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Ordinance 452 - \ ~3 AN ORDINANCE LICENSING THE TRANSACTION AND CARRYING ON OF CERTAIN BUSINESSES, TRADES, PROFESSIONS, CALLINGS AND OCCUPATIONS IN THE CITY OF GILROY, FOR TKE PtffiPOSE OF RAISING MUNICIPAL REVENUE AND PROVIDING A Ph"'NALTY FOR THE VIOLATION THEREOF. BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF GILROY AS FOLLOWS: ,: SECTION 1. DEFINITIONS. Unless it is apparent from the context that another meaning is intended, the following words when used herein shall have the meaning attached to them by this Section: (a) PERSON. As used in this ordinance, "person" means all domes- tic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, Massachusetts, business, or common law trusts, societies, and individuals transacting and carry- ing on any business in the City of Gilroy. (b) BUSINESS. As used in this ordinanc~ "business" means pro- fessions, trades, and occupations and all and every kind of calling carried on for profit or livelihood. (c) GROSS RECEIPTS. As used in this ordinance, "gross receipts" shall mean the total amount of the sale price of all sal es and the total amount charged or received for the performance of any act, service, or employment of whatever nature it may be, for which a charge is made or credit allowed, whether or not such service, act or employment is done as a part of or in connection with the sale of materials, goods, wares, or merchandise. Included in "gross receipts" shall be all receipts, cash, credits, and property of any kind or nature, and any amount for which credit is allowed by the seller to the purchaser without any deduction therefrom on account of the cost of the property sold, the cost of the materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever. E~uded from Itgross receipts" shall be cash discounts allowed and taken on sales; any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser; and such part of the sale price l..._i~~~~ _.........__.._._...._ ._ ,..1 ,,~~ -." : I 'It! ~,ijN" of property returned by purchasers upon recission of the contract of sale as is refunded either in cash or by credit. (d) PEDDLER: 'Whenever the word,ffpeddler" shall appear in this ordinance it shall be construed to mean any hawker, vendor, or other per- son who goes from house to house, place to place, or in or along the streets, within the City of Gilroy, selling and making immediate delivery, or offering for sale and immediate delivery, any goods, wares, merchan- dise, or anything of value, in the possession of the peddler, to persons other than manufacturers, wholesalers, jobbers, or retailers in such commodities. ( e) SOLICITOR. The word, It solici tor" shall be deemed to mean and include every agent, canvasser or other person who travels from place to place, or house to house, and tOlicits or takesorders from, or canvasses for, or makes demonstrations of, any goods, wares, merchandise, or things or articles of value, or advertising, or for services to be performed in the future, or for subscriptions to periodicals or tickets of admission to entertainments or memberships in any clubs, or travels from place to place, or house to house, and solicits, requests or urges persons to ride with or become guests of such canvasser or his principal for the purpose of viewing any real estate subdivision or other development, enterp~ise or project, for the purpose of interesting such person in investment therein; provided, however, that this definition shall not include persons engaging in any wholesale business who sell to, or solicit orders for merchandise from, merchants who are engaged in a retail business buying goods, wares, or merchandise, or other personal property, for purposes of resale thereof in the same form or condition as when purchased. (f) FIXED PLACE OF BUSINESS. The term, "fixed place of business" for the purpose of this ordinance is hereby defined to be the premises in V wit~the City of Gilroy where a business is continuously conducted from day to day and regularly kep"t open for the purposes of said business. The term, "regular place of bas1ness"for the purpose of 2. T"l~" . '. /)jS- .... ........ this ordinance is hereby defined as having the same meaning as "fixed place of business". Every business not conducted at a "fixed place of business" or at a 'i-egular place of business, It as said terms are herein defined, is, for the purposes of this ordinance, termed a "transient business", whether the person conducting such transient business is, or is not, a resident of the City of Gilroy. Every license issued by the License Collector for a "transient business", as herein defined, shall have the word "transient" stamped or printed thereon by the License Collector, and every license issued by the License Collector for a "fixed place of business" or "regular place of business" shall have the words "fixed place of business" stamped thereon. Every person engaging any "transient business" in Gilroy, 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 said "transient license" was issued at a fixed place of business without procuring any additional license therefor. Every person engaging in business at a "fixed place of business" in Gilroy, 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 of Gilroy, without procuring any additional license therefor. In the issuance of "transient licenses" and licenses for "fixed places of business", or "regular places of business" no discrimination or distinction shall ever be made against non-residents of the City of Gilroy, in favor of resi- dents of the City of Gilroy, and residents and non-residents of the City of Gilroy shall be entitled to equal rights in all matters relating to the issuance of licenses. No business shall be conducted at any fixed place of business within any district in the City of Gilroy where such business is prohibited by the zoning laws of the City of Gilroy, and no license shall be issued for any place of business unless the zoning law of Gilroy permit or allow such 3. .,~.~; ,.,/' -,;;............,.'""',~~~....-......'" _........oidi /0/6 'I~..p" ......., business to be conducted at the location for which application for license is made. No bedroom of any place of business licensed, used, and occupied as a hotel, inn, rooming house, lodging house, or boarding house, shall, for the purposes of this ordinance, ever be construed to be a "fixed place of business" or a "regular place of business" for any business other than of such hotel, inn, rooming house, lodging house, or boarding house. All persons claiming any such room of such hotel, inn, rooming house, lodging house, or boarding house licensed, used and occupied, as such, shall, for the purposes of this ordinance, be deemed to be con- ducting a transient business, and shall be required to procure a proper "transient license" therefor. (g) WHOLESALE BUSINESS. For the purpose of this ordinance the term, "wholesale business" is defined to be every business conducted solely for the purpose of selling goods, wares or merchandise in whole- sale lots to retail merchants for resale at retail to the trade by said retail merchants in the same form or condition as the s~e were in at the time of the sale thereof to said retail merchant. The sale of meat, meat products, or any goods, wares, or merchandise, to retaurants, hotels, cafes, eating houses, confectionery stores, or other places of business for the purpose of resale as a part of any lunch, meal, or beverage, shall, for the purpose of this,.ordinance, be deemed and construed to be the conducting of a retail business, and no such sale or sales shall ever be construed as wholesale business. It shall be unlawful for any person engaging in the wholesale business to sell meat, meat products, and goods, wares, or merchandise to restaurants, hotels, cafes, eating houses, confectionery stores, or other places of business, for the purpose of resale as a part of any lunc~, meal or beverage, without first having procured a license from the City of Gilroy permitting him to engage in the business of selling the same at retail as in this ordinance provided. (h) RETAIL BUSINESS. For the purpose of this ordinance, the term "retail business" is defined to be every business conducted for the purpose of selling or offering to sell, any goods, wares, or merchandise, 4. ",. /47 ........." other than as a part of a "wholesale business" as hereinbefore defined. SECTION 2. LICENSE REQ,UIRED. It shall be unlawful for any person, whether as principal or agent, clerk or employee, either for himself or for any other person or for anybody, corporation, or otherwise, to commence or carryon any kind of lawful business, trade, calling, pro- fession, or occupation in the City of Gilroy, without first having procured a license from said City so to do, or without complying with any and all regulations of such business, trade, calling, profession or occupation contained in this ordinance. SECTION 3. SEPARATE VIOLATION. The carrying on of any business, trade, calling, profession, or occupation as aforesaid, without first having procured a license from said City so to do, or without complying with any and all regulations of such business, trade, calling, profession, or occupation, contained in this ordinance, shall be deemed a separate violation of this ordinance for each and every day that such business, trade, calling profesion, or occupation is carried on. SECTION 4. BRANCH ESTABLISHMENTS. A separate license must be obtained for each branch establishment or location of the business transacted and carried on, ind for each separate type of business at the same location, and each license shall authorize the licensee to transact and carryon only the business licensed thereby at the location or in the manner designated in such license; prOVided, the warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this ordinance shall not be deemed to be separate placesof business or branch\establishments. SECTION 5. FORM OF LICENSE. It shall be the duty of the License Collector to issue a license under this ordinance for every person liable to pay a license hereunder, and to state in each license the period of time covered thereby, the name of the person to whom issued, the name of the business licensed, the character of business licensed, and the location or place of business where the same is to be carried on. It shall be the duty of the License Collector to report in writing to the City Marshall the name, place of business, and character of business, 5. r #' '"'}47 A of all persons to wh~ any business license is rrsued for the first time, together with the name of said place of business. SECTION 6. NOT TRANSFERABLE. No license granted or issued under any provision of this ordinance shall be in any manner transferred or assigned, or authorize any.person, other than is therein mentioned or nan ed to carryon the licensed business. SECTION 7. LICENSE EXHIBITING. Every person having a license under the provisions of this ordinance for carrying on a business at a fixed place of business, shall keep such license posted for exhibi- tion while in force in some conspicuous part of said place of business. Every person having such a license and not haing 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 hav~g a license shall produce and exhibit the same, when applying for a renew- al thereof, and whenever requested to do so by any police officer, or by any officer authorized to issue," inspect, or collect licenses. SECTION 8. LICENSE FEE A CIVIL OBLIGATION. The amount of any license fee imposed by this ordinance shall be deemed a debt to the City of Gilroy and any person carrying on any lawful business in said City, without having a license from said City so to do, shall be sub- ject to any action in the name of the City in any court of competent jurisdiction for the collection of the amount of license fee by this ordinance imposed on such business. SECTION 9. EFFECT ON CIVIL OBLIGATION. The conviction and punishment of any person for transacting any business without a license shall not excuse or exempt such person from the payment of such license fee due or unpaid at the time of such conviction, and nothing herein shall prevent a criminal prosecution for any violation of the pro- visions of this ordinance. SECTION 10. LICENSE FEE - WHEE' PAYABLE. All license fees shall . be paid in advance in lawful money of the United States at the office of the License Collector of the City of Gilroy, or such other place as the Common Council may subsequently designate by resolution or ordinance. 6. ,... 14/ ANNUAL LICENSES. ~he license year shall be brte fiscal year commencing on the first day of July and ending at midnight on the 30th day of June, next succeeding.'<<he annual licenses first in this ordinance provided shall be due and payable, and shall constitute a debt due and owing, to the City of Gilroy on the first day of July of each fiscal year. Any person doing business for less than the full fiscal year, and for which business an annual license fee is herein provided, shall be required to pay the full annual rate. SEMI-ANNUAL LICENSES. For the purpose of issuing the semi-annual licenses and collecting the semi-annual license taxes hereby required, the fiscal year of the City of Gilroy is divided into two semi-annual periods as follows: July, August, September, October, November and December shall constitute the first semi-annual period, and January, Feb- ruary, March, April, May and June shall constitute the second semi- annual periOd. The semi-annual licenses in this ordinance provided shall be due and payable, and shall consitute a debt due and owing to the City of Gilrov on the first days of July and January of each fiscal year. Any person doing business for only a pD~tion of a semi-annual period, and for Which business a semi-annual license fee is herein pro- vided, shall be required to pay the full semi-annual rate. QUARTERLY LICENSES. For the purpose of issuing the quarterly li- censes and collecting the quarterly license taxes hereby required, the fiscal year of the City of Gilroy is divided into four quarters, as follows: July, August, and September shall constitute the first quarter; October, November and December shall constitute the second quarter; January, February and March shall constitute the third quarter; and April, May and June shall constitute the fourth quarter. The quarterly licenses in this ordinance provided shall be due and payable, and shall constitute a debt due and owing to the City of Gilroy on the first days v of JUly, October, January, and'April of each fiscal year. Any person doing business for only a portion of a quarterly period, and for Which business a quarterly license fee is herein provided, shall be required to pay the full quarterly rate. 7. ,tjf! /41 -. MONTHLY LICENSES. The monthly licenses in this ordinance pro- vided shall be due and payable and shall constitute a debt due and owing, to the City of Gilroy on the first day of each month of each fiscal year. Any person doing business for only a portion of a month, and for which business a monthly license fee is herein provided, shall be required to pay the.}tull monthly rate. DAILY LICENSES. The daily licenses in this ordinance provided shall be due and payable to the City each day in advance. PENALTY. If any licenses provided by this ordinance shall remain ..' unpaid for more than :1:..11*":1 days after the same is due, a penalty of twenty-five (25%) per cent shall be added to the same and collected by the officer or employee of the City having charge of the collection of licenses. SECTION 11. EXEMPT - WHAT PERSONS ARE. (a) CHARITIES, ETC. The provisions of this ordinance sh&l not be deemed or construed to require the payment of a license to conduct, ~age, or carryon, any business, occupation, or activity, or require the payment of any license from any institution or o~ganization Which is conducted, managed ormrried on wholly for the benefit of charitable purposes or from which profit is not derived, either directly or indirect- 11', by an individual, firm or corporation; nor shall any license be required for the conducting of any entertainment, dance, concert, eXhibi- tion, or lecture on scientific, historical, literary, religious or moral subjects, whenever the entire receipts from the same are to be appro- priated to any church or school, or to any religious or benevolent pur- pose; nor shall any license be required for the conducting of any enter- tainment, dance, concert, exhibition or lecture, whenever the receipts from the same are to be appropriated for the purposes and objects for which such association or organization was formed and from which profit is not derived, either directly or indirectly, by any individual, firm, or corporation; provided, however, that nothing in this section contained shall 8. ,- , ~ ISo be deemed to exempt any such institution or organization from complying with the provisions of this ordinance requiring such institution or organization to obtain a permit from the Common Council, or proper officer, to conduct, manage, or carryon any profession, trade, call- ing or occupation. (b) INTERSTATE COMMERCE. Every peddler, solicitor or other person claiming to be entitled to exemption from payment of any licen~e provi~ed for in this ordinance upon the grounds that such license casts a burden upon his right to engage in commerce with foreign nations or among the several states, or conflicts with the regulations of the United States Congress respecting interstate commerce, shall file a verified statement with the officer or employee of said City having charge of the collection of licenses, disclosing the interstate or other character of his business entitling such exemption. Such statement shall state the name and location of the company or firm for which the orders are to be solicited or secured, the name of the nearest local or state manager, if any, and his address, the kind of goods, wares, or merchandise, to be delivered, the place from which the same are to be shipped or forwarded, the method of solicitation or taking orders, the location of any warehouse, factory, or plant within the State of California, the method of delivery, the name and location of residence of the applicant, and any other facts necessary to establiSh such claim of exemption. A copy of the order blank, contract form, or other papers used by such person in taking orders shall be attached to the affidavit. If it appears that the applicant is entitled to such exemption, such applicant Shall forthwith be issued a free license. (c) DISABLED VETERANS. Every honorably discharged soldier, sailor, or marine from the military or naval service of the United States who is unable to earn a livelihood by manual labor, may hawk, peddle or vend any kind of goods, wares or merchandise (other than spirituous, vinous, mal t or alcoholic liquors) in the City of Gilroy, without paying a license tax or obtaining a license therefor, under a permit for that purpose issued by the Mayor and filing a copy of said permit with the License Collector; and the Mayor shall issue such permit to any person making satisfactory proof that he is entitled thereto under the provisions thereof. 9. . "'" . ( d ) FARMERS ~ p'mJL TRY MEN. , The provisio~: of this ordinance IS-I shall not be deemed to include or apply to farmers, poultry men, or horticulturalists, who may sell exlusively their own produce. This exemption shall not apply to nurseries or other commercial establiSh- ments which buy goods for resale as well as selling their own goods. (e) COUNCIL DISCRETION. In all cases of doubt as~o any applicant being entitled to an exemption from license tax, or from the application of any of the provisions of this ordinance, the burden of establishing the right to exemption shall be upon the applicant. All applicantions for exemption in such cases shall be referred to the Common Council, \'h ich shall consider and' act upon the same and grant or refuse such exemptions as in the use of its discretion it shall deem just. SECTION 12. GROSS MONTHLY RECEIPTS. HOW ASCERTAINED. On the first day of April, July, October, and January of each year, every person, firm, or corporation, required to pay a general business ~icense as provided by Section 21 of this ordinance shale file with the License Collecto~ a verified affidavit in writing, Showing the gross monthly receipts of the business of such person, firm, or corpor- ation, for Which a license tax is required to be paid, for each of the three months last past. If the business be owned, conducted, or carried on, by a firm, or copartnership, such affidavit must be sworn to and filed by one of the members or partners. If the business be owned, conducted, or carried on, by a corporation, such affidavit must be sworn to and filed by its president, vice-president, secretary, as- sistant secretary, treasurer, assistant treasurer, chief accounting officer, or managing agent. The License Collector, or any Deputy License Collector, may, in all cases, examine the books and accounts of any peraDp, firm, or corporation, required to file such affidavit, for the purpose of verifying the same or for the purpose of determining the amount of gross monthly receipts of such person, firm, or corporation. If any person, firm, or corporation, owning, conducting, or carrying on, any business in the City of Gilroy, and required to file such affi- davit as in this ordinance provided, shall fail, neglect, or refuse, to file any such affidavit with said License Collector within twenty (20) 10. \ IS-~ days after the same is required to be filed as herein provided, or shall fail or refuse to permit said License Collector, or any Deputy License Collector, to examin~ the books and accounts of such business for the purpose of verifying any filed affidavit or determining the amount of gross monthly receipts, the License Collector shall arbitrarily assess the license tax on said business at the rate of $IOO.OO per quarter to be prorated at said rate until such affidavit is filed and examination of books and accounts permitted. All affidavits filed pursuant to the pro- visions of this section shall be confidential and shall not be subject to public inspection. It shall be the duty of the License Collector to so preserve and keep the said affidavits that the contents thereof may not become known except to the person charged by law with the administra- tion of this ordinance, and except when it is necessary to divulge such information for the purposes of enforcing the provisions of this ordinance. No license issued shall in any manner indicate thereon the amount of the license tax paid, when the amount thereof is established by the amount of gross monthly receipts. SECTION 13. LICmSE MUST BE OBTAINED-WHEN. A license tax must be paid and a license therefor procured, as herein provided, immediately after this ordinance goes into effect, by every person, firm and corpor- ation engaged in conducting or carrying on any business or profession or game, or managing or exhibiting any show or exhibition, in the City of Gilroy, for which a license is required by the provisions hereof; and such license tax must be paid and such license procured by all other persons, firms, and corporations, before commencing, or engaging in, or beginning, to conduct or carryon any such business or game or exhibit any such :h ow or ami bi tion. SECTION 14. LICENSES TO BE SIGNED BY MAYOR, ETC. All licenses issued under the provisions of this ordinance shall be signed by the Mayor and countersigned by the City Clerk. The City Clerk shall cause I to be printed and keep constantly on hand as ~ blank forms for such licenses as may be required, bound in book form, with the appropriate marginal stubs for each form, and upon the requisition of the License Collector, shall deliver to him as many such licenses duly signed and .- 11. / /53 ...."t<;...' countersigned as he may require, charging him therewith, and shall enter upon the marginal stub of each license the date of its delivery. The License Collector shall, on the last day of each quarter, account to and settle with the City C~rk for all such licenses delivered to him during the preceding quarter, by either returning the license unused or paying the value thereof into the city treasury. SECTION 15. LICENSE RECORD. The License Collector shall keep in his office a book designated ftUicense Record", in which shall be entered the names of all persons to whom a license is issued under the provisions of this ordinance, the date of issuance of such license, the nature of the business, show, exhibition or game, thereby licensed, the time for which the license is issued, the amount of license tax paid therefor, the location or place of business where the same is to be carried on, and the name of said business. SECTION 16. REPORT BY LICENSE COLLECTOR TO COMMON COUNCIL. The License Collector shall make diligent effort to discover all persons, firms and corporations, engaged in conducting or carrying on any business or game or exhibition or exhibiting any show in the City of Gilroy, for which a license is required by the prOVisions of this ordinance; and shall on the first Monday in each month (except the first Monday in each quarter), make a report in writing to the Common Council of all persons, firms and corporations, that have failed to procure the prescribed license for the current quarter and the amount of the license tax due from each. SECTION 17. POLIC~ EX-OFFICIO LICENSE COLLECTORS. In addition to the other duties imposed upon them by law, all policemen of the City of Gilroy shall be ex-officio license inspectors and shall exercise due diligence to cause the provisions of this ordinance to be carried into effect, and shall, upon the request of the City Attorney, procure for said officer such evidence as he may requre for the prosecution of any civil or criminal action brought under the provisions of this ordinance. Every policeman shall examine and ascertain whether every business, show, exhibition and game requiring a license, which may come to his knowledge, is duly licensed: and shall forthwith report in writing to the License 12. / 15~ ......... .\'..,.".,..#". Collector the name of any person whom he may discover engaged in, conducting or carrying on any such business or game or exhibiting any such sho.tor exhibition without having the license therefor required by law. Any policeman wilfully failing or neglecting to make such reports shall be punished with fine, suspension or dismissal from the force. SECTION 18. CITY ATTORNEY TO BRING SUITS FOR DELINQtJmT LICENSE FEES: Against any person who engages in, conducts or carries on, any business or game, or exhibits any show or exhibition, for which a license is required by the provisions of this ordinance without procuring such license and paying the prescribed license tax, the Common Council may at any time direct the City Attorney to bring suit in the name of the City of Gilroy for the recovery of such license tax.: In such actions for the collection of a license tax hereby imposed, a penalty of Ten ($10.00) Dollars shall be added to the amount of any judgment recovered by the City of Gilroy, in addition to any other penalty or penalties then due or owing imposed by the provisions of this ordinance. SECTION 19. ATTACHMENTS PROVIDED. In all suits instituted by the City of Gilroy as herein provided for the collection or the recovery of any license tax hereby imposed, the License Collector, or the City Attorney may make the necessary affidavit for a writ of attachment against the property of the defendant therein, and such writ shall thereupon be issued without any undertaking or other security being given by or on behalf of said City. SECTION 20. RATES ACCORDING TO SCHEDULE. The rates of license fees for the businesses hereinafter named shall be and the same are hereby fixed and established according to the following schedule and the same shall be paid by all persons engaged in such business in the City of Gilroy as follows, to wit: SECTION 21. GENERAL BUSINESS LICENSE. Every person, firm, or cor- poration conducting, managing, or carrying on, at a fixed place of business in the City of Gilroy, any business, trade, profession, or calling, whether as a merchant or otherwise, not otherwise specifically licensed by other sections of this ordinance, Shall pay a license tax, the amount of which shall be fixed and regulated as to the amount of the gross monthly receipts 13. , P"! "11<I /5S- II'" of such business, trade, profession, or calling, as follows~ to wit: Where the gross monthly receipts do not exceed $2,000.00, the license tax shall be $3.00 per quarter; Exceeding $2,000.00, but not $3,000.00, $4.00 per quarter; Exceeding $3,000.00, but not $4,000.00, $4.50 per quarter; Exceeding $4,000.00, but not $5,000.00, $5.00 per quarter; Exceeding $5~000.00, but not $6,000.00, $5.50 per quarter; Exceeding $6,000.00, but not $7,000.00, $6.00 per quarter; Exceeding $7,000.00, but not $8,000.00, $6.50 per quarter; Exceeding $8,000.00, but not $9,000.00, $7.00 per quarter; Exceeding $9,000.00, but not $10,000.00, $7.50 per quarter; Exceeding .10,000.00~ but not $11,000.00, $8.00 per quarter; Exceeding $11,000.00, but not $12,000.00, $8.50 per quarter; Exceeding $12,000.00, but not $13,000.00, $9.00 per quarter; Exceeding $13,000.00, but not $14,000.00, $9.50 per quarter; Exceeding $14,000.00~ but not $15,000.00, $10.00 per quarter; Exceeding $15,000.00, but not $16,000.00, $10.50 per quarter; Exceeding $16,000.00, but not $17,000.00, $11.00 per quarter; Exceeding $17,000.00, but not $18,000.00, $11.50 per quarter; Exceeding $18,000.00, but not $19,000.00, $12.00 per quarter; Exceeding $19,000.00, but not $20,000.00, $12.50 per quarter; Exceeding $20,000.00, but not $21,000.00, $13.00 per quarter; Exceeding $21,000.00, but not $22,000.00, $13.50 per quarter; Exceeding $22,000.00, but not $23,000.00, $14.00 per quarter; Exceeding $23,000.00, but not $24,000.00, $14.50 per quarter; Exceeding $24,000.00, but not $25,000.00, $15.00 per quarter; Exceeding $25,000.00, but not $26,000.00, $15.50 per quarter; Exceeding $26,000.00, but not $27,000.00, $16.00 per quarter; Exceeding $27,000.00, but not $28,000.00, $16.50 per quarter; Exceeding $28,000.00, but not $29,000.00, $17.00 per quarter; Exceeding $29,000.00, but not $30,000.00, $17.50 per quarter; Exceeding $30,000.00, but not $31,000.00, $18.00 per quarter; Exceeding $31,000.00, but not $32,000.00, $18.50 per quarter; Exceeding $31,000.00, but not $33,000.00, $19.00 per quarter; 14. t ,'~ '( ) ........ ...."" / S-b Exceeding $33,000.00, but not $34,000.00, $19.50 per quarter; Exceeding $34,000.00, but not $35,000.00, $20.00 per quarter; Exceeding $35,000.00, but not $36,000.00, $20.50 per quar ter; Exceeding $36,000.00, but not $37,000.00, $21.00 per quarter; Exceeding $37,000.00, but not $38,000.00, $21.50 per quarter; Exceeding $38,000.00, but not $39,000.00, $22.00 per quarter; Exceed1Dg $39,000.00'1 t>ut.flot=~$40,.OOO\.66, $22.50 per quarter; ExC'eedlng $40,000.00, $25.00 per quarter. Provided, however, that in the' event any new business shall be started in the City of Gilroy, and the License Collector is unable to obtain, and such business is unable to furnish, a statement showing the gross receipts of said business, then, and in such event, the License Collector shall collect the sum of $2.50 each and every month ." ':80 ,/ during the time said business isioperated, until such time as the gross receipts of said business may be determined pursuant to the terms hereof. SECTION 22. For each of the following businesses, trades, pro- fessions, or callings, conducted at a fixed place of business in the City of Gilroy, the license tax shall be as follows: 1. AMUSEMENT CONCESSION. For the business of conducting an amusement concession, when not connected with any Fair or Carnival, for each Merry-Go-Round, Ferris Wheel, Scenic Railway, Shoot-the- Chute, Dodgtem, Swing, any mechanical device for carrying passengers, ball throwing, fortune or wheel game, shooting gal:le ry, Keeno, Lotto, or other similar games, each $6.00 per day. 2. AMUSEMENT DEVICES. Each owner of my device used for amuse- ment, pa~time, or entertainment, shall pay $40.00 per year, in advance, for each and every device operated by such owner. The licen8e fee shall in no way license nor permit the operation of a machine or game which is unlawful under the state law or local ordinances, nor license nor permit the operation of a lawful machine or game in an unlawful manner, nor perm! t the operation of any machine or game in which the element of chance predominates. No license issued for any machine or game shall be transferable, and no such license shall be valid, except for the identical game or machine for which the same was issued. 15. v , ";j:~' /S7 3. APARTMENT HOUSES, AUTO COURTS, MOTELS, MOTOR COURTS, AND GROUP RESIDENCES. For the business of conducting an Apartment House, Auto Court, Motel, Motor Court, or Group Residence, $12.00 per year; and an additional $2.00 per year, for each apartment, or room available for rental purposes. 4. AUCTIONEER. Autioneer of real or personal property, $50.00 for the first day, and $25.00 for each day thereafter. 5. AUTO WRECKING AND JUNK YARD. For the business of wrecking automobiles, and conducting a junk yard,t25.00 per year. 6. BANKRUPT, SALES, ETC. It shall be unlawful for any person to advertise or conduct any sale of goods, wares, merchandise or stock /~.. in trade, at retail, that is represented as a Bankrupt, Insolvent, ~ssig- nees, Adjusters, Trustees, Executors, Administrators, Receivers, Whole- salers, Jobbers, Manufacturers, Closing Out, Liquidations, Closing Stock, Fire, or Water Damage Sale, or any other sale which is by representation or advertisement intended to lead the public to believe that the person conducting such sale is selling out or closing out the goods, wares, merchandise or stock in trade, of any business for less than the current or going retail price thereof in the City of Gilroy, without first filing with the City Clerk the inventory herein- after provided for and obtaining from him a license so to do, to be known as a "closing out sale license". The fee for such license shall be, and the same is hereby fixed as $100.00 per day. The inventory required by the next preceding paragraph shall con- tain a complete and accurate list of the stock of goods, wares and merchandise or stock in trade, to be sold at any sale for which a license is hereby required, together with the wholesale price thereof, Which inventory or list shall be signed by the person seeking the license, or by a resident agent thereunto authorized, and by affidavit at the foot thereof he or such agent shall swear or affirm that the in- formation therein given is full and true and known by him or such agent to be so. 16. .... r' I .' -.., . 'c.~' It shall be unla~ul to sell, offer or expose for sale, at any such sale, or to list on such inventory, any goods, wares, merchandise or stock in trade, which are not the regular stock of the store or other place, the business of which is to be closed out by such sale, or to make any replenishments or additions to such stock for the purpose of such sale, or during the time thereof, or to fail, neglect, or refuse to keep accurate records of the articles or things sold, from which , records the City Clerk may ascertain the kind and quantity or number sold. The City Clerk may in his discretion verify the details of an inventory filed for the purpose of obtaining a "Closing Out Sale Li~ense", or he may make a check and verify the items of goods, wares, merchandise or stock in trade, sold during the sale, and it shall be unlawful for any person to whom a "Closing Out Sale License" has been issued to fail or refuse to give the City Clerk or any person designted by him for that purpose 811 the facts connected with the stock on hand or the proper information of goods, wares, merchandise, or stock in trade, sold, or any other information that he may require in order to make a thorough investigation of all phases connected with the sale. The provisions of the next preceding four paragraphs shall not be applicable to trustees in bankruptcy, executors, administrators, or receivers, or public officers, acting under judicial process. 7. BARBER SHOP. For the business of conducting a barber shop, per chair, $2.50 per quarter. 8. BEAUTY PARLOR. For the business of conducting a beauty parlor, or manicure parlor, including the sale of articles and supplies incident to such business, $25.00 per year. 9. BICYCLE AND MOTORCYCLE SALES AND SERVICE. For the business of conducting a bicycle and motorcycle sales and service business, $2.50 per quarter. 10. BIIJ..IARDS, POOL, AND BAGATELLE. For the business of conducting billiard, pool or bagatelle halls, where no merchandise is sold, $2.50 per quarter, per table. For the business of conducting billiard, pool or bagatelle halls, 17. ~-:-;"~":1f:-~.~~ ~' . with the sale 01 merctmhdise in conjunction therewith, $':1..-,.",00 per -4\ 4m:b.oo ~ /~'1 year. No license fori the conducting of any public pool hall or bagatelle hall, shall be issued by the License Collector without the approval of the City Marshall, who may decline to approve the issuance of any license for any such purpose whenever after investigation of the matter of the application he shall determine that the applicant for such license is not of good moral character, or that the issuance of such license would be detrimental to public morals or public welfare. 11. BLACKSMITIt, MACHINE AND WELDING SHOPS. For the business of conducting a blacksmith, machine or welding shop, $25.00 per year. 12. BOWLING ALLEY. For the business of conducting a bowling alley -duck pins or regular - $2.50 per quarter, per alley. 13. BOXING AND WRESTLING. For the business of conducting boxing or wrestling matches, where admission is charged, $25.00 per day. 14. CARD ROOMS. For the business of conducting a card room, ,$100.00 per year, for one table, and $50.00 per year for each additional table. This license shall be issued only for the game known as "California Draw Poker." No license for the conducting of any card room shall be issued by the License Collector without the approval of the City Marshall, who may decline to approve the issuance of any license for any such purpose whenever after investigation of the matter of the application he shall determine that the applicant for such license is not of good moral character, or that the issuance of such license would be detrimental to public morals or public welfare. 15. CARNIVALS AND FAIRS. For the business of conducting a carnival or fair, including all manner of ShOWB, exhibitions and entertainments, together with sales stands, or eating stands or places, and the peddling of novelties or notions, and all other activities incident to a carnival or fair, $200.00 for the first day, and $100.00 for each day thereafter. Before any such carnival or fair license is granted, written application therefor must be made to the Common Council of the City of Gilroy, on 18. .. /~CJ blanks properly filled out and sworn to, to be procured from the License Collector and filed with the City Clerk. All such applications for such carnival or fair licenses must be filed at least fifteen (15) days before such festival occasion. The Common Council shall have the right to refuse to grant such license if it shall determine that the grant- ing thereof will be contrary to the preservation of the public peace, safety or welfare, or will be unduly detrimental to the person or property of others. If such license is granted, the Common Council of the City of Gilroy shall have the right to direct and require what shows, exhibi- bions or entertainments or activities are proper, or may be permitted, and said Common Council shall have the right to impose such reasonable restrictions or limitations therein as it may determine shall be necessary to the preservation of the public peace, safety or welfare, or which will tend to protect the life and the property of others, and its actions in the premises shall be final and concl'tsive. In the event that any person to whom such license is granted shall violate or fail to perform any of the restrictions, limitations, terms or conditions of any license granted hereunder, the Common Council shall have the right to revoke such license, and its actions in the premises shall be final and con- clusive. 16. CIGARETTE VENDING MACHINES, ETC. Each owner of any type of vending machine shall pay $5.00 per year, in advance, for each and every type machine operated by such owner. 17. CIRCUS, MmAGERIE, AND WILD WEST SHOWS. For the business of conducting a circus, menagerie, or Wild West show, or any like exhibition under or enclosed by canvas, $125.00 for ~h day. 18. CLEANERS. For the purpose of conducting a cleaning and dyeing works with no fixed place of business, $18.00 per ~arter. 19. CONTRACTORS AND SUB-CONTRACTORS. For the business of contract- ing or subcontracting to construct, grade, pave or lay streets, side- walks, drains or .ewe~s, or for the business of contracting for 19. or sub-contra\_. .Lng f,-, plumbing, painting, roof'h..~',' til:. . ~ plastering, /(, I carpentering, papering, electrical work, or construction work, $25.00 per quarter. 20. DANCES. For the business of conducting a place for dancing, excepting a dancing school or dancing academy, where an admiadon price thereto is charged, or where a charge is made thereat f'or each dance, or where any charge is made for dancing, or where a collection is taken therefor, or where any contribution, voluntary or otherwise, is made there- for, the license tax shall be $5.00 per day, payable in advance. The provision of this paragraph requiring the payment of a license shall not be construed to require the payment of any such license. by any religious, charitable, social or educational organization, societies, lodges, clubs or corporations, which do not contemplate the distribution of gains, profits or dividends to any of the members thereo~, and who do not regularly carryon the business of conducting a place for dancing and who have first obtained from the Common Council of the City of Gilroy, a permit to conduct any dance or dances in said city, and wheuever such permit is granted, the permittee shall be entitled to charge an admission price, as provided in such permit. 21. FISH PEDDLER. For the business of peddling fish, with no fixed place of business, $5.00 per quarter. 22. FORTUNE TELLING, ETC. For the business of fortune telling, including Astrology, Palmistry, Phrenology, Life Reading, Clairvoyance, and any other types in this category, $100.00 per day, in advance. 23. EDBL. OILS, ETC. For the business of selling crude oils, petroleum, naptha, kerosene, or similar oils, (excepting refined oile and gasoline). $25.00 per year. 24. GAS STATION AND SERVICE. For the business of conducting a ol1.ne t service station at which gas~ oil, and all and every type of merchandise is sold, $25.00 per year. .'. '1 20. - 25. GASOLINE, E'l'C';w - WHOLESALE. For the busliless ot'~iSelling gas- oline and refined oils, at wholesale, $25.00 per year, whether delivery is made by truck, tank-wagon, or otherwise. )t..2. 26. GRINDERS AND SHARPENERS. For the purpose of grinding and sharpening scissors, knives, lawn-mowers, and other arti~les, travelling from place to place by vehicle, $6.00 pe~ year; or if travelling by foot, $3.00 per year. 27. HOTELS AND INNS. For the purpose of conducti.ng a hotel or inn, the license tax shall be $25.00 per year, and an additional $1.00 per year for each room available for rental purposes. 2S. ICE CREAM. For the business of selling ice cream without a fixed place of business, $5.00 per quarter. For the business of selling ice cream, $2.50 per quarter. a:l. INSURANCE BROKER. For the business of selling or dealing in insurance, as an agent or broker, $25.00 per year. 30. JOB PRINTER. For the purpose of conducting a job printing shop, $40.00 per year. 31. JUKE BOXES AND MUSIC MACHINES. Each owner of 811 juke box, or music machine, shall pay $5.00 per quarter, in advance, for each and every juke box or music machine operated by such owner. 32. LAUlfDRY. For the collection and delivery of laundry with no fixed place of business, $lS.OO per quarter. 33. LODGING AND BOARDING. Lodging or boarding, where an average of more than four guests are lodged or boarded, $10.00 per year, and an additional $1.00 per year for each room available for rental purposes~ 34. LUNCH COUNTER. For the business of conducting a lunch counter (an eating establishmant not equipped with tables), $15.00 per year. 35. MILK DELIVERY. For the business of conducting a milk delivery route from house to house, $25.00 per" year. 36. MORTICIAN. For the business of practicing the profession of 21. ;t) "~;",. ~ mortician, $40.00 per year. '~.~ 37. MOTION PICTURES. For the showing of motion pictures, when an admission charge is made, $5.00 for the first day, and $3.00 per day for each consecutive day thereafter. 38. MOTOR TRANSPORTATION AND DISTRIBUTION OF MERCHANDISE. Every person, firm or corporation operating any motor vehicle in the City of Gilroy for the purpose of transporting or distributing in the City of Gilroy any kind of goods, wares, or merchandise, including bread, cakes, pies, pastry, and any and all kinds of manufactured bakery products, cured meat and any and all kinds of slaughter house products, groceries, soft drinks, designated for beverage purposes, candy, lumber, lime, cement, building material of any and every kind, and merchandise of any and every description, shall pay a license fee of $32.00 per year, in advance, for each such vehicle, provided, however, that this shall not apply to persons, firms, or corporations having a fixed place of business in the City of Gilroy, who pay a regular merchandise license for conducting a business in the City of Gilroy. 39. PAWNBROKER. For the business of a pawnbroker, $100.00 per year, in advance. 40. PEDDLERS. For the business of peddling, as in this ordinance defined, of any and all types of goods, wares, and merchandise, $100.00 per year. 41. PHOTOGRAPHERS. For the business of a photographer, with no fixed place of business, .20.00 per ~uarter. For the business of a photographer, $25.00 per year. 42. PIN BALL N.ACHINES. Each owner of any pin ball machine shall pay tD.OO per quarter, in advance, for each and every pm ball machine operated by such owner. 43. PROFESSIONS. For the business of practicing any profession, including, adjuster, architect, attorney-at-law, auditor or accountant, assayer, bacteriologist, bond bail. broker, chemist or chemical laboratory, Chiropodist, chiropractor, civil engineer, dental laboratory, dentist, 22. /~Lj doctor, elect~cal ertg2neer, geologist, herbs, h~raulib ~~ mining engineer, insurance adjustor, laboratory, masseuse, mechanical engineer, medical laboratory, mid-wife, naturopractor, oculist, optician, optome- trist, osteopath, physician, posture correction, struct~al engineer, surgeon, surveyor, veterinarian, $25.00 per year~ in advance, for each individual engaged in such business, and/or practicing of such profession. . 44. REAL ESTATE BROKER. For the business of selling or dealing in real estate, as an agent or broker, $25.00 per year. 45. RESTAURANTS. For the business of conducting a restaurant (an eating establishment equipped with tables), $25.00 per year. 46. SHOOTING GALLERY. For the business of conducting a shooting gallery, $6.00 per day. 47. SIC~ BOARDS. Every person, firm, or corporation engaged in the business or occupation of bill posting and outdoor advertising or maintaining bill boards for such business in the City of Gilroy shall pay a license of $15.00 per quarter. 48. SIGN PAINTER. For the business of sign painter, with no fixed place of business, $50.00 per year. For the business of sign painter, '5.00 per quarter. 49. SHOWS, ETC., NOT OTHERWISE SPECIFICALLY LICENSED. For the business of conducting any stage show, or other show, or exhibition, not otherwise in this ordinance specifically licensed, $5.00 for the first day, and $3,00 per day, for each consecutive day thereafter. 50. SKATING RINK. For the business of conducting a skating rink, $10.00 per quarter. 51. SOLICITING. For the business of soliciting, as in this ordinance defined, $ 25.00 per year. For every other business, trade, profession, or calling, engaged in by any person, outside of those conducting regular places of business, and except as in this ordinance otherwise expressly provided, the license tax shall be . 25.00 per year. 23. /~s- I 4""' 52." TAIL~ _~' Fot~he business of tailoring, ,....A:.OO I quarter. 53. TAKING ORDERS FOR CLOTHING. For the business of taking orders for clothing, with no fixed place of business, $20.00 per day. 54. TAXICAB BUSINESS. Each owner of any taxicab shall pay .1~OO per quarter, in advance, for each and every taxicab operated by such owner. 55. TOWEL AND LINEN SERVICE. For the business of conducting a towel and linen service, with no fixed place of business, . 25.00 'per 1'e ar. 56. TRUCKING AND DRAYAGE. For the business of running or operating any motor dtiven vehicle for transportation for hire of freight or merchandise, other than wholesale freight or merchandise, . 25.00 per 1'e ar. 57. VEGETABLE TRUCKS. Fer the business of selling vegetables at retail from a motor driven vehicle, or other vehicle, $40.00 per year. SECTION 23. For every person, firm, or corporation, outside of those conducting a regular place of business, conducting, managing, or carrying on, the bus'loess of running, driVing, or operating, any automobile, automobile truck, automobile tank wagon, or my other vehicle, used for the transportation, selling, collection or delivery, of goods, wares, merchandise, or other personal property of any kind, at retail, from a vehicle, either as his or its principal place of business, or in connection with any other butness, or of soliciting for work, labor or services, to be performed upon the public streets, in or from a vehicle, or to be performed on goods, .wares, merchandise, towels, laundry, or other personal property, to be taken for such purpose to a plant, laundry, or establishment, inside or outside of the city limits of the City of Gilroy, $25.00 per year, in advance, per vehicle so used in said business in the City of Gilroy, except when a different license tax is specially provided by any other section of this ordinance. 24. / t.(,;, "' \ . SECTION 24~ For ~rl"ery person, firm, or corpO!:.'Jlation,\~tside of those conducting regular places of business, conducting, managing, or carrying on, the business of running, driving o~ operating, any auto- mobile, truck, automobile tank wagon, or any other vehicle used for the transportation, selling or delivering of goods, wares, merchandise or other personal property of any kind, at wholesale from a vehicle, either as his or its principal place of business, or in connection with any other business, $25.00 per ye~r, in advance, per vehicle, so used in said business in the City of Gilroy, except when a different license tax is specially provided by any other section of thIs ordinance. Each vehicle so used in said business in the City of Gilroy shall be separa~y licensed, and the License collector shall provide a separate wind- shield stamp or sticker for each such vehicle, which stamp or sticker shall identify by number or other description the vehicle for which the same is issued. Each vehicle so used in said business shall at all times have said wind-shield stamp or st~cker displayed on the windshield of such vehicle while such vehicle is being used for business purposes in the City of Gilroy. Any other vehicle may be substituted for the vehicle licensed at any time upon application to the City License Collector, provided that a substitute wind-shield stamp or sticker shall be issued for such substituted vehicle, showing the number or other identification of the substituted vehicle and the number or other identi- fication of the vehicle for which the same was substituted. Such substitute stamp or sticker shall at all times be displ~ed on the windshield of the substituted vehicle while the same is being used for business in the City of Gilroy. SECTION 25. If any section, subsection, sentence, dause, or phrase of this ordinance, is, for any reason held to be invalid or unconstitu- tional, such decision shall not affect the validity of the remaining portions of this ordinance. The Common Council of the City of Gilroy hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective, of the fact that anyone or more other sections, subsections, sentences, clauses or phrases, "be declared invalid or unconstitutional. SECTION 26. MISDEMEANOR. Any person, firm, association or cor- 25. . . k;'~~;~l,\: .:~,:~: '. i .~! : "~t~'r~:~:~iJ~~.FJ::J!.JJJ~.;.~f... ;.....itt.~.. ;S~.~;.t.'~i~.:t1~.:' pora~'drt,~'V,1:~a.t1ngt:M,.,':..~'.';~e':!1>jc\-1'~:'~ft'$.Q.~~~~;:.~~a~~~~; ~:.B.~'l3:li~ . J {, 7 deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $100.00, or by imprisonment in the City or County jail for a period of not more than thirty (30) days, or by both such fine and imprisonment. Each day or fraction thereof any person, firm, association, or corporation shall violate any of the provisions hereof shall be considered separate and distinct offenses. SECTION 27. Ordinances numbered 183, 185, 187, 200, 204, 207, 222, 224, 230, 231, 233, 239, 247, 266, 274, 285, 286, 297, 298, 315, 334, 339, 340a, Sec. 12 of Ord. No. 344, 351, 362, 368, 373, 373a, 374, 377, 386, 389, 395, 399, 400, 40la, 442, and any and all ordinances or parts of ordinances, in so far as they conflict with this ordinance are hereby repealed. SECTION 28. This ordinance shall take effect and be in force on July 1, 1947. SECTION 29. The Cle rk of the City of Gilroy is hereby directed to cause this ordinance to be published by one insertion in the Gilroy Evening Dispatch, a daily newsp~er of general circulation, printed, published and circulated in the City of Gilroy, and hereby designated for that purpose. ADOPTED AND PASSED this 26th day of May , A.D., 1947, by the following vote. AYES: Councilmen George M.Mason,Nat Heiner,J.H.WentworthtJames B.Thomas. NOES: Councilmen None ABSENT: 80unc ilmen George A.Mart1ntRay L.Stev~. ~7@ Approved: Mayot': ~, Attest: d..(A.(Qo/ City Clerk 26.