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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.
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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.