HomeMy WebLinkAboutOrd 261-1947 AN ORDINANCE PROVIDING FOR LICENSING ~.~
OF BUSINESS, PROFESSIONS, TRADES, ~'~.
CALLINGS AND OCCUPATIONS IN THE CITY ~
OF SOUTH SAN FRANCISCO.
The City Council of the City of South San Francisco does
ordain as follows:
ARTICLE I.
Definit ions
For the purpose of this ordinance, words used in the present
tense shall include the future, the plural shall include the singu-
lar and the masculine shall include the feminine and neuter, and
vice versa. Except as otherwise provided herein, other terms used
herein shall be defined as follows:
Section 1.01. AUCTIONEER: The term "auctioneer" is defined as
a person, who sells or offers for sale any real or personal property
at auction, exclusive of court sales, or who carries on the business
of auctioneer, whether at a fixed place of business in said city, or
not .
Section 1.02. BUSINESS: The word "business", wherever used in
this ordinance, shall be held and construed to mean and include
professions, trades, occupations and all and every kind of calling
carried on for profit or livelihood.
Section 1.03. CONDUCTING: The term "conducting" is defined as
and includes the act of conducting, managing or carrying on a certain
business or occupation.
Section 1.04. CONTRACTOR: The word "contractor" shall include
any person who shall do any type of construction work for an agreed
price or who shall hold himself out to the public as in such business
or who shall erect, construct, alter or repair any building or
structure for the purpose, of. selling or renting the same, a~ who does
not employ therefor a regularly licensed person. The word "contractor
shall~ include subcontractor.
Section 1o05. PUBLIC DANCE OR PUBLIC DANCE HALL: The terms
"public dance" or "public dance hall" are defined to mean any
dance or place where dancing is carried on and to which the public
is admitted, and a charge made therefor.
Section 1.06. DRUGLESS PRACTITIONER: A "drugless practitioner"
is one who practices the art of healing by other means than the use
of drugs, but exclusive of prayer or spiritual means.
Section 1o07. EMPLOYEE: The word ~employee", when used in this
ordinance, shall be construed to mean all persons engaged in the
operation or conduct of any business, whether any member of the
owner's family, partner, agent, manager, solicitor and any and all
other persons employed or working in said business.
Section 1.08. FIRE OR WRECK SALE: The expression "fire or
w~eck sale" is defined to be and includes the sale of goods, wares
or merchandise salvaged from a fire, wreck or other calamity or a
sale of goods, wares or merchandise advertised as a fire or wreck
sale; provided, that no license shall be required under the pro-
vision of this section for the sale of merchandise salvaged from
any fire, wreck or other calamity occuring in the City of South
San Francisco where same is conducted by the person who held such
license to conduct the business b, efore a fire or wreck, or other
calamity occurred.
Section 1.09. FIrE. D PLACE OF BUSINESS: A "fixed place of
business" is defined as a place of business regularly kept open,
with someone in charge thereof for the transaction of the particular
business engaged in during the hours customary to transact such
business.
Section 1.10. JOBBING COETRACTOR: A "jobbing contractor" is
dafined as any contractor who contracts for the repair or alteration
of any premises, or the construction of any appurtenance thereto,
where the contract price for labor and materials therefor does ne~
exceed $i00.00.
Section 1.11. JUNK COLLECTOR: For the purposes of this ordin-
ance the expression "junk collector" is defined as any person who
goes from place to place for the purpose of engaging in or carry-
ing on the business of collecting, buying or selling, either at
wholesale or retail, any old rags, bottles, sacks, cans, papers,
metals or any other worn out or discarded material.
Section 1.12. JUNK DEALER: For the purposes of this ordinance
the expression "junk dealer" is defined as any person having a fix-
ed place of business in the City of South San Francisco and who is
engaged in carrying om the business of buying or selling, either aS
wholesale or retail, any old rags, bottles, sacks, cans, papers,
metals or any other worm out or discarded material.
Section 1.13. PA~N BROKER: The expression "pawn broker" is
defined to mean and include every person conducting, managing or
carrying on the business of loaning money, either for himself or
any other person, upon any personal property, personal security,
or purchasing personal property and reselling or agreeing to resell
such articles to the vendor, or other assignee, at prices previously
agreed upon.
Section 1.14. PEDDLER: For the purposes of this ordinance the
word "peddler" is defined as a person who goes from house to house,
place to place, or in or along the streets within the City of South
San Francisco, selling and making i~mediate~ delivery, or offering
for sale and immediate delivery, any goods, wares, merchandise, or
anything of value, in the possession of such person, to persons
other than manufacturers, wholesalers, jobbers or retailers in such
commodities.
Section 1.15. PERSON: The word "person", unless otherwise
specifically provided in this ordinance, shall be held and con-
strued to mean and include natural persons of either sex, firms,
associations, co-partnerships and corporations, whether acting by
themselves or by any servant, agent or employee. The singular
number shall include the plural and the masculine shall include
the feminine.
Section 1.16.. APARTMEI~: The word "apartment" means a suite
of two or more rooms in an apartment house, which suite is used
or suitable for use as a dwelling for one family doing its own
cooking.
Section 1.17. APART~Eh~ HOUSE: The term "apartment house"
means a building containing two or more apartments.
Section 1.18. BOARDING HOUSE: The term "boarding house"
means a rooming house with a public dining room for paying guests.
Section 1.19. BIINGAL0~ COURT: The term "bungalow court" means
three or more detached one-story residences or duplexes located on
a single lot or group of lots, without regard to lot lines, toget-
her with said premises.
Section 1.20. C0~ERCIAL GARAGE: The term "commercial garage"
means a building and premises where motor vehicles are stored,
serviced or repaired for t~he public and where a charge is made there-
for.
Section lo21. COURT APARTI~ENTS: The term "court apartments"
means three or more attached or detached apartments located on a
single lot or group of lots, without regard ko lot lines, together
with said premises.
Section 1.22. FAMILY: The word "family" means one or more
individuals living on the smze lot as a single housekeeping unit.
Section 1o23. FLAT: The word "flat" means any two or more
storied residential buildings, each story of which, at least above
the first floor, is a single-family residence itself, and has a
separate main outside entrance from other residences in the same
building.
Section 1.24. HOTEL: The word "hotel" means a building or
portion thereof containing six or more sleeping rooms for hire.
Section 1.25. i~0TOR COURT: The term "motor court" means a
building or group of buildings, without regard to lot lines, to-
gether with said premises, used for the accommodation of transient
automobile tourists. It does not include a camp ground, and tents·
on same are hereby prohibited.
Section 1.26. ROOMING HOUSE: The term "rooming house" means
a building containing three or more sleeping rooms for hire.
Section 1.27. NAitUFACTURER: The term "msnufacturer" is defined
as one engaged in m_~king, fabricating or processing materials, fully
or partly finished into goods, wares, merchandise, or other things
of value suitable for use for the purpose of sale thereof directly
or through wholesalers or retailers.
Section 1.28. RETAILER: The term "retailer" is defined as one
who sells goods, wares, merchandise and other things of value for
profit by small quantities or parcels directly to the consumer.
Section 1.29. ~t0LESALER: The term "wholesaler" is defined
as one who sells goods, wares, and merchandise or other things of
value in bulk or in large quantities to another who intends to lease
or sell the articles purchased.
Section 1.30. SOLICITOR: For the purpose of this ordinance the
word "solicitor" is defined as any person who engages in the' business
of going from house to house, place to place, or in or along the
streets, within the City of South San Francisco, selling or taking
orders for, or offering to sell or take orders for, goods, wares,
merchandise or other things of vatue for future delivery or for
the services to be performed in the future.
Section 1.~l. STREET VENDOR: The term "street vendor" is
defined as a person who sells, offers for sale or advertises for
sale any goods, wares, merchandise or other thing of value from a
tray or stand in a street, or off his person, or by the means of
m~sic, singing, dancing, juggling, tricks, sleight of hand, buffoen-
cry, gymDastics, or by spectacular display, demonstrations, shows,
or performances calculated to draw a crowd of people. A street
vendor shall not engage in the business of peddling or soliciting,
as herein defined without having procured a license therefor.
~ection 1.~E. TE~PORARY VENDOR: For the purposes of this
ordinance the expression "temporary vendor" is defined as any person
who engages in temporary or transient business in the City of South
San Francisco, selling goods, wares, merchandise or any other thing
of value with the intention of conducting such business in said city
for a period of less than six (6) months, and who, for the purpose
of carrying on such business, hires, leases or occupies any room,
vacant lot, building or other place for the exhibition or sale of
goods, wares, merchandise or other thing of value for a period of
less than six (6) months~ provided, however, that this section shall
not apply to sample rooms for the display and taking orders for goods
at wholesale.
~ection 1.~3. VEHICLE: For the purposes of this ordinance t~
word "vehicle" is defined as every device in, upon or by which a
Derson or property .is or me_y be t~ransported or drawn upon a public
s~reet, excepting, devices moved by human power or used exclusively
upon statipna=y rails or tracks. A trailer shall be treated as a
separate vehicle.
ARTICLE II
Bureau of Licenses
~uties and Powers
Section 2.01. BUREAU OF LICENSES Ah]) PERN]~S: A bureau of
licenses and permits is hereby created which shall be composed
of.the mayor, license collector, chief of police and building in-
spector of said city.
Section 2o0~. DUTIES AND POWERS: (al BUREAU. It shall be
the duty of the bureau of licenses and permits and it shall hmLve
the power to administer this ordinance in accordance with the term~
hereof.
(b) COLLECTOR.. It shall be th~ duty of the license collector
and he shall have the power to regularly and promptly require the
licensing of all businessess regulated herein and to cause the
collection of fees therefor and the prosecution of all persons
violating any of the provisions hereof.
(cl GENERAL. The license collector of the City of South San
Francisco, and all license inspectors and employees of ~the bureau
of licenses and permits, in the discharge and performance of their
official duties, and all police officers shall have and exercise
the power and it shall be their duty:
First: To ~ke arrests for the violation of any of the provisions
of this ordinance.
Second: To enter free of charge at any time any place of business
for which a license is required, to demand the exhibition of such
license for the current !~erm from any person engaged or employed in
the transaction of such business.
ARTICLE III.
Licenses and Permits Required
Section 3.01. LICENSE REQUIRED: It shall be unlawful for any
person, either for himself or for any other person, to commence or
carry on any business in the City of South San Francisco, without
first having procured a license from said city so to do, where a
license is required by this ordinance, or without complying with
any and all regulations of such business contained in this ordinance.
Section 3.02. SEPARATE LICENSE FOR EACH PLACE OF EUSINESS: A
separate license must be obtained for each and every branch establish-
ment or separate place of business in which a business is carried on.
Section 3.03. ~HEN DUE: ~l licenses provided herein to be paid
anmually shall be due and payable on January i of each year. If pay-
able semi-annually, they shall be due and payable on the first days
of January and July of each year, and if payable quarterly they shall
be due end payable on the first days of January, April, July and October
of each year. They shall be valid only for the period issued.
Section 3.04. LICENSE FOR LESS THAN YEAR: When any business shall
be commenced more than ~.hree (3) months after the beginning of the cal-
endar year, and less than six (6) months after the beginning of the
calende~ year, three-fourths of the annual license fee shall bell,paid,
as herein provided; if such business shall be commenced more than
six (6) months after the beginning of the calendar year, and more than
three ~3) months before the end of the calendar year, one-half of the
license fee shall be paid., as herein provided; and if such business
shall be commenced more than nine (9) months after the beginning of
the calendar year, then one-fourth of such license fee shall be paid,
as herein provided.
ARTICLE
Application and Iss~,ence
Section 4.01. Application and issuance of license: When a
person shall seek his first 'license to engage in any one of the
kinds of business in this section designated, as for a newly estab-
lishe~ business, he shall make application to the City Council for
a permit for such license upon a form provided therefor. The kinds
of business for which a permit of said City Council is required
are as follows:
~musement concessions, apartments, auto camp, bakery, barber
shops, beauty parlor, bicycle shop, blacksmith shop, ornamental
iron works and horseshoeing shop, boot black stand, bottling works,
bowling a. lley, boxing exhibition, cabarets, carnival, carpenter
shop, circus, cleaning and dyeing, dancing studio, dog boarding
kennel, dog and cat hospital, employment agency, exhibitions, fairs,
finance company, florist~rage, furniture repair shop-, gasoline
service station, hotel, junk collector, Junk dealer, laundry, medium,
music studio, pawn broker, pet shop, photographer, pool halls,
printing shop, public dances, real estate agent or broker, restaurant,
rooming houses, second hand store, shooting galleries, skating rink,
soft drinks, stores for the sale of goods, wares and merchandise,
tailor shop, theatres, turkish baths, undertaker, upholstery shop,
ven~ing machines and wrestl~ng exhibition.
Section 4.02. APPLICATION for ali licenses, other than those
specified enumerated in Section 4.01 of this ordinance, shall be
made to the bureau of licenses and permits.
Section 4.03. APPLICATION FOR ISSUANCE OF RENEWAL OF LICENSE:
In all cases application for a renewal of an expired license shall
be mede to the bureau of licenses and permits, who m~ey grant a re-
newal of any such license, except where a license has been revoked
by order of said City Council.
Section 4.04. AFFIDAVIT FOR ISSUANCE OF FIRST LICENSE:
Upon a person making application for the first license to be issued
hereunder, or for a newly established business, he shall furnish to
the bureau of licenses and permits, for its guidance in ascertain-
ing the amount to be paid by the applicant, a written statement,
upon a form provided by the bureau of licenses and permits, sworn
to before a person authorized to administer oaths, setting forth
such information as may be therein required and aa may be necessary
to properly determine the amount of the license to be paid by the
applicant.
Section 4.05. AFFIDAVIT FOR ISSUANCE OF RENEWAL OF LICENSE:
In all cases, the applicant for the renewal of an expired license
shall render to the bureau of licenses and permits, for its
guidance in ascertaining the amount of the license to be paid by
the applicant, a written statement of the character of that provided
in Section 4.04 of this ordinance.
Section 4.06. INTERSTATE COM~ERCE: Every peddler, solicitor
or other person claiming to be entitled to exemption from the pay-
sent of any license provided for in this ordinance upen the ground
that such license casts a burden upon his right to engage in commerce
with foreign nations or among the several states, or conflicts with
the laws of the United States Congress respecting interstate commerce,
shall file verified statement with the
a
City
Clerk,
disclosing
the
interstate or other character of his business entitling such exempt-
tion. Such statement shall contain the name and location of the
company or firm for which the orders are to be solicited or secured
the name of the near, st local or state manager, if any, and his
address, the kinds of goods, wares or merchandise to be delivered,
the place from which the same are to be shipped or forwarded, the
method of solicit&tion or taking or, ers, the location of any ware-
house, factory or plant within the State of California represented
l0
by such peddler or solicitor, or other person so claiming exemption,
the method of delivery, the n~m~ and location of the residence of
the applicant, and any other facts necessary to establish such claims
of exemption. A copy of the order blank, contract form, or papers
used by such person in taking orders shall be attached to the
application.
· Section 4.07. VETERANS: Every peddler, solicitor or other per-
son claiming to be entitled to exemption from the payment of any
license provided for in this Gr. dinance upon the ground that he is an
honorably discharged er released soldier, sailor or marine of the
United States or Confederate States who is physically unable to
obtain a livelihood by manual labor and who shall be a qualified
elector of the State of California, as provided or hereafter to be
provided by Section 16~001 of the Business and Professions Code, or
other law of this state, shall in addition to the information require-
d in Section 4.04 hereof, also file with said Bureau a certificate
of a regularly licensed and practicing physician dated within a
month of said application to the effect that said applicant is
physically unable to obtain a livelihood by manual labor, and stating
the nature of said incapacity.
Section 4.08. AFFIDAVITS, STATE~I~TS, CERTIFICATES NOT CONCLUSIVE:
No affidavit, statement or certificate required under any provision
of this ordinance shall be conclusive upon the City of South San
Francisco, or any department, officer or agent thereof, and whenever
it shall appear to the satisfaction of said City Council, orany
member or officer shall have reason to believe that such affidavit,
statement or certificate does not set forth the true facts required
by this ordinance, the said City Council, or said officer, may with-
hold the issuance of the license until such time as the applicant shall
furnish satisfactory evidence of the truth of such statement, affidavit
or certificate.
Section 4.09. REVOCATION: If said bureau of licenses and
permits, or any officer or agent thereof, shall have reason to
believe that any such statement, affidavit or certificate, upon which
any license or permit has been issued, does not set forth the true
facts called for hereunder, and if within five (5) days after demand
has been made therefor, such true facts are not furnished, said
matter shall be reported to said bureau. Said bureau shall have
powBr to issue an order to show cause, based upon five (5) days'
written notice to such licensee, at a time and place to be fixed in
said notice, why such license should not be revoked, or why a fee,
to be determined by said bureau, and specified in said notice should
not be fixed for such licensee. Said bureau shall have the same
powers upon said hearing as provided for the heari~gon appeals to
it in the first instance, end its determination shall be subject to
review by the applicant to the City Council. Upon such hearing,
the determination of said City Council shall be final.
Section 4.10. APPEAL TO BUREAU: The licensee may appeal in
writing to the bureau of licenses and permits within ten (10) days
after the rejection of any application or permit by the license
collector. The bureau shall forthwith set said matter for hearing
and cause notice of the time and place thereof to be given to the
applicant not less than five (5) days prior to such hearing. At
such hearing the applicant shall appear and offer evidence in support
of his application. After such hearing, if proper showing is made
entitling applicant to said license or permit, the bureau shall
determine the proper fee to be charged and shall forthwith give
written notice to the licensee of such determination and of the
amount of such fee.
Section 4.11. REVIEW BY COUNCIL: The licensee may apply in
writing to the City Council within ten (10) days after notice of
any determination by the bureau of licenses and permits for a review
12
of its decision. The Council shall forthwith set said matter for
hearing and cause notice of the time and place thereof to be given
to the licensee not less than five (51 days prior to such hearing.
At such hearing the licensee shall appear and offer evidence in
support of his application and, at such hearing, the Council shall
have power to confirm, modify or correct the determination ef said
bureau of licenses and permits in any regard, and if proper showing
is made entitling such ap,plicant to a license or permit, shall deter-
mine the proper fee to be charged.
Section 4.12. DECISION FINAL: The decision of the license
collector, in the absence of au appeal to the bureau, and the decision
of the bureau in the absence of an appeal to the Cit. y Council and the
decision of the City Council in any review shall be final and con-
clusive upon any and all persons affected thereby. Any fee finally
determined shall be due and payable as of the date the original
license fee was due and payable, together with any penalties that me__y
be due thereon; provided, however, that if such fee shall be fixed
in accordance with the original statement of the licensee, then no
penalty shall attach to such fee by reason of such delinquencies.
Section 4.13. ISSUANCE OF SUBPOENAS: ADMINISTERING OATHS: The
bureau of licenses and permits shall have power to issue subpoenas to
require the attendance of witnesses and the production of records and
documents at any hearing provided for under this ordinance. The
license collector shall have the power to administer oaths in the
execution of any affidavit, statement or certificate herein required.
Section 4.14. NOTICE: Any notice required under this ordinance
to be given shall be de~med to have been served when the same has
been deposited at South San Francisco in the United States mail,
enclosed in a sealed envelope, postage prepaid, addressed to such
person at his place of business as the address of the same al~pears
in the records of the bureau of licenses and permits, and if no
such address appears, then to his last known address, and if there
is no last known address, then such notice shall' be addressed to 13
him at the City of South San Francisco, California.
Section ~.10. C0~IDENTIAL D0~S: The affidavit, state-
ments and certificates and any other documents required by this
ordinance to be filed shall be deemed confidential in character and
shall not be subject to public inspection, and shall be kept so that
the contents thereof shall not become known, except to the persons
concerned with the administratien of this ordinance. Any officer or
empleyee of this city, who shall wilfully violate any provision~ of
this section, shall be deemed guilty of a misdemeanor and shall be
punished as in this ordinance provided, and such violation shall be
cause for discharge from the service of the city.
Section 4.16. TRANSFER OF LICENSE: No license or permit
issued under any provision of this ordinance shall be in any manner
transferred or assigned, or authorize any person not named in the
license to carry on the business therein named. No such license
or permit shall authorize any person named in the license to trans-
act such business in any place other than the place or location
therein named, without the ~onsent of said City Council. '~hen the
place or location for carrying on of such business shall be changed,
the person applying for such transfer or change shall pay a fee of
$2.00 for recording such change of location.
Section 4.17. LOST LICENSE: A charge of SB.00 shall be made
for each duplicate license issued to replace any license issued
under the provisions of this ordinance which has been lost or
destroyed. The licensee shall make satisfactory proof of such loss.
Section 4.18. LICFA~SE A~{D PERi. IT, ~HEN POSTED OR CARRIED: Every
person having a license under the provisions of this ordinance and
carrying' on a business at a fixed place of business, shall keep such
license posted and exhibited, 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, or having a free permit, shall carry such license
or permit with him at all times while carrying on the business for
which the same was issued.
ARTICLE V.
Vehicle License
Section 5.01. UNLAWFUL TO OPERATE VEHICLE WITHOUT A LICENSE: It
shall be unlawful for any person to drive or operate, or use, or cause
to be driven, operated or used, any vehicle used in the conduct of his
business within the City of South San Francisco without the license
plate attached as herein required, or to remove, or deface or cover
up same, or to place such license plate upon any vehicle other than
a vehicle used by the applicant in his business, or drive or operate
or cause to be driven or operated, any such vehicle more than thirty
(30) days, a~ter the expiration of the period for which any license
was issued, without payment of a new license fee.
Section 5.02. LICENSE FOR SUBSEQUENTLY ACQUIRED VEHICLES: If,
subsequently to the issuance of any license and prior to its expira-
tion date, any licensee shall use any vehicle in his business for
which a license has not been issued, he shall procure a license for
such vehicle from the City Clerk. If the license therefor is baseA
upon vehicles, he shall pay the vehicular license herein provided for.
Section 5.03. ISSUANCE OF VEHICLE LICENSES: Upon the payment of
a license fee, the license collector shall deliver to the licensee
one (1) license for each veh~le used by the licensee in the conduct
of his business, together with a suitable plate representing such
license, which said license plate shall be securely fastened at a
conspicuous place upon such vehicle.
Section 5.04. STREET-FUND. VEHICLE TAX: All moneys derived
from any vehicle license tax herein provided shall be deposited
in the general fund of said city.
ARTICLE VI.
Form of Licenses, Permits and Cards
Section 6.01. BUSINESS LICENSE: Except where a permit from
the CitY Council is necessary, every person required to have a
business license under this ordinance shall make application for
the same to the bureau of licenses and permits of said city, and
upon the payment of the prescribed fee, the license collector shall
issue to said person a license which shall contain:
(1) the name of the person to whom the license is issued,
(2) the business licensed,
the place where such business is to be carried on,
(4) the date of the expiration of such license,
~) a receipt for the amount of money paid for said license,
(61 such other information as said bureau shall determine.
A~ter a permit has been grauted by said City Council, when such permit
is required by this ordinance, the license collector shall issue a
license in the form in this section provided, upon the payment of the
~re scribed fee.
Section 6.0£. FREE LICENSES: Every free license shall contain
the matters required by Section 6,01 hereof and such other information
as the Ci~ Council shall require, except that no payment of money
shall be recited.
Section 6.03. IDENTIFICATION CARD: The bureau of licenses and
permits shall issue to each person, to whom a license is issued, an
identification card for each employee who is engaged in the regular
conduct of the business of the licensee, where such identification
card may be deemed necessary. Such identification card shall be
16
carried by each such employee at all times while carrying on the
business for which a license shall be issued. Such identification
card shall be produced and exhibited on demand.
Section 6.0~. VEHICLE LICENSE: Each vehicle license shall
have t~ereon the words "South San Francisco", the year for which same
is issued, and contain such other information and be in such form as
said City Council shall require.
ARTICLE VII.
Enfo rceme nt--penalt ie s
Section 7.01. PENALTY FOR NON-PAY~T OF AN~UAL LICF~S~:
Every annual license fee which is not paid within a period of thirty
~0) days from the time the same becomes due and payable, is hereby
decls~ed to be delinquent, cad a penalty of ten per cent (10%) of the
license fee so delinquent shall be added to said license fee and coll-
ected. I~ such license fee shall not be paid within sixty (60) days
from the time such license fee becomes due and payable, an additional
sum of fifteen (10) per cent of said license fee shall be added to
said license fee and collected as a penalty.
Section 7.02. PENALTY FOR NON-PAYN[ENT OF A QUARTERLY LICENSE
FEE: Every quarterly license~ fee which is not paid within a period
of ten. (10) days from the time ~the same becomes due and payable, is
hereby declared to be delinquent, and a penalty of ten per cent (10%)
of the license fee so delinquent shall be added to said license fee
and shall be collected. If such license fee shall not be paid within
thirty C~0) days from the time such license fee becomes due and payable,
an additional sum of fifteen per cent (15%1 of said license fee shall be
added to said license fee and collected as a penalty.
Section 7.05. PEN~TY FOR NON-PAY~Eh~£ OF A DAILY LICENSE FEE:
Every daily license fee which is not paid at the close of business on the
day when the same was due and .payable, is hereby declared to be
delinquent, and a penalty of fi£~een per cent (15%) of said license
fee so delinquent shall be added to said license fee and shall be
collected. If such license fee shall not be paid within three (3)
days from the time such license fee is due and payable, an additional
sum of twenty per cent (20%) of said license fee shall be added to
said license fee and collected as a penalty.
Section 7.04. CRIMINAL PEi~ALTY: Any person violating any of
the provisions of this ordinance shall be deemed guilty of a m~s-
demeanor and upon conviction thereof, shall be punished by a fine of
not less than Five Dollars ($5.00) or more than Five Hundred Dollars
($500.00), or by imprisonment for a period of not more than six (6)
months', 'or by both such fine and imprisonment. Every person continu-
ing, committing or permitting any violation of any provisions of this
ordinance shall be deemed guilty of a separate offense for each and
every day of said violation of this ordinance.
Section 7°05. CONVICTIONS FOR VIOLATING ORDINANCE NOT WAIVER
OF LICENSE: The conviction and punishment of any person for trans-
acting busineSs .without a license shall not excuse or exempt any per-
son from the payment of any license fee due or unpaid at the time of
such conviction, and nothing herein shall prevent a criminal prosecution
of any violation of the provisions of this ordinance.
Section 7°06. LICENSE FEE A DEBT: The amount of any license
fee and penalty imposed by this ordinance shall be deemed a debt to the
City of South San Francisco. Any person carrying on any business with-
out first having procured a license from said city so to do shall be
liable to an action in the name of said city in any court of competent
jurisdiction, for the amount of license and penalties imposed on such
busine s s.
Section 7.07. EVIDENCE OF LIABILITY: In auy action brought
under, or a~ising out of any of the provisions hereof, the fact that a
18
party thereto represented himself as engaged in any business or calling
for which a license is required, or that such party exhibited a sign
indicating such business or calling, shall be conclusive evidence of
the liability of such party to pay for a license for such business.
ARTICLE VIII.
License Fees
Section 8.01. RETAILERS, JOBBERS AND PERSONS AbED OTHER BU~NESSES
NOT SPECIFICALLY LICENSED: Every "retailer", "wholesaler", or "person"
otherwise engaged in the sale of goods, wares, merchandise or other thing
of value in the City of South San Francisco, and not otherwise specific-
ally licensed by this ordinance or any other ordinance of the City of' South
Sa~ Francisco, shall pay an annual license fee of $25.00, payable annually
in advance.
Every person engaged in any ~ind of manufacturing in said city
shall pay an annual license fee, annually in advance, as follows: Where
the number of persons employed by such person does not exceed eight (8),
the fee Shall be Twenty-five Dollars ($25.00); where the number of persons
employed by such person exceeds eight~ (8) but does not exceed twenty-five
(25), the fee shall be Fifty Dollars ($50.00); where the number of persons
employed by such person exceeds twenty?five (25), but does not exceed one
hundred (100), the fee shall be One Hundred Dollars ($100.00); where the
number of persons employed by such person exceeds one hundred (100), the
fee shall be One Hundred Fifty Dollars ($150.00).
Section 8.02. PEDDLER: FOODSTUFFS: Every person conducting the
business of selling and delivering any food for human consumption
directly to the consumer thereof by the means of a regular system of
delivery wagons for the purpose of making sales and deliveries whether
upon a fixed route in said city, or otherwise, shall pay an annual license
fee, annually in advance, as follows:
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(a) Fruit and vegetables $200.00
(b) Meat and poultry 200.00
(c) Fish 200.00
(dl Pastry products 200.00
(e) Grocery products 200.00
(f) Butter, eggs, cheese 200.00
Section 8.03. GENERAL: Every person conducting the business of
peddling any goods, wares, merchandise, or other thing of value not other-
wise specifically licensed by this ordinance or any other ordinance of
the City of South San Francisco, excepting newspapers,, period and
publications, shall pay an annual license, annually in advance, of One
Hundred Fc~ Dollars ($140.00) and Five Dollars ($5.00) per day for each
person in excess of two (21. employed within said city for such business.
Section 8.04. SOLICITORS: Every person conducting the business
of solicitor shall pay, quarterly in advance, a license fee of Seventy-
five ($75.00) Dollars per quarter.
Section 8.05. STREET VENDOR. Every person conducting the busi-
ness of "street vendor" shall pay, daily in advance, a license fee of
Ten Dollars ($I0.00) per day. Such person shall first obtain a permit
stating the location at which said business may be carried on before a
license shall be issued; provided no permit shall be issued for carrying
on business within one thousand (1,000) feet of the boundary lines of a
school yard, public park or public playground.
Section 8.06. TEMPORARY VENDOR. The person conducting the busi-
ness of a'temporary vendor~ shall pay, daily in advance a license fee of
Twenty Dollars ($20.00) per day and the sum of Five Dollars ($5.00) per
day for each person employed within said city in such business in excess
of three (3) persons.
Section 8.0?. AUCTIONEER. A~y person conducting the business of
"auctioneer" shall pay, daily in advance, a license fee of Fifty Dollars
($50.00) for the first day during ~hich he conducts any auction sale, and
Fifty Dollars ($50.00) per day, in advance, for each subsequent da~. At
least five (51 days prior to each auction sale, he shall be required to
file with the bureau an itemized list of the property to be sold.
2o
Section 8.08. HOTELS AIiD ~00~IINC- HOUSES: Every person conduct-
ing the business of "hotel" or "rooming house" shall pay, annually in
advance, an annual license fee of Two Dollars ($2.00) per room per year.
Section 8.09. CIRCUS, ETC.: Every person conducting the business
of a circus, menagerie, wild west show, or any other like or similar
exhibition given under or surrounded or partially enclosed by canvas
shall pay, i~ advance, a license fee of Two Hundred Dollars
for the first day and Fifty Dollars C$O0o00) for each additional day.
Section 8.10. CAP~IVALS: Every person conducting any carnival,
or other like or similar exhibition or amusement, shall pay, in advance,
a license fee of Two Hundred Dollars ($200.00) for the first day and
Fifty Dollars ($50.00) for each additional day. No portion of any
street shall be used for the purpose of conducting any carnival.
Section 8.11. AMUSEMENT CONOESSIONS: Every person conducting
any amusement concession, not operated in conjunction with a carnival,
shall pay a quarterly license, in advance, as follows:
~a) Merry-go-round, ferris wheel, scenic-railway, chute-the-
c~utes, dodgem, swing, or other mechanical device for the carrying o£
passengers, One Hundred Dollars ($100.00).
(b) Ball and ring throwing games, spin-the-wheel, mechanical and
electrical games, shooting gallery, kenno, lotto, and other and similar
games' of chance, Fifty Dollars ($50.00).
(c) Sales of M~erchandise or foodstuffs, not in connection with
~uy game of chance, Fifty Dollars ($50.00).
Section 8.12~ BOXING A~D WRESTLING EXHIBITIONS: Every person
staging a boxing or wrestling exhibition shall pay a quarterly license
of Fifty Dollars ($50.00), in advance.
Section 8.13. ~EDIUMSHIP: Every person who carries on, practices
or professes to practice the business or art of astrology, palmistry,
phrenology, life-reading, fortune-telling, cartomancy, clairvoyance,
clairaudience, crystal-gazing, hypnotism, mediumship, prophecy, augury
21
divination, magic, or necromancy anti'emends or re'es a fee for the
exercise or exhibition of his art therein directly or indirectly,either
as a gift, donation, or otherwise, or who gives an exhibition thereof
at any place where admission is charged shall pay, in advance, a license
fee of One Hundred Dollars' ($100.00) per day.
Section 8.1~. BOWLING ALLEY, ETC.: Every person conducting a
public bowling alley, skee ball, bat ball, or other similar devise, equip-
e~ or means of entertainment shall pay, in advance, an annual license
fee of Twenty Dollars ($20.00) per each alley.
Section 8.15 VENDING ~MACHINES: Every person conducting the
business, of selling goods, wares or merchandise by means of vending
machines in or upon or over and along any public street or alley, or
other public place, or any place of business shall pay, in advance, an
annual license fee as follows:
(al ~here the slug or coin is of the value of one cent
One Dollar ($1.00) per machine.
(b) Nhere the slug or coin is of the value of more than one cent
(i¢~, Two and 50/100 Dollars ($2.50)per machine.
~ection 8.16: TOOL SHARPENING SERVICE: Every person conducting
the business of grinding or sharpening scissors~ves, cutlery, lawn-
mowers, or mechanical tools, except as hereinaf~ter expressly provided,
when the person conducting such business travels from place to place,
or from house to house and operates by means of any vehicle, Twenty
Dollars ($20.00) per vehicle per year in advance.
Section 8.17. Every person conducting the business of furnishing
the use of band saws, plates and knives for meat grinders, or saws or
knives for any business in said city Fifty Dollars ($50.00) per year,
payable annually in advance.
Section 8.18. C0k~RACTORS: Every person conducting the business
of contractor of the kinds in this section classified shall pay, in
advance, an annual license fee as follows:
22¸
I. brick $30.00 11. paving $I00.00
2. building 40. O0 12. plastering 40. O0
3. cement 30.00 13. plumbing 50.00
4. electrical 50.00 14. roofing 50.00
5. floor 30.00 15. weather stripping 50.00
6. glazing 30.00 16. sewer 56.00
7. heating 50.00 17. sheet metal 20.00
~. housa moving 50.00 18. spraying AS. OG
9. jobbing 20.00 19. tile ~6.00
t0. painting 50.00 20~ general contractor 25.00
21. any other contractor not
specifically mentioned 20.00
E~CAVATION C0k~RACTORS: Every person Who shall engage in the
business of excavating and moving earth, or in the busines of moving
earth, in the City of South San Francisco for compensation shall pay an
annual license fee in advance for each vehicle used by such person in
that business, based upon the carrying capacity of such vehicle, as follows~
CLASS PER YEAR
Under 1 ton $ 3.00
i ton and less than 2 tons 5.00
2 tons and less than 3 tons 10.00
3 tons and less than 4 tons 17.50
~ tons and less than 6 tons 25.0G
6 tons and less than 8 tons 37.50
8 tons and over 50.00
A trailer used in connection with the excavation and moving of
earth shall be subject to a license fee according to the above schedule.
Every general contractor who shall engage in the business of
excavating and mov%ng earth, or in the business of moving earth for
compensation in said city shall pay, in addition to the fee specifically
hereinbefore required to be paid by general contractors, fees according
to the above schedule.
Section 8.19. MISCELLANEOUS CLASSIFICATION: Persons conducting
shy of the following businesses shall pay an annual license fee as follows:
1. ac count a~t $25.00
2. appraiser 25.00
3. a~chitect 25.00
4. attorney 25.00
51. audit or 25.00
6. auto c~mp and auto court (Plus $2 for
each cabin)
7. asylum 100.00
8. barber shop, for 2 chairs (plus $2 15.00
for each additional chair)
9. bath house 15.00
10. beauty parlor(plus $2 for each addition-
al operator over 2) 20.00
i1. beer agency 75.00
12. Bicycle shop 15.00
13. billiard room, per table 15.00
14. blacksmith shop 25.00
15. bootblack stand i0.00
16. building and loan association 100.00
17. busses (eachl 50.00
18. cabinet maker 20.00
19. carpenter shop 20.00
20. chimney sweep 15.00
21. chiropracter 25.00
22. civil engineer 25.00
23. claim adjuster 25.00
24. cobbler without machinery lO.O0
25. collection agency 25.00
26. commercial airports not engaged in inter-
state commerce 100.00
2?. dancing studio and schools 20.00
28. dentist 25.00
29. dining room with hotel 25.00
30. dog boarding kennel 50.00
31. dog and cat hospital 50.00
32. drugless practitioner 25.00
33. dry cleaners 25.00
34. employment agency 50.00
35. finance company 50.00
36. florist 25.00
37. furniture repair 15.00
38. golf course (practice) 25.00
39. insurance adjuster 25.00
40. juke boxes 50.00
J41. junk collector 25.00
42. junk dealer 50.00
43. laundry and laundry agents 25.00
44. landscape gardener 25.00
45. machine shop 30.00
46. marble and granite works 50.00
47. mattress maker 25.00
48. mercantile agency 25.00
49. miniature golf course 25.00
50. motorcycle shop 25.00
51. moving picture theatre (per seat) 00.25
52. music studio 25.00
53. newspaper agency 25.00
54. nursery 25.00
55. osteopathic physician 25.00
56. pawn broker 200.00
57. pet shop 25~00
58. photographer 25.00
59. physician 25.00
6G. pool room, per table 15.00
61. real estate and insurance (plus $5 for 25.00
each salesman in addition to the proprietor)
62. restaurant 25.00
63. second-hand store 25.00
64. sign painter 15.00
65. sign wagons, with or without sound
equipment 25.00
~ ~ 66. sign painter contractor 25°00
67. skating rink 100.00
68. taxi cabs, each 25.00
69. tailor shop 15.00
70. telephone 1000.00
?l. towel supply 40.00
72. turkish baths 25.00
73. trailer courts and trailer camps (plus 50.00
$2 for each trailer space)
74. undertakers 25.00
75. upholstery shop 25.00
76. veterinarian 25.00
77. window cleaner 25~00
78. water company 1000.00
79. any other business, occupation or
profession not hereinbefore specifically
licensed 25.00
0ne-half (1/2) of each license fee provided for in this
section shall be payable semi-annually in advance.
Section 8.20. A permit from the City Council shall be required
for the conduct of any private school.
Section 8.21. Except where the licensee shall be engaged in the
business of excavating and removing earth, or in the business of mov-
ing earth, in said city, every person who shall use any vehicle in
connection with the business conducted by such person shall pay a
vehicle license tax of One Dollar ($1.00) per year for each such vehicle,
annually in advance~.
Section 8.22. STREET DECOP~TORS: Every person who shall engage
in the business of street decoration shall pay, in advance, a license
fee of $20.00 for the period of time which shall be covered by any
~vent or occasion during which street decorations may be required by
any person upon buildings or streets in said city.
ARTICLE IX.
General provisions
Section 9.01. SUPPLEN~ItTAL CHARACTER: This ordinance is
hereby declared to be supplemental to every ordinance of the City
of South San Francisco now in effect and not repealed hereby, or here-
after to be adopted, and which provides for the licensing, for revenue
and regulation, the carrying on of any business, profession, trade,
calling or occupation.
Section 9.02. PURPOSE: The purpose of this ordinance is to
license, for revenue, and regulation, the carrying on in the City
of South San Francisco of various lawful businesses, professions,
trades, callings and occupations. Where it is lawful to license for
purposes of both revenue and regulation, then the license hereunder
is for those purposes. ~nere it is lawful to license only for
regulation, then the license hereunder is for that purpose. '~nere
it is lawful to license only for revenue, then the license hereunder
is for that purpose.
Section 9.03. CONSTITUTIONALITY: 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 ordinance, as the City
Council 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,
clauses or phrases be declered invalid or unconstitutional.
Section 9.04. I~AME OR DESIGNATION: This ordinance shall be
known as "South San Francisco Business License 0rlinance".
S~ction 9.05. ~herever in this ordinance a license fee is pay-
able semiannually, the amount of license fee to be paid for the period
commencing with the effective date of this ordinance to the end of the
first half year, shall be calculated in proportion to the time be-
tween said effective date and the 1st day of July, 1947. Wherever
the license fee is payable annually, three-fourths thereof shall
26
become due on the effective date of this ordinance.
Section 9.06. TAKING EFFECT: This ordinance shall take
effect and be in .force on the let day of April, 1947.
Section 9.07. This ordinance shall be published once in
"The Enterprise", a newspaper of general circulation printed and
published in said City of South San Francisco.
* * * * ~
Introduced this /~ day of February, 1947.
Passed and adopted as an ordinance of the City of South San
Francisco at a regular meeting of the City Council of the City of
South San Francisco, this ~~day offS, 1947, by the
following vote:
Ayes, Councilmen ~~~~~ ~~ ~~
Noes, Councilmen ~ ~
Absent, Councilmen ~ ~~-..t' '
Approved:
Mayor of the City of
South San Francisco.
Attest:
2'7