HomeMy Public PortalAboutOrdinance 191OFDI NANCE NO. -1)1
AN OFDINANCE OF THE CITY OF BEAUMONT LICENSING FOR THE
PUBPOSF 07 ?D=UE ALL AND EVFE7 KIND OF 7U0INEP CAPPIED ON IN
All CITY; TTFCFIPING THE 7,F7ALTY vOrci VIOLATION OF THIr,
(7-,TITTANC'7;
MTD PFPFALTIT CP1-)TrAITC7 NO. 141 and AITNDI:F=7 THEPETO,
./770 ALL 00TINAT707 PAPT. 071)I7A17Ci,T, IN CC',717LICT FFPFTITH.
THF CITY COTTCTT, OF TTT? CTT7
FOLIC:
17.7A71_7r7m
r0 (7) PATY
Section 1. Definitions. Unless it is apparent
from the context that another nieanin6 is intended, the
following; cords when used herein shall have the meanin
attached to them by this section.
Section 1-a.
"Person" shall mean all domestic wnd
forei6n corporations, associations, syndicates, joint stock
corporations, partnerships of every kind, corporations,
Massachusetts business or common law trusts, societies and
individuals en6a6ed in any business as defined Herein in
the City.
Section 1-b. "Engaged in business" shall mean the
conducting, managing or carrying on of any profession,
trade, calling, occupation or commercial enterprise in the
City of Beaumont as owner, officer, agent, manager, emijoyee,
servant or lessee of any of them.
Section 1-c. "City" ahail wean the City of Beaumont.
Section 1—u. "Within the City" shall mean within
the corporate limits of the City as they now exist, or
may thereafter be made to exist, by subsequent exclusion
or addition.
S cticn i -f. "Pvu_iie1:1° iih it u.ewn tr4i r c:un ;'Jho CL -'F3
:c iee tc, i;i ce an . r wi nv the
etre t v it in the City, 6e1 Ll::.,{ 6,n;l ,,ski l tl.t. lit;, ue.LiVer �
cf ei'l' fLir+7`.,,1'.`e wY!„L 1L::i1. `•a]. ::a.t �- u<;il �`c 1` j til u•i..T jj'v `J t.l.J�
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.: dl rs, L1 �. T-C.•i�t:.e:���-i: `v'y V.L e:`vii�' ui, �. rl� :rl �.A ti' in oily i_: c. :.iJd 6::,l ,:JTi
`✓'' JILL n j t''1 6on, by w ,,;erac,n ti she t;1.::,ri ti.e bwf-i.L y a rU.lUCer,
rv`t1c--.L.e 1er j bber in 6Licrl :'vllil,G City or
Section 1-E. "Solicitor" semi mean any person who
ehEages in the business of EoinE from house to house, or
place to place, in or alonE the streets, in the City, on foot
or by vehicle, sellinE or taking orders for goods, wares,
merchandise, or anythinE of value, for future delivery; or
for services to 'c'e performed in the future; or for services to
'7]e performed on goos, wares, merchandise or other personal
property to be taken for such purpose to plant or establish-
ment outside of the city limits of the City of Beaumont.
Section 1-h. "Itinerant Vendor" shall mean
any person who engages in a temporary or transient business
in the City, selling goods, wares, merchandise or any other
thing of value, with the intention of conducting such busi-
ness in said City for a period of not more than ninety days,
and who, for the purpose of carrying on such business, hires,
leases or occupies any room, doorway, vacant lot, building
or other place for the exhibition or sale of goods, wares,
merchandise or other thin; of value. If the place in which
a business is conducted is rented or leased for a period of
ninety days or less, such fact shall be presumptive evidence
that the business carried on therein is a transient busi-
ness. The term "Itinerant Ven.dcr" shall also be deemed
+ c
mean the sellinE as a business at a c; is n or otherwise
, _ it
�.. � � �-,1,:;,T:�:�„�e;. ax:o e-aan:wLeu. , or wt :;r-..i.,.r.:.�,-ed L0 k ' ,s,
wares or xx.ercilanai4e from a fixed or other glace of business.
Secthn 1-1. ItContra,ctor" shallmeL'xi any 1;,erecn
en6ages 7;ith he owner or lessee or other .;',.erson in
pc3 eicn cf any act cr 1.rcel of cr tuildi.nL or struc—
ture, for the erection, constructicn,ivir cr feair of
ny louildinLf cr structure in the City cf Pee,urent, or fr the
aoinL, of wirin6, he-2,tinL, air echaiticnin,
araina6e, brick layin, csLient w.crk, io:„„vinL))
oari,:enter
shih6iin" in cir, fencih, inerior aecortin,,
or „„ny other wcrk in conneeicn with any of tne builain
traces in .e.d.0 City, ;h-ter 61,11;t: be by contrLct at a
Jixe Ciee or the h(;le -er unit consIruction, or
cost of 1.,aterial ans, baLii, or u..ion the cost
of construction iolus a ercentabe thereof Oasis.
Before a :License i is,ue,A a coh.tractor
herein licant shall file with the City Clerk is.,:,,tisfactory
eviaence such perscin has a license aria ccrupensation insurance
covera-.e reuired by the laws cf the State cf California.
Section 1—j. "Plumber" shall mean any person
who engages in the doing of any plumbing.
Section 1-k. "Plumping" shall mean the doing of any
work of a plumbing nature, such as, but not limited to, the
installation or repair of any plumbing of any description,
gas fitting, air conditioning, sewer work or drainage, the
installation and connecting of heating, air conditioning, or
refrigerating appliances, equipment or systems for compensa-
tion or hire.
Section 1-1. "Electrician" shall mean any
person who ena6es in the doing of any electrical wiring
within the City.
Section 1—m. "Electrical wiring" shall mean the
doing of any work of an electrical wiring nature, such as,
but not limited to, the installation or repair of electrical
wirinE in connection with the illuminating, heating, air
conditioning, or refrigerating of any building, structure,
or premises, or in connection with the generating of electti—
cal energy for any power purposes.
Section 1-n. "Licensee" shall mean any person
to who a license has been issued hereunaer.
HFcrt-Lne Teller" ii en a iJer6cn
flL t14 LX ,ractic tne tfuzineL cr
car -a. -.reain, fort'Lllie
ztJ.11111• cartancy, baLin,
aL6ury, vitLr, 2 neon)rf.ancy,
a cr fcr 3UCII rcLce
Section 1—p. "Medicine Show" shall mean the
business of dealing in medicines other than as conducted by
a regularly established drub store, or peddling the same, or
treating diseases of the human body, or calling attention
to wares or method of treatment or advertising the same by
use of music, entertainment, speech or other device.
Section 1-q. "Business by Vehicle" shall mean the bus-
iness of running, driving, or operating any automobile, auto-
mobile truck, automobile tank wagon, or any vehicle used for
transportation, selling, collection or delivery of goods,
wares, mer ..handisa or other personal prop rty of any kind
from; a venic,e, either as his or its principal business, or
in connection with any other business, or of soliciting for
work, labof, or services to be performed upon the public
street, in or from a vehicle.
Section 1—Q, a.
"WHOLESALE BUSINESS BY VEHICLE" shall be
deemed to apply to the delivery of 600ds, wares or mer—
chandise to retail merchants in the City of Beaumont at
wholesale prices for reslle by them for use or consumption
by the public on or off tne premises.
Section 1-q, b.
The terms "BUSINESS BY VEHICLE" and {WHOLESALE
BUSINESS BY VEHICLE" shall not be deemed to apply to persons,
firma or corporations operating such vehicles together with
and in conjunction with a fixed place of business °wit lthe
City of Beaumont for which such business a, license fee is
paid under other provision: of this ordinance; nor shall the
provisions of this ordinance to be construed as irr,)osino a
tax upon ve sicles, but as a method of classification of busi-
nerasea and distin6uiahin6 between those maintaining; a fixed
place of business in the City in the conduct of which vehicles
are used and those i&tintainin6 a business in the conduct of
which vehicles are used but who do not have a fixed place of
business w ith.in the City.
ction 1-r. Y.acnine E aineas" an:J.1 uiean
-ettin the use of, sr rentin 1cation for, or 1:;lacing
or in bineaa nouaea within the City of any .2.flu all
ty,ea of alillael,.ent or skill g-Li.ea or 0,ninee cr venin,
cr u3 of in ,erL.ittea, airowea,
contrullea or vcaae ,casiSIe ty .The ae,csit , • „iacinc, of any
coin, ;late, aisc, slug or key into any alot,- crevice or
other cenin in aucn 4,acnine LC .thachines.
Tne City Clerk anailct issue aucn license unie6o
until the ali;)iiction h fir et -ceen aubmitted to the 'City
Counail of the City and isuance cf a licnse to the J.Iicant
been directed 1y the City Coucii; anU the direction
o ' the issuance cf a license tc the aTlicanhai.1 be discre-
t ionary 7,i4H the City Council, he City Council hereby retaining
he right to aeny he direction of the isuance of a license
for this buineas Ic any aplicant who ir the jua,c1,thent of the
City Coancil n,ay attet t ,lace in c,eraticn b:ao.Lina
„croacik,aa oy 11._ or County Ordinance of "Uversiue County
to be uaea. The iaauance of a license for sa business anall
Lot be cchatrue, as a rint to ci.erte :ones that are ilieal
to use. The licenao ahall furnian an iaentification tax for
e,ach Isacine flit in uae v,nicn snail e ffixeu in lain
• C.11 ana ,ana._ contain the na.e. of tne licensee.
Section 1—s. "Advertising Vehicle" shall mean the
business of operating upon the streets, any wheeled vehicle
equipped with music or a musical device, loud speaker or
other device for attracting attention, or who operates upon
the streets any wheeleu vehicles for advertising purposes,
and to which wheeled vehicle there are attached signs, p1wc4ds,
billboards, or other advertising matter.
Section "THYAT 3UflISTE sha:±1 men the cohductini,
cf a lice of 'cusines where movinL .ictures are show and/or
shows put on for an adnA.ssion fee. t,..lication fcr a license
,.3hall 'no submittd the City Council c the City and
roved by tht body fld a licenBe directed y tht T',ody to
he issued. before any Liuch 3icense shll izisued by the City
flu. 6uchhjLL conin any inforiticn
that the City Cno ay e j1' the _4:1:lican; and in any
lioenJe
be i6Jue‘.1, Ice.,)t ren-v;a1, if there
is cne ii.cene theater bu.'6ineb 'aen in ciJeraticn in
the City.
Section 1-U. "POOL HALL EUSTNESS" shall mean the business
of keeping pool tables in a place of business:'hr e the -public
5 invited to play 6ames in which pool tables and billiard
tables•are usea and a charge is maae the puClic for the use
of such tables. Al permit as ,2rovidea for in Ordinance No.
of the City of 7caumont shall b cbtinc frthis busines
Isfore a licenseis issued.
c'ection 1-7.
"ONAIT IUOF PUP,TrE91, shall mean the
business of iispensing drinks for public consumption in a
business for the operation of which business an
"On
Sale" license is requirea under the laws of the State
of California ertainin to the aispensing of li4aor3.
sotion. i -w. HO= FI.JIrEs:” -1i1 mean the
iettin of roolus ox apartments by the i4,weti. uionth
vh.ere tree or Inure rooves or a.prtii,ents are unaer the sallie
F*E-.),,ticn 2.
LICETIrT 17.:-JJIPED. It shall be unlful
iL)erson tc, be engaEed in 'c•-u3iness of any kind in the
City without hc.vinE; an unrevc.ked license fro the Cd.t.y tc
O, valid '_nd in effect at the til.Ke, and without cclyin with
any an all reLultions of such '!:Tusinos contined in this
cr,_4inance, unies such ...:,erson 13 exet fro lioense
uns.er the .Jovisions of this orc'Linnce r :he of the
,-te of Cliforni. No 1:erson nc, is olloyee or who is the
rt reresentative of licensee sh,111 be rired to 1-.)d,y
licen,se fet for the uoinL of fly t .± the work of such
Iiensee.
Section 2—a. Separate Violation. The engaging
in business without first having procured a license from
the City so to do, or without complying with any and all
regulations of such business as contained in this ordinance,
shall be deemed a separate violation hereof for each and
every day that such business is carried on.
Section 2—b. aparate Licenses. Separate licenses
must be obtained for each branch, establishment, or separate
place of business in which the business is carried on.
Separate licenses must be obtained for each kind of class
or business carried on at one location. Any person carrying
on a business at one location containing several departments,
all of which are presided over and carried on exclusively by
said person as proprietor or by members of his immediate family
(parents, spouse or children), shall be required to pay only
one license fee, which shall be the full license fee of which—
ever business calla for the highest license fee.
Section 2—d. Not Transferable. No licensee
hereunder shall be transferred or asai6ned, nor shall such
licence be construed as aut horizino any person other than
the licensee, to en6a6e in the licenced business.
Section 2-f. Civil Obligation. The amouht of any
license fee imposed hereunder shall constitute a debt to the
City and any person enEading in business in the City without
having; a lice from the City Clerk so to do, shall be subject
to an action in the name of the City in any court of competent
jurisdiction for the collection of the amount of the license
fee imposed by this ordinance.
Section j. APPLICATION FORMS. Ail piicants for a
licensee shall Live in writing; any information concerning, the
applicant and t .e business that may be re; Mires by the City
Council or by the City Clerk or Chief of Poiice of the City;
and in case the applicant is loin business under a fictitious
name or as copartnership the wpb lication shall show the names
of all persons doing business under a fictitious name or as a
copartnership.
Section 3-a. CO7ITCIL DISCRETION:
In all cases of doubt as to any al_plicant being
entitled to an exem tion from any license t:,x or from the
ai; %1ieation of ;:ny of the , rovisions of this or:..inance, the
';uruen of establishin; the right of s_.ci, exewtion shall be u on
the ay.;;;lica.nt.
Like
Subuiviai;n A. The City Council shall have
right to revoke the iicenee of any licensee convicted
of law, Or
in any court of a violation of tnie ordinance, ..end in ease of
revocation the city shall be under no obligation to refund
the unearned or unexpired portion of the license/ fee raid.
Subdivision B. The City Council shall have
the discretion to refuge to uiermit the issuance of a license
to any a;i;1icant who in the judgment of the City Council will
conduct or attempt to conduct such business in an unlawful
manner or in an illegal way or in violation of any law or
ordinance.
Suction Lt.
LICE' K F .`7. Ail licenee e h ii be
c l�� in e.u.ve,nCe in .L,wful Loney of the unite,.; =,"u .tea to the
City Clerk.
A i llnL 1:J Cense f be „Lu n,� y big
on the ±:ir_{. i .y f' _ wr.u;,ry �w �_.cri yv...r. Ary r• -ri er aoin
� G
uw yer r 7. L for 1vh:icn bu,3ine„3ra e,n
for lei... r� {rrl_- f � ,Tv
cVnnui iiLC ;i - fee is :erein £ r vi, e., ah i.e te r iL,irea. o
Secticn 5. LNENsE FEES, ali,cunts of:
The rates of'license fee a are hereby fixed aa follows,
to wit:
4
Ecoil,in House Business, j to 15 rocli,s, per Auarter ,
Ftootnin6 House business, 15 rocrile or over, -)er quarter C.oc
Contractor, .,er yer 4C.00
17:lectrician, per year 46:.00
Pluber, per year 70.00
Peddler, per day 3.00
%licitor, per qu4rter 12.00
Itinerant Vendor, per day 8.00
Circus, per day 25.00
7iaeshow or carnival, per day
25.00
Fcrtune Teller, pr er year
ll
edicine Thew, per day 00.o0
12: 17usinc by Vehicle, per qurter
7holea1e 7usiness by Vehicle, per quarter 3.co
AdvertieinE; Vehicle, per day 5.00
on '.!,,_tle Liquor Tusineo, -ier quarter 12.50
Coin-Operated :chine 7u6ines, per year 100.00
All other busineses not hereinabeve
b.co
specifically enullierated, per quarter
Exceptin6 those businesses in ,ihich labor
is the chief activity and a. stock of coLds ia
not carJ:ied for sale or acid, f.: which the
license fee shall be, per 4uarter j.00
PEC;VIDTT, that a discount of-50 shall to e.ilQW. on
the license fees cf contractcr, electrician and plurLber if
within 15 days after the effective date cf this
ordinance cr before Janu_ry 15th of e=..c. ye=tr.
Section 6. ENFORCEMENT:
The Chief of Police and all police officers
of said City shall have and exercise the power to make arrests
for the violation of any of the provisions of this ordinance
and to enter, free of charge, at any time, any place of
business for which a license is required by this ordinance
and to demand the exhibition of such license for the current
term by any person engaEed or employed in the transaction of
such business; and if such person snail then and there fail
to exiiibit such license, such person shall be liable to the
penalty provided for a violation of this ordinance.
Section 7. VIOLATION: Penalty for:
Any person violating any of the provisions of
this ordinance shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be punishe,c1, by a fine of not more
than OCO.00 or by imprisonment in the City Jail for a period
of not more than three months, or by both such fine and
imprisonment.
',7ection 74E. Th't if cny secticn, subsecti6n, sentence,
r e cf this crirnc i for any reason held to
cr uncenstitutionl by the decisicn cf any court
of oeiLetent jUri3UOti.Yi, e.uch -eciaicn ahJii not :4..ffect the
validity cf the reilinih6.iortions of this tni. innce. Tne
City Codhoi'l of the City cf 77Dedul;,oht herety .eere that they
nave 1?e:aed thia erdinahce e..:,ch ;section, adbsectich,
6ehtehce, eladse±1rat thereef, irresi.;eive_cf the fact
that .any cne rore other sectiens, autecticna, aehtencea,
cues ef 1.hraaes be deciredinv.Li.or -c.,ntitutioho.i.
Section 5'. Ordinances No. 1--1, 145, 149, 150, 172, of
the City of Be:;..i.uniont are hereby repea,led.
tct1r;. The City Clerk ahad.1 certify to the ol.)tic.,n
thic or,linance, shall cue the sace to be I:lablihed once
in the F.e.:..laricnt Gazette, a newq)al;er cira„lation
T-.=,eucrit, California, ana thirty after --.ioi.)ti()n
it 3h,-.1.1 be in U1 fc.;rce E.J.ia effect.
Att,e-ot:
A,dci,ted the /3
0 ity
TATL 0.1-7 CALI= IA:
C(11.3:"'Y OF FTVT--7-,"ILE:
- •
day c.,f
°
E,.rnice Conil%e, City Cie' k of the City of EeaulLont
hereby certify the foreoin orainanee waa re a retiir.
lf,eetin of the City Council City heL, on the 2.5q4
•of-)•••• •• • • c,te • •-
. ,...„ at reLular
e t f&iu City c.;oLincil cn the /.34. ,iay
S; Trthe fo,l_o win, vote:
AY C ounc e 02,a, ji
J9jr a-4.
Councihr,en'
t‘P 77777 t Counciin.en
7-Itner3e 1?.1v hand ,nd c‘f fici aeal thio /3g aay cf_%11.44.4_
City Clerk
1