Loading...
HomeMy WebLinkAbout042CITY OF IRWINDALE LOS ANGELES COUNTY, CALIFORNIA ORDINANCE NO. 42 AN ORDINANCE LICENSING THE TRANSACTION AND CARRYING ON OF CERTAIN BUSINESSES, TRADES, PROFESSIONS, CALLINGS AND OCCUPA- TIONS IN THE CITY OF IRWINDALE, FOR THE PURPOSE OF RAISING MUNICIPAL REVENUE. THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN AS FOLLOWS: ARTICLE 1 - DEFINITIONS SECTION 100. Business Professions and Trades. Business, professions, and trades as use ere n nc u es all businesses, professions, trades and occupations of all and every kind of calling carried on within the City of Irwindale for the purpose of earning a profit or livelihood, whether or not a profit or livelihood is actually earned thereby. Business, professions, and trades shall include, but is not limited thereto, commission merchants, salesmen, brokers, retailers, wholesalers, vendors, suppliers, the renting or supplying of living quarters, or rooms, or board, or both, for four or more guests, tenants, or occupiers, and any other type of endeavor entered into within the City of Irwindale for the purpose of earning a livelihood or profit, whether paid for in money, goods, labor or otherwise and whether or not said business, profession or trade has a fixed place of business in the City. SECTION 101. Business, Professions and Trades - Place of Business. This or nance s a appy o a persons con uct- ng a us Fess, profession or trade within the City, whether or not such person maintains a fixed place of business in the City and whether or not said person may primarily conduct his busi- ness, profession or trade elsewhere. A person shall be deemed to be conducting a business, profession or trade within the City if he, or his agents, or employees offer, solicit, sell, contract, construct, make, deliver, or repair, or perform acts or services in respect to said business, trade or profession within the City of Irwindale. SECTION 102. Employees: Business Professions and Trades. The term "Business,ons, an ra es of;A! no appy to any person engaged in any business, profession or trade, solely as an employee of any other person conducting, managing or carry- ing on any such business in the City. SECTION 103. Employee. "Employee" means all persons engaged in the operate o� conduct of any business, and includes any member of the owner's family, agent, manager, solicitor, and any and all other persons employed or working in said business. SECTION 104. Person. "Person" as used in this ordinance shall include indiv ua s, associations, partnerships, and corporations, etc., unless otherwise specifically indicated. 249 Ordinance No. 42 SECTION 105. S ecific Definitions for Some Business, ssions and Tra es. e on ow ng us nese, pro ess ons, rakes arerurther defined for the purposes of this ordinance. SECTION 105.1. Advertising by Billboards. "Advertising by Billboards" includes every person erecting, installing, maintaining billboards or operating any other advertising sign, sign device, design, or statuary erected to attract the atten- tion of the public and visible from any street or other public place. Provided, however, that advertising by billboards shall not include signs affixed to the building or on the land on which a licensed business is being operated or directional signs, which sign or signs refer only to such licensed busi- ness, or to "For sale" or "for rent" signs on real estate. SECTION 105.2. Advertisin b Distributin nancoiiis. 1 "Advertising by Distr a ng an a nc a ea every person operating the business of distributing handbills, samples, dodgers, circulars, booklets, or other notices of advertisements. No additional fee shall be required for employees or agents of such licensee. Provided, said employees or agents carry upon their persons at all times while engaged in said business an identification card furnished by the licensee, endorsed by the City Clerk. SECTION 105.3. Advertising by Posting. "Advertising by Posting" includes every person operating the business of adver- tising by posting, sticking, tacking, affixing or painting bills or signs to or upon posts, fences, buildings or other structures, except billboards or advertising sign boards; provided that nothing in this section shall be construed to affect or apply to any person who shall be liable for and who shall pay a license under any provisions of this ordinance and who shall post, stick, tack, affix upon or erect any such signs on the premises or buildings occupied and used in the business of said person, and which sign advertises the goods of the business of the said person only. SECTION 1054. Advertising by Searchlight. "Advertising i by Searchlight" ncluUes carrying on the business of advertising by means of a searchlight, stereoscope, biograph, moving picture or any similar device; provided that nothing in this section contained shall be construed to affect or apply to any person who shall be liable for and shall pay the license under any provision of this ordinance and who shall use a stereoscope, biograph or moving picture or any similar device for the purpose of advertising goods, wares or merchandise of the business of said person only. SECTION 105.5. Advertising by Sound Trucks. "Advertising -►- by Sound Trucks" incl- es every person operating the business of advertising by means of any vehicle containing amplifiers, phonograph, loud speaker, microphone, broadcasting radio, or a device for public address, or carrying advertising signs and which is used for announcing or advertising upon the public streets or public grounds in the City. -2- 250 Ordinance No. 42 SECTION 105.6. Auction Establishment. "Auction Estab- lishment" is a fixed place o 'business w ere any goods, wares or merchandise are sold or offered for sale or trade by public outcry or auction. SECTION 105.7. Bankrupt Stock, Bankrupt Sales, Fire or Closin Out Sales. Bankrupt stock, - bankrupt sales, ire or CIOs nu lea business includes every person engaged in the business of selling any goods, advertised or designated as Sheriff's, assignee's, creditor's, bankrupt's, consignee's, trustee's, receiver's, closing out or closing business, or special sale of damaged goods, damaged by fire, water or other- wise. Provided, however, that this section shall not apply to sale of goods which are actually in good faith in the posses- sion of the Sheriff or trustee in bankruptcy, or in the pos- session of any court of the State or of the United States; or the goods belonging to an established business paying a license, which have been damaged within the City and which are being disposed of in good faith by the person engaged in said business to close out the same. Except that such sales provided in this section shall be certified to by the City Clerk that such sale is a bona fide sale held by an established licensee to conduct such business in the City, and provided further that any inventory of mer- chandise to be sold at such sale shall be furnished by the licensee to the City Clerk and the Sheriff, and provided further that permission to hold such sale shall not include the right to increase the stock of merchandise or inventory after the sale has been publicly advertised. SECTION 105.8. Public Billiard and Pool Halls. "Public Billiard Rooms, or Halls, or Pool Rooms, or oo alls" means any place open to the public where billiards, bagatelle or pool is played, or in which any billiard, bagatelle or pool table is kept and persons are permitted to play or do play thereon, whether any compensation or reward is charged for the use of such table or not. SECTION 105.9. Beauty Parlor. "Beauty Parlor" includes operating a manicuring, shampoo, %airdressing, facial massage or beauty parlor, or any establishment where surplus hair, moles or other facial blemishes are removed or eradicated. SECTION 105.10. Cafe Food Establishment Public Eati Place and Hawker. "Haw er s a mean any person w o proc a s s wiii ares neTuding liquids or edibles for human consumption, on the street or property adjacent thereto, the articles for sale being contained in or on a wagon, box, vehicle , platform, rack, basket, or carried by the person, except milk, bottled water, ice or bakery distributors rendering the service of delivering their product to regular customers. "Cafe, Food Establishment, and Public Eating Place" means and includes every restaurant, public school, lunch room, tea room, coffee shop, soda fountain, public boarding house, hotel, club, beer parlor, barroom, cocktail lounge, and every other public place where food or beverages are sold or served, to be consumed by the public upon the premises. "Public Eating Place" shall also -3- 251 Ordinance No. 42 include all places where sandwiches, lunches, and food or drinks or any and -all kinds are prepared for sale or gift to the public, whether sold or given or consumed on the premises where prepared, or not SECTION 105.11. Circus. "Circus" includes any tent or canvas enclosure wherelnre exhibited any feats of horsemanship, trained animals, clowns, acrobats or trapeze performances and such other forms of skill or amusements as are commonly given ,,.. in rings and combinations of entertainments. SECTION 105.12. Concessions. Every person who rents, leases or otherwise occupies floor space for a concession or concessions, in a place where a business, profession or trade is conducted within the City of Irwindale, and where said con- cession is conducted for the purpose of conducting a business, profession or trade by said concessionaire and where said concessionaire pays for said space occupied on a cash rental, commission basis or otherwise. SECTION 105.13. Contractor. "Contractor" is a person who, for a fixed sum, price, fee, percentage, or other compensation other than wages, undertakes with another for the construction, alteration, repair, addition to, or improvement of any building or other structure, project, development, or improvement, other than to personalty, or any part thereof; provided that the term "contractor", as used in this ordinance, shall include sub- contractor, but shall not include any one who merely furnishes materials or supplies without fabricating the same into, or consuming the same in the performance of the work of the con- tractor as herein defined. SECTION 105.14. Public Dance Hall. "Public Dance Hall" means a place where dancing is con uc d, whether for a profit or not, and to which the public is admitted, either with or without charge, or at which the public is allowed to partici- pate in the dancing, either with or without charge. SECTION 105.15. Public Garage. "Public Garage" is a room, building, or other s rut ure where automobiles are kept or stored by the public, or where a charge is made for such storage or keeping of automobiles. SECTION 105.16. House Number Painter. "House Number Painter" as used in this ordinance shall mean any individual, firm or corporation or organization engaged in the activity of painting upon public curbs, streets, roadways, sidewalks, or other public property, house numbers or house addresses or other printed or painted material. SECTION 105.17. Patrol System. "Patrol System" includes any private service orpriv�ys em which purports to furnish or does furnish to members or subscribers any watchman or guard, either uniformed or otherwise, to patrol any part of the City or to guard or watch any property, including guarding against theft, fire, or both, or to perform any service usually and customarily performed by the Sheriff in his capacity as a peace officer. -4- 252 Ordinance No. 42 It does not include the guarding of property of a single owner while such property is not open to the public by one or more individuals whose entire salary or wage is paid by such owner, irrespective of whether such salary or wage be paid direct to the individuals performing such guard duty or to another, or service of any nature performed by an employee whose main or principal duty is not that of guarding or pro- tecting property. SECTION 105.18. Patrolman. "Patrolman" is an individual engaged in the act of —gu--ar-aTng property as the owner, member, or employee of a patrol system. SECTION 105.19. Owner -Builder. "Owner -Builder" means any person who constructs a buildiNg or addition thereto on real property owned by him, which such building will be the only structure on such real property, aside from auxiliary, accessory, or utility structures. SECTION 105.20. Fertilizer Processors. "Fertilizer Processor" means any person engaged in the treatment or process- ing of fertilizer, manure, or excrement for the purpose of sale thereof. SECTION 105.21. Soliciting. "Soliciting" includes any person, firm or corporation engaged in the business of going from house to house, or place to place, other than commercial business houses, or at, on, or along the public streets, side- walks, or public places, selling or taking orders for, or offering to sell or take orders for goods or for services to be performed in the future, or for things of value to be delivered in the future, or performing services which require further dev- elopment, consummation, or completion elsewhere than at the place where performed. SECTION 105.22. Theaters. "Theaters" include a moving picture theater or drive- n eater where moving or motion pic- tures, legitimate theater or vaudeville shows are exhibited, and a fee is charged, collected or received. For the purpose of licensing drive-in theaters, seating capacity shall be calculated on the basis of two and one-half seats per automobile space provided in said theater. SECTION 105.23• Car Dealers. "Car Dealer" means any person engaging in, conducting, managing, or carrying on the business of buying, selling, or offering for sale, consignin§ to be sold, or �+ otherwise dealing in motor vehicles as the term motor vehicles" is defined in the State Vehicle Code. SECTION 105.24. Vehicle. "Vehicle" is every device in, upon, or by which any person or property is or may be trans- ported or drawn upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. SECTION 105.25. Vending Machines - Amusement. "Vending Machines - Amusement" inc u e eac Board, set of numbers, alleys, wheel, or any individual device whereby a player manipu- lates the game, device, machine or other instrument, and each thereof shall be deemed a separate devied, machine or instrument requiring an additional license fee. -5- 252 Ordinance No. 42 SECTION 105.26. Vend in Machines - Merchandise. "Vending Machines - Merchandise nc u es eac machine, dev=Fe or vend- ing device operated by coins and from which goods, wares or merchandise, edibles, and liquids, whether bottled or otherwise, are sold or delivered or dispensed. SECTION 105.27. Coin0 crated Machines. "Coin Operated Machines" includes all o' er mac nes or devices operated by inserting therein a coin or coins. SECTION 105.28. Swap Meet - Definition. "Swap Meet" means the act or practT—ceof carrying on, on a single location or premises, the exchange, barter, trade, sale or purchase of personal property among persons not otherwise licensed to do business in the City of Irwindale. SECTION 105.29. Secondhand Dealers. "Secondhand Dealer" is a person, other than a used car ea er or dealers who deal in secondhand books and magazines, engaged in conducting, man- aging, or carrying on the business of buying, selling or other- wise dealing in secondhand goods, wares, and merchandise, but does not include a person who does not sell or offer to sell secondhand goods, wares or merchandise, except such as received by such person as payment or part payment for new articles sold by him. SECTION 105.30. Junk Dealer. "Junk Dealer" means a person not an auto wrecker, and-RE—er-Man a licensed jeweler, engaged in conducting, managing or carrying on the business within the City of buying, selling or otherwise dealing in either the wholesale or retail of any old magazines, sacks, bottles, cans, papers, metals, including gold and mercury, or other articles commonly known as junk. SECTION 105.31. Junk Collector. "Junk Collector" means a person engaged in the business w M in the City of going from house to house, or place to place, gathering, collecting, buy- ing, selling or otherwise dealing in any old rags, sacks, bottles, cans, papers, metals, furniture, appliances or other articles commonly known as junk. f'l 254. Ordinance No. 42 ARTICLE 2. - BUSINESS LICENSES Rules and Regulations SECTION 200. License Reuired. No person shall commence or carry on any bussss, pro esa on or trade or occupation of any kind, nature, or calling within the City of Irwindale, whether or not said person has a fixed place of business within the City of Irwindale or elsewhere, and where said business, profession, and trade and/or occupation is not otherwise exempt from the pro- visions of license requirement hereunder by federal or state law or by the provisions of this ordinance without first having pro- cured a license and/or permit, as required by this ordinance, from the City to do so and without first complying with any and all regulations contained in this ordinance. The carrying on of any business, profession, trade and/or occupation without first having procured a license from the City to do so, or a permit where required, or without complying with any and all regulations pertaining to said business as provided in this ordinance, shall constitute a separate violation of this ordinance for each and every day that said business, profession, trade and/or occupation is so carried on. SECTION 201. Unlawful Businesses. No license issued under the provisions of this or nance sa be construed as author- izing the conduct of or continuance of any illegal or unlawful business. SECTION 202. Suit for Recover of Un aid Sums. Any sum required to be paid under s or nance s a e deemed a debt to the City and any person who engages in any business required to be licensed, without obtaining a license so to do, shall be liable to an action by and in the name of the City in any court of competent jurisdiction for the recovery of any such amount. SECTION 203. License Collector. The City Clerk and/or his authorized deputy shall serve as cense Collector and shall be the custodian of all funds collected thereunder until trans- ferred to the City Treasurer. All funds collected by the License Collector under this ordinance shall be deposited daily with the City Treasurer. SECTION 204. License - Contents Of. Each license issued under this ordinance shall s a e upon a face thereof the following: A. The person to whom the same is issued. B. The kind of business licensed thereby. C. The amount paid therefor. D. The location of such business. E. The date of expiration of such license. In no case shall any mistake of the City Clerk in stating the amount of a license prevent or prejudice the collection by the City of what should be actually due from any person carrying on a business subject to« -a license under the provisions of this Article. -7- 255 Ordinance No. 42 SECTION 205. Dalin uene Persalt To every license men- tioned or provided or n s or nance remaining unpaid at the close of the thirtieth day of the month in which the license is issued, whether it be monthly, quarterly, semi-annual or annual license, a penalty of ten percentum of the amount of such license shall be added and an additional five percentum shall be added each thirty (30) days thereafter until paid, and the said penalty shall be collected and the payment thereof shall be en- forced in the same manner as other licenses are collected and the payment thereof enforced. No greater or less amount of money shall be charged or re- ceived from any license than is provided in this ordinance, and no license shall be sold or issued for any period of time other than provided in this ordinance. Daily license remaining unpaid at the close of twenty-four hours after the same becomes due, shall have a penalty of ten percentum of the amount of such license added and the said penalty shall be collected and the payment thereof shall be en- forced in the same manner as other licenses are collected and the payment thereof enforced. Weekly license remaining unpaid at the close of forty-eight hours after the same becomes due, shall have a penalty of ten percentum of the amount of such license added and the said penalty shall be collected and the payment thereof shall be enforced in the same manner as other licenses are collected and the payment thereof enforced. SECTION 206. No License Issued Where A 1lcant Indebted to Cit for an Un a cense Fee. o cense or any succeed - ng current or unexpired license period shall knowingly be issued to any person who at the time of making application for any license is indebted to the City for any unpaid license fee; provided that the City Clerk or his duly authorized deputy, may enter into an agreement with any person indebted to the City for non-payment of license fees for any past license period, agree- ing with such person that such person may pay delinquent license fees for any past license period in equal installments extending over a period not to exceed one year. In such agreement such debtor shall acknowledge its debt to the City and agree in case default be made in the payment of any installment agreed to be paid thereunder that the whole amount agreed to be paid shall become immediately due and payable and that in case suit be brought to enforce collection of the amount agreed to be paid under such agreement that the debtor will pay all costs of suit incurred by the City. In case such agreement is executed, licenses for any current or ensuing license period may be issued to any such person paying the fee prescribed for the current or ensuing license period, together with penalties, if any. SECTION 207. License Not Transferable. No license issued pursuant to this ordinance shall e rans arable; provided that where a license is issued authorizing a person to conduct a business at a particular location, such licensee may upon application therefor and paying a fee of Five Dollars ($5.00) have the license previously issued amended so as to authorize the conduct of such business from such other location. -8- 25�`, Ordinance No. 42 SECTION 208. Du leate License Fees. A duplicate license may be issued by the Ci�y�71e—irto replace any license pre- viously issued which has been lost or destroyed, upon applicant therefor filing an affidavit attesting to such fact, showing proof to the City Clerk that the loss of such license, license tag, or decal has been reported to the Sheriff's office, and at the time of filingsuch affidavit paying to the City Clerk a fee of One Dollar $1.00) therefor. SECTION 209. Posting and Keeping License. Except as otherwise specifically provicea Uyt the provisions of this ordinance, all licenses must be kept and posted in the follow- ing manner: a. Subject to other provisions of this ordinance, any licensee engaged in business at a fixed place of busi- ness shall keep the license issued posted at a con- spicuous place upon the premises where such business is conducted. b. Any person engaged in business in the City, but not operating from a fixed place of business, shall keep the license issued to him upon his person at all times while engaged in such business. c. Vehicles Garts Baskets. As directed by the City Cler , eac person riving, operating or having control of any wagon, cart or other vehicle, or using or controll- ing any tray, basket or other receptacle, or controlling, possessing or operating any machine, device or equipment, including vending machines, where a license is required under the provisions of this ordinance, shall fix thereon a metal license tag, plate, or decal as issued by the City Clerk and at the place directed by the City Clerk, or if the City Clerk shall so direct, shall procure a license holder and fix thereon for the purpose of holding the City license, or, if the City Clerk shall so direct, shall carry a license or identification card as directed by the City Clerk upon his person. Any license plate, tag or decal shall be placed so that it is always plainly visible. No person shall keep any license, or plate, or tag or decal, or identification card longer than thirty (303 days after the expiration of the term for which the license is issued, and no person, except the licensee or his authorized agent, shall take or remove any license, plate, tag, or decal, or identification card from the person lawfully entitled to the same or remove from the place where posted or fixed. SECTION 210. Enforcement. It shall be the duty of the City Clerk and/or h s aiuu Eor zed deputy or law enforcement agency or contractual representative of the City to enforce each and all of the provisions of this ordinance and of any other Article of this ordinance requiring the payment of any license fee. In addition, the City Clerk shall be responsible for the issuance of permits and licenses provided for in this ordinance and/or for the proper processing as required in this ordinance of all applications for licenses and/or permits. The Sheriff and Dis- trict Attorney of the County of Los Angeles, pursuant to contractual -9- 257 Ordinance No. 42 arrangement between the City and said County, may render such assistance in the enforcement of this ordinance as may be arranged by the said agencies and the City. The City Attorney shall advise the City Clerk and said agencies on the legal effect and application of any provisions of this ordinance. SECTION 211. Same. The City Clerk, or his authorized deputy, or the license enforcement agency as defined in Section 210, shall examine all places of business in the City to ascer- tain whether or not the provisions of this ordinance have been complied with. Said officer and each and all of his deputies and duly authorized employees shall have the power and authority to enter free of charge and at any reasonable time any place of business required to be licensed by the provisions of this ordinance, and to demand an exhibition of such license. Any person having any such license heretofore or hereafter issued in his possession or under his control who fails to exhibit the same on demand shall be guilty of a violation of this ordinance. It shall be the duty of the City Clerk, his deputies or the contractual law enforcement agencies of the City to cause a com- plaint to be filed against any and all persons found to be a violator of any provisions of this ordinance. SECTION 212. Same. The conviction and/or imprisonment of any person for engag ngng in any business without first obtaining a license to conduct such business shall not relieve such person from paying the license fee to conduct such business, nor shall the payment of any license fee prevent a criminal prosecution for the violation of any of the provisions of this ordinance. All remedies prescribed hereunder shall be cumulative and the use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the prosecution of violations of this ordinance. SECTION 213. De ut License Enforcement Officers. Deputy License Enforcement cera a all De directly responsible to the City Clerk and under his control and direction, and shall be appointed and hired by the City Manager subject to the appro- val of the City Council if and when needed on a full or part time basis. The Sheriff of the County of Los Angeles and his deputies, pursuant to contractual arrangements between the City and said County, may act as Deputy License Enforcement Officers. Said City Clerk and said Deputy License Enforcement Officers, hereinafter sometimes referred to as "his deputy," shall have the power to examine all places of business and persons in their respective territories liable to pay a license, and to see that such licenses are taken out. SECTION 214. Fees Pa able in Advance. All license fees �� ��N.nn�" shall be paid in advance o e y Clerkin lawful money of (��"�� the United States. The amount to be paid shall be determined in the discretion of the City Clerk and in accordance with the X0.70 terms and provisions of this ordinance. In case of dispute, the decision of the City Attorney as to the amount to be paid pursuant to the provisions of the ordinance shall be final. SECTION 215. Payment Dates. Except as otherwise provided for herein, licenses requIF ec under this ordinance shall be due and payable at the following times: -10- 25S Ordinance No. 42 A. Annual license on the first day of January of each year. B. Semi-annual license on the first day of January and the first day of July of each year. C. Quarterly license on the first day of January, first day of April, first day of July, and the first day of October of each year. D. Monthly license on the first day of each and every month. E. Weekly license on Monday of each week in advance. F. Daily license in advance on each day. SECTION 216. Branch Establishments. A separate license must be obtained for each ranc es a shment or separate place of business in which the business, profession or trade is carried on, and each license shall authorize the person obtaining it to carry on, pursue or conduct only that business, profession or trade described in such license, and only at the location or place of business which is indicated therein. SECTION 217. Provisions May Not be Waived. No person charged with the enforcement or any or THe provisions of this ordinance shall knowingly accept or receive any sum for any license which is less than or greater than the amount actually to be paid under the provisions of this ordinance. Notwith- standing the foregoing, the City Clerk, in the exercise of discretionary powers, may, within the limits and terms.of the provisions of this ordinance, set the amount of the license fee to be paid, based upon the facts before him pursuant to application and/or investigation and in accordance with the terms and provisions of this ordinance. SECTION 218Application. All applications for license shall be in writing upon a orm approved by the City Attorney and issued by the City Clerk. The applicant, in addition, shall submit any further information or evidence in writing as re- quired by the City Clerk or the City Attorney, or other desig- nated agency of the City. The application shall be verified by the applicant and shall be filed with the City Clerk. The City Clerk shall send copies of such application to those officers and departments designated herein, and to any other that may be designated by the City Council. SECTION 218.1. Information. Every officer and depart- ment to which an application for a license is referred shall be furnished with such additional information and the filing of such additional forms as he or it deems necessary. SECTION 218.2. Re �orticn An lication. Every officer and department to which a_np_ e erred shall, in writing, advise the City Clerk of all material facts necessary to deter- mine whether the license should be granted or denied, and of its approval or disapproval. SECTION 219. Term of License. Except in cases specifi- ow cally provided for otherwise n is ordinance, the license WA. term for licenses issued hereunder shall be from January 1 to December 31 of each year. Subject to other provisions of this 91 ordinance, the license fee required to be paid hereunder shall -11- 259 Ordinance No. 42 be due and payable on the first da of January of each year, and shall be delinquent thirty (30) days after the same becomes due. SECTION 220. A ortionment for Part of a License Period. In cases where a por on o e license period or term has lapsed prior to application for a license, the amount of the fee payable shall be apportioned on a quarterly basis and applicant shall pay three-fourths, two -fourths or one-fourth .- as the case may be of the total license fee, but in no case less than Five Dollars ($5.00). SECTION 221. Penalty. Any person who fails to file any required application sfa£—ement, or fails to pay the amount required hereunder within the time fixed by this ordinance shall be assessed the same penalty provided in this Article for failure to pay a license fee before it shall become delinquent, which sum shall become a part of the license fee required to be paid hereunder. No statement shall be conclusive as to the matters set forth herein, nor shall the filing of the same preclude the City from collecting by appropriate action such sum as is actu- ally due and payable hereunder. Such statement and each of the several items therein contained shall be subject to verification by the City Clerk. SECTION 222. Additional Powers oP Cit Clerk. The City Clerk shall have, in addition o a o iC powers conferred upon him, for good cause shown, the power to extend the time for filing any statement required for a period of not to exceed thirty (30) days, and in such case waive any penalty that would have otherwise accrued; and with the approval of the Council and the written approval of the City Attorney, to compromise any claim for license fee subject to the provisions of this ordinance. All moneys collected by the City Clerk under this ordinance for licenses shall be remitted to the City Treasurer daily. SECTION 223. Failure to File A lication Statement. If any person fails to f a any application statement requ red by this ordinance within the time prescribed hereby, or after demand therefor made by the City Clerk, fails to file a cor- rected application statement, the City Clerk, with the consent of the City Council first obtained, may determine the amount of the license fee due from such person from such information as he may be able to obtain. In case such determination is made, the City Clerk shall give notice of the amount so assessed by serving the same personally, or by depositing same in the United States Post Office in the City of Irwindale, California, with postage prepaid thereon, addressed to the person so assessed at his last known address. Such person may, within ten (10) days after the mailing or serving of such notice, make application in writing to the City Clerk for hearing on the amount of the tax. If such application is not so made within the time pre- scribed, the assessment shall become final. After such an application is filed the City Clerk must cause the matter to be set for hearing within fifteen (15) days before the City Council. Said City Council shall consider all evidence produced and shall make written findings thereon, a copy of such findings to be served upon the applicant, in the manner prescribed above for -12- 269 Ordinance No. 42 service of notice of assessment. Such findings shall become final at the expiration of five (5) days from the date of ser- vice, within which time exceptions may be filed by the applicant with the City Clerk. If filed, the City Council shall consider the same and make such modification as may be deemed necessary; thereupon the final assessment shall be made. SECTION 224. Application-- �Confidential. All applica- tions filed pursuant to the provisions oo'—th Section, for the purpose of ascertaining business license fees, shall be deemed confidential in character and shall not be subject to public inspection. It shall be the duty of the City Clerk to preserve and keep said statements so that the contents thereof may not become known except to the persons required by law with the administration or enforcement of this Article. SECTION 225. Exemptions. a. Religious, cha table raternal educational milita , state coup or municipal or an za ons. The prow s ons of this ordinance shall not be deemed or cons rued to require the payment of a license to conduct, manage or carry on any business or re- quire the payment of any license of any institution or organiza- tLon so conducted, managed or carried on fully for the benefit of charitable purposes or from which profit is not derived either directly or indirectly by any person. Nor shall any license be required for the conducting of any entertainment, concert, exhibition or lecture on scientific, historical, liter- ary, religious or moral subject whenever the receipts of such entertainment, concert, exhibition or lecture are to be appro- priated to any church or school or to any religious or benevo- lent purpose in the City, nor shall any license be required for the conducting of any recreation, entertainment, dance, concert, exhibition or lecture by any religious, charitable, fraternal, educational, military, state, county or municipal organization or association, whenever the receipts of any such entertainment, dance, concert, exhibition or lecture are to be appropriated for the purpose and objectives for which such organization or association was formed and from which profit is not derived either directly or indirectly by any person, or whenever any such entertainment, dance, concert, exhibition or lecture is limited to the members of any such organization or association, including their respective spouses. The provisions of this ordinance shall not be deemed or construed to require the pay- ment of a license by any religious, charitable, fraternal, educational or military organization or association conducting casual sales, concerts, dances, entertainment, exhibitions or lectures or other activities for fund-raising purposes and where the funds so derived are retained strictly for charitable, re- ligious, educational, fraternal or military purposes and do not go to the benefit or use or profit of any person. Provided, however, that nothing in this section contained shall be deemed to exempt any such organization or association in complying with the provisions of this ordinance, requiring such institu- tion or organization to obtain a permit from the City Council or proper officer to conduct, manage or carry on any business. b. and State ing to any person managing or carrying on or engaging in^any -13- 261 Ordinance No. 42 business exempt from taxation by municipal corporations by Article 13, Section 14, of the Constitution of the State of California, the laws of the State of California, and the Con- stitution of the United States. c. Veterans. Every honorable discharged or honorable relieved soldier, sailor or marine of the United States, who served in any Indian War, the Spanish American War, any Philippine insur- rection, the Chinese Relief Expedition, World War I, World �^ War II, or the Korean conflict, who is physically unable to obtain a livelihood by manual labor and who is a registered voter of the State of California, may distribute circulars and hawk, peddle, and vend any goods, wares or merchandise owned by him, except spirituous, malt, vinous, or other intoxicating liquor, without payment of any license fees or tax whatsoever, and shall be granted an exempt license by the City Clerk upon filing with the City Clerk the proper application and evidence of eligibility approved by the City Clerk. d. Blind. No blind person who is certified as blind by the Bureau o Vocational Rehabilitation, Department of Education, State of California, and engaged in retail sales, wholesale merchandising or manufacturing, shall be required to pay any fee for the license required in this ordinance. e. Civic �Organizations. 1 . Any circ organizations, Junior Chamber of Commerce, Chambers of Commerce, Parent Teacher Association, Veterans group, Church group, fraternal organization and other civic, religious or charitable group entitled to exemption and not coming under any part of this ordinance requiring a license shall be entitled to an Honorary License upon application to the City Clerk and payment of a fee of $1.00. 2. This section is not intended to be a mandatory requirement for those organizations set forth in subsection l of this section. f. Emerrene Services. Any pe the e' n ons o ections 10( place of business within the C: City or called upon to perform City of an emergency nature in life, property or rights of sor exempt from the provisions of 1 rson otherwise coming within -101, who does not have a fixed ty and who is called into the a service or act within the order to protect the health, eone within the City, shall be his ordinance. g. Interstate Commerce. Every person claiming to be entitled to exemption from a payment of any license provided for in this Section upon the ground that such license casts a burden upon his rights to engage in commerce with foreign nations or among the several states, or conflicts with the regulations of the United State Congress respecting interstate commerce, shall file a verified statement with the City Clerk, disclosing the interstate or other character of his business entitling such exemption. Such statement shall state the name and location of the company of firm for which the orders are to be solicited or secured, the name of the nearest local or state manager, if any, and his address, the kind of goods to be delivered, the -14- 262 Ordinance No. 42 name from which the same are to be shipped or forwarded, the method of solicitation or taking order, the location of any warehouse, factory or plant within the State of California, the method of delivery, the name and location of the residence of the Applicant, and any other facts necessary to establish such claim of exemption. A copy of the order blank, contract form, or other papers used by such person in taking orders shall be attached to the affidavit for the information of the City Clerk. If it appears that the applicant is entitled to such exemption, the City Clerk shall forthwith issue a free license. In case of dispute the decision of the City Attorney shall be final. h. Exemption Under Other Provisions of State Law. Every person claim' o be en itle�7co an exemp o�3= rom payment of any license fee provided for in this section, upon the ground that such license fee is exempt under State law, shall file a verified statement with the City Clerk disclosing the character of said business entitling such exemption. Said statement shall state the name and location of the company or firm claiming the exemption, the type of business conducted and facts establishing that said person, organization or firm comes within the exemp- tion of State law. Additional information shall be supplied to the City Clerk or City Attorney upon request, in order to ascer- tain whether or not the claimant meets the exemption of the State law. In case of dispute, the decision of the City Attor- ney shall be final. i. Secondhand Goods. When any person is engaged in any business licensed under Me—provisions of this ordinance and as an inci- dent to this business accepts secondhand goods as part payment on any new merchandise, such person shall not be required to ob- tain a license as a secondhand dealer for the doing of such acts and shall not be considered as dealing in secondhand mer- chandise, but shall be required to comply with Section 410 k of this ordinance. J. Exempt Licenses to be Endorsed. Whenever the City Clerk shall issue any license gran ng any exemption provided for in this Article, the person to whom such license is issued shall endorse thereon his signature in ink in the presence of the City Clerk or his deputy, and no such license shall be transferable. Any such exempt license shall be issued by the City Clerk, or his deputy, only for the minimum license period df any such business, and may be renewed for the same period under the same conditions and in the same manner as originally obtained. k. Exemption for Occasional Use. No license or fee hereunder shall be required or the opera ion of any motor vehicle or equipment along the streets of this City if such operation is merely occasional and incidental to a business conducted else- where; provided, however, that no operation shall be deemed merely occasional if trips or hauls are made beginning or ending within this City upon an average of more than once a week in any quarter, and a business shall be deemed to be conducted within this City if an office or agency is maintained here or trans- portation business is solicited here. -15- 263 Ordinance No. 42 1. Revocation of License Exem tions. At any time that it shall appear o e satisfaction o e ouncil that none of the con- ditions specified in this Article as meriting exemption from license requirements exists as to any person to whom any such exemption has been allowed, the Council may revoke such exemp- tion and the exempt license issued thereunder. m. Franchise etc. The provisions of this ordinance shall not be deemed orr c sued to require the payment of a license to conduct, manage or carry on any business not requiring the pay- ment of any license of any business granted a franchise by the City Council. SECTION 226. Revocation of Licenses. Any license, permit, or certificate issued by the City to any person to carry on any business under the provisions of this ordinance may be revoked or suspended by the City Council in the manner hereinafter pro- vided: a. The City Council may upon its own motion, or upon the written charges filed by the City Clerk or his deputy, or the City Attorney, give notice to any licensee or permittee to appear before the City Council at a time and place set for such hearing to show cause, if any there may be, why the license or permit issued to said licensee or permittee shall not be revoked or suspended. Said notice shall state the grounds for complaint or reasons for suspension in clear and concise language. b. Such notice shall be served upon the licensee or permittee not less than five (5) days and not over more than ten (10) days prior to the date set for said hear- ing. Upon good cause being shown, the licensee shall be entitled to a continuance until the next meeting of the City Council. c. On revocation of a license, no part of the money paid to the City therefor shall be returned, but the said license shall be forfeited to the City. SECTION 227. Sus ens ion of License Prior to Hearing. The. City Council upon i s own mo on may suspend any 13cense or permit without previous notice pending a hearing as hereinafter provided: a. When it appears to said City Council that the imme- diate suspension of any license or permit is necessary for the immediate preservation of the public health, morals, safety, and general welfare. b. At the time of the suspension of any license or permit the licensee or permittee shall be served with a written statement containing the reasons for such suspension. c. Within twenty-four hours after the suspension of any license as heretofore provided in this Section, and unless said license is sooner restored, said licensee or permittee must be served with a notice of hearing to show cause in the form as provided in subsection a of Section 226 hereof. -16- 2641 Ordinance No. 42 d. In all cases where a license has been suspended as provided in this section, the hearing of the charges upon which revocation of license is sought shall be held not earlier than the third day nor later than the fifth day after service of said notice, except at the request and with the consent of the licensee or permittee. SECTION 228. Licensee to be Heard. At any hearing pro- vided in this ordinance e licensee or permittee shall be given an opportunity to appear either personally or by counsel, and to be heard and to defend himself, and he may call wit- nesses on his behalf. The Council may continue such hearing from time to time upon good cause being shown therefor, provided, however, that if the license has been suspended prior to said hearing the same must be completed within two days, including the first day of hearing. SECTION 229. Council May Revoke or Sins end License. After conducting such nearing as ereina ova e prov3dec i or, the said City Council may revoke, suspend or reinstate any such. license or permit upon such terms and conditions as in the exer- cise of a reasonable and sound discretion it shall determine. The order of said Council revoking, suspending or reinstating said license or permit shall be final and conclusive. SECTION 230. Delivery of Notice. Any notice required to be given under this ordinance may be given either by personal delivery thereof to the licensee or permittee by personal deliv- ery thereof to any employee of such licensee or permittee at his place of business mentioned in the said license or permit, providing said licensee or permittee is absent from said place of business, or by depositing in the United States mail in a sealed envelope, postage prepaid, addressed to such person to' be notified in said license, or in other public records per- taining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the Post Office. SECTION 231. Proof of Notice. Proof of giving any notice herein provided may be made by the certificate of any officer or employee of this City, or by affidavit of any person over the age of eighteen years, which shows service in conformity with this Article. SECTION 232. Notification. The City Council shall orally or in the manner hereinbefore provided for giving notice, notify the licensee or permittee of any finding, suspension, revoca- tion, or reinstatement made by it, or any conditions attached thereto. SECTION 233. No License to be Issued. The City Council after revoking or suspending any such lice se or permit shall notify the City Clerk of such fact, and thereafter no license shall be issued by said City Clerk to any licensee or permittee to carry on any business or do any act for which such license or permit was granted until a new license or permit shall have been granted therefor by the City Council. -17- Ordinance No. 42 SECTION 234. New License Required. No person whose license o a or permit has been revor suspen a No to this Article shall engage in or carry on any business, or do any act permitted to be done pursuant to such license or permit during the period of suspension, or after revocation thereof, until a new license or permit shall have been granted. SECTION 235. False Statements. No person shall make any false, misleading or frauduleFE s atement or misrepresentation r- of any fact in any application for a license or permit required to be filed with the City Council, or with any Board, Commission, or authorized person of this City. In addition to any other penalties provided in any Article of this ordinance, such conduct shall be grounds for suspending or revoking any license or permit issued to such person. SECTION 236. Cost of Investi ation. If a license is denied or an applica lon ere or w yawn, the City Clerk may retain Ten Dollars ($10.00) of such license fee to partially defray the cost of investigation and processing by the City. P" SECTION 237. Penalties. Any person, firm or corporation violating any of the pr�vs ons of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than Five Hundred Dollars ($500) or by imprisonment in the County Jail for a period of not more than six (6) months, or by both such fine and imprison- ment. Each person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a separate offense for each day or portion thereof during which such viola- tion continues, and shall be punishable therefor as herein provided. -18- 265 26iF ARTICLE 3 - PERMITS (CITY COUNCIL) CERTAIN BUSINESSES SECTION 300. Permit Required for Certain Business. In addition to the paymen�of` a license ee, as provideea fo in this ordinance, certain businesses, professions, trades or occu- pations as set forth in this Article shall first obtain from the City Council a permit to operate said business, profession, trade or occupation within the City of Irwindale, pursuant to the terms and provisions of this Article. No person shall operate a business, profession, trade or occupation as here- inafter set forth without first obtaining a permit to do so. The City Clerk or his deputy shall not issue a license or accept a license fee from any person to conduct a business, profession, trade or occupation, as hereinafter set forth, unless said person has in existence a valid and unexpired per- mit from the City Council to perform said business, profession, trade and/or occupation. SECTION 301. Other Business not Enumerated. It is the intention of this Article to provide a spec a permit procedure for those businesses enumerated in this Article. The omission to enumerate other businesses and activities covered in other sections of this ordinance requiring permits or subject to fran- chises shall not be deemed or construed as an intention upon the part of the City Council to relieve said businesses or occu- pations from the permit procedure or franchise procedure under which they may be governed by other sections of this ordinance or State law. SECTION 302. Unlawful Businesses. Notwithstanding any other provisions of this ordinance, the City Clerk may not issue a permit to anyone to operate or participate in the opera- tion of any business, profession, trade, occupation, service or activity which is made unlawful by this or other ordinances of this City or by State law. SECTION 303. Application. The application for any permit required by this Art c e s a e filed with the City Clerk, shall be signed and verified by the applicant, and shall set forth the following: a The name and address of the applicant. b The name and address of the person by whom employed, if any. If filed in behalf of a partnership, corpora- tion or association, the names and addresses of the partners or principal officers of such corporation or association. (c) The nature of the business for which a permit is requested. (d The place where such business is to be conducted. (e A brief description of the nature and amount of equipment to be used in such business. (f) The personal description of the applicant. g Evidence of the identity of the applicant of such character as the Council or City Clerk, as the case may be, may require. (h) Finger prints and thumb prints of applicant only when specifically required. -19- 267 Ordinance No. 42 SECTION 304. License and Permit Fee. Unless otherwise stated in this Article, the -fee for filian application for a permit pursuant to this Article shall be 15.00, payable in ad- vance. The license fee prescribed in Article 5 of this ordinance for the particular business and the permit fee shall accompany the application. SECTION 305• Grantin or Refusal of Permit. Except as provided in this Art c e, a oune , after investigation of ^ said application and of said business proposed to be conducted, may grant or refuse to grant a permit. The Council shall have the right to refuse any such permit if it shall determine that the granting of the same or the conduct of the business will be contrary to the preservation of the public peace, health, safety, morals or welfare of the City or its inhabitants. If such permit is granted the Council may impose such terms, condi- tions, and restrictionsupon the operation and conduct of such business, not in conflict with any paramount law, as it may deem necessary or expedient to protect the public peace, safety, morals or welfare of the City or its inhabitants. Any applicant for such permit shall be entitled to a hearing thereon before the Council upon a request therefor. If a permit be denied the license fee paid shall be refunded; the permit fee shall not be refunded. SECTION 306• Posting. Such license shall be posted in a TF— conspicuous place on a premises where the business for which such permit is issued is conducted, and shall remain so posted during the period the permit shall be in force. SECTION 307. Non-Traferabili y. No permit issued under this Article shall be rans nsera a except by the consent of the Council. SECTION 308. Revocation Sus ensign Heari Notice. When the Council shallissue any perm un er a erms or this Article, the same may be revoked or suspended at any time there- after by the Council in the manner and in accordance with the procedure set forth in Article 2.•of this ordinance. SECTION 309. Businesses Professions Trades and Occu a - tions Re uirin Perm an- ons c a u es an e u s- ons overn nssuance o erm s e unlawfulo conduct e o ow ng ua nesses without having a permit to con- duct the same issued pursuant to the hearing before the City Council. Each application for a permit pursuant to the provi- sions of this Article shall be placed on the agenda of the r City Council by the City Clerk as soon as possible after an application meeting all requirements of this Article is filed with the City Clerk. The City Council shall thereafter hold a special hearing on the issuance of said permit, giving the appli- cant at least five (5) days' written notice of the time and place of the hearing, unless the applicant appears before the City Council and waives said notice. Those businesses, trades, and professions requiring a permit are as follows: (a) Advertisin b Benches. b 3 Arc ver s n SounCl Truck. c Auction es a s en or uctioneer. -20- Ordinance No. 42 1. Exemption: On property. No auctioneer's permit or license shall be required from any person selling his own property at his own private residence. d Bankru t Stock Bankrupt Sales, or Closeout Sales. e S33Tiar an ooTq! l . 1. Application ee7 W!th the application, the applicant shall pay to the City Clerk an appli- cation fee of Ten Dollars ($10.00), which shall be in lieu of the fee as set forth in Section 304. 2. Hearing before the City Council. At the time of hearing before the City Council, the City Coun- cil shall have before it the report of the law enforcement agency. f) Circus. g ance-Hall. i --ii Required. Except as provided in subsec- tion 2, no person may conduct or assist in conduct- ing any public dance hall, dancing club or any other public dance within the City of Irwindale unless under and by authority of a permit issued by the City Council. With the application, the applicant shall pay to the City Clerk an applica- tion fee of Ten Dollars ($10.00), which shall be in lieu of the fee set forth in Section 304. At the time of the hearing before the City Coun- cil, the City Council shall have before it the report of the law enforcement agency. 2. Exception. A non-profit organization or non- profit group of persons, charitable, religious, social or fraternal organizations, the City or County or State or Park and Recreation groups and organizations thereof, patriotic organizations, including organizations connected with Civil Defense, California State Militia, California State Guard, and organizations organized exclu- sively for social, religious, and charitable, purposes, schools and educational institutions and groups, and where said dance or dances are not customarily carried on as a commercial enter- prise and not more often than once a week, and where in each instance said person or organization claiming exemption delivers to the City Clerk, either personally or by first class mail, postage prepaid, a notice of the time and place of such dance at least three (3) days in advance of said dance, shall be exempt from the permit requirements of this Article. 3. Public Dance Hall Defined: See Section 105.14. 4. Public Dance. Isublic ance" means a gathering of persons in or upon any premises where dancing is participated in either as the main purpose for such gathering or as an incident to some other purpose, and to which premises the public is admitted. 5. Dancilub. "Dancing Club" means any club or assoc33a���on�of persons which conducts dances, other than public dances, for its members or bona fide guests more often than once per month. -21- 269 Ordinance No. 42 6. Club Dance. "Club Dance" means any dance held y a anc ng club. 7. Private Room or Booth. "Private Room or Booth" includes any room, booth, alcove, or enclosure, any part of which is not clearly visible at all times from the main dance floor located upon the same floor upon which'such private room or booth is located. 8. Teenage Dance. "Teenage Dance" means a non-profit r- public canoe or club dance for minors between the ages of thirteen and nineteen years of age to which no person twenty-one years of age or over, or under thirteen years of age, is admitted as a participant. Teenage dances shall require neither a deposit nor a fee and shall be exempt, provided the person or organization sponsoring or conducting said teenage dance shall deliver to the City Clerk, either per- sonally or by first class mail, postage prepaid, the time and place of such dance at least three (3) days in advance of such dance. 9. AAliea_t�ion Form. In addition to the requirements o s neTe, the application shall set forth the following facts: (a) The name and address of the applicant or applicants, and if any applicant be a firm, the names and residences of the partners thereof; if any applicant be an association, the names and residences of the officers thereof, and if an applicant be a corporation, the names and residences of the officers and directors thereof. (b) The place for which the license is desired or in which any dance is to be or dances are to be held. (c) The number and date of the dances to be held under the license. (d) Whether the application is for a new license or for the renewal of an existing license. 10. Teens a Daes Sponsor* A permit for a teenage ante s 7ncDess�ued only to an adult sponsoring group which has been approved by the City Council. (i) House Number Painter. shall be unlawful for any person, firm, cor- poration or organization, or agent or employee thereof, other than a duly designated City offi- cial or City contractual agent to place, paint or fasten, or cause to be placed, painted or fastened, r upon any curb, street, roadway, highway, sidewalk or other public property, any house number or address or other painted or printed matter. 2. Notwithstanding the foregoing, any person, firm, corporation or organization may place or cause to be placed or painted upon any public curb a house number in black paint in figures of the size of three inches in height and impressed upon a white background of the size of five by eleven inches, provided the consent of the owner or occupant of the property immediately adjacent thereto is ob- tained, and provided further that a permit to -22- 2'70 Ordinance No. 42 place numbers on curbs is first obtained from the City Council. i Bold Building and Exercising Parlors. j• s��sMe arlors . 1Dee n. Every person conducting or man- aging an- ag nig a —massage parlor where facial massages, fomentation, massage, electric or magnetic treatment or alcohol rubs are administered or given. 2. Exception. This Article does not apply to any course oT the practice of any healing art by any person licensed to practice any such art or profession under the provisions of the Business and Professions Code of the State of California, or of any other law of this State. (k) Patrol S stems. a�e cense Re uired. Every person apply - ng for a pa ro sys em shall first procure a license from the State of California. 2. A lications. In addition to those items requ re n this Article, any person desiring a permit to conduct a patrol system shallpay an application fee of Ten Dollars ($10.00), and said application shall contain the follow- ini: The name and address of the applicant. �b If the applicant is a partnership, the name and address of all partners. (c) If the applicant is a corporation, the names and addresses of the corporate officers and manager, and a certified copy of the resolution authorizing such app- lication. (d) The district or territory proposed to be served by the patrol system. (e) A description of the methods of operation. f The names and addresses of all patrolmen who are or will be owners, officers, or employees of the applicant. (g) A statement as to what offenses, if any, an erson mentioned in paragraphs (a), (b�,por (c) hereof, have been convicted, and of the time, place, and circumstances thereof. (h) Such other information as either the City Clerk or the Sheriff may require. 3. Evidence to be Submitted. With every applica- tion for a license to conduct a patrol system and with every application for a patrolman's license, the applicant shall produce evidence that: (a) He is a duly registered voter in the County, or has an honorable discharge from the Armed Forces, issued within one year last past, if an individual. (b) If a partnership, every partner is a duly registered voter in the County, or has an -23- 271 Ordinance No. 42 -24- honorable discharge from the Armed Forces, issued within one year last past. (c) If a corporation, that it is authorized to do business in the State of California and has appointed a local agent, who is a regis- tered voter of the County; upon whom process may be served. (d) He has a license pursuant to Section 7520 of the Business and Professions Code. 4. Investigation b Sheriff. Upon receipt of an applic�a n ol3cense to conduct a patrol system, the Sheriff shall investigate the char- acter, fitness, and qualifications of every person whose name appears on such application. He shall transmit such application to the City Clerk and recommend that he: Grant the license as applied for; or Na b Grant the license subject to certain condi- tions or for less territory than applied for, or both; or (c) Deny the license. He shall also inform the City Clerk as to what persons, in his opinion, should be permitted to act as patrolmen. 5. Hearing before Cit Council. Upon receipt of the repo o e er , e City Clerk shall set the application for hearing before the City Council, in accordance with the terms and provisions of this ordinance. The Sheriff shall also be notified of the time and place of said hearing. 6. Notice of CitCouncil Action. The City Council s a in orm he er and the City Clerk of its final action on each application for a license to conduct a patrol system. 7. Terms of License. Every license to conduct a patrol system sWall contain, among other things, an accurate description of the area in which operations are permitted and the names of all patrolmen permitted to such licensee. 8. Restricted to Area. A license to conduct a patrol system shall not authorize any person, either as patrolman, agent or owner, to patrol any territory outside of the area specified in the license of such patrol system. 9. Application to Modi The holder of a license to ccon uc a pa roTsys em at any time may file an application with the City Clerk either to change or .- increase his territory of operation or to add patrol- men, or both. If additional patrolmen are requested, unless already filed, such patrolmen shall file either applications for licenses or applications to modify existing licenses. 10. Manner of Modification. The City Council shall grant or deny applications to modify existing patrol system licenses in the same manner as in the case of original applications. 11. Personnel. The operator of a patrol system shall ne er employ or utilize the services in any way of a patrolman whose name is not on the license of such operator, or who does not possess a valid, subsisting license. -24- 272 Ordinance No. 42 12. License Not to be Sold. The holder of a patrol system license shall not sell, offer to sell, transfer or relinquish the privilege to operate a patrol system in territory assigned to him for any consideration whatever; nor shall such holder agree to advocate or agree not to oppose the granting of any other patrol system license. 13. Chane in Personnel. The holder of a license to conduct a patrol system shall so inform the City Clerk within five days after any patrolman no longer is an owner, member or employee of such licensee, and shall return the license and badge of such patrolman to the Sheriff. The City Clerk shall remove such patrolman's name from the license of such patrol system. (1) Patrolman. T=em tion. Patrolman does not include a person w o guar s the property of a single owner while such property is not open to the public; and the entire salary of such person is paid by the owner and there exists only an employer-employee relationship, or a person sho, as an employee, only incidentally guards such property but whose main or principal duty is not that of guarding or protecting property. 2. Application. Any person desiring a permit to ac a� s a patrolman shall file a verified applica- tion with the City Clerk, accompanied by a fee of Ten Dollars ($10.00) to cover said applica- tion. The application form shall contain the following: NThe name and address of the applicant. A statement of all businesses and occupa- tions engaged in for the last five years, and the names and addresses of not less than three persons able to verify the statement. (c) A statement of what offenses, if any, the applicant has been convicted of, and the time, place, and circumstances thereof. (d) A complete set of fingerprints of the applicant taken by the Sheriff. (e) The name and license number of the patrol system by whom he will be employed, or of which he is to be an owner or officer. If no such license has been granted the applicant shall state when an application for such license has been filed. (f) With every application for a patrolman's license, the applicant shall also file a letter from the licensee of a patrol system, certifying that such licensee desires to employ such patrolman or that such patrolman is, or will be, an owner or member of such patrol system. 3. Upon receipt of the application for a permit, the City Clerk shall refer said application to the Sheriff and the Sheriff shall investigate the -25- 273 Ordinance No. 42 -26- character and qualifications of said person. He shall transmit said application to the City Clerk and recommend that he: the license as applied for; or MGrant Grant the license subject to certain conditions or for less territory than applied for, or both; or (c) Deny the license. 4. Action by CityCounc�il. The City Council shall ,- grant an application for a patrolman's license by the same procedure, so far as appli- cable, as is provided herein for the granting or denial of a license to conduct a patrol system. 5. Issuance of Badge. If an application for a patrolman's license, other than a renewal, is granted, suchppatrolman shall thereupon pay Five Dollars ($5.00) as rental for a badge and Five Dollars ($5.00) as a deposit. 6. Change of Empto�er. Upon written application by Chaicensed pa�ro man accompanied by the written application of the patrol system which proposes to employ such patrolman, and upon satisfying the City Council by competent evidence that such patrolman is, or will be, no longer employed by the patrol system formerly employing such patrol- man, the City Council may modify the patrolman's license so as to designate the new employer and may modify the licenses of the patrol systems by removing such patrolman's name from the one license and adding it to the other license. 7. Notice of Change o_oyer. Unless a patrol- man applies o iave Fide—license modified as provided in Section (7) hereof, the City Council shall revoke the license of such patrolman when he is. no longer employed by the Patrol System named in his license. 8. Return of Badge. A patrolman shall turn in his badge and license to his employer when his license is revoked. A patrolman shall turn in his badge and license to his employer when he ceases to be employed as a patrolman. 9. Illegal Activities. A patrolman shall not, either yise '-or through the actions of another, harass, annoy or commit a nuisance against, or injure the property of, or unneces- sarily enter or otherwise trespass upon the property of any person whose property the patrol �- system of such patrolman is not employed to protect. 10. Equipment. The Sheriff shall specify the police eqni, including weapons, which a licensee may wear while on duty. A licensee shall not wear any equipment or weapon or carry any weapon not so specified. 11. Uniform. A patrolman shall not wear any uniform wwwFlos in imitation of, or can be mistaken for, an official Sheriff uniform or an official police uniform of the police force of any city within the County of Los Angeles, or an official uniform of any State officer. -26- 274': Ordinance No. 42 12. Identification to be Carried. While engaged in s duties a patrolman s a keep upon his person at all times his license and shall wear the badge issued by the Sheriff. He shall wear no other badge of any kind, character or description, except a badge issued to him by lawful govern- mental authority. 13• Rank and Title. A patrolman shall not assume or use a rank itle the same as or similar to any rank or title used by the Sheriff or by a police department within the County of Los Angeles. 14. Bad 12 Not to be Transferred. A person shall not give— Notto or sea any patrolman's badge or any badge of a design the same as, or so similar to the patrolman's badge as to be mistaken there- for, to any private person. 15. Unauthorized Ownership. A person shall not pur- e ase or receive as a gift, pawn or pledge any patrolman's badge. 16. Rutyy to Report_. Licensees shall not perform �`ic� pl olice or investigation activities, but shall immediately report every violation of law and every unusual occurrence to the nearest Sheriff or police substation. A licensee shall make a full report of such violation or other occurrence without unnecessary delay to such substation. (m) Taxicabs and Taxicab Drivers. Permits for taxicabs and taxicabdrivers shal procured in accordance with Ordinance No. 33. (n) Hog Ranches. 1. Application Fee. With the application, the appli- cant s a C Fay—to the City Clerk an application fee of $20.00, which shall be in lieu of the fee as set forth in Section 304. 2. Investi ation b Live Stock Ins ector. The Live Stocknspec or s a ma a an Hues gation to determine whether or not the location is satisfac- tory for the hogs or other livestock, the appli- cant is a fit person to conduct such place, the premises, buildings, equipment for feeding hogs and maintenance of same are being conducted in a sanitary manner which will comport with the public peace, health, and safety. 3. Hearing before Git Council. At the time of the nearing before e y ouncil, the City Council shall have before it the report of the Live Stock Inspector. (o) Dum s. _Ap li�catioon Fee. With the application, the appli- canI'�pay to the City Clerk an application fee of $20.00, which shall be in lieu of the fee as set forth in Section 304. 2. Investi ation b Cit En sneer. The City Engineer s a ma a an Hues gag a on o determine whether or not the location is satisfactory, what condi- tions should be imposed to protect the public peace, health, and safety, and will so report to the City Council. -27- 275 Ordinance No. 42 3. Hearing Before Cit Council. At the time of the hearing before e y ouncil, the City Council shall have before it the report of the City Engineer. 4. Bond. A faithful performance bond written in avor of the City shall be read as a condition to the issuance of a license to conduct a dump, which shall include the following conditions: (a) The applicant shall comply with all the terms and conditions of any permit, license or exception granted, and with all laws, statutes, ordinances, and regula- tions relating to dumps. (b) The applicant and surety agree that should the applicant and the surety fail as deter- mined by the City Engineer to comply with any such conditions or regulations, or fail to correct such violations within ten days after serving of notice by first-class mail on the applicant and the surety by the City Engineer, the City Engineer may enter the dump and perform any corrective work necessi- tated by any failure of the operator of the dump to comply with any such conditions, laws, statutes, ordinances or regulations. (c) The principal and the surety agree to reim- burse the City of Irwindale for all costs incurred by the City Engineer or by the City in the performance of such corrective work. (d) The bond may contain a provision giving the surety the option to cancel the bond upon thirty (30) days before the effective date of the cancellation to the City Engineer, providing that such cancellation shall not impair any right of the City to reimburse- ment for correction of conditions resulting from violations of such terms, conditions, laws, statutes, ordinances or regulations, which violations occurred before the effec- tive date of cancellation of the bond, whether the work of correction was performed before or after such effective date. 5. Amount of Bond. If the area of the dump is five acres or esa, the bond shall be not less than $5,000. If the area of the dump is more than five acres, the bond shall be for $1,000 per acre but in no case to exceed $25,000. .- (p) Fertilizer Processors. -28- 276 Ordinance No. 42 ARTICLE 4 - PERMITS (CITY CLERK) SECTION 400. Permits Issued for Certain Businesses b City Clerk. In addition to the payment of a license fee as pro- ve a or in this ordinance, certain businesses, professions, trades and/or occupations as set forth in this Article shall obtain first a permit from the City Clerk to operate said business, profession, trade or occupation within the City of Irwindale pursuant to the terms and provisions of this Article. No person shall operate a business, -profession, trade or occu- pation as hereinafter set forth without first obtaining a permit to do so from the City Clerk. SECTION 401. Other Businesses not Enumerated. It is the intention of this Article to provide spec a perm procedure for those businesses enumerated in this Article. The omission to enumerate other business and activities covered in other sections of this ordinance requiring permits or subject to franchises shall not be deemed or construed as an intention upon the part of the City Council to relieve said businesses or occupations from the permit procedure or franchise procedure under which they may be governed pursuant to this ordinance or State law. SECTION 402. Unlawful Businesses. Notwithstanding any other provision of this ordinance, the City Clerk shall not issue a permit to anyone to operate or participate in the opera- tion of any business, profession, trade, occupation, service or activity which is made unlawful by this or other ordinances of this City, and State or Federal law. SECTION 403. Application. The application for any permit required by this Art c e s a e filed with the City Clerk, shall be signed and verified by the applicant, and shall set forth the following: a. The name and address of the applicant. b. The name and address of the person by whom employed, if any. If filed in behalf of a partnership, corpora- tion or association, the names and addresses of the partners or principal officers of such corporation or association. C. The nature of the business for which a permit is requested. d. The place where such business is to be conducted. e. A brief description of the nature and amount of equipment to be sued in such business. f. The personal description of the applicant. g. Evidence of the identity of the applicant of such character as the Council or City Clerk, as the case may be, may require. h. Fingerprints and thumb prints of applicant only when specifically required. SECTION 404. License and Permit Fee. Unless otherwise stated in this Article, the fee for filing an application for a permit pursuant to this Article shall be $2.00, payable in advance. The license fee prescribed in this Articel for the -29- 277 Ordinance No. 42 particular business and the permit fee shall accompany the application. SECTION 405. Grantin or Refusal of Permit. Except as provided in this Art c e, tne city Clerk, a er nvestigation of said application and after the processing of said applica- tion as provided for herein, may grant said permit, provided all the terms and conditions of this Article are met. SECTION 406. A cal to the Cit Council. Any person aggrieved by the act on o e y Clerk in the refusal to issue a permit as provided herein shall have the right to appeal to the City Council. Such appeal shall be taken by filing with the City Clerk, within ten ,(10) days after notice in writing of the action of said City Clerk complained of has been received by said applicant or has been mailed to appli- cant's last known address, a written statement setting forth in general that an appeal to the City Council has been taken from such refusal to issue a permit, and setting forth the reasons why the appeal is taken. The City Clerk shall set a time and place for hearing on such appeal before the City Council and notice of such hearing shall be given to the applicant by mailing notice, postage prepaid, to applicant's last known address at least five (5) days prior to the date set for hearing. The hearing shall be set within thirty (30) days following receipt of the notice of appeal. Said hearing may be continued from time to time by the City Council as it deems necessary. The City Council may in its discretion grant or refuse said permit based upon the public peace, health, safety, morals or welfare. SECTION 407. Posting. Such permit shall be posted in a conspicuous place opremises where the business for which such permit is issued is conducted, and shall remain so posted during the period the permit shall be in force. SECTION 408. Non-transferabil��it�� No permit issued under this Article a a e tans erable except by the consent of the Council. SECTION 409. Revocation Sus ension Heari Notice. Any permit issued pursuan o e erms o s r e e may be revoked or suspended at any time thereafter by the City Council in the manner and in accordance with the procedure set forth in Article 2 of this ordinance. SECTION 410. un aw u o con uc e o ow n us nesses w thout having a permit to conduct the same issued by the City Clerk pursuant to this Article. Those businesses, professions, and trades requiring a permit are as follows: a. Ambulances. I�in�tion. Ambulance Operator. "Ambulance Opera o r means any person w o, or any monetary or other consideration or as an incident to any other occupation and not pursuant to any contract -30- 278 Ordinance No. 42 with the County, transports in one or more ambu- lances one or more persons from any location in the City to any hospital or other place giving first aid or medical treatment, regardless of the location of such hospital or other place. 2. Definition - Exception. The words "ambulance operator" o include a person who maintains ambulances for the use of his own employees in connection with the operation by such person of a plant hospital or first aid station for such employee. 3• Permit. The City Clerk shall not issue a permit to any a-m-Fulance operator unless the applicant first files with him a policy of liability insurance on such ambulances. The minimum amount of recovery for such policy shall not be less than the following sums: a. For the injury to any one person or the death of any one person in any one accident, Ten Thousand Dollars. b. For the injury to two or more persons, or death of two or more persons, or the injury to one person or more, in any one accident, Twenty Thousand Dollars. c. For the injury or destruction of property in any one accident, Five Thousand Dollars. 4. Insurance - Cancellation. The insurance policy required a ore an ambulance -license is issued shall not provide for the cancellation thereof unless it provides that not less than 30 days' written notice of such cancellation shall first be given to the City Clerk. 5. Rebates. An ambulance operator shall not give, direM or indirectly, or cause to be given, any rebates, commissions, reserve rebates, or any reduced rates or cash discounts to any person or persons, or groups of any nature, except as provided herein. 5 Rates - General. An ambulance operator shall charge eo ow ng rates, no more, no less, for one patient: a. Response to call and first mile or fractions thereof, Ten Dollars. b. Each additional mile or fraction thereof, One Dollar. 7. Rates Additional Patients. An ambulance operator may an s c argeor eac additional patient carried at the same time one-half of the cost allowed for only one patient. For group loads from the same origin to the same destination the ambulance operator shall divide the total charges, other than special charges, equally among the patients. 8. Rates - Special Handling. In cases requiring special Handling or in cases where special services are requested either by the patient or his authorized representative, the ambulance operator, if he separately itemizes such charge in any bill presented to the patient, in addition to the other charges permitted by this Article, may charge and collect an amount equal to the cost of furnishing such special handling or special services. -31- 279 Ordinance No. 42 9. Definition - Ambulance Driver. Ambulance Driver means any person who drives an ambulance not pursuant to any contract with the County, in which is transported any person needing medical attention, which person entered or was placed in such ambulance at any location in the City of Irwindale. 10. Permit - Ambulance Driver. The City Clerk shall not issue a permit to any ambulance driver unless said ambulance driver shall, within thirty (30) days after applying for an ambulance driver's permit, register with the American Red Cross and obtain and keep in his possession a standard Red Cross card. b. Automobile Repairers. 1. Definition - Automobile Repair Shop. "Automobile Repair Shop" means: a. Any place where motor vehicles of others are repaired for a charge. b. Any place where the work of repairing motor vehicles is carried on as an incident to the business of selling motor vehicles, or new or used motor vehicle parts, or as an incident to any other traffic in motor vehicles or their parts or equipment. 2. Definition - Exemption - Automobile Repair Shop. ^denm'�.: �� Anes n^v in^ ii w onv n AnP where only the following work is done: a. Tire changing or tire repairing. b. Lamp globe or lamp changing. c. Fan belt changing. d. The charging or changing of batteries. e. Work only for an automobile repairer and not the owner of the motor vehicle. f. Fitting and replacing glass in motor vehicle window. g. Cutting and fitting seat covers. h. The installation of such minor parts or the making of such trivial repairs as is customarily done as an incident to the business of selling motor fuel, oil or accessories. i. Painting and enameling. J. Body and fender work. 3. Definition Re direr. "Repairer" means any person who manages, eon uc s,,—or runs an automobile repair r shop. 4. Records - Wreck or Collision. Every repairer shall keep a record upon forms prescrIbed by the Sheriff, of the repairs on every motor vehicle where there is physical evidence of a wreck or collision. 5. Records - Repairers. Every repairer shall keep a recor upon orms prescribed by the Sheriff of every repair of a motor vehicle for which a charge of Five Dollars or more is made. 6. Records - Secondhand Parts. Every repairer shall keep a record upon forms prescribed by the Sheriff of the name and address of every person from whom second- hand parts were obtained. Such person shall sign such records. The repairer shall require such persons to sign such records. -32- 280 Ordinance No. 42 7. Records - Serial Numbers. Every repairer shall keep a record on forms prescribed by the Sheriff, of all motor changes, frame changes, body changes, and the serial and factory numbers of all radios which he installs. 8. Inspection of Records. For a period of not less than one year atter the completion of the work, a repairer shall make available to inspection by the Sheriff or by any other peace officer during business hours all records required by this ordinance. 9. Itemized Statements. Upon the demand of such person, a repair s a 1 furnish an itemized state- ment of parts and labor used in repairing any motor vehicle of the charges made therefor, to: a. The legal owner of such motor vehicle. b. The registered owner of such motor vehicle. c. The insurer of such motor vehicle or the legal or registered owner or operator thereof. 10. Second Hand Parts. Whenever a repairer uses any second-hand parts in repairing or altering any motor vehicle, such repairer shall so inform the person for whom he is performing such repair or alteration, and shall also so state upon any bill rendered and upon any record required by this ordi- nance. 11. �Signs. Every repairer shall maintain upon the front of -Fits place of business a sign displaying in plainly legible letters his name or any fictitious name under which he conducts his business. 12. Revocations. In addition to other reasons, the City ounc may revoke the license of any repairer upon any of the following grounds: a. The conviction of the repairer or his agent, servant, or employee of the theft or other unlawful taking of any motor vehicle or motor vehicle part. b. The mutilation or alteration of any engine number or serial number of any motor vehicle. c. The misstatement of work done, among other things including: 1. The installation of old parts and charging for new ones. 2. Charging for parts not installed. d. Conspiracy with any person to defraud the owner of any motor vehicle or any person financially interested in the cost of repair of any motor vehicle. e. Making any false statement relating to the repair, storage or towing of any motor vehicle. c. Auto Wreckers. 1. e n t on. "Auto Wrecker" means every person whouy�otor vehicle, as the term "motor vehicle" ., is defined in the State Vehicle Code for the purpose of dismantling or disassembling or who dismantles or disassembles any such motor vehicle, whether for the purpose of dealing in any of the parts thereof or using the same for the purpose of reconditioning any other vehicle, or for the purpose of selling or otherwise dealing in materials of such motor vehicles. -33- 281 Ordinance No. 42 2. Records. Every auto wrecker shall keep records upon prescribed by the Sheriff and made and given in the manner prescribed by the Sheriff of the required information relative to automobiles wrecked, dismantled, purchases, pledges, or consignments. d. Cafe, Food Establishments, Public Eating Place or a permit to any cafe, food establishment, caterer, public eating place, or hawker unless said business has and keeps in effect a permit from the Health Officer for the conducting of said business. 2. Application Fee. Each applicant for a health permIt pursuant to this section shall pay a fee upon the filing of said application with the City Clerk in the amount of Ten Dollars, payable in advance. The application shall be filed with the City Clerk and shall meet all the terms and requirements of this Article, and shall contain any additional information and evidence as required by the Health Officer. 3. Permit. The application shall thereafter be referr—Tec to the Health Officer for processing and report to the City Clerk. If the Health Officer approves the issuance of a permit, the City Clerk shall, upon payment of the business license as provided in this ordinance, issue a permit to said applicant. Where the applicant has a valid unexpired County health license, the City Clerk and the Health Officer may agree, if they find that the public health will be protected, to accept that license in lieu of an application and issuance of an additional license by the City. No business license shall be issued by the Clerk to any person for any cafe, food establish- ment, public eating place, or hawker, unless said applicant first presents to the City Clerk either a current valid or unrevgked City or County health permit, or both, as determined by the City Clerk and Health Officer, aforesaid, or evidence in writing that without the performance of any further condition by the applicant, such a permit will issue. e. Locksmith. c smith Business Defined. Locksmith business means the- business, trade, or occupation of making, fashioning, or duplicating keys for locks or similar devices, or constructing, reconstructing, or repair- ing or adjusting locks, or opening or closing locks for others by mechanical means other than the regular keys furnished for that purpose by the manufacturer of the locks. 2. Information. Every application for a locksmith P permit may in a dition contain such additional informa- tion as the City Clerk shall deem necessary. The City Clerk shall consult from time to time with the Law Enforcement Agency concerning the additional information necessary for said application. 3. Processing. All such applications shall be forwa-Red-to-the Law Enforcement Agency for a report and/or recommendations by the Law Enforcement Agency. -34- Ordinance No. 42 If the Low Enforcement Agency reports to the City Clerk recommending that the permit be denied, the City Clerk must deny the issuance of said permit. f. Solicitors. I7.__Perm t. All persons soliciting, as defined in Sectlo—n-TU5.21 of this ordinance and not coming within the definition of peddlers, as set forth in Section 503.23, shall, before so soliciting the sale of goods and services, as defined therein, have a valid unexpired permit to do so issued by the City Clerk as provided for herein. 2. Application. In addition to the requirements setorf tFi inaction 403, the applicant shall set forth the following: a. Name and permanent home address of each solicitor. b. Length of time for which right to do business is desired. c. The name and address of the employer or the person, firm or corporation for whom said solicitor is performing his services. d. The name and address of the person, firm or corporation where further development, consumma- tion or completion of the services performed by said solicitor will be done, the proposed method of delivery to the purchaser or consumer, and the length of time within which the delivery will be made. e. The nature of the type of soliciting to be per- formed. In other words, whether said soliciting is for the sale of goods, and if so, the general description of the type of goods to be sold, or whether the soliciting is for the sale of ser- vices to be performed in the future, and if so, the type of services sought to be sold, and the time and place for possible future performance. f. Two photographs of the applicant and taken within sixty (60) days immediately prior to the filing of the application, which picture shall be 2" x 2" showing the head and shoulders in a clear and distinguishing manner. 3. _Ap�lica�tion Fee. Every person filing an applica- tion o -fir a solicitor's permit under this subsection shall file with said application a fee in the amount of $10.00, which shall not be refundable under any circumstances. This fee is in addition to the license fee required by Section 503.26. The purpose of the application fee is to help defer the cost of the in- vestigation of the applicant. The fee herein provided shall be in lieu of the fee set forth in Section 404 of this ordinance. 4. Investi_gati�on. Upon receipt of said application a copy tnereor shall be transferred to the license investigation officer of the City of Irwindale for investigation and report concerning applicant's business and moral character, in the protection of the public. If, as a result of such investigation the applicant's character or business responsibility -35- 283 Ordinance No. 42 is reported to be unsatisfactory and such is endorsed upon the application with the reason thereof being stated, the City Clerk shall notify the applicant that his application is rejected and that no license will be issued. If, on the other hand, as a result of such in- vestigation, the business responsibility and character of the applicant are found to be satisfactory, such fact shall be endorsed upon the application and �^ returned to the City Clerk, who shall, upon payment of the license fee herein described, issued and de- liver to said applicant his license. S. Permit. Each permit shall show the name and address each solicitor permittee and have attached thereto a picture of said permittee, in addition to other matters which business permits require to show pursuant to the provisions of this ordinance. g. Car Dealers. 'i�ermit. A permit shall not be granted to any carea er, both new and used, unless he has a dealer's certificate issued pursuant to the provisions of the State Vehicle Code, and unless he has otherwise com- plied with all requirements of State law. A permit issued to a car dealer is good only as long as he has his certificate or other permit required by State law, and shall be automatically revoked without notice should such certificate or permit be revoked or if at any time such car dealer does not have such a permit or certificate. h. Secondhand Dealers. The City Clerk shall not issue a permit to any secondhand dealer unless and until the application for such permit has been approved by the Sheriff. The application fee for such permit shall be the sum of $10.00, which fee shall be in lieu of the fee set forth in Section 404. 1. Every secondhand dealer so licensed shall be required to keep and make reports on such forms as may be required by the Sheriff and approved by the City Attorney. 2. A secondhand dealer, other than a used car dealer, shall not melt, destroy, sell or otherwise dispose of any article, goods, wares, merchandise or thing ob- tained in such business until fourteen (14) days after Braking a report to the Sheriff, on forms provided, that such article, goods, wares, merchandise or thing ,., has been purchased or received by such dealer. i. Junk Dealers. The City Clerk shall not issue a permit to any unc Dealer unless and until the application for such permit has been approved by the Sheriff. The application fee for such permit shall be the sum of $10.00, which fee shall be in lieu of the fee set forth in Section 404. 1. Every Junk Dealer so licensed shall be required to keep and make reports on such forms as may be required by the Sheriff and approved by the City Attorney. -36- 284 Ordinance No. 42 J. Swap -Meets. The City Clerk shall not issue a permit to any wap Meet Operator unless and until the ap- plication for such permit has been referred to the Sheriff for investigation and a report on such investigation has been received from the Sheriff. The application fee for such permit shall be the sum of $10.00, which fee shall be in lieu of the fee set forth in Section 404. 1. Every Swap Meet operator so licensed shall be re- quired to keep and make reports on such forms as may be required by the Sheriff and approved by the City Attorney. k. Trade-in Dealer. "Trade-in Dealer" means any person engaged in the business of selling at retail new goods, wares, and merchandise, who, in conjunction with such business sells or offers to sell any secondhand goods, wares, or merchandise received as payment, or part payment, for new goods, wares or merchandise, except used tires or used batteries which are taken as full or as part payment for new tires or new batteries, who sells no other second- hand goods, wares or merchandise. 1. Reports. On or before the tenth day of every calen&ar month every trade-in dealer shall either personally deliver or mail to the City Clerk a complete report of all goods, wares, merchandise or other things received as trade-ins which have a serial number, frame number, motor number or other identifying number or letter, or group of letters. This section does not require a report of the re- ceipt of any goods, wares, merchandise, or other things which: (a) Have no identifying number or letter or group of letters or (b) Was originally sold new by the same trade-in dealer. (c) Used tires or used batteries taken as trade-ins for new tires or new batteries. 2. Every Trade-in Dealer so licensed shall be re- quired to keep and make reports on such forms as may be required by the Sheriff and approved by the City Attorney. ^+ 1. Advertising by Distributing Handbills. M. Advertising by Posting. n. Advertising by Searchlight. o. Advertising by Banner, Pennants, Flags or Decorations. p. Automobile Rental. Every person conducting the business of renting motor vehicles without drivers shall keep a -37- 285 Ordinance No. 42 record of all rentals on a form to be prescribed by the Sheriff and approved by the City Attorney. A person shall not rent any motor vehicle without a driver unless the person who is to operate such vehicle exhibits to the lessor a valid existing operator's license or chauffeur's license permitting such operator to operate such vehicle upon the public streets and highways of the State of California. All information required by the Sheriff's Department appearing upon such license shall be taken from such license. A license issued pursuant to this ordinance to conduct the business of renting motor vehicles without drivers does not permit the sale of such vehicle. q. Charitable Solicitations. See Section 502.26. r. Key Duplicator. 1. Key Dupilcator Defined. Every person not prin- cip&Tly engaged G tHe—Tocksmith business as here- inbefore defined, who in his place of business duplicates keys for locks or similar devices. s. Advertising by Sound Trucks. t. Pawn Brokers. 1. Definition - Pawn Broker. "Pawn Broker" means any person engaged in any one or more of the following businesses: a. Pawnbroking. b. Lending money for himself or any other person upon personal property, pawns or pledges in the possession of the lender. C. Purchasing articles of personal property and reselling or agreeing to resell such articles to the vendors or assignees at prices agreed upon at or before the time of such purchase. 2. Definition Pawnshop. A "Pawnshop" is any room, store, building or oto place in which the busi- ness of pawnbroker is engaged in, carried on, or conducted. 3. The City Clerk shall not issue a license to any pawn broker unless and until the application for such license has been approved by the Sheriff. 4. Every pawn broker so licensed shall be required to keep and make reports on such forms as may be required by the Sheriff and approved by the City r^ Attorney. U. Rubbish. Waste, and Garbage Collection and Transportat 1. Every person operating one or more trucks in the business of collecting, transporting, conveying, haul- ing, or disposing of any rubbish, garbage, waste or refuse from the property where such materials origi- nate, to any other location for transfer, salvage or disposal within or outside of the City of Irwin- dale, where such acts are not being carried on or conducted pursuant to a franchise or contract granted or entered into by the,City of Irwindale, shall, -38- 28( V. Ordinance No. 42 before so conducting such business, apply to the City Clerk as provided herein and meet the other requirements and conditions of this ordinance. The City Clerk shall determine that said require- ments and conditions are met before issuing a license. 2. Householder's Exclusion. Householders hauling occasional oa s of waste, refuse or manure not containing garbage from his own premises to a legal point of disposal shall be excepted from the provi- sions of this ordinance. 3. Gardener's Exclusion. This ordinance does not apply to hauling and disposal of grass cuttings, pruning, manure or other rubbish not containing garbage to or at a legal point of disposal as a part of gardening or horticulture. 1. Applicants to met Forth Locat_Io_n_._Tn addition to the requ rements o thisArticle, each owner or operator of a vending or other coin-operated machine shall report to the City Clerk the location or place of each machine and give said City Clerk a complete description of the type of machine so located and the type of amusement, service, enter- tainment, goods, wares, merchandise, edibles or liquids supplied by said machine. Such a machine shall not be moved from this location unless the applicant files a written statement with the City Clerk to relocate said machine. 2. n Coi-0 erated Games of Skill. Coin-operated machinea o t e so-called games of skill nature shall not be installed unless a permit to do so has been obtained from the City Council and a previous report received from both the City Attorney and Sheriff as to whether or not such machine would be legal under State and local ordinances, and also as to the feasibility of licensing such a machine. W. Collection Agencies. The City Clerk shall not issue a permit to any collection agency or collection company unless and until the applicant for such license has filed with the City Clerk, in a form approved by the City Attorney, a policy of insur- ance or undertaking inuring to the benefit of any person or persons who may be damaged or injured by any action of such licensee. The minimum obligation under such policy of insurance or undertaking shall be the sum of $5,000 for the licensee, and the sum of $5,000 for each agent and employee thereof. X. Auctioneers. 1.o�—The City Clerk unless and until applicant ful performance bond with as follows: -39- shall not issue a license shall have filed a faith - the City Clerk, substantially —In 287 Ordinance No. 42 AUCTIONEER'S BOND KNOW ALL MEN BY THESE PRESENTS: That we , as Principal, and and as Sureties, are held and firmly bound, both jointly and severally, in the sum of Five Thousand Dollars, lawful money of the United States, unto the City of Irwindale, a municipal cor- poration, and to every person, firm or corporation, insuring any of them against any loss or damage that may result toe rson, firm or corporation who is aggrieved or damaged by any act of the principal as auctioneer or by any of his employees in violation of or contrary to any provision of Section 410 of Ordinance 42, entitled "AN ORDINANCE LICENSING THE TRANSACTION AND CARRYING ON OF CERTAIN BUSINESSES, TRADES, PRO- FESSIONS, CALLINGS AND OCCUPATIONS IN THE CITY OF IRWINDALE, FOR THE PURPOSE OF RAISING MUNICIPAL REVENUE," adopted , or by the fraud or other mis- dealing of any kind by the principal or by any employee of the principal. This undertaking is not void upon the first recovery but may be sued upon and recovered upon from time to time by any person aggrieved until the whole penalty is exhausted in the full sum of $5,000 lawful money of the United States of America, for the payment of which well and truly to be made we hereby bind ourselves and our heirs, and each of our successors and assigns, jointly and severally, firmly by these presents. The conditions of this obligation are such that, whereas, the said principal has applied, or is about to apply to the City Clerk of the City of Irwindale for a license to engage in the business of auctioneer in accordance with the provisions and requirements of said Ordinance No. 42 of the City of Irwindale. NOW, THEREFORE, if the said principal shall faith- fully abide by and conform to the provisions of Section 410 of said Ordinance No. 42 of the City of Irwindale, and neither said principal nor any of his employees cheats, defrauds, or otherwise injures any customer of said principal, then this obligation shall be void; otherwise this obligation shall remain in full force and effect until the full penalty thereof is exhausted and - — any person suffering damage by reason of a violation of any of the conditions of the obligation by the principal therein named or any of his employees, may sue and re- cover thereon in his, its or their own name. The liability of the sureties upon this bond shall be and remain in full force and effect for the full period of the license issued to the principal herein named and thereafter upon any liability incurred by the principal during such period as long as he remains liable thereon. Discharge in bankruptcy of the princi- pal shall not relieve the sureties of any incurred liability. IN WITNESS WHEREOF the said principal and the said sureties have caused these presents to be duly signed -40- OSS Ordinance No. 42 this day of , 195, to be effective and to expire_ -41- r nc pa Surety �+ Surety Ordinance No. 42 ARTICLE 5. SCHEDULE OF LICENSE FEES SECTION 500. License Fee. Duration of License. The fee for any license required y ArticTe__2__o7 this ordinance shall be that set forth in this section for the particular business involved. The fee and the duration of the license shall be annual, thissection. The letter y"a"efollowingdthe yindicated as fee shall indicate r- an annual fee, the letter "d" shall indicate daily fee, the letter "m" shall indicate monthly fee, the letter "q" shall indicate quarterly fee, and the letter "w" shall indicate weekly fee. SECTION 501. Business Professions Trades and Occu ations. "Business, Professions, a es, an Occupations- as a ne n Section 100 and 103 of the ordinance, with a fixed place of busi- ness in the City, unless specifically provided otherwise herein, shall procure a license as provided for in the ordinance and pay a fee of Fifteen Dollars ($15.00) per annum. SECTION 502. S ecial License Fees for Some Businesses, Professions Trades an ecu at ons. The following businesses, pro ess ons, trades and/or occupations because of their nature and circumstances shall have a different license fee than that set forth in Section 501, which shall be in the amount herein- after set forth after said business, trade, profession or occu- pation. 502.1 Advertising by Billboards $60 per year 502.2 Advertising by Distributing Handbills 100.00-A 50.00-Q 10.00-D 502.3 Advertising by Posting 100.00-A 50.00-Q 10.00-D 502.4 Advertising by Searchlight 100.00-A 50.00-Q 10.00-D 502.5 Advertising by Sound Truck 25.00-D per truck 502.6 Amusement Rides. .� Amusement rides, generally but not specifically including miniature train, automobile, airplane, and boat rides, merry-go-round, or other amusement rides. Such rides must be first approved by Building & Safety Department. 25.00-A per machine 502.7 Auctioneers - Livestock Per auctioneer or auction establishment -42- 289 Uzi (D,AJ 4L, 6S 2901 Ordinance No. 42 502.8 Auctioneers - Real property and personal property other than livestock. Per auctioneer or auction establishment 50.00-A 502.9 Bankrupt Stock, Bankrupt Sales, Fire or Closing out Sales 30.00-D 502.10 Billiard or Pool Halls First Billiard or Pool Table 30.00-A Each additional Table 7.50-A 502.11 Boarding House, Apartment House, Hotel. Every person conducting an apartment house as defined in Section 15003 of the Health and Safety Code of the State of California, a hotel as defined in Section 15020 of the Health and Safety Code of The State of California, a bungalow court, or any other building or group of contiguous buildings housing five or more families, shall pay a license fee as follows: Five to ten families 25.00-A Eleven or more families 50.00-A Every person conducting a boarding house shall pro- cure a license and pay a license fee as follows: Four to twenty boarders More than fifty boarders 25.00-A 50.00-A 502.12 Bowling Alleys, Table Tennis, and Shuffleboard One table, alley or board Each additional alley, table or board J 502.13 Circus For first day For each additional day For each side show or separate admission charged - first day For each additional day 502.14 Circus Procession or Parade 502.15 Collection Agency 502.16 Concessions 25.00-A 5.00-A 100.00-D 25.00-D 15.00-D 5.00-D 500.00-D 100.00-A Each concessionaire coming within the definition of 105.12, who operates his conces- sions at a place of business where the occupant therein pays a business license pursuant to other sections of the ordinance shall pay a fee of 15.00-A In such a case the fee of the business in which the concession is operated shall be computed without taking into consideration the concessions=e or his employees. -43- Ordinance No. 42 502.17 Dance Hall l For single dance 25.00-D For a series of dances extend- ing over a period of 4 weeks or less 50.00-W For a series of dances extend- ing over a period of more than three months and not to exceed a period of one year 500.00-A If payable quarterly 135.00-Q -'502.18 Deliveries Retail delivery of groceries by traveling grocery store or bus 100.00-A Retail delivery by vehicle of goods, liquids, and materials including edibles and all other types of retial dealer includ- ing pick-up and delivery where no fixed place of business within the City 25.00-A ✓ 502.19 House Number Painters 25.00-A Plus $5.00 for each person engaged in carrying out activities of permittee �-502.20 Itinerant Shows Wherein theatrical performances, acrobatic feats, singing or dancing is presented, not including regularly licensed theaters 50.00-D 502.21 Patrol System 75.00-A 502.22 Patrolman 5.00-A 502.23 Peddlers and Hawkers a. Peddlers of Liquids or Edibles: Every person peddling, selling or delivering liquids or edibles for human consumption from packs, .- baskets, handcarts, wagons or other vehicles, retail from door to door, except persons selling or delivering, or both, to retail establishments for resale,agricultural products raised by them, shall pay a license fee of 25.00-A b. Peddlers or Vendors of Goods, Wares or Merchandise: Every hawker, itinerant peddler or itinerant vendor and every person not covered by subsection (a) who is engaged in the business of peddling, selling or delivering goods, wares or -44- 292 Ordinance No. 42 merchandise of any kind, either rettil or whole- sale except persons selling or delivering to re- tail or wholesale establishments for resal and who deliver the goods, wares or merchandise at the time of sale thereof shall procure a license and pay a license fee of 25.00-A Peddlers coming within the provisions of this section shall not be deemed solicitors and shall not be required to have a permit. "Peddler" comes within this section if he de- livers the goods, wares or merchandise at the time of making the sale. The time of sale is defined as the time when money is paid in full for the purchase of said goods or an agreement is signed covering the payment of said goods. 011¢,rt4aV 502.24 Rubbish, Waste or Garbage Collection and q Transportation not otherwise governed by a fran- chise or contract granted by this City, if such franchise or contract is granted 150.00-A 502.25 Secondhand Business a. Pawn Brokers 150.00-A b. Secondhand Dealers, excepting car dealers 100.00-A c. Junk Dealers 150.00-A d. Junk Collectors 25.00-A 502.26 Solicitor a. For each person selling or taking orders for or offering to sell or take orders for goods or for services to be performed in the future or for things of value to be delivered in the future or performing services which require future de- livery, consummation or completion elsewhere than at the place where performed, such person, firm or corporation shall pay a license fee for said person so soliciting 50.00-A Per solicitor, or 10.00-W per solicitor Where said person, or the person, firm or corporation for whom such person solicits said goods or services has a fixed place of business within the City of Irwindale, such person, firm or corporation applying for a solicitor's license shall receive a credit for each dollar said per- son, firm or corporation is required to pay as a license fee to the City of Irwindale under any other section of this ordinance; said credits may be distributed to more than one solicitor working for such person, firm or corporation but in no -45- -0s 293 Ordinance No case shall exceed the total dollars such person, firm or corporation is required to pay under license fee in any other provision of this ordinance. b. Charitable Solicitations. The provi- sions of this section shall not apply to charitable solicitations if the following provi- sions are followed: ' 1. Before any charitable solicitations are made in this City, said solicitor must file an application with the City Clerk stating his name and address, the name of the organi- zation for which he will solicit, the days and places where he will solicit, letters of authority from such charitable organization authorizing such charitable solicitation and other evidence as required by the City Clerk. 42 2. Upon the completion of such solicitation, said solicitor files a complete notarized report of the amount of money collected and the final disbursement of said funds. 502.27 Swap Meets - Operator 100.00-Q 502.28 Taxicabs a. Taxicab Operator: Each taxicab operator shall procure and pay an annual license fee of 30.00-A Plus $15 per year per cab b. Taxicab Driver: Every taxicab driver who drives a taxicab for which a taxicab operator's license or auxiliary license is required or has been issued shall pay a license fee as follows: first license 5.00-A renewal 3.00-A 502.29 Theaters - Where fee is charged or received, 499 seats or less 100.00-A 500 seats and over 200.00-A Drive-in Theater capacity shall be computed on the basis of one seat per automobile space in the theater. 502.30 New and Used Car Dealers. Every car dealer shall pay a license fee of 50.00-A 502.31 Auto Wrecker. Every auto wrecker shall pay a license fee of 150.00-A -46- 2W1 Ordinance No. 42 Every auto wrecker who sells used cars as incidental to an auto wrecking busi- ness and who meets the requirements of this ordinance in respect to an auto wrecking busi- ness shall receive as credit on this license fee any fee immediately paid in connection with any other portion of his auto wrecking business. 502.32 Vending and Other Coin Operated Machines. a. Vending machines, amusement and coin operated amusement devices, other than so-called coin operated games of skill, per machine 15.00-A b. Coin operated games of skill per machine 20.00-A c. Vending Machines - Merchandise and other coin operated vending machines not otherwise provided for herein: 1. Where deposit of 9p or less is required - per machine 2.00-A 2. Where deposit of lOp or more is required - per machine 4.00-A d. Vending Machines - Coin-operated Stamp Vending Machines, per machine 2.00-A 502.33 Hog Ranch. Each person who operates a place for the feeding of over 20 hogs shall first obtain a license and pay an annual license fee of 150.00-A 502.34 Truck and Other Rental Equipment. Each operator of a truck rental busi- ness shall procure and pay a license fee of 50.00-A Each operator of a business.of renting trailers, cement mixers, welding equip- ment, or power saws shall procure and pay a license fee of 50.00-A 502.35 Contractors. a. Each general contractor or builder shall pay a license fee of 35.00-A b. Each electrical, plaster, plumb- ing, heating and ventilating, and house moving contractor shall pay a license fee of 20.00-A c. Each subcontractor and each con- tractor of a classified specialty not other- wise provided for in this Section 502.35 shall pay a license fee of 20.00-A -47- Ordinance No. 42 (d) The provisions of this Section 502.35 shall not require the payment of a license fee by an 'owner -builder," as de- fined in this ordinance; provided, however, that any person who constructs more than one building (other than auxiliary, acces- sory, or utility structures) on real prop- erty owned by him within any one year period, shall pay the license fee required of gen- eral contractors and builders. (e) This section shall not apply to contractors and subcontractors who pay a license fee to the City under the provisions of Section 501 of this ordinance. 502.36 Fertilizer Processors. Each processor of fertilizer shall procure and pay a license of 100.00-A 502.37 Dump Operators, 500.00-A plus 3% of gross receipts. SECTION 503. Effective Date. This ordinance, inasmuch as it provides for a tax levy for the usual and current expenses of the City, shall take effect immediately. SECTION 504. Severability. If any section, subsection, sentence, clause, p rash a or portion of this ordinance, or the application thereof to any person, firm, corporation or circum- stance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The Council of the City of Irwindale hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, phrase or portion be declared invalid or un- constitutional. SECTION 505. Publication. The Mayor shall sign this ordinance and the C ty er shall attest to same, and the same shall be posted in three public places within the city limits of the City of Irwindale as prescribed by Resolution No. 57-1. ADOPTED this 28 day of January, 1958. ATTEST: l// . // ....., -48- P14 WARD 2000111 MR P 295 29P Ordinance No. 42 I. MAXINE M. HORST, City Clerk of the City of Irwindale, do hereby certify that the above Ordinance No. 42 was regularly introduced and placed upon its first reading at a regular meet- ing of the City Council on the 20 day of January, 1958. That not less than 5 days thereafter said ordinance was duly adopted and passed at a regular meeting of the City Council on the 28 day of January, 1958, by the following vote, to wit: Ayes BARBOSA, DIAZ, MARTINEZ, MIRANDA, ORNELAS Noes NONE Absent NONE I further certify that said ordinance was thereupon signed by the Mayor of the City of Irwindale. -49- 297 Ordinance No. 42 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) as. CITY OF IRWINDALE ) MAXINE M. HORST, being first duly sworn, deposes and says: That she is the City Clerk of the City of Irwindale, California, and is and was at all times herein mentioned a citizen of the United State over the age of eighteen (18) years and com- petent to be a witness herein. On January 30, 1958, she securely and conspicuously posted at each of the public places in said city, to wit: (1) 5140 North Irwindale Avenue (2) Post Office on Irwindale Avenue (3) Southwest corner of Arrow Highway and Irwindale Avenue a copy of Ordinance No. 42 of the City of Irwindale, being in all respects the same as that attached hereto and made a part hereof. Dated: January 30, 1958. City Cl/erk of t►City' or Irwindale, California -50-