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HomeMy WebLinkAboutORD 384ORD 384ê79wT ×Pëª ORD 1 NANCE NO, 384 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING SECTIONS 6100, 6105.1, 6117, 6118, 6127, 6128, 6129, 6130, 6131 AND 6132 AND REPEALING SECTIONS 6133 THROUGH 6189 OF THE BALDWIN PARK MUNICIPAL CODE, RELATING TO BUSINESS LICENSES THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FO LLCNJS SECTION 1. That sub-paragraph b), Section 6100 of the Baldwin Park Municipal Code is hereby amended to read as follows: b) Employee. As used in this chapter, Employee" shall mean any person engaged, full time or part time in the operation or conduct of any business, whether as owner, or any member of the owner's family or partner, or agent, or manager, or solicitor and any and all other persons employed or working in said business." Whenever a license tax is imposed based, in whole or in part, upon the number of employees engaged in the business, the following provisions shall be used to determine the number of employees: the average number of persons employed by or engaged in a business during the calendar year preceding the issuance of a license and shall be determined by the following formula: one-twelfth of the total number of such employees engaged in the business for each month of the preceding year. Where a business has existed less than twelve 12) months of the year pre- ceding the issuance of a license, the actual number of months of existence shall be the computing fraction. If an employer has not previously engaged in business, he shall estimate the average number of employees who will be employed by him during the remainder of the calendar year." SECTION 2. That Section 6105.1 of the Baldwin Park Municipal Code is hereby amended to read as follows: 6105.1 TWO OR MORE BUSINESSES, In the event that any person is conducting, managing or carrying on, more than one of several businesses required to be licensed by this chapter, in the same location, and under the same management, such person shall obtain a separate license for each such business. SECTION 3. That sub-paragraph c) of Section 6117 of the Baldwin Park Municipal Code is hereby amended to read as follows: ORD 384ê79wT ×Pëª c) DECALS. Any licensee, to whom a business license has been issued for the operation of a wheeled vehicle, shall obtain from the Tax Collector, in addition to such business license, a numbered vehicle decal, for a fee of $0.50 per decal, for each wheeled vehicle. Said decal shall be permanently affixed to the lower right corner of the windshield of such vehicle." Any licensee to whom a business license has been issued for the operation of a coin- operated machine or device shall obtain from the Tax Collector, in addition to a business license, a numbered vending machine decal, at a cost of fifty cents 50~) per decal per machine; said decals shall be permanently affixed to each machine, in a conspicuous location." SECTION 4. That Section 6118 of the Baldwin Park Municipal Code is hereby amended to read as follows: 6118. License Tax How and When Payable. Unless otherwise specifically provided, all business licenses issued under the provisions of this chapter shall be, annual licenses, and shall be due and payable in advance, on the first day of January of each year; provided that license taxes covering new operations, commenced after the first day of January, may be prorated for the balance of the license period, except that licenses of $1.00 per year shall not be prorated and all other licenses shall be prorated on a quarterly basis, except as otherwise provided in this chapter, as follows: When the license is applied for during the first quarter of the calendar year a license fee for the entire yearly amount shall be due; when the license is applied for in the second quarter of the calendar year a license fee equal to three- fourths of the annual fee shall be due; when the license is applied for in the third quarter of the calendar year a license fee equal to one-half of the annual fee shall be due; and when the license is applied for during the fourth quarter then an amount equal to one-fourth of the annual fee shall be due." All licenses shall be payable in advance in lawful money of the United States at the Office of the Tax Collector of the City of Baldwin Park. SECTION 5. That Section 6127, of the Baldwin Park Municipal Code is hereby amended to read as follows: 6127. Contractors. a) All General Engineering Contractors and all General Building Contractors, licensed as such by the State of California, shall pay an annual license fee of $52.00." ORD 384ê79wT ×Pëª b) All Specialty Contractors licensed by the State of California as such, shall pay an annual license fee of $28.00." SECTION 6. That Section 6128 of the Baldwin Park Municipal Code, is hereby amended to read as follows: 6128. Professional. For conducting, managing carrying on or engaging in any business, profession or occupation hereinafter enumerated, the annual license tax shall be based upon the average number of professional members and the average number of employees, computed as follows: for each member of the firm practicing his profession, other than as a salaried employee, $28.00 per annum, plus $4.00 per annum for each employee in excess of three: Accountant Chiropractor Optometrist Appraiser Dentist Osteopath Architect Engineering Physician Consultant Attorney-at-law Entomologist Physiotherapist Auditor Geologist Surveyor Bacteriologist Mortician Veterinarian Chemist Occulist X-Ray Laboratory Chiropodist Optician SECTION 7. That Section 6129, of the Baldwin Park Municipal Code, is hereby amended to read as follows: 6129. Retail, Wholesale and Manufacturing Businesses and Other Businesses Not Otherwise Provided For. Every person engaged in the business of selling to the general public, at retail or wholesale, goods, wares, merchandise or services, and for each person engaged in the business of manufacturing any product, unless otherwise expressly provided for elsewhere in this chapter, and all persons engaged in any business or occupation not specifically provded for elsewhere in this chapter, shall pay an annual license fee of $28.00, plus $4.00 for each employee in excess of three 3)." SECTION 8. That Section 6130 of the Baldwin Park Municipal Code, is hereby amended to read as follows: 6130. Specifically Enumerated Businesses. Every person engaged in any of the following enumerated businesses shall pay an annual license fee for the conduct of such business as follows: 1) Advertising. For maintaining a bill- board, bulletin board, advertising on benches or other similar structures, installing flags or other special decorations, a fee of $52.00. 2) Amusements. a) Billiard and Pool Halls shall pay an annual license fee of $28.00 for the first pool or billiard table, plus $10.00 for each additional table; such license shall include the right to sell tobacco, confections, soft- drinks and lunches." ORD 384ê79wT ×Pëª b) Bowling, All=. Every bowling alley shall pay an annual fee of $28.00 for the first alley or lane, and an additional fee of $10.00 for each alley over one. c) Carnivals Circuses. Every carnival and circus shall pay a fee of $50.00 for each day of operation; and an additional $10.00 per day for each sideshow; provided that the maximum license fee for such side show shall not exceed $100.00 per day. d) Coin-operated Amusement Devices and Vendors. A vending machine operator's license shall be $28.00, provided that there shall be no pro-ration of such fee; in addition to the operator's license, there shall be an annual fee of $48.00 for each game machine; $12.00 for each juke box; $6.00 for each cigarette machine; and $1.00 for each soft drink or other machine requiring eleven cents 110) or less to activate the mechanism. No such license shall be required if the operator of such machine has a valid business license or a business use or use directly or incidentally provided that decals shall be required for each such machine. e) Dance Halls. Public or private dancing halls shall pay an annual license fee of $150.00. f) Theatres. Every theatre shall pay an annual license fee of ten 10¢) cents for each spectator seat or car space. 3) Auctioneers. Each person conducting one or more auction sales at a fixed place of business or elsewhere, shall pay a business license fee of $100.00 per annum, provided that there shall be no pro- ration of this fee. 4) Auto Wrecking Yard. Every person engaged in the dismantling or altering of any motor vehicle or other activities generally carried on in an auto wrecking yard, shall pay a business license fee of $52.00 per annum, plus an additional fee of $4.00 for each employee over three 3). 5) Coin-Operated Devices. Coin-operated devices such as laundromats, dry-cleaners or ice vendors shall pay an annual license fee of $28.00. 6) Weighing Machines- Vendors and U S Postage Stamp Mach* Operators of weighing machines, U, S, Postage Stamp Machines and other vending machines not otherwise herein mentioned, shall pay an annual license fee of $1.00 per machine. 7) Deliveries, The business license fee for conducting, managing or carrying on the business of running, driving or operating any automobile, truck, tank wagon, or any vehicle for the wholesale or retail delivery of merchandise of any nature, kind or description, or for the purpose of carrying on a bakery route, linen route, ice route, water distilled, spring, mineral aerated) route, laundry or dry-cleaning route, dairy route, or other routes of a like or similar nature, whether wholesale or retail, shall be $28.00 per annum for the first vehicle and $7.00 for each additional vehicle. 8) Miscellaneous: a) Apartments. The annual business license fee for apartments shall be by the Following Fee Schedule: ORD 384ê79wT ×Pëª 3 9 Units $20.00 60 69 Units $ 90.00 10 14 Units 30.00 70 79 Units 100.00 15 19 Units 40.00 80 89 Units 110.00 20 29 Units 50.00 90 99 Units 120.00 30 39 Units 60.00 l00 l09 Units 130.00 40 49 Units 70.00 110 119 Units 140.00 50 59 Units 80.00 120 and above Units 150.00 b) Hospitals. Hospitals shall pay an annual license fee of $52.00, plus $2.00 for each bed. c) Hotels, Motels and Trailer Parks. Hotels, motels and trailer parks shall pay an annual license fee of $28.00 for the first three 3) units, plus $2.00 for each unit in excess of three 3). d) Rest Homes. Rest homes, Homes for the Aged and Nursing and Convalescent Hospitals, and Convalescent Homes, shall pay an annual license fee of $28.00 plus $1.00 for each bed. e) Rooming Houses. Rooming Houses shall pay an annual license fee of $5.00 for each bed. 9) Junk Dealers. Junk dealers shall pay an annual license fee of $28.00, plus an additional fee of $4.00 for each employee over three 3). 10) Newspapers. For each daily weekly, semi-weekly or monthly newspaper, printed or published or circulated in the City, the annual fee of $52.00. 11) Pawn Shops. Pawn Shops shall pay an annual license fee of $28.00 plus an additional fee of $4.00 for each employee over three 3). 12) Public Utilities. Every person engaged as a public utility or otherwise in the distribution, transportation or transmission of electricity, gas, communications or water, unless operating under a franchise and paying a franchise tax to the City, shall pay an annual license fee of $28.00 plus $4.00 for each employee. 13) Real Estate Brokers. Real Estate brokers shall pay an annual license fee of $52.00 plus an additional fee of $4.00 for each employee. 14) Restaurants. Each restaurant, drive-in, beer bar or cocktail lounge shall pay an annual license fee as follows: a seating or drive-in accomodation for 25 people or less $25.00; seating or drive-in accomo- dations for between 25 and 100 people $50.00; and for seating or drive- in accomodations of over 100 people $100.00. ORD 384ê79wT ×Pëª 15) Automobile Dealers. Every person regularly engaged in the sae o new or used automobiles, trailers, campers, or similar items, shall pay an annual license fee of $52.00." SECTION 9. That Section 6131 of the Baldwin Park Municipal Code, is hereby amended to read as follows: 6131. Compliance with law. Issuance of a business license under the provis o' no7 his chapter shall not be deemed a waiver of any other privision of the Code; Licensees shall abide by the provisions of all applicable laws." SECTION 10. That Section 6132 of the Baldwin Park Municipal Code is hereby amended to read as follows: 6132. Solicitors. For every solicitor or employee not having a ixe p ace of business in the City, who travels from place to place, or house to house, and makes demonstra- tions of, or solicits, takes orders or canvasses for the sale of, or who sells any goods, wares, merchandise, subscriptions to periodicals or magazines, or things or articles of value of any nature, kind or description, shall pay $52.00 per annum or $5.00 per day; provided, however, persons residing in the City of Baldwin Park shall pay $28.00 per annum. Every person or employee who is to solicit in the City of Baldwin Park shall be required to furnish his fingerprints and thumb prints, and shall file an affidavit with the Tax Collector; such affidavit shall contain the following information: I. Name, address and telephone number of the applicant. 2. Name and address of the person by whom employed, if any. 3. Length of service of such applicant with such employer. 4.. Place of residence, and nature of employment of the applicant during the period of at least the year just preceding. 5. Nature of the goods and service to be offered by the applicant. 6. Drivers license number and license number of applicant's automobile. 7. Citizenship status of applicant. 8. Personal description of the applicant, and a statement that he has not been convicted of a felony. After the affidavit has been filed, the Tax Collector shall refer the same to the Police Department for investigation, the Police Department shall investigate the applicant and the statements in said affidavit. If, upon such investigation, it is found that the statements set forth in said affidavit are true, license may be issued, and if, on the other hand, they are found to be untrue in any material manner, application for license may be denied. In the event the Tax Collector shall refuse to issue a license to applicant, such applicant may appeal from the decision of the Tax Collector to the City Council of the City of Baldwin Park by filing a written notice of said appeal in the office of the City Clerk within five days after notification by the Tax Collector that his application for license has been denied." SECTION 11. That Sections 6133 through 6189 inclusive of the Baldwin Park Municipal Code, are hereby repealed and rescinded. ORD 384ê79wT ×Pëª SECTION 12. That the City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law. This Ordinance shall take effect on the 31st day of December, 1964. PASSED and APPROVED this 18th day of November 1964. CHARLES E. MORE MAYOR ATTEST: Or 731641- TH LMA L. BALKUS, CITY CLEW STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, THELMA L. BALKUS, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No. 384 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 4th day of November 1964. That, thereafter, said ordinance was duly adopted and passed at a_ regular meeting of the City Council on the 18th day f November 1964. by the following vote: AYES: COUNCILMEN GREGORY, ADAIR, CRITES, MCCARON AND MAYOR MOREHEAD NOES: COUNCILMEN NONE ABSENT: COUNCILMEN NONE T e ma L. Ba kus, qty Clerk BIB] 39007-U01 ORD-U02 384-U02 LI2-U03 FO31549-U03 FO94594-U03 DO94664-U03 C5-U03 ORDINANCES-U03 10/12/2006-U04 ROBIN-U04