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O 002 ORDINANCE NO. 2 CITY OF ARROYO GRANDE AN ORDINANCE TO IMPOSE, ESTABLISH AND REGULATE LICENSE TAXES IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN WIS OBISPO, :STATE OF CALIFORNIA, AND TO ESTABLISH REGULATIONS FOR THE ENFORCEMENTS THEREOF, and PENALTIES FOR THE VIOLATION THEREOF. The Board of Trustees of the City of Arroyo Grande do ordain as follows: SECTION I. It shall be unlawful for any person, firm, or corpor- ation, in his or its name, as agent, clerk, or solicitor, or in any other capacity, to commence, engage in, carry on, or pursue or transact in the City of Arroyo Grande, the occupation, business, or calling, in this ordinance hereafter specified, without first procuring a license .s in this ordinance provided. Every person who shall violate any of the provisons of this ordinance, or who without first having obtained a license therefor, or without complying with each and every provision of this ordinance, shall engage in, carryon, pursue, or transact the occupation, business, or calling for which a license is required by the provisions of this ordinance, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed two hundred dolLars or imprisonment not to exceed thirty days, or by both such fine and imprisonment. The prosecution of and conviction of any person hereunder shall not effect in any manner or constitute any defense to any civil action brought by virtue of the provisions of this ordinance, but the two remedies shall be considered and regarded by the Court as cumulative and concurrent. A Judgement that the defendant pay a fine may also direct that the defendant be imprisoned until such fine be satisfied, speci- fying the extent of the imprisonment which shall not exceed one day for every two dollars of the fine, and not to exceed in any case the period of thirty days. SECTION II. The amount of any license tax, viz: From the date of the commencement of any business, occupation, or calling, to the first day of the next succeeding quarter im- ..___~__._____.m Ordinance No. 2 - Page 2 posed lunder or by virtue of any section or provision of this ordinance shall be deemed a debt owing to the City of Arroyo Grande at the time of the commencement of any business, o.ccupation, or calling requiring such license tax, any payment thereof for the collection of which an action may be maintained as in the ordinance provided and on the first oday of each quarter thereafter should such business, occupation, or calling be continued, the further sum and amoUnB of and for one quarter year, or three months, in advance, shall a180 become and be a debt and owing said City of Arroyo Grande, the collection of which may as herein mentioned and pro- vided. SECTION 3. Against any person, firm, or corporation required by this ordinance to take out a license who fails, neglects, or re- fuses to take out such license, or who carrie. on or attempts to carryon any business, occupation, or calling in any form or tIIanner whatever, without such license, the Board of Trustees of the City of Arroyo Grande shall direct suit in behalf and in the name of the City of Arroyo Grande as plaintiff, to be brought for the recovery of such license tax, and in such case the Marshal or Clerk of said City may make the necessary affidavitfor and a writ of attachlnent may issue without any bonds being given in behalf of the Plaintiff. SECTION 4. License may be issued for the term of three, six, or twelve tIIontha, and for such other term8 as may be required by this ordinance. All licenses issued for three, six, or twe.lve months must be at the beginning of a quarter, to-wit: on the fir8t day of January, April, July, or October, piSovided that when any business or occu- pation or calling requiring a license shall have been commenced after the commencement of the year, half year, or quarter year, then in that case the Clerk shall issue a license for the remain- ing portion of such time and the Marshal shall receive in payment therefor the pro rata sum required for such license for such un- expired term, provided that no license shall be issued to extend beyond the calendar year in which such license is issued. ~----~.- Ordinance No. 2 - Page 3 SECTION 5. It shall be the duty of the Clerk to have printed license blanks for the City of Arroyo Grende. He shall number and sign the same and deliver the same to the Marshal and charge the Marshal with the same, keeping an account of the number thereof in a book to be kept for that purpose. On the first Monday of each month, the Marshal shall appear at the Office of the City Clerk and present all licenses not issued and receipt for all licenses not issued, and receipt for all licenses issued. The Clerk shall thereupon credit him with any licenses returned and cancelled, and from the receipts so presented shall enter in a book marked "Licenses," the date of all licenses issued, to whom issued, for what, and the time when they expire and the amount paid. SECTION 6. Every person, firm, or corporation engaged in, carry- ing on, pursuing or t't-ansacting within the City of Arroyo Grande, any occupation, b~iness or calling hereafter specified must procure a license and pay the license tax collector therefor as hereinafter provided. Each license shall authorize the party obtaining the same to transact the b~iness described in such license, at the locality designated therain. A separate license must be obtained for each branch establishment or separate house or place of business located in said City. All licenses granted under the provisions of this ordinance shall contain the provision and shall be issued upon the conditions at any time during their continuance by an order of the Trustees of said City when it is made to appear to said Trustees after an investigation under the provisions hereof that the place where said b~iness is carried on is conducted in a disorderly manner, or is a nuisance, or is a resort for criminal or disorderly or lewd persons, or whenever any persona running, employing, or managing such place of business is in the habit of practicing any disorderly or unlawful acts. It shall be the privilege of any term freeholders of said City, whenever any place of business Ordinance No. 2 - Page 4 of any person, firm, or corporation holding a license under this ordinance is conducted in a disorderly manner, or is a nuisance, or whenever any person regularly carrying on or employed at said place of business, is in the habit of practicing any disorderly or unlawful acts or whenever said place of business becomes a . resort of lewd, disorderly, or criminal persons, to sign and present a written petition to the Board of Trustees to investigale such license, Which petition shall specify the cause or causes relied upon as grounds of revocation. Said Board of Trustees must theBeupon fix a time for said investi- gation at a day and hour not more than fifteen from the first regular meeting of said Board of Trustees after the filing of said petition. If, in the judgment of said Board of Trustees, on an investigation thereof, and at least five days written notice to the holder of said license of the time and place of investigation, accompanied by a copy of the charges pr.ferred, said license should be revoked, then said trustees shall pass a resolution revoking and canceling the same, specifying the reason thereof, and thereupon no further license shall issue to said persons for the business specified in the license so revol:ed for the period of one year. The charge preferred against the holder or holders of a license as aforesaid may embrace any or all of the causes for a revocation herein specified, and proof to the satisfaction of the Board of Trustees of the existence of anyone of the charges 80 specified in said written charges shall be sufficient cause of the revoca- tion of the license under investigation. SECTION 7. Lieense Taxes shall be paid at the following rates: No. 1 Automobiles - Selling or for hire $3.00 per quarter. No. 2 Auctioneers - or selling real or personal property at public outcry $3.00 per quarter. No.3 Book Agents - or solicitors for the sale of books, maps, or pictures $5.00 per day. No.4 BaDks - Commercial and Saving and Deposits, combined $20.00 per quarter. ---_._-~~.__.._._._-_._-- Ordinance No. 2 - Ldge 5 No. 5 Bicycles - Selling or for hire $2.50 per quarter. No.6 Books and Stationery Store $3.00 per quarter. No. 7 Bill Posting, and distributing other than those circu- lated by local merchants $2.00 per quarter. No.8 Barber Shops, not selling"toiler articles $1.50 per quarter. No. 9 Barber Shops where toilet articles are sold $2.50 per quarter. No. 10 Blacksmithing, including shoeing and repairing $3.00 per quarter. No. 11 Boot and Shoe Store $3.00 per quarter. No. 12 Building and loan agency $3.00 per quarter. No. 13 C10Sbin; Store, including gents furnishing goods $4.00 per quarte.r. No. 14 Cigar and Tobacco Store $2.00 per quarter. No. 15 Cigar, Fruit, and Candy Store $4.00 per quarter. No. 16 Circus or Managerie or both combined $20.00 per day. No. 17 Clairvoyant, Astrologer or Fortune Teller $5.00 per day. No. 18 Confectionery, or temperance drinks $2.00 per quarter. No. 19 Dry goods store $2.50 per quarter. No. 20 Drug store, with stationery, candy and cigars $6.00 per quarter. No. 21 Drug store without stationery, candy and cigars $3.00 per quarter. No. 22 Exhibition of trained anamals $2.50 per day. No. 23 Express wagon,truck, dray, or other freight vehicles for hire $3.00 per quarter. No. 24 Electric light, gas, or power furnishing same for light, heat, or power $7.50 per quarter. No. 25 Electric wiring, wiring houses, dwellings or stores $2.50 per quart;er. No. 26 Express companies $5.00 per quarter. No. 27 Furniture and carpet store, new and second-hand $3.00 per quarter. ---~_._.__._._,_._-_._---- Ordinance No. 2 - Page 6 No. 28 Peed yard or Store $3.00 per quarter. No. 29 Garage, where cleaning and repairing are done $3.00 per quarter. No. 30 Grocery store $3.00 per quarter. No. 31 Hardware store and plumbing, including wagons, carriages, and agricultural implements $ 7 . SO per quarter. No. 32 Harness store or shop $2.50 per quarter. No. 33 Hotel or boarding house, where the average daily accom- modations is one and not more than three $2.00 per quarter; Where the daily average accommodations is five and less than fifteen $3.00 per quarter; Where the daily average accommodations of persons is fifteen and less than thirty $5.00 . per quarter. No. 34 Insurance, fire, life, or other insurance $2.50 per quarter. No. 35 Jewelry store $2.00 per quarter. No. 36 Lumber, selling from yard or car $lO.OO.per quarter. No. 37 Livery and feed stable $7.50 per quarter. No. 38 Laundry, soliciting for $1.00 per quarter. No. 39 Lodging houses, with five room~ or less $1.00 per quarter; With five rooms and not more than lO rooms $2.00 per quarter; With ten roams and not more than twenty rooms $4.00 per quarter. No. 40 Every person, company, or corporation who at a fixed place of business sell any vinous, spiritous, or malt liquors in quantities of one fifth of a gallon or over, not to be drank upon the premises where sold $100.00 per quarter, payable quarterly on the first day of July, the first day of October, the first day of January, and the first day of April of each year. Provided, that no license shall be raquired of physicians, surgeons, apothecaries, or dentists for auy wines or spirituou. liquors they may use medicinally or for performing operations. No. 41 For each barroom, saloon, or other place where vinous, spirituous, or malt liquors are sold or given away by the glass or bottle, or otherwise, to bu drunk upon the ~-----_._--._~"_.- Ordinance No. 2m - ~age 7 the premises where sold $100.00 per quarter, payable quarterly on the first day of July, the first day of October, the first day of January, and first day of April of each year, but no such person shall have issued to him or them a license to keep a barroom, saloon or other place where vinous, spirituous, or malt liquors are sold, except such person or persons be of good moral character and must deposit a bond of $500.00 to keep a decent and orderly house and do business according to law. No. 42 Every person keeping a hotel, restaurant, or chop house within said City, wherein vinous, spirituous, or malt liquors are sold or furniehed to guests in such hotel, restaurant or chop house with meals furnished to guests, shall pay a license tax of $100.00 per quarter. No. 43 Every club, club house, assembly, or place wtare persons congregate, and where vinous, spirituous or malt liquors are sold, or given away, to be drank upon the premises $100.00 per quarter payable on the fir-st day of July, the first day of October, the first day of January, and the first day of April of each year. No. 44 Meat Markets $5.00 per quarter. No. 45 Millinery store $2.50 per quarter. No. 46 Money loaning, other than banks $2.50 per quarter. No. 47 Musical instruments, selling or renting $2.50 per quarter. No. 48 COIIIDission, real estate, money loaning, and insurance $5.00 per quarter. No. 49 Merry-go-round, puppet show, hobby horse, and similar devices $5.00 per day. No. SO Merchandise, peddling from house to house $5.00 per day. No. 51 Merchandise, soliciting or canvassing for retail orders $5.00 per day. No. 52 Merchandise or medicine .elling, any kind of any street, avenue, sidewalk, alley, or public of said City of Arroyo Grande, by pUblic outcry or Where singing or playing on ~-'" Ordinance No. 2 4 Page 8 any musical instrument is resorted to or any device is used for the purpose of gathering people together $10.00 per day. No. 53 Merchandise selling as mentioned in the foregoing subdi. vision, elsewhere than on the streets, avenues, alleys, sidewalks, or public places in said City, and where any device, method or means is used having a tendency to gather a crowd of people $lO.OO per day. No. 54 Merchandise, selling at auction merchandise of any descrip4 tion, including medicine and medicinal preparations by any persons or persons other than those conducting a regular place of business in said City $5.00 per day. No. 55 General Merchandise Store, carrying dry goods, shoes, clothing and furnishing goods, groceries, hardware, crockery, tinware, and plated ware, furniture, paints and oils, and all other cCIIIIlodities usually carried in a general mer- chandise store $12.50 per quarter. No. 56 Moving picture shows $2.50 per quarter. No. 57 Merchandise selling by person or persons in a store house, or any other place. When only temporary occupancy is intended, and when the person or persons so doing do not hold a legally written lease on any such store, house, or any other place for more than one year $10.00 per day. No. 58 Merchandise, all other U.nes of obusiness not herein provided for and not otherwise provided by ordinance $3.00 per quarter. No. 59 Notion Store $3.00 per quarter. No. 60 Nursery agency selling for or soliciting orders $2.50 per quarter. No. 61 Plumbing shops $2.00 per quarter. No. 62 Peddling, peddl:l.ng meat not the product of the peddl.r in quantities not less than a whole carcass, with a wagon or other vehicle with one or more animals $10.00 per quarter. -_...,--_.~_.--- Ordinance No. 2 - Page 9 No. 63 Peddling, peddling fruit, vegetables, goods, wares, and merchandise of every description or kind other than by the producer thereof, where a wagon or vehicle and one or more animals are used for the purpose of such peddling $2.50 per quarter. No. 64 Photograph gallery or a place for t>ainting or taking pictures by any process $2.00 par quarter, No. 65 Purchasing agency at a fixed place of business $2.00 per quarter, No. 66 Printing or publishing, where job work is done $2.50 per quarter. No. 67 Printing or publishing, soliciting within the corporate limits of said City, as principal, agent, or otherwise by those not residing or doing a printing or pUblishing buBiness in said City $2.00 per day. No. 68 Real estate buying sellibg dealing in as an agent $2.50 per quarter. No. 69 Pool rooms having one or more billiard or pool tables permitting the sale of tobacco and cigars and smo~ers materials $4,00 per quarter. No. 70 Restaurant, or chop house, when not connected with any hotel $2.50 per quarter. No . 71 Second hand store $4.00 per quarter. No. 72 Shooting gallery $10.00 per quarter. No. 73 Sewing machine agency, for the sale or renting of dw sewing machines $2.50 per quarter. No. 74 Stallion, Jack, or Dull Keeping for propagation pur- poses, each per year $5.00. No. 75 Shows, every rope, wire, dancing, contortionist, or legerdemain performance, not including the performance of theatrical companies, $2.00.per day. No. 76 Skating Rink $5.00 per quarter. -~~~-.__..--- Ordinance No. 2 - Page 10 No. 77 Telegraph companies doing business by agent or otherwise $5.00 per quarter. No. 78 Telephone companies doing business by agent or otherwise $5.00 per quarter. No. 79 Ten pin or nine pin alley $4.00 per quarter. No. 80 Theatrical or operatic performance $2.00 per day. No. 81 Wood yard $1.00 per quarter. No. 82 Water, selling or renting at fixed rates $10.00 per quarter. No. 83 Warehousing $7.050 per quarter. No. 84 Undertaking $5.00 per quarter. No. 85 Dogs, a license tax by the owner thereof, $1.00 per year. SECTION 8. Whenever the word "person," "persona", or "party" is used in this ordinance referring to those liable to pay tax, the same shall be construed and is intended to mean and include a firm association or corporation and whenever the term used in this ordinance designates othe principal, the sarna shall be construed to mean and include the agent, servant, representative, and employees of such principal. SECTION 9. This ordinance, after its passage and approval, shall be published once in the Arroyo Grande Herald-Recorder, a weekly newspaper printed and published in said City, and shall take effect and be in force from and after such publication on and after the 12th day of August, 1911, provided that no license now in force shall be affected by the provisions of this ordinance. Passed and adopted this 9th day of August, 1911, by the following vote: AYES: Trustees Alexander, Gilliam, Henry, Grieb, :aM\nett. NOES I None. President of the Board of Trustees of the City of Aaroyo Grande. Attest. B. F. Stewart, Clerk of the City of Arroyo Grande ----~_......_--.__..-_----------_._- Ordinance No. 2 - Page 11 1, B. F. Stewart, Olerk of the City of Arroyo Grande, do hereby certify that the foregoing ordinance was introduced and read at /I regular meeting of the Board of Trustees of ;1~,:, City of Arroyo Grande held on the 26th day of July, 1911, and was pa&ud at a regular meeting held on the 9th day of August, 1911, by the follow- ing vote on roll call : AYES : Trustees S. Alexander J. W. Gilliam A. A. Henry George Grieb F. E. Bennett Noes; None Said ordinance was then and there signed by the President of said Board of Trustees and attested by the Clerk of said City. In witness whereof, I have hereunto set my hand and affixed the Seal of said City of Arroyo Grande this 9th day of August, 1911. B. F. Stewart Clerk of the City of Arroyo Grande. ----~--~...