HomeMy Public PortalAboutOrd. 0008,. 4
1 ORDINANCE NO. J -
2 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE 'CITY
3 OF LYNMVIOOD LICENSING AND REGULATING CERTAIN KINDS
4 OF BUSINESS CARRIED ON IN SAID CITY AND FIXING A
5 PENALTY FOR THE VIOLATION THEREOF.
s The Board of Trustees of the City of Lynwood do
7 ordain as follows:
8 Section 1. It shall be unlawful for any person, whether
9 as principal or agent, owner or employee, either for himself or
10 any other person, or for any body, corporate or otherwise, or as
11 an officer of any corporation, to commence or carry on within the
12 corporate limits of the City of Lynwood any business, trade, calling
13 profession, or occupation in this Ordinance specified without
14 having first procured a' license from said City s) to do, and each
15 and every day or fractional part of a day that said business, trade..
16 calling, profession or occupation in this Ordinance specified is
17 conducted or carried on without such license shall constitute a t.
18 violation of this Ordinance; and any person who shall for himself
19 or for any other person or persons or for any body, corporate or
20 otherwise., commence or carry on such business, trade, calling,
41 profession or occupation aforesaid, without first having procured
22 such license,..shall, for each violation of the Ordinance be deemed
23 guilty of a misdemeanor, and upon conviction thereof shall be
24 fined not more than One Hundred ($100.00) Dollars nor less than
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Three ($3.00) Dollars, or imprisoned for a term not exceeding fifty
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(50) days in the County Jail of the County of Los Angeles, or shall
27 be, punished by both such fine and imprisonment, in the discretion
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of the court, and the amount of such license shall be deemed a
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debt due to said City of Lynwood, and such person shall be liable
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to an action in the.name of the City of Lynwood in any court of
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competent jurisdiction, for the amount of the license of such
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business, trade, calling, profession or occupation, as he'shall
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or they may have engaged in, with costs of suit; and in addition
thereto, a penalty of Twenty -five ($25.00) Dollars must be added
to the judgment as costs to be-collected from the defendant or
defendants.
Section 2. DUTIES OF CITY CLERK. It shall be the duty of
the City Clerk to prepare and issue a.license under this Ordinance
for every person liable to pay a license thereunder, duly signed
by the President of the Board of Trustees,, and the City Clerk..
and attested with the city seal, and to state in each license the
amount thereof, the period of time covered thereby, the name of
the person, firm or corporation for whom issued, the business, trade
calling, profession or occupation licensed, and the location or
place of business where such business, trade, calling, profession
or occupation is to be carried on, and the City Clerk shall deliver
such license to the City Tax and License Collector for collection,
taking his receipt for the same, and the City Clerk shall report
to the Board of Trustees at its first meeting in each month the'
amount of such licenses so delivered to the City Tax and License
Collector during the previous month.
In no case shall any mistake by the City Clerk in stating
the amount of a license prevent or prejudice the collection for
the City of what shall be actually due, with all costs, against
anyone for carrying on said business without a license, or refus-
ing to pay the license fees specified herein.
Section 3. DUTIES OF CITY TAK,ATTD LICENSE-COLLECTOR AND
FURTHER OF CITY CLERK.
The City Tax and License Collector shall proceed at once
to collect such licenses and shall on or before the first Monday
in each rionth deliver to the City Clerk all licenses remaining
unpaid for the previous month, and also a list or all persons
whom he believes not to be on the license list, and who should
be charged with the payment of license; and he shall pay over
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1 to the'City Treasurer all licenses collected by•him in said month,
2 taking the City Treasurer's receipt therefor in duplicate, one of
3, which receipts he shall file with the City Clerk, and' said %City
4 Tax and License Collector shall report the amount of. licenses
5 collected by him, together with the amount delinquent,:to the
6 of Trustees at Ats,first meeting in each,month +:
7 It shall be the duty of the City Clerk, immediately after'
$, the unpaid delinquent licenses have been delivered'to him,_to add
9 the penalty on the same hereinafter provided fora
10 Section 4, PAYMENTS TO BE IN ADVANCE. All licenses shall
11 be Daid in advance in the legal currency of the United States.
12 at the office of the City Tax and. License Collector. '
13 :Section 4 -, SEPARATE LICENSES 'I'fHEN REQUIRE separate
14 license must be obtained for each branch establishment or separ"
15' ate place of business'in which the trade, calling, profession or
16 occupation is carried on, and each license shall authorize the ;
17 party obtaining it to carry on, pursue or conduct only that trade,
18 calling, profession or occupation described in such license, and
19 only at the location or place of business which-is indi cat ed°
20• thereby.
21• Section 5. '111VIE OF PA11ENT AND PENALTY MEN' NOT' SO PAID.
22 The monthly license in this ordinance provided shall be
23 due and payable to the City on the first of each month in advance,
24 from all persons who have for the previous month been licensed to'
25 carry on,the same trade, ealling,prof.ession or occupation; and
26 from all persons who have not,been previously licensed for the
27 same trade, calling, profession or occupation, the license shall
2 be due and payable, and must be procured by such persons before
29 commencing to carryon such trade, calling, profession or occu,..
30 pation.
31 The quarterly license in this ordinance provided shall
32 be due and payable to the city on the first daysof January,;' April,
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1 July and October, and all such licenses shall expire with the last
2 days of Parch, June, September and December of each year, but
3 the first quarterly license issued to any person, as herein pro -
4 vided, shall be issued for the unexpired portion of such quarter,
5 and a proportionate amount shall be charmed for the same for sucli
6 unexpired portion of such quarter.
7 The weekly licenses in this Ordinance provided shall be
8 due and payable to the City on the Monday of each week in advance,
9 The daily licenses in this Ordinance provided shall be
10 due and payable to the City each day in advance.
11 The annual licenses in this Ordinance provided shall be
12 due and payable to the City at the times specified therein, re-
13 spectively, or when not so specified, on the first day of January
14 of each year,
15 A penalty of twenty -five (25) cents shall be added to
16 each license which shall remain unpaid at the end of the calendar
17 month in which such license becomes due, and upon receiving such
18 delinquent licenses, with-such penalty added, from the City Clerk,
19 it shall thereupon be the duty of the City Tax and License Col -
20 lector to collect such licenses and penalty in addition to the
21 amount of license fixed in this Ordinance.
22 Section 6'. POSTING AND EXHIBITING LICENSE. Every person,
23 firm or corporation having a license under the provisions of this
2 Ordinance and carrying on a business, trade, calling, profession
25 or occupation, at a particular place of business shall keep
26 such license posted and exhibited while in force in some conspic-
27 uous part of said place of business. Every peddler of goods,
28 wares or merchandise shall carry his license with him at all times
29 while engaged in peddling.
30 All persons, firms or corporations having a license shall
31 produce or exhibit the same when applying for a renewal and whenever
32 requested to do so by the City Tax and License Collector or any
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police officer of said City.
Section 7. POLICE P9,`W3 OF CITY TAX M LICENSE COLLECTOR.
The City Tax and License Collector and all police officers
of said City shall have and exercise the power, first, to make
arrests for the violation of any of the provisions of this
Ordinance; second, to enter, free of charge, any place of business
for which a license is required and provided, and to demand the
exhibition of such license for the current term for any person
engaged or employed in the trarraction of such business; and if
any person shall then and there fail to exhibit such license,
such person shall be liable to the penalty provided in Section 1
of this Ordinance.
It is hereby made the duty of the City Tax and License
Collector to cause complaints to be filed against all persons
violating any of the provisions of this .,Ordinance.
Section 8. CUMULATIVE REIJfE➢Y. The conviction and punish-
ment of any person for transacting any business, trade, calling,
profession or occupation without license shall not excuse or exempt
such person from the payment of any license due or unpaid at the
time of such conviction, and nothing contained herein shall pre-
vent a criminal prosecution for any violation of the provisions
of this Ordinance.
Section 9. "PERSON" OR "PE DEFIND. When the word
"person ", or the word "persons" is .in this Ordinance, re-
ferring to those liable pay .license or tax, the same are, and
each is, intended and shall be construed to mean and include
every person, firm, association or corporation conducting or
carrying on the business, trade, calling or occupation for which
such license must be procured.
Section 10. RATES: The rates of licenses for the
business, trades, callings, professions and occupations herein-
after named, shall be, and the same are, hereby fixed and estab-
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1 lished for and within the'City'of Lynwood according to the
2 following schedule, and the same shall be paid by all persons en-
3 gaged in such businesses, 'trades, callings, professions or ocau-
4_ patious as follows, to -wit:
5 Section 11. ADVERTISING. Por every person carrying on
6 the business of advertising by posting, sticking, tacking, affix-
7 ing.or painting bills or signs to or upon posts, fences, bill
8 boards, advertising sign boards, buildings or other structures, or
9 the business of advertising by distributing posters, dodgers,
10 hand bills, samples or printed advertisements of any hind, when
11 not in conjunction with carrying on any store or fired place of,
12 business in the City of Lynwood, or for the advertising of churches,
13 lodges, charitable or educational societies, public organizations,
14 political parties or notices prescribed by law $ ~ per year
i5 or $ �� per day.
16 For the purposes of this section the'expression "carrying
17 on the business" is defined to be, and is construed to mean the
18 doing or performing of any act or series of acts of advertising by
19 any means or in any manner in this section specified, or the
20 doing or performing of any act or series of acts of posting, stick -
21 ing; tacking, affixing or painting bills or signs to or upon posts,
22 fences, bill boards, advertising signboards, buildings or other
23 structures; or of displaying advertising thereon.
24 Section 12. MOTIONS. For every person who sells any goods,
25 wares or merchandise b ublic auction,
y p _ $,�._5 per day.
,26 No license shall be required for selling any goods at
27 public sale belonging to the United States or the State of Calif -
28 ornia or for the sale of property by virtue of process issued
29 by any state or Federal Court or for the bona fide sale of house -
30 hold goods., liuev stock or farming implements at.the domicile of the
31 ..owner of such property.
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1 Section 13. ASTROLOGERS, PALMISTS, PILRENOLOGISTS, ETC.
2 For every person who carries on, practices or professes
3 to practice.the business or art of astrology, palmistry, phrenology,
4 card reading, fortune telling, cartomacy, clairvoyance, clair-
5 audience, crystal gazing, hypnotism, mediumship, prophecy, augury,
6 divination, magic or necromancy, and who demands or receives a
7 fee for the practice., exercise or exhibition of his art therein
8 or who gives an exhibition thereof at any place.where an admission
9 fee is charged .$ / D ° —�`' r per day. I '
10 Section 14. SOLICITING ORDERS. I+'or every person conducting
11 or carrying on the business of soliciting orders for paintings,
12 pictures, portraits, photographs, or orders for advertising or for
.13 newspapers, or for cleaning and dyeing, or for buildin materials
14 of any kind, or orders for hay, grain,, feed, wood, coal or fuel,
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1 or orders for any clothing, jewelry, gent's furnishings, boots,
16 shoes or wearing apparel of any kind, by samples 4-L otherwise, or
17 for selling or distributing coupons or certificates, purporting
18 to be of commercial value, or orders for the sale of any kind
19 of goods, wares-or merchandise, when not- in conjunction with
20 carrying on any store or fixed place of business in the City of
21 Lynwood $3 'L per day; provided, that no license shall be required
22 from any person whose business is limited to the sale of goods,
23 wares or merchandise at wholesale or to the soliciting of orders
24 for the same at wholesale.
25 r Section 15. CIRCUS. For every person conducting, managing
26 or carrying on a circus or a tent show or performance of any kind
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27 under canvas, or•a trained animal show or exhibition not in a
28 building or permanent structure where two or more persons are em-
2- 9 ployed $/S = per day.
30 I Section 16. 1 TDICINE MAIN. For ,evert person carrying on the
31 business of dealing in medicine other, than in a regularly e,stab-
32 lished drug store, or peddling the same, or treating diseases of
the human body, who calls attention to his wares or methrod of
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treatment or advertises. the same by the use o Z..music — entertain—
ment, speech or other device, the sum of $/0 lay.
Section 17. FOOT PEDDLER.
1 for every person conducting or carrying on the business
2 of peddling any kind of goods, wares or merchandise, afoot when
3 not in conjunction with a fixed place of business in the City of
4 Lynwood,$ per .day.
3 Section 18. PEDDLING FRUIT, VEGETABLES, ETC. BY WAGON OR
6 VEHICLE.
7 Every person conducting or carrying on the business of
8 peddling fruit, vegetables, food products, or any kind of goods
9 wares or merchandise, not otherwise specified herein from a wagon
10 or vehicle on a regular route and at fixed when not in
11 conjunction with a fixed place of bus in the City of Lynwood,
12 for each wagon /� per aunumnd whA n� on a regular route
13 and at: fixed intervals, $3 e per day; provided ,that a person
14 holding a license under this section shall not be permitted to re-
15 main in or permanently occupy any one place upon the,,-public streets,
16 but shall have only the right under such license to travel along
17 the street in the usual and customary manner in order to carry on
18 such business.
19 Section 19, PEDDLING GASOLINE OR OTHER PETROLEUM PRODUCTS
20 BY WAGON OR VEHICLE. -
21 For every person conducting or carrying on the business
22 of peddling, selling or delivering gasoline, Reroseno, refined. oil
23 or petroleum products of any kind from a wagon or Vehicle, when not
24 in conjunction with a fixed place of business in said City of
25 Lynwood, for each wagon $ /b semi— annually; provided that a
26 person holding a license under this section shall not be permitted
27 to remain in or permanently occupy any one place upon the public
28 streets, but shall have only the right under such license to travel
291 along the street in the usual and customary manner in order to
30 carry on such business
31 Section 20. TRANSIENT MERCHANT.
32 For every person doing business as a transient merchant
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therein, which shall include all merchants doing business at
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fixed place of business for a period of less than thirty (30)
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consecutive days, $C per day.
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Section 21. JUNK DEALER.
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For every person conducting, managing or carrying on the.
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business of junk dealer or the business of junk collector for him-
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self ox any other person, $/,X—per year or $d_ `per day.
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Section 212. LICENSE ON ALL BUSINESS NOT OTHX:ffi,ISE SPECIFIED.
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For every person, firm or corporation conducting or
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carrying on any business of any kind whatever not hereinbefore
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designated, or conducting or carrying on any business in any store
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or place where goods, wares or merchandise of any kind,.nature or '
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description are sold, $3.00 per quarter or $12.00 per ,year.
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Section 22. GENERAL EXCEPTION.
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Nothing in this Ordinance shall %li ?' "t:dnstrued as imposing
a license tax on, or otheriiise regulating or restricting foreign
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or interstate commerce, and any business or portion thereof which
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is embraced in the term "Interstate Commerce" or in the term
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"Foreign Commerce ", is not made subject to a license by this
Ordinance; and provided, further, that this Ordinance shall not
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be deemed to apply to the delivery.of goods, wares or. merchandise
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purchased elsewhere and delivered in said City of Lynwood, if no
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orders are taken or soliciting of any kind is done in conjunction
with making such delivery.
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Section 23. REVOCATION OF LICENSES.
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All licenses issued under this Ordinance, or any section
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thereof, are granted and accepted by all parties receiving licen-
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ses, with the express understanding that the Board of Trustees may
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revoke the same at any time if satisfied that any of the conditions
Qf h li Pnse or to of thhi Ordinance have been violated, or
Nle c license b
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was p tained fraudulent representations, or
that the holder of any such license is an unfit person to be trusted
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i with the privilege granted by said license; provided, however,
that no license shall be revoked without first giving the holder
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an opportunity to appear before the Board in his own behalf. On
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the revocation of the license, no part of the money in th -, hands
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of the City shall be returned, but such license fee shall be for -
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feited to the City. When a license of any person is revoked for, -..
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any cause, no new or other license shall be granted to the same
person within six months from the date of such revocation.
Section 2,.
This Ordinance is urgently required for the immediate
preservation of the public health, peace and safety, and `the
following is a specific statement showing the urgency 'of this
Ordinances
That said City of Lynwood became incorporated as a
Municipality of the Sixth Class under the laws of the State of
California on July sixteenth, 1921, and there is at present no
Ordinance of said City providing for the licensing or regulatingt
of the kinds of business specified herein, and such an Ordinance
is now.immediately required
Section 25. .- 4
The City Clerk shall certify to the passage of this
Ordinance by a vote of four - fifths of all the members of the Board
of Trustees of said City of Lynwood, and its approval by :the
Predident of said Board, and there being no newspaper of general
circulation published and circulated in said City, he shall cause
the same to be printed and posted in three public places in said
City of Lynwood, to -wit:
One copy upon the,bulletin board at the entrance to the
office of the Board of Trustees of said City at 205 hest Mulford.
24 J1 Avenue.
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One copy upon the bulletin board at the Pacific Electric
:Railway Station known as lynwood Station at the intersection of
Long Beach'Boulevard and Fernwood Avenue in said City and
One copy upon the bulletini board at. the.northwest corner
of Mulford Avenue and Long Beach Boulevard in said City, and there-
upon and thereafter this Ordinance shall be in full force and
effect,an and after December lst, 1921.
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r'r- ,Adopted this day of November, 1921.
-ATTEST.:-, „ - u President of the Board of Trustees
of the 'City of Lynwood.
C t- Clerk of th, 'i'ty of Lynwood.
State of California
County.of Los Angeles ss.
City of Lynwood 5
I, J. H. Murray, City Clerk of the City of Lynwood,
California do hereby certify that the whole number of the Board of
Trustees of the City of Lynwood is five, and that the foregoing
Ordinance, being Ordinance No, was duly passed and adopted
by a vote of four - fifths of all id's members and rsi,.rned by the
President of said Board; and attested by -the City iTerk, all at" ,
a regular meeting of said Board, held on the L&L day of
November, 1921, and that the same was passed an, adopted by the
following vote, to�-wit:
Ayes: Trustees
Noes: None.
..w
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City Clerk of th pity of Lynwood,
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G. K
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