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Ordinance 400 \ j~ ORDINANCE !Q.~ d AN ORDINANCE PROVIDING FOR ~THE REGISTRATION OF CONTRACTORS, AND DEFINING THE TERMS CONTRACTOR AND SUB-CONTRACTOR; PROVIDING THE METHOD OF OBTAINING LICENSES TO ENGAGE IN THE BUSINESS OF CONTRACTING WITHIN THE CITY OF GILROY, AND FIXING THE FEES FOR SUCH LICENSES; REPEALING ORDINANCE NO. 395 OF THE CITY OF GILROY AND ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PRESCRIBING THE PUNISHMENT F'OR VIOLATION OF THE PROVISIONS OF THIS ORDINANCE. The Mayor and Common Council of the City of Gilroy do ordain as followsr k SECTION 1. It shall be unlawful for any person, firm, co- partnership, corporation, association or other organization,or any combination of any thereof, to engage in the business or act in the capaeity of contractor, or sub-contractor, within this City without having a license therefor as herein provided. SECTION 2. A contractor within the meaning of this ordinance is a person, firm, copartnerShip, corporation, aSSOCiation, or other organization, or any combination of any thereOf, duly licensed as such under the laws of the State of California and/or who in any capacity other than as the employee of another with v wages as the sole compensation, undertakes or offers to undertake or purports to Jhave the capacity to unde~take or submits a bid, to construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, railroad, excava- tion or other structure, project, development, or improvement, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith. v' \/ :' ~.o' f I ~ & f .. SECTION 3. A sub-contractor within the meaning of this ordinance is a person, firm, copartnership, corporation or association or other organization, or any combination of any thereof, duly licensed as a contractor under the laws of the State of California, and/or who undertakes to, or submits bids to undertake to perform a portion of any contract to be awarded to the contractor as herein defined. SECTION 4. To obtain a license under this ordinance, the applicant shall make application to the City Clerk of the City of Gilroy upon such forms as shall be provided for by him, and shall pay therefor the yearly license fee in advance hereinafter provided. Upon payment of such license fee, the City Clerk shall deliver to the applicant a license to do business within the City of Gilroy as such contractor or sub-contractor as herein set forth and defined. SECTION 5. If such applicant shall have been previously engaged in the business of contracting, or, acting in the capacity of contractor or sub-contractor, as herein defined, within said City of Gilroy, without having previously paid a license fee therefor as herein provided, the City Clerk 811all, and he is hereby authorized and empowered to collect for such delinquency, and in addition to the yearly license fee to be paid in advance as herein provided. This provision shall be in addition to any otl1er penalty herein set forth; arid such Clerk shall not issue any license hereunder until such delinquent license fee shall have been paid. SECTION 6. A. Every contractor having a fixed place of business in said City of Gilroy shall pay a license fee of $10.00 per year, payable in advance. B. Every contractor having no fixed place of business in -2- said City of Gilroy shall pay a license fee of ~t150 .00 per year, payable in advance. C. Every sub-contractor having a fixed place of business in v/ said City of Gilroy shall pay a license fee of $10.00 per year, payable in advance. D. Every sub-contractor having no fixed place of business in said City of Gilroy shall pay a license fee of $50.00 per' year, payable in advance. SECTION 7. No license issued hereunder shall be transfer- rable. SECTION 8. Ordinance No. 395 of the City of Gilroy and all ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION 9. Any person, firm, association or corporation, or other organization, or any combination thereof, violating or wilfully non-complying with any provision of this ordinance , is guilty of a misdemeanor, and shall upon conviction thereof be punished by a fine not exceeding One Hundred ($100.00) Dollars, or by imprisonment in the City Prison not exceeding thirty (30) days, or by both such fine and imprisonrnent. SECTION 10. This ordinance shall take effect and be in force from and after its passage and approval. Adopted and passed this J 'f1jf day of (~, 1933, by the fOllowing vote: , A. D. ~.AYE : ,f)~ NOES: Councilmen -3- 43f~ '. /' - . " -.... " ,ABSENT: C oune ilmen tk.t G(Mj~~ Approved this ~ ~ day o.f /' (j}~k, , A.D. 1933. .( ('A:f~vd(~ (JlJ~. /'1" "..-'" Attest: ---, (/ /') G. /f (/L~ City Clerk. 0 ,. -4-