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HomeMy WebLinkAboutOrd 161-1933 ORDZ~CE CARRYII~G 0)? OF VARICl~S LA~TFUL ~SiI,~,SSES, ~ROFESSI0?~S, TR~ES CALL- ~[GS ~ 0CC%~ATI~IS. · ' The City Co~cil of the City of South S~ Francisco do ordain as follows: ARTICLE I. DEFI~ITI ONE Section 1.01 AUCTI01~: The te~ "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 Section 1.0E. ~ISI~.~SS: The word "business" wherever used in this ordin~ce shall be held and construed to mean and include profess- ions, trades, occupations and all and every kind of calling carried on for profit or livelihood. Section 1.05. COI~%TCTI~IG: The term "conducting" is defined as and include& the act of conducting, msnaging or carrying on a certain business or occupation. Section 1.0~. C0~RA~0R: The word "cent?actor" shall include any person who shall do any t~e of construction ~7ork for an agreed price, or who shall hold himself out to the public as in such busi- ness or who shall erect, construct, alter or r~pair any building or structur~ for the purpose of selling or renting the ~'ame, and does not employ bherefor a regulal-ly licensed person. Section 1.05. D~CE 0~ D~CE i~L (?J~LiC): Tho t~s"public dance or ~ublic dance hall" are d~fined to me~ any dance or place where dancing is caracoled on and to which the Dubl%c is ad~itted, ~d a charge made therefor. Section 1~06. DRUG~S i~R2~CTITi0~R: A drugless practitioner is one who practices the art of healing by other ~cans th~ the use of drugs, but exclusive of prayer or spiritual means. Section 1.09. ~LOL~E: The %'~ord "employee" when used in ordinance shall be construed to ~e~ all persons engaged in the operation or conduct of any business, whether ~y me~ber of the o~er's f~ly, partner, agent, manager, solicitor and any ~d all other per- sons ~mDloyed or working in said business. Section 1.08. FI~ 0R 7~C~[ S3~E: The ter'ms "fire or wreck sale" are defined to be m~d include the sale of goods, wares or merchandise salvaged from a fire, we:~'eck 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 provis- ions of this section for the sale of merchandise salvaged from any fire, wreck or other calamity occuring in the City'of South San Fr~- cisco, where seme is conducted by the person who held t!~e license ~. conduct the business before the fire or w~eck, or other cal~ity oc- Section 1.09. FInD ?LACE 0F BUSIneSS: A "fixed place of business" is defined as a place of business real,fly kept open, with someone in charge thereof for tko transaction of the particular bus- CENTRAL RECORDS --1-- ,LE iness engaged in during the hours customary to transact such business. Section 1.10. JOBBING CONTRACTOR- A "jobbing contractor" is defined 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 the labor and materials therefor does not exceed $100.00. Section 1.11. JL~-K COLLECTOR: For the pu~ooses of this ordinance the words "junk collector" are defined as any person who goes fro~ place to place for the purpose of engaging in or carrying on the business of collecting, buying or selling, either at wholesale or retail, any old rags, bottles, sacks, cans, papers, .~etals or any other worn out or discarded material. Section 1.12. JU~ DEALER: For the purposes of this ordi- nance the words "junk dealer" are defined as any person having a fixed place of business in the City of South San Francisco and ~ho is engaged in carrying on the business of buying or selling, either at wholesale or retail, any old rags, bottles, sacks, cans, papers, metals, or any other woz~n out or discarded material. Section 1.1~. PA~,~t~ BROKER: The expression ~pawn broker" is defined to mean and include every person conducting, managing or carrying on the busines~ of loaning money, either for himself or any other person, upon any personal property, personal security, or pur- chasing personal property and reselling or agreeing to resell such articles to the vendor or other assignee at prices previously agreed up on. Section 1.14. PEDDLER: For the purposes of this ordinance the word "peddler" is defined as a p~rson who goes from house to house, place to place, or in or along the streets within the City of South San Francisco, sellin~ and ~uaking in~ediate delivery, or offer- ing 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 s~ch com- modities. Section 1.15. PERS0~: The word "person", unless otherwise specifically provided in this ordinance, shall be held and construed 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 [Ge_sculine shall include the feminine. Section 1.16. SOLICITOR: For the purpose of this ordinance the word "solicitor" shall be 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 thing of value for future delivery., or for services to be performed in the future. Section 1.17. STREET VE~YDOR: The term "street vendor" is defined as a person who sells, offers for sale or advertises f~r 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 music,singing, dancing, juggling, tricks, sleight of hand,~buffoonery, gymnastics, or by spectacular displays, demonstrations, shrews, or perfoz~mences calcu- lated to draw a crowd of people. Section 1.18. TEMPORARY VEMDOR: For the purposes of this ordinance the words "temporary vendor" shall be defined as any person who engages in a 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 not less than six (6) months, and who, for the pur- pose 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 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. Section 1.19. VEHICLE: For the purposes of this ordinance the word "vehicle" shall be defined as every device in, upon or by which any person or property is or may be transported or drawn upon a public street, excepting devices moved by human power or used exclusively upon stationary rails or tracks. A trailer shall be treated as a separate vehicle. ARTICLE II. BUREAU AND COLLECTOR DUTIES AND POWERS. Section 2.01 BUREAU OF LICENSES AND PERM~ITS: A bureau of licenses and permits is hereby created which shall be composed of the City Clerk, Chief of Police, and President of the Council of said City. Section 2.02. DUTIES AND POWERS: (al BUREAU: It ~hall be the duty of the bureau of licenses and permits and it shall have the power to administer this ordinance in accordance with the terms hereof. (b) COLLECTOR: It shall be the duty of the Chief of Riice and he shall have the power to regularly and promptly require the licensing of all business regulated herein and to cause the collection of the fees therefor and the prosecution of all persons violating any of the provisions hereof. (cl CE~ERAL: The Chief of Police and all police officers of said city shall have and exercise'the power, and it shall be their duty: First: To make arrests for the violation of any of the pro- visions of this ordinance. Second: To enter free of charge at any reasonable time any place of business for which a license is required, and to demand the exhibition of such license for the current term from any person engaged or employed in the transaction of such business; and Third: To require the holder of any free license to write his signature for purposes of comparison with that appearing on the original license. ARTICLE III LICENSES A~UD PERi, ITS 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 requir- ed 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 BUSINESS: A separate license must be obtained for each and every branch establishment or separate place of business in which a business is carried on. Section ~.08. ~HEN DUE: All licenses provided herein to be paid annually shall be due and payable on July 1st of each year. If payable semi-annually, they shall be due and payable on the first days of July and January of each year, and if payable quarterly they shall be due and payable on the first days of July, October, January and April of each year. They shall be valid only for the period issued. Section ~.OA. LICENSE FOR LESS T~AN YEAR: When any business shall be commenced more than three months after the beginning of the fiscal year three-fourths of the annual license fee shall be paid as herein provided; if commenced more than six months after the beginning of the fiscal year, one-half cf the license fee shall be paid as herein provided; and if commenced mere than nine months after the beginning of the fiscal year, then one-fourth of such license fee shall be paid as herein provided. Section 3.05. LICENSE DOES NOT P~IT BUSINESS OTHEHWISE PROHIBITED: The payment of a license fee required by this ordinance and its acceptance by the city and the issuance of a license to any person shall not entitle the holder thereof to carry on any business in er on any building or premises designated in such license in the event that such building or premises are situated in a locality in which the conduct of such business is in violation of any law. Section 3.06. EXISTING LIOENSE~ CONTINUED: Licenses issued under the provisions of any ether ordinance of the City cf South San Francisco which have been hereby repeale,.b2~thls ordinance, shall re- main in full force and effect until the expiration date thereof subject, however, to all other provisions of this ordinance. ARTICLE VI. APPLICATION AND ISSUANCE Section A.O1. APPLICATION FOR ISSUANCE OF FIRST LICENSE: When a person shall make application for the first license to b e issued hereunder, or for a newly esteblished business, he shall furnish to the bureau of licenses and permits, for its guidance in ascertaining the amount to be paid by the applicant, a written state- ment, upon a form provided by the bureau of licenses and permits setting forth such information therein required as may be necessary to properly determine the amount of the license to be paid by the applicant. Said bureau shall not issue to any such person another license for thesame, or any other business, until such person shall have furnished to it the written statement and paid the license as hereinabove required. Section 4.02. APPLICATION FOR ISSUANOE OF RENE~!AL OF LICENSE: In all cases, the applicant for the remewal cf an expired license shall render to the bureau of licenses and permits, for its guidance in as- certaining the amount of the license to be paid by the applicant, a written statement, upon a form to be provided by the bureau of licenses and permits, setting forth such information concerning the applicant's business during the preceding year ss may be required by the said bureau to enable it to ascertain the amount of the license fee to be paid by said applicant pursuant to the provisions of this ordinance. Section 4.03. ISSUANCE OE LICENSE: Ail applications for the issuance of a license for which a fee is to be paid are to be referred to the City Clerk, and he shall have the power in the first instance to determine the merits of such applications, and to approve er re- Ject the said applicstion. If he finds that said application should be approved, he shall issue to said applicant a license. If he shall reject the said license, the said applicant shall have the power of appeal, first to the bureau of licenses and permits and second to the City Council, as hereinafter provided. Section ~.0~. INTERSTATE COL~'~RCE: Every peddler, solicitor or other person claiming to be entitled to exemption from the pa~m~ent of any license provided for in this ordinance upon the ground that such license casts a burden upon his right to engage in commerce with foreigh nations or among the several states, or conflicts with the laws of the United States Congress respecting interstate com- merce, shall file a verified statement with the bureau of licenses and permits, disclosing the interstate or other character of him btminess entitling such exemption. Such statement shall contain the name and location of the company or firm for which the orders are to be solic- ited or secured, the name of the nearest local or state manager, if any, and his address, the kind of goods, wares or merchandise to be delivered, the place from which the same are to be shipped or forward- ed, the method of solicitation or taking orders, the location of any warehouse, factory or ]~lant within the State of California represented by such peddler or solicitor, or other person so claiming exemption, the method of delivery, the name and location of the r~.s~dence of the applicant, and any other facts necessary to establish such claims of exemption. A copy of the order blank, contract form, or other papers used by such person in taking orders shall be attacl~ed to the appliCatiOn for the info~_ation of the bureau of licenses and permits. Section 4.0~. VETERA2,[S: Every peddler, solicitor or other person claiming to be entitled to exemption from the payment of any license provided for in this ordinance upon the ground that he is an honorably discharged or released soldier, sailor or ~uar~.ne of the United States or Confederate States who is physically unable to obtain a livelihood by rm~nual labor, and who shall be a qualified elector of the State of California, as provided or hereafter to be provided by Section 3~68 of the i~:olitical Code or other law of this State, shall, in addition to the information required in Section 4.04 hereof, also file with said bureau a certificate of a physician regularly licensed by the State of California and residing and practicing in said state, issued within one 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 his incapacity. Section 4.06. FOOD STUFFS RAISED BY APPLICANT IN CITY: Every peddler, solicitor or other person claiming to be entitled to exemption from the payment of any license provided for in this ordinance upon the gro~:~d that he is the vendor of fruits, vegetables or any other food stuffs raised by him in the City of g~uth San Francisco, shall file a verified statement with said bureau containing his address., the kind of goods to be sold, the method of solicitation, sale, and delivery, the location of any warehouse in said City, and any othe? facts necessary to establish such claim of exemption. Section 4.07. PERIODICALS A~ID PUBLICATI0?[S, ETC.: Every peddler, solicitor or other person claiming to be entitled to any exemption from any license provided for in this ordinance on the ground that he is peddling or soliciting for the sale of newspapers, periodicals or other publications, or upon any other ~jrounds not herein specifically mentioned, shall file a verified statement with said bureau containing the information required by Section 4.04 here- of, and any other facts necessary to establish ~uch claim of exemption. Section 4.08. ISSUANCE OF FREE PEP~IIT: Ail applications for free licenses and permits shall be referred to the Chief of Police, and he shall have the power in the first instance to determine the merits of such application, az~d to approve or reject ssm~. --5-- If he finds that said application should be approved, he shall issue to said applicant a free peri, it or license. If he shall reject such application, the said applicant shall have the right of appeal, first to the bureau of licenses and pern~its and second to the City Council, as hereinafter provided. A separate perr~it shall be required for each person intending to exercise any right hereunder. Section ~.09. CHARGE FOR PER~vLIT: A charge of twenty-five cents ($0.25) shall be made for each free permit issued, which shall be used to defray the expenses of issuing same. Section ~.10. ACTION OF BUREAU NECESSARY II~ CERTAIN KINDS 0~ B~JSIh~ESS. When application is made to conduct any one of the following businesses, the license shall not issue until the application has been considered by the bureau of licenses and permits, and the City Clerk is authorized by it to issue sa~e, to-wit: Theatres, exhibitions, ~musement concessions, menageries, carnivals, f~rs, circuses, shooting galleries, pool halls, bowling alleys, ciEar stands, soda fountains, restaurants, cabarets, drugstores, public dances or public dance hall~, auto camps, dog kennels, bootblack stands, lodging houses, junk collec~tors, junk dealers, mediumship, skating rinks, gasoline service stations, turkish ba~hs. Said bureau shall carefully consider the character of the applicant and his qualifications to conduct the business for which application is ~de. Its decision shall be subject to review by the City Council, as herein provided. Said bureau may at its election refer any such matter to the City Council without any decision. Section ~.ll. AFFIDAVITS, STATE~E~TS, CERTIFICATES MOT COI~- CLUSIVE: ~o affidavit, state~ent, or certificate re~tuired under any provision of this ordinance shall be conclusive upon the City of South San Francisco, or any department, bureau, officer or agent thereof, and whenever it shall appear to the satisfaction of the bureau of licenses and permits, or any member of officer thereof, and said bureau Q~' 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 bureau or officer m,y withhold the issuance of the license until such time as the applicant shall furnish satisfactory evidence of the truth of such stater~ent, affidavit or certificate. Section 4.12. REVOCATIOM: If said bureau, 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 power 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 such hearing, as provided for the hearing on appeals to it in the first instance, and its determination shall be subject to review by the City Council at the request of such licensee. Section 4.13. 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 refusal of a permit by the City Clerk or Chief of Police. The bureau shall forthwith set said m_~_tter 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 appea~~ and offer evidence in stop- port of his application. After such hearing, if proper showing is made en~titling applicant to said license or permit, the bureau shall de- tsrmine the proper fee to be charged~ and shall forthwith give written notice to the licensee of such deter~nination and of the amount of such fee. Section 4.14. 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 of its decision. The Council shall forthwith met said matter for hearing and cause notice of the time and place hereof to be given to the licensee not less than five (5) 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 confirm4L modify or correct the determination of said bureau in any re-o gsrd. If a proper showing is made entitling such applicant to a license or permit, the Oouncil shall determine the proper fee to be charged and shall forthwith give written notice to the licensee of such determination and the amount of such fee. Section 4.15. DECISION FINAL: The decision of the Oity Olerk or Chief of Police, in the absence of an appeal to the bureau, and the decision of the bureau of licenses and permits, in the absence of an appeal to the City Oouncil, and the decision of the City Council in any review shall be final and conclusive upon and all persons affected thereby. Any fee finally determined shall be due any payable as of the date the original license fee was due and payable, together with any penalties that may be due thereon. Section 4.16. ADMINISTERING OATHS: The said bureau and the said Oounci$ shall have the power to issue subpoenas for and to require the attendance of witnesses and the production of records and docu- ments upon any hearing provided under this ordinance. The City Olerk shall have the power to administer oaths in the execution of any affidavit, statement or certifies, re herein required. Section 4.17. NOTICE: Any notice required under this or- dinance to be given shall be deemed to have been served when the same has been deposited at South San Francisco in the United St~es mail, enclosed in a sealed envelope, postage prepaid, addressed to such person at his place of business as the address of the same appears in the records of the bureau of licenses and permits. If no such ad- dress appears in such records then such notice shall be sent to the address last known to said bureau, and if there is no such known address, then such notice shall be addressed to him at the City of South San ~rancisco. Section 4.18. TRANSFER OF LICENSE: No license or permit issued under any provision of this ordinance shall be in any ma~er transferred or assigned, or authorize any person 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 transact such business in any place other than the place or location therein named, without the written consent of the bureau of licenses snd permits endorsed thereon. When the place or location for the carrying on of such bus- iness shall be changed, the person applying for such transfer or change shall pay to said bureau a fee of one Dollar ($1.00) for recording such change of location. Section 4.19. LOST LICENSE: The bureau of licenses and permits shall ~ske a ohs=ge of One Dollar ($1.00) 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 satisfsc~ry proof of such loss. Section 4.20. LICENSE AND PEt~IT, WHEN POSTED OR CARRIED: Every person having a license under the provisions of this ordinance, and carrying on s business st a fixed place of business, shall keep such license posted and exhibited, while in force, in some conspicuous part of ss id place of business. Every person having s~ch a license, and not having a fixed place of busi~ess, or having a free pern~it, 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 ! ICENSE Section 5.01. UNLA~FUL 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 exclusive- ly in the conduct of his business wittli~ the City of South San Francisco without the license plate attached as herein required, or to rez~ove, or deface, or cover up same, or to place a~ch license plate upon any vehicle other than a vehicle used by the applicant in his bwsiness, or drive or operate or cause to be driven or operated, any v~ehicle more than thirt~ (30) days, after the expiration of the period for which any license ?Jas issued, without payment of a new license fee. Section 5.02. LICENSE FOR SUBSEQUEMTLY ACQUIRED VEI~ICLES: If, subsequently to the issuance of any license and prior to its ex- piration 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 based upon vehicles, he shall pay the vehicular license herein provided therefor; Section ~03. ISSUANCE OF VF~ICLE LICE~SE: Upon the payment of a license, the bureau of licenses and permits shall deliver to the licensee one (1) license for. each Vehicle 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 at such place as may be designated by said bureau. Section 5.04. STREET-FUND -- I~EHICLE TAX: All moneys de- rived from any vehicle license tax herein provided, shall be de- posited in the general fund of said City. ARTICLE VI. FORM OF LICENSES, PERi, ITS, AND CARDS. Section 6.01. BUSINESS LICENSE: Every person required to have a business license under this ordinance shall make application for the salve to the bureau of licenses and permits of said City, and upon the payment of the prescribed fee~ said bureau shall issue to said person a license which shall contain (1) the ~ of the person to whom the license is issued, (£) the place v~here such business is to be carried on, (3) the business licensed, (4) the date of the ex- piration of such license (51 am~ceipt for the amount of money paid for said license, and (61 such other information as said bureau shall require. Section 6.02. FREE PERMITS: Every person ~e~uired to have a free permit under this ordinance Shall make application for the san~ to the bureau of licenses and permits of said City and, upon determining that said application is meritorious, said bureau shall issue to said person a free permit which shall contain the matters required by Section 6.01 hereof and such other information as said bureau shall det ermine. Section 6.03. ~IFICATION 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 identi- fication card may be deemed necessary by said bureau. Such identification card shall he in such form as said bureau shall determine and shall be carried by each such employee at all times while carrying on the business for which a license shall be issued. Such identification card shall b~produced and exhibited on demand. Section 0.04. VEHICLE LICENSE: Each vehicle license shall have thereon the words "South San Francisco", the year for which same is issued, and contain such other information and be in such form as said bureau shall determine. ARTICLE VII. ENF 0RCF~ENT ...... PF~AT~TIE S. Section 7.01. PE~JALTY FOR NON-PAYMENT OF ANNUAL LICENSE: Every annual license fee which is not paid within a Deriod of thirty (30) days from the time the same become8 due and payable, is hereby declared to be delinquent, and the bureau of license8 and permits shal 1 thereupon add to said license fee and collect a penalty of ten per cent (10%) of the license fee so delinquent. If such license fee shall ~et ~ be paid within sixty (60) days from the time such license becomes due and payable, an additional sum of fifteen per cent (15%) of said license fee shall be added to said license fee and collected as a penalty. Section 7.02. PENALTY FOR NON-PAYMENT 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 the bureau of licenses and permits shall thereupon add to ~uch license fee and cellect a penalty of ten per cent (10%) of a license fee so delinquent. If such license fee shall not be paid within twenty ~20) days from the time such license fee becomes due and payable, an additional sum of fifteen per cent (15%) of said license fee shall be added to said license fee and collected as a penalty. Section ?.0~. PEN~TY FOR NON-PAYMENT 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 de- linquent, and the bureau of licenses and permits shall thereupon add to said license fee and collect a penalty of ten per cent (10%) of said license fee so delinquent. 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 fifteen per cent (10%) of said license fee zhall be added to said license fee and collected as a penalty. Section 7.04. CRIMINAL P~LTY: _~y person violating any of the previsions of this ordinance shall be deemed guilty of ~ mis- demeanor and, upon conviction thereof, shall be punished by a fine of not less than Five Dollars ($5.00) or more than Three Hundred Dollars ($300.00), or by imprisonment for a period of not more than three (3) months, or by both such fine and imprisonment. Every person continuing, committing or permitting any violation of any provision 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 person 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 ordinace. Section ?.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 business o Section ?.07. EVIDENCE OF LIABILITY: In any action brought under, or arising out of any of the provisions hereof, the fact ~hat a 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 evi- dence of the liability of such party to pay for a license for such business. ARTICLE VIII. LICENSE FEES. Section 8.01. WHOLESALE, RETAILING, JOBBING AND 0Tier BUSINESSES NOT SPECIFICALLY LICENSED: Every person conducting any wholesale or retain or jobbing business, or otherwise engaged in the selling of goods, wares, merchandise or other thing of value, and not otherwise specifically licensed by this ordinance or say other ordinance of the City of South San Francisco, and every person con- ducting, n~naging or carrying on any business that is not specifica~ ly licensed by this oydinance or any other ordinance of the City of South San Francisco, shall pay an annual license fee of Ten (10) Dollars per annum. Said license fee shall be payable annually in advance. Section 8.02. VEHICLES: Every person driving, oPerating or maintaining any vehicle upon any street in said City in connection with any business, shall pay an annual license fee of Ten Dollars ($10.00) for each such ,vehicle. A trailer shall be subject to a license fee accordi~g to the above schedule. Every person, who shall pay any other license fee under this ordinance, shall pay a license fee of only $1o00 per year for driving, operating or maintaining any vehicle upon any street in said City in connection with any business for which such license fee shall have been paid. Section 8.03. PEDDLER: 1. FOODSTUFFS. Every person, conducting the business of sellihg and delivering any food for human consumption directly to the consumer thereof, by means of a regular system of delivery wagons for the purpose of making sales and deliver- iem upon a fixed route within said City, excepting the vendor of fruits, vegetables or other food stuffs raised by him within said City, shall pay a quarterly license as follows: (a) Fruit and Vegetables........ ..... .~30,00 (b) Meat and Poultry..... ....... . .....~.~30.00 ... ~25. O0 (c~ F~sh....... .... ................ (d) Bakery Products .......... . .... .... (e) Grocery Products..................~15.00  (f) Butter and Eggs.......~..........,~i~ 5.00 ~ 2. ~eneral. Every person conducting the business of peddling ~ny goods, wa=em, merchandise, or other thing of value, not otherwise -10- specifically licensed by this ordinance or any other ordinance of the 0ity of South San Francisco, excepting n~ewspapera, periodicals, and publications, shall pay license fee of $50.00 per quarter, or $$,00 per day for each person in excess of two employed within said City in such business. Section 8.0A. SOLICITORS: Every p~rson conducting the b~si- ness of solicitor shall pay a license fee cf $50.00 per quarter or $5.00 per day for each person in excess of two employed within said City in such business. Section 8.05. STREET VENDOR: Every person conducting the business of street vendor shall~pay a license fee of $5.00 per day, when traveling by vehicle, and $2.00 per day when traveling by foot. Such person shall first obtain a permit stating the location where said business may be carried on before a license shall be issued; pro- vided no permit shall be issued for carrying on said business within one thousand feet of the boundary lines of any school yard, public park or public playground. Section 8.06. TEMPORARY VENDOR: Every person conducting the business of a tempo.r, sry vendor shall pay a license fee of $10.00 per day and the sum of $2.00 per day for each person employed within said City in such business in excess of five (5) persons. Section 8.07. AUCTIONEER: Every person conducting the business of Auctioneer shall pay a license fee of $15.00 for the first day and $5.00 per day for each subsequent day. At least five days prior to each such sale he shall be required to file with said bureau an itemized list of the property so to be sold. Section 8.08. UNDERTAKER: Every person conducting the business of an undertaker, embalmer or funeral director shall pay a license fee of $1.00 for each burial permit or certificate issued. Section 8.09. HOTELS, APARTMENTS, ROOMING HOUSES: Every person conducting the business of a hotel, apartment house or rooming house shall pay annual license of Ten Dollars ($10.00) Section 8.10. CIRCUS: Etc.: Every person conducting the business of a circus m~nagerie, wild west show, or any other like or similar exhibition given under, or surrounded or partially enclosed by canvas, shall pay a license fee of $100.00 for the first day and $50,00 for each additional day. Section 8.11. CARNIVALS AND FAIRS: Every person conducting any fair or carnival or other like or similar exhibition or amuse- ment, shall pay a license fee of $100.00 for the first day and $50.00 for the each additional day. No portion of any street shall be used for the purpose of conducti~ng any fair or c~rnival. Section 8.12. AMUSEMENT CONCE'~SIONS: Every person conduct- ing any amusement concession, not in conjunction with $ carnival or fair, shall pay a quarterly license as follows: (a) Merry-go-round, ferris-wheel, scenic-railway, chute-the chutes, dodgem, swing, or other mechanical divice for the carrying of passengers, :~50.00. (b) Ball and ring throwing games, spin-the-wheel, mechanical and electrical games, shooting gallery, keeno, lotto, and other and similar games of chance, $25.00. ~ (cl Sales of merchandise or food stuffs, not in connection with any game of chance, $10,00. Section 8.13. BOXI~C ~,~D ~VRESTLI~TC E~-iIBITI0~. Every person staging a boxing or wrestling exhibition or exhibitions shall pay a quarterly license of ~E~.00. Section 8.14~. ~,~EDIU~.~HIP: For every person who carries on, practices or professes to practice the business or art of astrology, palmistry, phrenology, life-reading, fortune-telling, cartomancy, chairvoy- ance, clairaudience, crystal-gazing, hypnotism, mediumship, prohecy, augury, divination, magic ~or necromancy and demands or receives a fee for the exercise or exhibition of his art therein, directly or in- directly, either as a gift, donation, or otherwise, or who gives an ex_hibition thereof at any place where admission is charged shall pay a license fee of $100.00 per day. Section 8.1~. B0~IMG ALLEY, Etc. Every person conduct- lng a public bowling alley, skee ball, bat ball, or other similar de- vice, equipment or means o~~ entertain~nent shall pay an annual license fee of ~10.00 for each alley. Section 8.18. LAUndRY, AGF~CY, ROUTE: Every person conduct- ing the business of laundry shall pay an annual license as follows: 1st Class: Where its plant is situated in said City, the license fee shall be Ten Dollars (~10.00) per annum, payable quarterly, as herein provided. £nd. Class: Where it maintains no plant in said City, and operates by means of a regular system of delivery wagons on streets in said City $1~.00 for each vehicle soliciting or delivering in said ~lty. Section 8.1~. DRY CLEANING AND DYEING: Every person conduct- ing the business of dry cleaning and dyeing shall pay an annual license as follov~s: as 1st Class: V~here its plant is s~tuated in said City the license fee is to be Ten Dollars (~10.00) per annu~, payable quarterly, herein provided. ~ / ~nd Class: Where it maintains no plant in said City, and ~-~perates by means of a regular system of delivery ~.~agons on streets i~ said City, '.~i£5.00 for each vehicle soliciting or delivering in said City. Section 8.18. VE~DiNG ?~ACHIhrES: Every person conducting the business of selling goods, wares or merchandise by~ans of vending k~machines in and upon or over and along any public street or alley, ~or other public place, or any place of l~usiness shall pay an annual license fee as follows: (a) Where the slug or coin is of the value of one cent (1¢) ...... .. ....... $1.00 per machine (b) Where the slu~ or coin is of the value of more than one cent (1¢) ..... $5.00 per machine (c) Where the machine is for the purpose of vending food stuffs other than candy, nuts, gum, apples or orangea...... .......... .. .... ........$5.00 per machine Section 8.19. SCISSORS GRiIfDERS, etc.: Every person conducting the business of gri~di.z~_g or sharpening scissors, knives, cutlery, ~awn mowers, or mechanical tools, when the person conduct- l~.g said business ~,ravels. from place to place or from house to house a~d operates by mea~s of any wagon, or other vehicle, $5.00 per vehicle, per year. Section 8.20. C01,~RACTORS: Every person conducting the business of contractor of the kinds in lliis section classified, having a fixed place of business in said City, shall pay an m~nual license fee as follows: 1. Brick 15.00 ~ 2. Building 25.00 3. Cement 15.00 4. E~ectrical ~25.00 5. Floor ,15.00 6. Glazing i10.0C 9. Heating ~. House Moving ~10.00 9. Jobbing ~ ~ O0 10. Painting 2 ll, Paving :20.00 12. Plastering '~25.00 15. Plur3oing i25.00 l~. Roofing !%5.00 15o Sash ',10.00 16. Sewer ii0.00 17. ~heet [Ietal ~15.00 18. Spraying ~10.00 19. Tile ~15.00 20. Any other contractor not spec i fically mentioned. $15.00 Where such person has no fixed place of business in said City, such fee shall be increased by 100~. 0ne-half [1/2) of ~ach licm~se fee provided in this section shall be payable semi- annually, in advance. Section 8.21. t~ISCELLL~0~.o L~S~F~C~iC~ S: Persons conduct'ins a~y of ti~e following businesses shall pay an annual license fee as follows: 1. Accountant il0.00 2. Appraiser 10.00 3. Architect 10.00 4. Attorney 10.00 5. Auditor 10.00 6. Auto Cm~p ·10.00 7. Barber Shop 5,00 8. Beauty Parlor 5~00 9. Bicycle Shop 10.00 10. Blacksmith Shop, Ornamental Iron ~orks, Horseshoeing Shop 11. Bottling Works ~10,00 12. Cabinet ~,~e r 10.00 13. Carpenter Shop ~10.00 14. Carpet Cleaning ~orks 10~00 15. Certified Public Accountant 10.00 18. Chiropodist 10.00 17. Chiropractor l0.00 18. Civil Engineer ~10.00 19. Claims A~umter ~10.00 20. Collection Agency ~10.00 21. Dentist $10,00 22. Da~cing Studio ~10.00 23. Dog Board Kennel ~10.00 24. Dog and Cat Hospital 10.00 25. Drugless Practi~tioner 10.00 26. Emp loy~uent Agency 10.00 27. Finance Company :10.00 28. Florist ~ 10.00 29. Furniture Repair Shop ~10.00 30. Insurance Adjuster ~10.00 31. Junk Collector (per person) il0.00 32. Jun_k Dealer ~50.00 33. Landscape Gardener or Architect ~iI0'©0 34. Moving Picture Theatre ,~50.00 35. ~,~usic Studio ~I0.00 36. Newspaper Agency $10.00 37. Newspaper Publishing (weekly) $10.00 38. Nursery, where flowers, plants or shz. ubs are grown or sold wholesale or retail $15.00 39. 0cculist, Optician or Optometrist ~I5.00 40. Pawn Broker ~100.00 ~10.00 41. Pet shop ~-0'00 42. Photographer 43. Physician and Surgeon ~1'.?125:0000 44. Pri~t ing Shop 45. Private School conducted for profit vl5.00 46. Real Estate Agent or Broker ~10.00 (plus ~i~2.50 for each licensed agent over one ) . 47. Restaura~t $12.00 48. Second Hand Store 12.oo 49. Sign Painter ~10.00 50. Skating Rink ~l~.00  51. Soft Drinks, not including beer of ~ a~y percentage of alcoholic strength $1C.00 Z~ 52. Tailor Shop, where clothes are made in whole or in part $10.00 53. Towel Supply Service ~12.00 54. Turkish Baths ::~.L~ .00 55. Upholstery Shop ~10,00 56. Veterinarian *¥15.00 57. Window Cleaner $12.00 0ne-half (1~2) of each license fee provided for in this section shall be payable semi-annually in advance. Section 8.22. STREET DECOPATORS. Every person who stroll engage in the business of street decorating shall pay a license fee of $10.00 for the period of time which shall be covered by any event or occasion durlng which street decorat~ns may be required by any person upon buildings or streets in said City. ARTICLE IX. GENERAL PROVISI 0NS. Section 8.23. SUPPLE~AL C~J~ARACTER: 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 hereafter 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 8,24. PURPOSE: THE PURPOSE of tills 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. LVh~er~ it is lawful to license for purposes of both revenue and regulation, then the license hereunder is for those purposes. ~here it is lawful to license only for reg- ulation, then the license hereunder is for that purpose. ',There it is lawful to license only for revenue, then the license hereu~ler is for that purpose. Section 8.25. CONSTITUTIONALITY: If any section, sub-section, sentence, clause or phrase of this ordinance is for any reason held to be invalid or for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance, and the Council of the City of South San Francisco hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared in- valid or unconstitutional. Section 8o~8. T~{~MG EFFECT: This ordinance shall be published once in "The Enterprise and the South San Free, cAsco Journal", a weekly newspaper printed, published and circulated in the City of South Sa~u Francisco and shall take effect and be in fe~ee from and after the expiration of thirty (~0) days after its passage and adoption. ~ -o-o-o-o-o-o- Introduced this.//~~ day o/~~ , 19~5. P~sS~w~a~,~.adopted as an ~inance of the City. of ~>outh San Francisco a~, ~-egular meetln~_~9~ the City/~ouncil of the City of South San Francisco, this~ .~.~Y-~. day or--of ~ , 19~3, by the following vote: . ~./'~ , Alien ~//~ ~/~ ~~~ ,/~. ~~ - Aye s Count Noes, Councilmen Absent, Councilmen ~~ Approved:~ ~ P~i~en~ of thne ~ity bouncil ~/~f tt~e city .of ~uth ~ Fran-