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O 201 . - . -.. ~ . .., . " , , ORDINANCE NO. 41/ AN ORDINANCE LICENSING BUSINESS!:S, PROFESSIONS, OCCU- PATIONS AND ENTERPRISES ENGAGED, IN WITHIN THE CITY OF ARROYO GRANDE, CALIFORNIA, FOR THE PURPOSE OF PRO- VIDING REVENUE FOR MUNICIPAL PWU'OSES AND PROVIDING PENALTIES FOR 'l'HEVIOLATION THEREOF. THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLWS: Section 1. Unless it is apparent from ,the context that another mean- ing is intended, the follGWing words,when used herewith, shall have the .( meaning attached to them by the following sections. a. "Person" shall mean all domestic and fo,reign corporations, associa:tions t syndicates, joint stock corporations, partnerships of every kind, corporations, Massachusetts business or common law trusts, societies, and individuals engaged in any business 8S defined herein in the City. b. "Engaged in Business" shall mean the, cQIlducting, managing or carrying on of any profession, trade, calling, accupation or cOlDIIU!rcial en':er- prise in the City far which a license is required under the provisions of this Chapter as owner, officer, agent, manager, employee, servant or lessee of any of them. c. "City" shall mean the City of Arroyo Grande. d. "Within the City" ,shall mean within the'corporate limits of the City as they now exist, or may hereafter be made to'exist, by subse- quent exclusion or addition. e. "Streets" shall include all streets" avenues, high"'<lYs, alleys, 'I- , courts, lanes, places, squares, curbings" sidewalks or other public ways in this City which have been, or may hereafter be dedicated as such, or which though not dedicated" are' open to public use. It shall be unlawful for any person, firm, or corporation to - use the public streets, roads or sidewalks within the 1 imits of the City of Arroyo Grande for the purpese of engaging in any type of business of selling therefrom er taking orders for any ,goods, wares, or merchand ise. f. "Peddler" shall mean any person who goes from house to house, _place to place, or in or along the streets, within the City selling and making immediate delivery, aroffering fer sale and immediate delivery, any goods, wares, merchandise or anything of value, in p0!8 session of the peddler to pers,ons other than manufacturers, whole- .al~rs, jobbers , or retailers in such commodities. g. "Solicitor" shall mean any person who engages in the business of going from house to house, place to place, or in or along the streets, wi thin the Cit y , selling or taking orders for goods, wares, merchan- dise, or other things of value for future,delivery, or for services to be performed in the future. h. "Itinerant Vendor" shall mean any pera:on who engages in a temporary or transient bus iness in the Ci,ty, sellinggeods, wares, merch~dise, or any other thing of value, with' the intention of conducting said business in said City for a period of not 'more than ninety days, and who, for the purpese of carrying on such business, hires, leases or Becupies any hotel, motel rOODl'or any other room doerway, yacant let, building or other plaee for the exhibition or sale ef gaods, wares, merchandise or other thing of value. If the plaee in which a business is rented or leased for a period of ninety days or less" such'fact will be presumptive evidence that the business carried on therein is a transient business. A person or firm shall not be relieved from the provisions of this seetion by reason of assoeiating temporarily with any local dealer, \ trader, merchant or auctioneer. The provisions of this section shall not apply to commercial travelers or selling agents selling their goods to dealers, whether selling for present or future delivery, by sample or otherwise, nor to persons selling fruit, vegetables, eggs, butt~r or other farm"or ranch products of their own produetion. -' ------------------- ~ -- . ., . i. ttLicenseetl shall mean any person to whom a license has been issued hereunder. J. As used in this ordfnance, tlbusinesslt means profess iDn 7 trades, lessors and occupations and all and every kind of calling carried on for profits or livelihood. GENERAL PROVISIONS Section 2. LICENSE REQUIRED: It shall be unlawful for any person to be engaged in business in the City of Arroyo Grande without having an unrevoked license from the City so to do, valid and in effect at the time, and in com- pliance with any and all regulations of such business contained in thi~ Chapter, unless such person is exempt under the provisions of this Chapter. No person who is an employee of or who is the direct representative of a 1 ice ,ee shall be required to pay a license fee for the doing of any part of the w, .k of such licensee. Section 3. SEPARATE VIOLATION: The engaging in business without first having procured a license from the City so to do, or without complying wi th any and all regulations of such business as contained in this Chapter, shall be deemed a separate violation hereof for each and every day that such business is carried on. Section 4. SEPARATE LICENSES: Separate licenses must be obtained fUl e2r' branch, establishment or separate place of business in which the business carried on provided that warehouses, distributing plants and showrooms u:::-cc, L~.! 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. Separate licenses must be obtained for each kind or class of business carried on at each location, provided, however, that if more than one business is carried on at such location and such businesses are subject to the license tax based on number of employees as specified in Section 24, then only one license tax shall be obtained based upon the number of employees of the business at such loca tion. Any person carrying on a business at one location containing several departments, all of which are presided over and carried on exclusively by said persons as proprietor or by members of his immediate family (parents, spouse or children), shall be required to pay only one license fee, which shall be the full license fee of whichever business calls for the highest fee. Section 5. UNLAWFUL BUSINESS: The issuance of a license under this Chapter shall not entitle the licensee to engage in any business which for any reason is in violation of any law or Ordinance. Section 6. NOT TRANSFERABLE: No license hereunder shall be transferred or assigned, nor shall such license be construed as authorizing any person other than the licensee to engage in the licensed business. Section 7. FORMS AND LICENSES: Every person required to have a license under the provisions of this ordinance shall make application for the same to the City Clerk of the City of Arroyo Grande, and upon payment of the pres- cribed tax, the City Clerk shall issue to such person a license which shall contain; (1) the name of the person to whom the license is issued; (2) the business licensed; (3) the place where such business is to be transacted and carried on; (4) the date of the expiration of the license; and (5) such other information as may be necessary for the enforcement of the provi sians of this ordinance. All applications for business licenses other than renewals for businesses to be conducted within a building, must be approved by the Building Inspector and Fire Marshall prior to issuance, as to conformance of said building with existing zoning, building, fire or other public safety ordinances. The City Clerk must affix the official seal of the City of Arroyo Grande, number and sign all licenses. Section 8. CLERK'S LEDGER FOR LICENSES: The City Clerk must keep in his office a ledger in which he shall keep the account of all matters pertaining to the licenses mentioned in this Chapter. -2- . - '.' . Section 9. DUTY OF THE CHIEF OF POLICE TO MAKE INQUIRY: It shall be the duty of the Chief of Police and all police officers of the City to make dLli- gent inquiry as to all persons in this City liable to pay a license as [>1'0- vided in this chapter. Section 10. ~L OBLIGATION: The amount of any license fee l,mpos, hereunder shall canst tute a debt to the City and any person engaging in business in the City ~ithout having a license from the City so to do, shai ); be subject to an action in the name of the City in "ny court of competent jurisdiction for the collection of the a:nount of the license fee impos'-,d by this article in addition to any common procedures. S~ction 11. CONVICTION, EFFECT ON DEBT: The conviction and punishment of any person having engaged in business without a lic~nse shall not excuse or exempt such person from the payment of any license tee due or unpaid at the time of conviction, and nothing herein shall prevent criminal prosecution for any violation of any provision of this Chapter. Section 12. EXHIBITING LICENSE: Every person having a license under the provisions of this Chapter for engaging in business at a fixed place of busi-- ness, shall keep such license posted for exhibition while in force in some conspicuous place in his 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 any person, authorized to issue or inspect licenses or collect license fees. Eve.ry vehicle, licensed under this Chapter, shall have conspicuously displayed therein the license sticker furnished by the collector or facsimile issued by bU8ihess. SPECIAL PROVISIONS Section 13. EXEMPTION: The provisions of this Chapter shall not be deemed or construed to require the payment of a license to conduct, manage, or carryon any businessi or require the payment of any license fee from any institution or organization which is conducted, managed, or carried on wholly for the benefit of charitable purposes and from which profit is not derived, either directly or indirectly by any individual firm, or corpor- ation; nor shall any license be required for the conducting of anyentertaift- IDaDt, dance concert, exhibition, or lecture on scientific, historical, literary, religious, or moral subjects whenever the receipts from the same are to be appropriated to any church or school, or to any religious or beRevolent purpose within the city, nor ,shall any license fee be required for the conducting of any entertainment, dance concert, exhibition, lecture, whenever the receipts from the same are to be appropriated for the purpose m d objects for wh ich such association or organization was formed, and from which profit is not derived, either directly or indirectly, by any individual, firm or corporation. Nothing in this Chapter contained shall be deemed to exempt any such institution from complying with the provisions of this Chapter requiring such institution or organization to obtain a permit from the City Councilor proper officer to conduct, manage, or carryon any business. The City Clerk may require the filing of a verified statement from any person claiming to be excluded by the provisions of this Section, ~ich statement shall set forth all facts upon which the exclusion is claimed. Section 14. INTERSTATE COMMERCE: Every person claiming to be entitled to exemption from payment of any license fee provided for in this Chapter upon the grounds that the imposition of such fee casts an unlawful burden upon his right to engage in commerce with foreign nations or among the several states or conflicts with the regulation of interstate commerce by the United States, shall file a verified statement with the officer or employee of the City having charge of the collections of licenses, dis- closing the interstate or other character of his business entitling such exe.mption. Such statement shall state the name and location of the person for which the orders are to be solicited or secured, the name of the nearest local or state manager, if any, and his address, the kind of goods,wares, I1IIi!rch and is e , or services to be delivered or performed, the place from which -3- --.---..- -_.__.~_.- ~ ~ ... . . the same are to be shipped or forwarded or the services performed, the method of solicitation or taking order s . the location of any warehouse~ factory, or plant within the State of California, the method of delivery, the name and location of the residence of the applicant, and any other i ac ts necessary to establish such claim of exemption. A copy of the order bl ank, contract, form, or other papers used by such persons in taking orders sll.'; be attached to the affidavit. If it appears that the applicant is entf: led to such exemption, such applicant shall be issued a free license. Section 15. DISABLED VETERANS: Disabled war veterans shall be entitled to receive a free license for peddling or soliciting, provide'" that said persons first exhibit to the License Collector evidence of such character as shall satisfy said collector that the veteran applying therefor has re., ceived an honorable discharge from the United States Service and of servi,ce- connected disability. Section 16. FARMERS & POULTRYMEN: The provisions of this Chapter shall not be construed as requiring farmers, poultrymen, or horticulturists residing and doing business in San Luis Obispo County to procure a license hereunder for the privilege of selling exclusively their own products. This exemption shall not apply to nurseries or other commercial establia!\- ments who buy goods for resale as well as selling their own produce. Seetion 17. EXCLUSIONS: Except as may be otherwise specifically pro- vided in this Chapter, the terms hereof shall not be deemed or construed to apply to any of the following businesses engaged in by any of the following persons: a. Banks, including national banking associations to the extent provided by Article XIII, Section 16, Subdivision 1 (a) of the State Constitution. b. Insurance companies and associations to the extent provided by Article XIII, Section 11+, of the State Constitution. c. Any person whom the City is not authorized to license for revenue purposes only because of any law or constitution of the United States or the State of California. d. Any persons 16 years of age and under whose annual gross receipt derived from business within the City is less than $800.00. Section 18. COUNCIL DISCRETION: In all cases of doubt as to any applicant being entitled to an exemption from any license tax, or from the application of any of the provisions of this Chapter, the burden of establishing the right of such 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 exemption as in the \ise of its discretion it shall deem just. In the event the City Council refuses an exemption, the applicant therefor shall be entitled to a hearing before the Council upon request therefor, at which time the Council shall review th,. matter. Section 19. DUTY OF OFFICERS TO ENFORCE: It is hereby made the duty of the License Collector, Building Inspector, Director of Public Works, Chief of Police or of any other lawfully authorized police officer or other lawfully authorized officer or employee of the City of Arroyo Grande, to enforce the provisions of this chapter. Section 20. LICENSE FEES , WHEN DUE: The annual license fees in this Chapter provided, shall be due and payable to the City of Arroyo Grande on the first day of January of each year, and delinquent thirty days thereafter. Seot'ioo 21. l'KJNTHLY AND DAILY LICENSES: The monthly licenses in this Chapter provided shall be due and payable to the City on the first day of each and eve ry mon th , and delinquent five days thereafter. Likewise, daily licenses shall be due and payable to the City each day in advance. -1+- ~ -.., \. . . . Section 22. LICENSE FEES, PRO-RATING: Annual license fees shall be pro- rated if the profession, trade, calling, occupation or business is commenced in the second or subsequent month of the calendar year. Annual license fees shall be pro-rated in those cases of an existing business where the provisions of this chapter require a license for that business not heretofore required to be licensed under any previous business license ordinance. In all cases, the license fee shall be pro-rated as of the first day of the month in whicb the profession, trade i call ing ~ occupation or busines.s i.s commenced ~or such existing business is required to be licensed. GENERAL LICENSE REQUIREMENTS AND FEES Section 23. GENERAL LICENSE REQUIREMENTS AND AMJUNT OF FEES: The amount of license fees to be paid to the City of Arroyo Grande by any person engaged in or carrying on any profession, trade, calling, occ\Jpation or business hereinafter designated, is and are hereby fixed and established as herein- after designated and as herein provided. Such license fees shall be paid by every person engaged in carrying on or maintaining any such profession, trade, calling, occupation or retail or wholesale business in the City of Arroyo Grande. As used in this Section and parts thereof, the term t'lemployeeH shall mean all t>ersons engaged in the operation or conduct of any business, wr,ether as owner, any member of the owner's family, partner, agent ~ manager ~ sOlicito[", and any and all other persons employed or working in said business. As used in this section, and parts thereof, in determining the number of an ployees for the purpose of fixing the 1 icense tax due under this ordinance, the employer shall take the number of employees earning wages during pay perioasending the nearest fifteenth day of each month as shown by Form DE3 of the State of California, Dept. of Employment, or other form which may hereafter be adopted for reporting p~yments due under the Unemployment Insur- ance Act' for each month on the previous calendar year, adding the same and dividing by twelve; if theernployer has been in busine-ss less than one year, he may use the average number of employees as shown by said form for the last quarter; if the employer has not previously engaged in business, he may estimate the average number of employees who will be employed by him during the remainder of the calendar year. At his option, in determining the number of employees f'Or the purpose of fixing the license tax hereunder, the employer may ascertain the total number of hours of service performed in the City by all employees in the apl icant' s business during the one (1) year immediately preceding the commencement of the fiscal year for which the license is being is sued ,and dividing the total number of hours of service thus obtained by the number of hours service constituting a day's work according to the laws, customs or usage governing or pertaining to such employment, and by again dividing the number thus obtained by the number of days in said preceding year on which applicant did business in the City. ,The license fees for the enumerated businesses? professions, call ings, etc., shall be as follows: Section 24. RETAIL SALES: Persons carrying on the business consisting of selling at retail any goods, wares and merchandise or commodities, con- ill cting, maintaining or carrying on any trade, occupa tion ,call ing or business not otherwise specifically licensed by other subdivisions 'Of th~s ordinance, shall p~y an annual license tax based upon the average number of employees at the following rates: Minimum (includes owner or manager) $:(0 annually Next six employees, each $ :.\ annually Ne,ct six employee's, each $ 2 annually Each additional employee $ 1 annually Section 25. MANUFACTURING, WHOLESALING, PROCESSING, ETC.: Persons carry- ing Em the business consisting "f manufacturing, packing, processing or selling at wholesale any goods, wares, and merchandise or commodities at a fixed place of business within the City of Arroyo Grande shall pay an annual license tax b<1sed upon the <1verage number of employees at the following rates: Minimum (inel udes owner or manager) $/8' annually Next five employees, each $ 3 annually Next five employees, each $ 2 annually Each Additional employee $ I annually -5- ~ -, . . . Section 25A. TRANSFER BUSINESS, Every person engaged in the transfe.r- business located in the City of Arroyo Grande ehall pay an a!!.Ilual 1 icenEe t-'3X based upon the average number of employees who regularly work in the Ci ty nf Arroyo Gr ande, at the following rate: Minimum (includes owner or manager) $18 annually Next five employees, each $ 3 annual] y Next five employees, each $ 2 annual] y Each Additional employee $ 1 annually Section 26. BUSINESS & PROFESSIONS ENl~RATED: Persons conducting~ man ag ing , carrying on or engaging in any bus meas, profession, or occupa+j Dn hereinafter enumerated, the annual license tax shall be based upon the average number of professional members and the average number of employee computed as follows: Fot the first person practicing his profession, other than as a salaried employee, $20.00 per annum; for each additional person pract.iC.l!'lg his profession other than as a salaried employee, $10.00 per annum, plus the sum of $5.00 for each employee. Accountant Feed, Grain & Fruit Broker Abstract & Title Advertising Agent Geologist, Appraiser Archi tec t Illust!"ator or Show Card Writer Artist Insurance or Claims Adjuster Assayer Interpreter Attorney at Law Auditor Landscape Gardener or Architec:, Bacteriologist Lapidary Blue Printer Book Agent Masseuse Broker or Commis sion Agen t other than Midwife Real Estate Brokers & Agents Mercantile Agency Mortie :La!i Chemist Certified Public Accountant Nat1Jropath Chir opodist Chiropractor Occulist Collection Agency Opt ie ian Cosmetologist Optometrist Credit Reporting Bureau Osteopath Dentist Phys ic ian Dermatologist Physiotherapist Designer, Illustrator or Decorator Piano Tuner Detective Agency and/or Private Patrol Public Stenographer Draftsman Drugless Practitioner Roentgenologist Electro logist Sign Painter Engineer, Civil, Elect., Mining, Chemical, Surveyor Structural, Consulting or Hydraul ic Surgeon Engraver Entomologist Taxidermist Termite Inspector Veterinarian Section 27. GrnERAL CONTRACTORS, SUBCONTRACTORS: Every person trans- acting and carrying on the business of contracting shall pay an annual 1 icense. fee for the particular type thereof as follows: General Contractor - $35.00 per year or $10.00 per job. Electric or Plumbing Contractor - $30.00 per year or $10.00 per job. Subcontractor or Specialty Contractor - $25.00 per year or $10.00 per job. Pipeline, sewer, grading, street, paving, house moving, trenching or Excavating contractor - $40.00 per year or $15.00 per job. If any person transacting the businesses enumerated in this section shall carry on a retail, Mlolesale, or jobbing business or any other business, he shall be required to obtain a license and pay the tax specified for such other business, in addition to the license specified herein. Every person engaged in the busi- ness of contractor must produce evidence that he holds a val id State of Ca1.ifornia License before a license will be issued under this or'dinanc.e. .6-, - --- . , . Section 28. DELIVERY BY VEHICLE: Every person not having a fixed place of business within the City of Arroyo Grande who delivers goods, "ares or merchandise of any kind at wholesale or retail or who provides any service by the use of vehicles in the City of Arroyo Grande shall pay a~ annual license tax measured by the numbec of vehi~les regularly us~d :: ~.:ne City in sueh busines's as folluw::::: JR.C:>o 'I, <!J'" Wholesale delivery - $Ii.ei per annum, plus $l~.;~ for each addition'\t..,};;~hicle. Ie ,00 Retail delivery & service - $I=.~~ per annum, plus $~ per each / additional vehicle. Every vehicle licensed under this section shall have conspicuously dis- played therein the sticker furnished by the Collector, or a facsimile thereof. Section 29. MiSCELLANEOUS FEES: Barbers and Beauty Shops - $15 annually plus $2 per chair. Taxicabs - For operating any taxicab for carrying passengers for hire, the sum of $25 per annum for the first vehicle so operated and $10 per annum for each additional vehi,cle so operated, provided, however, that such business shall be subject to and governad by any regulatory ordinances of the City of Arroyo Grande now in effect or which] may'~ereafter be CldO~5edll -......O("'IDS (" ar Hotels, motels, etc.: 4 - rooms $2 arinuaH'y 10 - 19 rooms 31 .. 20 - 29 rooms 37 .. 30 - 39 rooms 43 " 40 - 49 rooms 49 .. 50 and over 55 .. Apartment hous-es ,house courts, bungalow courts, boarding houses, rooming houses, lodging houses: 1 - 3 units No charge 4 - 9 units $15 annually 10 - 19 units 18 .. 20 - 29 units 21 .. 30 - 39 units 24 .. 40 - 49 units 27 .. 50 - and over 30 .. Hospital, sanitarium, rest home, nursing home, asylum - Every person engaged in the business of conducting, managing or operating a hospital, s'ani tarium, rest home, nursing home or asylum'shall pay a license tax of $25.00 per year for the first 10 beds or fraction thereof, and for each additional bed in excess of 10 beds, $2.00 per bed per year or frac- tion thereof. This section shall not apply to non-profit institutions ex- empt by the State of California. 1 - 4 spaces No charges Trailer Parks: 5 - 9 spaces $25 annually 10 - 19 spaces 31 .. 20 - 29 spaces 37 .. 30 - 39 spaces 43 .. 40 - 49 spaces 49 .. 50 and over 55 .. Real estate - First broker, $20. Each additional broker practicing his profession other than as a salaried employee, $10. Each s'ale'sman, employee or ager: ~~, $0. Solicitors, Peddlers and Itinerant Vendors who may practice their trade or profession by prior appointment only: $50.00 for each sol icitor, peddler, or itinerant v€-n.dor who ope.ra1:es iTI the City of AT.Y.:OYO Grande for 90 days or less. -7- ---~~----- -- -- ----- ___ ___n_ - .,. - > Principal's Solicitor or Peddler License - Any person, firm or c~poration eitheremploy,in~,~ contracting with one or more individuals to have such individuals 'solicit the retail sale of any goods, wares, merchandise, services, or other things of value fDr future ,delivery or to sell or peddle such goods, wares,and merchandise, who operate in the City of Arroyo Grande longer than '90 Gay~'and who d~ ~)thavea regularly established place of business within the City may obtain a priooip-al'ssolicitor or peddler lic'ense and p~y a 1 icens'e fee of $50 .00 for principal and one solicitor'o~ peddler, 'plus $15 for each additional solicitor or peddler. Auc tiOllee'rs: For everyauctioneer,$lO.OO per day, provided no license shall be required for the selling of goods at public ule belonging ,to the Unitad States of Americe or to the State Of 'California, or for the sale o~ property by virtue of 'any process issued by-any State or Federal Court, or for the bonafide ,sale of household goods at the domicile of the owner thareof, ,or for the sale of ,ny property of an estate by the legally IIppointe~ administrator, ,executor or ~ardian thereof. Circ'\Ises, etc. : Every person engaged in the business of exhibiting, ,connucting, managing or operIting a cirous, wild west show, c'arnival, side- show, bazaar, ,street fair, festa, or other exhibition or entertainment at which feats of horsemanship, acrobatic feats, mechanical amusement devic'es, ,or trained or wild animals are exhibited or displayed, or other similar show or exhibition, ,shall pay a license tax "f $50.00 per day, provided, however, that no person shall conduc,t or c'arry on such 'business within said City without first having obtained a special permit therefor from the City-Council. Said special permit shall be issued by the City ,Council upon written application filed with said Council setting forth: 1. The name of the person engaged in the business of managing, carry- ing on or directing said show. 2. The place .nere such show is to be exhibited. 3. The type or manner of such exhibition. 4. The time, date and number of performances to be exhibited. Upon receipt of the application, ,the Council ,shall investigate the business of the applicant, the appr<>t>riateness of the location at which said applicant proposes to engage in business as specified in theapplic'ation and the type of circus, ,show or carnival proposed to be produced. There- upon the Council may approve the 'application and author'ize the issuance of a license thereon or the Council may deny any application, if in its judgment, the granting of the requested permit would be contrary to the public interest or would result 'in appreciable discomfort or serious inconvenience to persons residing in the vicinity or if the proposed location is an inappropriate one. Fortune telling, etc: For every person engaged, in fortune telling, astrology, palmistry, phrenology, card reading, crystal gaxing, clairvoyance ,hypnotism, mediumship, prophecy, or augury, the license 'shall be $10.00 per day. Billboards: $5.00 per billboard,annu'ally. Public Utilities: Public utilities serving customers within the City of Arroyo Grande shall pay an annual license tax of $50 unlesathe public' utility cOOlpany concerned pays a 1;ranchise tax to the City of Arroyo Grande, in which case no business license tax shall apply. Section 30. VENDING MAalINES: For every person engaged 'in the busi- ness of operating, renting, leasing or maintaining sny'scales or weighing machine controlled by the insertion of a coin, the ' sum of $4 per annum per _hine. As used in this ordinance, the following words shall have the following respective meanings: "Mechanical amusement ,device" and' "mechanic'al music device" shall mean any table, board" machine, ,device or _apparatus fitted f'Or use by the public, the operation of which is permitted,controlled or sllowed or made possible by the deposit or insertion of any coin, plate, disc, slug or key 'into any slot, crevice or opening, or by the payment of any fee or fees, and which operates, or which may be operated for useaa -8- . . ... ".-- .~ . . a game, contest or amusement~ or whi(:h may be used for aTIY such game~ con."- test or amusement>> but which table~ board, machine 1 devi.ce. or apparatus does not contain a pay-off device and which does not eeturn or vend any ar,tiele of merchandise or any money~ coin~ check or tokenQ ,Foe every person engaged in the business of opeeating elthee of the afore~ mentioned shall be charged at the eate of $4 per annum pee machine" Foe every person engaged in the business of opecating, renting, leasing or' maintaining any automatic vendi,ng machine used for the sale of food, drink, goods, wares, or merchandise and controlled by the insertion of a coin the sum of $4 per annum per machine. Before a lieense is granted under this seetion, the applieant must obtain a permit from the Chief of Police. The provisions of this section shall not apply to any person who owns his own vending machines and who operates the same on business premises operated by him and for whieh he pays a business li,cense to the City of Arroyo Grande. An "owner" within the meaning of this section shall include the purehaser of such ---am8chine under a bonafide conditi.onal sales contract.. (-,!: a 12..j put'.::!:tase CD!Jtract.. Sec tion 31. INVESTIGATIVE PROCEDURES: a. No statement pertaining to any business or occupation shall be conelusive as to the matters set forth therein, nor shall the filing of the same preclude the City of Arroyo Grande from collecting by appropriate action such sum as is actually due and payable hereunder. Such statement and each of the several items therein contained shall be subject to audit and verification by the City Clerk, her deputies, or authorized employees of the City, who are hereby authorized to examine, audit, and inspect such books and records of any licensee oe applicant for lieense, as may be necessary in their judgment to verify or asce.rtain the amount of lieense fee due. All licensees, applieants for lieenses and persons engaged in business in the City of Arroyo Grande are hereby required to peemit an examination of such books and records for the purposes aforesaid. The information fuenished or seeured pursuant to this section or Section 9 of this Ordinance shall be confidential. Any unwarranted disclosure oe use of such information by any offieer or employee of the City of Arroyo Grande shall eonstitute a misdemeanor and such offieer or employee shall be subject to the penalty provisions of this ordinanee. b. If any person fails to file any required statement within the time prescribed, or if after demand therefor made by the City Clerk he fails to file a coereeted statement, the City Clerk may determine the amount of lieense tax due from sueh person by means of sueh information as she may be ~ble to o~tain. In ease such determination is made, the City Clerk shall gl:e.a n~tl:e of the amount so assessed by serving it personally or by deposltlng It In the United States Post Office of Arroyo Grande, Cali- fornia, postage prepaid, addressed to the person so assessed at his last kno~ address. Suc~ person may, within thirty days after the mailing or serv1n~ of sueh not1<::e, make applieation in writing to the Ci ty Clerk for : he~rln~ be:ore the City Council on the amount of the license tax. If sueh ,ppll:at:-on :-s made, the City Clerk must c'aU$e the matter to be set for h Ing wlthw fIfteen (15) days. ear- ~ection 32. REVENUE MEASURE: This Ordinance is enacted solely to ralse revenue for municipal purposes and is not intended for regulation purposes. . MISCELLANEOUS PROVISIONS Seetion 33. UNEXPIRED LICENSES HERETOFORE ISSUED' Wh - for revenUe purposes has been issued to an bu 0 . er~ a ll.ee.r~se Grande and the tax paid therefor under y sm,:ss by the Clty of Aeeoyo tofore enaeted ahd the term f L 1. the prOVIS lons of any Oed inance here- I' , 0 SUC", lcense has n t . d lcense tax prescribed for S .d b', _ 0 explTe , then the al DSlness by th d.. payable until the expieation of th t 1S or lnance shall not be e erm of such unexpired license~ .9. . . ~ . .'" . Section 34. ENFORCEMENT AND CRIMINAL PENALTIES: a. Arrests for violati.ons v Collecti.on of license fees ~ The Ch'.,ef of Police and all police officers of said City shall have and exercise the power to make arrests for the violation of any of the provisions of this Ordinance and to enter upon business premises ~ free of charge, at any time a license is required by this ordinance and to demand the exhiM,tion of such license for the current term by any person engaged Dr employed in the transaction of such businesses~ and if such person shall then and there fail to exhibit such license~ such person shall be liable to the penalties herein provided for as a violation t',hereof.. The operation of a business in a district shall not excuse the operator from the payment of the license fFe~ imposed herein nor shall the issuance of a license for such a busineat-i')~ deemed to be a consent or permit for the operation of such a bus iness l.f said district. b. Criminal Penalty: Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon convicti:Jn thereof shall be punished by a fine not to exceed $500 Dr by 6 months UJ county jail Dr by both such fine and impr is onmer,t 0 Section 35. CIVIL PENALTIES: If any annual 1 icense shall rema.l.n unpaid. for 30 days after it, is due and payable and such monthly license shal] remain unpaid for five days after it is due and payable, a penalty of fee per cent (5%) shall be added. Said penalty shall then be added on eaCt' month that it remains unpaid, not exceeding in the aggregate a total penalty of one hundred per cent (100%) of the amount of the 1 icense fee. Any such penalty so imposed shall be colleet:ed by the person in charge of the collection of the license to which the penalty is added. If any person liable to pay daily license tax as herein provided fails to pay the same after the same shall become due accordi ng to this Chapter, a penalty of ten per cent (10%) shall be added to the amount of the license for each day it remains unpaid, not exceeding in the aggregate a total penal ty of one hundred per cent(lOO%) of the amount of the license fee. Section 36. SEVERABILI TY, If any section, subsection~ sentence~ clause~ phrase or portion of this Ordinance is for any reason held to be invalid Dr unconstitutional by the decision of any court of competent jurisdiction~ such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of this City hereby declares that it would have adopted this ordinance and each section. subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that anyone or more sections 9 subsections? clauses? phrases or portions be declared invalid Dr unconstitutionalo Section 37. EXTENT OF REPEAL: a. This Ordinanc e shall not be deemed to repeal any of the provisions of Ordinance No. 80 of the City of Arroyo Grande, entitled, tlOrdinance No.. 80, Licensing and regulating the business of conducting Dr operating card games or card table and providing penal ties for the violation thereof", passed and adopted by the City Council of the City of Arroyo Grande, on the 21st day of March , 1945, and said Ordinance shall control the licensing and regulation of the business of conducting or operating card tables within the <iity of Arroyo Grande, and reference to the provision of said Ordinance is herewith made as though set out herein in full. b. This Ordinance shall not be deemed to repeal any of the provisions of Ordinance No. 151, of the City of Arroyo Grande, entitled "Ordinance No. 151, an Ordinance of the City of Arroyo Grande regulating Fire and Closing out Sales in the City of Arroyo Grande, repealing all ordinances in confl ict here- with, declaring this ordinance to be an emergency ordinance to become effective immediately, and providing penalties for the violation hereof'", passed and adopted by the City Counci.l of the City of Arroyo Grande, on the 6th day of March, 1961, and said ordinance shall control the licensing and regulation of the business of conducting or operating fire and closing out sales within the City of Arroyo Grande, and reference to the provisions of said ordinance is herewi.th made as though set out herein in full. -10.., --.-.- - --- ~ ---- .' ,-,.. ! ,.' . . . . . c. All other ordinances in conflict herewith are hereby repealed, save and except as hereinb~fore provided, provided that this repeal shall not affect any cause of action or right to collect license tax which now exists under any of such ordin?nces, and provided that this repeal shall not relieve any person of any criminal liability incurred under and by virtue of any such ordinances hereby repealed, and all of such rights and causes of ae" 10" _ under such ordinances shall remain in full force and effect. This ordinance shall be in full force and effect thirty (30) days after its passage, and within fifteen (15) days after its passage it shall be published once, together with the names of the Councilmen voting thereoll , in the Arroyo Grande Herald-Recorder. On motion of 0_ v-tS- ... C" 1'tlMa , seconded by - ....11 , and on the following roll call vote, to-wit: AYES: C".ol1wllr~~ 'nU."., c...11._ Wood. .....11. .. But. ... *701' .Jacobe NOES: ... r ABSEN'1':R....... _ .,. . .,.// the foregoing Ordinance was adopted this 22actay of '0601--,. , l!A . MAYOR ATTEST: CITY CLERK I, POLLY S. MILLER, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, ,State of California,do hereby certify that the fore- going Ordinance No. ~l is a true, full and correct copy of said Ordinance pass~d and adopted by the City Council of -Ie City of Arroy'o Grande at a regular meeting of said Council on the ~y of De........ ,1964. ~IjS my hand 'i&OiIIibivl of the City of Arroyo Grande affixed this day of ' , 1964. i \ City Clerk of the City of Arroyo Grande (seal) -Il- I ,.J. ~- \- -