HomeMy Public PortalAboutOrd. 0241O R D I N A N C E N 0. 241..
AN ORDINANCE OF THE CITY OF LYNWOOD, CALIFORNIA,
PROVIDING FOR LICENSING AND REGULATING THE
CARRYING ON OF CERTAIN BUSINESSES, PROFESSIONS,
TRADES, CALLINGS AND OCCUPATIONS: FIXING A PENALTY
FOR THE VIOLATION THEREOF; REPEALING ALL ORDINANCES
AND PARTS OF ORDINANCES I14 COSIFLICT THE-�KTH.
The City Council of the City of Lynwood does ordain as follows:
SECTION 1. It shall be unlawful for any person or persons,
Finn or copartnership, or corporation, or for any person as agent,
servant, clerk or employee, or for himself or for any other per-
son, firm, copartnership or corporation, within the corporate
limits of the City of Lynwood, to transact, engage in or carry
on any pursuit, occupation, avocation, employment, business or
calling herein specified until he, she or it shall have first
obtained a license therefor, as is in this ordinance required.
Each and every day or fractional part of a day that said
pursuit, trade, occupation, avocation, employment, business or
calling in this ordinance specified is conducted or carried on
without such license, shall constitute a violation of this ordi-
nance, and any person, who, for himself, or for any other per-
son, firm, copartnership or corporation shall violate any of
the provisions of this ordinance, shall for each violation
thereof, be deemed guilty of a misdemeanor, and upon conviction
by any court having jurisdiction thereof, shall be f fined there-
for in the sum not in excess of Three Hundred ($300.00) Dollars
or shall be imprisoned in the City or County jail not exceeding
ninety (90) days, or by both such fine and imprisonment; pro-
vided, however, that if any person shall furnish such evidence
as shall satisfy the Chief of Police that he or she, by reason
of misfortune or physical infirmity, merits exemption from any
clause of this ordinance, a free license may be issued for a
limited number of consecutive days, to be specified in such li-
cense, not in any event to exceed Sixty (60 ) days in any one fiscal
year. Nor shall more than one license be issued to or for the
benefit of any such person in any one fiscal year under this proviso;
and providing further, that any soldier, sailor, or marine of the
United States, discharged other than dishonorably, shall have the
right to hawk, peddle and vend any goods, wares or merchandise not
otherwise unlawful, by and for himself only, without the payment
of any license, tax or fee whatsoever; and such a license shall
be issued to each such soldier, sailor or marine without cost upon
presentation of proper proof that he was discharged other than
dishonorably from the Army, navy or .darine Corps of the United States,
and upon proof of his identity to the officer issuing same; provided,
however that nothing contained herein shall be construed to make it
unnecessary to obtain the license herein provided for in any case
whatsoever.
All licenses,unless otherwise provided herein, shall issue
for a semi - annual period, and shall date from the first day of
January and July of the year in zhich they are issued. ','hen
licenses are issued hereinunder for the unexpired part of the
semi - annual term, the license fee required shall be proportioned
accordingly; provided however, the next semi - annual license fee
shall be paid at the same time. All licenses shall be paid for in
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advance, end no rebate given for any unused portion of the term.
nll licenses issued under the provision of this ordinance,
shall be posted in the place of business of licensee named in such
license, and said license shall be produced by licensee whenever
the same shall be required by the Chief of Police, or any other
officer of the City of Lynwood.
It shall be the duty of the Chief of Police to enforce all
the provisions of this ordinance. No personal demands or notices
by the Chief of Police to such persons owing such license tax shall
be necessary to incur the penalties of this ordinance.
SECTION 2. All licenses issued under and by virtue of this
ordinance shall be printed in blank form, accompanied by a carbon
copy of same, signed by the Chief of Police of the City of Lynwood,
or his duly authorized deputy. The Chief of Police or deputy, shall
set forth in said license the name of the party to whom license is
issued, the nature of the trade or business he, she, they or it
are licensed to pursue, the time for which same is granted, the
date thereof, the amount paid therefor , and the location where said
trade, business, calling or avocation is carried on, or proposed to
be carried on.
The City Clerk shall cause to be printed a sufficient
number of such license forms as may be required for one year, in
book form with blank stub to each, and shall deliver the same to the
Chief of Police from time to time as may be required, and charge
the Chief of Police therewith, who shall appear at the office of
the City treasurer on Saturday of each week, and settle for the lic-
enses sold; provided, however, that all licenses now issued shall
be good for the time for which such licenses were issued, unless
sooner revoked by the City Council.
f The Chief of Police or his deputy shall, each week, file
with the City Clerk a statement setting forth all licenses issued,
to whom issued, the date of commencement and expiration of each
license and the amount paid therefor.
SECTION 3. Any license granted or issued under the provi-
sions of this ordinance shall authorize the licensee to transact
or carry on the business or calling therein named at the place
therein designated and no other, and the said license shall not be
transferable nor assignable except by the approval of the Chief of
Police or his deputy, except as provided in Section 4 hereof. No
license shall be granted if any prior license fee remains unpaid.
SECTION 4. No license shall be issued for any livery
or feed stable, public laundry where washing is done for hire, clothes
cleaning establishment, supply or storage depot or yard, dance hall,
shooting gallery, stand or place where fireworks or novelties are
sold, billiard room, pool -room, pocket - billiard room, skating rink,
merry -go- round, fertilizer plants, bowling alley, transportation of
passengers by aeroplane or automobile for hire, dog or cat kennel,
circus or any place or form of amusement, fortune telling, clair-
voyance and kindred practices, auctions, auction house, junk dealers
or collectors, bill posting or outdoor advertising, wrecking house
or handling second hand automobiles, or for any game, nor shall the
same be assigned or transferred except on the order of the City Council
of the City of Lynwood, and then only upon payment of transfer fee
of One ($1.00) Dollar; and whenever any person, persons, firm, co-
partnership or corporation desires to open or keep any business
specified in this section, he, she, they or it shall petition the
City Council to order license therefor, which petition shall set
forth the name of the applicant, the character of the business and
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and the location of the premises where the business is to be conducted,
and on the hearing of the said petition, the said Council may grant
the same in whole or in part, or may reject same, and no license shall
be issued thereon, except as ordered by said City Council. Where any
business specified in this section may become dangerous to or affect
the public health, peace or safety, the City Council may refuse to
grant the license. Should the City council at any time determine
that the premises wherein any business described in this section is
conducted, are not in good and sanitary condition, or not properly
drained, or may have become dangerous, or affect the public peace and
quiet, it may revoke its order requiring the license for such busi-
ness to issue, and no further license shall be issued thereon until
such premises shall have been put in a safe, properly drained and
sanitary condition.
A separate license must be obtained for each business conducted
in the same place, for each branch establishment or separate
place of business, trade, avocation, calling or occupation is carried
on, and each license shall authorize the party obtaining it to carry
on, pursue or conduct only that trade, calling, business, avocation
or occupation described in such license, and only at the place indi-
cated in the license.
t:'here, in this license, any business, trade, calling or
occupation can be or is construed to be licensed under two sections,
and in such sections a different rate of license is imposed, then
the highest rate of license shall be deemed to be the license fixed
for such trade, business, calling or profession.
bvery peddler, solicitor, and any other person conducting
or carrying on any business, calling, trade, profession, avocation,
or occupation named in this ordinance, and not having an established
or fixed place of business in the City of Lynwood,,;carries on his,
her, their or its business by means of canvas from house to
house, or place to place, or by means of any motor or other vehicle, -- 4
is required to at all times chile engaged in said business oY opera-
ting such vehicle to have in his, her, their or its immediate possess-
ion, and be able to produce and display to any officer of the City of
Lynwood requiring the same, the license under which he, she, they or
it carry on and conduct the said business, profession, calling,
avocation or occupation.
In cases where special permits from the City Council are required
as a condition precedent to the issuance of any license hereunder, the
aprlican t for such license and permit shall deposit with the License
Collector the amount of the license fee prescribed herein for the
business or activity referred to in the applica tion for such permit,
and the License Collector shall report to said Council at the time of
submitting such aprlication#vhether or not the provisions of this section
shall have been complied with by such applicant. The Council reserves
the right to refuse to consider any application not accompanied by such
deposit, the License Collector is hereby authorized, and may at his
discretion require that any applicant for license under this ordinance
shall first procure permit from the City Council to operate.
SECTION 5. all police officers are hereby appointed inspectors
of licenses, and in addition to their several duties as police
officers, are hereby required to examine all places of business and
persons in the City of Lynwood, liable to pay a license for the trans -
action or carrying on of any business, profession, avocation, trade,
calling or occupation as provided by this ordinance, and to see that
such licenses are taken out, and shall exercise in connection with
their said duties as license inspectors, the power to make arrests for
violation of any of the provisions of this ordinance; to enter without
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charge at any time, any place for which a license is required by this
ordinance, and to demand the exhibition of such license for the current
term, and if any such person shall there and then fail to exhibit
such license, such person shall be liable to the penalty provided
for the violation of this ordinance.
It is hereby made the duty of the polio c officers to
cause complaint to be filed against all persons violating any of the
provisions of this ordinance.
The Chief of Police is hereby directed to carry into effect
the provisions of this section.
SECTION 6. The conviction and punishment of any person
transacting or carrying on any business, trade, calling, profession,
avocation or occupation in the City of Lynwood without a license as
provided by this ordinance, shall not excuse or exempt such person
from the payment of any license due or unpaid at the time of such
conviction, and nothing herein shall prevent the commencement and
maintenance in a court of competent jurisdiction of any action to
recover such license tax.
In no case shall any mistake by the said Chief of Police
or any officer of the City of Lynwood in stating the amount or terms
of such license, or the time for which same is to run, prevent or
prejudice the collection by the City of what shall actually be due,
with all costs, from any one carrying on a business, trade, calling,
profession or occupation without the license provided by this ordinance.
SECTION 7. The provisions of this ordinance, as to the
rate of license, shall not apply to churches, religious societies,
fraternal societies or charitable societies of the City of Lynwood.
SECTION 8. The rate of license for carrying on the pursuit
trade, occupation, avocation, employment, business or calling specified
in this ordinance, shall be as follows;
SECTION 9. Any person, firm, or corporation conducting or
carrying on a business of any kind or description anywhere in the City
of Lynwood, at a regular place of business, a license for which is
. not otherwise provided for in this ordinance, or any other ordinance
of this City, shall obtain a general business license, and the rate
for such license is hereby fixed at Twelve ($12.00) Dollars per annum.
Persons outside of those conducting regular places of
business, selling goods, wares, merchandise of any class or character
to persons not regularly engaged in, or carrying on such lines of
business, whether by sample or otherwise shall pay a license fee of
Fifty I�p50.00) Dollars per year, or Ten ($10.00) Dollars per day.
No license shall be required of any individual who is a
resident of Lynwood for the peddling of vegetables, fruits, nuts
poultry, eggs or foodstuffs when same is raised, produced or pre pa red
by himself within the corporate limits of the City of Lynwood.
SECTION 10. AUCTION HOUSE: Being any place rahere the
business of selling goods, wares or merchandise at public auction is
carried on, or any place where the goods, wares or merchandise of
more than one person, firm, association or corporation is being sold
at any one time by public auction, the sum of Two Hundred ($200.00)
Dollars per year; provided, however, that any merchant within the
said City of Lynwood, who desires to dispose of his entire stock of
goods at public auction, may do so without securing a license or pay—
ing a fee herein named, if said merchant has been continuously engaged
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in business in said City for a period of one year next preceeding
the date of opening of such sale; and provided, further, that such
auction does not continue for a longer period than thirty days from
the date of the opening thereof.
This section shall not be construed to apply to any public
officer selling any goods, wares or merchandise under or pursuant
to any order of any court, commission or other legal authority.
Any license issued under this section shall include the
services of one auctioneer.
SECTION 11. AUCTIONEER: Ten ($$10.00) Dollars per day.
SECTION 12. ASTROLOGY, PAILUISTRY, PHRENOLOGY, LIFE READING,
FORTUNE TELLING, CARTOMACY, CLAIRVOYANCE, CLAIRAUDISNCE, CRYSTAL
GAZING, HYPNOTISM, MEDIUUSHIP, PROPHECY, AUGURY, DIVINATION, MAGIC,
NECROMZ CY or any other like business, calling or profession, trade or
avocation, show, exhibition or occupation for a fee or fees, or at
any place where any admission fee is collected or charge is made,
Six Hundred ($600.00) Dollars per year.
SECTION 13. BAIERY BUSINESS: Twelve (,12.00) Dollars per
year, which shall include the right to operate one vehicle or truck;
and in addition thereto, the sum of Twelve ($12.00) Dollars per year
for each additional vehicle or truck used in such business.
SECTION 14. BILL POSTING OR OUTDOOR ADVERTISNG: One Hundred
($100.00) Dollars per year. All persons licensed under this section
shall comply with the provisions of Ordinance No. 82.
SECTION 15. CIRCUSES AND / OR CARNIVALS: Twenty -five ($25.00)
Dollars per day, and an additional One ($1.00) Dollar per day for
each side show or exhibition for which an admittance fee is charged.
SECTION 16. CREAMERY AND DAIRY, WHOLESALE AND RETAIL: For
each and every creamery and dairy business conducting both a wholesale
and retail creamery or dairy business, the sum of Twelve ($12.00)
Dollars per year; and in addition thereto the sum of Twelve (:;12.00)
Dollars per year for each vehicle in excess of one, used in such
business, and from which are sold or delivered at retail, any dairy
pro due ts.
SECTION 17. DAIRY BUSINESS: For each and every milk or
dairy products business not conducted by a licensee licensed under
Section No. 16 of this ordinance, the sum of Twelve ($12.00) Dollars
per year for each and every vehicle used in conducting of such business,
and from which milk or dairy products are sold or delivered within
said city.
SECTION 18. ICE BUSINESS: Twelve (:,`12.00) Dollars per annum
for each truck operated in the City of Lynwood.
SECTION 19. LAUNDRY BUSINESS OR LINEN SUPPLY BUSINESS:
Twelve ($12.00) Dollars per year for each establishment, and for each
truck operated in the City of Lynwood for the collection and delivery
of laundry or linen; provided this shall not include a hand or domestic
laundry, within the City of Lynwood, in which all work is done by hand,
or by one machine of the ordinary domestic type, requiring not more
than one - quarter horse -power motor for operation.
SECTION 20. PET SHOP, DOG OR CAT KEiIAEL: Twenty -five (,25.00)
Dollars per year.
A Pet Shop shall be deemed to mean any place where pets are
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offered for sale or resale. A place where birds are offered for sale
or resale shall not be deemed to be subject to this section.
A Dog Kennel shall be deemed to mean any place where five
or more canines are kept or permitted to remain, or any canine is
kept for breeding purposes or sale.
Cat Kennel shall be deemed to mean any place where five
or more felines are kept or permitted to remain, or any feline is
kept for breeding purposes or sale.
Licenses issued under this section are subject to the terms
and provisions of Section No. 4 of this ordinance and of Ordinance 110. 170
of the City of Lynwood.
SECTION 21. PRESSI;IG OR DYEI2IG OF CLOTHES OR OTHNR ARTICLES:
Twelve (y12.00) Dollars per annum.
The rate of license for the business of the operation of wagon
for the collection, and /or delivery of clothes for cleaning or pressing,
or dye works, is hereby fixed at Twelve 012.00) Dollars per annum.
Each such wagon or vehicle shall be construed to be, and the same is
hereby defined to be a separate business under the meaning of this section.
A wagon for the collection or delivery of clothes for press—
ing or dye works is hereby defined to be a vehicle run, operated or
driven from house to house, or to places of business, hotels, restaurants,
lodging or apartment houses in the City of Lynwood, for the purpose
of soliciting for, or collecting, or rev=iving clothes or other articles
to be cleaned, pressed or dyed, and returned, unless such wagon or vehicle
is operated by the owner thereof, and as part of a pressing or dyeing
business, that has Maid the license mentio=ned in the first paragraph
of this section, and the actual operation of cleaning, pressing and dyeing
is carried on within the city of Lynvaood.
Licenses under the provisions of this section shall include
the business of alteration, mending or repairing of articles pressed,
cleaned or dyed.
SECTION 22. ROOFING CONTRACTORS: Fifty (Q50.00) Dollars
per year.
A Roofing Contractor is one who engages in the business of
putting on new or repairing old roofs.
Every person desiring to engage in the business of Roofing
Contractor shall, before receiving a license for said business, execute
and deliver to the City Clerk, the bond required for same by Section
No. 32 of this ordinance, in the sum of One Thousand 01000.00) Dollars.
SECTION 23. PLUMBING AND ZU CTRICAL CONTRACTORS: One Hundred
($100.00) Dollars per year.
Every person desiring to engage in the business of Plumbing
or ''Electrical Contractor shall, before receiving a license for said
business, execute and deliver to the City Clerk, the bond required
by Section Be- 32 of this ordinance, in the sum of One Thousand 01000.00;
Dollars.
No lic<nse shall be issued under this section except for
a period of one year, commencing on the first day of any month.
This section shall not apply to owner of property who does
his own plumbing or electrical work in a building owned by him,
provided he does not engage or employ on such work any other person or
persons, either directly or indirectly, for compensation or otherwise.
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Every person, firm or corporation engaged in the business
wholly or in part in the City of Lynwood, as a plumbing contractor
to do the rough plumbing and gas piping or for the installation of
plumbing or gas fixtures, water heaters, gas ranges and air heaters
included, and all electrical contractors doing wiring for lights,
heat or power, or to install any fixtures, motors, signs, electric
ranges, water heaters or air heating devices of any kind in said
City of Lynwood, shall pay a license fee of One Hundred 0100.00)
Dollars payable in advance.
SECT ION 24. RLAL LSTATE BROKER OR AuEiaT : Twelve 012.00)
Dollars per year. Provided that salesmen working through or for the
office of any broker, duly licensed in the City of Lynwood , shall
pay a license fee, the rate of which is hereby fixed at Three 03.00)
Dollars per anniva.
SECTION 25, A Jh BRO_ER FOR SURETY BAIL BONDSAEN.
Fifty (150.00) Dollars per year. No license shall be issued under
this section except for a period of one year, commencing on the
first day of any month.
SECTION 26. PEAT BLD: Fifty 0.50.00) Dollars per year.
SECTION 27. riOTOR 'JEHICLE: E very person, or persons, firm,
copartnership or corporation, not specifically mentioned in this
ordinance, conducting, managing or operating any automobile, auto-
mobile truck, automobile tank wagon, used for the transportation of
baggage, merchandise, freight, household goods, or other articles or
commodities to or from Lynwood shall pay an annual license tax of
Twelve (§* 12.00) Dollars for each such motor vehicle.
SECTION 28. In the event any annual or semi - annual license
fee provided for in this ordinance remains unpaid for a period
of fifteen days after same becomes due and payai.le under the
provisions of this ordinance, the same shall be declared delinquent,
and the License Collector shall thereupon add to said license and
collect a penalty of Ten (10p) Per Cent of the license so delinquent;
and if such license is not paid within thirty days from the time
such license becomes due and payable, an additional penalty of
Fifteen (15jo) Per Cent of said license shall be added to said
license, In computing said fifteen and thirty day periods, the
day upon which such license fee becomes due and payable shall be
included in the computation, except in the case of daily licenses.
The penalty herein provided for shall be in addition to all other
fines and /or penalties which may otherwise be levied or assessed
under the provisions of this ordinance.
SECTION 29. If any license issued hereunder be lost or
destroyed, and that fact appears by affidavit filed with the License
Collector, said Clerk may issue a duplicate of suen lost or de-
stroyed license, and shall make a charge of Fifty (50V) Cents for
each duplicate license so issued.
SECTION 30. Every person or individual liable to pay any
license tax under this ordinance shall make application to the Li-
cense Collector for a license, stating the business or pursuit de-
sired to be carried on; and it shall be the duty of the License
Collector upon investigation and confirmation of the statement of
said applicant, that he has complied with all the provisions of the
City laws, including this ordinance, required for the securing
of said license, shall prepare and issue the same to every person
or individual making such application for said license, and tender-
ing the fees thereunder; said license shall be duly signed by the
said Chief of Police or his deputy, and attested by the City Seal.
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SECTION 31. 11here, by the terms of this ordinance a bond is
required to be furnished by any person securing or applying for
a license, such person shall, before the issuance to him of such
license, deliver to the City Clerk a bond executed by any reliable
surety company, or by two personal sureties, each of whom is the
owner of property within the City of Lynwood, of the value of
twice the amount of the penal sum of the bond. The conditions of
said bond shall be stated in substantially the following language:
"If the said , the bounden principal, shall
comply with al the laws and ordinances pertaining to said
business and shall indemnify and save harmless the City of
Lynwood, and any person or persons who may be injured or caused
financial loss through any failure on the part of said licensee
in carrying on said business, then this obligation shall be
void; otherwise it shall remain in full force and effect,
and this bond shall inure to the benefit of the City of Lyn-
wood, and to any person or persons, and to all employers of
said licensee; and the said City and any of said above men-
tioned persons may maintain an action on this bond, directly
in its, his, her or their name or names, and this bond may
be recovered against more than once and until the full pe-
nalty thereof shall be exhausted."
SECTION 32. If any section, subsection, sentence, clause or
phrase of this ordinance is hereafter for any reason held to
be unconstitutional or unenforceable, such decision shall not
affect the validity of the remaining portions of this ordinance.
The City Council of the City of Lynwood does hereby declare that
it would have passed this ordinance, and each section, subsection,
sentence, clause or phrase thereof, irrespective of the fact that
any one or more of the sections, subsections, sentences, clauses
or phrases be declared unconstitutional or unenforceable.
SECTION 33. This ordinance shall never be held or construed
as imposi; a license or tax, or otherwise regulating or restrict-
ing Foreign or Interstate Commerce, and any business or portion
thereof which is embraced in the term "Interstate Commerce" or
in the term "Foreign Commerce" is not made subject to the license
imposed by this ordinance.
SECTION 34, That Ordinance No. 73 of the City of Lynwood,
California, entitled "AN O1 iiliviANCE OF THL tsUAttll OF TnuSTEES OF
THE CITY OF LYPWOOD, CALIFORNIA, LICENSING AND REGULATING VARIOUS
BUSINESSES IN SAID CITY OF LYNWOOD; PROVIDING A PENALTY FOR
VIOLATIONS T EREOF, AND REPEALIriG ORDINANCE NO'S 21, 23 40 and
58," passed and adopted on the 13th day of October, 1926, and
amendments to said Ordinance, numbering 81, 104, 120, 135, 140,
184 185, 187, 208 214, 218, and all ordinances and parts of or-
dinances are hereby repealed.
SECTION 35. That the City Clerk shall certify to the passage
and adoption of this ordinance, and shall cause the same to be
published once in the 11 LY - 0100D PRESS ", a weekly newspaper of
general circulation, printed, published and circulated within
the City of Lynwood, and which is hereby designated for that purpose.
PASSED, APPROVED AND ADOPTED this 21s tday of ?ugust , 1934.
O P TIU CITY O LYNWOOD.
ATTEST:
4 2 � 1 CLERK , C TY F LYI 0
0 ,
STATE OF CALIFORNIA, )
COUNTY OF LOS ANGELES,: SS.
CITY OF LYNWOOD. )
I, the undersigned, City Clerk of the City of
Lynwood, California, do
and foregoing Ordinance
Council of said City at
thereof held in the Cit
21st., day of ugust
following vote:
hereby certify that the above
was duly adopted by the City
a . regular meeting
y Hall of said City, on the
_, 1934_, and passed by the
AYES: COUNCILMEN: l ake. ever. Oaetweiler
nyder and 'oster.
NOES: COUNCILMEN: Don
ABSENT: COUNCILMEN: I-
CITY CLERK, I- CITY OF LYNWOOD .
I