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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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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:
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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
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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
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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Ordinance No. 42
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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.
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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
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Ordinance No. 42
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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.
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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.
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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.
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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
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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
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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.
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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.
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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.
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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.
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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
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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.
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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
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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,
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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:
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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
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Ordinance No. 42
this day of , 195, to be effective
and to expire_
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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
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Uzi (D,AJ
4L, 6S
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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.
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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
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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
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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
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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
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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// . // .....,
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295
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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.
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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
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