Ordinance Number 167' 225
ORDINANCE NO. 167
AN ORDINANCE OF THE CITY COUNCIL OF TBE
CITY OF SAN JUAN CAPISTRANO REPEALING
ORDINANCE NO. 163 AND AMENDING SECTION
16 OF ORDINANCE NO. 24.
The City Council of the City of San Juan Capistrano
does hereby ordain as follows:
SECTION 1. Ordinance No., 163 of the City of San Juan
Capistrano is hereby repealed.
SECTION 2. Section 16 of Ordinance No.; 24 is hereby
amended to read as follows:
"Section 16. LICENSE REGULATION AND FEES.
"The amount of license fees to be paid to the City, by any
person engaged in or carrying on any profession, trade, calling,
business or occupation at a particular place of business, de-
signated 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
ity.""For all license fees .falling due on or after July 1, 1970,
the amounts indicated herein shall be divided in half and only
one-half of the normal tax will be collected. Such license fees
shall cover the first half of the fiscal year 1970-1971. There-
after, and beginning on the 1st day of January, 1971, license
fees will be colledted on a calendar year basis in the full
amount as set forth herein."
"For every person engaged in,.carrying on or maintaining
a profession, trade, occupation, calling or business, the
following license fees shall become due and payable:
1. 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 of signs or advertisements on ex-
terior walls or buildings or the erection and maintenance of
advertising structure, electric orskysigns, by one person for
compensation paid by another person. The term "Sniping" shall
mean the business of advertising by posting, past&14g, sticking,
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tacking, hanging, affixing or placing of cloth, paper or card-
board signs, cards or posters, or tin signs to or upon fences,
posts, trees, buildings or structures or surfaces other than
advertising structures with or without the written consent of the
owner, holder, lessee, 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 solicitthgg orders for
the sale of any goods, of any kind or nature, and also every
person hot 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 business
in the City, 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.lesser period than five
consecutive days, or $100.00 per annum. The provisions of this
subsection shall not apply to persons selling or,soliciting to
sell or taking orders for the sale of goods from merchants in 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 isaured. under this
Section until application and identification shall have been made
as required ,,by Section 5.
3. AMUSEMENTS: CARDS, BOWLING, DANCING, SKATING, SHOOT-
ING GALLERY. Of conducting, managing,or carrying on any business
hereinafter in this subsectionmentioned, such license shall be
the amount as set forth herein:
(a)g Any business of maintaining a place where tables are
used by the public forplaying.cards, and for the use of which
a fee or compensation is charged the players, $20.00 per year
for each table whether or not the same is in actual use.
(b) Any shooting gallery, public bowling, skee ball, or
bat ball alley or hand ball court, shuffleboard or any other
similar device, equipment or means or entertainment, $12.00 per
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year for each such alley or any other similar means of entertain-
ment.
(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 restaurant, 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 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 application underthis subsection unless the application is
accompanied by a permit in writing from the Council.
(e) Every person engaged in businessandconducting,
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 hereunder, $12.00 per annum for
each machine.
4. AMUSEMENT, CIRCUS, MENAGERIE, TENT SHOWS, THEATRICALS,
VAUDEVILLE.
(a) Of 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, $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 -ex-
hibition is conducted outside the City, $25.00 per day.
(b) Of conducting, managing or carrying on any carnival
or other similar exhibition, consisting of five or less conces-
Bions, $25.00 for the first day and #12.50 for each additional day;
for each concession in excess of five, $5.00 for the first
day and $2.50 for each additional day.
(c) Of conducting, managing or carrying on any lecture
or traveling theatrical performance under or surrounded or partially
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enclosed 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 theater, 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 theater license shall not be required to pro-
cure an additional license to conduct, maintain, or carry on any
theatrical or vaudeville performancewhensuch performance is con-
ducted at any such theater so licensed.
(d) Of conducting, managing or carrying on a trained
animal show, to which an admission fee is charged or collected
fee is taken, $25.00 per day.
5. AMUSEMENTS, GOLF OR ARCHERY. Of operating a golf
course, miniature golf course, bicycle course, golf practice
driving course or archery range, $25.00 per year.
6. AMUSEMENTS, THEATER. Of conducting a theater at an
established place of business�,constructed and designed for theat-
rical purposes, $50.00 per year.
7. AMUSEMENTS, RIDING ACADEMY. Of a riding academy
where instructions •in horseback riding are given or horses or
other animals are maintained for hire, $12.00 per year, if con-
ducted on the premises; $25.00'per year if conducted off the
premises.
The above mentionedplacesof amusement snall be subject
to and governedbythe 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 permitinwriting from the Council.
B. 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 grant the permit applied for, or it may in the exer-
cise of a sound and reasonable discretion, when the public inter-
ests may so require, rovoke or suspend the permit; provided,
however, that the permit shall be required, but no license shall
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be required for the sale at public auction of the stock on hand
of any person who shall, for the period of one year preceding
such sale, have been continuously in business in the City as a
retail or wholesale merchant, dealing in the kine of property so
auctioned or 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, Sundays and legal holidays excepted, and
shall 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 charitable or benevolent purposes
or for any church festival or bazaar nor to judicial sales. The
provisions of this Section shall not apply to any sale upon ex-
ecution or other court process not to any sale pursuant to the
power of sale contained in any chattel mortgage, pledge agreement
or 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 building or other 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 occasionally or temporarily,
$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 parlor, for the first two or less barbers, operators, or
manicurists, $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 shop or beauty parlor,
$6.00 per annum.
11. BATHS. Of giving steam baths, electric light baths,
sponge baths, Russian, Swedish or Turkish baths, or,any public
bath place which maintains in connection therewith a steam room,
plunge shower bath or sleeping accommodations, .$25.00 per annum.
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12. PEDDLERS. For every person having a regularly es-
tablished route engaged in or carrying on the business of a peddler
of meats,game, poultry, fish, fruit,
cosmetics and toilet articles,
vegetables, butter, eggs, ice-cream, household condiments and spices,
cutlery, 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 hereinafter enumerated,
for each individual, natural
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 $16.00 per year
per person.
Advertising Agent,
Interpreter,
Appraiser,
Interior Decorator,
Architect,
Landscape Gardener,
Assayer, -
Lapidary,
Attorney at Law,
Lithographer,
Auditor, Accountant,
Midwife,
Bacteriologist,
Naturopath,
Broker or Commission Agent,
Optician,
Chemist,
Optometrist,
Chiropodist,
Oculist, -
Civil, Electtical, Chemical or
Osteopath, Osteopathist,
Mechanical Engineer,
Physician,
Chiropractor,
Physiotherapist,,
Collection Agency,
Piano Tuner,
Commercial Artist,
Public Stenographer, -
Dancing Academy,
Real Estate Broker,
Dentist,
Roentgenologist,
D6signer, Illustrator,
Stock and Bond Broker,
Drugless Practitioner,
Surgeon,
Engraver,
Sign Painter,
Entomologist,
Taxidermist,
Geologist,
Upholsterer,
Insurance Adjuster,
Veterinary,
And of every person carrying on or
engaged in the business of
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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 hereinabove specifically named, and
charging a fee or compensation therefor.
The provisions of this subsection shall not be construed
to impose an additionalfeefor any person employed by the
licensee as -clerk or other subordinate, or when such person is
not licensed or admitted under state law to practice the pro-
fession, business or calling of his employer. i.
14'. CLEANING AND DYEING. Of managing or carrying on a
plant, factory or establishment for the.cleaning or dyeing of
any garment, fabric, substance or article by any process of
washing or immersing in avolatile or inflammable oil or liquid,
$50.00 per annum.
15. CLEANING, DYEING AND LINEN SERVICE SOLICITORS. Of
engaging in the business of soliciting or delivering any garment,
fabric, substance or article, either to or from any plant or
factory, not having a fixed place of business in the City, whether
such business is carries on directly or whether such business is
carried on 'through an agent in said City, $20.00 per annum.
-16.. CLEANING, BUILDINGS AND FURNISHINGS. Of cleaning
buildings, rooms, furnishings, windows and of mothproofing
furnishings by compressed air, vacuum cleaner or other device by
means of any machine drawn power, $16.00 per annum. No license
fee shall be required of a maintenance man or his employer by
reason of this subsection.
- 17. COLD STORAGE OR REFRIGERATION PLANT. Of cold
storage or refrigeration plant for the purpose of storing fruits,
vegetables, meats, fish, eggs or dairy products, $16.00 per
annum. I
18. GENERAL CONTRACTORS OR BUILDER, ELECTRICIAN, PLUMBER,
GASFITTER, HOUSR MOVER, HEAT AND INSULATION, INSECT AND TERMITE
CONTROL and all contractors and subcontractors notspecifically
mentioned herein, $35.00 per year or fraction thereof; for
General Contractors; $30.00 per year or fraction thereof for
Subcontractors.
A Contractor within the. meaning of thisChapteris a
person who for either a fixed sum,. price,-£ee,.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 con-
tractor by the California Contractors's 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 teacher of drawing,painting, handicra£ts.,.music,. sculpture,
speech or other fine art, for each individual.person so engaged,
whether a member or employee of any other person, partnership,
corporation or other business 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 subordinate
employees of such teachers. _
20. EMPLOYMENT.BUREAU. Of. an. employment bureau, $8.00
per annum. _. ... - .
For the purpose of this,Ordinance the term "employment
bureau" is defined_as. the business of-securiTQ employment for any
person or persons for a fee or compensation.. .
21. JUNK DEALERS OR DEALERS IN OLD OR USEU.ARTICLES.
Of collecting„ buying or selling at either retail..or wholesale or
otherwise dealing in junk or rubbish, waster material., refuse or
any old rags, sacks, bottles, cans, papers, metals, jewelry,
precious metals, rubber, bric-a-brac, cordage, 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 or state of repair as collected or
whether the same is collected, bought or sold or otherwise dis-
posed, of for the purpose. of, being treated, repaired or prepared
so as to be used again in some.other form, $25.00,per annum or
fraction thereof.
22. LAUNDRIES. For every person operating a -steam
laundry or engaged in the laundry business within the City, and
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every person who solicits 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 such laundry the same as if each such laundry were separately
owned.
The provisions of this Ordinance shall not be deemed to
require a license of women who are actual residents of the City
and who do washing in their own homes or in the homes of their
employers as a means of livelihood. d
per annum.
23. LIVERY STABLES. Of a feed or livery stable, $20.00
24. MESSENGER SERVICE. Of furnishing messengers or
messenger service, $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 selling or delivering newspapers or magazines capable
of being entered as second class matter under the provisions of
the United States Post Office regulations and Federal Statutes,
not printed or published within 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, maintaining or carrying on any trade, occupation,
calling or business not otherwise specifically licensed by
other subsections 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 shall pay an
annual tax at the rate of $2.00 per annum for each employee in
excess of the first three employees.
28. WHOLESALE BUSINESS. Of carrying on a business con-
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sisting mainly of manufacturing, packing processing, canning or
selling at wholesale any goods, wares or merchandise or produce,
or selling at retail new or used automobiles and trucks, together
with every other association of persons maintaining a place of
business where the products of its members are received and
prepared for shipment or sale, not otherwise specifically licensed
by any other subsection of this Ordinance, the minimum license
tax shall be $25.00 per annum for the first three employees en-
gaged 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.
29. APARTMENT HOUSE, ROOMING HOUSE OR MOTEL. Every
person managing or carrying on the business of any apartment
house, rooming house or motel, consisting of 4 or more units,
shall pay a minimum annual license fee of $12.00 per annum for
the first four units and for each additional 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 Certificate of Occupancy and Fire
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. TRANSPORTATION AND TRUCKING OF BEVERAGES. Of
running, driving, or operating any automobile, automobile truck,
or any other motor propelled vehicle used for the transportation
of any beverages not prohibited by an ordinance of the City, ex-
tract, mineral water, purified water, distilled water, or any
syrups or soft drinks, and which vehicle receives or discharges
at points within or without the City, $15.00 per annum for each
such vehicle.
32. (a) TRANSPORTATION OF PROPERTY - TRUCK. Of
running, driving or operating any automobile, automobile truck
or any other motor propelled vehicle used for the transportation
of baggage, express, freight, household goods, merchandise, lum-
ber, gravel, sand, brick or any other materials and which vehicle
receives or discharges baggage, express, freight, houveho1d goods,
merchandise, lumber, gravel, sand, brick or any other materials,
235
at points within or without the City, for each such vehicle: Of
less than 1 tone capacity, $6.00 per annum; 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 determining the capacity of any such vehicle, the
manufacturer's rated capacity shall be used.
For each team or car, dray or other horse-drawn vehicle
transporting property as above anumerated, $10.00 per annum.
(b) TRANSPORTATION OF PROPERTY - TRAILER. Of running,
driving, or operating any vehicle drawn by or attached to any
motor driven vehicle, when such vehicle is used for the trans-
portation of baggage, express, freight, household goods, mer-
chandise, lumber, gravel, sand, brick or any other materials,
and which vehicle receives or discharges baggage, express,
freight, household goods, merchandise, lumber, gravel, sand, brick
or any other materials at points within or without the City, for'
-
each such vehicle of less than 1 ton capacity, $3.00 per annum;
Of 1 tone 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 use.
Provisions of this snibsection shall not apply to persons
operating such vehicles incident to carrying on of another bus-
iness at somefixedplace of business within the City licensed
under some other subsection of this Ordinance.
33. TAXI CABS. Of 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 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
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liability and property damage insurance in reasonable amount
and with responsible companies as may be approved by the Council.
34. VENDING MACHINES. For every person engaged in,
managing, conducting 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 under 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 $1.00 per year per machine for each machine
in excess of ten; where the sum of five cents and less than ten
cents is charged or collected for 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 per 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 yearforthe 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 herein.
All operators of vending, weighing or merchandise machines
shall affix to each such machine a sticker or seal to be furnished
by the City License Collector, the sticker or seal to be placed
upon the machine in a conspicuous place. _
The?Sheriff's Office of Orange County shall be empowered
to seal 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 has 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 from the terms and
provisions hereof.
-35. DOG KENNEL. Of operating, or maintaining any dog
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kennel, $25.00 per annum. More than 3 dogs maintained at any one
location shall constitute a kennel.
36. For all businesses not specifically so numerated
in this Ordinance $25.00 per annum.
SECTION 3. Effective Date.
This ordinance is an urgency ordinance for the immediate
preservation of the public peace, health and safety and shall
take effect immediately. The facts constituting the urgency are
as follows:
The foregoing ordinance in amending theabusiness license
provisions within the City should, to maintain the proper
administration thereof and to assure an essential even flow of
license money into the City Treasury, become effective prior to
the beginning of the fiscal year 1970-1971.
SECTION 4. This ordinance shall be published once in
the Coastline Dispatch, a newspaper of general circulation
printed in San Juan Capistrano, County of Orange, State of
California, together with the names of the members of the City
Council voting thereon.
PASSED, APPROVED and ADOPTED this 17m day of August,
1970, by the City Council of the City of San Juan Capistrano.
Mayor of the City o
San Juan Capistrano
ATTEST:
=��
L' t errs—oP t o ty 0
San Juan Capistrano
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, ERNEST A. THOMPSON, City Clerk of the City of San
Juan Capistrano, California, do hereby certify that the attached
and foregoing Ordinance No. 167 was duly and regularly adopted
by the said City Council at an adjourned meeting thereof held on
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the 17th day of August, 1970 and passed by the following vote, to wit:
AYES: COUNCILMEN: GAMMELL, BATHGATE, CHERMAK,
THORPE and FORSTER
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: NONE
�
Ic City
Clerk