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Ordinance Number 2448 ATTEST: City Clerk Pro Tem State of California ) County of Orange ) ss. City of San Juan Capistrano) I, Ernest Thompson, City Clerk Pro Tempore of the City of San Juan Capistrano, do hereby certify that the foregoing and attached Ordinance was finally passed, approved and adopted by the City Council of the City of San Juan Capistrano at a regular meeting thereof held on the first day of May, 1961. (SEAL) AYES: Councilmen: Bathgate, Chermak Durnford, Olivares, Buchheim NOES: Councilmen: None ABSENT: Councilmen: None City Clerk Pro Tem ORDINANCE NO. 24 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO ESTABLISHING THE LICENSING OF BUSINESSES, PRO- FESSIONS AND TRADES; PROVIDING FOR THE PROCEDURES TO BE FOLLOWED, SETTING THE TAA RATES AND PRo+ VIDING FOR EXEMPTIONS THEREFROM; PRESCRIBING PENALTIES FOR THE VIOLATION HEREOF AND DECLARING THE URGENCY HEREOF. 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 Ordinance, by bona fide employeestin the regular course of their employment, to engage in, carry^; on, conduct, in the City, the business, trade, calling, profession, exhibition 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 herein- after 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 49 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 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 comptent jurisdiction, for the amount of license by this OrdinaAce imposed on such trade, calling, profession or occupation together with cost of suit. SECTION 3. License Periods and Dates Payable. All license shall be paid in advance in lawful maney of the United States at the office of the City License Collector. The monthly license shall be due and payable in the City on the first of every months, in .advance, from all persons who have for the previous month been licensed to carry on the same business, trade, cal- ling or occupation, and from all persons who have not been licensed for the previous month: -for the same business, trade, calling or occupation the license shall be due and payable and must be procured by such person before commencing to carry on such business, trade, calling or occupation. The first annual license shall be issued for the unexpired period of such year, except as herin otherwise in this Ordinance specifically provided. SECTION 4. License Due. The license 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 became due and on the first day of each month therafter 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. T he provisions of this Ordinance shall become effective May 15. 1961 and all license shall be due on this date and on the first day of July 50 each year therafter; provided payment prior to July 1, 1961 will carry such licenses to June 30, 1962. SECTION 5. Other Requirements. In addition to the other requirements of this Ordinance, and rega- rdless of whether or not any person may be <exempt from the payment of license fee under the orovisions of this Ordinance, by reason of being engaged in interstate commerce of 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, periodicals 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 bus- iness or occupation, make application to the City Council and upon approval of such 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 identify himself to said Sheriff's Office by signing and filling out an identific- ation bland which shall contain the follwing .information: (a) Name; (b) Age; (c) temporary address, if any; (e) permanent address, if any; (d) Local General description of the person in such further detail as said Sheriff's Office may require, including fi- ngerprints. Upon making such application and identification and complying with the previsions of this Ordinance, it shall be the .duty of said Sheri- ff's Office to issue to such person a certificate showing that such person has complied with the previsions of this Section. Such person shall ther- eafter 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. Before any license is issued to any person, such person shall make written application therefor to the City License Collector; such appli- cation must state the nature or kind of business, trade, occupation or calling for which the license is required, the place where such business, 51 trade, occapation 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, occu- pation 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; pro`oided, however, such license may be. issued in the true names of the owners of such business, trade,occupation or calling without 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 prem- ises and operation therein conform to the regulatory ordinance of the City. SECTION y. Sworn Statements Required, When; Statements Confidential. In.all cases where the amount of license to be paid by any 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 mumber of tables, alleys, or ther devices used for any game, or upon the number of rooms in any building, .such person sh- all, 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 off- icer 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 ther 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 thegsin set forth, and the same not i 2 prejudice the right 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 subject to verification by the License Collector or his properly authorized deputies, who are hereby authorized and empowered to in- spect and audit the books and recordsof any and all persons licensed to carry on any trado, business, occupation or calling in this Ord- inance specified. 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 ma- ximum rate herein prescribed for the profession, trade, calling or occupation carried on by such person, in addition to any other pen- alty provided by this Ordinance. SECTION 10. Licenses Upon Which Fees Are Exempt. No license fee shall be required of or from the following: (a) Thoseexemptfrom municipal license tax by virtue of the Constitution and Laws of this State or the United States. (b) Any institution or organization, which is conducted, managed or carried on wholly for the benefit of charitable purposes and from which profit is not derived, either directly or indirectly by any in dividual, 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 there- from are to be appropriated to any church or school or to any religious or benevolent or charitable purpose within the City. _ (d) 8ny honorably discharged soldier, sailer or marine 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 discharge 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 53 products were raised by him on his lands„before the issuance of licenses exempt from fee and any person so peddling shall carry the license with him. (£) Any doctors, lawyers, 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 service. (g) Any commercial travelers or selling agents, selling their goods to dealers for the purpose of resale whether selling for present of future delivery by sample or otherwise. (h) Any person engaged in citrus growing or othei horticultural or argicultural pursuit, and including persons engaged exclusively in the business of caring for, spraying, fumigating, fertilzer, hauling, or bhher gainful occupation in the service of citrus growers or other horticulturists or farmers, except packing houses. Provided, however, that noting in this Section or any subsection hereof shall exempt any person from complying with any of the regulatory measures or provisions of the Ordinance of the City, save and except Provided, further, that any license exempt of fee is nontransferable. 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 co- vered thereby,and the person to whom issued, the business, trade, call- ing, 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 beprinteda sufficient 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 fo- rms 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 o£ the City License 54 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 upon the same coming to his hnbwledge and he shall immediately proceed to - collect the same, in his discretion, by suit or otherwise. SECTION 13. Branch Establishments. _ R seperate license must be obtained for each branch establishment or seperate place of business in which the business, trade calling or occupation is carried on and each license shall authorize the party obtaining it to carry on, pursue, or conduct only such businesses, trade, callings or occupations, described in the licenses, and which are indicated thereby. SECTION 14. Two or Mom Businesses. In the event that any person is operating more than one of the several businesses required to be licensed and the rates therefor, fixed at definite amounts by this Ordinance at the same location and under the same location and under the same management, the licenses tax to be paid by such person shall be the full license of whichever business calls for the highest license fee, and in addition, thereto, shall pay a sem 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 part of the place of business.Every peddler or solicitor or any other person carrying on a trade, business, calling, profession or occupation not having a permanent place of busin- ess in the City and licensed under this Ordinance shall carry his licen- se with him at all times while engai.ed or operating within the City. SECTION 16. License Regulation and Fees. 55 The amount of license fees to be paid to the City, by any person engaged in -or carrying on any profession, trade, calling, occupation or business, designated in this Ordinance, is fixed and established as provided in this Ordinance and such license fee shall be paid by every person engaged in, carrying on or maintaining any profession, trade, occupation, calling or business in the City. For every person engaged in, carrying on or maintaining the profe- ssion, trade, occupation, calling or business: 1. ADVERTISING OUTDOOR. Of outdoor advertising, or sniping, $500. i 00 per year, payable annually in advance. For the purpose -of this Ordinance, the term "outdoor advertising" shall mean the business of painting of signs or advertisements on exte- rior walls or building or the erection and maintenance of advertising structure, electric or skysign, by one person for compensation paid by another person. The term "Sniping" shall mean the business of adverti- sing by posting, pasting, sticking, tacking, hanging, affixing or placing of cloths, paper or cardboard sign, card or posters, or tin signs to or upon fences, posts trees, buildings or structures or surfaces other than advettising structures with or without the written consent of the owners, holders, lesser, agent or trustee thereof on which any sniping is done. 2. AGENTS. Every person not having a regularly established place of business in the City, selling or soliciting orders for the sale of any foods, of any kind or nature having a fixed place of business in the City, selling or soliciting orders for the sale of any goods of any kind or nature, and also every person not having a fixed place of busi- ness in the City, soliciting orders for service of any kind or character whether, the sum of $10.00 per day; provided, however, that no license shall be issued for a lesser period than five consecutive days, or $100. 00 per annum. The provisions of this subsection shall not apply to pe- rsons selling or soliciting to sell or, ta:e orders for the sale of goods from merchants in the City who have in stock the goods, ware or merchan- dies 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• 5 ti 3. AM11SEMENTS: CARDS, BOWLING, DANCING, SKATING, SHOOTING GALLERY. Of conducting, managing or carrying on any business hereinafter in this subsection mentioned such license shall be the amount as set forth herein: (a) Any business of maintaining a place where tables are used by the public for playing cards, and for the use of which a fee or compen- sation is charged the players, $20.00 oer year for each table whether or not the same is in actual use. (b) Any shooting galley, public bowling,skee ball, or bat ball alley or hand ball court, shuffleboard or any other similar device, eq- uipment or means of entertainment, $12.00 per year for each such alley or any other similar means of entertainment. (c) Billards 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. (d) Any ice or roller skating rink, enclosure or park, $100.00 per year; this shall not apply to any exhibition given in any resturant cafe, hotel or theater, when the public are not permitted to participate in the exhibition. The above mentioned places of amusement shall be subject to and goLerned by any regulatory ordinance of the City now in effect or which may hereafter be adopted. Provided however, that no license shall be granted on any applica- tion under this subsection unless the application is accompanied by a permit in writing from the Council. (e) Every person engaged in business and conducting, managing or operating on their premises juke boxes, devices for playing of records or music automatically upon the deposit of a coin, slug or other device, or any other instrument?. or machine of like character not licensed he- reunder, $12.00 per annum for each machine. 4. AMUSEMENTS, CIRCUS, MENAGERIE, TENT SHOWS,.THEATRICALS, VAUDEVILLE. (a) 0£ conducting, managing or carrying on a circus or other sim- ilar exhibition, the fee shall be $50.00 per day; for every side show conducted in conjunction, $10.00 per day; for every parade conducted 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. a (b) Of conducting, managing or carrying on any carnival or other 57 similar exhibition, consisting of five or less e&ncessions, $25.00 for the first day and $12.00 for each additional day; for each concession -- in excess of five, $5.00 for the first day and $2.00 for each additional day. (e) Of conducting, managing or carrying on any lecture or traveling theatrical performance under or surrounded or partially enclosed by canvas such as comedy, spoke drama, opera or con^erts, $25.00 for the first day and $12.00 for each additional day; for any of such performance held in any public hall, club room, assembly hall or theater, where movable sc- enery and theatrical appliances are used, whether or At any admission fee is charged, $2.00 per day. That the holder of a theater license shall not be required to procure an additional license or conduct, mai- ntain or carry on any theatrical or vaudeville performance when such performance is conducted at any each theater so licensed. (d) Of conducting, managing or carrying on a trained animal show to khich an admission fee is charged or collection taken, $25.00 per day. 5. AMUSEMENTS, GOLF OR ARCHERY. Of operating a golf couse, mina- ture golf course, bicycle course, golf practice driving course or arch- ery range, $25.00 per year. 6. AMUSEMENTS, THEATER. Of conducting a theater at an established place of business, constructed and designed for theatricaJ_ purpose, $50.00 per year. 7. AMUSEMENTS, RIDING ACADEMY. Of a riding academy where instru- ctions in horseback riding are given or horses or other animals are ma- intained 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 ordinance of the City, now in effect or which may hereafter be adopted. Provided, however, that no license shall be granted on any applic- ation under this subsection unless application is accompanied by a permit in writing from the Council. 8. AUCTION SALES. For auctioneering, $100.00 per day, provided that na license shall be issued without a permit being first obtained 58 from the Council. Application shall be made to the Council on blankd to be furnished by the City Clerk, and the Council may grant the permit applied for, or it may in the exercise of a sound and reasonable diocre_ tion, when the public interest may so require, revoke or suspend the permit; provided however that the permit ,shall be required but no lice- nse shall be required for the sale at a public auction of the stock on hand of any person of one year preceding such sale, have been continu- ously in business in the City as a retail or wholesale merchants, deal- ing in the kind of property so auctioned of sold, but sales at public auction for the purpose of closing out the stock of any kind of property on hand shall be held on successive days, Sunday and legal holidays exce- pted, and shall not continue for a longer period than thirty days from the commencement of the sale and shall be permitted only when the merc- hant 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 charitable or benevolent purposes or for any judicial sales. The provisions of this Section shall not apply to any sale upon execution or other court process nor to any sale pursuant to the power of sale contained in any chattel mortgage, pledge agreement of deed of trust. 9. AUTOMOBILE PARKING. Of maintaining any automobile storage or parking place in or on any lot or parcel of land but maintaining no bu- ilding orother structure upon such lot or parcel of land in which are kept or stored any such automobile, $12.00 per annum. For operating any auto park occasionaby or temporarnfiy $1.00 per day for each day such auto park is operated, such daily payments to be in lieu of the $12.00 per annum license fee above provided for. 10. BARBER SHOP OR BEAUTY PARLOR. Of a barber shop or beauty pa- rlor, for khe first two or lass barbers, operators or manicurist, $12.00 per annum; for each additional barber, operator or manicurist, $6.00 per annum. For each shoe shiner employed in connection with any barber or beauty parlor, $6.00 per annum. 11. BATHS. Of giving steam baths, electric light baths, sponge baths, sun baths, minerals baths, Russian, Swedish or Turkish baths, or any public baths place which maintains in connection therewith a steam room plunge, shower bath or sleeping accommondations, $2$.00 per annum. 59 12. PEDDLERS. For every person having a regular established route engaged in or carrying on the business of a peddler of meats, game, pou- ltry, fish, fruit, cosmetics and toilet articles, vegetables, butter, eggs, ice-cream, household condiments and spices, cultery, coffee or tea by means of any motor propelled vehicle, $12.00 per annum for each vehicle. 13• BUSINESSES AND PROFESSIONS ENUMERATED. Of conducting, managing, carrying on or engaging in any business, profession or occupation each individual, natural or corporate person, whether or not a member of any association, partnership or any other business organization engaging in such business profession or occupation, the sum of $16.V0 per year per person. Advertising Agent, Appraiser, Architect, Assayer, Attorney at Law, Auditor, Accountant, Bacteriologist, Broker or Commission Agent, Chemist, Chiropdist, Civil, Electrical, Chemical or Mechanical Engineer, Chiropractor, Collection Agency, Commercial Artist, Dancing Academy, - Dentist, Designer, Illustrator, Drugless Practitioner, Engraver, Entomologist, Geologist, Insurance Adjuster, Interpreter, Interior Decorator 60 Landscape Gardener, Lapidary, Lithographer, Midwife, Naturopath, Optician, Optometrist, Oculist, -- Osteopath, Osteopathist, Physician, Physiotherapist - Piano Tuner, Public Stenographer, Real Estate :Brinker, Roentgenologist, - Stock and Bond Broker, Surgeon, Sign Painter, Taxi.demist, Upholsterer, - Veterinary, And of every person carrying on or engagedinthe business of treating, curing, administering to or giving treatments to the sick, wounded or infirm for the purpose of bringing about their recovery, by any method or pursuant to any belief, doctrine or system other than those herein- above specifically named and charging a fee or compensation therefor. The provisions of this subsection shall not be constructed to imp- ose an additional fee for any person employed by the licensee as clerk ' or other subordinate, or when such person is not licensed or admitted under state law togaactice the nrofession, business or calling of his employer. 14, CLEANING AND DYEING. Of managing or carrying on a plant fac- tory or establishment for the cleaning or dyeing of any garment, fabric, substance or article by any process of washing or immersing in a volat- ile or inflammable oil or liquid, $50.00 per annum. 61 15. CLEANING, DYEING AND LINEN SERVICE SOLICITORS. 0£ engaging in the business of soliciting or delivering any garment, fabric, sub-. stance or article, either to or from any plant or factory, not having a fixed place of business in the City, whether such business is carried on directly or whether such business is.carried on through an agent in said City, $20.00 per annum. M. CLEANING BUILDINGS AND FURNISHINGS. Of cleaning buildings, rooms, furnishings, windows and of mothproofing furnishings by compre- ssed air, vacuum cleaner or other device by means of any machine drawn power, $16.00 per year. No license fee shall be required of a mainten- ance man or his employer by reason,of this subsection. 17. COLD STORAGE OR REFRIGERATION PLANT. Of cold storage or ref- regeration plant for the purpose of storing fruit, vegetables, meats, fish, eggs or dairy products, $16.00 per annum. 18. GENERAL CONTRACTORS OR BUILDER, ELECTRICIAN, PLUMBER, GASFITTER HOUSE MOVER, HEAT AND INSULATION, INSECT AND TERMITE CONTROL, and all contractors and subcontractors not specifically mentioned herein, $35.00 per year or fraction thereof, for General Contractors; $30.00 per year or fraction thereof for subcontractors, provided that contractors and subcontractors not having fixed place of business in the City shall pay $70.00 and $60.00 per annum, respectively. - A Contractor within the meaning of this Chapter is a person who for either a fixed sum price, fee, percentage or other compensation other than wages, constructs, alters, repairs, adds to or improves any structure, highway, road, excavation or building provided that such person shall be licensed as a contractor by the California Contractors State License Board and shall exhibit his State Contractor's License when applying for the license. 19. DRAMATIC ART, HANDICRAFTS, MUSIC, ETC., TEACHER OF. of a tea- cher of drawing, painting handicrafts, .music-, sculpture,.speech or ot- her fine art, for each individual person so engaged, whether a member or employee of any other person, partnership, corporation or other bus- iness organization, except public, parochial or private schools engaged 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 subord- (i) inate employees of such teachers. 20. EMPLOYMENT BUREAU. Of employment bureau, $8.00 per annum. For the purpose of this Ordinance the term "employment Bureau" is defined as the business of securing employment for any person or persons for a fee or compensation. 21. JUNK DEALERS OR DEALERS I? OLD OR USED ARTICLES. Of collect- ing or selling at either retail or wholesale or otherwise.dealing in junk or rubbish, waste material, refuse or any old rags, sacks, bottles, _ cans, papers, metals, jewelry, precious metals, rubber, brie-abrac, co= rdage, truck or automobile, tires, truck or automobile.parts, truck or automobile accessories, and other like articles whether the same can be sold or otherwise disposed of in the condition of state of repair as collected or whether the same is collected,! bought or sold or other wise disposed of for the purpose of being treated, repaired or prepared so as to be usedagsin in some other form, $25.00 per annum or fraction thereof. 22. LAUNDRIES. For every person operating a steam laundry or en- gaged in the laundry business within the City, and every person who so- licits for any steam or hand laundry not having a permanent or fixed place of business within the City, $50.00 per annum, and in the case of persons operating more than one such laundry under separate names, $50.00 per annum for each laundry the same and if each such laundry were seperat- ely owned. The provisions of this Ordinance shall not be deemed to require a license of women who are actual residenee of the City and who do wash- ing in the homes or in the homes of their employers as means of 13,velih6od. 23. LIVERY STABLES. Of a feed or livery stable, $20.00 per annum. 24. (MESSENGER SERVICE. Of furnishing messengers or messenger se- rvice, $12.00 per annum per messenger. 25. MILK OR BAKERY WAGONS OR TRUCKS. Of a milk or bakery wagon or other vehicle operating from a plant or farm, having no fixed place of business within the City, for the purpose of selling or delivering dairy or bakery products at retail, for each such vehicle or wagon, $25.00 per annum. 26. NEWSPAPERS, MAGAZINES - FOREIGN. Of acting as agent for or 63 selling or delivering newspaper or magazines capable of being entered as second class matter under the provisions of the United States Post Office regulations ans Federal Statutes, not printed or published with- in the City, to regular customers or bona fide subscribers, $16.00 per annum. 27. RETAIL SALES AND MISCELLANEOUS. Of carrying on the business consisting mainly of. selling at retail any goods, or conducting, maint- aning or carrying on any trade, occupation, calling or business not ot- herwise specifically licensed by other subsection of this Ordinance, the minimum license tax shall be $25.00 per annum for the i41rst three empl- oyees engaged in.such activity; Thereafter each such activity shall pay an annual tax at the rate of $2.00 per annum for each employee in excess of the first three employees. 28. 14HOLESALE BUSINESS. Of carrying on a business consisting ma- inly of manufacturing, packing, processing, canning or selling at whole- sale any godds, wares or merchandise or produce, or selling at retail new or usedautomobiles and trucks, together with every other associat- ion of persons maintaining a place of business where the products of its members are received and prepared for shipment or sale, not other- wise specifically licensed by any other subsection of this Ordinance, the minimum license tax shall be $25.00 per annum for the first three employees engaged in such activity; Thereafter each such activity sh- all pay an annual tax at the rate of $20.00 per annum for each employee in excess of the -first three employees. 29. APARTMENT HOUSE, ROOMING HOUSE OR, MOTEL. Every person manag- ing or carrying on the business of any apartment house, rooming house or motel, consisting of 4 or more units, shall pay a minimum annual li- cense fee of $12.00 per annum for the first four units and for each ad- ditional unit over four; $2.00 per annum.per unit, provided that the maximum fee shall be$30.00 per annum. Any business licensed under this section shall require a Health Department Approval of the premises prior to each annual renewal of such license. 30. SHOE SHINING. Of a shoe shining or shoe polishing stand $8.00 per annum for each person employed or working therein. 31. TRANSPORATATION AND TRUCKING OF BEVERAGES. Of running, driving 64 or operating any automobile, automobile truck, or any other motor prop- elled vehicle used for the transporation of any beverages not prohibited by any ordinance of the City, exact, mineral water, purified water, di- stilled water, or any syrups or soft drinks, and which vehicle receives or discharges at a point within or without the City, $15.00.per annum for each such vehicle. 32. TRANSPRORATION OF PROPERTY - TRUCK. Of running,driving or operating any automobile truck or any other motor propelled vehicle used for the transporation of baggage, express, freight, household goods merchandise, lumber, gravel, sand, brick or any other materials and which vehicles receives or discharges baggage, express, freight, household goo- ds merchandise, lumber, gravel, sand, brick or any other materials, at point within or without the City, for each vehicle: Of less than 1 ton capacity, $6.00 per annym; Of 1 ton and less than 2 tons capacity, $10::00 per annum; Of 2 tons and less than 3 tons capacity, $14.00 per annum: Of 3 tons capacity and over, $20.00 per annum. In determihifig: the -capacity of any such vehicle, the manufacturerPs- rated capacity shall be used. For each team or cart, dray or other horse-drawn vehicle transpor- ting property as above enumerated $10.00 per annum. (b) TRANSPORTATION OF PROPERTY - TRAILER. Of running, driving, or operating any vhhicle drawn by or attached to any motor driven vehi- cle, when such vehicle is used for the transporation of baggage, express, freight, household goods, merchandise, lumber, gravel, sand, brick or?any other materials, and which vehicle receives or discharges, express, frei- ght, household goods, merchandise, lumber, grai+el, sand, brick or any other materials at points within or without the City, for each such ve- hicle of less than 1 ton capacity, $3.00 per annum; Of 1 ton and less than 2 tons capacity, $4.00 per annum; Of 2 tons and less than 3 tons capacity, $8.00 per annum; Of 3 ton capacity and over, $12.00 per annum. In,:determining the capacity of any such vehicle the manufacturer's rated capacity shall be used. Provisions of this subsection shall not apply to persons operating such vehicles incident to carrying on of another business at some fixed place of business within the City licensed under some other subsection 65 of this Ordinance. 33• TAXI CABS. 0£ operating any taxi cab for carrying passengers for hire, the sum of $20.00 per annum for the first vehicle so operated and $12.00 per annum for each additional vehicle so operated, provided in the case of persons applying for licenses to engage in the business of operating taxi cabs, no license shall be issued unless and until the applicant therefor produces satisfactory proof to the Council that such applicant carries upon each vehicle to be operated as a.taxi cab, public liability and property damage insurance in reasonable amount and with responsible companies as may be approved by the Councili. 34. VENDING MACHINES. For every personengagedin, managing, co- nducting or carrying on the business of leasing, letting the use of, renting or maintaining in places of business in the City, any vending weighing, or merchandise machine or device, not otherwise licensed un- der this Ordinance, and not prohibited by law, wherein the sum of one cent or less than five cents is charged or collected for such machine or device by means of a coin slot or otherwise, $10.00 per year for the first ten or less machines, and $1.00per year per machine for each ma- chine in excess of ten; where the sum of five cents and less than ten cents is charged or collected for each such machine or device by means of a coin slot, or otherwise, $20.00 per year, for the first ten or less machines and $ 2.00 per year; pe machine for each machine in excess of ten; where the sum of ten cents and over is charged or collected for such machine or device by means of a coin slot or otherwise, $30.00 per year for the first ten or less machines, and $3.00 per year, per machine in excess of ten. All operators of vending, weighing or merchandise machines covered by this Ordinance shall file with the City License Collector A statement showing the location of each machine for which a license is required here- in. All operators of vending weighing or merchandise machines covered by this Ordinance shall to each such machine a sticker or seal be furn- ished by the City License Collector, the sticker or seal to be placed upon the machine in a conspicious place. The Sheriff's Office of Orange County shall be empowered to seal 66 the coin slot on any vending, weighing or merchandise machine which does not bear a sticker or seal showing that the current year's license fee had been paid and shall notify in writing the City License Collector of the location and owner, if possible, of any machine so.sealed. Stamp vending machines selling or dispensing United States Stamps for mailing purposes are hereby exempt for th$ terms and provisions hereof. 35• DOG KENNEL. 0£ operating or maintaining any dog kennel, $25.00 per annum. More than 3 dogs maintained at any one location shall const- _ itute a kennel. 36. .For all business not specifically enumerated in this Ordinan- ce $25.00 per annum. - ORDINANCE NO. 25 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO REGULATING THE DRILLING AND RPODUCTION OF HYDRO- CAREON SUBSTANCE: ESTABLISHING PROCEDURES THERE- FOR PR'SCRIBING PENALTIES FOR THE VIOLATION HERE- OF: AND DECLARING THE URGENCY HEREOF. SECTION 1. Definitions. "City" shall mean the City of San Juan Capistrano in the County of Orange, State of California. . -CONTROLLED DRILLING SITE" and "SITE" shall each mean that partic- ular area located within any part of the City upon which surface opera- tions for oil well drilling or otheroperations for the production of oil, gas or other hydro-barbon substance shall be permitted under the provisions of this ordinance established and controlled as hereinafter provided. "OIL" as used in this ordinance shall mean and include oil, gas and other hydro -carbon substances. "SHALL" and "MAY": "SHALL", when used in this ordinance shall be mandatoryf "May", when used in this ordinance is permissive. - "PERSON", shall mean and include one or more natural persons, ass- ociations, co-partnerbhips, corporations or other legal entries. "NUISANCE": The term "Nuasance" as used in this ordinance shall be declared,to be nuisance by Section 3479 of the Civil Code of the State of California, or Section 370 of the Penal Code of the State of California. SECTION 2. Permit required.