HomeMy WebLinkAbout471 - License Regulations6
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ORDINANCE NO. 471
The City of Newport Beach, by
and through its City Council, does
ordain as follows:
Section 1. Section 1 of Ordinance
No. 393 of the City of Newport
Beach is hereby amended to read
as follows:
"Section 1. It shall be unlawful
for any person, persons, firm, co-
partnership or corporation, or for
any person, as agent, clerk or
employee, either for himself or
for any other person, firm, co-
partnership or corporation within
the corporate limits of the City of
Newport Beach, to transact, engage
in or carry on any pursuit, trade,
occupation, avocation, employment
business or calling, hereinafter
specified, until he, she, they or it
shall first obtain a license therefor
as in this ordinance required.
Each and every day or fractional
part of a day that said pursuit,
trade, occupation, avocation, em-
ployment, business or calling in
this ordinance specified is con-
ducted or carried on without such
license, shall constitute a viola-
tion 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 misdemeanor,
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 -five
days, or by both such fine and
imprisonment, provided, however.
that every honorably discharged
or honorably released soldier,
sailor or marine of the United
States who has served in the Civil
War, any Indian War, the Spanish-
American War, any Philippine in-
surrection or in the Chinese Relief
Expedition or in the World War
of 1914 and years following, who
is physically unable to obtain a
livelihood by manual labor, and
who shall be a qualified elector
of the State of California, shall
have the right to distribute circu-
lars and to hawk, peddle, and vend
any goods, wares or merchandise,
except such goods, wares and mer-
chandise as the law prohibits the
sale thereof, without payment of
any license tax or fee whatever
and the City Council shall issue
to such soldier, sailor or marine,
without cost a license therefor;
however, under the conditions of
this ordinance, a veteran who
shall claim the exemption as here-
in provided for must apply to the
City Council of the City of New-
port Beach for a license as herein
provided, which license must be
renewed every thirty (30) days.
The exemption provided for by
this section shall not be deemed to
extend to any person, other than
the veteran applying for and
qualifying for the same, and in
no case shall either the employer
or employees of such veteran be
exempt from the payment of any
license fee or fees otherwise im-
posed by any section of this ordi-
nance, and provided further that
no license can be collected or any
penalty for the non - payment there-
of enforced against any commercial
traveler whose business is limited
to the goods, wares and merchan-
dise sold or dealt in in this state,
at wholesale.
The term of duration of every
license shall be annual, quarterly,
monthly, weekly or dally, accord-
ing to the terms of the sections
of this ordinance fixing the amount
of each license, after this ordi-
nance shall go into full force and
effect.
Annual licenses shall date from
the first day of July, of the fiscal
year in which they are issued,
monthly licenses shall date from
the first day of the month in
which they are issued; no license
shall be issued for the fractional
part of a term. All licenses shall
be paid for in advance and no
rebate given for any unused portion
of the term.
All licenses issued under the
provisions of this ordinance shall
be posted in the place of business
of the licensee named in such
license, and the said license shall
be produced by the licensee when-
ever the same shall be required by
the Chief of Police or any officer
of the city.
It is hereby made the duty of
the Chief of Police to enforce all
the provisions of this ordinance.
No personal demand or notice by
the Chief of Police to such per-
sons owing such license tax shall
be necessary to incur the penalties
of this ordinance."
Section 2. Section 11 of Ordi-
nance No. 393 of the City of New-
port Beach is hereby amended to
read as follows:
"Section 11. (a) The rate of
license for carrying on the busi-
ness of delivering bread, rolls,
cakes, pies, doughnuts, or other
bakery products, direct to con-
sumers thereof and over a regular-
ly established route, shall be $25.00
per annum, per vehicle used for
such purpose, provided further
that if such business shall sell
other than along an established
route and to regular customers,
said business shall be required to
pay the license provided for by
section 34 of this ordinance, and
solicitation under the provisions
hereof, either by way of personal
soli�;tation, or by means o° gongs,
bells or the crying of their wares,
is hereby specifically prohibited.
(b) No license or permit shall
issue to any person under this
section unless such person shall
first have made written applica-
tion for the same, which said appli-
cation shall be addressed to the
City Council of the City of New-
port Beach and filed with the
Clerk thereof. Said application
shall set forth fully the nature and
kind of merchandise Bought to be
sold, the place of manufacture or
other origin of such merchandise,
the home address and the business
address of applicant, the route
over which the applicant intends
to sell and a full and complete list
of his regular customers. The
application herein provided for
shall be signed by applicant and
shall bear his affidavit of truth of
the matters therein stated.
The said City Council shall,
before granting or refusing said
application make such investiga-
tion thereof as it may deem reason-
ably necessary and may refer to
the Police Department of the city
for investigation and report. Upon
the completion of said investiga-
tion, said City Council shall direct
the Chief of Police of the City of
Newport Beach to issue or deny
said license or permit as the case
may be, stating briefly the reasons
therefor in case the application be
denied."
Section 3. Section 31 of Ordi-
nance No. 393 of the City of New-
port Beach is hereby amended to
read as follows:
"Section 31. (a) The rate of
license for running or operating a
milk wagon or vehicle shall be
$25.00 per annum for each such
wagon or vehicle, provided further
that If such business shall sell other
than along an established route
and to regular customers, said
buiness shall be required to pay
the license provided for by Section
34 of this ordinance, and solicita-
tion under the provisions hereof,
either by way of personal solicits -
tion, or by means of gongs, bells
or the crying of their wares, is
hereby specifically prohibited. For
the purpose of this ordinance, a
"Milk Wagon" is defined as a
wagon or vehicle carrying milk
and dairy products only.
(b) No license or permit shall
issue to any person under this
section unless such person shall
first have made written applica-
tion for the same, which said
application shall be addressed to
the City Council of the City of
Newport Beach and filed with the
Clerk thereof. Said application
shall set forth fully the nature
and kind of merchandise sought
to be sold, the place of manufac-
ture or other origin of such mer-
chandise, the home address and
the business address of applicant,
the route over which the applicant
intends to sell and a full and com-
piete list of his regular cus-
tomers. The application herein
provided for shall be signed by
applicant and shall bear his affi-
davit of truth rf the matters
therein stated.
The said City Council shall,
before granting or refusing said
application, make such investiga-
tion thereof as It may deem
reasonably necessary and may
refer to the Police Department of
said city for investigation and
report. Upon the completion of
said investigation, said City
Council shall direct the Chief of
Police of the City of Newport
Beach to Issue or deny said
license or permit as the case may
be, stating briefly the reasons
therefor in case the application
be denied."
Section 4. Section 34 of Ordi-
nance No. 393 of the City of New-
port Beach is hereby amended to
read as follows:
"Section 34. (a) The rate of
license for every peddler, solicitor
or huckster, and every other per-
am of every class and character
who sells, offers for sale, or
engages to sell articles of wear-
ing apparel, drugs, drygoods,
fancy goods, notions, jewelry, cut-
lery, vegetables, fruits, meats,
groceries, harness, pianos, organs,
machinery of any kind, hardware,
tinware, mill products, or any
other merchandise of whatsoever
class or character from house to
house or upon the public streets, Is
$150.00 per annum; provided, how-
ever, that application for such
license shall be made In the man-
ner and in accordance with the
procedure hereinafter set forth
and not otherwise.
(b) Any person selling or offer-
ing for sale any of the articles
enumerated In the foregoing para-
graph and who is himself the
grower, manufacturer or fabricator
of such articles, and any person
who, because of any provision in
the laws of the State of California
or of the United States of A neri-
ca Is exempt from payment of
license fees imposed by municipal
ordinance, shall be exempt from
payment of any license fee here-
under; provided, however, that
before attempting to sell or offer
for sale any of said articles, such
person must first obtain a permit,
which said permit must be applied
for as hereinafter directed.
(c), No license or permit shall
issue to any person under this
section unless said person shall
first have made written applica-
tion for the same, which said appli-
cation shall be addressed to the
City Council of the City of New-
port Beach, and filed with the
Clerk thereof. Said application
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shall set forth fully the nature and
kinds of merchandise sought to be
sold, the place of manufacture or
other origin of such merchandise,
the home address and the business
address of the applicant, and, if
exemption from any of the provi-
sions of this ordinance be claimed,
a brief statement of the reasons
upon which said claim of exemp-
tion is based. Said application
shall be signed by the applicant
and shall bear his affidavit of the
truth of the matters therein stated.
The said City Council shall, before
granting or refusing said applica-
tion, make such investigation
thereof as it may deem reasonably
necessary and may refer the same
to the Police Department of the
City of Newport Beach for investi-
gation and report. Upon the com-
pletion of said investigation, the
said City Council shall direct the
Chief of Police of the City of New-
port Beach to issue or deny said
license or permit, as the case may
be, stating briefly the reasons
therefor in the event the applica-
tion be denied.
(d) Every person who obtains
a license or permit under this
section shall, before engaging in
the business of soliciting, peddling
or hawking any of the goods, wares
or merchandise mentioned in this
section, procure from the Chief of
Police a number which shall be
displayed in a conspicuous place
upon the wagon, vehicle, 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, or, if no such wagon,
vehicle, cart, basket or other
receptacle be used by such person
then he shall carry said license or
permit upon his person and shall
exhibit the same upon demand.
(e) The provisions of this am-
tion shall not apply to wholesalers,
drummers or other persons who
deal solely with established places
of business in the City of Newport
Beach."
Section 5. Section 92a of Ordi-
nance No. 393 of the City of New-
port Beach is hereby amended to
read as follows:
"Section 92a. (a) The rate of
license for the operation or -con-
ducting of an ice manufacturing
plant, or any business dealing in
the sale of ice, either at wholesale
or retail, is hereby fixed at $200.00
per annum, and the rate of license
for operating ice wagons, which
are hereby construed to be vehicles
operated, run or driven from house
to house, or to business places,
hotels, restaurants, lodging houses
or apartment houses, within the
City of Newport Beach, for the
purpose of selling or delivering
ice, shall be $200.00 per annum,
for each person, firm or corpora-
tion conducting or carrying on the
business of selling or delivering ice
within the said City of Newport
Beach, by means of ice wagons,
unless, however, such ice wagons
are operated in connection with
an ice manufacturing business
whch has already paid the annual
license of $200.00.
(b) No license or permit shall
be granted to any person under
the provisions of this section until
the ice plant wherein said ice so
to be delivered and sold in the
City of Newport Beach has been
inspected by the health Officer of
the City of Newport Beach, and a
certificate issued by said health
officer showing said premises to
be sanitary in every respect, and
the ice therein manufactured free
from impurities and possible con-
tamination, and further, such cer-
tificate shall show that said plant
manufactures ice only from dis-
tilled water and in this connection
the sale of "White :Ice" in the
City of Newport Beach is hereby
prohibited. A fee of $50.00 Shall
be paid to the City of Newport
Beach for Such inspection.
(c) No permit or license shall
issue to any person under this
section unless such person shall
first have made written •applica-
tion for the same, which said
application shall be addressed to
the city council of the City of
Newport Beach and filed with
the Clerk thereof. Said applica-
tion shall set forth fully the place
of manufacture or other origin of
such ice, the home, address and
business address of applicant,
which application shall be accom-
panied by the fees herein pro-
vided for. The City.Council, be-
fore granting or refusing said
application, may refer the same
to the Health Officer of the City
.of Newport Beach for investiga-
tion as hereinabove provided, and
upon the completion of such in-
vestigation the City Council shall
direct the Chief of Police of the
City of Newport Beach to issue or
deny said license or permit as the
case may be, stating briefly the
reasons therefor in the event said
application is refused."
Section S. This ordinance shall
be published once in Newport News,
a newspaper of general circulation,
.printed, published and circu-
lated in the City of Newport
Beach, and this ordinance shall
take' effect and be in force from
and after the 1st day of July, 1938.
I hereby certify that the above
and foregoing ordinance was intro-
duced at an adjourned regular
meeting of the City Council of
the City of Newport Beach held on
the 21st day of March, 1938, and
was finally passed and adopted on
the Mill day of May, 1938, by said
City Council, at an adjourned reg-
. ular meeting thereof, by the
following vote, to -wit:
AYES, Councilmen: Gordon,
Claire, Whitson, Brown, William-
son.
NOES, Councilmen: None. =
ABSENT, Councilmen: None.
ATTEST:
FRANK L. RINEHART,
City Clerk.
(Seal)
The above ordinance is approved
by me this 16th day of May, 1938.
HARRY H. WIUJAMSON,
Mayor of the-City of
Newport Beach.