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Ordinance 477 4\ 411 . ---------~ ~ ~,i r, : ) "'\.. .:. '-Is- ORDINANCE NO. 477 - 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 ... .. ... _...-..::.-...________ _.~.-"-_,. _____.1. .~_" .~". .--.- ~,::\' (/', ~j , ./'-^ . v{/ ""....' ~::: '-/ (p , "",-",. 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: ~a~o ~ r Attest: Qh\.~ C y r -2-