Ordinance No. 802
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,1 ORDINANCE NO. 802
2 AN ORDINANCE OF THE CITY OF VERNON TO LICENSE, FOR 'THE PURPOSE OF
REVENUE AND REGULATION, CERTAIN KINDS OF BUSINESS AUTHORIZED BY
3 LAW AND CARRIED ON IN SUCH CITY, INCLUDING SHOWS, EXHIBITIONS, AND
LAWFUL GAMES CARRIED ON THEREIN; TO FIX THE RATES OF LICENSE TAX
4 UPON THE SAME AND TO PROVIDE FOR THE COLLECTION OF' THE SAME BY
SUIT OR OTHERWISE; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF
5 THE PROVISIONS OF THIS ORDINANCE, AND REPEALING ALL ORDINANCES
AND PARTS OF ORDINANCES IN CONFLICT THEREWITH.
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7 THE CITY COUNCIL OF THE CITY OF VERNON ORDAINS AS FOLLOWS:
8 That the City Council of the City of Vernon have found
9 and hereby declare that the public peace, bealth, safety, comfort,
10 convenience and general welfare of the City of Vernon and of its
11 inhabitants require the licensing for the purpose of revenue and
12 regulation of certain kinds of business authorized by law and
13 carried on in the City of Vernon, including shows, exhibitions,
14 and lawful games carried on therein, and the fixing and establish-
15 ing of the rates of license tax upon the same, and provisions for
16 the collection of the same by suit or otherwise, and that penalties
17 be prescribed for the violation of the provisions of this Ordinanc
18 as follows~
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SECTION 1: DEFINITIONS.
20 The following words and phrases whenever used in this
21 Ordinance shall be construed as defined in this Section, unless
~2 from the context a different meaning is intended or unless a
23 different meaning is specifically defined and more particularly
24 directed to the use of such words or phrases:
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(a) 'tEngaged in business" shall mean the conducting, managin
26 or carrying on of any profession, trade, calling, occupation or
27 commercial enterprise in the City licensed under the provisions of
28 this Ordinance as owner, officer, agent, manager, employee, servan
2.9 or lessee of any of them.
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(b) UDoing businessn shall mean actively engaged in any
31 transaction for the purpose of financial or pecuniary gain or
32 profit.
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.1 (c) uBusinesstt shall be held and construed to mean and
2 include professions, trade, occupations, and all and every kind of
3 calling carried on for profit or livelihood, including but not
4 limited to warehousing.
5 (d) ttEmployeeU shall mean all persons engaged in the opera-
6 tion or conduct of any business, whether as owner, any member of
7 the ownervs family, partner, agent, manager, solicitor and any and
8 all other persons employed or working in said business.
9 (e) ttAverage number of persons employedU shall mean the
10 average number of employees earning wages during pay periods
11 ending the nearest fifteenth of each month as shown by Form DE3
12 of the state of california, Department of Employment, or other
13 form which may hereafter be adopted for reporting payments due
14 under the Unemployment Insurance Act for each month on the previous
15 calendar year, adding the same and dividing by twelve; if the
16 employer has been in business less than one year, he may use the
17 average number of employees as shown by such form for the last
18 quarter; if the employer has not previously engaged in business,
19 he may estimate the average number of employees who will be
20 employed by him during the remainder of the calendar year. In
21 computing the "average number of persons employed", fraction of
~2 numbers shall be excluded.
23 (f) "PeddlerU shall mean any person, other than a bona fide
24 salesman, or solicitor for any person engaged in business and
25 licensed under other Sections of this Ordinance, who sells, or
26 offers for sale, goods, wares or merchandise, either by going
27 from place to place for the purpose of selling, or offering for
28 sale, or by selling or offering for sale such goods from a stand,
29 pack or vehicle, or in any door-way or entrance-way of any
30 building, or upon any unenclosed lot or parcel of land.
31 "Peddler" in addition to the usual definition thereof,
32 shall also mean any person dispensing, disbursing, or distributing
any comestible item in the City of Vernon from a motor vehicle
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.1 either from place to place,house to house, or street to street,
2 indiscriminately or by a fixed route or preconceived schedule.
3 npeddler" shall include retail catering vehicles in or
4 upon which food or drink is displayed, sold, served or offered
5 for sale or serving.
6 Any person as defined in Section 1 sub-section (f) may
7 be investigated by the Police Department of the City of Vernon to
8 indicate his good moral character and the fact that his intended
9 activities will not be harmful to the health, safety and welfare
10 of prospective customers. The good moral character of the
11 applicant may be ascertained through any or all of the following
12 means:
13 (a) Name and description of applicant;
14 (b) Address (legal and local);
15 (c) A brief description of the nature of the
16 business and the goods to be sold and in the case of products of
17 farm or orchard, whether produced or grown by the applicant;
18 (d) If employed, the name and address of the
19 employer, together with credentials establishing the exact
20 relationship;
21 (e) The length of time for which the right to do
~2 business is desired;
23 (f) If a vehicle is to be used, a description of
24 the same, together with license number or other means of identi-
25 fication;
26 (g) A photograph of the applicant, taken within 60
27 days immediately prior to the date of the filing of the applica-
28 tion, which picture shall be 2ft by 2tt showing the head and
29 shoulders of the applicant in a clear and distinguishing manner;
30 (h) The fingerprints of the applicant and the
31 names of at least two reliable property owners of the County of
32 Los Angeles, state of california, who will certify as to the
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.1 applicant's good character and business responsibility, or, in
2 lieu of the names of references, any other available evidence
3 as to the good character and business responsibility of the
4 applicant as will enable an investigator to property evaluate
5 such character and business responsibility.
6 (i) A statement as to whether or not the applicant
7 has been convicted of any crime, misdemeanor, or violation of any
8 municipal ordinance, other than traffic violations, the nature of
9 the offense and the punishment or penalty assessed therefor.
10 (g) ItMotor Vehiclelt shall have the meaning as defined in
11 the California state Vehicle Code.
12 SECTION 2: UNLAWFUL BUSINESSES.
13 No license issued under the provisions of this Ordinance
14 shall be construed as authorizing the conduct or continuance of
15 any illegal or unlawful business.
16 SECTION 3: LICENSE REQUIREMENTS.
17 No person shall engage in any business, profession,
18 trade or occupation, or perform any act, required to be licensed
19 under the provisions of this Ordinance until such license is first
20 obtained; no license shall be issued hereunder when the provi-
21 I sions of this Ordinance or of some other Ordinance of the City of
~2 Vernon requiring a license to be obtained or to be applied for as
23 a prerequisite to entering into or performing any such business,
24 trade, occupation or act, until such license is first so applied
25 for or obtained as the case may be. Any license issued in viola-
26 tion of this Section shall be void.
27 Application for a license to conduct, carryon or
28 engage in any business, profession, trade or occupation, or do
29 or allow to be done any act, shall be in writing to the City
30 Clerk stating the name of the person, company or firm, the
31 address, a resume of the business operations, and the average
32 number of employees. Each application shall be accompanied by
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check or currency in an amount equal to the fee required under
this Ordinance. Application for a joint license in accordance
with the provisions of Section 24 must be filed jointly by all
businesses involved stating the names of the persons, companies
or firms, the address, a resume of the business operations, and
the total average number of employees employed in the conduct of
all such businesses. No license shall be issued unless the City
Clerk 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 engaged 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:
"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
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,1 hereof, or to conduct or perform any other business, occupation
2 or act in the City of Vernon without strictly complying with all
3 the provisions of the Ordinances of said City, including but not
4 limited to those requiring a permit from any Officer of the City.
5 THIS RECEIPT DOES NOT CONSTITUTE A PERMIT.
6 "Any receipt issued upon the payment by check of any
7 license tax shall be void unless the amount due is actually
8 received by the City."
9 SECTION 6: ISSUANCE TO DEBTOR LICENSEES.
10 No license for any ensuing current or unexpired license
11 period shall knowingly be issued to any person who at the time of
12 making application for any license is indebted to the City of
13 Vernon for any unpaid license fee required to be paid under the
14 provisions of any Ordinance of the City of Vernon; provided that
15 the City Clerk, or his duly authorized deputy, may enter into an
16; agreement with any person indebted to the City of Vernon for the
17 nonpayment of license fees for any past license period, agreeing
18 with such persons that such person may pay delinquent license
19 fees for any past license period in equal installments extending
20 over a period of not to exceed one (1) year. In such agreement
21 such debtor shall acknowledge to the City and agree, in case
22 default be made in the payment of any installment agreed to be
23 paid thereunder, that the whole amount agreed to be paid shall
24 become immediately due and payable, and that in case suit be
25 brought to enforce the collection of the amount to be paid under
26 such agreement, that the debtor will pay all costs of suit
27 incurred by the City of Vernon. In case such agreement is
28 executed, licenses for any current or ensuing period may be
29 issued to any such person upon such person paying the fee pre-
30 scribed for the current or ensuing license period, together with
31 penal ties, if any.
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,1 SECTION 7: AMENDED LICENSES - FEES.
2 No license issued pursuant to this Ordinance shall be
3 transferable, provided that where a license is issued authorizing
4 a person to conduct a business at a particular place, such license
5 may upon application therefor and by paying a fee of $2.50, have
6 the license previously issued amended so as to authorize the
7 conduct of such business from some other location.
8 SECTION 8: DUPLICATE LICENSES - FEES.
9 Duplicate licenses may be issued by the City Clerk to
10 replace any license previously issued which has been lost or
11 destroyed, upon applicant therefor filing an affidavit attesting
12 to such fact, and at the time of filing such affidavit paying to
13 the City Clerk a fee of $2.50 therefor.
14 SECTION 9: POSTING AND KEEPING LICENSES.
15 Except as otherwise specifically provided by the pro-
16 visions of this Ordinance, all licenses must be kept and posted in
17 the following manner:
18 (a) Subject to other provisions of this Ordinance, any
19 licensee engaged in business at a fixed place of business shall
20 keep the license Esued posted in a conspicuous place upon the
21 premises where such business is conducted;
~2 (b) Any person engaged in business in the City of Vernon,
23 but not operating at a fixed place of business, shall keep the
24 license issued to him upon his person at all times while engaged
25 in such business;
26 (c) Any person operating or conducting any business from a
27 vehicle shall keep the license issued for said vehicle firmly
28 affixed to said vehicle in a conspicuous place.
29 SECTION 10: ENFORCEMENT.
30 (a) It shall be the duty of the City Clerk of the City of
51 Vernon, and he is hereby directed to enforce each and all of the
32 provisions of this Ordinance, and the Chief of Police shall render
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,1 such assistance in the enforcement of this Ordinance as may from
2 time to time be required by the City Clerk.
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(b) The City Clerk in the exercise of the duties imposed
4 upon him, and acting through his deputies, may examine any place
5 of business in the City to ascertain whether or not the provisions
6 of this Ordinance have been complied with.
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(c) The City Clerk and all of his deputies shall have the
8 power to enter, free of charge, at any time any place of business
9 required to be licensed by the provisions of this Ordinance, and
10 to demand an exhibition of such license. Any person having any
11 such license theretofore issued in his possession or under his
12 control who fails to exhibit the same on demand shall be guilty
13 of a misdemeanor and subject to the penalty provided by the
14 provisions of this Ordinance.
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(d) The City Clerk and each of his deputies may cause a
16 complaint to be filed against any person found to be a violator
17 of any of the provisions of this Ordinance.
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SECTION ll: LICENSE FEES.
19 All license fees shall be paid in advance to the city
20 Clerk in lawful money of the United States.
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SECTION 12: BRANCH ESTABLISHMENTS.
22 Separate licenses must be obtained for each branch
23 establishment or location of the business engaged in, and each
24 license shall authorize the licensee to engage only in the busi-
25 ness licensed thereby at the location or in the manner desig-
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26 I nated in such license; provided, that warehouses and distributing
27 plants used only in connection with and incidental to a business
28 licensed under the provisions of this Ordinance shall not be
29 deemed to be separate places of business or branch establishments.
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SECTION 13: DUE DATE OF PAYMENT.
31 Licenses required hereunder shall be due and payable at
32 the following times:
8.
,1 (a) All licenses, udess otherwise expressly stated herein,
2 shall be construed to be annual licenses, and shall be payable on
3 the first day of January of each year, and all such licenses shall
4 expire on December thirty-first of each year.
5 (b) Daily licenses in advance on each day.
6 All such licenses shall be valid for the period issued.
7 SECTION 14: ACCEPTANCE OF LESSER AMOUNTS.
8 No person charged with the enforcement of any of the
9 provisions of this Ordinance shall knowingly accept or receive any
10 sums for any license which is less than or greater than the amount
11 actually required to be paid under the provisions of this Ordinance
12 SECTION 15: RULES AND REGULATIONS.
13 The City Clerk of the City of Vernon, with the approval
14 of the City Council first had and obtained, is authorized to make
15 such rules and regulations as may be necessary to aid or assist in
16 the enforcement of the provisions of this Ordinance. Such
17 regulations when approved by resolution of the City Council of
18 the City of Vernon shall have the same force and effect as though
19 regularly adopted by the City Council of the City of Vernon.
20 SECTION l6: REMEDIES, CUMULATIVE.
21 The conviction and punishment of any person for engaging
22 in any business without first obtaining a license to conduct such
23 business shall not relieve such person from paying the license fee
24 due and unpaid at the time of such conviction. Nor shall the
25 payment of any license fee prevent a criminal prosecution for
26 the violation of any of the provisions of this Ordinance or any
27 other Ordinance of the City of Vernon. All remedies prescribed
28 hereunder shall be cumulative and the use of one or more remedies
29 by the City shall not bar the use of any other remedy for the
30 purpose of enforcing the provisions of this Ordinance.
31 SECTION 17: WRITTEN STATEMENTS REQUIRED - WHEN.
32 A Written statement must be filed with the City Clerk
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by someone authorized to make the same and having knowledge 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, if the license fee is based on average
number of persons employed in the City of Vernon. The written
statement shall be made upon forms furnished by the City Clerk
and shall include a certificate in substance as follows:
HI 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 provisions of the License Ordinance of the City
of Vernon."
(a) Said written statement shall be filed by the last day of
February of the ensuing calendar year.
(b) No statement filed hereunder shall be conclusive as to
the matters set forth therein nor shall the filing of the same
preclude the City from collecting by appropriate action such sum
as is actually due and payable hereunder. The City of Vernon
reserves the right to institute any legal proceeding which it deem
necessary to examine, audit and inspect such licensee's books and
records for the purpose of ascertaining the correct amount of the
license fee due.
(c) The information or data obtained from such examination
or audit, whether by court action or otherwise, or from any state-
ment required hereunder, shall be used for the purpose of en-
forcing the provisions of this 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
withhold the issuance of any license until the required statement
is furnished.
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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.
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SECTION 19: DELINQUENCIES -- PENALTIES.
(a) Delinquency date.. All license fees required by this
Ordinance shall be deemed delinquent if not paid on or before the
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time hereinafter prescribed:
(1) Annual licenses -- on or before the close of
10 business on the last day of February of each year;
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(2) Daily licenses -- on or before the close of busines
12 on each day for which the same becomes due.
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(b) Penalties. Whenever the license fee required by this
14 Ordinance is not paid on or before the delinquency date, a penalty
15 of 10% of the amount due shall be imposed, and an additional
16 penalty of 5% of the original license fee shall be added at the
17 close of business on the last day of each calendar month there-
18 after. Every penalty shall become a part of the license fee
19 required by this Ordinance. In no case shall the total penalty
20 exceed 50% of the original license fee.
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SECTION 20: NEWLY ESTABLISHED BUSINESSES.
22 The first license for any newly established business
23 which is subject to annual license tax based upon the average
24 number of persons employed shall be ascertained and paid in the
25 following manner:
26 After approval by the City Clerk to issue such license,
27 applicant shall pay license fee prorated upon the basis of the
28 calendar quarters or fraction thereof remaining in the current
29 year. Applicant shall estimate the average number of employees
30 for the remainder of the current license year, and use the
31 schedule of license fees in Section 26 of this Ordinance in deter-
32 mining the amount of license fee payable under this section.
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.1 After approval by the City Clerk, the first license fee
2 for any newly established business, which is not subject to annual
3 license tax based upon the average number of employees, shall pay
4 license fee prorated upon the basis of the calendar quarters or
5 fraction thereof remaining in the current year.
6 SECTION 21: RENEWAL.
7 At the time of application for renewal of the annual
8 license required under this Ordinance, if the license fee is based
9 on average number of persons employed in the City of Vernon, licens
10 ee shall file with the City Clerk on forms supplied by him a state-
11 ment showing the average number of persons employed in the City of
12 Vernon in the conduct of applicant's business during the preceding
13 year, said average number of employees as defined herein, and
14 computed as required in Section 1, Sub-section (e) hereof. Said
15 license fee shall be paid upon the basis of such statement.
16 SECTION 22: l"AILURJ:':: TO FILE STATEMENT OR CORRli.:CTED
17 STATEMENT.
18 If any person fails to file any statement required
19 hereby within the time prescribed hereby, or if after demand
20 therefor made by the City Clerk fails to file a corrected state-
21 ment, the City Clerk may determine the amount of license fee due
~2 from such person from such information as he may be able to ob-
23 tain, and if necessary may estimate the fee required to be paid
24 hereunder upon the basis of average number of people employed,
25 or by considering other facts. In case a determination is made,
26 the City Clerk shall give notice of the amount so assessed by
27 serving the same personally or by depositing the same in the
28 United states Post Office at Vernon, postage prepaid thereon,
29 addressed to the person so assessed at his last known address.
30 Such person may, within 10 days after the mailing or serving of
31 such notice, make application in writing to the City Clerk for a
32 hearing on the amount of the tax. If such application is not so
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.1 made within the time prescribed the assessment shall become final.
2 If such an application is filed, the City Clerk must cause the
3 matter to be set for hearing within 15 days before the City
4 Council. The City Council shall consider all evidence produced
5 and shall make written findings thereon, a copy of such findings
6 to be served upon the applicant in the manner prescribed above
7 for the service of notice of assessment. Such findings shall
8 become final at the expiration of 5 days from the date of service
9 within which time exceptions may be filed by the applicant. If
10 filed, the City Council shall consider same and make such modifi-
11 cation as may be deemed necessary, thereupon the final assessment
12 shall be made.
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SECTION 23: ADDITIONAL POWERS OF CITY CLERK.
14 The City Clerk shall have the power to compromise any
15 claim for license fees levied pursuant to the provisions of this
16 Ordinance.
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SECTION 24: JOINT LICENSES.
Whenever any person is engaged in two or more busi-
nesses at the same location licensed under the provisions of this
Ordinance, 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 li-
censes for the conducting of each such businesses, but shall be
issued a joint license, and the total number of employees employe
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 such businesses.
SEc'rION 25: INCIDENTAL BUSINESSES - PAYMENT IN
29 MERCHANDISE.
30 Whenever any person is engaged in any business licensed
51 under the provisions of this Ordinance and as an incident to such
32 business accepts second hand goods, wares and merchandise as part
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,1 payment on new merchandise, such person shall not be required to
2 obtain a license to deal in second hand merchandise as defined
3 elsewhere in this Ordinance, and such acts shall not be considered
4 as dealing in second hand merchandise.
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SECTION 26: BUSINESS LICENSED - LICENSE FEES.
6 Subject to the provisions of all other Sections of this
7 Ordinance, the fees required to be paid for each of the several
8 businesses licensed under the provisions of this Ordinance is
9 prescribed as follows:
10 Every person doing business or engaged in any business,
11 profession, trade or occupation, or perform any act, or otherwise
12 dealing in or with goods, wares or merchandise, and not elsewhere
13 specifically licensed by other provisions of this Ordinance, shall
14 pay a license fee for each calendar year or portion thereof, for
15 the privilege of doing business in the City of Vernon, as follows:
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(a) Every person employing zero (0) or one (1) employee
17 shall pay the sum of $25.00 per year (warehousing with no em-
18 ployees in the City of Vernon shall pay the minimum of $25.00 per
19 year) ;
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(b) Every person employing two (2) to ten (10) employees
21 shall pay the sum of $50.00 per year;
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(c) Every person employing eleven (11) to twenty-five (25)
23 employees shall pay the sum of $75.00 per year;
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(d) Every person employing twenty-six (26) to fifty (50)
25 employees shall pay the sum of $100.00 per year;
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(e) Every person employing fifty-one (51) to seventy-five
27 (75) employees shall pay the sum of $150.00 per year;
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(f) Every person employing seventy-six (76) to one hundred
29 (100) employees shall pay the sum of $200.00 per year;
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(g) Every person employing one hundred one (101) to one
31 hundred fifty (l50) employees shall pay the sum of $250.00 per
32 year;
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.1 (h) Every person employing one hundred fifty one (151)
2 to two hundred (200) employees shall pay the sum of $300.00 per
3 year;
4 (i) Every person employing two hundred one (201) to two
5 hundred fifty (250) employees shall pay the sum of $350.00 per
6 year;
7 (j) Every person employing two hundred fifty one (251) to
8 three hundred (300) employees shall pay the sum of $400.00 per
9 year;
10 (k) Every person employing three hundred one (301) to four
11. hundred (400) employees shall pay the sum of $450.00 per year;
12 (1) Every person employing four hundred one (401) to five
13 hundred (500) employees shall pay the sum of $500.00 per year;
14 (m) Every person employing five hundred one (501) to six
15 hundred (600) employees shall pay the sum of $600.00 per year;
16 (n) Every person employing six hundred one (601) to seven
17 hundred (700) employees shall pay the sum of $700.00 per year;
18 (0) Every person employing seven hundred one (701) to eight
19 hundred (800) employees shall pay the sum of $800.00 per year;
20 (p) Every person emPoying eight hundred one (801) to nine
21 hundred (900) employees shall pay the sum of $900.00 per year;
~2 (q) Every person employing nine hundred one (901) to one
23 thousand (1,000) employees shall pay the sum of $1,000.00 per
24 year;
25 (r) Every person employing one thousand one (1,001) to one
26 thousand one hundred (l,lOO) employees shall pay the sum of
27 $l,lOO.OO per year;
28 (s) Every person employing one thousand one hundred one
29 (1,101) to one thousand two hundred (1,200) employees shall pay
30 the sum of $l,200.00 per year;
31 (t) Every person employing one thousand two hundred one
32 (1,20l) to one thousand three hundred (l,300) employees shall pay
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.1 the sum of $1,300.00 per year;
2 (u) Every person employing one thousand three hundred one
3 (1,301) to one thousand four hundred (1,400) employees shall pay
4 the sum of $l,400.00 per year;
5 (v) Every person employing one thousand four hundred one
6 (1,401) to one thousand five hundred (1,500) employees shall pay
7 the sum of $1,500.00 per year;
8 (w) Every person employing one thousand five hundred one
9 (l,501) to one thousand six hundred (1,600) employees shall pay
10 the sum of $1,600.00 per year;
11 . (x) Every person employing one thousand six hundred one
12 (1,601) to one thousand seven hundred (1,700) employees shall pay
13 the sum of $1,700.00 per year;
14 (y) Every person employing one thousand seven hundred one
15 (1,701) to one thousand eight hundred (1,800) employees shall pay
16 the sum of $1,800.00 per year;
17 (z) Every person employing one thousand eight hundred one
18 (l,801) to one thousand nine hundred (1,900) employees shall pay
19 the sum of $1,900.00 per year;
20 (aa) Every person e~ploying one thousand nine hundred one
21 (l,90l) and pver employees shall pay the sum of $2,000.00 per yea.
~2 SECTION 26.1: CENTRAL STATION INDUSTRIAL PROTECTIVE
23 SERVICE.
24 (a) Every person engaged in conducting a central station
25 protective signaling system for watchmen, fire alarm or super-
26 visory service shall pay a minimum license of $50.00 per annum,
27 to be paid at the time of applying for or renewal of license.
28 (b) The Licensee shall pay to the City of Vernon 2% of the
29 gross receipts of business arising from licensee's operations
30 conducted in the City of Vernon, less the sum of $50.00, when 2%
31 of the gross receipts exceeds $50000.
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(c) Definitions:
2 "Protective Systems" include, but are not restricted to,
3 automatic Sprinklers, standpipes, carbon dioxide systems, auto-
4 matic covers and other devices used for extinguishing fires, and
5 for controlling temperatures or other conditions dangerous to
6 life or property.
7 ttProtective Signaling Systemstt are electrically operated
8 circuits, instruments, or devises, together with the necessary
10 trouble signals, necessary for the protection of life or property.
9 electrical energy, designed to transmit alarms or supervisory or
11 ttCentral station Systemstt are systems or groups of
12 systems, the operation of which are signaled to, recorded in,
13 maintained or supervised from a central station for the protectio
14 of life or property.
15 Any license granted under this Section must be approved
16 by the Fire and/or Police Department before issuance of said
17 license.
18
SECTION 27: AUCTIONEERS.
19 For every person, firm or corporation engaged in or
20 carrying on the business of an auctioneer, not having a fixed
21 place of business in the City of Vernon, for the sale at auction
22 of any real or personal property, $25.00 per day.
23
24
SECTION 28: PEDDLERS.
25 of a peddler for the purpose of selling or offering for sale any
(a) For every person engaged in or carrying on the business
26 goods, wares or merchandise, $60.00 per year, or portion thereof.
27 The first license for any newly established peddler
28 shall pay a license fee prorated upon the basis of calendar quar-
29 ters or fraction thereof remaining in the currect year.
30 All licenses for persons engaged in or carrying on the
31 business of a peddler shall be annual licenses only, and no
32 refunds shall be granted to any peddler that terminates his
17.
,1 business in the City of Vernon before the expiration date of said
2 license.
3 Any peddler business may be transferred from one person
4 to another during the calendar year without the purchase of a new
5 license for the unexpired portion of the existing license, provid-
6 ed that all requirements of city departments having jurisdiction
7 are complied with.
8 catering vehicles, not otherwise licensed, operating in
9 the City of Vernon to serve an auction or special event shall pay
10 the sum of $5.00 per day for each day of said operation.
11 . No license shall be issued to a peddler or to a catering
12 vehicle until such vehicle or peddler's vehicle has been inspected
13 and approved by the Fire Department and the Health Department.
14
(b) For every peddler who calls attention to his wares, or
15 advertises the same by the use of music, entertainment, speech,
16 fancy or grotesque dress, or otherwise, upon any public street,
17 alley or other public place, doorway of any room or building,
18 j unenclosed or vacant lot or parcel of land, $300.00 per year, or
I.
I
19 1 portion thereof.
20 I SECTION 29: MOTION PICTURE PRODUCTION.
21 For every person conducting, managing or carrying on the
~2 business of taking or producing one or more motion pictures or
23 photoplays, having no fixed place of business in the City of
24 Vernon, $100.00 per day.
25
SECTION 30: SELLING FRUIT AND VEGETABLES.
26 }'or every person conducting, managing, or carrying on
27 the business of selling fruits or vegetables from a vehicle, and
28 having no fixed place of business in the city of Vernon, $60.00
29 per year, or portion thereof.
30
51
SECTION 3l: DEALERS IN JUNK, METAL, RAGS, PAPER, ETC.
(a) For every person having a fixed place of business in the
32 City of Vernon, and engaged in conducting, managing, or carrying
18.
41
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.1
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on the business of buying or selling, at wholesale or retail, any
old metal, such as old iron, brass, copper or other metals, com-
monly known as junk or scrap metal, $720.00 per year.
(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 secondhand rags and paper, commonly known as a second-
hand rag or paper dealer, at a fixed place of business in the
City of Vernon, the sum of $420.00 per year.
(c) Every person engaged in the business of conducting or
operating, at wholesale or retail, any secondhand steel or cast
iron oil pipe, water pipe, oil-well casing, and/or fittings for
the same, commonly known as a secondhand pipe dealer, at a fixed
place of business in the City of Vernon, the sum of $720.00 per
year.
SECTION 32: USED CAR DEALERS.
16 For every person engaged in the business of conducting
17 or operating, managing or carrying on the business of buying,
18 selling, or offering for sale, consigned to be sold, or otherwise
19 dealing in used motor vehicles, commonly known as a used car
20 dealer, the sum of $720.00 per year.
21
~2
SECTION 33: SH~VS, CIRCUSES, RODEOS AND OTHER AMUSEMENT.
Every person engaged in the business of conducting a
23 show, circus, rodeo or other type of amusement in the City of
24 Vernon, for a period of less than thirty (30) days at one location,
25 for which an admission fee is charged to or in any wise collected
26 from the persons attending the same, shall pay a license fee for
27 each day or portion thereof during which said show, circus, rodeo
28 or other type of amusement is conducted or carried on, for the
29 privilege of doing business in the City of Vernon, as follows:
30
(a) The sum of $100.00 per day for such show, circus,
31 rodeo, or other type of amusement;
32
(b) The sum of $50.00 per day for each sideshow for which an
19.
,1 admission fee is charged, and which is operated as a side attrac-
2 tion to a show, circus, rodeo, or other type of amusement licensed
:3 under subparagraph (a) above; and
4 (c) No license shall be issued for businesses pursuant to
5 Section 33 unless the City Council shall have first authorized
6 the issuance of such license.
7 SECTION 34:
8 Nothing in this Ordinance shall be construed as re-
9 quiring a license or the paying of a license fee for the doing of
10 an act which would constitute an unlawful burden upon or an
11 unlawful interference with interstate or foreign commerce or which
12 would be in violation of the constitution or the laws of the
13 United States or the constitution or the laws of the State of
14 California.
15 SECTION 35: POWER TO REVOKE AND SUSPEND LICENSES _
16 PROCEDURE.
17 Any license granted pursuant to the provisions of this
18 Ordinance to any person to conduct, carryon or engage in any
19 business, trade, or occupation, by the City Clerk, unless pro-
20 vision is otherwise specifically made, shall not be revoked or
21 suspended except as provided in this Section.
~2 No such license shall be revoked or suspended until a
23 hearing upon written notice to the licensee shall have been had
24 I by the City Council. Written notice of such hearing shall be
25 served upon the licensee either by personal delivery thereof by
26 the City Clerk, deputy City Clerk, or other person appointed by the
27 City Council, to the person to be notified, or by deposit of the
28 notice in the United States mails in a sealed envelope, postage
29 prepaid, addressed to such person to be notified, at his last
30 known business or residence address as the same appears in the
31 public records or other records pertaining to the matter to which
32 notice is directed. Service by mail shall be deemed to have been
20.
.1 completed at the time of deposit in the Pbst Office.
2 Such notice shall state:
3 (a) The grounds for complaint or reasons for the revocation
4 or suspension in clear and concise language;
5 (b) The time when and place where such hearing is to be
6 held, the same to be held within thirty (30) days of such notice.
7 If a veDcried complaint is required to be filed with the
8 City Council, or if the City Council shall have power to initiate
9 its own complaint, then a true and correct copy of such complaint
10 shall be served on the licensee in lieu of stating the grounds of
11 complaint. However, notice of the time when and place where such
12 hearing is to be held shall be served with such complaint.
13 Such notice or copy of complaint shall be served or
14 given to the licensee at least five (5) and not more than thirty
15 (30) days prior to the date set for said hearing.
16 At any such hearing the licensee shall be given an
17 opportunity to be heard and defend himself, and he may call
18 witnesses in his behalf.
19 The City Council may continue such hearings from time to
20 time upon good cause being shown therefor.
21 After conducting such hearing the City Council may
22 suspend or revoke any such license upon such terms and conditions
23 as, in the exercise of a reasonable and sound discretion, it shall
24 determine.
25 i SECTION 36: NOTIFICATION OR REVOCATION OR SUSPENSION.
26 The City Council shall, orally or in the manner provided
27 by Section 35, notify licensee of any finding, suspension or
28 revocation made by it or any conditions attached thereto.
29 The City Councilor other person having authority to do
30 so, after revoking or suspending any such license. shall notify
31 the City Clerk of such revocation or suspension, and thereafter no
32 license shall be issued by the City Clerk to any licensee to
21.
.1 conduct, carryon, or engage in any business or to do any act
2 for which such license was granted until a new license shall have
3 been granted therefor.
4 SECTION 37: FAILURE TO PAY LIClmSE EBE.
5 Whenever under any provisions of this Ordinance a
6 regulatory license is required for the conduct of any business,
7 profession, trade or occupation, or for the performance of any act
8 upon which an occupational license tax is imposed by this
9 Ordinance, or by any other Ordinance of the City of Vernon, the
10 failure to pay such license fee will be a ground for the suspensio
11 of the license but the procedure outlined in Section 35 shall be
12 followedo
13 SECTION 38: SUSPENDED OR REVOKED LICENSE - LICENSEE
14 NOT TO ENGAGE IN BUSINESS.
15 No person whose license has been revoked or suspended
16 pursuant to the provisions of Section 35 or pursuant to any other
17 provisions of this Ordinance shall engage in or carryon any
18 business or do any act permitted to be done pursuant to such
19 license during the period of suspension or after revocation there-
20 of, until a new license shall have been granted.
21 SECTION 39: MISSTATEMENT IN APPLICATION.
22 No person shall make any false, misleading or fraudulent
23 statement or misrepresent any facts in any application for a
24 license or in any notice or record required to be filed with the
25 City Clerk or with any officer or other authorized person of this
26 City. In addition to any other penalties provided by this
27 Ordinance, such conduct shall be grounds for suspending or re-
28 voking any license issued to such person.
29 SECTION 40: PERMIT.
30 Before moving any structure upon and along the streets
51 in the City of Vernon a permit must be secured from the city Clerk
32 of said City, and the sum of $50.00 must be deposited with said
22.
Ii
,1 City Clerk, payable to the City of Vernon, for every structure
2 moved upon or along any street in said City. And in the event
3 that any damage is caused in the moving of said structure, the
4 City Council shall have power toorder said damage to be repaired
5 or replaced from the money deposited by the applicant and the
6 balance returned after repairing or replacing said damage.
7 Permit fee for each structure moved into, in, or through
8 the City of Vernon, $5.00.
9 SECTION 4l: REFUNDS BY CITY CLERK.
10 The City Clerk shall have the authority to refund monies
11 upon proper application, to businesses that have discontinued
12 operations in the City of Vernon during a calendar year. The
13 amount of refund shall be prorated upon the basis of the calendar
14 quarters or fraction thereof that said businesses operated within
15 the City of Vernon.
16 SECTION 42: USED CAR AND AUTOMOBILE DEALERS.
17 (a) PREREqUISITES: BOND, FEE, AF'FIDAVIT. Before receiving
18 or acting upon an application for the granting of each license to
19 a used car or automobile dealer, any applicant therefor shall
20 comply with the following requirements:
21 (1) Applicant shall file with the City Clerk, at the
22 time of filing said application, a bond executed ~p the City of
23 Vernon by a surety corporation duly authorized so to do, and
24 approved by the City Attorney. Said bond shall be joint and
25 several, and the penalty therefor shall be Twenty-five Hundred
26 Dollars ($2,500.00), and shall be conditioned to be paid to the
27 City of Vernon and any person, insuring them against any loss,
28 or damage which may result to any person from any transaction
29 involving the used motor vehicle by the dealer through failure to
30 deliver a clear title to the person entitled thereto, within
51 twenty-one (21) days after final payment has been made. Saidrond
32 shall not be void upon the first recovery, but may be sued and
23.
.1 recovered upon from time to time by any person aggrieved, until
2 the whole penal amount is exhausted.
3 (2) An affidavit signed by the applicant, showing that
4 said applicant is to conduct his business at a fixed place where
5 used motor vehicles are and will be displayed for sale. Said
6 application for a license must be signed by the applicant, and
7 if the applicant is a corporation, or a partnership, the same
8 must be signed by duly authorized officers, on behalf of the
9 corporation, or by all members of the partnership, and the same
10 must contain the addresses of all officers of the corporation or
11 of all of the partners.
12 (b) Upon receipt of said application the City Clerk shall
13 investigate or have investigated the character and business as
14 specified in said application and, thereafter, may issue a
15 license to applicant which shall be effective for the remaining
16 portion of the current year.
17 (c) RECORD OF SALES. Every used car or automobile dealer
18 shall keep a record of the purchases, consignments, sales and
19 exchanges for each and every motor vehicle purchased, sold,
20 consigned to be sold or exchanged by him, and said record at all
21 times shall be open to the inspection of the Chief of Police or
22 any Police Officer. Used car or automobile dealers shall, within
23 forty-eight (48) hours after the purchase or receipt of such
24 vehicle, make out and mail to the Chief of Police of the City of
25 Vernon a full and complete report of such vehicle. Said report
26 shall contain;
27 (1) Name and address of the person from whom purchased
28 or received;
29 (2) The make, State license number, serial number,
30 style and seating capacity of any such motor vehicle purchased or
31 received. Said report shall be written on blanks to be furnished
32 by the Chief of Police.
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(d) RECORD OF RE-POSSESSION: Every person who shall repos-
sess any motor vehicle sold, exchanged, or financed by such person
shall, within forty-eight (48) hours after such repossession, make
out and file either in person or by authorized agent, with the
Chief of Police of the City of Vernon, a full and complete report
of the repossession of such vehicle, and shall use for that pur-
pose written blanks therefor to be obtained from and furnished 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 Ordinance, or any
provisions of any other Ordinance or of any law relating to or
regulating such used automobile business, or shall conduct or
carryon such business in an unlawful manner, 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
revoked, no license shall be granted to such person to conduct
or carryon such business within six (6) months after such revoca-
tion. No license shall be revoked except in the manner provided
in Sections 35 and 36 of this Ordinance.
SECTION 43: JUNK, SECONDHAND METAL, RAGS, PAPER
seCONDHAND STEEL, PIPE AND }'ITTINGS D::EAL:.mS
(a) PREREQUISITES: BOND, F'EE.
(l) There shall be filed in behalf of said applicant
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 which said bond shall be subject to
approval by the City Attorney. Said bond shall be joint and
several and the penalty thereof must be Twenty-five Hundred Dollar
($2,500.00) and must be conditioned to be paid to the City of
Vernon and any person, insuring them against any loss or damage
25.
,1 that may result to any person from any transaction involving the
2 sale of any commodity handled by the licensee through failure to
3 deliver a clear title to any person entitled thereto immediately
4 upon receipt of a final payment therefor by the licensee. Said
5 bond shall not be void upon first recovery, but may be sued and
6 recovered upon from time to time by any person aggrieved until
7 the whole penalty is exhausted;
8 (2) An affidavit, signed by the applicant, showing that
9 said applicant is to conduct his business at a fixed place where
10 his goods and wares will be displayed for sale. Such application
11 for a license must be signed by the applicant, and if applicant is
12 a corporation or a partnership the same must be signed by a duly
13 authorized officer on behalf of the corporation or by all members
14 of a partnership, and the same must contain the address of all
15 officers of the corporation or of all of the partners.
16 (b) Upon receipt of said application, the City Clerk shall
17 investigate or have investigated the character and business as
18 specified in said application, and thereafter may issue a license
19 to applicant which shall be effective for the remaining portion
20 of the current year.
21 (c) RECORD OF' SALES. Each licensee licensed under the
22 provisions of Section 31 shall, before the hour of 10:00 o'clock
23 in the morning of each Monday and Wednesday of the week, make
24 out and deliver to the Chief of Police of the City of Vernon, on
25 a blank form to be furnished by the licensee and approved by the
26 Chief of Police, or his duly authorized deputy, a full, true and
27 complete report, in the English language, of all goods, wares or
28 merchandise purchased since the filing of the last report; said
29 report shall show the date each article is received or purchased,
30 and the true name and address of the person or persons by whom
31 said article was sold, together with a description of said person
32 or persons as near as can be ascertained by the licensee. The
26.
.1 description required to be given of such person or persons shall
2 show the style of dress, height, age, sex, complexion, color of
3 moustache or beard or both where the same are worn, and if neither
4 is worn said facts to be noted, together with a complete des-
5 cription of each article purchased by the licensee.
6 (d) It shall be unlawful for any licensee covered by the
7 provisions of this Section to sell or otherwise dispose of any
8 article or thing bought by him within one week after such article
9 or thing has been purchased.
10 (e) Every person operating under the provisions of this
11 Section or of any other Section of this Ordinance shall be held
12 strictly responsible for the conduct of his employees insofar as
13 sales and purchases are concerned. Any violation of this sub-
14 section or of any other provision in this Ordinance, or of any
15 law relating to or regulating such business or the conducting or
16 carrying on of such business in an unlawful manner by a licensee
17 shall be deemed sufficient grounds to suspend and revoke any such
18 license. No license shall be revoked except in a manner provided
19 in Sections 35 and 36 of this Ordinance.
20 SECTION 44: PROHIBITED ACTS; VALIDITY OF ORDINANCE;
21 VIOLATIONS, A MISDEMEANOR; OUTSTANDING
:a2 LICENSES FOR REVENUE PURPOSES; REPEAL OF
23 CONFLICTING ORDINANCES.
24 (a) Prohibited acts: Whenever in this Ordinance any act or
25 omission is made unlawful it shall include causing, permitting,
26 aiding, abetting, suffering or concealing the fact of such act or
27 omission.
28 (b) Validity of Ordinance: If any section, subsection,
29 sentence, clause, phrase, or portion of this Ordinance is for any
30 reason held to be invalid or unlawful by the decision of any
31 court of competent jurisdiction, such decision shall not affect
32 the validity of the remaining portions of this Ordinance. The
27.
,1 City Council of the City of Vernon hereby declare that they would
2 have adopted this Ordinance and each section, subsection, sentence,
3 clause, phrase or portion thereof, irrespective of the fact that
4 anyone or more sections, subsections, clauses, phrases, or por-
5 tions be declared invalid or unconstitutional.
6 (c) Violations, a misdemeanor. It shall be unlawful for any
7 person to violate any of the provisions, or to fail to comply with
8 any of the requirements of this Ordinance. Any person violating
9 any of the provisions or failing to comply with any of the manda-
10 tory requirements of this Ordinance shall be guilty of a mis-
11 demeanor. Any person convicted of a misdemeanor under the pro-
12 visions of this Ordinance, unless provision is otherwise herein
13 made, shall be punishable by a fine not exceeding Three Hundred
14 Dollars ($300.00), or by imprisonment in the City Jail of the
15 City of Vernon, or the County Jail of the County of Los Angeles,
16 as the committing magistrate directs, for a period of not to
17 exceed three (3) months, or by both such fine and imprisonment.
18 Each such person shall be guilty of a separate offense for each
19 and every day during any portion of which any violation of any
20 provision of this Ordinance is committed, continued or permitted
21 by such person, and such person shall be punishable accordingly.
22 In addition to the penalties hereinabove provided, and condition
23 caused or permitted to exist in violation of any of the pro-
24 visions of this Ordinance shall be deemed a public nuisance, and
25 may be summarily abated as such by the City of Vernon, and each
26 day that such condition continues shall be regarded as a new and
27 separate offense.
28 (d) Repeal of Conflicting Ordinances; saving clause on
29 repeal. Ordinances No. 710, 735, 765, 770, 774, 775, 785 of the
30 City of Vernon, and all other Ordinances or portions of Ordinances
31 in conflict with the provisions of this Ordinance, are hereby
32 repealed, except as to violations of said Ordinances and offenses
28.
II
10
,1 committed before this Ordinance takes effect; and as to such
2 violations and offenses, and for the punishment of parties guilty
:3 thereof, and for the collection of any delinquent taxes, licenses,
4 fees or penalties levied, assessed, due or delinquent pursuant to
5 the provisions thereof, the repealed provisions of said Ordinances
6 shall continue in full force and effect.
7
SECTION 45: EFFECTIVE DATE OF ORDINANCE.
8 This Ordinance shall take effect for all purposes on the
9 first day of January, 1970.
SECTION 46: POSTING.
11 There being no newspaper of general circulation printed,
12 published and circulated in the City of Vernon, the City Clerk is
13 hereby directed to certify to the passage of this Ordinance, and
14 shall post same, or cause same to be posted, in three of the most
15 public places in said City, to wit: The northwest corner of 38th
16 Street and Santa Fe Avenue; the northeast corner of Leonis
17 Boulevard and Pacific Boulevard; and on the bulletin board in the
18 lobby of the City Hall of said City, located at 4305 Santa Fe
19 Avenue, all in the City of Vernon, Los Angeles, County, California.
20
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ADOPTED this
21st
day of
October
, 1969.
ATTEST:
~
~...i
~. A Z1~mer, C1ty Clerk -
Director of Finance
29.
1
2
STATE OF CALIFORNIA )
) SSe
COUNTY OF LOS ANGELES )
31
4 I, F. A. ZIEMER, City Clerk of the City of Vernon, do
5' hereby certify that the foregoing Ordinance, being Ordinance No.
6
, was duly and regularly introduced at a regular meeting
802
7 of the City Council of the City of Vernon, held on October
8
, and thereafter finally adopted at a regular meeting
7, 1969
9 of said Ci ty Council held on October 21, 1969
10 following vote:
11 AYES: Councilmen: Anderson, Furlong, Mai11iard, Ybarra
, by the
12 NOES: Councilmen: None
13 ABSENT: Councilmen: Malburg
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~,
City Clerk
30.
1
2
AFFIDAVIT OF' POSTING
3 STATE OF CALIFORNIA )
)
4 COUNTY OF LOS ANGELES ) ss.
)
5 CITY OF VERNON )
6
7
I, F. A. ZIEMER, City Clerk of the City of Vernon, do
8 hereby certify that I did, on the
22nd day of
October
9 19~, post three (3) copies of
10
ORDINANCE NO. 802
, one in each of the following
11 places, to wit: At the northwest corner of 38th Street and Santa
12 Fe Avenue, at the northeast corner of Leonis Boulevard and Pacific
13 Boulevard, and on the bulletin board in the lobby of the City Hall
14 of the City of Vernon, located at 4305 Santa Fe Avenue, all in
15 said City, there being no newspaper of general circulation printed
16 and published in the City of Vernon.
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32
22nd day of
October
19 69 .
Signed this
~CitY Clerk
Subscribed and sworn to before me
'1
thi:~~ ~~~
~ar'i diC ~~~r e County of
Los Angeles, State of California.
,/
, 19~.
._...':~~
OFFICiAL ~;lSAl=-
I, ?CH
NOTARY PUBLIC- CALIFORNIA
Ccm'TI:~'~i(}n lX~'i;~;~~;~ 2~~-r973
4305 Santa Fe Ave.. Vernon. Calif. 90058