Loading...
HomeMy WebLinkAbout471 - License Regulations6 • 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 0 • • 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.