Loading...
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