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Ordinance Number 17124'; ORDINANCE NO. 171 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO ESTAB- LISHING THE LICENSING OF BUSINESSES, PROFESSIONS AND TRADES, PROVIDING FOR THE PROCEDURES TO BE FOLLOWED, SETTING THE RATES AND PROVIDING FOR EXEMPTIONS THERE- FROM AND PRESCRIBING PENALTIES FOR THE VIOLATION HEREOF: REPEALING ORDINANCE NO. 24, AND ORDINANCE NO. 40. SECTION 1. RIGHTS GRANTED. A license certificate from the City issued as provided in this Ordinance shall authorize the person to whom issued by himself or itself or unless otherwise expressly provided in this OrdinaAce, by bona fide employees in the regular course of their employment, to engage in, carry on, conduct, in the City, the business, trade, calling, profession, ex- hibition or vocation for which issued during the life of such license certificate. No person shall engage in, carry on, or conduct in the City any business, trade, calling, profession, exhibition or vocation hereinafter in this Ordinance named, without such license certificate therefor, issued as provided in this Ordinance or at a time other than authorized in the license certificate. No personal or written demands or notice from the City to persons required to be licensed under the provisions of this Ordinance shall be necessary to incur the penalties of this Ordinance. SECTION 2. CIVIL SUIT. Any person required to take out a license by this Ordinance, who fails, neglects or refuses to take out such license or who carries on or attempts to carry on any business in the City for which a license is required, without first procuring such license, shall be liable to an action in the name of the City as plaintiff, in any court of competent jurisdiction, for the amount of license by this Ordinance imposed on such trade, calling, profession or occupation together with cost of suit. SECTION 3. LICENSE PERIODS AND DATES PAY All licenses shall be paid in advance in lawful money of the United States at the office of the City License Collector. The first annual license shall be issued for the unexpired period of such year, 248 except as herein otherwise in .this Ordinance specifically provided. SECTION 4. LICENSE DUE. The licenses in this Ordinance shall be due and payable to the City License Collector and a penalty of ten per cent shall be added to each license remaining unpaid thirty days after it becomes due, and on the first day of each month thereafter that such fee remains unpaid, an additional penalty of ten per cent of such fee unpaid shall be added; provided that the maximum amount of such penalty shall not exceed an amount equal to the amount of such fee. The provisions of this Ordinance shall become effective January 1, 1971, and all licenses shall be due on this date and on the first day of January each year thereafter. SECTION 5. OTHER REQUIREMENTS. In addition to the other requirements of this Ordinance and regardless of whether or not any person may be exempt from the payment of license fee under the provisions of this Ordinance, by reason of being engaged in interstate commerce or otherwise, every person not having a regularly established place of business or permanent residence in the City engaged in the business of selling or soliciting orders for the sale of any goods, wares or merchandise, magazines, paper, periodi- cals or any other form of occupation or business involving canvassing and soliciting from house to house or place to place, or upon the streets and public places within the City, shall before engaging in such busi- ness or occupation, make application to the City Council and upon approval of sucbt application, shall make identification to the Sheriff's Office of Orange County, and receive therefrom a certificate showing that such identification has been made. Every such person shall iden- tify himself to said Sheriff's Office by signing and filling out an identification blank which shall contain the following information: (a) Name; (b) Age; (c) Permanent address, if any; (d) Local temporary address, if any; (e) General description of the person in such further detail as said Sheriff's Office may require, including 249 fingerprints. Upon making such application and identification and com- plying with the provisions of this Ordinance, it shall be the duty of said Sheriff's Office to issue to such person a certificate showing that such person has complied with the provisions of this Section. Such person shall thereafter retain such certificate and have the same upon his person at all times while engaged in any of the activities mentioned in this Section, and it shall be the duty of such person to display the same to any party of whom he solicits any business upon request therefor. SECTION 6. WRITTEN APPLICATION REQUIRED. p Before any license is issued to any person, such person shall make written application therefor to the City License Collector; such application must state the nature or kind of business, trade, occupation or calling for which the license is required, the place where such busi- ness, trade, occupation or calling will be carried on or conducted, the name of the owner of the. business, trade, occupation or calling, and must be signed by the applicant. In cases where such business, trade, occupation or calling is not to be conducted or carried on at a permanent place of business in the City, then such application shall state the residence of the owners of such business, trade, occupation or calling. No license shall be issued to any person conducting or carrying on under a fictitious name, unless an affidavit be filed in the office of the City License Collector showing the true names of the owners of such business; provided, however, such license may be issued in the true names of the owners of such business, trade, occupation or calling with- out the filing of such affidavit. Where application is made for a license to do business in the City, the License Collector may require approval of such application from the Police, Fire, Health, Building or Planning Department showing the premises and operation therein conform to the regulatory ordinance of the City. SECTION 7. SWORN STATEMENTS REQUIRED, WHEN, STATEMENTS CONFIDENTIAL., In all cases where the amount of license to be paid by any 25i? person is based upon the number of men employed, or upon the number of wagons or other vehicles used, or upon the amount of the maximum admission fee charged, or upon the number of tables, alleys, or other devices used for any game, or upon the number of rooms in any building, such person shall, before obtaining a license for his business, render to the City License Collector for his guidance in ascertaining the amount of license to be paid by such person, a written statement sworn to before some officer authorized to administer oaths, showing the average daily number of men employed by such person during the license period next preceding the date of such statement, or the number of wagons or other vehicles used or the amount of the maximum admission fee charged, or the number of tables, alleys or other devices used for any game by such person, or the number of rooms contained in such building at the date of such statement. SECTION 8. CONCLUSIVENESS OF STATEMENT. No such statement shall be conclusive upon the City or upon any officer thereof as to the matters therein set forth, and the same shall not prejucice the rights of the City to recover any amount that may be ascertained to be due from such person in addition to the amount shown by such statement to be due in case such statement should be found to be incorrect. The correctness of all such statements shall be sub- ject to verification by the License Collector or his properly authorized deputies. SECTION 9. SAME. FAILURE TO MAKE. If any person hereby required to make any statement shall fail to do so, such person shall be required to pay a license at the max- imum rate herein prescribed for the profession, trade, calling or occupation carried on by such person, in addition to any other penalty provided by this Ordinance. SECTION 10, LICENSES UPON WHICH FEES ARE EXEMPT. No license fee shall be required of or from the following; (a) Those exempt from municipal license tax by virtue of the 2�1 Constitution and Laws of this State or the United States. (b) Any institution or organization which is conducted, managed or carried on wholly for charitable purposes and from which profit is not derived, either directly or indirectly by any individual, provided that applicant furnish conclusive proof to the City License Collector that such is the case. (c) Any enterprise or entertainment when the receipt derived therefrom is to be appropriated to any church or school or to any reli- gious or benevolent or charitable purpose within the 6ity. (d) Any person honorably discharged from the Armed Forces of the United States, peddling, hawking or vending any goods permitted by law and exempt from license tax by virtue of the laws of the State of California, who exhibits his authenticated papers provided that no more than one license shall be issued to such applicant during any one year. (e) Any person peddling, exclusively, any fruit or vegetables or other products raised upon his lands; provided, however, that such person shall furnish conclusive proof to the City License Collector that such products were raised by him on his lands, before the issuance of license exempt from fee and any person so peddling shall carry the license with him. (f) Any doctor, lawyer, dentist or other professional person not having a fixed place of business within the City who is called upon to come to the City to render services. (g) Any person engaged in citrus growing or other horticul- tural or agricultural pursuit, including persons engaged exclusively in the business of caring for, spraying, fumigating, fertilizing, hauling such horticultural or agricultural products, or engaged in other gainful occupations serving citrus growers or other horticulturists or farmers, except packing houses. Provided, however, that nothing in this Section or any sub- section hereof shall exempt any person from complying with any of the 25 regulatory measures or provisions of the Ordinance of the City, save and except the payment of license fees required hereby. Provided, further, that any license exempt from fee is non- transferable. SECTION 11. CITY LICENSE COLLECTORS SHALL ISSUE. Upon application therefor as provided in this Ordinance, it shall be the duty of the City License Collector to prepare and issue a license and to state in each license the amount thereof, the period of time covered thereby, and the person to whom issued, the business, trade, calling, profession or occupation licensed and the location of the place of business where such business, trade, calling, profession or occupation is to be carried on. The City License Collector shall cause to be printed a suffi- cient number of license forms as may from time to time be required and shall report to the City Council the quantity and numbers of such license forms printed. All licenses issued under and by virtue of this Ordinance shall be signed by the City License Collector. Any license applied for under Section 10, and exempt from fee shall be issued in the same form and manner as other licenses but shall bear the words, "Tax Exempt License" over the signature of the City License Collector. -- SECTION 12. COLLECTIONS. The City Clerk -Administrator is hereby designated License Collector of the�City and shall have the duties imposed by this Ordinance upon the License Collector. It shall be the duty of the City License Collector to keep a list of all delinquent licenses that are payable under this Ordinance and to immediately proceed to collect the same, by suit or otherwise. SECTION 13. BRANCH ESTABLISHMENTS. A separate license must be obtained for each branch establish- ment or separate place of business in which the business, trade, calling 253 or occupation is carried on and each license shall authorize the party obtaining it to carry on, pursue, or conduct only such businesses, trades, callings or occupations described in the licenses, and which are indi- cated thereby. SECTION 14. TWO OR MORE BUSINESSES. In the event that any person is operating more than one busi- ness required to be licensed at the same location and under the same management, the license tax to be paid by such person shall be the full license of whichever business calls for the highest license fee, and an additional sum equal to one-half the amount of the license ordinarily required for each other business so carried on. SECTION 15. DUTY OF HOLDER. Every person having a license under the provisions of this Ordinance and carrying on a business, trade, calling, profession or occupation at a particular place of business, shall keep the license posted or exhibited while in force in some conspicuous place on the business premises. Every peddler or solicitor or any other person carrying on a trade, business, calling, profession or occupation not having a permanent place of business in the City and licensed under this Ordinance shall carry his license with him at all times while engaged or operating within the City. SECTION 16. LICENSE REGULATION AND FEES. License fees to be paid to the City, by any person engaged in or carrying on any profession, trade, calling, occupation or business, is fixed and established and shall be paid as provided in this Ordinance. In no event shall the fee exceed $125.00. A. ADVERTISING OUTDOOR. Of outdoor advertising, or sniping, $50.00 per year, payable annually in advance. For the purpose of this Ordinance, the term "outdoor advertising" shall mean the business of painting signs or advertisements on exterior walls or buildings or the erection -and maintenance of adertising struc- tures, electric or skysigns. The term "sniping" shall mean the business 254 of advertising by posting, pasting, sticking, tacking, hanging, affixing or placing of cloth, paper or cardboard signs, cards or posters or tin signs to or upon fences, posts, trees, buildings or structures or sur- faces other than advertising structure. B. SOLICITORS. Every person not having a fixed or regularly established place of business in the City, selling or soliciting orders for the sale of any goods of any kind or nature, or soliciting orders for services of any kind or character whatever, the sum of $10.00 per day; provided, however, that no license shall be issued for a period less than five consecutive days, or $100.00 per annum. The pro- visions of this subsection shall not apply to persons selling, soliciting, or taking orders for the sale of goods from merchants 3n the City who have in stock the goods, wares or merchandise for which orders are so taken or solicited. Provided further that no license shall be issued under this Section until application and identification shall have been made as required by Section 5. C. AMUSEMENTS. (1) Any shooting gallery, public bowling, skee ball, or bat ball alley or hand ball court, shuffleboard or any other similar device, equipment or means of entertainment, $12.00 per year for each such alley or any other similar means of entertainment (2) Billiards and pool halls: For every person carrying on the business of a pool hall, the sum of $20.00 per year for each pool table. $ (3) Any ice or roller. skating rink, enclosure or park, $100,00 per year; this shall not apply to any exhibition given in any restaurant, cafe, hotel or theatre, when the public is not permitted to participate in the exhibition. The above mentioned places of amusement shall be subject to and governed by any regulatory ordinances of the City now in effect or which may hereafter be adopted. Provided, however, that no license shall be granted on any 255 application under subsection C unless the application is accompanied by a permit in writing from the Council. - (4) Every person engaged in business and conducting, managing or operating on their premises juke boxes, devices for playing of records, or producing music automatically upon the deposit of a coin, slug or other device, or any other instrument or machine of like character not licensed hereunder, $12.00 per annum for each machine. (5) For conducting, managing or carrying on a circus or other similar exhibition, the fee shall be $50.00 per day; for every side show conducted in conjunction therewith, $10.00 per day; for every parade con- ducted by or under the same management as a circus or similar exhibition where such circus or similar exhibition is conducted outside the City, $25.00 per day. (6) For conducting, managing or carrying on any carnival or other similar exhibition, consisting of five or less concessions, $25.00 for each day; for each concession in excess of five, $5.00 for the first day and $2.50 for each additional day. (7) For conducting, managing or carrying on any lecture or traveling theatrical performance under, surrounded by or partially en- closed by canvas, such.as comedy, spoken drama, opera, or concerts, $25.00 for the first day and $12.50 for each additional day; for any of such performances held in any public hall, club room, assembly hall or theatre, where movable scenery and theatrical appliances are used, whether or not an admission fee is charged, $2.00 per day. That the holder of a theatre license shall not be required to procure an additional license to conduct, maintain or carry on any,theatrical or vaudeville performance when such performance is conducted at any such theatre so licensed. (S) For conducting, managing or carrying on a, trained animal show, to which an admission fee is charged or collection taken, $25.00 per day. (9) For operating a golf course, miniature golf course, bicycle course, golf practice driving course or archery range, $25.00 per year. (10) For, conducting a theatre at an established place of business, constructed and designed for theatrical purposes, $50.00 per year. 256 year. (11) For a riding academy where instructions in horseback riding are given or horses or other animals are maintained for hire, $12.00 per year, if conducted on the premises; $25.00 per year if conducted off the premises. The above mentioned places of amusement shall be subject to and governed by the regulatory ordinances of the City, now in effect or which may hereafter be adopted. Provided, however, that no license shall be granted on any application under this subsection unless such application is accompanied by a permit in writing from the Council. D. AUCTION SALES. For auctioneering, $100.00 per day, provided that no license shall be issued without a permit being first obtained from the Council. Application shall be made to the Council on blanks to be furnished by the City Clerk, and the Council may in the exercise of a sound and reasonable discretion, grant or deny such application or revoke or suspend a permit already granted, provided, however, that the permit only shall be required for the sale at public auction of the stock on hand of any person who shall, for the period of one year pre- ceding such sale, have been continously in business in the City as a retail or wholesale merchant, dealing in the.kind of property so auctioned or sold. Provided, however, that sales at apublic auction for the purpose of closing out the Stock of any kind of property on hand shall be held on successive'da*,'Sundays and -legal holidays excepted, and-s*Il'not continue for 'a longer period than thirty days from the commencement of the sale, and shall be permitted only when - the merchant is disposing of his stock for the purpose of, retiring from business. The provisions of this Section shall not apply to any auction sale held for any church festival or,bazaar or -for other charit- able or benevolent purposes. The provisions of this Section shall not apply to judicial sales or any sale upon execution or other court pro- cess nor to any sale pursuant to the power of sale contained in any chattel mortgage, pledge agreement or deed of trust. 257 E. DRAMATIC ART, HANDICRAFTS, MUSIC, ETC., TEACHER OF, For each teacher of drawing, painting, handicrafts, music, sculpture, speech or other fine art, whether such teacher is a member or employee of any other person, partnership, corporation or other business organization, except public, parochial or private schools, en- gaged in such business, $8.00 per annum. Provided that this subsection shall not be construed to impose a charge upon or for clerks or other non-professional employees of such teachers. F. TAXI CABS, For operating any taxi cab for carrying passen- gers for hire,the sum of $20.00 per annum for the first vehicle so operated and $12.00 per annum for each additional vehicle. Provided, however, no license shall be issued unless and until the applicant therefor produces satisfactory proof to the Council that such applicant carries carries upon each vehicle to be operated as a taxi cab, public:liability and property damage insurance in such amount and with such insurance, companies as may be approved by the Council. G. VENDING MACHINES, Every person engaged in, managing, con- ducting or carrying on the business of leasing, letting the.,use of,. renting or maintaining. any. vending, weighing or merchandise machine. or device, not otherwise licensed under this ordinance, and not prohibited by law where coins are inserted of less than 5 cents in value shall pay an annual license of $1.00 for each such machine or device;:, where coins of value of 5 cents and less than 10 cents are inserted, an annual license of $2,00 for each such machine or device; where coins of value of 10 cents or more are inserted, an annual license of $3.00 for each such machine or device. Stamp vending machines selling or dispensing U.S, Stamps for mailing purposes are hereby exempt from the terms and provisions hereof, H. Every person not heretofore mentioned who engages in business, whether or not at a fixed place of business within the City, shall pay a license tax based upon an annual fee or the average number of em- ployees for the preceding calendar year, (January 1 to December 31) at 258 the following rates and in the following classifications: (a) The following businesses and those, though not specif- ically listed, which are considered to be of service nature, shall be designated Classification "A" and shall pay an annual license tax of Twenty -Five Dollars ($25.00) for the first person employed, and Five for each additional employee. In no event, however, shall the fee exceed $125.00. Advertising agencies Finance companies Automobile dealers Florists Auto parts Funeral Directors Auto rentals & leasing Furniture & appliances Bakeries Garages Barber Shops Gardeners Beauty Shops General offices Brokers & Agents Gift & novelty shops Burglar Alarms Glass Business Management Glass & China stores Car Washes Groceries Cleaning buildings Hardware Clothing Stores House movers Clubs Jewelry stores Collection agencies Kennels Combination food stores (meat, Laboratories (all types) food markets & delicatessens) Lapidaries Contractors (all types) Laundries & Cleaning Cosmetologists ¢ Locksmiths- Department Stores Lunch wagons Designers Manufacturing Detectives Masseurs & Masseuses Dressmakers Messenger Service Driving Schools Motion picture theatres Drug Stores Newspaper Employment agencies Opticians (dispensing) Factoring Paint 259 Parking lots Sign painters Patrol service Stables Peddlers (all types) Storage warehouses Printers Surveyors Professional schools (all types) Tailors Public stenographers Tobacco stores Public utilities Travel agencies Repair service Tree trimmers Restaurants Trucks d Retailing Variety stores Rooming houses Wallpapering Service stations Watch repairing Secondhand dealers Wholesaling Shoe stores Window cleaning (b) Businesses of a professional nature, including those hereinafter listed, shall be designated Classification "B" and shall pay an annual license tax of Twenty-five Dollars ($25.00) for each professional person employed, and Five Dollars ($5.00) for each non-professional employee. In no event, however, shall the fee exceed $125.00. Accountants, C.P.A. & P.A. Geologists Architects (including landscape) Optometrists Chemists Osteopaths Chiropodists Physicians Chiropractors Physiologists Dentists Physiotherapists Engineers (all types) Veterinarians (c) Apartment Houses, Mobilehome Parks, Recreational Vehicle Parks, Hotels and Motels. The annual tax for all apartment houses, mobilehome parks, recreational vehicle parks, motels and hotels shall be Fifteen and no/100 ($15.00) Dollars, plus One and no/100 ($1.00) Dollar for each unit or space, whichever is greater, in excess of four (4). In no event, shall the fee exceed $125.00. :260 SECTION 17. CONVICTION DOES NOT EXEMPT PAYMENT OF FEES. i The conviction and punishment of any person for trans- acting any business, trade, occupation or calling without a license shall not excuse or exempt such person from the payment of any license due or unpaid at the time of such conviction, or the collection thereof in a Court of competent jurisdiction, and nothing herein shall prevent a criminal prosecution for any violation of the provisions of this Ordin- ance SECTION 18. REFUNDS. No refund shall be made on any license issued in accord- ance with the provisions of this Ordinance unless the conducting, managing or carrying on of such business as provided in the license shall become unlawful, either by act of the Council or by act of some legislative body having jurisdiction therein, or where payments thereon have been erroneously made by the licensee. SECTION 19. MISTAKE IN AMOUNT. In no case shall any error made by the City License Col- lector or any deputy of the City License Collector in preparing a license, or stating the amount of the fee therefor, prejudice the collection by the City of the amount actually due under this Ordinance for the carrying on of any business, trade, or occupation, nor shall the issuance of a license by the City License Collector or said deputy authorize the carrying on of any business, trade or occupation in any zone orlication contrary to the provisions of the zoning ordinances of the City now in effect or which may hereafler be adopted. SECTION 20. LICENSES NOT TRANSFERABLE. Unless otherwise specifically provided or authorized by the City Council, licenses issued hereunder, shall be nontransferable. Before any license is transferred, the person applying for the transfer shall make application for a license as provided in Section S. No license shall be valid for any location other than that specified in the license without a written endorsement of the City Licensee Collector thereon. 261 The City License Collector shall make a charge of $.50 for each duplicate license issued to replace any license which has been lost or destroyed. SECTION 21. PENALTIES, Every person who conducts a business, profession or occupation subject to the provisions hereof without obtaining a license therefor shall be guilty of a misdemeanor punishable by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the County Jail for a period of not more than six (6) months, or;by both such fine and imprisonment. SECTION 22. CERTIFICATION AND PUBLICATION, The City Clerk shall certify to the passage and adoption of this Ordinance by the City of San Juan Capistrano on the 23rd day of November, 1970, and shall cause the same to be published in the Coastline Dispatch, PASSED, APPROVED and ADOPTED this 23rd day of November, 1970, by the following vote, to wit: AYES: COUNCILMEN: THORPE, BATHGATE, CHERMAK, GAMMELL and FORSTER NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: NONE a 67 Thomas A. Forster, Mayor City of San Juan Capistrano AT Deputy ity lerk City of San Juan Capist ano STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss, CITY OF SAN JUAN CAPISTRANO ) 262 I, JETTA A. ANAYA, Deputy City Clerk of the City of San Juan Capistrano, California, hereby certify that the foregoing Ordinance No. 171 is a true and correct copy of an Ordinance of the City Council of the said City, adopted by the City Council on the 23rd day of November, 1970. (: & 'th - D uty ity ler