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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� ,, , v 1' .: 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