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HomeMy WebLinkAbout1952-10-14; City Council; 6005; Regulate certain businesses/enterprises, fix fees, license & collectionI: I ---00000--- !the City Council of the City of Carlsbad, WS followst SECTIQN 1 DEDIHITIO:& That for the purposes of fined in this section shall be California, doeer ordain this Ordinance the words hereinafter de- given the respective meanings hereiadter in this section respectively ascribed to the=, and shall be interpreted and construed accordingly, 1. The singular skiall: include the plural. 2. 3, The masculine shal.1 include the feminine and neuter, The word versonw shall include person, firm, association, eo-partnership, joint adventure and corporation, whether acting as principal or agent, clerk, employee or servant, either for or on behalf of himself or for any other person, fir= association, CO-partnershiP, joint adventure or corporation, or otherwise, 4. Tl~e word *businessr shall include business, calling, vocation, 5. The word *city* shall mean the City of Carllsbad, in the County 6. The word *comemeis shall inclade commence, begin, initiate, profession, exhibition, show, enterprise an& oocnpation. of 8an Diego, State. of California, start , open and establish. The word %onduct* shall include commence, eonduet, transact, maintain, prosecute, practioe, do, operate and carry 019. 8. Whenever the words 'CiCounciP* OT *City Council* are used in this Ordinance they shall mean the City Council of the City of Carlsbad, Cali- f'orada; the words "City and "Licensa Colleetos* and *City License Collectorw shalx mean the City Clerk of said City and his authorized assistants, deputies and represent es; the words "Chief of Police* shall mean the Chief of Police of' said deputies, officers and represen€a€ives; the words Tire Chief* shall mean "N i %he Chief of the Fire Deparltment 'of said City and his authorized assfs- s, deputies, inspectors; and representatives; and the words FBu5Xdhg Inspector" shal1 map3 the Bailding Insgector of said City and his authorized assis€adts, deputies, inspectors and representatives, * mean every apparatus or device in, upon or by which any person or property is or may be transported or drawn upon a public highway, excepting boxes, trays, or receptacles carried by hand and also excepting any appara%t;rs or device used exclusively upon stationary rails or traaks; provided, however, that for the purposes of this Ordinance a bfGycle shall be deemed a vehicle. 9. Whenever the o~ord,~~vehicls~ is used in this Ordinance it shall IO. 'Fhe words "subjeot to special permit, from the Council to be l"irst obtained" &mlX mean that the City Clerk is sot to issue to an$ applicant any license to which such words relate QP to which same may be made applieable hereinafter unless the City Council; of the City of Carls- bad, California, shall have first mth tion or written permit, the issuance of such Iicense or licenses. 11. The words @solicitor" or *canvasserw shall mean and be construed to mean any person who goes fron house to house, or from place to place, In.the City of efarlsbad, selling or taking orders for, or offering to ' sell or take orders for, any goods, wares, or merchandise, or any article for future delivery, ~r for any service or servicFs to be furnished or performed in the future, or for the making, raamfaetnre, treating or re- pairing of any article or thing whatsoever, for future delivery, -2- /I / I 3.2, The words @deposit solicitora or 'fideposit canvassere shalX mean any person who gois from house tu house or from place to place in the City of CZarlsbair selling or taking orders for, or offering to sell or take orders for, any goods, wares or merchandise, or any article for future delivery, or for any service or services to be furnished or per- formed in the future, or for the making, manufacturing, treating or re- pairing of any article or thing whatsoever, for future delivery, and wh@ asks, demands, receives or a,ccepts any deposit of money or other article or itens. of value on the purchase price or oonsideratioa thereforl 13. The word er tern shall. mean the sale of goods, wares, or merchandise for the purpose of resale, and na sale thereof ta the ultimate consumer, regardless of quantity, shall be, Or Be construed to be, a wholesale transaction. 14. The word "circus"' shall mean and include any tent os canvas enclosure wherein are exhibited acts or feats of horsemanship, trained animals, clowns, acrobatic or trapeze performances, or such other forms of skill or amusement as are commonly given in rings and carabinations of entertainments, 15, "Ithe words %,Idwest skew" shall lean and include any tent or canvas enclosure wherein are exhibited the skill of the CorJboy, the Indian, the soldier, the scout or the pioneer, and the portrayal of early tvestem or frontier life. 16. The word or; term *peddlingw shall mean the sale of any goods, wares, or lraerehandise fron house to house, or from place to place, and at other than a fixed place of business. 17. The words @fixed place of business," "established place of business, at or "established business" shall mean and apply to those busi- nesrves which by the nature o.f their respective modes of operation would clearly be classified as a @:permanent business"; in all other cases their status as a fixed place of b'ixsiness, established place of business, or established business shall be required to be proved by exhibition to %he license inspector or license collector of a bona fide written lease or rental agreement to the premises where such business is to be conducted, I. such lease or rental agreement to be for a minimum period of not less than three raonths, 18. The words *grosal receiptsu)-shall, as used in this Ordinance, neap1 the gross receipts for the calendar year, or portion thereof, and ' is defined as follows: The total amount of' the sale price of all sales; %he total mount charged or received for the perfomance of any act, service or employment of whatever nature it may be, whether such service, act or employment is done as a par% of or in connection with the sale of goods, wares or raerchan- dise, or not, for whiek charge is made or credit allawed in- eluding all receipts, cash, credits and property of any kind and nature, any amount for which credit is allowed by the seller to the purchaser without any deduction therefrom on account of the cost o:P the property sold, the eo& of the material wed, labor or service costs, interest paid or payable, losses or any other expense whatsoever; provided, thaf, cash discounts allowed or taken on sales shall not be included, ana ia this Ordinance shall not be construed to impose a tax upon any business or transaction which the City is not auth- orized to license or '&ax under any law of the State of Cali- r of the United States. Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser, and sach part of the sales price of any property previons1.y sold returned by the parchaser to the seller which is refunded by the seller by way of cash os credit allowances @.sea or ta.ken as part payment on any property so accepted for resale, shall be deducted for the purpose of deter- mining gross reeeipts hereunder. -4- That it shall be unlawful for any person to commence or conduct in the City of Carlsbad, Cald.fornia, any business specified, aasled, desig- nated, provided for, or referred to in this Ordinance without first having procured a license from sttid City so to do as provided in this Wdinanee, or at be to without complying with each and all of the requirements or provisions any other Ordinance of said City now existing adopted by the City Cotxacil of' said City, and which refers or relates sue@ Business; and the eommenoiag or conducting of any such business which ='fT hemafee= without having proctxred such license or without having complied with a~y and all eru& requirements violation of this Ordinance for each and every day that such business is so commenced or conductied. provisions shall constitute a separate mcTxo'p(6 34 LICEMSE :FEES ARE DE3TS TO TKE CITY, !That the arnoant of any license fee iaposed by this Ordinance shalh be deemed a debt to said 'City, and any person commencing or conducting any such business without having a license hereunder so to do shall be liable to an action by said City fa any court of competent jurisdietion for the amount of the license fee imposed by this Ordinance on such %mine 8s. Thaf; all license fees hereunder shall be paid in advance in lawful money of the United States of berfea, at the office of the City Clerk in said City. That it shall be t'le duty of the City Clerk to prepare ime duplicate 8: flcense under this Ordinance for every person liable to pay a license fee hereunder. the period of time oovered thereby, the name of the persoa to whom isstredl the business licensed, and the location or place where such business is to be commenced os conducted, and upon a detachable portion of such Ea& such, license shall show the nmber of such license, e .. license shall also show the number of such license and the amount of the fee paid €herefor. All licenses hereunder shall be signed by the Eyer of said City and by the City Clerk; provided, however, that the B%yor my sign such 1 enses by his printed facsimile signatureo When the required license See has been paid a,nd all other provisions of thi =* of my other applicable Ord.inance of said dity have been complied with, the City Blerk shall issue the original license provided for herein to the licensee named in such license, and shall retain a duplicate copy of such license on file in this office. \ SECTCIQE 60 LICEXSES ETOT COhvCLUSZVE'. _, That no error or mistake on the part of the City Clerk or otherwise ir% the deQemination or stating or collection of the mount si any 15- eense fee shall prevent or prejudice the collection by or for the City of what shal3. Business, subject to a license hereunder; nor license hereunder authorize the commencing or conducting of any Business in any zone, district, or 'location. withfa said City contrary ts the provisions of any present or future zoning or other ordinance of said Ci€y. aetually &e from anyone co 11 the issuance of my SECTZOW 7. TRAXWERS PLACE TO PLACE* That all licenses granted or issued hereunder sblX be personal to the respective licensees therein named, and same shall not be in any manner transferred or assigned from one licensee to any other peraoa or' licensee; provided, however, that the License Collector, upon written application of any licensee therefor, and the papent of a transfer fee of $1.00 to be paid into the general fund of said Ci€y, mayr subject to the other provisions of this Ordinance, authorize the transfer of any license e hereunder covering a fixed place of business from one location: within said City to another loca€ion thereinr within said City to another loca€ion thereinr SECTIOBT 8. DUPLICATE LICBNSES. That the City Clerkntay on receipt of an affidavit filed ip the office of said Clerk, by or on behalf of any licensee, stating that any license issued hereunder has been lost or debtroyed, issue a duplfeaee of sucb license to the Iieensee therein named. A charge of #l.Wl shall be made for each such duplicate license issued, which said sum shall. be paid into the treasury of said City to the credit of the general fund thereof . SECTIOET 9, f3EPARAm-t HASTER apaD BRANCR LICENSES. That a separate Zfcense hereunder must be obtained for each branch. establishment or separate place of business i@ whioh the business lieen- ses hereunder is eomrnencetl or conducted within said City, and each license shall authorize the licensee named therein to commence or conduct only tht business described in such lieense’and only at the location or place indicated therein; provided, howeverl: that where a; license is herein imposed on any business the gross receipts or sales of‘ whicth are made the basis for fixing the amount 0f the license fee of such license, a separate license fee sb,P1 be paid for each branch establishment or separate place of business; in which such busiaesa is commenced or con- ducted, based upon the gross receipts or sales of such branch establish- ment or separate place of ’business; and provided further tkaQ where a license is herein imposed on any bnsiaess where the nmbes of persons or operators, or other units esnployed such business is made the basis of fixing the amount of the license fee of such license, a separate llcense fee shall be paid for each branch establishment or separafe place of business in whieh Such business is corrimenced or conducted, based upon the number of persons or operators, or other units emp1”oyed in such branch establishment or separate place of business. It is provided furthe:r tha€ where a lieensee obtains a license which is based upon gross -receipts or sales, and such licensee has more khan one separate place of business within said City that such licensee nay elect to designate one of such places of business as his maim office or main5 business, and request a master lioense therefor, and in such ease shall designate the o-them as branch places of business under such master license, In such ewes the license fee shall be the rate pre- scribed by this 0rdinance for such first or maim place of business so designated, plus the sum 01: &,OO for each additional branch or separa€e -- ' .r I' . . .. e 0 place of business. In all. such cases, however, all gross sales or receipts from suck rzlain of'fice or place of business and each and all such branches mast be incl.aded for the purpose of determinfng the master license fee hereunder, SBCTTOE 10.- DATE& That excep% as hereimfter proyided, the license fees required By this Ordinance shall be due and payable to said City in advance as follaws: Daily licenses, each day: Weekly licenses, on Xoonday of each week; Xoathly licenses, on the first day of each and every calendar month; Quarterly licenses, em the first day of Jannary, first day of April, first day of July, and f%ss€ day of October of each gear; &mal licenses, on t'he first day of January of each yeart excepting the year of' the adoption. of this Ordinance the due date far annual 1,icenses shall. be the effectire date of thfs Qrdfnancee . That no greater or lesser mount of nioney shall be charged QI re- ceived for any license hereunder than is speeffied therefor in thfs Ordinance, and except as hereinafter provided no license shall be granted or issued for any period af tiae other than the full then current li- cense period provided herein for such license. that in cases where a portion of an annual Ucense period has elapsed prior to the time Iawf'uf application is made for a license, that the amount of terly basi I€ ipJ provided, however, feet payable shall in suck cases be apportioned 011 a quas- neh apportionment" to be computed by dfvidiag the awber of days rerisaining in the calendar year by the nwmber 365, and then selecting the nearest quarterly percentile of O$, 257& 5€)$, 755 @r low as the basis for computing the time for which the tax is to be paid, "he tax shalX be computed 'by dividing the annual license tax by 2he quarterly percentile as above detemined, 1 SCTTa 120 DISPUY OB ' LICEE;TSES I I A, ,,,, a ,.,_ ~ .r -.( -,.., That every person a license hereunder and commencing or con- ducting the business Vnerein nentionea at a fixed place shall keep such license [except the detachable p f'erred to in Section 5 above], eonspicuanslgr posted and exhibited while same is in force in said place of business, and every person having sack a licease and not having at fixed place of bctsiaes8 shall carry or trans- port such license with him. at all €imes while eondacting such business. SECTIQM 13, BXEZBITIPifG LICEmSES. That every person having a license hereunder shall exhibit the same _I ~ to the City Clerk when applying for a rem=% thereofz and whenever requested to de so by any police afficer 0f said City or by any officer or representative of said City authorized to issue, inspect or eollest Ii e ens es . SECTTOX 2.4, DLSPJXY OF LICENSES OH VBHICLES AD EQ.UII'ld3Z"Po That in all instances, in which a license is required hereunder for the use of any vehicle, equipment, oontrivance or device, the license shall be attached to said vehicle, equipment, contrivance or device, in a conspicuous place. PUMISWXT DOXS XOT VAIVE LICZESE AlfOKlEr "Phat the conviction md punishment of any person for commencing or conducting any business without a license hereunder shall not exease OF exerry?t such person from the payment of any license fee due or unpaid hereunder at the time of mch conviction, and nothing herein contained shall prevent a criminal prosecution for any violation of any'of the pro- visions of this Ordinance,, SECTIfBI 16, FALSE S!I?AT3iXENTTS. PROHfl3I'PED. It shall be unlawful for any person Bo wilfully make any false representatios or statements to the license collector of his authorized deputy with reference to any of the amounts QT numbers required to be stated or furnished mder this Ordinance. ?he number, or mount, or .- , .. .I . . .I.'< .. designation af the clasaifieation of business as set; forth in license issued.hereundpr and accepted by the licensee, ahall be prim facia evidence af the statements and representations made to snch Xi- cense collector, or hfs authorized deputy, with reference to the above matters, or any of them, by the applicant, at the time of the issuams of any such lfeense. 'Ha0 such sktement sha,ll be conclusive upo~e the City, or upon any wise, and the same shall miot prejudice the right of the said Ci€y to re- c~7er my amount that may be ascertained to be &ne from such person In addition to the amount as stated or shown by such written statemene to be due in case such statement be found to be incorrect. The correctness of a3.1 such statements shall be subject to audit ad verification by the City Clerk, or his properly authorized deputy, who are hereby authorized and empowered to inspect and audit the books and reeords of any and all pemons Licensed or applying for a license to commence or conduct or conducting any business im. this Ordinance speei- fied or referred to, or required to be'licensed hereunder* Ell statements made pursuant to the provisions of this Section shall be deemed confidential ~PZ character and shall not be subject to public inspection, or to disclosure, except in a proper proceeding be- . fore the City Council or i~ competent' court or tribunal* SXCTIW 17. EWEPTIOES 0 The Ucense prescribed 5~ this Ordinance shall no€ be required oft [a;) Any person engaged in any bus5ness which is limited to the sale of hay, grain, wood, fruits, Buts, vegetables, fowls, eggs, flowers, bulbs, or other farm, orchard or horticultural products, if the same were actually raised or produced by the seller; provided, however-, that such seller on demand of the C:Lty Clerk, shall furnish to said Clerk hie that they were SO raised or produced. - 16 * ' L I.' ,.,,._I . . 9 ._ (b) .Any bnsinesa which is exempt from the pspent of license fees to mnicipal eorporatians under, or on account of, or by virtue of, the provisions of the eonstitation or laws of the United States of ArUerica, or of the State of California. (e-) Any business conducted in the City af Ca,rl.sbad by a corpora- tion, company, person or entity whereby the City of Garlsbad receives money under amitten franchise, insofar as it affects that business conducted under such franchise agreement. (6) Any person who serves solely in the capacity of an employee; however, the word nemployee@ shall not be construed to include a person who is self-employed, nor shall it be construed to include a person who is an independent contractpor. SECT1037 18. CHARITAEJJl, FRATEFKRAL, EDUCATIONAL, PILITARY, ROR- PROBIT BUSIK!Z!ZX3 EXXHPT. That except as hereinafter provided is this Ordinanoe, the provi- sions of this Ordinance skiwl1 not be deemed or eonstrued to require the payment of a license fee to commence or conduct any business which is conducted, managed, or carried on wholly for the benefit of charitable, fraternal or educational purposes, or from which profit is not derived, either directly or indirec:tfy, by any person; nor shall any license fee be required of mutual companies thaE provide, for the City of Carlsbad, utilities that are common3.y provided for by a municipality; nor shall any license fee be required for the conducting of any entertainment, concert, exhibition or lecrture that is conducted at the request of, and sponsored by any religious, charitable, fraternal, educational, mili- tary, state, county, or mtinicipal organization, or any civic or service organization of the City of Carlsbad. a . e. .. , ~ ,. t , ,, - any applicant for a license under this Ordinance, any llcensee hereunder, and the City Clerk, or his authorized deputy charged with the issuance I of the licenses herein provided for, are un- able to agree with reference ta the classification of any business here- uncer or the a,mount of the license fee to be paid therefor, then and i that event any such applicant or licensee, or said City Clerk, may appeal to the City Council to hear and determine said matter or matters, Said appeal may be taken by merely addressing a communication to said CounciL in writing, briefly stating the question or questions involved, Saidl communication shall be presented to the City Council. at the next regular or special meeting of said Council after the filing of the same with the City Clerk, at which meeting the City Council shall hear sa& evidence with reference to the su'bject or gubjeets thereof as Bay be offered and ma^ eontinue said hearing from time to time, of said CounciX after hearing and eomidering sueh evidence. and ref erring ?%e findings and decisions to this Ordinance &alT be binding, final and conclusive as to the classification of the business and the amount of license Pee involved hereunder. Pending the hearing on any such appeal filed by an appIican% , for a license hereunder, no license shall be issvxed for the business involved in sach controversy unless the elassification assigned thereto by the City Clerk is accepted in the meantime and the lfcense fee there- for paid as herein provided, Such acceptace and payment sha31 be deemed made under protest and subject to decision ef the Council and such adjustment, if a~y, as the C'onncil may order, hereunder must be filed with the Clerk in: writing a8 herein contemplated within ten (19) days after the issuance of the license eonstitating the basis of appeal, and if not so filed within said pepiod of ten (10) dayst the sme shall be deemed waived, and thereafter shall not be considered by the Council. Appeals by a licensee SPICTIOE 20, DISPOSITIOE aF FEES. All moneys collected by the License Collector under this Ordinance shall be paid promptly to the City Treasurer of said City and credited ta the General mnd of the City of CaJrlsbadr S3ICTIIOH 21 POLICE COOPERATIOX* ,I .< ,.,. I c Ir Tt shall be the duty of the Chief of Police and all police offieers of saia City to cooperate with the City Clerk $n the enforcement of this Ordinance, and to arrest persons who fail or refuse to comply with the provisions thereof, or of ang of them. SECT1038 22. The granting of a license hereunder shall not be deemed in any- sense whatsoever 8 permit or license to conduct the business referred to there- in, in any unlawful. manner, or in any manner so as to constitute the same a nuisance, ., Ra provision of this Ordinance Gr any license issued thereunder, shall give any vested or other right pursuant to any license issued, or rera_uired to be issued, thereunder, either as to the rates or amouliltrs of license fees, ar the terms or duratiom af any licenses, OF sthervaise re- lating to any matters provided therein; and the rates and amounts of licenses, and the terms and durations thereof, and any and all ?aat%era provide& therein are and shall be subject to repeal, amendment, altera- tion and change to become effective at the end of any license period, and all licenses for such purposes shall be subject to nch ardinances of said City as said City may froB time to time establi p; provided that if any Ueense shall be revoked, the amount of the lice shalx be proportioned accordingly, and the proportional part for the anexpired part of the term of such license- shall be repaid to licenses within ten days after mitten demand, am at licensee*s option credited upon ay other license required of him. CTIOB 24, LICENSES IBVOLVIEJG FIRE WARD8 aEjg PUBLIC .SAFETY& Xotwithstanding any of the other provisiom of this Ordinance, in all those eases where applicatiorx is made for a license for a business - 13 - *.- .I .I _. Q '. which fro= its general nature, or the materials, goads, wares, merchan- dise or e &ties handled, or to be handled, constitutes, ia the opixaiosr of the, License Collector, a potential fire hazard, or public aafetg hazard, such License Collector may refuse to issue a Iicense for such business unless and until there shall have been filed with him, fa writ- ing, from the Building Inspector and from the Fire Chief, atatemerits approving the location indicated therefor, The applicant shall have tihe right of appeal to the Cit ncil from any refusal of the License Collector to issue any such license under the provisions of this Seetien, such appeal to be made and heard in substantially the sane manner as hereinabove conternplated for appeals under Seetioaa of this Ordinance, %hen any Ircense fee required hereunder becomes delinquent, a8 herein provided, a penalty of ten per cent (I€$) of the amount of the license fee herein designated for such license shalz be added to sneh lfcense fee, and mast be collected with such lieense fee before any such license shalY issue, Eor the purposes of determining penalties aceraing hereunder, the various ficenses provided far herein shall. be delinquent as followst (a) lsny daily license fee shall be delinquent unless the amount thereof, as prescribed herein, isr paid on or before the day upon which mcb. fee becomes payable. (b) &y monthly license fee shall be delinquent unless the amount thereof, as prescribed herein, is paid at or before five o'clock p.m. OE the 10th day after the same becomes due and gaya%le. fc) &y qugrterly license fee shall be delinquent unless the az"O thereof, as prescribed herein, 1s paid at Qr before five o*clock p.m. on the 20th day after the same becomes due and payable. fa) Any annual I-fcense fee shall be delinquent unless the "xnt thereof, as prescribed herein, is paid at or before five o*cloek pa, sa the 60th day dter the same becomes due and gayable. -1 la computing the time within which licenses, other than daily Xi- censes, becoae delinquent hereunder, the first day upon which any such license becomes payable heremder shall be included; In those cases where a mini" deposif, an a license 5s required to be made herein, the amount of sueh mini" deposit shall be considered as the basis upon which to compute the amount of the penalty herein pro- sided for, and whenever it shall subsequently be aetermined that an ad-ditional amount over and above such minimu= deposit shall be p hereunder far any sueh license, such additional. amount shall likewise become delinquent unless paid within the same respective periods for the respective types o.r classes of licenses above referred to, after such additional amount becomes so payable hereunder. Hothing herein contained, however, shall be construe8 as relieving or exempting any person from arrest or punishment for failure to procure for any business the license required hereunder, at or before the time of comencing to conduct the same, In the event any appzicant for a license, or licensee hereunder, fails to file any statement, report, affidavit or writing required ttndeE this Ordinance within the time specified within which the same is to be filed, and such failure continues for a period o? five (5) days follow- ing the expiration of such period, there shall be added to the license fee provided for the period asked, or concerning which such statement, reBort, affidavit or writing is required, a penalty+for sueh failure which shall be eqxxal to ten per cent (1%) of the amount of the lieease fee involved; or of $5.00 in cases where so license Pee is involved; and no license shall be ismed for such licensed Itmimess so applied for an- less and until such penalty is paid in altdition to the amount of the license fee prescribed herepxnder. SECFIQX 26. LICElVSE FmS TO BE AS DESIGXATED, That the respective mounts or rates of license fees to be paid to said city by persons comencing or conducting any business snbje& €0 a Ueense under this Ordinance shall be as in this Ordinance designated, and such respeetive amounts or rates of license fees are hereby respeet- ively designated, fixed and established for the respective businesses to which the $me respe ively relate,. Such respective mounts or rates of license fees for such respective brzsiriesaes are hereinafter set forth, desi&aatad, fixed and established in the following seoPliona of this Ordinance, SECTIOE 27, AWSEKEZTS HOT OTHERWISE PROVIDED FOR, (a) %or every exhibition, show, enteytaiment or game, other =an those 'herein otherwise specifically provided for, showing or playing in a tent or tents, where an admission fee is eharged, or a eontributiam solicited or received, $l50.€80 per day for the first day, and $75.00 per day for eaeh day thereafter. (b) Eon every street exhibition, or other outsfde exhibition, show or performance (not otherwise provided for in this Ordinance), where an admission fee or a collectitm is solicited, taken or received, or where any goods, wares or merchandise of my kind are offered for sale or given away, which is not otherwise specificalIy provided for in this Ordinance, $30.00 per day. (e) For legitimate theatrical or operatic performances, performing in a building provided for such performance, and which is not given, held or conducted as an incident to the conducting of any other business licensed hereunder, $15.00 per day. (d) For every person conducting, managing or carrying on any show or exhibition not otherwise in this OrBinance specifically provided for, where the maximum admission fee eharged does not exceed twenty-five cents ($0.25), Five Dollars ($5.00) per day; !Fhirty ($30cOO) Dollars per the (e) mere the maximum admission fee of more than twenty-five cent8 ($0.25) but not to exceed fifty cents (8O.50) is charged, Ten Dollars 10.00) per Bay: Sixty Dollars ($60.00) per month. fP) %here. a maximum fee of more than fifty eents ($0.50) is charged, Twenty Dollars ($20.00) per day; One Bandred Twenty Dollars ($120.00) per IllOZ3th. L (8) Eotfiing in this Section shall be deemed or construed to auth- orize the holder of any lrdense provided for In this Section to conduct, mintain or carry an any sther business in connection with such exhibi- tion or S~QW without first obtaining a license so to do,= this Ordirsaace provides, in the event that a license to conduct, maintain or carry on any such basiness is required under the provisions of this Ordinance. Each of the businesses referred to in paragraphs (a) to (g) both inclusive of this Sec%fon 27 shall be subject ta speeial permit from the Council to be first obtained. SECTIOK 28* KDVRRTISIEG XATTZR, DISTRIBUTION, ETC. D’is tr ibat izjg advert i sing bi 11 s , posters , pictures , 1 i thographs, ,I I. , . I I .r maps, plates, announcements, samples or other devices, or any other ad- vertising matter of any kind, $7.50 per day for each individual person engaged in such actual distribution; provided, however, that said Xf- cense fee shall not be payable when such distribution Is made as an in- cident to the conducting of any business regularly licensed hereunder, where the things, articles or matter distributed relate to or advertise only the business so licensed, or exclusively Lhe goods, wares or aer- chandise dealt in by such licensee; provided further, that any distri- bution made ar licensed to be made under this Section, must. be mads ia Pull conformity with the requirements of any other ordinance or ordint”& of said City relating thereto. or property are brought or transported to the premises where such sales are made for the purpose of making or conducting such auction ~cafes, $X50,00 per year (which shall include the right to the service of one auctioneer for sales at such place only)? provided, that no such license fee shall be required to bet paid hereunder for the selling at auction or at public sale of any goods, wares, merchandise or property beloagiag to the United States of America, or the State cf- California, or the County of Sa Biego, or the City of Carlsbad, or any other governmental agency, - 17 - or for any sale conducted under or by virtue of, or pursuant to the authority of any process issued out of or by any duly constituted city, county, state or federal court, commission or body, or for the bona fide sale of the household goods, live stock, or farming implements of the owner thereof, at the domicile of such owner, or of the, or amy, assets of the estate of a, decedent, or to the sale by the ty%"r thereof of the real or personal property upon which his home, domicile or business Ii- censed hereunder is located, SECTION '30. AUCTIOKEIXR. Auctioning real estate, goods* wares, merchandise, or property, or conducting any public auction, sale or sales not hereinabove otherwise provided fur in Seetioa 29 of this Ordinance, $15.00 per day, SeCTfOE 31. AUTO BUS, ETC. I, - - ,, Transporting of passengers by means of auto bases, motor buses or motor vehicles (other than taxfcabs), for each bus or vehicle used, 948,OO per year. SECTIOW 12* AUTO PAFiB. .r &uta parks, motor vehicle parks, or the business of parking auta- mabiles or motor vehicles, $3.00 per quapter, or $12.00 per year. SECltfOrEF 31. AUTOEOBILE WFGCKIXG Y;RKD. Comriencing or conducting an automobfle wrecking yard, or any yard where automobiles or other vehicles are torn down, broken up or other- wise taken apart for the salwging of a part or parts thereof, $TOO,OO per year, subject to special permit froa the GounciE to be first obtained, It Ts provided, however, that any license under this Seetion, shall not permit the licensee to sell or asselrible used motor vehicles if the sale or assembly of such used motor vehicles is eovered and regulated by other ordinance provisions of said City, and the persons engaged in such business nust qualify for a license and pay the fees prescribed for such type of' business according to such prmisions. SECTPOlEii 34. BAXBXJPT STOCK. . , I . e_, ? *,., r .,.. Selling, or offering for sale, a bankrupt stock of goods, wares, merchandise or property of any kind, transported into said f%ty fur the purpose of such sale, #liOO.OO per day; except only in cases where such sale is con.dueLeQ pursuant to the order of any duly eonstitnted city* county, state. or federal. court, body, board or tribunal. Before being entitled to a license under this Section, the licensee must have filed with the License Colleetor his written statement describing the particular bankrupt stock to be sold, and his agreement not to sell anything under such license applied for 'but the particular bankrup'c stock referred to in such statement; and that the license map be instantly revoked by the Iicense collector if stock other than that so describe6 is offered for sale, or if the advertising relating to such sale is untrue a& misleading. 4 SECTIOB' 3fi;. BILL POSTXWG, BILLBOARDS, ETCo- , .,~. JLdvertisfrmg by means' of signboards, signs, advertising structures, affixed to the preraises of a licensed place of business within the. fX.E;p sha13i not subject said advertising medium to a license tax; however, ad- vertising by billboards, sign boards or advertising structures or by pasting, hanging or otherwise affixing or disphying bills, signs, ad- following rater $1~.00 per year; far advertising structures 25 square feet or less, $8.00 For advertising structures exceeding 25 square feet, per year. 31n those cases where the business involves the affixing or displaying of bills, signs, advertisements, ox advertising of any kin& out-of-doors other than upon such billboards, sign boards, OF advertising structures, the sum mf 2.00 Pe= Year, SECTfIOX 36, HOIB OCCUPATIONS, Bome occupations when authorized under the zoning regulations of the I City shall pay licenses in accordance with the license fees provided far the respective types of business conducted as such home occupations not* withstanding the limited use gemitfed in such cases. * '. . 2 I' .' . .. - . .*' *I SECTIOE 17. BILLIARBS, POOL, PING-POBG, BOWLIWG, ETC. Billiard or pool room, ping-pong 'parlor, bowling alley, skee ball alxey, or other similar gme device or business, $7.50 per year for each table, alley, or device; provided, however, that the foregoing rate shall not include or authorize the sale of any goods, wares or merchan- dise in connection with the conducting of any such game or business. SECTIOX '38. BOXING, %BESTLING, XTC. Any person commencing or condtrcting a boxing, wrestling or other athletic event or show, shall first obtain a permit from the City Council so to do, upon such terms and conditions as said Council: may impose. Said permit may be granted or denied, and shall be,revocable by said City Council at any time for any cause which said Council may deera reasonable; upon the granting of said permit by said City Council, the license fee for comencing or conducting said business shall be $50.00 per quarter, or $150.00-per year. Bay every circus, carnival, wild west show, or exhibitions of like character, $lCrO.OO for the first day; $75.00 for the second day; and @50,00 for each day thereafter plus $10,00 for the first day and $5.00 for each day thereafter for each side show and'-each side attraction. I€ fs provided, however, that the exception provided in Section 18 of' this Ordinance shall apply to a license granted under the provisions of that Section only in the event the circus, carnival, wild west show, or exhibition of like character makes written application to the City Council for a special. permit, and said permit is granted by the City Council. SBCTIOW 40. DANCE HALL. ICE OR ROLLER SKATING RJTK, AMD BUSIKESS Public dance halls, ice skating rinks and roller skating rinks, $220.00 per year, sub,ject to a special perrnit from the City Council to :. , .* . -. a+'., . >. .. ,..I' . .' I", -*.I I " be f itrst abtairsedt pravided, however, that nothing herein contained skalX be construed as abrogating or repealing the provisions of any ordinance or replatian of said City or of the City Council thereof, dealing expressly with the subjeet of publbc dance halls or public dances, nor as jnterferring wit5 any regulatory ordinance or requSreaenti made. or adopted with reference thereto by the City Couacil of said c.'iQr granted hereunder by said Council, and only as 831 incident of any other business duly license&-under the provisions of' this Ordinance, conducting the sane shall, be subject ta special perrnrt from the Council to be firs€ abkained. ProoSLded further, that when a, dance is conducted in conneeticm with PRODUCTS 0 asoliae, kerosene, oil, lubricant and petroleum products distri- bation and sales, at vholesale, $12.00 per year per vehicle used. SXbTfOE 42, , KOTXLS. AI?AR!l!llEXT HOBIGS, BOARDIBG HOUSES, ROOHIES ?> HOUSES LOBGIBG I.IOTJS33S ETC ,, , Botels, apartment houses, boarding houses, rooming horzses, lodging hoases, motor courts1. mtels, trailer camps, trailer courts, and similar Wsinesses having rental units in aceordance with the follswing schedule: fa) FOP more than term, and not more khan twenty, rental units, $12.00 per year; (bf %or more than twenty, and not Bore than forty, rental units, $16.00 pen. year; and (e) Having fortpons OF more rental units, $24.00 per year. SECTIOB 4'4. Im. Selling or distributing ice, $3.2.00 per year for each wagon or vehicle; and in addition thereto there shall be paid for each ratdl ice distributing station where an attendant Is, or attenddnts are, in attendance to wait up vending machines, the license fee sbl2 be =tXst("rs, $12*0Q per Ye=. B3r aslt"~i@ ice .OO for each vending machine per year, - 21 -. ~c"P~~ 44. d"Y ,., . ^, . .. Selling jewelry or other articles of personal ornamentatlorn ather than at a fixed place af business, for which a license is held under this Ordinance, $lOO.OQ per year, ~CTIOX 45. Jm, . ., ..,* .,., Junk business, junk I dealer or junk collector, @,Oo,M? per year, SECTIW 46, Lamdry, dry cleaning, overalls, wiping rag and uniform service, and .- " linen and towel supply service, and similar types of business, Per 0-4 eo@& year per vehicle wed. This Section relates to servfee only, aad does not relate to Busi- nesses operating plats within said City, as su will be licensed under the provisions of Seetion 65 of %his Ordinance, vekiales .I, . aney lending, stock, bond or security brokerage, $75.00 per year. SEGTIOX 48, Where miniature trains, miniature merry-go-rounds, 61 other minfa- T#IX'IATURE ABIJS"P PARKS (HOT CARMNUS) ture rides or anusemen%§, including pony and similar rides, and where the corrcessSoms and amusements offered provide Paflu1 appeal to juvenilest (a) mere such business operates not to exceed five such rides or concessions, $7.50 per quarter; %here such business operates in excess of five but not to exceed ten such rides or concessions, $lO,OO per quarter; and (e) Where such business opera€es in excess of ten such rides or concessions, #I2;5Q per quarter; (d) Where such business operates as a permanent business and does not exceed two concessions, $12,0O per year, The hsinesses referred tu in this Seetion shall be subjeet to special permit frorn the CortmfZ €0 be first obtained. SECTIW 49. XCITIOX PICTURE T.AKIHG (COEmCIAL), Pa-<*, r_ <.,*,. ..* ~ I- A, mtim pictures; shots, or scenes far commercial parposes, (I Ojr for commercial me, or in conrrecti with the production; for comer- a1 purposes of any mtioa picture play or production, $20.00 for the first day and 10.00 per day t'nereafter, when private property exclusimly is. used, and 10Q.OQ for the first day and 850.00 fo each day thereafter when public property is used. SECTIOX 50. OIL WELLS, Oif and/or petroleum products productiola from any well $SO.OO per .I ., well per year (minimum) which shall cover the first X8, barrels produced fro= such well, and be paid at the beginning of the license period, and in addition thereto Sparable miShfn 3.5 days after the close of each license year) the saa of one cent (Pg) per barrel for each barrel iD excess of' 18,000 barrels produced fro= such well. during sueh yea??. In the event of a3mdoment of any well such additiosaX amoun% shall, be. paid within 15 days after production from such well is finally stopped, paid for each such well. permit from the Council. to be firs& ubtained. be obtained for each oil and/or gas er other hydlroeartron substance weXX, notwithstanding any variance for the derelQpmen% of natural resources or lesa W. separate license Bust be procured and I separate license fee Each such Iicensa sha13. be subject to specid Such special permit must which my have been grazlted =der the zoning ordinance or land use regtrv LatZons of that City. respective provisions and shalk be subjecE to such respec.&ive terms and conatitions as the city council in the exercise of its discretion pramuXga;te, prescribe or impose for such respective wellp provided, how- ever, that the permit fee for each such permit shall. be the sum of $1,080.00 which shall be paid at 02 before the time of the issuance of such permit. Sueh respective special permits shalX contain such Each such permit shall be valid for the particular well covered thereby untiB the sme expires, er is forfeited, cancelled or revoked according to its terms, conditions or provisions. am SCTIOX 52. I ,, .. /*I , Peddling or selling any goods, wares, merchandise, property or service as hereinafter set forth: (a) On foot and at retail when not on a regularly established route, $5.00 per day for each person so engaged. (b) On foot and at retail on a regalarly established route, $25.00 per year; provided,, however, that nothing in this subdivision @fb)@ contained shall apply Lo a regularly employed agent or salesman of 8 merchant or manufacturer whose place crf business is located wholl;a withia said Si- and which merchant or narsufacturer is specifically lieensed under this Ordinance to conduct the business wftk reference to which such agent or salesman acts. (e) a wagon or vehicle and at retail. when not on a regularly established roate, $7.50 per day for each wagon or vehicle used, which shall include the service; of the driver only and $?.OO per day for each additional person or helper! employed on such vehicle$ provided, however, %hat this subdivision *(c)* shall not apply to any vehiole Xieensed under the provisions of stxbdivisiQn of Secti 37 of thfs Ordinance, . id) From a wagon or vehicle and at retail operating om a regularly established route, $24.00 per year for each wagon or vehicle used; pro- vided, however, that this subdivision *(a)& ahall not apply to any vehicle licensed under the provisions of subdivision Ri(a)(b @f Sectfom 17 of this Ordfnanee, nor to any vehicle regularly used by amerchant or snanufactarer whose place of business is located wholly within said City and which merchant 02 manufacturer is speeifieally licensed under this Ordinance to conduct the business with reference to arhich suck vehicle is employed or used. Penny or sinall. coin arcade, $100.00 per year. “I= 54.- F^. .,,~., Soliciting o photographs or for the taking of the sme, or for any work or orders in connectionwith the photo- graphic business, when not carried on. as an incident to any photograph gallery or photograph business licensed under the provisions of this Ordinance, $5.00 per day, with arriinimu license period of five days, or , plus $5,00 per day for each day in excess of five days for each ndividual person engaged in such soliciting or canvassing. however, thak the applicatioa for a lfeense shall be accompan bond in the penal s= of $500.00, executed by a surety company, or by two responsible freeholders residing in the City of Carlsbad, w? in lieu thereof, ca cash bond cf equal mount, conditioned upon the making of final delivery of the goods, wares, or service tmbe performed 9~ aeoordance with the terms of such order, mr faiIing therein, that the advance pay- nent on such order be refunded. any such solicitor shall have a right of action on’ the bond for the re- covery of money or damages or both. Such bond shall rernaia in fall force and effect, and In ease of a cash deposit, such deposl% shall be retained by the Fity of arlsbad for a period of ninety (90) days af€er the ex- piratiom of any such license. A11 orders taken by licensed solicieors shall be in writing in duplicate, stating the %ems thereof, and the P Any person aggrieved by the action sf amount paid in advance, andl one copy shall be given to the purchaser, SECTIOE 5L PRIVATE POLICE PATROLS ,033 PRIVATE WATCH SEBVPcE~, Private Police Patrols or Private Watch Service, $217~00 per year, subject to special permit from the Counciz to be first obtained. “fm ‘itsa PUBLIC UTILITY. Public utility not having a written franchise whereby the City obtains money2 used, fbj Publie utility not otherwise specifically provided for Ordinance, the license fee as grovided in Section 65 shall appzy paid, e . . , . .1 or accept any deposit or down papent in advance of find delivery of the goads, wares or merchandise, or services, far Iwhich such solielthg or wnvassing is performed or made, $5.00 per day, with a minim- Ihense period of Five days, or $25.00, plus $5.00 per day for each day fa excess of five days* (b) FQ~ every depasit solicitor or deposit canvasser who demands, receives, or accepts payments or deposits in advance of' final delirev of the goads, awes or merchandise, m services, for which such solicitimg or canvassing is performed or anade, #5.OO per day, with a minimum license period of five days, QT #25. ~XCQ~S five days; provided, ETQwever, that the appzfication for a license shall accorapanied by a bond ia the peal sm of $5OO.OV, executed by a surety 5.oQ per day for each day company, or by two responsible freeholders residing in the. City of earls bad, or im lieu €hereof, a cash bond of equal amount, conditioned upon the making of final delivery of the goods, wa.res, or service to be perm formed in accordance with the teras of such arder, or failing therein, that the advance payment om such order be refunded. by the actioa of' any such solicitor shall hare a rIght of Etctioa om the band for the recovery @f money or damages or both. Such bond shall re- 8aiE fn full force and effect, and in case of' a cash d;eposi*, s~& depasit shall. be retained by the City of Carlabad for a period sf ninety (9s) days &y person aggrieved after the expfratiorr! of any such Ifcense. a1 orders taken by licensed solicitors shall be in writing in duplicate, stating the teras thereof, ,' and tke aount paid im advance, and one eopy shall be given to the purchaser. SZCTXOX 58. 'i"AXX@BS, $25.00 per ea% per year, plus 98fOO.00 per street, or alley stand per year. SXCTIQE $90 TRAVEL BUlBAf3s, ETC. Travel! exchange baream 8r agency; transportation exchange bureatz or agency; transportation or travel broker OF agent; or travel or trans- tation exchange business where the applicant for license does no% have a certificate of public convenience and necess%Oy ts coaducO suck Afnsiness from either the public Utilities Commissiork of the State of * Calffornia or the Interstate Commerce Commission of the United States I&) For each and every vending machine OF vending device, sending or delivering gmWx"&ane of any chtaracfier whieh for the cob inser€ed: delivers only such merchandise and has no amusement feature or device connected therewfth, and which does not in the operattog thereof delgver device,, (a) Fir each and every scale ur weighing device, operated by the insertiorx of a coin, the sum of #Z.OO per year; provided, however, that for each and every machine or szmle used or operated by any person who solicits any person or persons to use the same for the przrpose of testing the accuracy of the pess or estimate of the persons so solici€ing of the weight or height of the person so solicited, or sf any other perso& the sum of $5.00 per day or $25.00 per year; provided, however, that no such $5.00 per day or $25.00 per year Iicense shall be granted under this Section 60 crf this; Ordinance unless mittem permissiom has first be- ob- tained from the City CounciX sf said City. my refuse the granting of asy an4 all applfcations hereunder, of my license fee pafd under this subdivisfoa shall eyer be made for any purpose, and the City Council reserves the right to suspend or re- voke any psrmft or permits granted hereunder at any the f'= any reason which by said Council may be deemed adequate, Said CounciP il'p its discretion XQ refund (e) It fs provided further that each and every machine or device licensed under the provisions of this Section 60 of this Ordinance must, - 27 *L I B at all times while the thereto a: then current ,' * same is within the City of Carlsbad, have affixed official seal or sticker conspicuously displayed in or upon said machine or device, and the reading matter on which must be plainly visible without moving or disturbing such machine. or seal will be issued by the License Collector for each machine or de- vice licensed, and shall show the number of the license under which the year for which such license is issued for such machine or device. Such seal or sticker shall be of such type or design, and contain such word- Such sticker ing, as the be unlawful within said her e inabove license collector may from time to time determine. It shall to place, exhibit, use, or display any such machine or device City unless such sticker or.seal is attached thereto as required. If any such seal or sticker is mutilated, defaced or obliterated, or becomes unreadable, the same must be replaced imme- diately with a new one to be issued upon proper showing therefor to the license collector, and it shall be unlawful to use, operate, glace or display any such machine or device during any period when any official sticker attached thereto has Become so worn, dilapidated or obliterated as to be unreadable on reasonable inspection. - SECTION 61 . WSIC BOXES, PHOBOGRAPHS Am-UUSICAL IWSTRUKZ"PS OPXRATED BY COINS OR TOXEBS, For each and every music box, phonograph or musical or other instru- ment or device, which, for any coin or token inserted, plays any music, or record or records, or which furnishes any audible entertainment or amusement, g12.00 per year for each such music box, phonograph, machine or device, to be paid by legal owner of same. SECTIOX 62. l&Q?UFACTURING AR'D WOmSALIMG BUSINESSES (a) 3very person in the City of Carlsbad who sells any goods, wares or merchandise at wholesale, fabricates or processes goods, wares or merchandise not othervise specifically licensed provisions of this Ordinance, shall .I, under any other manufactures and or manufactures, Tor others, and provision or pay for each 28 - I' . I .. f. .I - . .I '. *',, calendar year or portion thereof the sum equal to one-half (1/2') of the taxbased upon gross receipts as set forth in Section 65 hereof; provided that in no eveat shall the tax be less than g$lO.OO, ,Any person, not otherwise licensed by the provisions of this ordinance, who sells, disposes or delivers of any goods at wholesale and by vehicle to any person or business within the City of Carlsbad, $10.00 per year for each vehicle so engaged. (e> Nothing herein contained shall be construed as authorizing anyis- person to make any sale or sales at retail under any license issued under the provisions of this Section, as the City Council hereby orders that a separate license must be obtained for each retail business conducted by any person in addition to any manufacturing or wholesale business conducted by him. SECTIOIT 6~ (,a) Any person engaged in the rendering of professional or semi- professional services for compensation which shall include the services rendered in the practice of law, medicine, surgery, dentistry, optometry, chiropractic, osteopathy, c!iiropody, veterinary, real estate agent or broker, civil, mechanical, electrical, industrial, or other classes of engineer, architect, accountant, income tax consultant, and similar professional, or semi-professional services, shall pay the sum of $3O,OO per year per person so engaged. (b) Provided, however, in the event that a person subject to "(a)" above engages in the practice of such profession from his home, and does not receive more than $1000,00 gross income per year, then such person shall be exempt from paying a license fee. SECTIO'EJ 64. CONTRACTORS, SUB-COMTRAGTORS, AND SIGN PALNTERS, Any person who engages with the owner or lessee or other person in possession of a, lot or parcel of land or building, for the erection, con- struction, or repair of any building or structure in the City, or for the doing of any plumbing, wiring, heating, aiy conditioning, 0 e* 'i . .. c $ 200,000.00 si; 300,000..00 $ 60.00 300,000.00 ' 400,000.00 70.00 400,000r00 600,000.00 80.00 ~OQ,OOO.OO 800,000.00 100.00 800,000.00 1 9 000 , 000000 125.00 1,000,000.00 and over 15O.00. As used in this Section, 'tgross receipts" does not include any of the following: (a) Any salaries or wages received as an officer or employee of the United States of America or any department or agency thereof, the State of California or any department, district, municipal or public corporation, political subdivision OP agency thereof; I (b) my salaries or wages received as an officer or employee of any religious, fraternal, educational or charitable institution; IC) Any salaries or wages received from any person having a valid license pursuant to any of the provisions of this Ordinance; (d) Any receipts from a trade, calling, occupation, yocation or profession or other means of livelihood which this City is prohibited from taxing under the Constitution or Taws of the State of California. SECTIOR 66,- WLTIPLICITY OF NATURE OF BUSIHESS. menever any concern does business at one location as a single established business and the nature of such business would (a) include it under the provisions of more than one of the exceptions set forth above, or would (b) include the business witkin an exception and the provisions of Section 65, said business shall be taxed upon the gross receipts as set; forth in said Section 650 SXCTIOF 67. APPLICATION AWD PROCZDURE R33GmIRG CERTAIB LICENSES FOR ESTKBLSIBD BUSfIBSSES. That im a13 cases where the amount of the license fee to be paid under this Ordinance by any person is based upon: (a] The amount of gross 145: other receipts or sales; or of 'tPntsiness transacted; or fb;) Upon the'nwber of wagons, trucks, or other vehicles used; or fc) Upon the mount of the admission fee charged; or (dl PTpon the. nm%er of tickets or instruments sold or isaued; or (e) Upon the number of tables, chairs, seats or other units or de- vices used for any business, enterprise, game or activity; or (P) Upon the number Qf rooms or units in any building, or structure, apartment house, sotel, trailer camp, court or other enterprise; or (g) so engaged; such person shall., within 60 days af€er the beginning of the license period, in the case of an establfshed business, file with the License Collector a mitten application for the required license. tlaa shall be on a form to be provided by the Bity which shall contain in addition to *such other information as the License Collector may require: me oceupatisn, vocation or professional activity of any person \\ Sueh capplica- (1) The name and address of applicant and his telephone number, if any; (2) 1 written statement by the applicant car someone authorized to make the same and having knowledge of the facts s-Eated therein, showing whichever of the following is applicable to the particular businesrrt preceding gear; E used; or Tke gross receipts bracket of the business during the fiscal year; "ehe number of vehicles used during the preceding calendar me number of barrels of oil pumped or produced; The number of machines or other articles of equipmen€ Such other factor, quantity or volume upon which the particular license fee may be based. The term %stablished Business* as used in this Section shall mean a business heretofore Iicensed by the City of Carlsbad for the full calendar L’ ’. . ,, r‘ .,” * - -.< , ~~ , ,..,,..,., _.. ‘I , (’I) Immediately upon the commencing of any new business, application , for a license to conduct such business must be obtained, and the. pre- scribed fees paid therefor, If such license is based upon. or is to be based upon gross receipts of the business, or apoa a basis which is nut imediately determinable, the licensee shall estimate the amount Qr basis in his application and pay the license fee prescribed therefor, but in. no case shall. the mount of such fee be less than the minimm fee prescribed for the Ikcense period to which the liaense is to apply, (2) Upon receipt tS such application form, properly completed, the License Collector shall collect from the applfcant, at the time of the issuance of the lfcense, the license fee determined by the estimated mount or number set for€h in such application {but in no case less thctn the minimum fee prescribed for the license period) and shall issue to such applicant a license for the license year, or remainder thereof, as the case may be. (31 Within thirty days after the close of the license year covered ’by any such lieense the licensee shall make and file with the License Collector a snpplementary report on a form to be f“&rnished by the City and it shall contain, in addition to such other infomation as the License Collector Bay require, a statement of the actual amount or number forming the basis upon which the license fee is determined, based upon actual experience up to the end of said license year, or portion- thereof, as the case may be. (4) Upon receipt of any such supplementary statement the License Cblleetor shall promptly determine, by ref erenee to this Ordinance, whether any ad,iustment of license fees is to be made in the light of sac& actual amounts or numbers as compared S.ECTI0E 69. FEGARBING €EFUKDS. If St is found that an addltiorral to the estimated amounts or ”hers, license fee amnount is required from any licensee, the Llcense Collector shall bill the licensee Tor such amount and such amount must be paiB within ten days after sa& .,.. \. a . . .' L 1 . .' >- .,. c . I yr billing. mount in. exeesa of that reqnired, the License Gollector shall prepare and present to the Council the necessary demand and warrant for the re- fund to the licensee of any amaunt which may be lawfully gqable as a refund to the licensee; or at the request of the licensee may apply the same to the next ensuing license fee payable by such licensee for sneh business. fa the event it is found that any licensee has paid a lieense 370 minimum license fee, or any portion of such minimum fee will be The Council reserves the right to pass rxporr and in its dis- refunded. cretion to either grant or refuse to grant refunds of aaounts, or portions thereof, paid as license fees over and above the mini" fee, after ascertaining the facts in each particular case where request ar nd foT refund is made or presented. SECTIOB 70. AD%EESTSTRATIW RUIZS AIsfD REGULATIORS* "he city clerk myg with the approval of the City Attorney, promul- gate and adopt reasonable rules and regulations pertaining to the collection of the license fees or taes heretjp imposed, and with refer- ence to the enforcement of this Ordinance for the purposes af administer- ing the provisions thereof, which rules so promulgated and adopted shall be in mitiag and be filed in the office of the City Clerk and shall be The violation of any of such rules or rem- en to public inspection, lati'ons so on file shall be a misdemeanor. SECTIOX n. Xn those case8 where: any other ordinance or ordinances of the Gi€y of CarlsbabrX relaee to a particular business or businesses, or classi- fication €herein referred to, then and in all such cases, except as hereinafter provided, the particular registration or license fees pre- selribed by such other ordinance of ordinances relating to such parti- ctaPar business or businesses, or classifications, shall be paid and shall be in liea of the business lieense fees herein otherwise prescribed, ". and it is the purpose and intention of the City Council that every . . ,&I * . business, trade,, calling, profession, vocation, undertaking and aati- vity whieh is lawfully subject to the payment. of a business license tax shall pay such a tax, but in no case to require a duplication of" such business license fees or taxes, shall be construed as relatirag ta permit or other fees required to be paid under Ordinance Bo. 80~5, Ordinance Bo, 8010, and Ordinance Bo. $015, as. same now exist or may hereafter be; amended, or pemit or other fees required to be paid in connection with such matters as builciisg, plumbing, electrical, ete., permits or plm checking fees, as all such fees are in. addlition to the license gams tar registration eharges imposed by this and other ordinances of the City. Hothing herein contained, however, -r ,I I ... &ny persont. firm association 0-r corporation violating any of the provisions of this Ordinance shall be deemed guilty of a asisdemeanor, and npm convietion thereof shall be punishab3e by a fine of not more than Three Hundred ( 3OO.OO) Dollars or by imprisonment in the J'iEil provided by the City of Carlsbad as the eormitting magistrate may di- rect, for not more than three mo\nths, or by both such fine and imprison- ment in the discretion of the court, &very such person, firm, corpora- tion OF association shall be-deemed guilty of a separate offense for each and every day during which any of the provisions of this Ordinance are violated, and shall be punishable therefor a8 herein provided. S&CT^iOE 71'. SAVIXG CLAUSE, If any section, subsection,-sentence, \ clause or phrase of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portioas of this Ordi- nance. me City Council hereby deelzres that it would have passed this Ordinanee an3 each section, Subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, snb- sections, sentences, clauses or phrases be declared unconstitutional, * 35 - I. EECTIOB 74. EFFZCTITTE DATX:, -, This Ordinance shall take effect and be in force on and after the 3lst day of its adoption. this Ordinance and in the Carlsbad Journal, a; newspaper published and of general circulation within the said CiBy and hereby designated for that purpose, PASSED, APPROVED, ADOPTED AND ORDERED PUBLISHED by the City Council of the City of krfsbad, California, this by the following vote, to-witt 14th day of October, 1952, EAYSt None, ABSENT: Councilman Gslober C. De m-+=- XCCULLAM, ayor of the City of Carlsbad, California -- , - 36 - PAGE 1-4 , i 5 5 T- YREf%TING Definitions Licenses Xust Be Obtained License Epees &e Debts to city License Pees Nust Be Paid In Advance Issuance of Licenses Licenses Not Gonclusive Transfers Place to Place 6 Duplicate Licenses 7 8 Due Dates Separate, gaster and Branch Licenses 8 Pro-Rating of License Fees 9 Display of Licenses 9 Exhibiting Licenses 9 9 9 Display of Licenses on Vehicles and Equipment Punishment Does Hot Waive License hount Fa1 s e St at emen t s Pr ohi b i t ed IO Exceptions 11 Charitable, Bratemal, Educational, Eilitary, Ron-Profit Ensiness Exempt 12 Appeals to Council 12 Disposition of Fees 33 Porice Coo+eratiam 13 13 Xuisances and Unlawful Businesses Bot Authorized License Does Kot Imply Vested Right 23 Licenses Involving Fire Hazards and Public Safety 14 Del inquenc ie,s SECTIOB PAGE 26 ' 15 27 16 28 29 11 30 18 33 18 32 18 TREATING. License Fees to be as Designated Amusements Rot Otherwise Provided For Advertising latter, Distribution, Etc. Auctions hct i oa eer auto Bus, Etco Auto Parka 18 Automobile Wrecking Yard 33 34 19 Bankrupt Stock 35 19 Bill Posting, Billboards, Etc. 36 19 Home Occupations 37 20 Billiards, Pool, Ping-Pong, Bowling, Etc, 38 20 Boxing, Wrestling, Etc 39 20 Circus or Carnival, Wild West Shows, and Exhibitions of Like eharaeter 40 20 Dance €fall, Ice OF Roller Skating 4T 21 Gasoline, Kerosene, Oil, Lubricant 42 21 Hotels, Apartment Houses, Boarding Rink, and Business of Like Character and Petroleum Products Houses, Rooming Rouses, Lodging Houses, Etco 43 21 Ice 44 22 22 Tewelry Vender Junk 46 22 Laundry, Dry Cleaning and Similar 47 22 Eoney Lending, Finance, Etc. 48 22: xiniature husernent Parks (Not Carnivals) 49 23 Hotion Picture Taking (Comerciaif Types of Business Oil Wells 50 23 51 24 PEOBVT] Brokers 52 24 Transitory Retail Saleso Ped-dling 5? 24 Penny or Small Coin Arcade and Other Like Sales (21 TREATING 54 25 Photograph Solicitors 55 25 Private Police Patrols or Private Vateh Service 56. 25 Public Utility tors or Canvassers ( 25 \., 57 58 2 Taxicabs 59 26 Travel Bureaus, Xte. 60 2 Vending &chines, Amusement and Skill 61 2 Blfersic Boxes, Phonographs and XusicaX ?&chines and Devices, Scales, Etc. Instruments Operated by Coins or Tokens 28 Eiflanufacturing and Vbolesaling Businesses 3 9 Professional Licenses Contractors, Sub-Contractors, Sign Pa i n t er s 64 29 30 Other Businesses 66 31 Xultiplicity of Wature of Business Application and Procedure Regarding Certain Licenses for Established Eusinesses 67 31 68 33 CTormnenciag of Bew Business 69 33 Regarding Refunds 70 34 Administrative Rules and Regulations 73 34 Beeptiom of Certain Businesses 72 35 Fenal ties 73 74 75 35 36 Saving Clause effective Date Order to Certify and Publish; Pas sage