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Ordinance 1991-04ORDINANCE No. 91-4 AN ORDINANCE OF THE CITY OF GILROY AMENDING AND REPEALING VARIOUS SECTIONS OF CHAPTER 13 OF THE GILROY CITY CODE PERTAINING TO BUSINESS LICENSES. THE CITY COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS: SECTION I. Section 13.1 of the Gilroy City Code is amended to read as follows: Sec. 13.1 Definitions (a) Business: "Business" means professions, trades, and occupations and all and every kind of carried on for profit or livelihood. (b) Fixed place of business: The term, "fixed place of business" is defined to be the premises within the city where a business is continuously conducted from day to day and regularly kept open for the purposes of such business, and is intended to and shall include apartment houses, auto courts, hotels, inns, motels, motor courts, group residences, and trailer parks. (c) Transient Business: Every business not conducted at a "fixed place of business" is, for the purposes of this chapter, termed a "transient business," whether the person conducting such transient business is or is not, a resident of the city. (c) Gross Receipts: is reenacted as paragraph (d). Paragraph (d)Peddler, (e)Person, (f)Reserved, and (g) Solicitor are repealed. SECTION II. Section 13.2 is amended to read as follows: Sec. 13.2. Required; compliance with chapter The carrying on of any business, trade, calling, profession, or occupation without first having procured a license from the city so to do, or without complying with any and all regulations of such business, trade, calling, profession, or occupation, shall be deemed a separate violation of this chapter for each and every day that such business, trade, calling, profession, or occupation is carried on. SECTION III. Section 13.3 is repealed. SECTION IV. Section 13.4 is amended to read as follows: Sec. 13.4 Separate license required for each branch of a fixed place of business; required for each type of business transacted at same location; exemption. ORDINANCE No. 91-4 (a) A separate license must be obtained for each branch or location of a "fixed place of business" transacted and carried on, and for each separate type of business at the same location, and each license shall authorize the licensee to transact and carry on only the business licensed thereby at the location or in the the manner designated in such license; provided, the warehouses and distributing plants used in connection with and identical to a business licensed under the provisions of this chapter shall not be deemed to be separate places of business or branch establishments. Every person engaging in a business at a "fixed place of business" in the city, as herein defined, and who has procured a license therefor, shall have the right to deliver the goods, wares or merchandise for which such license was issued, at any place in the city, without procuring any additional license therefor. (b) Every person engaging in any "transient business" in the city, as herein defined, and who has procured a license therefor, shall have the right to sell the goods, wares or merchandise or engage in the business for which such "transient license" was issued at a fixed place of business without procuring any additional license therefor. (c) In the issuance of "transient licenses" and licenses for "fixed places of business" no discrimination or distinction shall ever be made against nonresidents of the city in favor of residents of the city, and residents and nonresidents of the city shall be entitled to equal rights in all matters relating to the issuances of licenses. SECTION V. Section 13.7 is amended to read: Sec. 13.7.Display. Every person having a license under the provisions of this chapter for carrying on business at a fixed place of business, shall keep such license posted for exhibition while in force in some conspicuous part of such place of business. Every person having such a license and not having a fixed place of business, shall carry such license with him at all times while carrying on the business for which the same was granted. Every person having a license shall produce and exhibit the license, when applying for a renewal thereof, and whenever requested to do so by any police officer, or by any officer authorized to issue, inspect, or collect licenses. SECTION VI. Section 13.8 is repealed. SECTION VII. Sections 13.14 and 13.15 are repealed. SECTION VIII. Section 13.20 is amended to read as follows: Sec. 13.20 Suits for delinquent license fees-Generally. The city administrator may at any time bring suit in the name of the city for the recovery of license tax. In such actions a penalty of fifty (50) percent and costs shall be added to the amount of any judgment recovered by the city in addition to any other penalty or penalties then due or owing. ORDINANCE No. 91-4 SECTION IX. Section 13.28 is amended to read as follows: Sec. 13.28 Other Licenses The other licenses provided for in this chapter shall be due and payable to the city in advance of the license period. SECTION X: Section 13.40 is amended to read as follows: Sec. 13.40 Same - Certain enumerated businesses. The council may by resolution identify specific businesses, trades, professions, or callings, conducted at a fixed place of business in or out of the city, including vending machines, jukeboxes and amusement devices, for which annual license fees may be fixed and established by council resolution. SECTION XI: Section 13.41. is amended to read as follows: Sec. 13.41. Same - Transient businesses. Ail peddlers, solicitors, vendors and other transient businesses must comply with the provisions of Chapter 16A of this Code. In addition, the council may by resolution fix and establish license fees for such itinerant merchants on a daily, weekly, monthly or other appropriate basis. SECTION XII. Ail other ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION XIII. This ordinance shall take effect and be in full force thirty (30) days from and after its adoption and approval. PASSED AND ADOPTED this 4th day of March 1991 by the following vote: AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, VALDEZ and HUGHAN NOES: COUNCILMEMBERS: NELSON ABSENT: COUNCILMEMBERS: NO~ / ORDINANCE No. 91-4 3 I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 91-4 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 4th day of March , 19 91 , at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 19 91. Ci~ty~C%~e~he C~i~y ~Gi~lr~ (Seal) 7th day of March