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Ordinance No. 802 --------. ----. ,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. 6 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~ 19 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: 25 (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. 30 (b) UDoing businessn shall mean actively engaged in any 31 transaction for the purpose of financial or pecuniary gain or 32 profit. ~. .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 2. .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 3. .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 4. .1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3.1 32 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 5. ,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. 32 6. ,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 7. ,1 such assistance in the enforcement of this Ordinance as may from 2 time to time be required by the City Clerk. 3 (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. 7 (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. 15 (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. 18 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. 21 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- I I 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. 30 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 9. ,1 2 3 4! 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~2 23 24 25 26 27 28 29 30 31 32 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. 10. ,1 2 3 4 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. 5 1 61 71 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 8 9 time hereinafter prescribed: (1) Annual licenses -- on or before the close of 10 business on the last day of February of each year; 11 (2) Daily licenses -- on or before the close of busines 12 on each day for which the same becomes due. 13 (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. 21 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. 11. .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 12. .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. 13 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. 17 18 19 20 21 1 I ~21 23 24 25 26 27 28 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 13. Ii , ,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. 5 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: 16 (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) ; 20 (b) Every person employing two (2) to ten (10) employees 21 shall pay the sum of $50.00 per year; :22 (c) Every person employing eleven (11) to twenty-five (25) 23 employees shall pay the sum of $75.00 per year; 24 (d) Every person employing twenty-six (26) to fifty (50) 25 employees shall pay the sum of $100.00 per year; 26 (e) Every person employing fifty-one (51) to seventy-five 27 (75) employees shall pay the sum of $150.00 per year; 28 (f) Every person employing seventy-six (76) to one hundred 29 (100) employees shall pay the sum of $200.00 per year; 30 (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; 14. .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 15. .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. 32 16. ,1 Ii I (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 51 I 6 I 7 j 8 j 9 I 10 11 12 13 14 15 .1 2 3 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. 24. .1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~2 23 24 25 26 27 28 29 30 31 32 (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 21 ~2 23 24 25 26 27 28 2.9 30 31 32 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 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ~, 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. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 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