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HomeMy WebLinkAbout595 - Business Licenses• LEGAL NOTICE ORDINANCE NO. 595 AN ORDINANCE OF THE CITY OF NEWPORT BEACH LICENSING THE TRANSACTION AND CARRY- ING ON OF CERTAIN BUSI- NESSES, TRADES, PROFESSIONS, CALLINGS A N D OCCUPATIONS IN THE CITY OF NEWPORT BEACH, FOR THE PURPOSE OF RAISING MUNICIPAL REVENUE AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF. The City Council of the City of New- port Beach does ordain as follows: SECTION 1: Definitions Person. As used in this ordinance, "person" means all d o m e s t i c and foreign corporations, associations, syndicates. joint s t o c k corporations, partnerships of every kind, Massachu- setts, business, or common law trusts, societies, and individuals transacting or carrying on any business in the City of Newport Beach. Business. As used in this ordinance "business" means professions, trades, and occupations and all and every kind of calling carried on for p r o f i t or livelihood. SECTION. 2: License Required There are hereby imposed upon the businesses, trades, professions, callings and occupations specified in this ordi- nance license fees in the amounts here- inafter prescribed, and it shall be unlawful for any person to transact and carry on any business, trade, pro- fession, calling or occupation in the City of Newport Beach without first having procured a license from said city so to do or without complying with any and all applicable provisions of this ordinance. SECTION 3: Branch Establishments A separate license must be obtained for each branch establishment or loca.. tion of the business transacted and carried on and for each separate type of business at the same location, and each license shall authorize the 'licensee to transact and c a r r y on only the business licensed thereby at the location and in the manner designated in such license. SECTION 4: Exemptions Nothing in this ordinance shall be deemed or construed to apply to any person transacting and carrying on any business exempt by virtue of the con - stitution or applicable statutes of the United States or of the State of Cali- fornia from the payment to a municipal corporation of such fees as are herein prescribed. The provisions of this ordinance shall not be deemed or construed to require the payment of a license fee to conduct, manage, or carry on any business. occupation, or activity, from any organ- ization which is conducted, managed, or carried on wholly for the benefit of charitable purposes or from which profit is not derived, either directly or indirectly, by any individual. firm or corporation; nor shall any license fee be required for the conducting of any entertainment, concert, exhibition, or lecture on scientific, historical, literary, religions, or moral subjects, within the City of Newport Beach, whenever the receipts of any such entertainment, concert, exhibition, or lecture are to be appropriated to any church or school or to any religious or benevolent purpose; provided, how- ever that nothing In this section shall be deemed to exempt any such organi. zation or association from complying with the provisions of any ordinance requiring a permit from. the City Council or any officer of the City of Newport Beach. (a) Veterans. Every honorably dis- charged or honorably relieved soldier, sailor or marine of the United Statese who has served in the Civil War, any Indian War, the Spanish- American War. any Philippine insurrection or in the Chin -se Relief Expedition or in the World War of 1914 and the years fol- lowing, or in the World War of 1941 and the years following, who is phy- sically unable to obtain a livelihood by manual labor, and who s h a 11 be E qualified elector of the State of Cali fornia, shall have the right to distribute circulars and to hawk, peddle and van( any goods. wares or merchandise, ex cept such goods wares and merchandise as the law prohibits the sale thereof without payment of any license tax of fee whatever and the City Council shah issue to such soldier, sailor or marine without cost a license therefor. No license fee "shall be collected of any penalty for the non - payment thereof enforced against any commer cial traveler whose business is limiter to the goods, wares and merchandise sold or dealt in in this S t a t e, ai wholesale. (b) Claim for Exemption: Any persoi claiming an exemption pursuant to thi; section shall file a verified statemen with the Finance Officer of the City o. Newport Beach stating the facts upon which exemption is claimed. If t h Finance Ofifcer shall find, upon i ,proper showing contained in the veri fied statement, that the applicant i entitled to exemption. He may issu- a license to such person claiming ex emption without payment to the cit: of the license fee required by t h i ordinance. (c) Revocation: The Finance Office may revoke any license granted pur suant to the provisions of this section when it appears that the licensee is no entitled to the exemption as provide, SECTION 5: Transfer of Location No license issued pursuant to this ordinance shall be transferable; pro- vided, that when a license is issued autliorizing a person to transact and carry on a business at a particular place, such licensee may upon applica- tion therefor and paying a fee of Two Dollars ($2) have the license amended to authorize the transacting and carry- ing on of such business under s a i d license at some other location to which the business is or is to be moved. SECTION 6: Posting and Keeping Licenses All licenses must be kept and posted in the following manner: (a) Any licensee transacting and car- rying on business at a fixed place of business in the City of Newport Beach shall keep the license posted in a con - spicuons place upon the premises where such business is carried on. (b) Any licensee transacting ana carrying on business, but not operating at a fixed place of business in the City of Newport Beach shall keep the license upon his person at all times while tran- sacting and carrying on such business. SECTION 7: Duration The term of duration of every license shall be annual unless otherwise speci- fied in the sections following. Annual licenses shall date from the first day of July, of the fiscal year in which they are issued; no license shall be issued for the fractional part of a term. All licenses shall be paid in ad- vance and no rebate given for any un- used portion of the term. SECTION 8: Penalties If the licenses in this ordinance pro- vided for shall not be paid on or before the 15th day of the month following the date when they shall become due, then a penalty of 25% of the license fee due and payable shall be added thereto, and no license shall be issued until such penalty shall have been paid, and in addition thereto, such delinquent shall be liable for prosecution and the penalty herein provided for failure to pay his license provided for in this ordinance. Each and every day or fractional part of a day that said pursuit, trade, occu- pation, avocation, employment, busin- ess or calling in this Ordinance spcel- fied is conducted or carried on without a license shall constitute a violation of this ordinance and any person who, for himself, or for any other person, shall violate any of the provisions of this ordinance, shall, for each violation thereof, be deemed guilty of a misde- meanor, and upon conviction by any court having jurisdiction thereof, shall be fined in a sum not more than $200.00, or by imprisonment in the city jail not exceeding twenty -fire days, or both such fine and imprisonment. SECTION 9: Streets and Sidewalks. No license shall be granted under this ordinance for a business or busin- esses to be conducted on the public streets, sidewalks, or highways, and it shall be unlawful at all times to con- duct a business on the sidewalks or highways of the City of Newport Beach, and any person violating this provision shall be deemed guilty of a misdemean- or,.and upon conviction by any court having jurisdiction thereof, shall be fined therefor in a sum not exceeding $200.00, or by imprisonment in the city or county jail not exceeding twenty - five (25) days, or by both such fine and imprisonment. SECTION 10: Council Approval Re- quired No license shall be isued for any can - ning or fish preserving plant, stable, public laundry where washing is done for hire, hotel, lodging house. chop house, coffee house, bakery, restaur- ant, lunch counter, shooting gallery, bil- liard room, pool room, skating rink. merry -go- round, bowling alley, fortune telling, clairvoyance. and kindred prac- tices, garage, creamery, auctions, auc- tion house, junk dealer. wrecking yard, or automobile for hire stands or places upon the public streets. or for any game, or for any wholesale or manu- facturing business, or for any factory, except on order of the City Council of the City of Newport Beach, and when- ever any person, persons, firm, co -part- nership or corporation, desires to open or keep any business specified in this section, he, she, they or it shall petition the City Council to order a license therefor, which petition shall set forth the name of the applicant, the character of the business and the location of the premises where the business is to be conducted, and on the hearing of said petition, the said Council may grant the same in whole or in part, or may reject the same and no license shall be issued thereon except as ordered by said City Council. Where any business in this section specified may become dangerous to or adversely affect the public health, peace or safety, or become dangerous to surrounding property, the City Coun- cil shall .refuse to grant the license. Should the City Council at any time determine that the premises wherein any business described in this section Is conducted, are not in good and sani- tary condition, or not properly drained, or have become dangerous or affect the public peace, health or quiet, it may revoke its order requiring the li- cense for such business to issue and no further license shall be issued there- on until such. premises shall have been put in a safe, properly drained and sani- tary condition. SECTION 11: General Business. For every business, trade, calling, oc- cupation, art or profession not licensed by some section of this ordinance, the rate of license for carrying on the same shall be $25.00 per annum. and where in this ordinance any business, trade, calling or occupation falls within two or more classifications hereunder, and in such classifications a different rate of license is imposed upon the same. then the highest rate of license shall be deemed to be the license fixed for such trade, business, calling or occupation. SECTION 12: Billiard and Pool Tables The rate of license for conducting, managing or carrying on a billiard, bagatelle or pool table, except such as are used i n private homes, shall be $10.00 per annum per table, and there shall be no extra license charged for engaging in the business of soft drinks, candies, cigars and tobaccos; in connec- tion with said business. Hoyyever „such annual license shall not. in' any cese(be less than $15.00 per ;annum and each table standing in the place of business where the same islmaintained shall be charged a license Whether said table is used or not. -r SECTION 13: Bdwling Alley The rate of license for conducting'; managing or carryi4,, on a bowlir)�& alley shall be $15.00 -perk annum„'-for each alley, whether the same. b6 used or not, and in connection with said bus- iness and m a part thereof, soft drinks, candies, cigars and tobacco may be sold without the payment of an addi- tional license. • • • SECTION 14: Bakery Wagon The rate of license for carrying on the business of selling bread and other bak- ery products at retail from a wagon or other vehicle, whether the bread be baked in the City of Newport Beach or not, for each such wagon or vehicle used in such business, shall be $100.00 per annum. SECTION 15: Circus or Menagerie The rate of license for every circus or menagerie exhibited within the City of Newport Beach shall be $100.00 per day, and for every sideshow in connec- tion therewith, the sum of $50.00 per day, if a separate admission is charged to such sideshows. SECTION 16: Theater The rate of license for every show, concert, theater, movie theater or sim- ilar entertainment conducted or pre- sented within the City of Newport Beach shall be $100.00 per annum, pro- vided that when the proceeds of any such show, concert, theater or similar entertainment are to be devoted to charity or some educational purposes, the City Council may authorize such exhibition without the payment of a license fee, and a license fee for any such show, concert, theater of similar entertainment shall be issued only on permit from the City Council. SECTION 17: Checking Room The rate of license for conducting the business of checking room or sta- tion, which shall be defined to mean a place where baggage, parcels, valuables or clothing are checked for hire, shall be $15.00 per annum. SECTION 18: Card Table The rate of license for maintaining a card table at which cards are played shall be $200.00 per annum for each such card table, and no such license shall be issued for a card table without an order of the City Council authoriz- ing the issuance thereof, and the City Council may in its discretion deny any such application, and the said City Council may on hearing revoke any li- cense granted for the conduct of card tables if, in the opinion of the City Council, the same shall be detrimental or dangerous to or affect the public peace, health, or quiet. SECTION 19: Games (Skill -O -Quiz etc.) The rate of license for maintaining a game, at which chairs or places are as- signed to more than eight persons shall be $200.00 for the first eight chairs or places and $25.00 for each additional chair or place, whether or not said chairs or places are occupied. No license shall be issued for such card game with- out an order of the City Council auth- orizing the issuance thereof, and the City Council may in its discretion deny any such application, and the said City Council may on hearing revoke any li- cense granted for the conduct of card games if, in the opinion of the City Council, they shall be detrimental to. or dangerous to, or affect the public peace, health and quiet. SECTION 20: Dance Hall or Acad- emy The rate of license for conducting, managing or carrying on the business of a dancing academy which is defined to be a place where dancing is taught to 25 students or less at any one time, shall be $25.00 per annum and the rate of license for conducting a dancing academy where more than 25 students receive instruction at any one time, a public dance hall or ballroom, shall be $200.00 per annum. In connection with this Section, no li- cense shall be issued for the businesses herein mentioned, except on order of the City Council and the said Council may refuse to grant any such license or to order a license thereon and may revoke a license issued after a hearing, if in its judgement it shall determine that the continuance of such license would be detrimental to the public health, peace or safety. SECTION 21: Auto Wrecking The rate of license for conducting or carrying on the business of auto wreck- ing or maintaining a place at which automobiles are wrecked, shall be $250.00 per annum. • SECTION 22: Wheel Tax Every person, firm or corporation conducting, managing or carrying on the business or running, driving or op- erating any automobile, automobile truck, automobile tank wagon or any other motor vehicle used for the trans- portation of baggage, freight, house- hold goods, merchandise, lumber, brick, cement, oil, rock, or gravel, shall pay an annual license fee of $15.00 for each such motor vehicle. SECTION 23: Laundries and Laun- dryettes etc. The rate of license for the operation of a laundry or any place where for hire the equipment therefor is provided, is 'hereby fixed at $50.00: per annum, and the rate of license for operating laundry wagons, whether the fixed place of business is in the City of New- port Beach or not, shall be $50.00 per wagon per annum. SECTION 24: Contractors Contractors shall be either a general or a subcontractor. A general contract- or shall be construed to be a person, natural or artificial, who enters into contracts to construct or repair build- ings or structures of any kind in the City of Newport Beach, for a contract price or for a percentage of its, cost, where the value of any such structure when completed or the contract price thereof shall be $50.00 or more, And, for the purpose of this section, every per- son, co- partnership, firm or corpora- tion who shall commence the erection or construction of any building or struc- ture or shall repair in any manner.any building or structure in the City of Newport Beach, shall be deemed a con- tractor as herein defined and shall be liable to pay the license hereinafter provided for, providing that the con-1 tract price or the value of said struc- ture or building when completed shall be more than $50.00, unless the owner of said building or structure, or the owner of the land on which such build- ing or structure is being erected, con- structed or repaired, shall first make a sworn statement that they are erect- ing, constructing or repairing such building or structure as the owner thereof, and that they have not entered into a contract either verbal or written, with any contractor or subcontractor, or any person whatsoever, to erect or construct or repair said building or structure, and that said building or structure is being erected or construct- ed or repaired by day labor at a stipu- lated wage (said wage to be specified in said statement) and further that they are making such representations in order that said person will not have to pay the license fees herein provided for and that each of said representa- tions is true. The rate of license for a general con- tractor, other than specified herein, shall be $25.00 per annum, except plumbing contractors and plastering contractors shall pay $100.00 per an- num, and tile and composition contract- ors shall pay $50.00 per annum. A subcontractor shall be construed to be a person, natural or artificial, who shall enter into contract with a general contractor to construct or repair any portion of a building or structure, when the contract price thereof shall be $50.00 or more, and for the purpose of this section, any person, co- partnership, firm or corporation who shall commence the erection, construction or repair of any portion of a building or structure, when the value of said erection, con- struction or repair shall be $50.00 or more, shall be deemed a subcontractor, as herein defined and shall be liable to pay the license herein provided for un- less the owner of said building or struc- ture or the owner of the land upon which such building or structure is be- ing erected, constructed or repaired shall first make a sworn statement that they are erecting, constructing or re- pairing a portion of such building or structure as the owner thereof and that they have not entered into a con- tract either verbal or written, with any contractor or subcontractor, or any person whatsoever, to erect, construct, or repair any portion of said building or structure and that a portion of said building or structure is being erected, constructed or repaired by day labor at a stipulated wage (said wage to be specified in said statement) and fur- ther that they are making such repre- sentations in order that said person, firm or corporation will not have to pay the license fees herein provided for and that each of said representations are true. The rate of license per annum for any subcontractor shall be as follows: to- wit: For plumbing contractor ......$100.00 For roofing contractor ........ 25.00 For electrical contractor .... 25.00 For painting contractor .... 25.00 For plastering contractor .... 100.00 For cement contractor ........ 25.00 For brick contractor ............ 25.00 For tile & composition con- ' tractor ... ............................... 50.00 For sheet metal contractor .. 25.00 For hardwood &floor finish- ers and layers ...................... 25.00 For carpenter labor contractor ............................ 25.00 For palte glass setters ........ 25.00 For chimney contractor .... 25.00 For all other subcontractors of any kind, trade or craft 25.00 No license shall be issued to any con- tractor or subcontractor except upon presentation of a valid State license in the trade or craft for which a City of Newport Beach license is sought, and for which a State license is required. SECTION 25: Parking lots The rate of license for conducting the business of a parking place or lot, which is defined to be a place or station at which automobiles are received for the purpose of being parked for hire, shall be $15.00 per annum, provided, how- ever, such parking lot shall not be on two distinct and separate parcels of land, and for each such distinct parcel, a license of $15.00 per annum shall be paid. SECTION 26: Barber Shop The rate of license for conducting the business of a barber shop where but two chairs are used shall be $15.00 per annum, and for each additional chair used, $5.00 per annum. If a manicur- ist is employed in connection with said barber shop an additional license of $5.00 per annum shall be charged. SECTION 27: Palmistry, Astrology, etc. . The rate of license for carrying on the practice or profession of astrology, palmistry, phrenology, fortune telling, life reading, catomaricy, clairvoyance, crystal gazing, hypnotism, medium - ship, prophecy, augury, divination, magic or necromancy, where a fee is charged for the practice or exhibition of any such practices shall be $10.00 per day. SECTION 28: Fun Zone The rate of license for conducting a "fun zone" shall be $250.00 per annum; and a fun zone is defined as a place of amusement under one management and on lands that are contiguous where amusement is furnished to the public, including ferris wheel, merry -go- round, circular swing, scenic railroad, aero- plane glide, swing or other similar de- vice or dodgem, games of skill and pen- ny arcade, and other games and de- vices of entertainment and amuse- ment, but excluding therefrom the op- eration and conduct of restaurants or eating places. SECTION 29: Devices Outside Fun Zone The rate of license for conducting or carrying on the business of a merry - go-round, circular swing, scenic rail- road, ferris wheel, aeroplane glide, swing or other similar device or dodgem, or anything of a similar na- ture, shall be $100.00 per month, ex- cept where these businesses are con- nected with the "fun zone" business as herelnbefore defined. SECTION 30: Milk Wagons The rate of license for running or operating a milk" wagon or vehicle shall be $15.00 per annum for each such wagon or vehicle. SECTION 31: Pawnbroker The rate of license for carrying on the business of a pawnbroker, or con- ducting a pawnbroker's shop, shall be $120.00 per annum. SECTION 32: Auctions The rate of license for carrying on an auction house, or selling goods, wares, or merchandise at auction shall be $35.00 per day. SECTION 33: Peddling, Soliciting The rate of license for selling or con- tracting to sell articles of wearing ap- parel, drygoods, fancy goods, notions, jewelry, cutlery, groceries, harness, pianos, organs, machinery of all kinds, hardware, tinware, mill products or any merchandise of whatsoever class or character from house to house or upon the public streets and not to persons regularly engaged in carrying on a bus- iness in the City of Newport Beach, for the wholesale or retail sale, of the above mentioned articles of personal prop- erty, and at their respective places of business, shall be $100.00 per annum. The rate of license for every solicitor, peddler, or huckster of every class and character, excepting drummers who deal directly with established places of business in the City of Newport Beach, shall be $100.00 per annum, and every such person shall, before engaging in the business of soliciting, peddling or hawking wares mentioned in this sec- tion, procure from the Finance Officer • number which shall be displayed in • conspicuous place upon the wagon, ve- hicle, cart, basket or other receptacle used for the conveyance of goods, wares and merchandise to be sold or peddled in the City of Newport Beach. SECTION 34: Peddling machine The rate of license for carrying on the business of a peddling machine and using music or other device for attract- ing crowds, shall be $100.00 per quarter. SECTION 35: Restaurants and cafes The rate of license for conducting the business of a restaurant,- cafe, lunch counter, or cafeteria, shall be $15.00 per annum, and where said restaurant shall pay a Federal amusement tax the li- cense for said business shall be $100.00 per annum instead of $15.00 per annum. SECTION 36: Brokers The rate of license for conducting a broker's business, real estate, fire in- surance, stocks and bonds, or any other kind or class of broker, shall be $15.00 per annum. SECTION 37: Shooting Gallery The rate of license for engaging in, conducting or carrying on the business of a shooting gallery shall be $15.00 per annum. SECTION 38: Skating Rink The rate of license for conducting a skating rink shall be $100.00 per annum. SECTION 39: Throwing Games The rate of license for maintaining any contrivance or device at which the public is invited or permitted to throw rings or balls, or other objects at knives, whips, dolls, or other things for a prize, shall be $50.00 per annum. SECTION 40: The rate of license for all street exhibitions shall be $25.00 per day and no license shall be granted ex- cept by special permit of the City Coun- cil. SECTION 41: Dry Cleaning The rate of license for conducting tL business of a dry cleaning or clothe pressing establishment which shall b construed to be a place where clothe are cleaned, renovated or pressed, shat be $50.00 per annum, and any laundry wagon that collects or receives clothe to be cleaned, renovated or pressed shall, in addition to the license herein before imposed upon such laundry wag on, pay an additional license of $50.0 per wagon. SECTION 42: Fish Market The rate of license for conductin a fish market shall be $15.00 per annum SECTION 43: Smoking Fish The rate of license for conducting th business of smoking fish shall be $15.0 per annum and the rate of license fo conducting the business of salting, pick ling, preserving or canning fish or thei by- products shall be $100.00 per annum SECTION 44: Newspaper or Prir. Shop The rate of license for conductin the business of publishing, circulatin and distributing by carrier or otherwise a newspaper in the City of Newpor Beach, or conducting a printing shop shall be $15.00 per annum. SECTION 45: Knife Grinder The rate of license for the operatoo of a motor or other vehicle for the pu pose of sharpening and grinding knive axes, scissors or other cutlery; shall b $1.00 per annum for each such vehicle SECTION 46: Junk Collector The rate of license for the busine of junk collector, junk dealer, or main taining a junk yard, shall be $100.0 per annum. SECTION 47: Refinery The rate of license for conductin the business of refining, reducing distilling petroleum, shale oil, tar or an other hydro- carbon substances, shall $200.00 per annum for each such r finery or distillery, and no license shall be granted for the conduct of such bus- iness except upon permit of the City Council. SECTION 48: Boot black The rate of license for conducting or maintaining a shoeshine or boot black stand shall be $5.00 per annum. SECTION 49: Beauty Parlor The rate of license for maintaining a beauty parlor shall be $15.00 per an- num. SECTION 50: Businesses and Profes- sions. The rate of license for every person conducting, managing or carrying on the business or engaged in any business hereinafter enumerated, shall be $15.00 per annum: Architect Assayer Attorney at Law Auditor Accountant Chemist Chiropodist Civil, Electrical ,Chemical, or Me- chanical Engineer Chiropractor Dentist Optometrist Oculist Optician , Osteopath Physician Surgeon Sign Painter Veterinary and each person carrying on or engaged in the business of treating, curing, ad- ministering to or giving treatments to the sick, wounded or infirm for the pur- pose of bringing about their recovery, by any method or pursuant to any be- lief, doctrine or system other than those hereinbefore specifically named, and charging a fee or compensation there- for, shall pay a license fee of $15.00 per annum. SECTION 51: Veterinary Hospital Every person, firm, or corporation who shall conduct a veterinary hospital in the City of Newport Beach shall pay an annual license fee of $25.00. SECTION 52: Wholesale Business Every person firm or corporation car- rying on a wholesale business in the City of Newport Beach shall pay an annual license fee of $25.00. SECTION 53: Paving, Pipelines, Grading Every person, firm or corporation who shall engage in the business o contracting grading, or laying streets sidewalks, drains, pipelines, or sewer e shall pay an annual license fee o s $100.00 e SECTION 54: General business de 5 fined 1 The conducting and carrying on o wholesale or retail establishments s stores, or places of business of ever kind and description not otherwise pro vided for in this ordinance, where art icles or personal property for use o 0 consumption are loaned, rented, let served or sold as a business, shall b known and designated as a genera g business, and the license for conductin the same shall be designated a genera business license; - provided, however e that where a general business licens 0 is granted• the holder thereof shall no r have the right to conduct a restaurant - fountain lunch or lunch counter in con r nection with or as a part of such gen �. eral business, without procuring the res t taurant license provided for in this or inance, and providing further, t h a g where a general business license is i g sued and the business conducted there , under consists in the .selling of fruit t confectionery, groceries, d r y g o o d s . hardware and other articles of gene merchandise or the loaning or the rem ing of fishing tackle, or other article n of personal property, the holder of th r- general business license to so condu a. such general business shall not have t e right to conduct in connection there . with a restaurant or lunch count without procuring the restaurant li ss ense provided in this ordinance; provi - ed, that the holder of any general bu 0 iness license who shall in connectio therewith engage in any other trad business, calling or occupation for whit g a license is imposed by this ordinanc or shall pay the additional license require Y by this ordinance. be SECTION 55: Boat rentals e- The rate of license for carrying on engaging in the business of renting row boats, canoes, or out -board motor boats, sail boats or in -board motor boats for hire, either as owner or operator, or as the agent, servant or employee of an- other, shall be $15.00 per annum where not more than five boats are used and $2.00 additional for each row boat, canoe, outboard motor, sail - boat, or inboard motor boat in excess of five. The rate of license for carying on or engaging in the business of renting paddleboards, pedalos and similar de- vices shall be $15.00 per annum where not more than five are used and $1.00 additional for each pedalo, paddleboard or similar device in excess of five. SECTION 56: Charter Boats The rate of license for conducting, managing or carrying on, or engaging in the business of leasing and hiring charter boats for rod and reel fishing, either as owner or operator, or as the agent, servant or employee of another, shall be $15.00 per annum per boat. SECTION 57: Taxi Boats The rate of license for carrying on or managing or engaging in the business of leasing, renting, or the hiring of boats to others, for taxi service, either as owner or operator or as the agent, servant or employee of another, shall be $15.00 per annum where not more than five boats are used, and $2.00 ad- ditional for each boat in excess of five. SECTION 58: Sightseeing Boats The rate of license for carrying on or engaging in the business of receiving and transporting persons within the City of Newport Beach, in boats or other water craft, for the purpose of affording such persons an opportunity of viewing places of interest in and about the City of Newport Beach, for recreation, at the consideration, either as owner or operator, or as the agent, servant or employee of another, shall be $50.00 per annum per boat. 'SECTION 59: Live Bait Boats The rate of license for engaging in the business of operating a live bait boat in the City of Newport Beach, whether the same be operated from the wharfs extending from the mainland into the waters of the Pacific Ocean, or within Newport Bay, shall be $15.00 .per annum per boat, and in this con- nection a live bait boat, for the purpose of this ordinance, shall be deemed, held and construed to mean a floating struc- ture that receives and transports per- sons in the City of Newport Beach, for f the purpose of affording such persons an opportunity of fishing from such s structures, in the waters of the Pacific f Ocean, for recreation, at a considera- tion, with live bait, and which boat car- - ries a live bait tank and pump, but such live bait boat shall not include charter f boats as hereinafter defined. SECTION 60: Charter Parties Y The rate of license for carrying on or engaging in the business of renting or hiring boats to charter parties shall be r $15.00 per annum per boat, and in this connection for the purpose of this ord- e inance, a charter party shall be con - I strued to mean and shall mean any g' person or persons who shall, for a con - 1 sideration, hire a fishing boat or other , vessel for a designated sum of money, e for a designated purpose and for a Bes- t ignated time. , SECTION 61: Fishing Barge The rate of license for engaging in or carrying on the business of a fishing barge, a; that term is hereinafter de- fined, shall be $100.00 per annum per t barge, and in this connection, for the s- purpose of this ordinance, a fishing - barge shall be deemed, held and con- s. strued to mean a floating structure anchored in the waters of the Pacific genera c :- u:v Ocean, within the exterior boundaries t- of the City of Newport Beach, for the s purpose of receiving persons on board e thereof for a consideration. ct SECTION 62: Ice Plant he The rate of license for the operation - or conducting of an ice manufacturing er plant, or any business dealing in the c- sale of ice either at wholesale or re- d- tail, is hereby fixed at $100.00 per an- s- num, and the rate of license for operat- n ing ice wagons shall be $100.00 per e, annum for each person, firm or corpor- h ation conducting or carrying on the e, business of selling or delivering ice d within the said City of Newport Beach, by means of ice wagons, unless, how- ever, such wagons are operated in don- or nection with an ice manuafeturing bus- 0 3 iness which has already paid the annual license of $100.00. SECTION 63: Hotels and Apartment Houses The rate of license for engaging in the business of conducting or operating hotels, apartment houses, rooming houses, boarding houses, motels, auto courts, bungalow courts and inns, where not less than three nor more than five units are rented to accommodate guests, roomers and tenants, shall be $15.00 per annum, and for each separate accom- modation over five, $2.00 per annum additional to said fees. SECTION 64: Bicycle Renting The rate of license for operating or conducting the business of renting bi- cycles to the general public in the City of Newport Beach shall be $50.00 per annum. Under the terms thereof, a bicycle is defined as any two or three wheeled vehicle which is operated by man power and the term "Bicycle" does not include motor driven vehicles of any description. SECTION 65: Music Machines The rate of license for operating music machines, as that term is here- inafter defined, in any place of busin- ess in the City of Newport Beach, shall be $5.00 per annum for each music ma- chine or phonograph installed, attached or operated in the City of Newport Beach. The term "music machine" as used in this ordinance is intended to mean and shall mean any machine which has recordings, either music or talking, and which shall produce music or talking upon the placing therein of a coin, disk, slug or other representative of value. SECTION 66: Vending Machines - For each merchandise vending ma- chine operated in the City of Newport Beach by the insertion therein of a coin of the value of .05 or more the license fee shall be $2.00 per annum per ma. chine; and for merchandise vending ma- chines where coins are inserted of the value of less than $.05, the sum of $1.00 per annum per machine. SECTION 67: Punch Boards The rate of license for the business of operating or conducting the business of placing punch boards in the City u£ Newport Beach shall be $150.00 per an- num, and for each punch board in ex- cess of fifty, $3 in addition to the lic- ense fee of $150.00 aforesaid. SECTION 68: Conflicts It is not intended in this ordinance to license any business, occupation or pro- fession prohibited by other ordinances of the City of Newport Beach, and such other ordinances prohibiting certain businesses, occupations or callings in the City of Newport Beach shall re- main in full force and effect and shall not in any way be amended, repealed or modified by the provisions of this Ordinance; this ordinance being a lic- ense ordinance and licensing only such businesses, occupations and professions as are not prohibited by other ordin- ances of the City of Newport Beach. SECTION 69: Repeal This ordinance shall not repeal or amend any ordinance or ordinances of the City of Newport Beach except Ord- inance No. 548 and Ordinance No. 560, which by the passage and adoption of this ordinance shall be specifically re- pealed, and all ordinances or parts of ordinances in reference to the licensing, regulating or prohibiting of businesses, occupations or professions shall remain in full force or effect, and. in'the -event that there shall be a conflict, between this ordinance and any other ordinance regulating, licensing or prohibiting bus- inesses, such other ordinances shall be deemed to have repealed those ,portions of this ordinance in conflict therewith, and such other ordinances shall remain in full force and effect. SECTION 70: Severability If any section, sub - section, sentence clause or phrase of this ordinance is hereafter for any reason held to be un- constitutional or un - enforceable, such decision shall not affect the validity of the remaining portions of this ordin- ance. The City Council of the City of Newport Beach hereby declares that it would have passed this ordinance, and each section, sentence and clause or phrase ,thereof, irrespective of the fact that any one or more other sections, sub - sections, sentences, clauses or phrases be declared unconstitutional or un- enforceable. SECTION 71: Illegal Occupations This ordinance shall never be held or construed as licensing or permitting the carrying on of any unlawful trade, call- ing, occupation or game and every such trade, calling, occupation or game is prohibited and no license shall be grant- ed or issued therefor, nor shall the is- suance of a license hereunder be con- strued to authorize the carrying on of any trade, calling, occupation or profes- sion for which a State license is requir- ed, unless the latter is first had and obtained. SECTION 72: Forfeiture Any conviction of any holder of any license herein mentioned for breach of this ordinance or any conviction of any such person, firm or corporation for failing to conduct the business so lic- ensed in accordance with the ordinances of the City of Newport Beach, shall ipso facto work a forfeiture and cancel- lation of such license and the same shall not be re- issued without a new applica- tion being made therefor as provided for herein. SECTION 73: Errors In no case shall any mistake made by the Finance Officer or the Chief of Police in stating the amount of a license prevent or prejudice the collection for the City of what shall be due on a trade, calling, profesion or occupation subject to license under this ordinance. SECTION 74: Misrepresentation Any person intentionally violating any of the provisions of this ordinance or knowingly or intentionally misrep- resenting to any officer or employee of this City any material fact in procur- F-'- ing the license or permit herein provid- ed for shall be guilty of a misdemean- or, and upon conviction thereof shall be punishable by a fine of not more than $500.00 or by imprisonment in the City or County jail for a period of not more than six months, or by both such fine and imprisonment. SECTION 75: Enforcement It sha11 be the duty of the Finance Officer and he is hereby directed to en- force each and all provisions of this ordinance, and the Chief of Police shall render such assistance in the enforce- ment hereof as may from time to time be required by the Finance Officer and /or the City Council. The Finance Officer in the exercise of the duties imposed upon him here- under, and acting through his deputies or duly. authorized assistants, shall ex- amine or cause to be examined all places of business in the City to ascer- tain whether the provisions of this ord- inance have been complied with. The Finance Officer and each and all of his assistants and any police officer shall have the power and authority to enter, free of charge, and at any rea8- onable time, any place of business re- quired to be licensed herein, and de- mand an exhibition of its license cer- tificate. Any person having such lic- ense certificate theretofore issued, in his possession or under his control, who wilfully fails to exhibit the same on de- mand, shall be guilty of a misdemeanor and subject to the penalties provided for by the provisions of this ordinance. It shall be the duty of the Finance Of- ficer and each of his assistants to cause a complaint to be filed against any and all persons found to be violating any of said provisions. SECTION 76: This ordinance shall be published once in the NEWPORT - BALBOA PRESS, a newspaper of gen- eral circulation, printed and published and circulated in the City of Newport Beach, and this ordinance shall take effect and be in force from and after the 1st day of July, 1949. The above and foregoing Ordinance No. 595 was introduced at a regular meeting of the City Council of the City of Newport Beach on the 25th day of April, 1949 and was passed at a regular meeting of the City.Council held on the 9th day of May, 1949, by the following vote, to -wit: AYES, COUNCILMEN Greeley, Robertson, Isbell, Blue, Drake. NOES, COUNCILMEN None. ABSENT, COUNCILMEN None. The above and foregoing Ordinance No. 595 is aproved and signed by me this 9th day of May, 1949. DICK DRAKE Mayor of the City of Newport Beach ATTEST: C. K. Priest City Clerk Newport- Balboa Press No. 218. Publish 5- 19-49. 0 • • STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF NEWPORT BEACH 1SS. I- -- ---- --q° -- K'- -- PRIEST------------------------------ --- --- ----- -- - -- -.. City Clerk of the City of Newport Beach, California, do hereby certify that the foregoing ----OTdinanCe-------- No.. 5-95 --------------------- was duly and regularly adopted, passed, and approved by the City Council of the City of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the - 9th - - - - -- -day, of ---- May ---------------- 19- X.9....... by the following vote: AYES: COUNCILMEN ---- .Gre.eley,--- Bnber-tEon,_ -Iab- ell- ,--- Blue,_4rake------ NOES: COUNCILMEN ABSENT: COUNCILMEN Dated this ..... j.th........... day of ��. .; - City Clerk and Ex- Officio Clerk of the City Council, City of Newport Beach, State of California.