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HomeMy WebLinkAbout548 - Business License RequiredLICENSE ORDINANCE NO. 5475 The City Council of the City of Newport Beach, by and through' it9 City Council, do ordain as fol- lows: Section 1. It shall be unlawful for any person, persons, firm, co- partnership or corporation, or for apy person, as agent, clerlf di , epi. ployee, either for himself di fqr any_, other person( .firm; ed-partz i ersliip or corporation, Within the corporate limits of the City of Newport Beach, to transact, en- gage in or carry on any pursuit, trade, occupation, avocation, em- ployment, business or calling, hereinafter specified, until he, she, they or it shall first obtain a li- cense therefor as in' this Ordin- anCe required. . Each and every day or frac- tional part of a day that said pur- suit, trade, occupatibn'; 9W89tibii; employment, business.gr calling in this Ordinance specifier{ is con- ducted or carried on without syych license, shall constitute a vibiatiBR of tlhi$ Ordinance and any person, Who, for himself, or for any other person, shall violate any of the provisions of this Ordinance, shall, for e4eii 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 fide $20.00, or by imprisonment iii tie city jail not exceeding twenty -five days, or both such fine and im- prisonment; provided, however that every ioiidrably disciarpped or honorably released soldier sailor or marine of the Uniteri States who has served in the Civil War any Indian War, the .Span - ish- �tnerican War, any Philippine insurrection or in the Chinese Re- lief Expedition or in the World War of 1914 and years following or in the World War of 1941 a' years following,, Who .is physically unable to obtain a livelihood by manual labor, grid who shall be a qualified elector of the State of California; shall have the right to distribute circulars and to'hawk, peddle, and vend any goods, wares or merchandise, except such goods, wares and merchandise as the law prohibits the sale thereof, without payment of any license tax or fee whatever and the Coun- cil shall issue 0 MICE soldier, sailor or marine without cost a license therefor; and provided fur- ther that no license can be col- lected or any penalty for the non- payment thereof enforced against any commercial traveler whose business is limited to the goods, wares and merchandise sold or dealt in in this State, at whole- sale. The term of duration of every license shall be annual unless otherwise specified in the sections following. 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 re- bate given for any unused portion of the term. All licenses issued under the be posted in the place of business of. the licegnsee named. in. such li- ectise, and the said licence shall he producc;::�� the liccus.c when - -r the snme shall be required by the Chief of Police or any 0fficer of the City. , of It is hereby made the duty 4[ the Chief of Police to enforce all the provisions of this Ordinance. No personal demand or notice by the Chief of Police to such persons owing such license tax shall be necessary to inciif the penalties of this Ordinance. Section Sr All licenses issued under and by virtue of this Ordin- ance shall be printed in blank form signed by the Clerk of the City of Newport Beach, couner- signed by the Chief of Police, who shall set forth the name of the party to whom thg. Been e�� Is- sued, the nature of fhe r88e ffr business he, sh they or it are Li- censed to pursue l tiie ta, f& which the same i granted, the date thereof, and the amount paid therefor.. The City Clerk Shall cause to be printed a sufficient number of such licenses as may be required for one year, in book form, with blank stub to each and shall de- liver the same to the Chief of Police therewith,, who shall ap- pear at the Hf & of the City Clerk on the first Monday in each month, and settle flit the licenses sold; licenses note iHW4 shall be good for the time fBt Wflilch such licenses were iss(A The City Ciert siiaii, 875 appli- cation of the Chief of Police ; is- sue to him such hank licet3 0 may be required; and take his receipt therefor, and shall fill the stub attached thcretc, which stub must be kept in the office of the City Clerk. Section S. tsiA license granted or issued under any provision of this Ordinance s'liall authorize the licensee to tran3_aet or Carry on the business or calling therein named, at the piaee therein desig- nated and at no other place, and the said license shall not be as- signable or transferrable. How- ever, a change of location shall be allowed to the owner of the li- cense upon the 'payment. to the City Clerk of the sum of $2.00, and upon application hidde to tilt City Council. Section 4. The City Clerk shall make a charge of $2.00 for each duplicate license issued to replace any license issued under the prd- visions of this Ordinance, which has been lost or destroyed. That no license shall be grant- ed and t this Ordinance or under any other Ordinance for a busi- ness or businesses to be conducted on the public streets or highways and it shall be unlawful at' all times to conduct a business on the sidewalks or highways of the City of Newport Beach, and any per- son violating this provision shall be deemed guilty of a misdemean- or, and upon conviction by any Court having jurisdiction thereof, shall be fined therefor in a sum not exceeding X20. ^,A0, or by im- prisonment in the city or county jail not exceeding twenty -five (25) days, or by both such fine and im- prisonment. Section 5. No license shall be p�ovisions of this Ordinance shall ippti§4 for any c:t:-:':'ng or fish preserving plant, livery or feed stable, public laundry where wash- ing is done for hire, hotel, lodging house, chop house, coffee house, bakery. restaurant, lunch counter, shooting gallery, billiard mom, podl, room, pocket billiard room, skkng rink, merry-go-round, bowling alley, fortune telling, clairvoyance, and kindred prac- tices, garage, creamery, auctions, auction house, junk dealers, wrecking 6OU5A; of §utotiiobile for hire, stands, or places on the pub- lic streets, or peanut vendors, tamale stands, or lunch wagons at stations, stands, or places od the public streets, or for any game, or for any wholesale or manufacturing business„ or for any factory, except on the prdef of the City Councii,of the City of Newport Beach, and whenever any person, persons, firm, copartner- ship or corporation, desires to open or keep any business spgc� fied in, this section, he, she, tHey or it shall petition the City Coun� cli to order a license therefor, which petition shall set forth the name of the applicant, the char- acter of the business and the lo- cation of the premises where the business is to be conductedt, p$nd on the hearing of said petition; the said City Council may grant the same in whole or in part, or may reject the same and no li- Ceilse shall be issued thereon ex- cept as ordered by said City Coun- cil. Where any business in this Wfibfi specified may be" ifle dangerous to or affect the public health, peace or safety, or becorite dangerous to surrounding prop- erty, the City Council shall reftts"t to grant the license. Should the City Council of said City at any time detefiiiifie that the premise's wherein any business described in this section is con- ducted, are not in good and sani- tary condition, or not properly drained, or have become danger- ous or affect the public peace, health or quiet, it may revoke its order requiring the license fdt such business to issue and no fur- ther license shall be issued there- on until such premises shall have been put in a safe, properly drain- ed and sanitary condition. Section 6. The rate of license for carrying on the pursuits, trade, occupation, avocation, employ- ment, business or calling speci- fied in this Ordinance shall be as follows: Section 7. The rate of license for conducting, managing or carrying on the business of a bath house where suits are rented or rooms are rented for the chang- ing of clothes, shall be $25.00 pet annum. .Section 8. The rate of license for every artist, agent or Cafl- vasser, soliciting, painting, re- touching or furnishing pictures of every description, where no rate is fixed by this Ordinance, and for every book agent, or canvasser shall be and the same is .hereby fixed at $3.00 per day. Section 9. The rate of license for conducting, managing or carry- ing on 'a billiard, bagatelle or pool table, except such as are used in private homes, $6.00 per annum, per table, and there shall be no extra license charged for engaging.==• in the business of soft,drinks, • i candies, cigars and tobaccos, it connection with said bcsim.ac However, such annual licensr. shat: ,not, in any case, be less than $15.00 per annum: The Clerk of the City of New- port Beach shall make il list of 'each such table mentioned, stand. ing in the place of business where the same is maintained, and charge' a `license whether said table is used or not. Section 10. The rate of license for conducting, managing or carrying on a bowling alley, $15.00 per annum, for each alley, whetMr the same be used or not, and for carrying on the business of a box - ball game or alley, $3.00 per an- num for each such alley in such game, whether the same be used or not. and in connection with said business and as a part - thereof, soft drinks, candies, cigars and to- bacco may be sold without the payment of further additional licenses. Section 11. The rate of license for carrying on the business of selling bread 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, the sum of $25.00 per annum. Section 12. The rate of license for every circus or menagerie ex- hibited within the City of New- port Beach, the sum of $100.00 per day, and for every sideshow in hhtutection thbl*eWith, the sum of $50.00 per day. if a separate;ad- mission fee is charged to such sideshows. Section 13. The rate of license for every show, concert, theater or similar entertainment, conduct- ed or presented within the City of Newport Beach, $100.00 per an- num, provided that when the pro- ceeds 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 for any such show, concert, theater or similar entertainment, shall be issued only upon permit from the City Council. Section 1.4. The rate of license for carrying passengers in aero- planes is hereby fixed at $25.00 per annum. Section 15. The rate of license for conducting the business of checking room or station, which shall be defined to mean a place at which baggage, parcels, valu- ables or clothing are checked for hire, shall be $15.00 per annum. Section 16. -The rate of license for conducting the business of card writing, $15.00 per annum. Section 17. The rate of license for maintaining a card table at which cards are played, $200.00 per annum for each such card table, and no such license shall be issued for a card table v.•ithout an order of the City Council quit, orizing the issuance thereof, an:i the City Council may in its dis- cretion deny any such apolicatkn, and the said City Council may on hearing revoke any license grent- ed for the conduct of card tables. if, in the opinion of the City Coun• cil, the same shall be detr'mentsl or dangerous to or affect the pub- lic peace, health, or quiet.' %c-t:. The rate of license fo^ . --Ang, managing . or co. �•:c the business of a pub - li� u:.::re :hall pr public.ballroom m do _in,v, academy,which is de- fine(' to be a place where dancing is ta-jtTht for consideration, shall be $2^).00 per annum; and ill this connection, no license shall issue for said business except on order of :he City Council, and the City Council may refuse to grant any such license or to order • liecnsc t :,crcon, and may revoke • liens- is wed after a hearing, if in its judgmcnt it shall determine that th.^ continuance of said Ii- comic would be detrimcnIal to the public hcal.h. peace or safety. Scetlon 10. ':'.e rate of license for en" :ducting, or carrying on the business of auto wrecking or maintaining a place at which autow,)bilcs are wrecked, shall be $250.00 per annum. . Section 20. The "rate of license for operating or running any cart, dra;•, wagon, truck or vehicle for the delivery of freight or goods for hi-e, or the delivery of rock, sand, gravel or dirt or any other material, for hire, for each cart; dray, wagon or vehicle, $15.00.per annum. Section 21. The rate of licetlse for the eperation of a laundry is hereby fixed at $50.00 per annum, and the rate of Yicense for oper- ating laundry wagons WMch shall be construed to be a vehicle oper- ator, run or driven front house to house, or to business phZes, hotels, restaurants, lodgir^ houses or apartment houses. within the City of Newport Beach, for col- lecting and receiving clothes, table or bed linen, and other ar- ticles to be washed and returne$, and unless such wagons are oper- ated in connection with a latiil$ry which has paid the aboie license tax, then the licensa for each laWn dry running or operating wagons in said city shall be $50.00 per annum, Section 22. Contractors shall be either a general or a subedn- traetcr. A general contractor shall be construe:1 to be a person, nat- ural or artificial, who enters into contracts to construct or repair buildings or structures of any kind in the City of Newport '-each, for a contract r ice or For a per- centage 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 sec- tion. every person, co- partnership, firm or corporation Who shall com- mence the erection or construction of any building or structure or shall repair in any manner any building or structure in the City of Newport Beach, shall be deem- ed a contractor as herein defined and shall be liable to pay the li- cense hereinafter provided for, providing that the contract prlee or the value of said structure or building when completed shall be more than $50.00, unless the own- er of said building or structure, or the owner of the land. on which such building or structure is be- ing erected, constructed or re- paired, shall first make c sworn statement that they are erecting, constructing or rzpairing such building or structure as the owner thereof, and that they have not entered into a contract either verbal or written, with any con- tractor or subcontractor, or any person whatsoever, to erect or construct or repair said building or structure, and that said bjild- ing or structure is being erected or constructed or repzired.by day labor at a stipulated wage (said wage to be specified in said state- ment) and further that ti-.ay are making such representations in order that said, persop will not have to pay the.license fees.here:d provided for and that each of said representations are true. The rate of license for a general cot: actor, other than specified herein. shall be $25.00 per annum, escogt plumbing contractors and plastering contractors shall pay $100.00 per annum.. and tile and Composition contractors 'shall pay $50.00 per annum. A subcontractor shall be con- strued 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 550,00 or more, and for the pur- .pose of this section, any person, co- nartnership, firm or corpor- ation who shall commence the "erection, construction or repair of any portion of a building or struc- ture, when the value of said erec- tion, construction or repair shall be $50.00 or more, shall be deemed a subcontractor, as herein defined and shall be liable to pay the li- cense all provided for unless the owner of said building or structure or the owner of the land upon which such building or structure is being erected, con- structed or repaired shail first 'make a sworn statement that they are erecting, constructing or re- pairing a portion of such building dr 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, construct or repair any portion of said build- ing or structure and that a por- tion of said building or structure is being erected, constructed or 'ed by day labor at a stipu- lated wage, (said wage to be spec- ified i,i said statement,) and fur- ther that they are making such representations in o ^der 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.... 100.00 For painting contractor ...... 25.00 For plastering contractor.... 100.00 For cement contractor........ 25.00 For brick contracto'r ........ :... 25.00 For We and composition contractor ........................ 50.00 For sheet metal contractor 25.00 For hardwood floor finishers and layers ...... ...................: ,25.00...." For carpenter labor contractor ..................� :... 25.00. For plate glass setters.....:.. 25.00 For chimney contractor...::. 25.0Q For all other subcontractors of any other trade or craft .............................: /25.00 .. • r 1 �J • Section 23. The rate of 1'+c: rcc for conducting the business o` , parking place or station, and which is defined to be a plate or station at which automobiles arc `received for the purpose of being parked for hire, shall be $15 .00 per annum, provided, however. such parking place or station shall not be on two distinct and sepa- rated parcels of land, and for each guGh ,distinct parcel, . a license of $15.00 per annum shall be paid. Section 24- The rate of licenso for conducting the business of a barber shop where but two chair.9 are used, $15 -00 per annum, and for each additional chair used, $5.00 per annum. If a manicurist is employed in connection with said barber shop. an additional license of $5.00 per annum. Section 25. Every wagon, or vehicle liable for the payment of a license under the prdvisions of this Ordinance shall have a num- ber printed or painted tk:ereon or attached thereto in some conspic- uous place in plain arabic figures of not less than one inch in length. and of a proportionate width, and of- such color as to be readily distinguished, which number sliall be designated by the Chief of Po- lice who shall keep a record thereof. Section 26 =The rate of license for carrying on the practice or profession of astrology, palmistry, phrenology, fortune telling, life reading, catomancy, clairvoyance, crystal gazing. hypnotism, me- diumship, prophecy, augury, din - ation. magic or necromancy, where a fee is charged - a ereceiv- cd for the practice or ekhibliion of any such practices, $10.00 per day. Section 27. The rate off- itehse for conducting or carrying on the business of a merry -go- round, cir- cular swing, scenic railroad, ferris wheel, aeroplane glide, swing or other similar device or dodgem, or anything of a similar nature. $100.00 per month, except where these businesses are connected with the "fun zone" business as hereinafter defined. Section 2>t- The rate of license for running a "fun zone" shall be $250.00 per annum; and a "fun zone" is defined as a place of amusement tinder one manage- ment and on lands that are con- tiguous Where amusement is furn- ished to the public, including ferris wheel. merry -go- round, cir- cular swing, scenic railroad, aero- plane glide, swing or other similar device or dodgem, games of skill, and penny arcade, and other games and devices of entertain- ment and amusement. but ex- cluding therefrom the operation and conduct of a restaurant or eating place. Section 29. 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 30. The rate of license for carrying on the business of a pawnbroker, or conducting a pawnbroker's shop shall be $120.00 per annum. Section 31. The rate of license for carrying on an auction house or selling goods, wares or mer- chandise at auction shall be $35.00 per day. Section 32. The rate of license for selling or contracting to sell articles of wearing apparel. dry - goods, fancy goods. notions, jew- elrv, cutlery. groceries, harness. pianos, organs. machinery of all kind, hardware, tinware mill products or any merchandise of whatsoever class or character from licuse to ho ^r.: cr upan C.._ publir -nets and not to persons regi:lariv eneagrd in carrying on a business in the city of New- port Beach. for the wholesale or retail of the above mentioned articles of personal property. and at their respective Places of busi- ness. $100.00 per annum. Section 33. The rate of license for every solicitor., peddler. or huckster of every glass and char- acter, excepting drummers who deal directly with established places of business in, the City of Newport Beach, $100.00 per an- num. and every such person shall. before engaging ,in the business of soliciting, peddling or hawking 'wares mentioned in this section. procure from the Chief pf Police a number which sliall he displaved in a conspicuous place upon the wagon. vehicle, cart. basket or other receptacle used for the con- veyance of goods wares and mer- chandise to be sold or neddled in the City of Newport Beach. Section 34. The rate of license for carrying on the business of a peddling machine and using music or other device for at- tracting crowds, $100.00 per quarter. Section 35- The rate of license for conducting a photograph gal - iery, shall be $15.00 per annum. Section 36- The rate of license for conducting the business of a pplaning mill or lumber yard and building supplies shall be $15.00 per annum. provided, however. if the two businesses shall be con- ducted together then the license fee shall be $25.00 per ann'_a` -. Section 37- The fate of license for conducting the business of a restaurant. eafe. lunch counter, cafeteria. shall be $15.00 per an- num, and where said restaurant shall pay a Federal amusement tax the license for said business shall be $100.00 per annum in- stead of $15.00 per annum. Section 38. The ra'e of license for a lunch stand or Street of-license I s hereby fixed at $2.00 per day, provided that no lunch stand or street kitchen shall receive a li- cense except upon permit of the City Council, and in this connec- tion. a lunch stand or street kitchen shall be construed to mean a stand or kitchen at which pre- pared food is sold or food is cooked for immedia'e sale, and the lunch stand or st:-eet kitchen is portable and so constructed that it can be moved from place to place. Section 39. The rate of license for conducting a broker's business, real estate, fire insurance. stocks and bonds, or any other kind or class of broker, shall be $15.00 per annum. Section 40. No license shall be granted for engaging in the busi- ness of selling tamales, sand- wiches, ice cream. peanuts. beans. candies or other edibles of any description from wagons, hand- carts, trays or baskets upon the public streets. or vending of any kind. Section 41- The rate of license for engaging in, conducting or carrying on the business of shoot- ing gallery. $15.00 per annum. Section 42- The rate of license for conducting a skating rink shall be $100.00 per annum. Section 43. The rate of license for carrying on or conducting the business of a telephone exchange. shall be $15.00 per annum, unless operated under a franchise. Section 44- 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 45. The rate of license for all street exhibitions shall tie $25.00 per day and no license shall be granted except by special per- mit of the City Council. , Section 46. The rate of license for conducting the business of a dry cleaning or clothes pressing establishment which shall be "con- strued to be a place where clothes are cleaned, renovated or pressed, shall be $50.00 per annum, and any laundry wagon that collects or receives clothes to be cleaned, renovated or pressed, shall be $50.00 per 'annum, and any laundry wagon that collects or re- ceives clothes to be cleaned, reno- vated or pressed shall in addition to the license hereinbefore un- posed upon any such laundry wagon, pay an additional license of $50.00 per annum. Section 47. The rate of license for conducting a fish market "shall be $15.00 per annum. Section 48. The rate of license for conducting the business of smoking fish shall be $15.00 per annum and the rate of license for conducting the business of salting, pickling, preserving or canning fish or their by- products shall be $100.00 per annum. Section 49. No license shall be granted except upon permit of the City Council for the conduct- ing of a fish market or of a place at which fish is smoked, salted, pickled or otherwise treated. Section 50- The rate of license for conducting the business of sell- ing new or used automobiles shall be $25.00 per annum. Section 51. The rate of license for conducting the business of publishing, circulating and dis- tributing by carrier or otherwise, a newspaper in said city, or con- ducting a printing shop, shall be $15.00 per annum. Section 52- The rate of license for maintaining a captive balloon for carrying passengers for hire shall be $25.00 per.. annum. Section 53- The rate of license for managing or Carrying on the business of selling or distributing ice cream at wholesale shall be $15.00 per annum. Section 54. The rate of license for conducting. managing, or carrying on the business of post- ing. sticking, tacking, affixing or painting bills or signs to or upon posts, fences, buildings or other structures excepting bill boards or advertising sign boards, the rate of license shall be $1.00'.per day • • • per person engaged in any such business, provided, that if the license shall be paid monthly in advance, then the rate of license shall be $10.00 per month. Section 55. The rate of license for the operation of a motor or other vehicle for the purpose of sharpening and grinding knives, axes, scissors or other cutlery, $1.00 per annum for each such vehicle. Section 56. The rate of license for operating or maintaing a blacksmith or machine shop, where the same is not used in connection with a garage, $25.00 per annum. Section 57. The rate of license for the business of junk collector, junk dealer or maintaining a junk yard, $100.00 per annum. Section 53. The rate of license for conducting the business of re- fining, reducing or distilling pe- troleum, shale oil, tar or any other hydro- carbon substances, shall be $200.00 per annum, for each such refinery or distillery, and no li- cense snau oe granted for the conduct of such business except upon permit of the City Council. Section 59. The rate of license for conducting or maintaining a shoe shine or boot black stand, $5.00 per annum. Section 60. The rate of license for maintaining a beauty parlor shall be $15.00 per annum. Section 61. For every person conducting, managing or carrying on the business or engaged in any business hereinafter enumerated, shall pay a license of $15.00 per annum. Architect Assayer Attorney at Law Auditor Accountant Chemist Chiron_ odist Civil, Electrical, Chemical or Mechanical Engineer Chiropractor Dentist Optometrist Occulist Optician Osteopath or Osterpathist Physician Surgeon Sign Painter Veterinary and each person carrying on or engaged in the business of treat- ing, curing, administering to or giving treatments to the sick, wounded or infirm for the pur, pose of bringing about their re- covery, by any method or pur- sunat to any belief, doctrine, or system other than those herein - above specifically named, and charging a fee or conk lion therefor, the sum of $15.F19 .per annum. Section 62. Every person, firm or corporation who shall engage in the business of searching public ,records in said City shall pay an annual license tax of $15.00. Section 63. Every person, firm or corporation who shall con- duct a veterinary hospital in said City shall pay an annual license tax of $25.00. Section 64. For every person, firm or corporation who shall engage in the automobile ,gv:age business, the annual lic@T'se fax shall be $25.00. - Automobile garage is hereby de- fined as and declared to be a place where automobiles are sold, stored or cared for, cleaned or re- paired, and where the necessary machinery is kept for the purpose of repairing automobiles and where automobile accessories, gas- oline, oils and supplies are kept and sold. Every person operating, con- ducting the business of service station dealing in oils or gasoline, petroleum products, or other auto- mobile or motor vehicle acces- sories and supplies shall pay an annual license of.$25.00. Section 65: For the business of conducting or operating a can- ning or preserving plant, the li- cense tax shall be $100.00 per an- num. Section 66. For every person, firm or corporation operating or fpnducting a dairy, the license tax shall be $25.00 per annum. Section 67. For the business of conducting a carnival or circus, other than .a fun zone as hereto- fore defined, in the City on any occasion, the license tax shall be $100.00 per day. Written appli- cation must be made to the City Council for such license, and the City Council under its police pow- ers reserves the right to reject any such application, and shall further have the right to inquire what shows, exhibitions or enter- tainments are Proper, and its ac- tion in all respects shall be final and conclusive. Section 68. Every person, firm or. corporation carrying on a wholesale business in said City shall pay an annual license tax of $25.00. Section 69. Every person, firm or corporation who shall engage in the business of contracting, grading or laying streets, side- walks, drains or sewers in said City shall pay an annual license tax of $100.00. Section 70. The conducting and carrying on of wholesale or retail establishments, stores, or places of business of every kind and de- scription not otherwise provided for in this Ordinance, where articles or personal property for use or consumption are loaned, rented, let, served or sold as a business, shall be known and des- ignated as a general business, and the license for conducting the same shall be designated a gen- eral business license; provided, however, that where a general business license is granted, the holder thereof shall not have the right to conduct a restaurant in connection with or as a part of such general business, without procuring the restaurant license provided for in this Ordinance, and providing further, that where a general business license is issued and the business conduct- ed thereunder consists in the sell- ing of fruits, confectionery, gro- ceries, drygoods, hardware and other articles of general mer- chandise or the loaning or the renting of fishing tackle, or other articles of personal property the holder of the general business li- cense to so conduct such general business shall not have the right to conduct in connection there- with a restaurant or limch counter without procuring the restaurant license provided for in this Or- dinance; provided, that the holder or any general business license who shall in connection there- with engage in any other trade, business, calling or occupation for which a license is imposed by this Ordinance, then he shall pay the additional license required by this Ordinance. Section 71. For every business, trade, calling, occupation, 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 an- num, and where in this Ordinance any business, trade, calling or occupation can be cr is construed to be licensed, under two sections, and in such sections a different rate of license is imposed, then the highest rate of license shall be deemed to be the license fixed for such trade, business, calling, or occupation. Section 72. Every person, firm or corporation not specifically mentioned in this Ordinance, con- ducting, managing or carrying on the business of running, driving or operating any automobile, auto- mobile truck, automobile tank wagon or any other motor vehicle used for the transportation of bag- gage, freight, household goods, merchandise, lumber, brick, ce- ment, oil, rock, or gravel, shali pay an annual license tax of $20.00 for each such motor vehicle. Section 73. The rate of license . for carrying on or engaging in the business of renting row boats, canoes or out -board motor boats, sail boats, in -board motor boats for hire, either as owner or opera- tor, 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 additional for each row boat, canoe, or out -board motor in ex- cess of five. Section 74. The rate of license for conducting, managing or carrying on, or engaging in the business of leasing or hiring charter boats for rod and reel fishing, either as owner or op- erator, or as the agent, servant or employee of another, shall be $15.00 per annum per boat. Section 75. The rate of license for carrying on or managing or engaging in the business of leas- ing, renting, or the hiring of boats to others, for taxi service, 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 boat in excess of five. Section 76. The rate of license for carrying on or engaging In the business of receiving and trans- porting persons within the City ,of Newport Beach, in boats or other water craft, for the purpose of affording such persons an oppor- tunity of viewing places of in- terest in and about, the City of Newport Beach, for recreation, at a consideration, either as owner or operator, or as the agent,, serv- ant or employee of, another, shall be $50.00 per annum -per boat. Section 77. The -rate of license ••. for managing or carrying on, or .engaging in the business -of re- i ceiving and transpo!r;ting persons,, .within the City of Newport Beach;. . E C� J for a consideration, In speed bats and sail boats, shall be $25.0G poi annum per boat. Section 78. 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 main- land into the waters of the Pa. Effic Oceaii, or within Newport Bay, shall be. $25.00 per annuir per boat, and in this connec ?:ion a live bait. boat, for the purr-^ of this Ordinance, shall be domed held and construed to mean n floating structure that receives apil transports persons in the Cit3 of Newport Beach, for the pur. pose of affording such persons an opportunity of fishing from suck structures, in the waters of the Pacific Ocean, for recreation, at a consideration, with live bait, and Which boat carries a live bait tank and pump, but such live bait boat shall not include charter boats as hereinafter defined. Section 79. The rate of license for carrying on or engaging in the business of renting or hiring boats to charter parties shall be $15.00 per. annum per boat, and in this Connection for the purpose of this Ordinance, a charter party shall be construed to mean and shall mean any person or persons who shall, for a consideration, hire a fishing boat or other vessel for a designated sum of money, for, a designated purpose and for a des- ignated time. Section 80. The rate of license for engaging in or carrying on the business of -a fishing, barge, as that term is hereinafter defined, shall be $100.00 per annum per barge, and in this connection, for the purpose of this Ordinance, a fishing barge shall be deemed, held and construed to mean a floating structure anchored in the waters of the Pacific i Ocean, within the exterior bo:mdaries of the City of Newport Beach, for the purpose of receiving persons on board thereof for a considera- tion. Section 81. The rate of license for the operation or conducting of an ice manufacturing plant, or any business dealing in the sale of ice, either at wholesale or re- tail, is hereby fixed at $100.00 per annum, and the rate of license for operating ice wagons, which are hereby construed to be ve- hicles operated, run or driven from house to house, or to busi- ness places, hotels, restaurants, lodging houses or apartment houses, within the city of New. port Beach, for the purpose of selling or delivering ice, shall be $100.00 per annum, for each per- son, firm or corporation conduct. ing o: carrying on the business of selling or delivering ice within the said City of Newport Beach, by means of ice wagons, unless, how- ever, such ice wagons are operated in connection with an ice manu- facturing business which has al. ready paid the annual license ni $100.00. Section 82. The rate of license for engaging in or carrying on the business of selling at re Lail or at wholesale, cut flowers, rrces, shrubs, vines, growing flowc-,s oz plants, floral pieces or displays, potteries containing plants ov flowers, eliOl be $15.00 per an. num, and in this connection, the engaging in or carrying on the business herein specified, shall be construed under the terms of this Ordinance as a separate and dis- tinct business and no person shall be entitled to engage therein oz carry on said business without ob- taining a separate license there- for. Section 83. The rate of license fo' - r.gagi:.g or carrying on the business of soliciting orders for flowers, trees, shrubs, vines, growing flowers or plants, floral pieces or displays, or potteri -s containg plants or flowers, or peddling flowers, {fees, shrubs, vines, growing flower`s or plants, floral pieces or displays, or pot- teries containing plants or flow- ers, from door to door, is hereby fixed at $25.00 per annum. Section 84. The rate of license f Cr ,engaging in the business of riducting or operating hotels, apartment houses, rooming houses, boarding houses, motels, auto courts, bungalow courts, and inns, where not more than five units are rented to accommodate guests, roomers, and tenants, shall be $15.00 per annum, and for each separate accommodation over five $2.00 per annum additional to said fees. Seetloij 85. The rate of license for operating or conducting the business of renting bicycles to the general public in .the City of Newport Beach shall be $50.00 per annum. Under the terms hereof, 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 de- scription. Seeilon 86. The rate of license for operating mz'sic machines, as that term is hereinafter defined, in any place of business in the City of Newport Beach, shall be $5.00 per annum, for each music machine or phonograph installed, attached o- ^'--rated in the City of Newport Beach. The term ...m',:sic machine" as used in this Ordinance is intended to mean and shall mean any machine which has, recordi:igs, either music or talking, and which shall produce music or talking, peon the placing therein of a coin, disk, slug or other representative of value. Section 87. Foie each mer- chandise vending machine oper- ated in the City of Newport Beach by the insertion therein of a coin of the Value of $.05 or more, $2.00 per annum per machine; and for merchandise vending machine's Where coins are inserted of the value of less than $.05, the sum of $1.00 per annum per machine. Section 88. All machines known as "penny machines' and which are not specifically enumerated or mentioned in this Ordinance, and where pennies are inserted therein for service, shall pay an annual license of $1.00 per machine. Section 89. The rate of license for the business of operating or conducting the business of placing punch boards in the City of New. port Beach, shall be $150.00 per annum; and for every punch board in excess of fifty, $3.00 in ad- dition to the license fee of $150.00 as aforesaid. Section 90. Any jerson, firni or corporation conducting more than one business in the same store room, shall not be required to pay more than one license tax, provided, however, such additional business so conducted by him shall vided for in this ordinance. tomarily conducted in connection with such other business, and pro; vided further, that those conduct- ing different kinds of games un- der one business shall pay, for each different game so conduct= ed. Section 91. It is not intended in this Ordinance to license any business, occupation or profession prohibited by other Ordinances of the City of Newport Beach, and such other Ordinances prohibit- ing certain businesses, occupa- tions or callings in the City of Newport Beach shall remain in full force and effect and shall not in any way be, amended, re- pealed or modified by the provis- ions of this Ordinance; this Or- dinance being a license ordinance and licensing only such businessesi occupations and professions as are not prohibited by other Ordin- ances of the City of Newport teach. Section 92. this Ordinande shall not repeal ,or amend; any ordinance or ordinances of the City of Newport Beach except Or- dinances numbered 393, 340, 371, 416, 446, 458, 460, 471, 475, 476, and 502 of said City, 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, occupa- tions or professions shall remain in full force and' effect, and in the event that there shall be a conflict between this Ordinance and any other Ordinance regu- lating, licensing or prohibiting businesses, 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 93. The licenses re- quired by this Ordinance shall be annual licenses unless otherwise specified, and shall be paid in advance, and no rebate given for any unused portion of the term for which they are issued, and shall date from the First day o €, July of the fiscal year in which they are issued. $ectiob 94.. If any section, sub-, section, sentence, clause, or phrase, of this ordinance is hereafter for' any reason held to be unconstitu- tional or un- enforceable, such de- cision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Newport Beach hereby. declares that it would have passed this ordinance, and each section, sentence, clause, or phrase, hereof, irrespective of the fact that any one or more other sections, sub- sections, sentences, clauses, or phrases be declared unconstitu- tional or un- enforceable. Section 95. If the licenses in this ordinance provided for shall not be paid on or before the 15th day of the month following the date when they shall become due, 0 i 1 L_J • P J then a penalty of 25% of the license tax due and payable shall be added thereto, and no license shall be issued until such penalty shall have been paid, and in ad- dition thereto, such delinquent shall be liable for prosecution and the penalty herein provided, for failure to pay his license pro= vided for in this ordinance. Section 96. This Ordinance shall never be held or construed as licensing or permitting the carrying on of any unlawful trade, calling, occupation or game and every such trade, calling, occu- pation or game is prohibited and no license shall be granted or issued therefor. Section 97. Any conviction of any holder of any license herein mentioned for breach of this Or- dinance or of any conviction of any such person, firm or cor- poration for failing to conduct the business so licensed in accordance with the Ordinances of the City of Newport Beach, or statutes of the State of California, shall ipso facto work a forfeiture and can- cellation of such license and the same shall not be re- issued with- out a new application being made therefor as provided for herein. Section 98. Ordinances numb- ered 393, 340, 371, 416, 446, 458, 460, 471, 475, 476, and 502, of the City of Newport Beach are hereby repealed. Section 99. In no case shall any mistake made by the City Clerk or the Chief of Police iii stating the amount of a license prevent or prejudice the collection for the City of what shall be actually due from any one carry- ing on 'a trade, calling, profes- sion or occupation, subject to a license under this Ordinance. Section 100. This Ordinance shall be published once in NEW- PORT BALBOA NEWS - TIMES, a newspaper of general circula- tion, 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 first day of July, 1946. The above and foregoing Ordin- ance No. 548 was passed at a regular meeting of the City Council of the City of Newport Beach, held on the 27th day of May, 1946, by the following vote, to -wit: AYES, Councilmen Allen, Siler, Isbell, Robertson, Reed. NOES, Councilmen None. ABSENT, Councilmen None. The above and foregoing Or- dinance No. 548 is approved and signed by me this 27th day of May, 1946. O. B. REED, Mayor of the City of Newport Beach. Attest: FRANK L. RINEHART, City Clerk of the City of Newport Beach. Pub. June 4, 1946. . 40 • •.