Ordinance 477
4\ 411
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ORDINANCE NO. 477
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city of Gilroy, California
AN ORDINANCE ~IENDING SUBDIVISION (b) OF SECTION 11, RELATING TO
INTERSTATE COMMERCE, AND SUBSECTION 51 OF SECTION 22, RELATING TO
SOLICITING, OF ORDINANCE NO. 452 OF THE CITY OF GILROY LICENSING
THE TRANSACTION AND CARRYING ON OF CERTAIN BUSINESSES, TRADES
PROFESSIONS, CALLINGS AND OCCUPATIONS IN THE CITY OF GILROY, FOR
THE PURPOSE OF RAISING MUNICIPAL REVENUE AND PROVIDING A PENALTY
FOR THE VIOLATION THEREOF.
BE IT ORDAINED BY THE COMMON COUNCIL OF TEE CITY OF GIlROY AS FOLLOWS:
SECTION 1. Subdivision (b) of Section 11 of Ordinance No. 452
of the City of Gilroy is hereby amended to read as follows:
{b} INTERSTATE COMMERCE. None of the license fees provided for
by this ordinance shall be so applied as to occasion an undue burden
upon interstate commerce. In any case where a license fee is believed
by a licensee or applicant for license to plaoe an undue burden upon
such commerce, he may apply to the City License Collector tor an
adjustment of the fee so that it sba.ll not be discriminatory,
unreasonable, or unfair as to such commerce. Such applicat1.on may be
made before, at, or within six months after payment of the prescribed
license fee. The applicant shall, by affidavit and supporting
testimony, show his method of business and the gross volume or esti-
mated gross volume of business and such other information as the City
License Collector may deem necessary in order to determine the extent,
if any, of such undue burden on such commerce. The City License
Collector shall then conduct an investigation, comparing applicant's
business with other businesses of like nature and shall make findings
of fact from which he shall determine whether the fee fixed by this
ordinance is unfair, unreasonable or discriminatory as to applicant's
business and shall flXQS the license fee for the applicant, an amount
What is fair, reasonable and npn-discriminato1:Y, 'or, if the fee has
already been paid, shall order a refund of the amount over and above
the fee so fixed. In fixing the fee to be charged, the City License
::Collector shall have the power to base the fee upon a percentage of
gross a,.,les, or any other method which will aSBure that the fee
asses~ed shall be uniform with that assessed on businesses of like
nature so long as the amount assessed does not exceed the fees as
prescrIbed by this section ot this ordinance. Should the City License
Collector determine the gross sales measure of the fee to be the fair
basis, he may require the applicant to submit, either at the time of
termination of applicant's business in the City of G1lroy or at the
end of each three month period, a sworn sta 1iement of the gross sales
and pay the amount of fee therefor, prov~ded that no additional fee
during anyone calendar year shall be required after the lieensee
shall have paid an amount equal to the annual license as prescr1.bed
in this section of this ordinance. An~ person aggrieved by the
action of the City License Collector in the assessing of the fee as
provided in this section of this ordinance, shall have the right of
appeal to the Common Council of the City of Gilroy. Such appea~' shall
be taken by filing with the Common CounciJ.j within fourteen (14) days
after notice of the action oomplained of has been mailed to such
person's last known address, a writt~n st~tement setting forth fully
the grounds for the ap,peal. "-..The Common' 'Council shall set a time and
place for a hearing on such appeal and notioe of such hearing to be
'held at a regular Council meeting within thirty (30) days of receipt
by said Council of notice of appeal, shall be given to the appellant.
The decision and order of the COlmcil on such appeal shall be final and
conclusive.
777
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SECTION 2. That subsection 51 of Section 22 of said Ordinance No.
452 of the City of Gilroy be and the same is hereby amended to read
as follows:
51. SOLICITING. For the business of soliciting, as in this
ordinanc~ defined, $25.00 per year.
(a) Where payment or deposit is demanded in advance of final
delivery, a bond shall be furnished to the City Li~ense Collector
by each such person engaged in the business of can~ssing, solicit-
ing or taking orders for goods, wares, merchandise, or any article or
for services to be performed. Such bond shall be in the penal sum
of $500.00 executed by a surety company or by two responsible free-
holders residing in the City of Gilroy (or in lieu thereof a cash
bond of equal amount), conditioned upon the making of final delivery
of the goods ordered, or services to be performed, in accordance
with the terms in such order or failing therein that the advance
payment on such order be refunded.
{b} Any person aggrieved by the action of any such sollcitor or
canvasser shall have tee right of action on the bond for the reco..~
of money or damages, or both. Such bond shall remain in full force
and effect, and in case of cash deposit such deposit shall be retmned
by the City of Gilroy, fora period of ninety {90} days after the
expiration of such license, unless sooner released by action of the
Common Council of the City of Gilroy.
(c) The provisions of this Subsection 51. shall not ,apply to any
authorized agent or representative of a regularly established
business in the City of Gilroy.
(d) For every other business, trade, profession or calling,
engaged in by any person, outside of th9se cOnducting regular places
of business, and except as in this ordinance otherwise expressly
provided, the license tax shall be $25.00 per year.
ADOPTED AND PASSED this ~ day of March, A.D., 1950, by the
following vote:
AYES:
Councilmen George M.Mason,J.R.Wentworth,Ray L.Stevena,
James B.Themas,Davld V.Stout,Dale D.Daniels.
NOES:
Councilmen None
ABSENT: Councilmen None
Approved:
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Attest:
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