HomeMy WebLinkAbout1963-12-17; City Council; 6033; Ord 6005/8020 repeal - Revenue licensing & regs2
3
4
5
AN ORDINANCE OF THE CITY OF CARLSBAD, CALIFORNIA* ANIENDING CERTAIN SECTIONS OF ORDINANCE NO. 6005 OF THE CITY OF CARLSBAD, REGARD1 NG LICENSING FOR
PURPOSES OF REVENUE AND REGULATION
WTTHDI THE CITY OF CARLSBAD.
6 /I The City Council of the City of Carlsbad does ordain as follows:
7
8
9
31
12
13
14
1E
36
17
18
19
20
21
22
2z
24
2t
24
Subsection (a) of Section 17 of Ordinance No.
is hereby repealed.
SECTION 2. SUBSECTION (d) OF SECTION 25 OF ORDINANCE
NO. 6005 AMENDED,
hereby amended to read as follows:
Subsection (d) of Section 25 of Ordinance No. 6005 is
(d). Any annual license fee shall become delinquent unless tl
the amount hereof, as prescribed herein, is paid at or before 5:OO P.M.
on the 30th day after the same becomes due and payable.
SECTION 3.
It
SECTION 66 OF ORDINANCE NO, 6005 REPEALED.
Section 66 of Ordinance No. 6005 is hereby repealed.
SECTION 4. SECTION 32 OF ORDINANCE NO, 6005 REPEALED.
Section 32 of Ordinance No. 6005 is hereby repealed.
SECTION 5. SECTION 35 OF ORDINANCE NO, 6005 REPEALED;
Section 35 of Ordinance No. 6005 is hereby repealed.
SECTION 6.
Section 7 of 0
SECTION 7. SECTION 36 OF ORDINANCE NO., 6005 AMENDED,
Section 36 of Ordinance No. 6005 is hereby amended to read as follows:
“Section 36. Home occupation; Home occupations shall pay
licenses in accordance with the license fees provided for the respective
types of businesses conducted as such home occupations, notwithstanding
29
30
31
tt the limited use permitted in such cases.
SECTION 8. SECTION 42 OF ORDINANCE NO. 6005 AMENDED,
Section 42 of Ordinance No. 6005 is hereby amended to read as follows:
32
e
“Section 42. Hotels, apxrtment houses, boardinghouses, roomixlg
s, lodginghouses, e-tc. Hotels, apartment houses, boardinghouses,
oming houses, els, trailer camps,
trailer courts aa units shall pay license
For each said business having three (3) or more rental
nt-ing a unit actually occupied by the owner of the business,
lr $2.00 per unit per year.
*
go. 6005 REPEALE
.s hereby repealed.
SECTION 10. SECTION 54 OF ORDINANCE NO, 6005ANIENDED
Section 54 of Ordinance No. 6005 is hereby amended to read as follows:
“Section 54. Photograph solicitors. Soliciting or canvassing
orders for photographs or for the taking of the same, or for any work or
orders in connection with the photographic business, when not carried on
as an incident to any photograph gallery or photograph business licensed
under the provisions of this article, $10.00 per day, with a minimum
license period of five days, or $50.00, plus $10.00 per day for each day
in excess of five days for each individual person engaged in such solicitin1
or canvassing; provided, however, that the application for a license shall
be accompanied by a bond in the penal sum of $1,000.00, executed by
a surety company, or by two responsible freeholders residing in the city,
or in lieu thereof, a cash bond of equal amount, conditioned up
making of final delivery of the goods, wares or services to be performed
in accordance with the terms of such order, or failing therein, that the
advance payment on such order be refunded. Any person aggrieved by
the action of any such solicitor shall have a right of action on the bond
for the recovery of money or damages or both. Such bond shall remain
b? ' * -. . '*
:* r s
1
i
1
4
L c
e
7
E
9
18
111
12
13
14
15
16
17
18
3.9
20
21
22
23
24
25
26
27
2E
2s
3C
31
32
0
be retained by the city for a period of ninety days after the expiration
of any such license. All orders tak by licensed solicitors shall
be in writing in duplicate, stating the terms thereof, and the amount
paid in advance, and one copy shall be given to the purchaser.
11. SECTION 57 OF ORDINANCE NO, 6005 AMENDED,
It
Section 57 of Ordinance No. 6005 is hereby amended to read as follows:
Solicitors or canvassers ( deposit and others). Section 57. tr
(a) For each solicitor or canvasser who does not demand, receive
or accept any deposit or down payment in advance of final delivery of
the goods, wares or merchandise, or services, for which such soliciting
or canvass s performed or made, $10.00 per ay, with a minimum
license period of five days, or $50.00, plus $10.00 per day for each
excess of five days.
ery deposit solicitor or eposit canvasser who demands,
receives, or accepts payments or deposits in advance of final delivery
ares or 'merchandise, or services, for which such
soliciting or canvassivlg is performed or made, $10.00 per day, with
a minimum license period of five days, or $50.00, plus $10.00 per day
for each day in excess of five days; provided, however, that the appli-
cation for a license shall be accompanied by a bond in the penal sum of
$1,000.00, executed by a surety company, or by two responsible
freeholders residing in the city, or in lieu thereof, a cash bond of
equal amount, conditioned upon the making of final delivery of the
goods, wares or services to be performed in accordance with the
terms of such order, or failing therein, that the advance payment on
-3-
1
2
3
4
5
6
7
%
9
18
11
12
13
14
16
17
3.8
19
20
21
22
23
24
25
26
27
2E
25
3(
31
3:
I! and one copy shall be given to the purchaser.
SECTION 12,
Section 52 of Ordinance No. 6005 is hereby amended to read as follows:
"Section 52.
Peddling or selling any goods, wares, merchandise, property or
Transitory retail sales, peddlirlg and other like sales.
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 regularly established route, $25.00
per year; provided, however, that nothing in this paragraph contained
shall apply to a regularly employed agent or salesman of a merchant
or manufacturer whose place of business is located wholly within the
city and which merchant or manufacturer is specifically licensed under
this article to conduct the business with referenct to which such agent
or salesman acts.
(c) Business operating through vehicles.' Every person, firm or
corporation who does not have a regularly established place of business
within the City of Carlsbad and who carries on, conducts, or operates
any of the following described retail businesses or occupations within
the City of Carlsbad through motor vehicles or horsedrawn vehicles,
shall pay an annual license tax for the first vehicle in the amount herein-
below specified.
Bread and Bakery Supplies - - - - - - - - - - $ 80.00 Concrete or Road Mix - - - - - - - - - - - - 100.00 Dairy and Ice Cream - - - - - - - - - - - - - 80.00 Drycleaning - - - - - - .. - 100.00 Laundry - - - - - - - - - - - - - - - - - - - - 100.00 Linen Service - - - - - - - - - - - - - - - 20.00
Meat Distributor - - - - - - - - - - - - - 80.00
Petroleum Products (Home Delivery) - - 20.00 Retail Bottled Water Supply - - - - - - - - - 80-00 Retail Ice Supply - - - - - - - - - - - - - - - 80.00 Rock and Sand - - - - - - - - - - - - - - - - - 100,00
Transfer or Delivery Service - - - - - - - - - 20,oo Water Softener Service - - - - - - - - - - - - 100.00 Any other similar business not herein specified 40,OO
- - - - - -
Wholesale Vehicles. Every person, firm or corporation not
having a place of business in the City of Carlsbad who carries on
-4-
r-* ’ , f .”*
-f* i
3
z
5
4
P P,
6
7
e
9
16
11
12
83
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
3c
31
32
or conducts any business of selling or delivering goods, wares,
or merchandise at wholesale to any person in the City of Carlsbad
shall pay an annual license tax as follows:
$20,00 for the first vehicle plus $2.00 for each employee used
in the City of Carlsbad.
Additional Vehicles. Each additional shall pay a tax of 3/5ths
of that of the first vehicle.”
SECTION 13.
Section 60 of Ordinance No. 6005 is hereby amended to read as follows:
Bection 60. Vending machines, amusement ’and skill machines
etc; (a) For each and every vending machine or vending
device, operable by 5C or more, vending or delivering merchandise of
any character which for the coin inserted delivers only such merchandise
and has no amusement feature or device connected therewith, and which
in the operation thereof deliver any tokens or slugs, the sum
of $10.00 per year for ea
that no fee shall be charg
further that coin operated laundry businesses shall not be required to
such machine or device, provided however,
for postal vending machines; and provided
license its washers, dryers, coin changers, soap or bleach dispensers
under this section, but shall pay a fee for said machines based on the
usual gross receipts rate.
(b) Amusement Machine. Every person owning, operating, manag
ing or controlling any mechanical play or amusement machine which is
used or permitted to be used by the deposit of a coin in any slot, crevice
or other opening, or by the deposit of any plate, disk or slug therein,
which said slug, disk or plate may be acquired or purchased from any
source whatsoever, shall pay $I 00 per year for each such machine.
(c) It is provided further that each and every machine or device
I
licensed under the provisions of this section must, at all times while
the same is within the city, have affixed thereto a then current official
seal or sticker conspicuously displayed in ’or upon such machine or
device, and the reading matter on which must be plainly visible with-
-5 -
out moving or disturbing such machine.
issued by the license collector for each machine or device licensed,
and shall show the number of the license under which the year for
Such sticker or seal will be
which such license is issued for such machine or device. Such seal
or sticker shall be of such type or design, and contain such wording,
as the license collector may from time to time determine. It shall be
unlawful to place, exhibit, use or display any such machine or device
within the city unless such sticker or seal is attached thereto as herein
above required.
obliterated, or becomes unreadable, the same mus
mediately with
to the license collector, and it shall be unlawful to use, operate, place
or display any such machine or device during any period when any
official sticker attached thereto has become so w
obliterated as to be unreadable on reaso
SECTION 1 4,.
ection 64 of Ordinance
%ection 64.
Lf any such seal or sticker is mutilated, defaced or
j I new one to be issued upon proper showing therefor
Any person who engages with the owner or lessee or other person in
possession of a lot or parcel of la Or for the ‘On-
struction or repair of any building or structure in the city, or for the
doing of any plumbing, wiring, heating, air -conditioning, drainage,
irrigation, brick laying, cement work, sewer work, painting, tile
work, carpenter work, lathing, plastering, roofing, shingling, sign
5
26
27
28
29 shall pay a f
30
31 contractors, $60.00 per year,
painting, sign erecting, sign maintaining, landscaping or any other
work in connection with any of the building trades, whether the same
be by contract at a fixed price, or upon the cost of material and labor
basis, or upon the cost of construction plus a percentage thereof basis,
eneral contractors, $80.00 per year,
(c) Sign painters who paint, maintain or erect signs, $15.00
per year.
-6-
ii I
1
2
3
4
Provided, however, that the above fees shall be subject to the
provision that'when any contractor, subcontractor or sign painter as
above described, not having a regularly established place of business
in the city, shall pay to the city for a license fee the same amount
that would be required of a Carlsbad contractor, subcontractor or
sign painter in the town wherein is located the regularly established
business of the nonresident contractor, subcontractor or sign painter;
I
, in no event shall the license fee be less than the fee pro-
a contractor, subcontractor or sign painter having a regu-
larly established business in the city.
Said license fee for contractors, subcontractors and sign painters
shall be paid in full for the full taxable year, whensoever issued. 'I
SECTION 15. VIOLATION UNLAWFUL.' It shall be unlawful for any
person to commence or conduct in the City of Carlsbad, any business specified,
ted, provided for or referred to in this ordinance without having
first procured a license from the city to do so, or without complying with each
and all of the requirements or provisions of any other ordinance of the city,
which refers or relates to such business.
any such business without having procured such license, or without having
complied with any and all such requirements or provisions shall constitute a
separate violation of this ordinance for each and every day that such business
The commencing or conducting of
enced or conducted.
Section 4 of Ordinance No. 6005 is hereby amended to read as follows:
"Section 4. License fees must be paid in advance; penalty. All
license fees hereunder shall be paid in advance in lawful money of the
United States of America, at the office of the City Clerk in said city.
In the event a license fee is not paid within thirty (30) days after it
becomes due, a twenty-five percent (25%) penalty shall be added
thereto and sh license is issued. . This ordinance shall take effect and
be in force on the first day of January, 1964.
-7 -
3.
1:
ar
14
I!
It
1€
1E
2c
21
22
22
24
25
26
27
28
29
30
31
32
Clerk of the City of Carlsbad
o cause this ordina
Journal, a newspaper published and of
PASSED, APPROVED AND ADOPTED by the City Council of the City
of Carlsbad at a regular meeting held on the 17th day of December, 1963, by
the following vote, to wit:
AYES: Councilmen Bierce, Guevara and Hughes.
NOES: Councilman Neisw ender
ABSENT: Councilman McPherson
Carlsbad, California
ATTEST:
(SEAL)
,.
-8-