Ordinance No. 710
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ORDINANCE NO. 710
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AN ORDINANCE OF THE CITY OF VERNON TO LICENSE, FOR THE
3 PURPOSE OF REVENUE AND REGULATION.. CERTAIN KINDS OF
BUSINESS AUTHORIZED BY LAW AND CARRIED ON IN SUCH CITY
4 INCLUDING SHOWS, EXHIBITIONS.. AND LAWFUL GAMES CARRIED ON
THEREIN; TO FIX THE RATES OF LICENSE TAX UPON THE SAME
5 AND TO PROVIDE FOR THE COLLECTION OF THE SAME BY SUIT OR
OTHERWISE; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF
6 THE PROVISIONS OF THIS ORDINANCE, AND REPEALING ALL ORDIN-
ANcEs AND PARTS OF ORDINANCES IN CONFLICT THEREWITH.
THE CITY COUNCIL OF THE CITY OF VERNON ORDAINS AS FOLLOWS:
That the City Council of the City of Vernon have found and
hereby declare that the public peace, health. safety. comfort. convenience
and general welfare of the City of Vernon and of its inhabitants require the
licensing for the purpose of revenue and regulation of certain kinds of
business authorized by law and carried on in the City of Vernon. including
shows. exhibitions. and lawful games carried on therein. and the fixing
and establishing of the rates of license tax upon the same, and provisions
for the collection of the same by suit or otherwise. and that penalties be
prescribed for the violation of the provisions of this Ordinance as follows:
SECTION 1: DEFINITIONS.
19 The following words and phrases whenever used in this Ordinance
20 shall be construed as defined in this Section, unless from the context a
21 different meaning is intended or unless a different meaning is specifically
22 defined and more particularly directed to the use of such words or phrases:
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(a)
"Engaged in business" shall mean the conducting. managing or
carrying on of any profession. trade, calling, occupation or commercial
enterprise in the City licensed under the provisions of this Ordinance as
owner. officer, agent. manager. employee. servant or lessee of any of them.
(b) "Doing business" shall mean actively engaged in any transaction
for the purpose of financial or pecuniary gain or profit.
(c) "Business" shall be held and construed to mean and include
professions. trade. occupations. and all and every kind of calling carried
on for profit or livelihood.
(d)
"Employee" shall mean all persons engaged in the operation or
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conduct of any business. whether as owner. any member of the ownerts
family. partner. agent. manager. solicitor and any and all other persons
employed or working in said business.
(e) "Average number of persons employed" shall mean the average
number of employees earning wages during pay periods ending the nearest
fifteenth of each month as shown by Form DE3 of the State of California,
Department of Employment. or other form which may hereafter be adopted
for reporting payments due under the Unemployment Insurance Act for each
month on the previous calendar year. adding the same and dividing by twelve;
if the employer has been in business less than one year, he may use the
average number of employees as shown by such form for the last quarter; if
the employer has not previously engaged in business. he may estimate the
average number of employees who will be employed by him during the re-
mainder of the calendar year. In computing the "average number of persons
employed". fraction of numbers shall be excluded.
(f) "Peddler" shall mean any person. other than a bona fide salesma .
or solicitor for any person engaged in business and licensed under other
Sections of this Ordinance. who sells. or offers for sale. goods. wares or
merchandise. either by going from place to place for the purpose of selling.
offering for sale. or delivering such goods. or for the purpose of taking or
soliciting orders for the future delivery of such goods. or by selling or
offering for sale such goods from a stand. pack or vehicle, in any street. or
upon or along any sidewalk or parkway. or in any door-way or entrance-way
of any building. or upon any unenclosed lot or parcel of land.
(g) "Motor Vehicle" shall have the meaning as defined in the Californi
State Vehicle Code.
SECTION 2 : UNLAWFUL BUSINESSES.
No license issued under the provisions of this Ordinance shall be
construed as authorizing the conduct or continuance of any illegal or unlawful
business.
SECTION 3: LICENSE REQUIREMENTS.
No person shall engage in any business. profession. trade. or
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occupation. or perform any act. required to be licensed under the provisions
of this Ordinance until such license is first obtained; no license shall be
issued hereunder when the provisions of this Ordinance or of some other
Ordinance of the City of Vernon requiring a license to be obtained or to be
applied for as a prerequisite to entering into or performing any such business.
trade, occupation or act, until such license is first so applied for or obtained
as the case may be. Any license issued in violation of this Section shall be
void.
Application for a license to conduct, carryon or engage in any
business, profession. trade or occupation, or do or allow to be done any act.
shall be in writing to the City Council stating the name of the person. company
or firm. the address. a resume of the business operations. and the average
number of employees. No license shall be issued unless the City Council
shall have first authorized the issuance of such license.
SECTION 4: SUIT FOR RECOVERY OF UNPAID SUMS.
Any sum required to be paid hereunder shall be deemed a debt to
the City of Vernon. and any person who engages in any business required to
be licensed without first obtaining a license so to do shall be liable to an
action by and in the name of the City of Vernon in any court of competent
jurisdiction for the recovery of any such amount.
SECTION 5: LICENSES~ CONTENTS OF.
All licenses shall be prepared and issued by the City Clerk upon
the payment of the sum required to be paid hereunder.
1. Each license so issued shall state upon the face thereof the
following:
(a) The person to whom same is issued;
(b) The kind of business licensed thereby;
(c) The amount paid therefor;
(d) The location of such business;
(e) The date of expiration of such license.
2. Each license shall state upon the back thereof the following:
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"This license constitutes a receipt for the payment of a license
tax imposed by the City of Vernon and shall have no other legal effect.
Said receipt does not authorize the licensee. or any agent or employee
thereof. to conduct the business or occupation. or to perform any
act. specified on the reverse side hereof. or to conduct or perform
any other business. occupation or act in the City of Vernon without
strictly complying with all the provisions of the Ordinances of said
City. including but not limited to those requiring a permit from any
Officer of the City. THIS RECEIPT DOES NOT CONSTITUTE A
PERMIT.
"Any receipt issued upon the payment by check of any license
tax shall be void unless the amount due is actually received by the City. "
SECTION 6: ISSUANCE TO DEBTOR LICENSEES.
No license for any ensuing current or unexpired license period
shall knowingly be issued to any person who at the time of making application
for any license is indebted to the City of Vernon for any unpaid license fee
required to be paid under the provisions of any Ordinance of the City of
Vernon; provided that the City Clerk. or his duly authorized deputy, with
the authority of the City Council first had and obtained. may enter into an
agreement with any person indebted to the City of Vernon for the nonpayment
of license fees for any past license period, agreeing with such persons that
such person may pay delinquent license fees for any past license period in
equal installments extending over a period of not to exceed one (1) year.
In such agreement such debtor shall acknowledge his debt to the City and
agree. in case default be made in the payment of any installment agreed to
be paid thereunder. that the whole amount agreed to be paid shall become
immediately due and payable. and that in case suit be brought to enforce the
collection of the amount to be paid under such agreement. that the debtor
will pay all costs of suit incurred by the City of Vernon. In case such agree-
ment is executed, licenses for any current or ensuing period may be issued
to any such person upon such person paying the fee prescribed for the current
or ensuing license period. together with penalties. if any.
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SECTION 7: AMENDED LICENSES - FEES.
2 No license issued pursuant to this Ordinance shall be transferable.
3 provided that where a license is issued authorizing a person to conduct a
4 business at a particular place, such licensee may upon application therefor
5 and by paying a fee of fifty cents (509), have the license previously issued
6 amended so as to authorize the conduct of such business from some other
7 location.
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SECTION 8: DUPLICATE LICENSES - FEES.
9 Duplicate licenses may be issued by the City Clerk to replace any
10 license previously issued which has been lost or destroyed. upon applicant
11 therefor filing an affidavit attesting to such fact. and at the time of filing
12 such affidavit paying to the City Clerk a fee of fifty cents (509) therefor.
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SECTION 9:
POSTING AND KEEPING LICENSES.
14 Except as otherwise specifically provided by the provisions of
15 this Ordinance. all licenses must be kept and posted in the following manner:
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(a)
Subject to other provisions of this Ordinance. any licensee
17 engaged in business at a fixed place of business shall keep the license issued
18 posted in a conspicuous place upon the premises where such business is
19 conducted;
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(b)
Any person engaged in business in the City of Vernon. but not
21 operating at a fixed place of business, shall keep the license issued to him
22 I upon his person at all times while engaged in such business;
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(c)
Any person operating or conducting any business from a vehicle
shall keep the license issued for said vehicle firmly affixed to said vehicle
in a conspicuous place.
SECTION 10: ENFORCEMENT.
(a) It shall be the duty of the City Clerk of the City of Vernon. and
he is hereby directed to enforce each and all of the provisions of this
Ordinance, and the Chief of Police shall render such assistance in the en-
forcement of this Ordinance as may from time to time be required by the
City Clerk.
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The City Clerk in the exercise of the duties imposed upon him.
(b)
2 and acting through his deputies. shall examine all places of business in the
3 City to ascertain whether or not the provisions of this Ordinance have been
4 complied with.
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The City Clerk and all of his deputies shall have the power and
(c)
6 authority to enter~ free of charge. at any time any place of business required
7 to be licensed by the provisions of this Ordinance. and to demand an
8 exhibition of such license. Any person having any such license theretofore
9 issued in his possession or under his control who fails to exhibit the same on
10 demand shall be guilty of a misdemeanor and subject to the penalty provided
11 by the provisions of this Ordinance.
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(d)
It shall be the duty of the City Clerk and each of his deputies to
13 cause a complaint to be filed against any person found to be a violator of any
14 of the provisions of this Ordinance.
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SECTION 11:
LICENSE FEES.
16 All license fees shall be paid in advance to the City Clerk in
17 lawful money of the United States.
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SECTION 12:
BRANCH ESTABLISHMENTS.
Separate licenses must be obtained for each branch establishment
or location of the business engaged in. and each license shall authorize the
licensee to engage only in the business licensed thereby at the location or in
the manner designated in such license; provided. that warehouses and dis-
tributing plants used only in connection with and incidental to a business
licensed under the provisions of this Ordinance shall not be deemed to be
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separate places of business or branch establishments.
SECTION 13:
DUE DATE OF PAYMENT.
Licenses required hereunder shall be due and payable at the
following times:
(a) Alllicenses~ unless otherwise expressly stated herein. shall be
construed to be annual licenses. and shall be payable on the first day of
January of each year. and all such licenses shall expire on December
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thirty-first of each year.
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(b)
Quarterly licenses on the first days of January. April. July
2 and October of each year;
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(c)
Daily licenses in advance on each day.
All such licenses shall be valid for the period issued.
SECTION 14: ACCEPTANCE OF LESSER AMOUNTS.
6 No person charged with the enforcement of any of the provisions
7 of this Ordinance shall knowingly accept or receive any sums for any license
8 which is less than or greater than the amount actually required to be paid
9 under the provisions of this Ordinance.
SECTION 15:
RULES AND REGULATIONS.
11 The City Clerk of the City of Vernon. with the approval of the
12 City Council first had and obtained, is authorized to make such rules and
13 regulations as may be necessary to aid or assist in the enforcement of the
14 provisions of this Ordinance. Such regulations when approved by resolution
15 of the City Council of the City of Vernon shall have the same force and effect
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16 as though regularly adopted by the City Council of the City of Vernon.
SECTION 16: REMEDIES# CUMULATIVE.
18 The conviction and punishment of any person for engaging in any
19 business without first obtaining a license to conduct such business shall not
20 relieve such person from paying the license fee due and unpaid at the time of
21 such conviction. Nor shall the payment of any license fee prevent a criminal
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prosecution for the violation of any of the provisions of this Ordinance. All
remedies prescribed hereunder shall be cumulative and the use of one or
more remedies by the City shall not bar the use of any other remedy for the
purpose of enforcing the provisions of this Ordinance.
SECTION 17: WRITTEN STATEMENTS REQUIRED - WHEN.
A written statement must be filed with the City Clerk by someone
authorized to make the same and having k..~owledge of the facts stated therein.
showing the average number of persons employed in the City of Vernon as
defined herein during the preceding calendar year. The written statement
shall be made upon forms furnished by the City Clerk and shall include a
certificate in substance as follows:
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n I declare# under penalty of making a false certificate#
that this return is made by me# that I am authorized to
make such return# and that to the best of my knowledge
and belief it is a true# correct and complete return made
in good faith for the year stated# pursuant to the provi-
sions of the License Ordinance of the City of Vernon. II
(a)
Said written statement shall be filed by March 1st of the ensuing
8 calendar year.
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(b)
No statement filed hereunder shall be conclusive as to the matters
10 set forth therein nor shall the filing of the same preclude the City from
11 collecting by appropriate action such sum as is actually due and payable
12 hereunder. The City of Vernon reserves the right to institute any legal
13 proceeding which it deems necessary to examine# audit and inspect such
14 licensee's books and records for the purpose of ascertaining the correct
15 amount of the license fee due.
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(c)
The information or data obtained from such examination or audit.
17 whether by court action or otherwise# or from any statement required here-
18 under. shall be used for the purpose of enforcing the provisions of this
19 Ordinance# and for no other purpose.
(d)
The written statement hereinabove required# shall be filed at the
time the license is applied for# and the Clerk may witWlold the issuance of
any license until the required statement is furnished.
SECTION 18:
FILING FALSE CERTIFICATES OR RETURNS.
Any person making or filing a false certificate or return under the
provisions of this Ordinance# knowing the same to be false# shall be guilty of
a misdemeanor.
SECTION 19:
DELINQUENCIES --PENALTIES.
(a) Delinquency dated. All license fees required by this Ordinance
shall be deemed delinquent if not paid on or before the time hereinafler
prescribed:
(1) Annual licenses -- on or before the close of business
on the last day of February of each year;
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(2)
Quarterly licenses - - on or before the close of business
2 on the last day of the month in which the same become due;
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(3)
Daily licenses - - on or before the close of business on
4 each day for which the same becomes due.
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Penalties. Whenever the license fee required by this Ordinance
(b)
6 is not paid on or before the delinquency date, a penalty of 10% of the amount
7 due shall be imposed, and an additional penalty of 50/0 of the original license
8 fee shall be added at the close of bus iness on the last day of each calendar
9 month thereafter. Every penalty shall become a part of the license fee
10 required by this Ordinance. In no case shall the total penalty exceed 50% of
11 the original license fee.
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(c)
Newly established businesses. In the case of a newly established
13 business for which quarterly or monthly license is prescribed, no penalty
14 shall be imposed if the fee be paid within thirty days after the commencement
15 of business; otherwise. penalties shall be imposed as in the case of any
16 other business.
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SECTION 20:
NEWLY ESTABLISHED BUSINESSES.
The first license for any newly established business which is
subject to annual license tax based upon average number of persons employed
shall be ascertained and paid in the following manner:
Applicant therefor shall at the time of making application pay the
minimum license fee prorated upon the basis of the calendar quarters or
fraction thereof remaining in the current license year. At the end of the
license period and before renewal of the license for the ensuing license
year said licensee shall file a statement upon forms obtained from the City
Clerk stating the average number of persons employed during said license
period and upon which basis shall be computed the license fee covering such
period. Licensee shall pay the difference between said amount and the
amount paid at the time of application for the first license.
At the time of application for renewal of such license, licensee
shall file a statement showing average number of persons employed during
the previous license period and shall pay the amount of license as though
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1 said average of employees had been employed during the entire previous
2 year.
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SECTION 21:
RENEWAL.
4 At the time of application for renewal of the annual license
5 required under this Ordinance. licensee shall file with the City Clerk on forms
6 supplied by him a statement showing the average number of persons employed
7 in the City of Vernon in the conduct of applicant's business during the pre-
8 ceding year, said average number of employees as defined herein. and com-
9 puted as required in Section 1. Sub-section (e) hereof. Said license fee shall
10 be paid upon the basis of such statement.
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SECTION 22:
STATEMENT.
FAILURE TO FILE STATEMENT OR CORRECTED
If any person fails to file any statement required hereby within the
time prescribed hereby. or if after demand therefor made by the City Clerk
fails to file a corrected statement. the City Clerk may determine the amount
of license fee due from such person from such information as he may be able
I to obtain. and if necessary may estimate the fee required to be paid hereunder
upon the basis of average number of people employed, or by considering other
facts. In case a determination is made. the City Clerk shall give notice of the
amount so assessed by serving the same personally or by depositing the same
in the United State Post Office at Vernon, postage prepaid thereon. addressed
to the person so assessed at his last known address. Such person may, within
10 days after the mailing or serving of such notice, make application in
writing to the City Clerk for a hearing on the amount of the tax. If such
application is not so made within the time prescribed the assessment shall
become final. If such an application is filed, the City Clerk must cause the
matter to be set for hearing within 15 days before the City Council. The City
Council shall consider all evidence produced and shall make written findings
thereon. a copy of such findings to be served upon the applicant in the manner
prescribed above for the service of notice of assessment. Such findings shall
become final at the expiration of 5 days from the date of service within which
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time exceptions may be filed by the applicant. If filed. the City Council shall
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consider same and make such modification as may be deemed necessary.
thereupon the final assessment shall be made.
SECTION 23:
ADDITIONAL POWERS OF CITY CLERK.
The City Clerk, with the approval of the City Council first had
and obtained, shall have the power to compromise any claim for license
fees levied pursuant to the provisions of this Ordinance.
SECTION 24:
JOINT LICENSES.
Whenever any person is engaged in two or more businesses at
the same location licensed under the provisions of this Ordinan ceo and where
the license fee is based upon the average number of employees of each of
such businesses. conducted at the same location, such person shall not be
required to obtain licenses for the conducting of each such businesses, but
shall be issued a joint license. and the total number of employees employed
in the conduct of such businesses, shall be used as the basis for computing
the amount of license fees to be paid for the conduct of all auch businesses.
SECTION 25:
MERCHANDISE.
INCIDENTAL BUSINESSES--PAYMENT IN
Whenever any person is engaged in any business licensed under
the provisions of this Ordinance and as an incident to such business accepts
second hand goods, wares and merchandise as part payment on new mer-
chandise. such person shall not be required to obtain a license to deal in
second hand merchandise as defined elsewhere in this Ordinance, and such
acts shall not be considered as dealing in second hand merchandise.
SECTION 26:
BUSINESS LICENSED - - LICENSE FEES.
Subject to the provisions of all other Sections of this Ordinance,
the fees required to be paid for each of the several businesses licensed
under the provisions of this Ordinance is prescribed as follows:
Every person doing business or engaged in any business. pro-
fession. trade, or occupation. or perform any act. or otherwise dealing in
or with goods, wares or merchandise. and not elsewhere specifically licensed
by other provisions of this Ordinance. shall pay a license fee for each
calendar year or portion thereof, for the privilege of doing business in the
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32
1 City of Vernon, as follows:
2
(a)
Every person employing one (1) employee shall pay the sum of
3 $25.00 per year;
4
(b)
Every person employing two (2) to ten (10) employees shall pay
5 the sum of $50.00 per year;
6
7
8
9
10
11
12
(c)
Every person employing eleven (11) to twenty-five (25) employees
shall pay the sum of $75.00 per year;
(d)
Every person employing twenty-six (26) to fifty (50) employees
shall pay the sum of $100.00 per year;
(e)
Every person employing fifty-one (51) to seventy-five (75)
employees shall pay the sum of $150.00 per year;
(f)
Every person employing seventy-six (76) to one hundred (100)
13
employees shall pay the sum of $200.00 per year;
(g)
Every person employing one hundred one (101) to one hundred
fifty (150) employees shall pay the sum of $250.00 per year;
(h)
Every person employing one hundred fifty one (151) to two
hundred (200) employees shall pay the sum of $300.00 per year;
(i)
Every person employing two hundred one (201) to two hundred
fifty (250) employees shall pay the sum of $350.00 per year;
(j)
Every person employing two hundred fifty one (251) to three
hundred (300) employees shall pay the sum of $400.00 per year;
(k)
Every person employing three hundred one (301) to four hundred
(400) employees shall pay the sum of $450.00 per year;
(1)
Every person employing four hundred one (401) to five hundred
(500) employees shall pay the sum of $500.00 per year;
(m) Every person employing five hundred one (501) and over
employees shall pay the sum of $600.00 per year.
SECTION 27:
AUCTIONEERS.
For every person. firm or corporation engaged in or carrying
on the business of an auctioneer, not having a fixed place of business in the
City of Vernon, for the sale at auction of any real or personal property.
$5.00 per day.
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1
SECTION 28:
PEDDLERS.
2
(a)
For every person engaged in or carrying on the business of a
3 peddler for the purpose of selling or offering for sale any goods, wares,
4 or merchandise. $15.00 per quarter, or portion thereof, together with
5 $15.00 per quarter. or portion thereof. for each employee.
6
(b)
For every peddler who calls attention to his wares. or advertises
7 the same by the use of music. entertainment, speech, fancy or grotesque
8 dress, or otherwise, upon any public street, alley or other public place,
9 doorway of any room or building, unenclosed or vacant lot or parcel of land,
10 $75.00 per quarter, or portion thereof.
11
SECTION 29:
MOTION PICTURE PRODUCTION.
12 For every person conducting, managing or carrying on the
13 business of taking or producing one or more motion pictures or photoplays,
14 having no fixed place of business in the City of Vernon. $50.00 per day.
15
SECTION 30:
SELLING FRUIT AND VEGETABLES.
16 For every person conducting, managing, or carrying on the
17 business of selling fruits or vegetables from a vehicle, and having no fixed
18 place of business in the City of Vernon. $15.00 per quarter, or portion
19 thereof.
20
21 ETC.
SECTION 31:
DEALERS IN JUNK, METAL, RAGS, PAPER,
22
23
24
(a)
For every person having a fixed place of business in the City of
Vernon, and engaged in conducting, managing, or carrying on the business
of buying or selling, at wholesale or retail, any old metal, such as old iron.
25 I brass, copper or other metals, commonly known as junk or scrap metal.
$60.00 per month.
(b) For every person engaged in the business of buying or selling,
or otherwise dealing in used or secondhand rag or paper. or used or second-
hand rags and paper, commonly known as a secondhand rag or paper dealer.
at a fixed place of business in the City of Vernon. the sum of $35.00 per
month.
32
(c)
Every person engaged in the business of conducting or operating,
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1 at wholesale or retail" any secondhand steel or cast iron oil pipe" water
2 pipe" oil-well casing" water-well casing. and/or fittings for the same"
3 commonly known as a secondhand pipe dealer" at a fixed place of business in
4 the City of Vernon" the sum of $60.00 per month.
5
SE CTION 32:
USED CAR DEALE RS.
6 For every person engaged in the business of conducting or
7 operating" managing or carrying on the business of buying. selling" or offer-
8 ing for sale" consigned to be sold. or otherwise dealing in used motor
9 vehicles" commonly known as a used car dealer" the sum of $60.00 per
10 month.
11
SECTION 33:
SHOWS" CIRCUSES" RODEOS AND OTHER
12 AMUSEMENTS.
13 Every person engaged in the business of conducting a show.
14 circus" rodeo or other type of amusement in the City of Vernon. for a period
15 of less than thirty (30) days at one location. for which an admission fee is
16 charged to or in any wise collected from the persons attending the same.
17 shall pay a license fee for each day or portion thereof during which said
18 show" circus" rodeo or other type of amusement is conducted or carried on.
19 for the privilege of doing business in the City of Vernon. as follows:
20
(a)
The sum of $100.00 per day for such show" circus" rodeo" or
21 other type of amusement;
22
23
24
(b)
The sum of $50.00 per day for each sideshow for which an
admission fee is charged. and which is operated as a side attraction to a
show" circus, rodeo. or other type of amusement licensed under subpara-
25
graph (a) above; and
(c) The sum of $25.00 per day for each concession at which goods,
wares or merchandise are sold for a cash consideration or are given away
as prizes for any game of chance. by or with the permission of the person
licensed under the provisions of subparagraphs (a) or (b) above.
SECTION 34:
32
Nothing in this Ordinance shall be construed as requiring a license
or the paying of a license fee for the doing of an act which would constitute
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1 I an unlawful burden upon or an unlawful interference with interstate or
2 foreign commerce or which would be in violation of the constitution or laws
3 of the United States or the constitution or the laws of the State of California.
4
SECTION 35:
POWER TO REVOKE AND SUSPEND LICENSES--
5 PROCEDURE.
6 Any license granted pursuant to the provisions of this Ordinance
7 to any person to conductl carryon or engage in any businessl trade. or
8 occupationl by the City Council. unless provision is otherwise specifically
9 made. shall not be revoked or suspended except as provided in this Section.
10 No such license shall be revoked or suspended until a hearing
11 upon written notice to the licensee shall have been had by the City Council.
12 Written notice of such hearing shall be served upon the licensee either by
13 personal delivery thereof by the City Clerk. deputy City Clerkl or other person
14 appointed by the City Council. to the person to be notified. or by deposit of
15 the notice in the United States Mails in a sealed envelope, postage prepaid.
16 addressed to such person to be notifiedl at his last known business or
17 residence address as the same appears in the public records or other records
18 pertaining to the matter to which notice is directed. Service by mail shall
19 be deemed to have been completed at the time of deposit in the Post Office.
20 Such notice shall state:
21
(a)
The grounds for complaint or reasons for the revocation or
22 suspension in clear and concise language;
23
(b)
The time when and place where such hearing is to be held.
24 If a verified complaint is required to be filed with the City
25 Council. or if the City Council shall have power to initiate its own complaint.
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:I licensee at least five (5) and not more than ten (10) days prior to the date
32 set for said hearing.
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1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
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19
20
21 II
22
23
24
25
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32
At any such hearing the licensee shall be given an opportunity to
be heard and defend himself, and he may call witnesses in his behalf.
The City Council may continue such hearings from time to time
upon good cause being shown therefor.
After conducting such hearing the City Council may suspend or
revoke any such license upon such terms and conditions as, in the exercise
of a reasonable and sound discretion, it shall determine.
SECTION 36:
NOTIFICATION OR REVOCATION OR SUSPENSION.
The City Council shall. orally or in the manner provided by
Section 35, notify licensee of any finding, suspension or revocation made by
it or any conditions attached thereto.
The City Council or other person having authority to do so. after
revoking or suspending any such license, shall notify the City Clerk of such
revocation or suspension, and thereafter no license shall be issued by the
City Clerk to any licensee to conduct, carryon, or engage in any business or
to do any act for which such license was granted until a new license shall
have been granted therefor.
SECTION 37:
FAILURE TO PAY LICENSE FEE.
Whenever under any provisions of this Ordinance a regulatory
license is required for the conduct of any business, profession, trade or
occupation, or for the performance of any act upon which an occupational
license tax is imposed by this Ordinance. or by any other Ordinance of the
City of Vernon, the failure to pay such license fee will be a ground for the
~
suspension of the license but the procedure outlined in Section 35 shall be
followed.
SECTION 38:
SUSPENDED OR REVOKED LICENSE - - LICENSEE
NOT TO ENGAGE IN BUSINESS.
No person whose license has been revoked or suspended pursuant
to the provisions of Section 35 or pursuant to any other provisions of this
Ordinance shall engage in or carryon any business or do any act permitted
to be done pursuant to such license during the period of suspension or after
revocation thereof. until a new license shall have been granted.
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1
2
3
4
5
6
7
8
MISSTATEMENT IN APPLICATION. I
No person shall make any false, misleading or fraudulent statement I
I
I
I
or misrepresent any facts in any application for a license or in any notice J
or record required to be filed with the City Council or wtth auy officer or
other authorized person of this City. In addition to any other penalties provide
SECTION 39:
by this Ordinance, such conduct shall be grounds for suspending or revoking
any license issued to such person.
SE CTION 40:
PE RMIT .
9 Before moving any structure upon and along the streets in the City
10 of Vernon a permit must be secured from the City Clerk of said City. and
11 the sum of $50.00 must be deposited with said City Clerk, payable to the City
12 of Vernon, for every structure moved upon or along any street in said City.
13 And in the event that any damage is caused in the moving of said structure.
14 the City Council shall have power to order said damage to be repaired or
15 replaced from the money deposited by the applicant and the balance returned
16 after repairing or replacing said damage.
17 Permit fee for each structure moved into, in, or through the
18 City of Vernon, $5.00.
19
20
21
22
23
24
25
SECTION 41:
REFUNDS BY CITY COUNCIL.
No refund of any money shall be made unless and until application
and claim therefor has been filed with and approved and allowed by the City
Council.
SE CTION 42:
USED CAR AND AUTOMOBILE DEALERS.
(a)
PREREQUISITES: BOND, FEE" AFFIDAVIT. Before receiving
or acting upon an application for the granting of each license to a used car
or automobile dealer, any applicant therefor shall comply with the following
requirements:
(1) Applicant shall file with the City Clerk. at the time
of filing said application. a bond executed to the City of Vernon by
a surety corporation duly authorized so to do. and approved by the
City Council. Said bond shall be joint and several. and the penalty
32
therefor shall be Twenty-five Hundred Dollars ($2. 500.00), and
-17-
1 shall be conditioned to be paid to the City of Vernon and any person.
2 insuring them against any loss, or damage which may result to any
3 person from any transaction involving the used motor vehicle by the
4 dealer through failure to deliver a clear title to the person entitled
5 hereto, within twenty-one (21) days after final payment has been
6 made. Said bond shall not be void upon the first recovery, but may
7 be sued and recovered upon from time to time by any person aggrieved,
8 until the whole penal amount is exhausted.
9
(2)
An affidavit signed by the applicant, showing that said
10 applicant is to conduct his business at a fixed place where used motor
11 vehicles are and will be displayed for sale. Said application for a
12 license must be signed by the applicant, and if the applicant is a
13 corporation, or a partnership the same must be signed by duly
14 authorized officers, on behalf of the corporation, or by all members
15 of the partnership, and the same must contain the addresses of all
16 officers of the corporation or of all of the partners.
17
(b)
Upon receipt of said application the City Council shall investigate
18 ' the character and business as specified in said application and. thereafter.
19 may issue a license to applicant which shall be effective for the remaining
20 portion of the current year.
21
22
23
24
25
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32
(c)
RECORD OF SALES. Every used car or automobile dealer shall
keep a record of the purchases. consignments, sales and exchanges for
each and every motor vehicle purchased, sold, consigned to be sold or
exchanged by him. and said record at all times shall be open to the inspection
of the Chief of Police or any Police Officer. Used car or automobile dealers
shall, within forty-eight (48) hours after the purchase or receipt of such
vehicle, make out and mail to the Chief of Police of the City of Vernon a
full and complete report of such vehicle. Said report shall contain:
(1) Name and address of the person from whom purchased
or received;
(2) The make, State license number, serial number.
style and seating capacity of any such motor vehicle purchased or
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11
12
13
14
15
16
17
18
19
20
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22
23
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32
1 received.
2 Said report shall be written on blanks to be furnished by the Chief of Police.
3
(d)
RECORD OF RE-POSSESSION: Every person who shall repossess
4 any motor vehicle sold6 exchanged6 or financed by such person shall6 within
5 forty-eight (48) hours after such repossession. make out and file either in
6 person or by authorized agent. with the Chief of Police of the City of Vernon6
7 a full and complete report of the repossession of such vehicle. and shall
8 use for that purpose written blanks therefor to be obtained from and furnished
9 by the said Chief of Police.
(e)
REVOCATION: GROUNDS AND PROCEDURE. In the event that
any person holding a license or a used car or automobile dealer shall violate
any of the provisions of this Ordinance6 or any provisions of any other
Ordinance or of any law relating to or regulating such used automobile
business6 or shall conduct or carryon such business in an unlawful manner6
the City Council shall have power to suspend or revoke the license issued
for conducting or carrying on such business. In the event any license issued
pursuant to the provisions of this Ordinance shall be revoked6 no license
shall be granted to such person to conduct or carryon such business within
six (6) months after such revocation. No license shall be revoked except in
the manner provided in Sections 35 and 36 of this Ordinance.
SECTION 43:
JUNK1 SECONDHAND METAL6 RAGS6 PAPER1
SECONDHAND STEEL6 PIPE AND FITTINGS DEALERS.
(a)
PREREQUISITES: BOND, FEE.
(1)
There shall be filed in behalf of said applicant with the City
Clerk at the time of filing said application6 a bond executed to the City of
Vernon by a surety corporation duly authorized so to d06 and which said
bond shall be subject to approval by the City Council. Said bond shall be
joint and several and the penalty thereof must be Twenty-five Hundred
Dollars ($26 500.00) and must be conditioned to be paid to the City of Vernon
and any person, insuring them against any loss or damage that may result to
any person from any transaction involving the sale of any commodity handled
by the licensee through failure to deliver a clear title to any person
-19-
1 entitled thereto immediately upon receipt of a final payment therefor
2 by the licensee. Said bond shall not be void upon first recovery, but
3 may be sued and recovered upon from time to time by any person
4 aggrieved until the whole penalty is exhaused;
5
(2)
An affidavit, signed by the applicant. showing that said
6 applicant is to conduct his business at a fixed place where his goods
7 and wares will be displayed for sale. Such application for a license
8 must be signed by the applicant. and if applicant is a corporation or
9 a partnership the same must be signed by a duly authorized officer
10 on behalf of the corporation or by all members of the partnership.
11 and the same must contain the address of all officers of the corpora-
12 tion or of all of the partners.
13
(b)
Upon receipt of said application, the City Council shall investigate
14 the character and business as specified in said application. and thereafter
15 may issue a license to applicant which shall be effective for the remaining
16 portion of the current year.
17
18
19
20
21
22
23
24
25
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32
(c)
RECORD OF SALES. Each licensee licensed under the provisions
of Section 31 shall. before the hour of 10:00 o'clock in the morning of each
Monday and Wednesday of the week. make out and deliver to the Chief of
Police of the City of Vernon. on a blank form to be furnished by the licensee
and approved by the Chief of Police. or his duly authorized deputy, a full,
true and complete report. in the English language. of all goods" wares or
merchandise purchased since the filing of the last report; said report
shall show the date each article is received or purchased. and the true
name and address of the person or persons by whom said article was sold.
together with a description of said person or persons as near as can be
ascertained by the licensee. The description required to be given of such
person or persons shall show the style of dress" height. age. sex, com-
plexion, color of moustache or beard or both where the same are worn,
and if neither is worn said facts to be noted, together with a complete
description of each article purchased by the licensee.
(d)
It shall be unlawful for any licensee covered by the provisions of
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1 this Section to sell or otherwise dispose of any article or thing bought by
2 him within one week after such article or thing has been purchased.
3
(e)
Every person operating under the provisions of this Section or of
4 any other Section of this Ordinance shall be held strictly responsible for the
5 conduct of his employees insofar as sales and purchases are concerned. Any
6 violation of this subsection or of any other provision in this Ordinance. or of
7 any law relating to or regulating such business or the conducting or carrying
8 on of such business in an unlawful manner by a licensee shall be deemed
9 sufficient grounds to suspend and revoke any such license. No license
10 shall be revoked except in a manner provided in Sections 35 and 36 of this
11 Ordinance.
12
SECTION 44:
PROHffiITED ACTS; VALIDITY OF ORDINANCE;
13 VIOLATIONS. a misdemeanor; OUTSTANDING LICENSES FOR REVENUE
14 PURPOSES; REPEAL OF CONFLICTING ORDINANCES.
15
(a)
Prohibited acts: Whenever in this Ordinance any act or omission
16 is made unlawful it shall include causing, permitting. aiding. abetting,
17 suffering or concealing the fact of such act or omission.
18
(b)
Validity of Ordinance: If any section, subsection, sentence, clause,
19 phrase, or portion of this Ordinance is for any reason held to be invalid
20 or unlawful by the decision of any court of competent jurisdiction. such
21 decision shall not affect the validity of the remaining portions of this
22 Ordinance. The City Council of the City of Vernon hereby declare that they
23
would liave adopted this Ordinance and each section, subsection. sentence.
24
clause. phrase or portion thereof. irrespective of the fact that anyone or
25
more sections, subsections, clauses. phrases. or portions be declared
invalid or unconstitutional.
(c) Violations, a misdemeanor. It shall be unlawful for any person
to violate any of the provisions, or to fail to comply with any of the require-
ments of this Ordinance. Any person violating any of the provisions or
failing to comply with any of the mandatory requirements of this Ordinance
shall be guilty of a misdemeanor. Any person convicted of a misdemeanor
32
under the provisions of this Ordinance. unless provision is otherwise herein
-21-
1 I made, shall be punishable by a fine not exceeding Three Hundred Dollars
2 ($300.00). or by imprisonment in the City Jail of the City of Vernon. or
3 the County Jail of the County of Los Angeles, as the committing magistrate
4 directs. for a period of not to exceed three (3) months. or by both such
5 fine and imprisonment. Each such person shall be guilty of a separate
6 offense for each and every day during any portion of which any violation of
7 any provision of this Ordinance is committed. continued or permitted by
8 such person. and such person shall be punishable accordingly. In addition
v'
9 i to the penalties hereinabove provided. ana condition caused or permitted
10 to exist in violation of any of the provisions of this Ordinance shall be
11 deemed a public nuisance. and may be summarily abated as such by the
12 City of Vernon. and each day that such condition continues shall be regarded
13 as a new and separate offense.
14
(d)
Repeal of Conflicting Ordinances; saving clause on repeal.
15 Ordinance No. 598 of the City of Vernon. and all other Ordinances or por-
16 tions of Ordinances in conflict with the provisions of this Ordinance. are
17 hereby repealed, except as to violations of said Ordinances and offenses
18 committed before this Ordinance takes effect; and as to such violations
19 and offenses. and for the punishment of parties guilty thereof. and for the
20 collection of any delinquent taxes, licenses. fees or penalties levied.
21 assessed. due or delinquent pursuant to the provisions thereof. the repealed
22 provisions of said Ordinances shall continue in full force and effect.
23
24
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SECTION 45:
EFFECTIVE DATE OF ORDINANCE.
This Ordinance shall take effect for all purposes on the first
day of January, 1958.
SECTION 46:
POSTING.
There being no newspaper of general circulation printed.
published and circulated in the City of Vernon. the City Clerk is hereby
directed to certify to the passage of this Ordinance, and shall post same,
or cause same to be posted. in three of the most public places in said City.
to wit:
The northwest corner of 38th Street and Santa Fe Avenue;
the
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1 northeast corner of Leonis Boulevard and Pacific Boulevard; and on the
2 bulletin board in the lobby of the City Hall of said City, located at 4305
3 Santa Fe Avenue. all in the City of Vernon. Los Angeles County. California.
4
5
6
7
8
9
10
11
12
13
14
ADOPTED this 28th day of January
1958.
~~tA:g ,-
City of Vernon (
ATTEST:
,
I
"'-.J
R. P~LERK
By
Chief Deputy City Clerk
15 I.. R. P. MOORE, City Clerk of the City of Vernon. do
16 hereby certify that the foregoing Ordinance No. 710 was duly and regularly
17 introduced at a regular meeting of the City Council of the City of Vernon
18 held on January 21. 1958. and thereafter finally adopted at a regular meet-
19
ing of said City Council held on January 28,
1958. by the following
20 vote:
21
22
23
24
25
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AYES: Councilmen: Anderson, Furlong, Mailliard,
Malburg, Paxon
NOES: Councilmen: None
ABSENT: Councilmen: None
R. P. MOORE# CITY CLERK
~(P:UL-
F. A. Ziemer
Chief Deputy City Clerk
By
-23-
AFFIDAVIT OF POSTING
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2
::
51
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF VERNON
)
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) ss.
)
)
I. R. P. MOORE. City Clerk of the City of Vernon, do hereby
certify that I did on the 28th day of January
1958, post three (3)
10 copies of Ordinance No. 710. one in each of the following places. to wit:
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6
7
8
9
11 At the northwest corner of 38th Street and Santa Fe Avenue; at the north-
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I
19 !
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12 east corner of Leonis Boulevard and Pacific Boulevard. and on the bulletin
13 board in the lobby of the City Hall located at 4305 Santa Fe Avenue, in
14 said City. there being no newspaper of general circulation printed and
15 published in the City of Vernon.
Signed this 28th day of January
1958.
R. P. MOORE.. CITY CLERK OF
THE CITY OF VERNON" CALIFORNIA
-?A~'
By 7 f/~ . ' .u./L.
. . Ziemer
Chief Deputy City Clerk
Subscribed and sworn to before me
this c?l' day of ~ 1958.
/ ~ .
-L/? ~-W1~
Notary Public in and for the County
of Los Angeles. State of California.