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HomeMy WebLinkAboutOrd 231-1944 ~e City Coucii of as follows: O~~OE S.O~Y FOR MISIN~ ~ctton 1. This ordinance is enacted solely to raise rev~1 for mnlcipal pur~s, and is no~ intended for the p~pose of re,ia- rich. ~~TO~ P~VISION$ OF ~otion ~. ~y per~n requi~ to pay a license fee for any busi~ss ~der t~s o~in~ce ~all be relieVe~ from the pa~ent of my license fee f~ the p~vile~ of ~ofng ~ch business which has been ~utred ~der ~y o~her ~elsoo, but sh~l r~ai~ such other ~ction 3. Neither the adoption of this ordinate nor its supersedi~ of any pore'on of any other OrdI~ee of t~ City of ~uth ~ Fr~iseo s~ll in ~y ~ner be construed to affect pro- secutton for violation of any other o~inan~ committed prior to the effective date hereof, nor be eonst~ed as a Waiver of any lleen~ or ~y penal provision a~li~ble to any ~ch violation, nor be con- strued to affect the validity of ~y brad or cash deposit required by ~y o~fn~ce to be posted, filed, or deposited, obligations there~to appe~aining sh~l o~ti~ue in ~1 force and · ffe et. D~~ION3 ~ot~..4. ;¥ ~his ord ln~oe the s~lar n~ber i~cludes the pl~al and the plural the slur, md t~ masc~Ime gender includes me other genders. The word "shall' is ma~atory, ~,A.y- permissive. The word ~erson" includes domestic and foreign corporations, associations, s~dicates, Joint stoc~ companies, firms, partnerships of every kind, trusts, societies, end individuals. 'Engaged in business' means the c~aducting, managing, or carry- ing on in. the City of South San Francisco of any bus, ness, trade, or commercial or manufacturing enterprise by any person as owner, officer~ agent, manager, e~ployee, servant, or lessee. =S~orn statement' means a written statement sworn to before the License Collector, or a~y officer authorized by law to administer oath~ Wo~ds and phrases not specifically de~ne~ herein shall be con- strued a.ccord~g to the context and approved usage of the language. UI~LA~ ~US~ Section 5. No license issued under the pro?lsions of this or- dinance shall be construed as authorizing the c~ndu~t or e~ntinuanee of any illegal or unlawful business. Section 6. l¢othing hex~in shall be. conatrue~ as requiring a license or the payment of a license fee or the doing of any act which would constitute an unlawful burden upon Or an unlawful imterference with interstate or foreign eo~aerce, or which Would be in violation of the. Gonstitution or laws of the United S~ates of ~erica or the Constitution or law~ of the State of California. ~FOR~T Section 7. It shall be the duty of th~ License Collector to enforce each and all of the provisions of this ordinance, and the Chief of Police shall render such assistance as may from time to time be required by the License Collector. The License Collector, im the exercise of his duties and acting through his deputies ~r any duly authorized city employee, shall inves- tigate all businesses hereby licensed to ascertain whether or not the provisions of this ordinance are being complied wi'th. The License CollectOr an~ a~y police officer shall have the authority to enter free of charge at any reasmnable time any place of business required to have a license he.~eunder and to demand ex- hibition of such license. Any person having any suc:h license in his possession or under his control, who fails to exhibit the same on de- mand,shall he guilty of a misdemeanor and shall be punishable scoot- It shall be the duty of the License Collector to cause complaint to be filed against any and all persons found to be violatlmg my of the provisions of this ordinance. NO UNDER NOR OVER. PAYMENT TO HE ~ection 8. No person ~rged ~'t.h the enforcement of ~y of the provisions of this ordinance shall ~nowlngly accept or receive my ~_,_m for amy license, which is less than or greater than the amount act- ually required to be paid under the provisions of this ordinance. ~ AND HEiIU~.ATIONS FOR Section 9. The License Collector is hereby authorized to~ make such rules and reg~¥tions as may be necessary to aid or assist in forcement of the provisions of this ordinance. i=~AL PI~0VISIONS Section 10. It shall be unlawful for any person to violate p~mvisio~ or fail to comply with any of the requirements of th. is ordi- nance, and amy person violating any of the provisions or failing to c~mply with any of the mandatory requirements of this ordinance shall be deemed ~ilty of a misdemeanor and on conviction thereof shall be punishable hy a fine 4ct exceeding Three Hundred Dollars ($300.00) or by'impr~onment for a period no% exceeding three (~) months, or by both such fine anal imprisonment. Each such person shall be deemed guilty of a separate offense f~r each and every day during any portion of any violation of any provision of this ordinance is committed, contl- hued, or permitted by smeh person and shall be punishable accordingly. In addition to the penalties herein otherwise provided, any condition caused or permitted to exist in violation of any of the provisions of th~s ordinance shall be deemed a public nuisance and may be by the city s,,mmarily abated as sudh, and each day that such condition con- tinues shall be regarded as a new and separate offense. ~ection 11. The conviction and punishment of amy persDn for engaging in any business without obtaining a license so to do~ shall not ~elieve such person from paying the license fee due and unpaid at the time of such conviction, ncr shall the payment 'of any license fee prevent a criminal prosecutio~ for the violatl on of any ~f the provi- sions of this ordinance. Ail remedies prescribed herei~ shall be cu- mulative and the uae of oze or more remedies by the city shall not bar the use of any other remedy for the purpose of enforei'ng the provlsioms of this ordinance. S~IT FOR RECOVERY. 0F UI~P~ ~ Section 12. Any sum x, equi:ed to be paid hereunder shall be deemed a debt to tha city an~ any person who engages in any busimess required to be licensed hereunder, w~thout obte~ing a license so to do, shall be liable to in action by and in the na~e of the city in any court of competent Jurisdiction for recovery of amy such sum. VAT.~. TTY OF Section 13. If any section or any part of any section of this ordinance is for any reason held to be inval!~ or unconstitutional by the decision of any court of competent Jurisdiction, the remai~der hereof not thereby invalidated shall re~ain in full force and effect. LXCE~SE ~EES IMPOSED Section lA. There -are hereby imposed upon the occupations, businesses, trades, commercial, and manufacturing enterprises speci- fied in this ordinance license, fees in the amounts hereinafter pres- cribed, an~ it shall be unlawful to engage in any such occupations, businesses, trades, or c~,,~m~rcial or manufacturing enterpr'tae~ without securing the license herein prescribed there~r. LICEH~ES, CONT--~ITS OF ~ection 15. Ail licenses shall be prepared and issued by the License Collector upon the payment of the sum herein required to be paid therefor. ]~ach license so issued shall state upon the face there- of the following: (&) The name of the person to whom it is issued. (b) The kind of business licensed. (c) The. amount of license fee paid therefor. (~[) The location of sue~ busil~ess. (ei The date of expiration of such license. NO LICF~3E I~.~D TO APPLICANT IN ~eetion 16. No lite, lc for any %nsuIng, 'current, or enexpired license period shall knowXngly be issued to any person who, at the time of making application therefor, is indebted to the City of South San Francisco for any ui~paid license fee. E~ LICEN3E TRAN3FERABLE; AH~XrDED LI(~EN~E FOR CHAH~.ND LOCATION Section 17. No license issued pursuant to this ordinance shall be transferable; provided that, where a license is issued authorizing a person to carry on a business at a particular place, such licensee ney,upon application therefor end paying a fee of fifty cents (50g) have the license amended to authorize the carrying on of such business under said license at some other location to which the business- is or is to be moved. DUPL IOATE LICENS,~ ~ectlon 18. A duplicate license may be ~sued by the ~icense Collector to replace any license previously issued hereunder which has been lost or destroyed, upon licensee, filing an affidavit attesting to such fae~, a~d at the time of filing such affidavit paying to the cerise Collector a duplicate license fee of fifty cents (50~). P0STING AND KEEP1NG LICENSES Section 19. Ail licenses must be kept and peered in t~ fol- iowI ~g menne~.~ Any licensee e~gaged in bus, ness at a fixed place of' bus, ness in the City of ~outh ~an Francisco shall ~eep the licen~ p~ted in a con- spicuous place upon the premises where ~eh business is carried ~~ LIO~ FOR ~CH P~CE OF ~S~ OR ~eti~n 20. ~eP~ate llc~ses must ~e obta~ for each brach esteblis~ent or lo, etlon of tM busi~:ss ~geged in, ~d each shall autMrize the licensee to en~ge only in the busi~ss licen~d thereby at the loeatim or in the ~nner desi~ated in ~ch llcmse; provi~ed that ~houses ~d dlstributtmg plants used In eonnectlon and incidental to busi~ss licensed under' this ordlna~e sh~l not be ~~ to be separate places of business or branch establf~bm~.ts. ~0 OR MO~ ~SIN~3 AT ~ LO~TI~' ~ctlon ~. ~henever any person is engaged in two or more busi- nesses at the ~e location end unde~ the s~e ~negement, such pers~ shall not be required to obtain a license for the c~rylng on of each of such businesses, but shall be issued ~ joint license, end the ~m of the average n~ber of ~ployees of ali of Such businesses so carried on hy him ~1! be used as the basis for computi~ the ~ount of license fee to be paid for the ~ryIng on of all such businesses; prcvi~ed th~ w~n two or more businesses ~e c~ried on at the s~e l~ation under ~lffer~t ~nagem~ts, the pers~ managi~ ea~ bus~neaa shall obtain a separate license for his ms~ctive business at said l~tim. ~ction ~2. ~1 license fees s~l be paid. im a~vance, ~d be due annu~ly on t~ 1st ~ay of ~ch. ~1 licenses Shall e~Ire at the ~d of the year re,inet ~g on the 28th day of Feb~ary followi~g. ~ction ~. ~ Cases ~ere a portion of the a~ual license per- lcd has elap~d prior to application for a llcen2, the ~ount of ~e fee payable shall be apportioned aa follows: if applicati~ is ~de in the first quarter of the year eo~encing on the fi~.st day of the ~nth of ~r~, the ~tire annual licen~ fee ~ell be paid; if appli~n in the ~con~ quarter of the ye~ so co~nc~g,t~e-fo~ths of the annual license fee shall be paid; if application is made i-n the third quarter of the year so commencing, one-half of the annual license fee shall be paid; and if application is made in the fourth quarter of the year so commencing, one-fourth of the annual license fee shall be paid. SWO~ Section EA. At the time of applying for a license hereunder, if'applicant has been engaged in business in the City of South San Francisco for one (I) year, he shall file a sworn statement showing the average number of persons employed by him in the City of South San Francisco during said year, which average number shall be used in arriving at the amount of license fee to be paid. In determining the average number, the number so employed on each of the pay days during said year shall be added together an~ the sum thex~:of divided by the number of said pay days. If applicant has not previously been engaged in bus, ness in the City of South San Francisco, or has been so engaged for less than one (1) year, he shall file a swore statement setting forth the estimated average number of persons he in,ends to employ in the City of South San Franc~.8co during tko ensuing year, and such estimated average' num- ber shall be used in arriving at the amount of license fee to be paid.~ At the end of the year such licensee shall file a sworn statement showimg the average number of persons actually employed by h~im cluing t~e year, determined by add.~ together the numbers employed on each of the pay days in th~ year and dividing the sum therJeof hy the num- ber of said pay ~ays. Xf the averai8 number actually ~mployed ex- eeeels the average number estimate! at the time the license was issued, the. licensee shall pay an additional sum equal to Seventy-five Cents~ (?5~f) for each one of the average number actually employed in excess of the averf~ge number estimate~, and if the average number actually employed is less than the average number esti mated, the licensee shall be entitled to a refund of a sum of money equal to Seventy-five cents (75~) for each one of the average number estimated in excess of the average number actually employed. ~eetiom 25. Any person, who fa~ls to file. any required state- merit and pay the amount of the license fee prescribed herein within \ thirty (30) days after it becomes due, shall be deemed delinquent,and shall be assesse~ a penalty of t~ ~ cent (1~) ~ said ~unt,whieh shall be~ part of the license fee th~ ~quired to be paid here- ~der, and if such delinquency cont~ues thereafter such person ~all be subject to all the f~ther penal provisi~s ~d ~me~tes in this ordinance ~ntained. ~ction ~,. ~, ~eh stat~ent ~all be con.s!ye aa to the ~tters ~t f~th therein, nor shall the filing of the s~ p~elude ~he City of ~u~ ~n F~n~scc from collecting by app~prtate aett~ such s~ as ts act. ually due a~d, payable hereunder. ~ch stat~.t and each of the seve~l it~s therel~ contained shall be ~bJeet to audit ~d verification by t~ Lle~se Collector,who is hereby ~t~- rized to ex~ine, audit, an~ inspect ~ch books and records of any llcemsee or applicant for li~nse, as ~y be meeessa~ i~ his Judg- ment to ve~ or asc:ertain the ~o~t of license fee due. ~1 licensees, applicante for licenses, and persons engaged business in the City of South ~n Francisco ~ he.by requital to pemit an ex.!nation of ~oh books an~ records for the put. scs aforesaid. ~ tnfomation or data obliged from such ex~ati~ or ~dit or from any state.hr ~qui~d hereunder s~ll be use~ fc, r the purpose of enforcing the p~visions of this o~in~ce and for no other pu~ose. FAI~ TO ~ 3TA~ 0R CO~C~ ~AT~ ~eti~ 2~. Xf any pers~ fails to ~e any ~equi~d statement wi$hi~ the t~ prescrf~d he.by, or if after de~n~ therefor made by the License ~lleetor he fails to flle a ~rreeted state, hr, the ~ense Collector ~y dete~ine the ~o~t of license fee due f~m ~ persmn by ~ans of such fnf~mtion as he may be able to obtain. In case such a determination is. made, the License Collector shall give a notice of the amount so assessed by servi.ng it persc~ally or by depositing it in the United &tates Post Office at South San Fran- cisco, Cali.formia,postage prepaid, addressed to the pers~n so assessed at his last ~nown address. Such person may, within ten (10) days after the mailing or serving of such. notice, make application in wrlti'~g'to the License Collector for a hearing om the amount of the license fee. If such application is made within the time prescribed, th~ License Collector must cause the matter to be set for hearing, within fifteen (15) days., before the City Council. The Council shall c~sider all evidence produced, and written notice of its f~n~l~gs thereon, which findings shall be final, shall be served upon 'the applicant in the manner presorlhed above for sexwice of notice: of assessment. ADD~TI017AL P0~R OF LI~ COLLECTOR ~ectIon 28. In addition ~o all other powere Conferred upon him the License Collector shall have the power, for good cause shown, to extend the ti~. for filing any required sworn statement f~r~ a period of not exce'edi~g thirty (~Q) days, and in such case to waive amy pen- alty t~t would otherwise have accrued; and shall have the further power, with t~e consent of the Council, to compromise any claim as to amount of license fee due. LXCE~ FEES PB~S~BED Section 2~. Every person engaged in any of the follow~mg bus,- nesaes, trades, or commercial c~ manufactux~ng enterprises in the City of 3curb ~an Franc~'sco shall pay annually a license fee of Ten Bolls,rs ($10.00) plus a sum of money equal to Seventy-five Ce~ts (VS~) per em- ployee for the average number employed or to be employed in the City cg ~outh San Frane~aco, as shown by the applicable sworn statement required under Section 2A, ~aid businesses, trades, and commercial and manufac- turing enterprises are as follows, to-wit: Mamufaet urfng (a) Every person engaged in th~ City of 3outh San Fmneis~ in the business of msnufacturimg, processing, or fabricat~mg any maehl~re, tool, instrumentality, or other product, airplane, ship, or other: arti- cle thing, or Whole sale (b) Every person engaged in the City of South San Francisco in the business of selling goods, wares, merchandise, or commodities at wholesale. Preparing or Preserving Foodstuffs. (c) Every person engaged in the City of ~outh ~an Francisco in the buslmess of slaughtering, canning, processing, or otherwise pre- paring or preserving meat, -fish, vegetables, fruit, or products there- of fo~ foodstuffs. Cd~ ~~. (~) Every person engaged in the City of South San Francisco in the business of operating a cold storage or refrigerating plant for the purpose of storing frUit's, .,Vegetables ,meat , fish,eggs, or dairy products. Animal or Vegetable or Fish lma~ducts or By-Products (e) Every person engaged in the City of South San Francisco in the business of steaming, Boiling, reducing, rendering, or cooking amy animal substance or matSer, fish SUbstance or matter, or vegetable sub- stance or matter, for the manufacture of fertilizer, fat oil, meal, or any other product or by-product of anY kind or character. Bakeries (f} Every person engaged in the City of South ~an Francisco in the business of operating a bakery. Selling Merchand i se. (g) Every person conducting any wholesale or retail or Jobb~rg business, or otherwise engaged in selling goods, wares, cr other things of value, and not. otherwise specifically licensed by this ordinance, in the CfCy of South San Francisco. Hotels,Apartment Houses and Rooming Houses (h) Every person ~nduet~ the business of a hotel,apartment house or rooming house im the City of south ~an Francisco. &utc O~s and Automobile CouPs Ii) Every person engaged in the City of South San Francisco in the business of operating an auto camp or automobile court. Barber ~hopa and Beauty Parlors (J) Every person engaged in the City of South San Fran,~Isco in the business of operating a barbar ~hop or beauty parlor. Automobtle C~rqges (k) Every person engaged in the City of South Sam Freneisco in the business of operating an automobile garage, ~ither for the repa~ or storage of automobiles, ~m both thereof. Photographers (i) Every person engaged in the City of South San Fl'qncisc~.in ~he business of operating a photographic studio. Print img Shops (m) Every person engage~ in the City of South ~an Franeisco in the business of operating a pr~rtIng shop. Re at au~aat a (n) Every person engaged in the City of ~outh ~an lecturing aec in the business of operating a restaurant. ~hoema~era and ~aoe ~epeirers. (o) Every person engaged in~e City cf South San Fr~c~co in the business of making or repairing of shoes, but keeping no stock of merchan- dise for sale. ¢ontraeto~ (p) Every persian engaged in the City of South San Franck'sec ~n the business of co~tractor of every cherecter. Publ!c Ac co~untant (~) Every person engaged in the City of Sout~ ~ ~rancisco in the business or occupation of public accountant. ~c.h~ne ~hops an~ Blacksmith ~hops (r) Every person engaged in the ~i~y of ~outh ~an le~encisco in t~e business of operati~g eny machine ~ep or ~y blaeksmit~ shop. Oerpenter ~hops (s) ~very person engaged in the- Oity of South San Francis.co in operating a carpenter shop. // ?? -11- Newspaper Agencies (ti Every person engaged in the City of South SamFraneisco the distr~Dution of newspapers. Real~,Estate Agents an~ Brokers (u) Every person engaged in the City c~South San Francisco in the business of acting as a real est.ate agent or real estate bro~r. Upholstery Mops (v) Every person engaged in the City of South San Francisco in the business of operating an upholstery shop. Window Cleaners (w) Every person engaged in the City of South ~e~ Francisco in the business of cleaning windows. Sect ion S1. Bo ~holesale or retail milk distributor pay~wg mill~ inspection fees to the City, or the County of ~ Marco, nor any public utility making franchise payments to the 0ity, or to the 3tare of Cali- fornia, shall be subject to the provisions of this ordinance. ~eotion S2. In the event that any person shall, before the ef- fective date of this ordinane~.~; have paid to said City any sum of ~oney ~s the license tax, un,er any other ordinance of said ~y, fc~-the fis- cal year commencl-ng July 1, I94S, and ending June ~0, 1944, or portion thereof, or for any portion of any succeeding fiscal year, such sum of money so paid shall be credited upon the license tax to be paid hereunder upon the effective date of this ordinance. Section 3S. The LiCense Collector is not required to send a notice or bill to any person subject to the provisions of this ordi- nance, and failure to send such notice or bill shall not affect the validity of any fee or penalty due hereunder. Section 3A. Thi~ ordinance shall remain in force until t~e 30th day of June following tBe cessation of ho~tilities in all wars in which th~ United States is now engaged. ~hfle this c~dlnance in effect, it shall supersede any existing provisions of other ox'dl- nantes, which are in conflict with this ordinsmce, but said provisi'ons are not ~epealed hereby and, after this ordinance is no longer effec- tive, they shall have the same force a~ though this ordinance had not been enacted. / ~-~ -1~- Section 55. This ordinenQe shall be published once in "The ~nterprise" a newspaper of general circulation printed and published in said city an~ shell take effect and be in fc~Qe on t~ fi~t day of ~reh, -0-0-0~0'0- ~ ordinance, as above entitled, was ~troduced on the 3rd day of January, l~4A, a~ t~r~fter ~e~ ~ the llth day of Janu- a~, 194~. Passed ~d adopted as an ordinance of ~e Olty of South Francisco at a regul~ meeting ~ the O~,~y Council of the C~ity of ~uth San ~,is~o this 'Z~ day Of~~ , 1944, by the following A~: