Ordinance 646ORDINANCE NO. 646
AN ORDINANCE OF THE COUNCIL OF THE CITY OF GIL.ROY L1CIPIS1MG THE TRANSACTION AND CART
RYING ON OF CERTAIN BUSINESSES ,TRAGES,PROFESSIONS,CALLiNG - AND OCCUPATIONS IN THE
CITY OF GILROY,FOR THE PURPOSE OF RAISING MUNICIPAL REVENUE AiND PROVIDING A PENALTY
FOR THE VIOLATION THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GILROY AS FOLLOWS:
SECTION 1. DEFINITIONS: Unless it is apparent from the context that another mean-
ing is intended, the following words when used herein shall have the meaning attach�;c
to them by this section:
(a) BUSINESS: As used in this ordinance, "business" means professions,trades,
and occupations and all and every kind of calling carriad on for profit or livelihoo-
(b) FIXED PLACE OF BUSINESS :The term, "fixed place of business" for the purpose
of this ordinance is hereby defined to be the premises within the City of Gilroy
�vhere a business is continuously conducted from day to day and regularly kept open
for the purposes of said business,and is intended to and shall include apartment
houses, auto courts,hotels,inns,motels,motor courts,group residences,and trailer
parks. The term, "regular place of business" for the purpose of 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 "regular place of
business', as said terms are herein defined, is, for the purposes of this ordinance,
termed a "transient business ", whether the person conducting such transient busi-
ness 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 "regu-
lar 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 there-
for. In the issuance of "transient licenses" and licenses for "fixed places of busi-
ness", or "regular places of business" no discrimination or distinction shall ever
be made against non - residents of the City of Gilroy, in favor of residents 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 issuances of licenses.
(SECTION 1) ��
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 shaii be issued for any place of busi-
ness unless the zoning laws of Gilroy permit or allow such business to be conduct-
ed 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 pur-
pose of this ordinance, ever be construed to be a "rixec place of business" or a
"regular place of business" for any business other than of such hotel, inn, roorr-
€ng 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 conducting a transient business, and shall be required to procure a proper
"transient license" therefor.
(c) GROSS RECEIPTS: A; used in this ordinance, "gross receipts" shall
mean the total amount of the sale price of all sates 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 de-
duction 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. Exc' =uded from "gross 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 of property returned by purchasers upon recission of the con-
tract of sale as is refunded either in cash or by credit.
(d) PEDDLER: Whenever the word, "peddler" shall appear in this ordin-
ance it shall be construed to mean any hawker, vendor, or other person 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 im-
mediate delivery, any goods, wares, merchandise, or anything of value, in the
possession of the peddler, to persons other than manufacturers, wholesalers,
jobbers, or retailers in such commodities.
(e) PERSON: As used in this ordinance, "person" means all domestic
and foreign corporations, associations, syndicates, joint stock corporations,
partnerships of every kind, clubs, Massachusetts, business, or common law trusts,
(SECTION i) -2-
societies, and individuals transacting and carrying on any business in the City
of Gilroy.
(f) RETAIL BUSINESS: For the purpose of this ordinance, the term "re-
tail business" is defined to be every business conducted for the purpose of sel-
ling or offering to sell, any goods, wares, or merchandise, other than as a part
of a "wholesale business" as defined in Section I (h).
(g) SOLICITOR: The word, "solicitor" shall be deemed to mean and in-
clude every agent, canvasser or other person who travels from place to place, or
house to house, and solicits or takes orders from, or canvasses for, or makes de-
monstrations 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, en-
terprise or project, for the purpose of interesting such person in investment
therein; provided, however, that this definition shall not include persons enga-
ging 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.
(h) WHOLESALE BUSINESS: For the purpose of this ordinance the term
"wholesale business" is defined to be every business conducted solely for the pur-
pose of selling goods, wares or merchandise in wholesale lots to retail merchants
for resale at retail to the trade by said retail merchants in the same form or
condition as the same were in at the time of the sale thereof to said retail mer-
chant. The sale of meat, meat products, or any goods, wares, or merchandise, to
restaurants, hotels, cafes, eating houses, confectionery stores, or other stores,
or other places of business for the purpose of resale as a part of any lunch,
meai,or beverage, shall, for the purpose of this ordinance, be deemed and cons-
trued 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 en-
gaging 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 lunch,
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.
-3-
(SECTION 1)
SECTION 2. LICENSE REQUIRED: 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 carry on any kind of
lawful business, trade, calling,profession, or occupation in the City of Gilroy,
without first having procured a license from said City so to do, or without com-
plying 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 or-
dinance, shall be deemed a separate violation of this ordinance for each and
every day that such business, trade, calling, profession, or occupation is carried
on.
SECTION 4. SEPARATE LICENSES: A separate license must be obtained for each
branch, establishment, or location of the 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 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 places of 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 here-
under, 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 Chief of Police, the name, place of business, and character of business, of
all persons to whom any business license is issued for the first time, together
with the name of said place of business.
-4-
(SECTIONS 2, 3, 4, S)
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 named to carry on 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 exhibition while in force in some conspicuous part
of said 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 same, when applying for a renewal thereof,
and whenever requested to do so by any police officer, or by any officer author-
ized 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 subject 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 vio-
lation of the provisions of this ordinance.
SECTION 10. LICENSE FEE -- WEN PAYABLE: All license fees shall be paid in ad-
vance 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 City Council may subsequently
designate by resolution or ordinance.
(a) ANNUAL LICENSES: The license year shall be the fiscal year com-
mencing on the first day of July and ending at midnight on the 30th day of June,
next succeeding. The 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
-5-
(SECTIONS 6, 7, 8, 9, 10)
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; provided, that any per-
son commencing any business after January ist of any fiscal year, and for which
business an annual license fee is herein provided, shall be required to pay only
one -half of the full annual rate for the balance of such fiscal year.
(b) 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, February, 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 constitute a debt due and
owing, to the City of Gilroy on the first days of July and January of each fiscal
year. Any person doing business for only a portion of a semi - annual period, and
for which business a semi - annual license fee is herein provided, shall be required
to pay the full semi - annual rate.
(c) QUARTERLY LICENSES: For the purpose of issuing the quarterly 1i-
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 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 hereby provided, shall be required to pay the
full quarterly rate.
(d) MONTHLY LICENSES: The monthly 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 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 full monthly rate.
(e) DAILY LICENSES: The daily licenses in this ordinance provided
shall be due and payable to the City each day in advance.
-6-
(SECTION 10)
(f) PENALTY: If any license provided by this ordinance shall remain
unpaid for more than 30 days after the same is due, a penalty of 25 %, shall there-
upon at the expiration of said 30 days attach to the amount of said license and
be added to the same and collected by the officer or employee of the City having
charge of the collection of licenses. An additional penalty of 10% shall attach
to and be added for each additional 30 days, or fraction thereof, from and after
the expiration of said first 30 -day period during which said license remains
unpaid.
SECTION 11. EXEMPT -WHAT PERSONS ARE:
(a) CHARITIES, ETC.: The provisions of this ordinance shall not be
deemed or construed to require the payment of a license to conduct, manage, or
carry on any business, occupation, or activity, or require the payment of any
license from any institution or organization which is conducted, managed, or
carried on wholly for the benefit of charitable purposes or from which profit is
not derived, either directly or indirectly, by any individual, firm, or corpora-
tion; nor shall any license be required for the conducting of any entertainment,
dance, concert, exhibition, or lecture on scientific, historical, literary, re-
ligious, or moral subjects, whenever the entire receipts from the same are to be
appropriated to any church or school, or to any religious or benevolent purpose;
nor shall any license be required for the conducting of any entertainment, dance,
concert, exhibition, or lecture, whenever the receipts from the same are to ap-
propriated for the purposes and objects for which such association or organiza-
tion was formed and from which profit is not derived, either directly or indirec-
tly, by any individual, firm, or corporation; provided, however, that nothing in
this section contained shall be deemed to exempt any such institution or organiza-
tion from complying with the provisions of this ordinance requiring such institu-
tion or organization to obtain a permit from the City Council, or proper officer,
to conduct, manage, or carry on any profession, trade, calling or occupation.
(b) INTERSTATE COMMERCE: None of the license fees provided for by
this ordinance shall be so applied as to occasion an undue burden upon inter-
state commerce. In any case where a license fee is believed by a licensee or
applicant for license to place an undue burden upon such commerce, he may apply
to the City License Collector for an adjustment of the fee so that it shall not
be discriminatory, unreasonable, or unfair as to such commerce. Such applica-
tion 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
(SECTIONS 10, 11)
his method of business and the gross volume or estimated 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 appli-
cant'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 un-
fair, unreasonable or discriminatory as to applicant's business and shall fix as
the license fee for the applicant, an amount that is fair, reasonable and non-
discriminatory, 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 sales, or any other method which will assure that the fee assessed 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 of 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 Gilroy or at the end of each
three month period, a sworn statement of the gross sales and pay the amount of
fee therefor, provided that no additional fee during any one calendar year shall
be required after the licensee shall have paid an amount equal to the annual
license as prescribed in this section of this ordinance. Any person aggrieved
by the action of the City License Collector in the assessing of the fee as pro-
vided in this section of this ordinance shall have the right of appeal to the
City Council of the City of Gilroy. Such appeal shall be taken by filing with
the City Council, within fourteen (14) days after notice of the action complained
of has been mailed to such person's last known address, a written statement set-
ting forth fully the grounds for the appeal. The City Council shall set a time
and place for a hearing on such appeal and notice 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 Council on such appeal shall be final and conclusive.
(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 spiritous, vinous, malt or alcoholic liquors)
in the City of Gilroy, without paying a license tax or obtaining a license
-8-
(SECTION 11)
therefor, under a permit for that purpose issued by the License Collector; and the
City Collector shall issue such permit to any person making satisfactory proof that
he is entitled thereto under the provisions thereof; provided no such permit shall
be issued until the applicant complies with the regulations for soliciting as set
forth in Ordinance No.647 , or amendments thereto.
(d) FARMERS, POULTRY MEN: The provisions of this ordinance shall not be
deemed to include or apply to farmers, poultry men, or horticulturalists, who may
sell exclusively their own produce. This exemption shall not apply to nurseries
or other commercial establishments which buy goods for resale as well as selling
their own goods.
(e) COUNCIL DISCRETION: In all cases of doubt as to 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 applications for exemption in such cases shall
be referred to the City Council, which 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 -- HOd ASCERTAINED: On the first day of April,
July, October, and January of each year, every person, firm, or corporation, re-
quired to pay a general business license tax as provided by Section 21 of this
ordinance shall file with the License Collector a verified affidavit in writing,
showing the gross monthly receipts of the business of such person, firm, or corp-
oration, 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 corp-
oration, such affidavit must be sworn to and filed by its president, vice- president,
secretary, assistant 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 person, firm, or corpora-
tion, 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 affidavit as in
this ordinance provided, shall fail, neglect, or refuse, to file any such affidavit
with said License Collector within thirty (30) days after the same is required to
be filed as herein provided, or shall fail or refuse to permit said License Col-
lector, or any Deputy License Collector, to examine the books and accounts of
-9-
(SECTIONS 11, 12)
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 $100.00 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 provisions 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 affida-
vits that the contents thereof may not become known except to the person charged
by law with the administration 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 indicated thereon the amount of
the license tax paid, when the amount thereof is established by the amount of
gross monthly receipts.
SECTION 13. LICENSE 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 corporation 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 carry on any such business or game or exhibit any
such show or exhibition.
SECTION 14. LICENSES TO BE SIGNED BY MAYOR, ETC. Ail licenses issued under the
provisions of this ordinance shall be signed by the Mayor t countersigned by the
City Clerk. The City Clerk shall cause to be printed and keep constantly on hand
as many 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 coun-
tersigned 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 Clerk
for all such licenses delivered to him during the preceeding 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
-10-
(SECTION 13, 13, 14, 15)
book designated "License Record,' in which shall be entered the names of all per-
sons 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 car-
ried on, and the name of said business.
SECTION 16. REPORT BY LICENSE COLLECTOR TO CITY 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 urdinance; and shall on the first Monday in each month (except the first Mon-
day in each quarter), make a report in writing to the City 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. POLICEMEN EX- OFFICIO LICENSE INSPECTORS: 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 require 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 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 show or exhibition without having
the license therefor required by law. Any policeman wilfully failing or neglect-
ing to make such reports shall be punished with fine, suspension or dismissal from
the force.
SECTION i8. CITY ATTORNEY TO BRING SUITS FOR DELINQUENT LICENSE FEES: Against
any person who engages in, conducts or carries on, any business or game, or ex-
hibits 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 City Council may at any time direct the City Attorney to bring suit in
(SECTIONS 15, 16, 17, 18, ig)
0
the name of the City of Gilroy for the recovery of such license tax. In such ac-
tions 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 Gil-
roy, 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 affida-
vit 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 en-
gaged in such business in the City of Gilroy as follows, to wit:
SECTION 21. GENERAL BUSINESS LICENSE: Every person, firm, or corporation, con-
ducting, 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, for revenue purposes only unless otherwise specified, the
amount of which shall be fixed and regulated as to the amount of the gross quarter-
ly receipts of such business, trade, profession, or calling, as follows, to wit:
Where the gross quarterly receipts do not exceed $2,000.00, the license
tax shall be $3.00 per quarter;
Where the gross quarterly receipts exceed $2,000.00 but not $3,000.00 the
license tax shall be $4.00 per quarter;
Where the gross quarterly receipts exceed $3,000.00 per quarter, an addi-
tional license tax shall be paid at the rate of $.50 per quarter for each $1,000.00
or fraction thereof, by which such gross quarterly receipts exceed $3,000.00 and
up to and including $45,000.00;
Where the gross quarterly receipts exceed $45,000.00 per quarter, an
additional license tax shall be paid at the rate of $.25 per quarter for each
$1,000.00, or fraction thereof, by which such gross quarterly receipts exceed
$45,000.00.
-12-
(SECTIONS 18, 19, 20, 21)
SECTION 22. For each of the following businesses, trades, professions, or callings,
conducted at a fixed place of business in the City of Gilroy, the license tax shall
be as follows:
1. ABSTRACT BUSINESS, ETC. Abstract and title, or title insurance,
business, $50.00 per year.
2. 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, Dodgem,
Swing, any mechanical device for carrying passengers, ball throwing,
fortune or wheel game, shooting gallery, Keeno, Lotto, or other
similar games, each $6.00 per day.
3. AMUSEMENT DEVICES. Each owner of any device used for amusement,
pastime, or entertainment shall pay $15.00 per year, in advance,
for each and every device operated by such owner. The license 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 permit the operation of any machine or game in
which the element of chances 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.
4. AUCTIONEER. Auctioneer of real or personal property, excepting live
stock, $50.00 for the first day, and $25.00 for each day thereafter.
Auctioneer of live stock, $7.00 per day.
5. AUTO WRECKING AND JUNK YARD. For the business of wrecking automo-
biles, and conducting a junk yard, $25.00 per year.
6. BANKRUPT, SALES, ETC. It shall be unlawful for any person to ad-
vertise or conduct any sale of goods, wares, merchandise or stock
in trade, at retail, that is represented as a Bankrupt, Insolvent,
Assignees, Adjusters, Trustees, Executors, Administrators, Receivers,
Wholesalers, 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
-13-
(SECTION 22, Par. 1 -6)
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
hereinafter 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 follows :for a period not exceeding 30 day:
$100.00,for a period not exceeding 60 days,$200.00,for a period not ex-
ceeding 90 days,$300.00,provided,that only one such license shall be is-
sued to any one person within a 12 month period,and no such license shall
be issued for less than 30 days nor more then 90 days.The inventory re-
quired by the next preceding paragraph shall contain a complete and ac-
curate 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 auth-
orized,and by affidavit at the foot thereof he or such agent shall swear
or affirm that the information therein given is full and true and known
by him or such agent to be so. It shall be unlawful to sell,offer or ex-
pose 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 num-
ber sold. The City Clerk may in his discretion verify the details of an
inventory filed for the purpose of obtaining a "Closing Out Sale License ",
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 per-
son to whom a "Closing Out Sale License" has been issued to fail or refuse
to give the City Clerk or any person designated by him for that purpose
all the facts connected with the stock on hand or the proper information
of goods,wares,merchandise,odstock in trade,soid,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
paragraphs shall not be applicable to trustees in bankruptcy,executors,
administrators,or receivers, or public officer,acting under judicial
process.
-14-
(SECTION 22, Par. 6)
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 inci-
dent to such business, $25.00 per year, and $3.00 per year for each
additional operator regularly employed.
9. BICYCLE AND MOTORCYCLE SALES AND SERVICE. For the business of con-
ducting a bicycle and motorcycle sales and service business, $2.50
per quarter.
10. BILLIARDS, POOL AND BAGATELLE. For the business of conducting bil-
liard, 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,
with the sale of merchandise in conjunction therewith, $40.00 per
year.
No license for the conducting of any pool hall or bagatelle hall,
shall be issued by the License Collector without the approval of
the Chief of Police and the Chief of Police shall not approve any
such license unless and until the application for the license
shall have been first submitted to the City Council and the grant-
ing of the license approved by said Council; the License Collector
shall investigate all applications for licenses in this subsection
provided for and submit a report and recommendation thereon to the
City Council which may make an independent investigation; no such
license shall be issued to any applicant who is not of good moral
character or where the issuance of the license would be detrimental
to public morals or the public welfare.
11. BLACKSMITH, MACHINE & WELDING SHOPS. For the business of conduct-
ing 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. BROKERAGE AND STOCK EXCHANGE. For the business of operating a
brokerage and stock exchange, 4,50.00 per year.
15. 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
-15-
(SECTION 22, Par. 7 - 15)
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 Chief of Police
and the Chief of Police shall not approve any such license unless
and until the application for the license shall have been first
submitted to the City Council and the granting of the license
approved by said Council; the License Collector shall investigate
all applications for licenses in this subsection provided for and
submit a report and recommendation thereon to the City Council
which may make an independent investigation; no such license shall
be issued to any applicant who is not of good moral character or
where the issuance of the license would be detrimental to public
morals or the public welfare.
16. CARNIVALS AND FAIRS. For the business of conducting a carnival or
fair, including all manner of shows, 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 City
Council of the City of Gilroy, on 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 festi-
val occasion. The City Council shall have the right to refuse to
grant such license if it shall determine that the granting 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 City Council of the
City of Gilroy shall have the right to direct and require what
shows, exhibitions or entertainments or activities are proper, or
may be permitted, and said City 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
-16-
(SECTION 22, Par. 15 - 16)
i
and property of others, and its actions in the premises shall be
final and conclusive. In the event that any person to whom such
license is granted shall violate or fail to perform any of the re-
strictions, limitations, terms or conditions of any license granted
hereunder, the City Council shall have the right to revoke such
license, and its actions in the premises shall be final and conclu-
sive.
17. CIRCUS, MENAGERIE, AND WILD WEST SHOWS. For the business of con-
ducting a circus, menagerie, or Wild West show, or any like exhibi-
tion under or enclosed by canvas, where the seating capacity of
the circus is less than three thousand persons, $125.00 for each
day; and where such seating capacity is more than three thousand
persons, $187.50 for each day.
18. CLEANERS. For the purpose of conducting a cleaning and dyeing
works with no fixed place of business, $18.00 per quarter.
19. COLLECTION AGENCY. For the business of operating or conducting a
collection agency or credit bureau, $50.00 per year.
20. CONTRACTORS AND SUBCONTRACTORS. For the business of contracting
or subcontracting to construct, grade, pave or lay streets, We-
walks, drains or sewers, or for the business of contracting for or
sub- contracting for plumbing, painting, roofing, tiling, plastering,
carpentering, papering, electrical work, or construction work,
$25.00 per quarter.
Before issuing any license pursuant to this paragraph, the appli-
cant shall exhibit to the License Collector evidence of issuance
to applicant of any State license required by the laws of the State
of California to be procured by applicant as a condition to his
right to engage in the business of contracting in California.
21. DANCES. For the business of conducting a place for dancing, excep-
ting a dancing school or dancing academy, where an admission price
thereto is charged, or where a charge is made thereat for each
dance, or where any charge is made for dancing, or where a collec-
tion is taken therefor, or where any contribution, voluntary or
otherwise, is made therefor, the license tax shall be $5.00 per
day, payable in advance.
The provisions of this paragraph requiring the payment of a license
-17-
(SECTION 22, Par. 16 - 21)
shall not be construed to require the payment of any sdch 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 mem-
bers thereof, and who do not regularly carry on the business of
conducting a place for dancing and who have first obtained from
the City Council of the City of Gilroy, a permit to conduct any
dance or dances in said city, and whenever such permit is granted,
the permittee shall be entitled to charge an admission price, as
provided in such permit.
22. DANCING SCHOOL. For the business of conducting a dancing school,
or dancing academy, where no fee is charged except for lessons or
instructions in dancing, $25.00 per year.
23. FISH PEDDLER. For the business of peddling fish, with no fixed
place of business, $5.00 per quarter.
24. FOOD AND /OR PROCESSING PLANTS. For the business of keeping or
conducting a food and /or processing plant, for the purpose of
packing, canning, preparing, or processing green, fresh, or dried
fruits or vegetables or other food products for shipment of, for
sale on commission, or otherwise, $50.00 per year.
25. FORTUNE TELLING, ETC. For the business of fortune telling, in-
cluding Astrology, Palmistry, Prenology, Life Reading, Clairvoy-
ance, and any other types in this category, $100.00 per day, in
advance.
26. FUEL OILS, ETC. For the business of selling crude oil, petroleum,
naptha, kerosene, or similar oils, (excepting refined oils and
gasoline), $25.00 per year.
27. GASOLINE, ETC. - WHOLESALE. For the business of selling gasoline
and refined oils, at wholesale, $25.00 per year, whether delivery
is made by truck, tank - wagon, or otherwise.
28. GRINDERS AND SHARPENERS. For the purpose of grinding and sharpen-
ing scissors, knives, lawn mowers, and other articles, traveling
from place to place by vehicle, $6.00 per year, or if traveling by
foot, $3.00 per year.
29• HOUSE MOVING. For every person, firm, or corporation engaged in
the business of moving a house or building upon, along, or across
the public streets of the City of Gilroy, the license tax shall
W2
(SECTION 22, Par. 21 - 29)
be $25.00 per quarter.
30. ICE CREAM. For the business of selling ice cream only, with no
fixed place of business, $5.00 per quarter.
For the business of selling ice cream only, with a fixed place of
business, $2.50 per quarter.
31. INTELLIGENCE AND EMPLOYMENT OFFICES. For the business of conduct-
ing an intelligence office or employment office, $25.00 per year.
32. JANITOR AND /OR GARDENER SERVICES: For the business of conduct-
ing janitor service, or gardener service, when two or more per-
sons whether as owners or employees, are directly engaged therein,
$25.00 per year.
33. JEWELRY, CLOTHING, OR SIMILAR CLUBS. For the business of conduct-
ing, managing, or carrying on a jewelry, clothing, cooking wear,
cosmetic, watch, or similar clubs, $50.00 per month.
34. JOB PRINTER. For the purpose of conducting a job printing shop,
$40.00 per year.
35. JUKE BOXES AND MUSIC MACHINES. Each owner of any 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.
36. LAUNDRY. For the collection and delivery of laundry with no
fixed place of business, $18.00 per quarter.
37. 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.
38. LUNCH WAGONS AND CATERERS. For the business of conducting a
lunch wagon or catering service with no fixed place of business,
$25.00 per year.
39. MANUFACTURING. Every person, firm, or corporation, c,--Aucting,man-
aging, or carrying on or engaged in the business of manufacturing
any goods, wares, or merchandise whether the product maybe raw
or partly finished into wares suitable for use, shall be required
to pay a license fee of $50.00 per year.
40. MILK DELIVERY. For the business of conducting a milk delivery
route from house to house, $25.00 per year.
41. MINIATURE GOLF, PRACTICE DRIVING COURSE, OR PUTTING GREEN. Every
person engaging in the business of conducting or managing a
-19-
(SECTION 22, Par. 29 - 41)
minature golf course, practice driving course, or putting green shall
pay a license tax of $50.00 per year.
42. 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.
43. 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,of slaug-
hter house products,groceries,soft drinks,designated for cured meat
and any and all kinds of 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.
44. NEWS AGENCY. For the business of conducting a news agency, $25.00 per yt
45. NEWSPAPER,DAILY. For the conducting of a daily newspaper business,$40.0(
per year.For the purpose of this paragraph,a newspaper is defined to
be such as has a regular paid subscription list (excepting papers prints
or issued by schools or colleges),a daily newspaper is defined to be a
paper issued five or mire times per week.
46. PATROL SERVICE. For the conducting and maintaining of a patrol service
or system,when two or more persons whether as owners,or employees, are
directly engaged therein, $25.00 per year. No license shall be issued
under this paragraph until the applicant complies with all regulations
for patrol service as set forth in Ordinance No.648 , or amendments thei
47. PAWNBROKER. For the business of a pawnbroker,$100.00 per year,in advanck
48. 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. No
license shall be issued under this paragraph until the applicant com-
plies with all regulations as set forth in Ordinance No.647 , or amend-
ments thereto.
-20-
(SECTION 22, Par. 41 - 48)
49. PEST CONTROL SERVICE. For the business of engaging in the
business of a pest control service, where the persons engaging
in such business are not required to have a contractor's license
and who are not engaged in work involving reconstruction.,
$25.00 per year.
50. PHOTOGRAPHERS. For the business of a photographer, with no
fixed place of business, $20.00 per quarter. No license shall
be issued under this section for photographers with no fixed
place of business until the applicant complies with all the
regulations for soliciting as set forth in Ordinance No-647 ,
or amendments thereto.
For the business of a photographer, $25.00 per year.
51. PIN BALL MACHINES. Each owner of any pin ball machine shall
Pay $15.00 per year, in advance, for each machine.
52. 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, doctor, electrical engineer, geolo-
gist, herbs, hydraulic or mining engineer, insurance adjustor,
laboratory, masseuse, mechanical engineer, medical laboratory,
mid -wife, naturopractor, oculist, optician, optometrist, osteo-
path, physician, posture correction, structural engineer, surgeon,
surveyor, veterinarian, $25.00 per year, in advance, for each
individual engaged in such business, and /or practicing of such
profession.
53. REAL ESTATE BROKER. For the business of selling or dealing in
real estate, as an agent or broker, $25.00 per year.
54. RIDING ACADEMY. For the business of conducting a riding academy,
$5.00 per quarter..
55. SHOOTING GALLERY. For the business of conducting a shooting
gallery, $6.00 per day.
56. SIGN 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 Gil-
roy shall pay a license of $15.00 per quarter.
-21-
(SECTION 22, Par. 49 - 56)
57. 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.
58. SHOWS, ETC., NOT OTHERWISE SPECIFICALLY LICENSED. For the busi-
ness 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.
59. SKATING RINK. For the business of conducting a skating rink,
$10.00 per quarter.
60. SOLICITING. For the business of soliciting, as in this ordin-
ance defined, $25.00 per year. No license shall be issued under
this section until the applicant complies with all of the regu-
lations for soliciting as set forth in Ordinance No. , or
amendments thereto.
61. STALLIONS, ETC. For the business of keeping a stallion or jack
for the purpose of propagation for hire, $25.00 per year.
62. TAILOR. For the business of tailoring, $4.00 per quarter.
63. TAXICAB BUSINESS. Each owner of any taxicab shall pay $15.00
per quarter, in advance, for each and every taxicab operated by
such owner.
64. TELEVISION AND /OR RADIO STUDIOS. For the conducting of a tele-
vision and /or radio studio, $40.00 per year.
65. TOWEL AND LINEN SERVICE. For the business of conducting a
towel and linen service, with no fixed place of busines, $25.00
per year.
66. TRADING STAMP AGENCY AND /OR DISTRIBUTOR. For the business of
selling trading stamps or acting as an agent in the distribution
thereof or issuing premiums for such stamps, $6.25 per quarter.
67. TRAVEL AGENCY. For the business of conducting a travel agency,
$25.00 per year.
68. TRUCKING AND DRAYAGE. For the business of running or operating
any motor driven vehicle for transportation for hire of freight
or merchandise, other than wholesale freight or merchandise,
$25.00 per year.
69. VENDING MACHINES - CIGARETTE, ETC. Each owner of any type of
-22-
(SECTION 22, Par. 57 - 69)
vending machine shall pay $5.00 per year in advance for each and
every type of machine operated by such owner, except that this
provision shall not apply to any self - service ice box or struc-
ture or equipment vending ice; the operation of an ice vending
machine, equipment, box or structure shall be, for the purpose
of this ordinance, considered the operation and carrying on of
a business and the license therefor shall be governed by Section
21 of this ordinance.
SECTION 23. 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.
SECTION 24. For every person, firm or corporation, outside of those conducting
a regular place of business, conducting, managing, or carrying on, the business
of running, driving, or operating, any automobile, automobile truck, automobile
tank wagon, or any other vehicle, used for the transportation, selling, collec-
tion 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 business, or of soliciting for work,
labor of services, to be performed upon the public streets, in or from a vehi-
cle, 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 estab-
lishment, inside or outside of the city limits of the City of Gilroy, $32.00
per year, in advance, per vehicle so used in said business in the City of Gil-
roy, except when a different license tax is specially provided by any other
section of this ordinance.
SECTION 25. For every person, firm, or corporation, outside of those conduc-
ting regular places of business, conducting, managing, or carrying on, the
business of running, driving or operating, any automobile, truck, automobile
tank wagon, or any other vehicle used for the transportation, selling or deli-
vering 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, $32.00 per year, in advance, per vehicle,
so used in said business in the City of Gilroy, except when a different license
-�3-
(SECTIOi1S 22, 23, 24, 25)
tax is specially provided by any other section of this ordinance. Each vehi-
cle so used in said business in the City of Gilroy shall be separately licen-
sed, and the License Collector shall provide a separate windshield 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 windshield stamp or sticker
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 substi-
tuted for the,vehicle licensed at any time upon application to the City License
Collector, provided that a substitute windshield stamp or sticker shall be
issued for such substitute vehicle, showing the number or other identification
of the substituted vehicle and the number or other identification of the vehicle
for which the same was substituted. Such substitute stamp or sticker shall at
all times be displayed on the windshield of the substituted vehicle while the
same is being used for business in the City of Gilroy.
SECTION 26. If any section, subsection, sentence, clause, or phrase of this
ordinance is, for any reason, held to be invalid or unconstitutional, such
decision shall not affect the validity of the remaining portions of this ordin-
ance. The City 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 any one or more other sections,
subsections, sentences, or phrases be declared invalid or unconstitutional.
SECTION 27. MISDEMEANOR. Every person who in the City of Gilroy, either for
himself or as the agent of another, commences, engages in, conducts, or carries
on, any business or game, or shows or exhibits any show or exhibition, without
procuring such license and paying the license tax hereby imposed upon such
business, game, show, or exhibition, or who violates any of the provisions of
this ordinance, shall be guilty of a misdemeanor, and, upon conviction thereof,
shall be punished by a fine of not exceeding Five Hundred Dollars, or by im-
prisonment for a term of not exceeding six months or by both such fine and
imprisonment.
SECTION 28. Ordinance No. 646 of the City of Gilroy, entitled "AN ORDINANCE
OF THE COUNCIL OF THE CITY OF GILROY LICENSING THE TRANSACTION AND CARRYING ON
OF CERTAIN BUSINESSES, TRADES, PROFESSIONS, CALLINGS AND OCCUPATIONS IN THE CITY
-24-
(SECTIONS 25, 26, 27, 28)
OF GILROY, FOR THE PURPOSE OF RAISING MUNICIPAL REVENUE AND PROVIDING A PENALTY
FOR THE VIOLATION THEREOF ", passed and appeoved by the City Council of the City
of Gilroy on the 20th day of March ►961, and all amendments thereto,
and ail ordinances or parts of ordinances to conflict with any of the provisions
of this ordinance, are hereby repealed.
SECTION 29. This ordinance shall take effect and be in force on July 1, 1961.
ADOPTED AND PASSED this 20th day of March , 1961, by the following vote:
AYES: COUNCIL MEMBERS: Goodrich ,Jordan,Pate,Rush,Wentworth,and Sanchez.
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Petersen
APPROVED:
i
Sig Sanchez
Mayor of the City of Gilroy
ATTEST:
Susanne E. Payne
City Clerk
-25-
(SECTIONS 28, 29)
INDEX
SECT JON
PAGE
Abstract Business, etc.
22.1
13
Accountant
.
22.52 -
21
Adjuster .
22.52 -
21
Amusement Concession
22.2 -_
13
Amusement Devices
22.3 -
13
Annual Licenses
10(a) -
5
Apartment Houses
.
l (b) -
I
Appraiser
22.52 -
21
Architect
22.52 -
21
Assayer
22.52 -
21
Astrology
22.25 -
18
Attachments Provided
19 -
12
Attorney
22.52 -
21
Auctioneer
22,4 -
13
Auditor
22.52 -
21
Auto Courts ,
1(b) -
I
Auto Wrecking
22.5 -
13
Bacteriologist
22.52
21
Bagatelle
22.10 -
15
Bankrupt, Sales, Etc.
22.6 -
13
Barber Shop
22.7 -
15
Beauty Parlor
22.8 -
15
Bicycle, Sales & Service
22.9 -
15
Billiards
22.10 -
15
Blacksmith Shops
22.11 -
15
Boarding
22.37 -
19
Bond Sail
22.52 -
21
Bowling Alleys
22.12 -
15
Boxing
22.13 -
15
Broker
.
22.52 -
21
Brokerage
22.14 -
15
Business
i(a) -
1
Business License, General
..
21 -
12
Cards
22.15 -
15
Carnivals
-1-
22.16 -
16
I..E X
-2-
SECTION
PA GE
Caterers
.
22.38
- 19.
Charities, Etc.
I1(a)
- 7
Chemist or Chemical Laboratory
. 22.52
- 21
Chiropodist
. 22.52
- 21
Chiropractor
. 22.52
- 21
Circus 0
. 22.17
- 17
City Attorney to Bring Suit for
Delinquent License Fees
. 18
- 11
Civil Engineer
. 22.52
- 21
Clairvoyance
. 22.25
- 18
Cleaners
. 22.18
- 17
Clothing Clubs
.
. 22.33
- 19
Collection Agency
. 22.19
- 17
Contracting, General
.
. . 22.20
- 17
Cooking Ware Clubs
. 22.33
- 19
Cosmetic Clubs
. 22.33
- 19
Council Discretion
11(e)
- 9
Credit Bureau
. 22.19
- 17
Crude Oil, etc.
. 22.26
- 18
Daily Licenses
. 10(e)
- 6
Dances
. 22.21
- 17
Dancing School
. 22.22
- 18
Definitions
. 1
- 1
Delinquent License Fees
.
18
- it
Dental Laboratory
22.52
- 21
Dentist . 0
22.52
- 21
Disabled Veterans
11(c)
- 8
Drayage
22.68
- 22
Effect on Civil Obligation
9
- 5
Effective Date of License Ordinance
. 29
- 25
Electrical Engineer .
. 22.52
- 21
Employment Offices 6
. 22.31
- 19
Exempt - What Persons Are:
11
- 7
Charities, Etc.
.
Ma) (a)
- 7
Disabled Veterans
il(c)
8
Farmers
.
11(d)
- 9
Horticulturalists
11(d)
- 9
Interstate Commerce
11(b)
- 7
Poultrymen
11(d)
- 9
Council Discretion
11(e)
- 9
-2-
INDEX
-3-
SECTION
PAGE
Exhibiting of License .
7
7
Ex- Officio License Inspectors, Policemen
. 17
11
Fairs 0 4
22.16
-
16
Fee, When License Payable
10
-
5
Ferris Wheels, etc.
22.2
-
13
Fish Peddler
22.23
-
18
Fixed Place of Business .
. 1(b)
-
i
Food andt'or Processing Plants
22.24
-
18
Form of License . 0 a
5
-
4
Fortune Telling, Etc.
22.25
-
18
Freight Transportation For Hire
22.68
-
22
Games 0
22.2 & 22.3
»
13
Gardener
. 22.32
-
19
Gasoline, etc. - Wholesale
. . 22.27
-
18
General Business Licenses .
. 21
-
12
Geologist .
. 22.52
-
21
Grinders 6 Sharpeners
. 22.28
-
18
Gross Monthly Receipts - How Ascertained
12
-
9
Gross Receipts
. 1(c)
2
Herbs 0 .
. 22.52
-
21
Horticulturists
11(d)
-
9
Hotels
I(b)
-
1
House Moving .
22.29
-
18
Ice
22.69
-
22
Ice Cream
22.30
-
19
Inns
. 1(b)
•
1
Insurance Adjuster
. 22.52
•
21
Intelligence Offices
. 22.31
-
19
Interstate Commerce
11(b)
7
Janitor
. 22.32
•
19
Jewelry Clubs
• 22.33
-
19
Job Printer
. 22.34
-
19
Junk Yards .
• 22.5
-
13
Juke Boxes .
. 22.35
-
19
Kerosene
. . 22.26
-
18
-3-
INDEX
52
SECTION .,
PAG E
Laboratory
22.52 -
21
Laundry
22.36
19
Licenses, Annual
. 10(a) -
5
License Collector, report of to
Council
16
11
Licenses, Daily . 0
10(e) -
6
License Exhibiting 0 9
0 0
7 -
5
License Fee A Civil Obligation
8 -
5
License Fee -- When Payable
. 10 -
5
License, Form of
.
5 -
4
Licensee, Monthly
10(d) -
6
License Must be Obtained - When
13 -
10
License Must be Signed by Mayor,
etc.
14 -
10
Licenses Not Transferable
6 -
5
Licenses, Quarterly
10(c) -
6
License Rates According to Schedule
20 -
12
License Record
. 15 -
10
License Required
. 2 -
4
Licenses, Semi - Annual
10(d) -
6
Licenses, Separate
4 -
4
Life Reading 0
0 10
22.25 -
18
Live stock, auctioneer of
22.4 -
19
Lodging . 0 .
22.37 -
19
Lunch Wagons
22.38 -
19
Machine Shops
22.11 -
15
Manicure Parlor
22.8 -
15
Manufacturing
22.39 -
19
Masseuse .
•
. 22.52 . -
21
Mechanical Engineer
22.52 -
21
Medical Laboratory
22.52 -
21
Menagerie 6
22.17 -
17
Merchandise, distribution of
22.43 -
20
Mid -Wife 0 0 0
0
22.52 -
21
Milk Delivery Routes
22.40 -
19
Miniature Golf
22.41 -
19
Misdemeanor .
27 -
24
52
INDEX
SECTION PAGE
Monthly Licenses
10(d) -
6
Motels e
I (b) -
I
Motion Pictures
22.42 -
20
Motorcourts
a 0
I (b) -
I
Motorcycle, Sales b Service 0
22.9 -
15
Motor Transportation
8 Distribution of Merchandise
22.43 -
20
Music Machines
22.35 -
19
Naptha
22.26 -
18
Naturopractor
22.52 -
21
News Agency
0
0 . 22.44 -
20
Newspaper, Daily
0 0
. 22.45 -
20
Not Transferable
6 -
5
Oculist
.
22.52 -
21
Optician
0 0
0 . 22.52 -
21
Optometrist .
0 0
0 . 22.52 -
21
Osteopath 0 4
0 6 0 a
0 . 22.52 -
21
Outdoor Advertising
. 0
0 . 22.56 -
21
Palmistery
0
0 . 22.25 -
18
Patrol Service
0
0 . 22.46 -
20
Pawnbroker
.
22.47 -
20
Peddler
I (d) -
2
Peddler, fish
22.23 -
18
Peddling
22.48 -
20
Penalty
.
10(f) -
7
Person 0
0 . 1(e) -
2
Pest Control Service
0 . 22.49 -
21
Petroleum
.
. 22.26 -
18
Photographers
. 22.50 -
21
Physician
. 22.52 -
21
Pin Ball Machines
. 22.51 -
21
Policemen Ex- Officio
License Collectors
17 -
11
Pool 0 0
. 22.10 -
15
Posture Correction
. 22.52 -
21
Poultry Men
. 1 l (d) -
9
-5-
INDEX
M1
SECTION
PAGE
Practice Driving Course
22.41 -
19
Prenology
22.25 -
18
Processing Plants
22.24 -
18
Professions
..
22..52 -
21
Putting Green
,.
22.41 -
19
Quarterly Licenses
10(c) -
6
Radio Studio
22.64 -
22
Rates According to Schedule
20 -
12
Real Estate Broker
22.53 -
21
Receipts, Gross
1(c) -
2
Receipts, Gross Monthly
12 -
9
Record, License
15 -
10
Refined O i l s
22.27 -
18
Repeal
28 -
24
Report by License Collector
to
Council
16 -
it
Required, license
2 -
4
Retail Business
1(f) -
3
Riding Academy
22.54 -
21
Sales, Bankrupt, etc.
0
22.6 -
13
Semi - Annual Licenses
10(d) -
6
Separate Licenses
..
4 -
4
Separate Violations
3 -
4
Sharpeners
.
22..28 -
18
Shooting Gallery
..
22.55 -
21
Shows, Etc. Not Otherwise
Specifically
Licensed
22.58 -
22
Sign Boards
..
22.56 -
21
Sign Painter
..
. "
22.57 -
22
Skating Rink
22.59 -
22
Soliciting 0
22.60 -
22
Solicitor 0
1(g)' -
3
Stallions, Etc.
..
..
22.61 -
22
Stock Exchange .. .
..
22.14 -
15
Structural Engineer
22.52 -
21
Surgeon ..
..
22.52 -
21
Surveyor
22.52 -
21
M1
INDEX
SECTION
1 '
Subcontractors
22.20 -
17
INDEX
-7-
SECTION
PAGE
Subcontractors
22.20 -
17
Tailor 0 0
22.62 -
22
Taxicab Business
22.63 -
22
Television Studio
22.64 -
22
To Take Effect- When
29 -
25
Trading Stamps
22.66 -
22
Trailer Courts
I(b) -
i
Transferable, Licenses not
6 -
5
Transient Business
I(b) -
1
Transportation of Freight or Merchandise for Hire
22.66 -
22
Travel Agency
22.67 -
22
Trucking and Drayage
22.68 -
22
Validity
26 -
24
Vending Machines
22.69 -
22
Veterinarian
22.52 -
21
Violation, Separate
3 -
4
Watch Clubs
22.33 -
19
Welding Shops
0 . 22.11 -
15
Wholesale Business
I(h) -
3
Wholesale, Gasoline
. 22.27 -
18
Wholesale Truck Delivery
. 25 -
23
Wild West Shows
. 22.17 -
17
Wrestling
. 22.13 -
15
-7-
1, SUSANNE E. PAYNE , City Clerk of the City
of Gilroy, do hereby certify that the attached Ordinance No. 646
is a true and correct copy of the whole of such Ordinance, duly
adopted by the Council of the City of Gilroy, at a regular meeting
of said Council held on the 20th day of March ,
19 61 , at which meeting a quorum was present.
I further certify that the said ordinance has been pub-
lished in accordance with the charter of the City of Gilroy.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed :A
17I.T
the official seal of the City of Gilroy, this 2� 1st _ day of
Ma rch , 19 6_ 1_.
�4 6 .11P
I � Z'wa!!L�L City Clerk of the City of gilroy