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ORDINANCE 382AP 25-1 -4 ORDINANCE NO. 382. AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, PROVIDING FOR LICENSING AND REGULATING CERTAIN KINDS OF BUSINESSES, TRADES, CALLINGS, VOCATIONS, PROFESSIONS, MMBITIONS, SHOWS, ENTERPRISES AND OCCUPATIONS COMMCED, CONDUCTED OR CARRIED ON WITHIN SAID CITY; rinm THE AMOUNTS OF THE RESPECTIVE LICENSE FEES THEREFOR; PROVIDING FOR THE COLLECTION OF SUCH LICENSE FEES; AND WMAL- ING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONPLICT TEMMITH. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1, DEFINITIONS. That for the purposes of this ordinance,the words hereinafter defined in this section shall be given the respective meanings hereinafter in this section respec- tively ascribed to them, and shall be interpreted and construed accordingly. 1. The singular shall include the plural. 2. The masculine shall include the feminine and neuter. 3. The word "person" shall include person, firm, asso- ciation, co- partnership, joint adventure and corporation, whe- ther acting as principal or agent, clerk, employee, or servant, either for or on behalf of himself or for any other person, form, association, co- partnership, joint adventure or corpor- ation, or otherwise. 4. The word "business" shall include business, trade, calling, vocation, profession, exhibition, show, enterprise, activity and occupation. - 1 - 5. The word "city" shall mean the City of E1 Segundo, in the County of Los Angeles, State of California. 6. The word "commence" shall include commence, begin, initiate, start, open and establish. 7. The word "conduct" shall include commence, conduct, transact, maintain, prosecute, practice, operate and carry on. 8. Whenever the words "Council" or "City Council" are used in this ordinance, they shall mean and be construed to mean the City Council of the City of E1 Segundo, California; the words "City Clerk" shall mean and be construed to mean the City Clerk of said City; and the words "Chief of Police" shall mean and be construed to mean the Chief of Police of said City. 9. Whenever the word "vehicle" is used in this ordi- nanee, it shall mean and be construed to mean every apparatus, contrivance or device in, upon or by means of which any per- son or property is or may be transported, conveyed, propelled or drawn upon a public highway excepting boxes, trays or re- ceptacles carried by hand, and also excepting any apparatus, contrivance or device used exclusively upon stationary rails or tracks; provided, however, that for the purposes of this ordinance a bicycle shall be deemed a vehicle. 10. The words "subject to special permit from the Council to be first obtained* shall mean and shall be construed to mean that no license shall issue, and the City Clerk is not to issue any license to which such words relate or to which same may be made applicable hereinafter unless the City Council of the City of E1 Segundo, California, shall have first authorized, by either motion or resolution, the issuance of the particular li- cense or licenses hereunder so made subject or limited. 11. The words "solicitor" or "canvasser" shall mean and be construed to mean any person who goes from house to house, or from place to place, in the City of E1 Segundo, selling or taking - 2 - 2 16 orders for, or offering to sell or take orders for, any goods, wares, or merchandise or any article for future delivery, or for any service or services to be furnished or performed in the fu- ture, or for the making, manufacturing, furnishing, treating or repairing of any article or'thing whatsoever, for future delivery. 12. The word or term "peddling" shall mean the sale or offering for sale of any goods, wares or merchandise from house to house or from place to place. 13. The word or term "wholesale" shall mean the sale of goods, wares or merchandise for the purpose of re -sale, and no sale thereof to the ultimate consumer, regardless of quantity, shall be, or be construed to be, a wholesale transaction. 14. The words "soft drinks" shall mean beverages for hu- man consumption containing less than 3.2 per cent of alcohol by volume. 15. The words "massage parlor" are defined to mean a place where massage, fomentation, electric or magnetic treat- ments or alcohol or other rubs are given or administered to human beings. 16. The words "bath parlor" are defined to mean a place where water, mud, steam, Turkish, Russian, Swedish or other baths are given or administered to human beings. SECTION 2. That it shall be unlawful for any person to commence or conduct in the City of El Segundo, California, any business specified, named, designated or referred to in this ordi- nance without first having procured a license from said City so to do as provided in this ordinance, or without complying with each and all of the requirements or provisions of this ordinance and any other ordinance of said City now existing or which may hereafter be adopted by the City Council of said City, and which refers or relates to such business; and the commencing or conduct- ing of any such business without having first procured such license - 3 - or without having complied with any and all such requirements or provisions shall constitute a separate violation of this ordinance for each and every day that such business is so commenced or con- ducted. SECTION by this ordinance person commencing license hereunder City in any court license fee impos 3. That the amount of any license fee imposed shall be deemed a debt to said City, and any or conducting any such business without having a so to do shall be liable to an action by said of competent jurisdiction for the amount of the ed by this ordinance on such business. SECTION 4. That all license fees hereunder shall be paid in advance in lawful money of the United States of America, at the office of the City Clerk in said City. SECTION 5. That it shall be the duty of the City Clerk to prepare in duplicate a license under this ordinance for every person liable to pay a license fee hereunder; provided, that said City Clerk may prepare such additional number of duplicate copies thereof as the business and accounting practices of said City may require.. Each such license shall show the amount of the fee therefor, the period of time covered thereby, the name of the per- son to whom issued, the business licensed, and if a fixed or es- tablished place of business, the location or place where such business is to be commenced or conducted. All licenses hereunder shall be signed by the City Clerk or his authorized deputy. When the required license fee has been paid and all other provisions of this ordinance have been complied with, the City Clerk shall issue the original license provided for herein to the licensee named in such license, and shall retain the first dupli- cate copy of such license on file in his office. Other duplicate copies, if any, shall be filed as the business and accounting prac- tices of said City may from time to time require. SECTION 6. That no error or mistake on the part of the City Clerk or otherwise in the determination, statement or - 4 - f1F' �Z� 8 collection of the amount of any license fee shall prevent or pre- judice the collection by or for the City of what shall be actually due from any person commencing or conducting any business subject to a license hereunder. SECTION 7. That all licenses granted or issued hereunder shall be personal to the respective--licensees therein named, and except as hereinafter provided, the same shall not be transferred or assigned. It is provided, however, that where there is any change in name of any licensed business; or such business is sold or transferred in its entirety to a new owner; or in case of a change in ownership of said business, that such new owner or changed owner or owners, may obtain a new license for the then un- expired term of the old license upon surrender of such old license and the payment of a transfer fee of $3.00. SECTION 8. That the City Clerk may on receipt of an af- fidavit filed in the office of said Clerk by or on behalf of any licensee, stating that any license issued hereunder has been lost or destroyed, issue a duplicate of such license to the licensee therein named. A charge of fifty cents shall be made for each such duplicate license issued, which said sum shall be paid into the treasury of said City to the credit of the General Fund thereof. SECTION 9. That a separate license hereunder must be obtained for each branch establishment or separate place of business in which the business licensed hereunder is commenced or conducted within said City, and each license shall authorize the licensee named therein to commence or conduct only that business described in such license and only at the location or place indicated therein; provided, however, that where a license is herein imposed on any business where the number of persons employed in such business is made the basis of fixing the amount of the license fee of such li- cense, a separate license fee shall be paid for each branch estab- lishment or separate place of business in which such business is commenced or conducted, based upon the number of persons emplcy ed - 5 - <5_19 in such branch establishment or separate plade of business. SECTION 10. A penalty of 10% of the amount of such li- cense shall be added to each license which shall remain unpaid at the expiration of fifteen (15) days from and after the date upon which such license becomes due, and upon receiving such delin- quent licenses with such penalty added from the City Clerk, it shall thereupon be the duty of the Chief of Police to collect such licenses and penalties in addition to the amount of license fixed in this ordinance. In determining the delinquent date of any license, the day upon which the same actually becomes due shall be excluded from the computation and the 15th day shall be included. The penalty of 10% of the amount of any such license shall not be deemed to be in lieu of, or in satisfaction of, any other penalty which may be provided in this ordinance for violation of any provision or provisions thereof. SECTION 11. That every person ba wing a license hereunder and commencing or conducting the business therein mentioned at a fixed place shall keep such license conspicuously posted and ex- hibited in said place of business while same is in force, and every person having such a license and not having a fixed place of busi- ness shall carry or transport such license with him at all times while conducting such business. SECTION 12. That every person having a license hereunder shall exhibit the same to the City Clerk or his authorized deputy when applying for a renewal thereof, and whenever requested to do so by any police officer of said city or by any inspector or officer thereof authorized to issue or inspect licenses or collect license fees. The Chief of Police and all police officers of said city shall have and exercise their power: First, to make arrests for any violation of any provisions of this ordinance; Second, to enter, free of charge, any place of business for which a license is - 6 - required and provided, and to demand the exhibition of such li- cense for the current term from any person engaged or employed in the transaction of such business, and if such person shall then and there fail to exhibit such license such persons shall be liable to the penalty provided for a violation of this ordinance. It is hereby made the duty of the Chief of Police to cause a complaint to be made against all persons violating any of the provisions of this ordinance, and as soon as he has knowledge of the same to deliver to the city clerk the names of all persons not paying a license who he believes should be charged with the payment of a license fee. SECTION 13. That in all instances in which a license is required hereunder for the use of any vehicle, the city clerk shall furnish the licensee with a suitable license tag or plate therefor, which said tag or plate shall be attached to the outer left front side of said vehicle. The sum of twenty -five cents for each such tag or plate shall be paid by the licensee. SECTION 14. That the conviction and punishment of any person for commencing or conducting any business without a license hereunder (or without a special permit from the Council when re- quired) shall not excuse or exempt such person from the payment of any license fee due or unpaid hereunder at the time of such con- viction, and nothing herein contained shall prevent a criminal prosecution for any violation of any of the provisions of this or- dinance. SECTION 15. That in all cases where the amount of li- cense fee to be paid hereunder by any person is based upon the number of persons 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 tickets or instruments sold or is- sued, or upon the number of tables or other devices used for any business, enterprise, game or activity, or upon the number of rooms or units in any building or structure, or upon the seating capacity - 7 - F%`'`'I I.:..' c of any enclosure, hall, room or building, such person shall be- fore obtaining a license for his business, and within fifteen days after the beginning of each license period, if such business is established and in operation during any part of said fifteen days, file with the city clerk for his guidance in ascertaining the a- mount of license to be paid or deposited for such person a written statement, certified as true by the Applicant, showing the average daily number of persons 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 maximum admission fees charged, or the number of tickets or instruments sold or is- sued, or the number of tables or other devices used for any busi- ness, enterprise, game or activity by such person, or the number of rooms or units contained in such building or structure, or the seating capacity of any such enclosure, hall, room or building, as the case maybe, at the date of such statement. No such statement shall be conclusive upon the city, or upon any officer thereof, as to the matters therein set forth, or otherwise, and the same shall not prejudice the right of the said 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. If any person hereby required to make any such statement shall fail to do so, such person shall be required to pay a license fee at the maximum rate herein prescribed for the business carried on by such person and shall be guilty of a violation of this ordi- nance and be punishable therefor as hereinafter provided. SECTION 16. That the respective amounts or rates of li- cense fees to be paid to said City by persons commencing or con- ducting any business subject to a license under this ordinance shall be as in this ordinance designated, and such respective amounts or rates of license fees are hereby respectively designated, fixed - 8 - F", r-- A11C3 and established for the respective businesses to which the same respectively relate. Such respective amounts or rates of license fees for such respective businesses are hereinafter set forth, designated, fixed and established in the following sections of this ordinance pertaining to such amounts, rates or fees. SECTION 17. ADVERTISING: (A) Advertising by means of sound trucks, portable loud speakers or sound producing apparatus or equipment, $36.00 per year, or $10.00 per quarter. (B) Advertising by means of portable signs mounted on wagons or vehicles when not in connection with any business 2 1 - censed under subdivision (A) hereof, $24.00 per year, or $7.50 per quarter. (C) Advertising by means of portable search lights or are lights or light producing apparatus or equipment, $24,00 per year, or $7.50 per quarter. (D) Licenses applied for or issued under subparagraphs (A), (B) and (C) above, shall be subject to compliance with all re- quirements of the traffic ordinances and regulations of said City. SECTION 18. ADVERTISING SIGNS - BILLBOARDS. Every person, firm or corporation engaged in the business of contracting, maintaining, using or leasing bill boards or sign boards, or posting, sticking, tacking, affixing or painting bills or signs or both upon the same, $10.00 per annum for each such bill board or sign board, payable in advance, provided, however, that before any bill board or sign board may be erected upon any premises within the City of E1 Segundo, application shall be first made to the City Council of said City for permit so to do, which said appli- cation shall show the name and address of the applicant; a sketch of the proposed bill board or sign board; a specification of ma- terials of which the same is to be constructed; and a description of the premises upon which the same is proposed to be located. Said application shall be filed with the City Clerk of said City, - 9 - - 19 10 (m: _2 f_f and shall be by him delivered to the City Council at the next regular meeting thereof after the filing of the same. Said City Council, upon consideration of said application, may either allow or disallow said application as the public interest, convenience or safety of said City in the discretion of said Council, may re- quire. Upon the allowing of such application, said Council shall direct the City Clerk to issue a permit therefor, showing among other matters thereon, the person, firm or corporation to whom the same is issued, the character of the board to be erected, the lo- cation upon which the same is to be erected and in addition to any other matter thereon contained shall be printed the following: "The City Council reserves the right to revoke the within permit at any time upon refunding to the holder thereof the pro rata portion of the license fee paid therefor, whenever in the dis- cretion of said Council the public interest and necessity or safety of said City demand that the same be removed.", . which said right is hereby expressly reserved to the City Council of said City; provided, however, that no permit for any bill board or sign board shall be issued unless such board is to be constructed of strong and suitable wood or steel frame supports, border and bracing with an advertising surface of metal or other strong and suitable material. The bottom of any such sign shall not be less than one foot above the surface of the ground. The whole of any such bill board or sign board must be substantially constructed and erected so as to effectively withstand a wind pres- sure of at least forty miles an hour. SECTION 19. AGINTS OR SOLICITORS (RETAIL) selling or so- liciting, or taking orders for the sale or furnishing of any paint- ings, pictures, portraits, photographs, orders for advertising or for any goods, wares, merchandise or service at retail not.other- wise provided for herein, when not in connection with any fixed - 10 - w place of business within said City licensed hereunder, $15.00 per day or $30.00 per half year, or $50.00 per year for each salesman or solicitor. SECTION 20. AMUSEMENTS where an admission, fare, fee or charge is charged or made, or a collection or contribution received (and which are not otherwise provided for in this ordinance), such as exhibitions, shows, games, rides, tent performances, merry -go- rounds, carousels, chute- the - chutes, shooting galleries, ferris- wheels, pig slides, ball games, dart games, roller coasters, grunt derbies, whip rides, skooter rides, side shows, illusions and other amusements or concessions similar in character to those, or any of those, hereinabove named, $5.00 per day or $50.00 per month, sub- ject to special permit from the Council to be first obtained. SECTION 21. ARCADE INDOORS where photographs, grapho- phones, talking machines, kinetoscopes, biographs, projectoseopeg weighing machines, muscle testers, lung testers, fortune telling machines, palm reading machines, or any of them, or machines or devices of like character are contained, $100.00 per year, subject to special permit from the Council to be first obtained. SECTION 22. (A) AUCTIONEER. Any person commencing or conducting the business of an auctioneer, auctioning real estate, goods, wares, merchandise or property, or conducting any public auction sale or sales within the City of E1 Segundo, as such auctioneer, shall pay a license fee of $5.00 per day or $25.00 per year. (B) AUCTION SALES. Any person commencing or conducting a sale or sales of goods, wares, merchandise or personal property by or at auction within the City of E1 Segundo shall conduct the same only in accordance with the following regulations and shall pay the license fees therefor as hereinafter set forth, to -wit: 1. Any person desiring a license to sell at auc- tion the stock of merchandise or any part thereof of any business which has been duly licensed by the City of E1 Segundo and has been getually operated and conducted for six months or more immediately prior to the filing of the - 11 - application for an auction license hereunder shall pay a license fee for such sale of $5.00 per day or .x'10.00 per week for the first week, and $10.00 for each addi- tional week or fraction thereof after the first week. 2. Any person desiring a license to sell at auction the stock of merchandise or any part thereof of any business which has not been duly licensed by the City of E1 Segundo or which has been licensed by said City for less than six months immediately prior to the filing of the application for an auction license hereunder, shall pay a license fee for such sale of $25.00 per day or $50.00 per week for the first week, and $50.00 for each additional week or fraction thereof after the first week. 3. Any person desiring a license under paragraphs 1 or 2 above, before receiving any such license, shall furnish a surety bond in the principal sum of $2500.00 conditioned; (a) Upon the observance by applicant of all the provisions of this ordinance relating to such auction sales; (b) Upon the truth of all of the repre- sentations made in connection with the application for such license; (a) Upon the truth of all of the repre- sentations made in the course of aiy auction sale; and (d) As a guarantee that the purchase price of any article purchased at such sale will be returned to any purchaser upon the proof than any false or mis- leading statement or representation has been made con- cerning any personal property sold or offered for sale at any such auction sale or in said auction place of business. - 12 - Said bond by its terms shall be made to inure to the benefit of any person injured or aggrieved as a result of such sale or any purchase made thereat, and shall provide that any such injured or aggrieved person shall have the right of independent action thereon for a period of thirty days from and after the day upon which the purchase, act, statement or representation was made which constitutes the basis of such action. 4. Before conducting any auction sale under any li- cense issued under paragraphs 1 and 2 above the licensee must file with the License Collector and the Chief of Po- lice a full, true and correct inventory of all items of personal property to be offered for sale at said sale. The application must specify, also, the day or days upon which such sale is to be conducted, provided, however, that no license may be issued for a period of more than 30 consecutive days, and such sale or sales shall not be permitted beyond a period of 30 consecutive days. The License Collector and the Chief of Police, either person- ally or through their representatives, shall have the right to be present as official observers representing the City of E1 Segundo, at any and all such auction sales, for the pur- pose of seeing that no personal property is sold thereat except such as is included in the inventory so filed; and such officers or their said representatives shall have the power to prevent the sale of any item or items not included in such inventory. 5. The licensee at any such auction, by offering any merchandise or personal property for sale thereat, shall thereby warrant that all representations made with reference to such merchandise or personal property in the course of such sale are true and correct. - 13 - 6. No person carrying on any such auction sale shall have any confederate or use any person as a false bidder. 7. Each item of personal property offered for sale at any such auction shall have a card or label attached thereto containing a true and correct statement specifying the kind and quality of such item, and such tag shall accom- pany and be delivered with each item sold at the time of delivery thereof to the purchaser. 8. Each application for a license under the pro- visions of paragraphs 1 and 2 above must be filed in duplicate with the License Collector at least forty -eight hours prior to the date of the proposed auction sale and shall contain or be accompanied by a sworn statement in duplicate by the applicant showing the inventory on hand and the items of personal property to be offered at such auction sale. Such statement shall designate a number for each such item; and the cards or labels which are to be attached to said re- spective items, as hereinabove required in paragraph 7, shall contain the same respective numbers for such items as are indicated therefor upon such inventory. 9. No addition of any property or of any item of property shall be made to the stock of personal property set forth in the said inventory before or during any auction sale licensed hereunder. (C) AUCTION HOUSES. For the purpose of this ordinance, the term "Auction House" shall mean a business or establishment which is established for the purpose of conducting sales of mer- chandise and personal property at public auction when desired, during the period covered by the license, but which also makes sales of such merchandise and property at retail. The license fee for an auction house is hereby fixed at the sum of $25.00 per year or any fractional part of the current calendar year remaining after - 14 -