br />term. All licenses shall be paid in ad- <br />vance and no rebate given for any un- <br />used portion of the term. <br />SECTION 8: Penalties <br />If the licenses in this ordinance pro- <br />vided for shall not be paid on or before <br />the 15th day of the month following the <br />date when they shall become due, then <br />a penalty of 25% of the license fee due <br />and payable shall be added thereto, and <br />no license shall be issued until such <br />penalty shall have been paid, and in <br />addition thereto, such delinquent shall <br />be liable for prosecution and the penalty <br />herein provided for failure to pay his <br />license provided for in this ordinance. <br />Each and every day or fractional part <br />of a day that said pursuit, trade, occu- <br />pation, avocation, employment, busin- <br />ess or calling in this Ordinance spcel- <br />fied is conducted or carried on without <br />a license shall constitute a violation of <br />this ordinance and any person who, for <br />himself, or for any other person, shall <br />violate any of the provisions of this <br />ordinance, shall, for each violation <br />thereof, be deemed guilty of a misde- <br />meanor, and upon conviction by any <br />court having jurisdiction thereof, shall <br />be fined in a sum not more than $200.00, <br />or by imprisonment in the city jail not <br />exceeding twenty -fire days, or both <br />such fine and imprisonment. <br />SECTION 9: Streets and Sidewalks. <br />No license shall be granted under <br />this ordinance for a business or busin- <br />esses to be conducted on the public <br />streets, sidewalks, or highways, and it <br />shall be unlawful at all times to con- <br />duct a business on the sidewalks or <br />highways of the City of Newport Beach, <br />and any person violating this provision <br />shall be deemed guilty of a misdemean- <br />or,.and upon conviction by any court <br />having jurisdiction thereof, shall be <br />fined therefor in a sum not exceeding <br />$200.00, or by imprisonment in the city <br />or county jail not exceeding twenty - <br />five (25) days, or by both such fine <br />and imprisonment. <br />SECTION 10: Council Approval Re- <br />quired <br />No license shall be isued for any can - <br />ning or fish preserving plant, stable, <br />public laundry where washing is done <br />for hire, hotel, lodging house. chop <br />house, coffee house, bakery, restaur- <br />ant, lunch counter, shooting gallery, bil- <br />liard room, pool room, skating rink. <br />merry -go- round, bowling alley, fortune <br />telling, clairvoyance. and kindred prac- <br />tices, garage, creamery, auctions, auc- <br />tion house, junk dealer. wrecking yard, <br />or automobile for hire stands or places <br />upon the public streets. or for any <br />game, or for any wholesale or manu- <br />facturing business, or for any factory, <br />except on order of the City Council of <br />the City of Newport Beach, and when- <br />ever any person, persons, firm, co -part- <br />nership or corporation, desires to open <br />or keep any business specified in this <br />section, he, she, they or it shall petition <br />the City Council to order a license <br />therefor, which petition shall set forth <br />the name of the applicant, the character <br />of the business and the location of the <br />premises where the business is to be <br />conducted, and on the hearing of said <br />petition, the said Council may grant the <br />same in whole or in part, or may reject <br />the same and no license shall be issued <br />thereon except as ordered by said City <br />Council. Where any business in this <br />section specified may become dangerous <br />to or adversely affect the public health, <br />peace or safety, or become dangerous <br />to surrounding property, the City Coun- <br />cil shall .refuse to grant the license. <br />Should the City Council at any time <br />determine that the premises wherein <br />any business described in this section <br />Is conducted, are not in good and sani- <br />tary condition, or not properly drained, <br />or have become dangerous or affect <br />the public peace, health or quiet, it <br />may revoke its order requiring the li- <br />cense for such business to issue and <br />no further license shall be issued there- <br />on until such. premises shall have been <br />put in a safe, properly drained and sani- <br />tary condition. <br />SECTION 11: General Business. <br />For every business, trade, calling, oc- <br />cupation, art or profession not licensed <br />by some section of this ordinance, the <br />rate of license for carrying on the same <br />shall be $25.00 per annum. and where <br />in this ordinance any business, trade, <br />calling or occupation falls within two <br />or more classifications hereunder, and <br />in such classifications a different rate <br />of license is imposed upon the same. <br />then the highest rate of license shall be <br />deemed to be the license fixed for such <br />trade, business, calling or occupation. <br />SECTION 12: Billiard and Pool <br />Tables <br />The rate of license for conducting, <br />managing or carrying on a billiard, <br />bagatelle or pool table, except such as <br />are used i n private homes, shall be <br />$10.00 per annum per table, and there <br />shall be no extra license charged for <br />engaging in the business of soft drinks, <br />candies, cigars and tobaccos; in connec- <br />tion with said business. Hoyyever „such <br />annual license shall not. in' any cese(be <br />less than $15.00 per ;annum and each <br />table standing in the place of business <br />where the same islmaintained shall be <br />charged a license Whether said table is <br />used or not. -r <br />SECTION 13: Bdwling Alley <br />The rate of license for conducting'; <br />managing or carryi4,, on a bowlir)�& <br />alley shall be $15.00 -perk annum„'-for <br />each alley, whether the same. b6 used <br />or not, and in connection with said bus- <br />iness and m a part thereof, soft drinks, <br />candies, cigars and tobacco may be <br />sold without the payment of an addi- <br />tional license. <br />