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HomeMy WebLinkAboutTC Ord 1964-12-14 ORDINANCE NO. 27 AN ORDINANCE OF THE CITY OF TIBURON LICENSING THE TRANSACTION AND CARRYING ON OIiF CERTAIN BUS INESSES, TRADES, PROFESS IONS, CALLINGS, AND OCCUPATIONS IN THE CITY OF TIB.URON FOR THE PURPOSE OF RAISING MUNICIPAL,REVENUE AND. PRO- VIDING A PENALTY FOR THE. VIOLATION THEREOF The City Council of the City of Tiburon does hereby ordain as follows: CHAPTER I STATEMENT AND PURPOSE OF ORD !NANCE Section 1. There are hereby imposed upon the businessesl trades~ professions. callings and occupations specified in this ordinance license taxes in the amounts hereinafter prescribed. It shall be unlawful for any person to transact and carryon any businessl trade., profession. calling, or occupation in the City of Tiburon without first having procured a license from said city so to do or without complying with any and all appli- cable provisions of this ordinance. This ordinance shall not be construed to require any person to obtain a license prior to doing business within the City if such requirement conflicts with the Constitution of the United states or of the State of California, or any appli- cable statutes. Persons not required to obtain a license prior to doing business within the City because of conflict with the Consti- tution of the United States or of the State of California or any applicable statutes, shall be liable for the payment of the tax imposed by this ordinance. A separate license must be obtained for each branch es- tablishment and each separate type of business at the same location, provided that separate types of business at the same location which are operated under one ownership may be licensed under the main or primary business at that location, and the combined gross receipts reported for license purposes. Section 2. This ordinance is enacted primarily to raise revenue for municipal purposes~ and is not intended for regu- lation, except as provided in Chapter VII of this ordinance. Section 3. Persons required to pay a license tax for transacting and carrying on any business under this ordinance shall not be relieved from the payment of any fees for the privilege of carrying on any similar or related activity re- quired under any other ordinance of the City of Tiburon, and shall remain subject to the regUlatory provisions of other or- dinances. Section 4. Neither the adoption of this ordinance nor 1... its superseding of any portion of any other ordinance of the City of Tiburon shall in any manner be construed to affect prosecution for violation of any other ordinance committed prior to the effective date hereof1 nor be construed as a waiver of any license or any penal provision applicable to any such violation1 nor be construed to affect the validity of any bond or cash deposit required by any ordinance to be posted, filed,. or deposited,. and all rights and obligations thereunto appertaining shall continue in full force and effect. Section 5. The amount of any license tax and penalty imposed by the provisions of this ordinance shall be deemed a debt to the City of Tiburon. An action may be commenced in the name of said City in any court of competent jurisdiction, for the amount of any delinquent license tax and penalties. Section 60 Definitions 0 For the purpose of this or- dinance, certain terms used herein are defined as follows: Words used in the present tense shall include the future tense1 words in the plural number shall include the singular number and words in the singular shall include the plural number. A. Person~ as used in this ordinance,. includes all domestic and foreign corporations~ associations,. syndicates,. joint stock corporations,. partnerships of every kind. clubs. Massachusetts,;( business, or common law trusts., societies,. and individuals transacting and carrying on any business in the City of Tiburon, other than as an employee. B. Gross Receipts,. as used in this ordinance,. shall include the total amount of the sale price of all sales and the total amount charged or received for the performance of any act or service,. of whatever nature it may be,. for which a charge is made or credit allowed. whether or not such act or service is done as a part of or in connection with the sale of materials, goods, wares or merchandise. Gross receipts. as used herein,. shall mean the gross receipts of the year preceding the beginning of the annual license period. Included in gross receipts shall be all receipts? cash,. credits, and property of any kind or nature, without any deduction therefrom on account of the cost of the property sold, the cost of the materials used, labor or service, costs,. interest paid or payable, or losses or other expenses whatso- ever. Excluded from gross receipts shall be cash dis- counts allowed and taken on sales1 credit allowed on property accepted as part of the purchase price and which property may later be soldT any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaserT such part of the sale price returned by purchasers .--lipon-recission of the contract of sale as is refunded either in cash or by credit1 amounts collected for others where the business is acting as an agent or trustee to the extent that such amounts are paid to those for whom collectedT that portion of the receipts of a general contractor which represents pay- ments to subcontractors, provided that such subcontractors are licensed under this ordinance, and provided the general con- tractor furnishes the collector with the names and addresses of 2. the subcontractor and the amounts paid each subcontractor. In computing gross receipts under the provisions of this ordinance~ there may be deducted the amount of gross receipts which has been the measure of a license tax paid to any other cityo c. Branch Establishment. as used in this ordi- nance~ shall mean a secondary location of a business or the operation and transaction of business at a location other than that of the primary business. provided that warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this ordinance shall not be deemed to be separate places of business or branch establishments. D. Business. as used in this ordinance~ includes professions~ trades~ and occupations~ and all and every kind of calling whether or not carried on for profit. E. Retailinq. The business of offering for sale or selling to the public at retail any materials, commodities~ goods, wares or merchandise. F. Wholesale and Jobbinq. The business of offering for sale or selling at wholesale or as a jobber any materials, commodities, wares or merchandise. G. Manufacturinq. All places of business. the principal function of which is the manufacturing~ making or developing of any machines~ device~ article. thing. commoditYr goods. wares, merchandise. products~ equipment# material or substance for sale or distribution to the publicI either at wholesale or retail. H. Buildinq, Contractinq~ and Subcontractinqo The business carried on as a contractor by any person engaged 1n building, lathing, acoustical installation~ plastering, paving, cement and concrete work, painting~ decorating, paper- hanging, metal work, heating and ventilating. house and building moving and wrecking, electrical work, plumbing~ structural work, well-drilling~ pest control, awning work, burglar alarm installations, etc. I. Professional Services. Any professional ser- vices, as that term is ordinarily and commonly used and under- stood. wherein individuals are engaged in the business of offering to the public professional or semi-professional services for compensation, and not specifically covered under any other part~ chapter or section of this ordinance. and shall include. but not be limited to. the services rendered by any person engaged in the practice or profession of law~ medicine. surgery? dentistry, optometry. chiropractics~ osteopathy~ chiropody~ veterinary. real estate agent. real estate broker~ stock and bond agent or broker~ telephone mes- sage service~ civil. mechanical. electrical~ industrial. or other class of engineer~ architect~ draftsman~ designer~ landscape artist. accountant~ income tax consultant. teacher of dancing, music7 elocution~ dramatic art. all teachers of the arts and sciences~ and similar enterprises or occupations1 provided# however. that the provisions of this ordinance shall 3. not apply to teachers and other employees of regularly estab- lished public or private schools operating within the City of Tiburon. Jo Personal Services. Any personal service, as that term is ordinarily and commonly used and understood, rendered by any person offering to the public personal services for compensation, and not specifically oovered under any other part, chapter, or section of this ordinance, and shall include, but not be limited tOI barbers, beauticlansl cosmeticians (manicurists, hair-dressers, etc.), boot-black, check-room operators~ and any person engaged in rendering any service to the person~ or personal services similar, kindred or related to any of those hereinabove enumerated. and for which a license fee is not specifically required under any other part~ chapter or section of this ordinance. K. Arts and Crafts. The service rendered indi- vidually, other than as a contractor~ for compensation by artisans, artists, bricklayers, brickmasons~ carpenters, dressmakers, electricians, engravers, gardners, sign painters, mechanics, metal workers, painters, plumbers, printers, sculp- tors, tailors, woodworkers, etc. L. Gross profit, as used in this ordinance, shall be defined as the excess of gross receipts over the expendi- tures directly involved in production or purchase of the com- modity sold, including the adjustment for opening and closing inventory. 4. CHAPTER II EXEMPTIONS Section 1. Mandatory Exemptions. Nothing in this or- dinance shall be deemed or construed to apply to any person transacting and carrying on any business exempt by virtue of the Constitution or applicable statues of the United States or of the State of California fram the ~yment to municipal corporations of such fees as herein prescribed. None of the license taxes provided for by this ordi- nance shall be so applied as to occasion an undue burden upon interstate commerce. Section 2. Charitable Organizations. The provisions of this ordinance shall not be deemed or construed to require the payment of a license fee to conduct, manage~ or carryon / any business, occupation or activity, fram any institution or organization which is conducted, managed~ or carried on wholly for the benefit of charitable purposes and fram which profit is not derived, either directly or indirectly, by any indi- vidual, firm, or corporation. Nothing in this section contained shall be deemed to exempt any such institution or organization from complying with the provisions of this or any other ordinance of the City of Tiburon requiring a permit from the City Councilor a certificate of compliance fram any officer to conduct, manage, or carryon any profession, trade, calling, or occupation in this ordinance specified. Section 3. Veterans. Every person honorably discharged fr~ any of the armed forces of the United States and physi- cally unable to earn his livelihocd by manual labor, shall be permitted to hawk, peddle, and vend any materials, goods, wares or merchandise (the sale or offering for sale of which is not prohibited by any Federal, State, or local law) without payment of any license fee required Hunder this ordinance, providing that the applicant files with the Tax Collector proof of his right to said exemption as set forth in Section 3B. The exemption provided in this section is personal to the veteran exempted from the payment of a license fee and shall not apply to a distributing or other business other than house-to-house or place-to-place hawking# peddling, or vending materials, goods, wares, or merchandise or soliciting orders therefor by such veteran personally. No license issued hereunder shall be assigned or trans- ferred, and no person except the person named in said license certificate shall be permitted to carryon the business author- ized hereunder. Section 4. Public utilities. The provisions of this ordinance shall not be deemed or construed to require the payment of any license fee by any public utility which pays to the City of Tiburon a tax under a franchise or similar agreement. Section 5. Publication or Sale of Newspapers. The 5. provisions of this ordinance shall not apply to the pUbli- cation or'sale of newspapers regularly issued, at average intervals not exceeding three (3) months. This exemption does not apply to receipts from job printing. Section 6. Insurance Agents and Insurance Companies. In accordance with Article XIII, Sectionl4-4/5~ subdivision (f) of the California Constitution, this ordinance shall not apply to insurance companies or insurance agents. Section 7Q Isolated or Occasional Transactions. The provisions of this ordinance shall not apply to persons, firms or corporations having no fixed place of business within the City of Tiburon and who shall come into the said City for the purpose of transacting a specific item of business, upon the request of a prospective patient, client~ or customer~ provided, however, that this exemption shall not apply if the same person, firm, or corporation shall come into the City of Tiburon for the purpose of transacting business therein or who shall transact business therein three or more times during any calendar year. 6. CHAPTER III APPLICATION PROCEDURE Section 1. Application. Every person required to have a license under the provisions of this ordinance shall make application for the same to the Tax Collector of the City of Tiburon, on the form provided, giving the following information: (1 ) (2 ) (3 ) (4 ) (5) The name of the person applying for license. The name of the business to be licensed. The place where such business is to be transacted and carried on. Statement of gross receipts, as required in Sec- tion 2 hereof. Such other information as may be required by the Tax Collector. Section 2. statement of Gross Receiptso In all cases where the amount of the license tax to be paid is measured by gross receipts, the applicant for license shall furnish to the Tax Collector for his guidance in ascertaining the amount of license tax to be paid by the applicant, a written statement written under penalty of perjury, or sworn to before a person authorized to administer oaths, setting forth such information as is required and as may be necessary to determine the amount of the license tax to be paid by the applicant. A. Upon a person making application for the first license to be issued hereunder, or for a newly established business, the applicant shall pay a deposit of $50.00, to be credited to the applicant after his license tax has finally been determined according to the method set forth herein. Said applicant shall estimate gross receipts for the period to be covered by the license to be issued. Such estimate, if accepted by the Tax Collector as reasonable, shall be used in determining the amount of license tax to be paid by the applicant~ provided~ however, that amount of the license tax so determined shall be tentative only, and such person shall, within thirty (30) days after the expiration of the period for which such license was issued, furnish the Tax Collector with a sworn statement showing the gross receipts during the period of such license, and the license tax for such period shall be finally ascertained and paid in the manner provided by this ordinance for the ascertaining and paying of renewal license taxes for other businesses, after deducting from the payment found to be due, the amount paid at the time the first license was issued. B. The applicant for the renewal of a license shall submit to the Tax Collector for his guidance in ascertaining the amount of the license tax to be paid by the applicant, a written statement setting forth such information concerning the applicant1s business during the preceding year as may be required by the said Tax Collector to enable him to ascertain the amount of the license tax to be paid by said applicant pursuant to the provisions of this ordinance. Section 3. Claim for Exemption. A. Any person claiming an exemption to Chapter II of this ordinance shall, in addition to the information re- quired in Section 1, file also a verified statement with the Tax Collector stating the facts upon which exemption is 7. claimed. B. Any person claiming an exemption pursuant to Chapter II, Section 3 in particular shall include with the information required by Subsection A above, the following in- formation: (a) A certificate of honorable discharge fram any of the armed forces of the United States, or a certified or exemplified copy thereof~ (b) A certificate of disability signed by any practicing physician or surgeon employed by the United States Government, the County of Marin, City of Tiburon, or any physician or surgeon engaged in private practice in the City of Tiburon~ (c) Two copies of a photograph of applicant taken within three years prior to date of application, one of which shall be attached to the license certificate, if the same is issued, and the other to be retained by the Tax Collector. C. The Tax Collector may revoke any license granted pursuant to the provisions of this Section 3, upon information that the licensee is not entitled to the exemption claimed. Section 4. Failure to File Statement. If any person fails to file any required statement within the time pre- scribed, or if after demand therefor made by the Tax Collector, he fails to file a corrected statement, the Tax Collector may determine the amount of license tax due from, such person by means of such information as he may be able to obtain. If such determination is made, the Tax Collector shall give a notice of the amount so assessed by serving it per- sonally or by depositing it in the United States Post Office at Tiburon, California, postage prepaid, addressed to the person so assessed at his last known address. Section 5. Statement Not Conclusive. No statements shall be conclusive as to the matters set forth therein, nor shall the filing of the same preclude the City of Tiburon fram collecting by appropriate action such sum as is deter- mined to be actually due and payable under this ordinance. Such statement and each of the several items therein contained shall be subject to audit and verification by the Tax Collector, through the City Auditor, who is hereby author- ized to examine, audit, and inspect such books and records of any licensee or applicant for license, as may be necessary in their judgment to verify or ascertain the amount of license fee due. Section 6. Information Confidential. Any information furnished or secured pursuant to this or any other Section of this ordinance shall be confidential. Any unauthorized disclosure or use of such information by any officer or em- ployee of the City of Tiburon shall constitute a misdemeanor and such officer or employee shall be subject to the penalty provisions of this ordinance, in addition to any other penalties provided by law. 8. Section 7. Duplicate LicensesQ A duplicate license certificate may be issued by the Tax Collector to replace any license previously issued hereunder which has been lost or destroyed, upon the licensee filing statement of such fact, and at the time of filing such statement, paying to the Tax Collector a fee of $1.00 for such duplicate certificate. 9. CHAPTER IV DUE DA TE FOR PAYMENT Section 1. Due Dateso Unless otherwise specifically provided. A. All annual license fees~ under the provisions of this ordinance, shall be due and payable in advance on the first day of July of each year1 B. All quarterly license fees~ under the provisions of this ordinance, shall be due and payable in advance on the first day of January~ Aprill July, and October of each year1 C. All daily flat-rate license taxes shall be payable each day in advance. Section 2. Penalties for Failure to Pay When Due. For failure to pay a license fee when due~ the Tax Collector shall add a penalty of 10% of said license fee on the last day of each month after the due date thereof~ providing that the amount of such penalty to be added shall in no event exceed 100% of the amount of the license fee due. Section 3. Extension of Ttmeo The Tax Collector may, for good cause shown, extend the time for filing any required sworn statement for a period not exceeding thirty (30) days, and in such case to waive any penalty that would otherwise have accrued. He shall be further authorized~ by consent of the Council, to compromise any claim as to amount of license fee due. Section 4. Pro-rating. Excepting in the case of a first annual or first quarterly license, the license fee to be paid for the period specified therefor shall be for the entire peri- od. In the case of a first annual or a first quarterly license, the license fee may be pro-rated for the balance of the license period. In making such pro-ration, a fractional part of a month shall be counted as a full month. 100 CHAPTER V CLAIMS AND APPEALS Section lQ Claims for Refunds. Any license fee or portion thereofl or any penalty hereafter paid more than once~ or illegallYI erroneouslYr or wrongfully paid or collected under this or any ordinance of the City of Tiburon requiring the payment of a license fee~ may be refunded# provided that a claim therefor, duly verified by the person paying such fee or penaltYr or his authorized representative,. agent, or attor- ney, shall have been filed with the City Clerk within six months after the day of payment of the amount sought to be refunded and approved by the City Clerk. Such claim shall include the name and address of the claimantr the amount and date of the payment sought to be refunded~ and the reasons or grounds upon which the claim for refund is based. Such claim may be approved and paid in the same manner as other approved claims and demands. Section 2. Appeal. Any person aggrieved by any de- cision of the Tax Collector with respect to the issuance or refusal to issue such license may appeal to the Council by filing a notice of appeal with the clerk of the Council. The Council shall thereupon fix a time and place for hearing such appeal. The Clerk of the Council shall give notice to such person of the time and place of hearing by serving it per- sonally or by depositing it in the United States Post Office at Tiburon, California~ postage prepaid,. addressed to such person at his last known address. The Council shall have authority to determine all questions raised on such appeal. No such determination shall conflict with my substantive pro- visions of this ordinance. 11. CHAPTER VI VEHICLE DELIVERY Section 1. Delivery by Vehicle. A. Wholesale: Every person not having a regular es- tablished place of business in the City of Tiburon selling at wholesale or soliciting orders for the wholesale sale of any goods, wares or merchandise of any kind or nature, who makes de- liveries in the City more frequently than twice each month, shall pay an annual license tax of Ten Dollars ($10.00) per wheeled vehicle so engaged. B. Retail: Every person not having a regularly es- tablished place of business in the City of Tiburon carrying on the business of operating any wheeled vehicle for the retail sale, or soliciting orders for retail sale or delivery, of any goods, wares, or merchandise of any nature, kind or description on a fixed route, shall pay an annual license tax of Twenty-Five Dollars ($25.00) for the first vehicle, plus Fifteen Dollars ($15.00) for such additional vehicle. C. Services by Vehicle. Every person not having a regular established place of business in the City of Tiburon carrying on the business of operating any wheeled vehicle for providing services, including Personal, Art, or Craft services of any kind or description, shall pay an annual license tax of Twenty Dollars ($20000) for the first vehicle so engaged, plus Fifteen Dollars ($15.00) for each additional vehicleo D. No fee shall be required for any vehicle used for miscellaneous or irregular delivery services by any person car- rying on any business located within the City of Tiburon for which a license fee is paid under any other provision of this ordinance, provided that said exemption shall not apply to any such business operating any vehicular order-and-sale or delivery service over fixed or regular routes. Section l(a). Every person subject to the provisions of Section 1, subsections A, B, and C above described who is operating in the City of Tiburon, shall pay the following license tax per wheeled vehicle over 10,000 pounds in gross weight: 10,000 lbs. 15,000 lbs. $30.00 15,000 lbs. 20,000 lbs. 35.00 20,000 lbs. 25,000 lbs. 40.00 25,000 lbs. 30,000 lbs. 45.00 30,000 lbs. - 35,000 lbs. 50.00 35,000 lbs. 40,000 lbs. 55000 40,000 lbs. - 45,000 lbs. 60.00 45,000 lbs. 50,000 lbs. 65.00 OVer 50,000 lbs. 70.00 Section 2. TruckS, Trucking, Draying, Hauling. For every person, firm or corporation whose business in whole or part is that of operating any truck, tractor, truck and trailer, semi- trailer, or any other motor vehicle for the purpose of trans- porting goods, wares or property for hire or reward and who in the course of such business uses the public streets and highways of the City for the purpose of such operating, the license tax for each of such vehicle shall be as follows: Under one ton, Ten Dollars ($10.00) per year. One ton, but less than two tons, Twenty Dollars ($20.00) per year. Two tons, but less than three tons, 'Twenty-Five Dollars ($25.00) per year. Three tons, but less than four tons, Thirty-Five Dollars Four tons or over, Forty-Five Dollars ($45.00) per yearo For every person, firm or corporation operating any motor vehicle for the purpose of hauling or carrying tools, equipment or supplies, or for carrying or deliver~ng goods, wares or merchandise sold, let or handled by such person, firm or cor- poration, unless the use of such vehicle shall be incidental to the operation of a business already licensed and paying busi- ness license tax under another provision of this division, the license tax for each of such vehicles shall be as provided above. In determining the weight of vehicles to be licensed, the weight provided by the Motor Vehicle Code of the State of Cali- fornia as the net, or unladen weight of the vehicle shall apply, except where the net weight is determinable from the manu- facturer's plate affixed to said vehicle. The applicant for such license, shall present when requested, the certificate of registration from the State Department of Motor Vehicles for reference. Upon the issuance of a license as prOVided in this Sec- tion, there shall be delivered to the licensee one (1) sticker or other identification for each vehicle so licensed, which said sticker or other identification shall be displayed on thw;windshield of each vehicle so licensed at all times during which it shall be operated upon the public streets and high- ways of the City. Where necessity requires the routing of substitute ve- hicles into the City, the License Collector may, at his dis- cretion, issue not more than one additional sticker. Said additional sticker shall be held by the Licensee for use in emergencies only and shall not be permanently affixed to any vehicle. In all cases the heaviest vehicle used by said Licensee for delivery within the City shall be the vehicle licensed, and in no such case shall more than one vehicle be operated within the City at anyone time by the holder of such vehicle license. For the purposes of this section a tractor and trailer shall be considered as one vehicle, each additional trailer attached thereto, or propelled thereby shall be considered as a separate unit. Each vehicle used or operated by such persons, firms or corporations for any of the purposes mentioned in this section shall be separately licensed. Any other vehicle of similar weight and character may be substituted for the vehicle so licensed provided that the st~cker issued for said original vehicle shall be displayed upon the substitute vehicle while same is operated within the City. No tax specified in this section shall be required for the operation of any motor vehicle or equipment mentioned in this section if such operating is merely occasional and in- cidental to a business conducted elsewhere~ provided, however, that no operation shall be deemed merely occasional if trips or hauls are made beginning or ending at points within this City upon an average of once a week or more in any quarter, and a business shall be deemed to be conducted within this City if an office or agency is maintained here, or if transporta- tion business is solicited here. 13. The term lI:motor vehiclell as used in this division shall be as defined in the Motor Vehicle Transportation License Tax Act of the State of California. 14. CHAPTER VII SPECIAL LICENSE PROVISIONS Section 1. Applicability and Exemptionso A. Any person managing, conducting or carrying on in the City of Tiburon any business, calling, or operation or rendering any of the services hereinafter in this Chapt~r set forth, and as hereinafter defined, shall pay the license fee set opposite the name of said business, calling, or operation in accordance with the schedule set forth herein which fees are intended to be and shall be collected for the purpose of raising revenue for said City, and for the purpose of regulating said business, calling, or operating for the protection of the public health~ morals, safety, and general welfare. B. Any person, firm, or corporation exempted from payment of license fees for any reason stated in this ordi- nance, or in the Constitution of the United States, or the Constitution of the State of California or in any applicable statutes, and classified under this Chapter, shall be subject to all other provisions of this Chapter. Section 2. Requiring Certificate of Compliance from City Manager. A. No license shall be issued covering any of the businesses, trades, callings, or occupations included in this Section until the applicant has furnished, in addition to the information required by Chapter III, Section 1 of this ordi- nance, such information as may be.required by the City Manager, or other designated official, for the purpose of submitting to the Tax Collector a reco~~endation concerning issuance of the license applied for. B. If, in the judgment of the City Manager, or other designated official, the representations made in said statement, or his investigation of the applicant, discloses that the granting of the license applied for will not be detrimental to the public peace, morals, health, safety or gen- eral welfare, he shall so report to the Tax Collector and the license shall be issued. If, however, the representations made in said state- ment or investigation of the applicant discloses that the granting of the license applied for may be detrimental to the public peace, morals, health, safety or general welfare, or that the applicant is not of good moral character or has been convicted of any violation of law involving moral turpitude, he shall recommend to the Tax Collector that said license shall not be issued unless and until a permit therefor has been granted by the City Council. The Tax Collector, in such instance, shall not issue the license~ provided, however, that, upon request of the applicant, the Tax Collector shall turn the entire matter over to the City Clerk to be handled in accordance with Section 2 of Chapter VIII, subsection Band C of the ord1nanceo 15. CHAPTER VIII SPECIAL LICENSES Section 1. Businesses and Occupations. A. Itinerant Street Vendors and Peddlerso (1) $20.00 per day for each person so engaged. Defined as - Any person, whether or not having reg- ularly established place of business for the conducting of which a license is required pursuant to other provisions of this ordinance, engaging in the business of vending, selling, or offering for sale any goods, wares, or merchandise from any portable stand within the City of Tiburon. B. Handbill Distributors. (1) $120 per annum. Defined as - Any person engaged in the business for hire or gain of distributing commercial or non-commercial hand- bills, other than newspapers, and any person receiving com- pensation directly or indirectly for the distribution of such handbills~ provided that no license fee shall be charged for the distribution of any non-commercial handbill, the principal purpose of which is to disseminate information relating to any political, economic, religious, philosophical, sociological or related subjects and not connected with any commercial enter- prise. C. Vehicular Street Advertisingo (1) $180.00 per annum per vehicle. Defined as - The business of advertising commercial enterprises of any character or for any purpose, carried on by means of any vehicle traversing the public streets. D. Ambulance Service. (1) $25.00 per year for each vehicle. E. Kleig Lights. (1) $50000 per day. F. Auctioneers. (1) $200 per annumr or, at the option of the Licensee, $25.00 per day. Defined as - Any person not having a fixed place of business in the City of Tiburon engaged in selling at auction anv real estate, goods, wares, materials, or merchandise, or any similar, kindred, or related thing, for which a license fee is not specifically required under any other section of this ordinance, providiing that no additional fee shall be re- quired of any person otherwise licensed to do business in the City of Tiburon personally carrying on an auction in the regu- lar course of his business. Section 2. License Requiring Approval of City Council. A. In addition to the requirements of Section 2 of Chapter VII hereof, any application for the licensing of business, calling or operating included in tois Section shall be 16. referred to the City Council for consideration as provided in subsections Band C hereof. B. Notice and Date of Hearing. The City Clerk shall, upon receipt of an application for a license and the report of Police investigation or other municipal investigation, set a date for a hearing on the application for permit~ not more than thirty-five (35) days from the date of filing of the application. The City.Clerk shall, in every case of application for such permit, notify the applicant in writing of the tLme and place of such hearing, which notice shall be given at least five (5) days prior thereto, unless the applicant waives such notice in writing. The notice may be given applicant by serving it personally or by depositing it in the United States Post Office at Tiburon, California, postage prepaid, addressed to the applicant at his last known address. If, in the judgment of the City Council, a public notice of the hearing on any application for permit is ad- visable, the City Clerk shall cause a notice to be posted in at least three (3) public places in the City of Tiburon, Such notice shall show the purpose or type or activity for which the permit is sought, the name and address of the applicant, and the time and place of the hearing upon his application. Whenever a public notice shall be required, the applicant shall pay to the City Clerk the sum of Five Dollars ($5.00) before such notice is given, which payment shall not be in lieu of any license fee or other tax otherwise imposed by law. C. Hearing and Action by Councilo At such hearing, any person interested shall be entitled to be heard and file objections, protests or recommendations, relative to the sub- ject matter. The City Council shall deny application for any permit if it shall appear to its satisfaction that the appli- cant is not a fit and proper person, morally or otherwise, to conduct or maintain the business establishment, place or other thing to which the application appertainsr that he has not complied with the provisions of this or any other ordi- nance of the City of Tiburon appertaining theretor that the activity for which the permit is sought is itself objection- able or detrimental to the public health, morals~ safety, or general welfarer or that it is contrary to or conflicts with any State or Federal law, or any ordinance of the City of Tiburono For the protection of the public interest, the City Council, in granting such permits, may attach such conditions as, in its judgment, the public interest may require, and in the consideration of any applica~ion for permit the City Councilor other official authorized to grant permits or certificates of compliance shall give attention to all perti- nent fact which may affect the health, morals, safety and general welfare of the public~ and shall exercise a reason- able and sound discretion, with reference to the subject mat- ter. The City Clerk shall notify the Tax Collector of the final action of the City Council and, should action con- stitute approval, the Tax Collector shall issue and deliver to 17. applicant a permit, upon receipt of the license fee applicable thereto. Section 2. D. Applicable Businesses and Fees Required under Amusement Arcades ~ool and Billard Halls -Corrunercial Amusements Ice or Roller Skating Rinks Theaters maintaining fixed place of business in the City of Tiburon Dance Halls or operation of premises where dancing is permitted and where liquor is sold Dance Halls or operation of premises where dancing is permitted and where liquor is not sold Circuses: Where seating capacity is 4,000 persons or less Circuses: Where seating capacity is more than 4,000 persons Public Card Room Defined as - any person conducting, managing, or carrying on any public card room where cards of any kind are played with cards~ exempting, however, all fraternal organi- zations, and labor unions. Carnivals, tent theaters, animal shows, temporary entertainment under tent Hospitals, sanitaria, con- valescent and nursing homes, homes of the aged, mortu- aries and funeral parlors AnL~al Hospitals, Kennels and Boarding Stables Bathhouses, Massage Parlors, etc. Watchman, Private Police and Detective agencies Junk Dealers or Collectors Rummage Sales Gross Receipts of $3,000 or less: $48.00 per annum, plus 50~ for each additional $1,000 of gross receipts. Gross receipts of $25,000 or less: $50.00 per annum, plus $1.00 for each additional $1,000 of gross receipts. $100 per annum $50.00 per annum $200 for the first day and $150 per day for each additional day. $300 for the first day and $100 per day for each additional day. $150 per quarter, plus $100 per quarter for each additional table in excess of three tables. $150 for the first day, $40 per day for each addi- tional day. Gross receipts of $5,000 or less: $24 per annum, plus 30* for each additional $1,000 of gross receipts. Gross receipts of $3,000 or less: $24 per annum, plus 50~ for each additional $1,000 of gross receiptso $50 per annum. $120 per annum or, at the option of the licensee, $40 per quartero 18. CHAPTER IX TRANSIENT SOLICITORS Section 1. Transient Solicitors, Canvassers and Peddlers. A. It is the intent and purpose of this Section to require of all transient canvassers, solicitors and peddlers a payment of a license fee as herein set forth, and in addition thereto, the information, material, deposit and referred to in this Section1 provided, however, that if by reason of being engaged in interstate commerce or if for any other reason set forth in Chapter II hereof, the applicant or licensee is ex- empt from the payment of any license fee, then such person must nevertheless provide and deliver to the City of Tiburon the information and material, together with the deposit or bond re- ferred to in this Section, if requiredo B. Application for License or Permit. Any applicant for a solicitorls, canvasser1s or peddler1s license or permit shall, in addition to the infor- mation required by Chapter III, Section 1 and Chapter VII, Section 2 of this Ordinance, deliver to the City Manager, or other designated official, whatever the case may be: ( 1 ) Two copies of a photograph, V2" x l~ II in size, taken within the past two years, showing a full front view of face and head onlY1 (2) A complete set of fingerprints on forms pro- vided by the City, of each person who may solicit, canvass, or peddle under the license or permit so requested. If any form, contract, order blank, warranty, agree- ment, or other written or printed document is to be signed by the purchaser or person receiving the property or service, the application form must be accompanied by a copy of such form, contract, order blank, warranty, agreement or other written or printed document. c. Investigation. Upon receipt of an application for a license or permit including the information and materials required by this section, the City Manager, or other designated official, shall make an investigation and report in accordance with Chapter VII, Section 2A and 2B of this Ordinance. D. Bond Required. In each case where it appears that the applicant, or any solicitor or representative of the applicant will or may demand, accept or receive payments or deposits of money or property in advance of final delivery or performance of ser- vices, the applicant shall, before receiving a license, deliver to the Tax Collector a cash deposit of One Thousand Dollars ($1,000.00), a bond to the City of Tiburon in the penal sum of One Thousand Dollars ($1,000000) issued by a surety company authorized to do business within the State of California, or a personal surety bond satisfactory to the Tax Collector. Said cash deposit or bond, as the case may be, shall remain in full force and effect and be retained for a period of ninety (90) days after the expiration of any such license or the termination of any such license or the termination of any action upon said bond or deposit of which the Tax Collector shall have been 19. notified unless sooner released by the said Tax Collector. The cash deposit or surety bond or personal surety bond referred to shall be conditioned upon and shall guarantee the following: (1) That the applicant or person licensed will deliver the goods, wares or merchandise which he may contract or agree to sell or deliver, within the time, in the manner~ and of the quality and fitness contemplated by or referred to in the contract or agreement which he may thereafter make, ne- gotiate or solicity while operating under such license or per- mit: (2) That such applicant or licensee will perfor~ the services which he or his principal shall undertake to per- form pursuant to any order, agreement or contract which may be thereafter entered into, negotiated or solicited while operating or acting under such permit or license: (3) That if such applicant or licensee shall fail to do or perform any of the things hereinabove in this Section set forth, then and in such event, said applicant or licensee will return and repay to any person who may have made any ad- vance payment or deposit upon any order or agreement, the whole of such deposit or payment within thirty (30) days after any such default and will pay therewith interest upon such deposit or payment at the rate of 10 percent per annum from the date of receipt of the deposit or payment until the date of refund, and will pay therewith all reasonable costs, attorney's fees and other expense which may have been incurred or suffered by the person who may have made such payment or deposit1 (4) That such applicant, licensee and bondsman has made such cash deposit or such bond within the City of Tiburon and assumed all of the obligations thereof within said City, and has agreed to and does thereby agree to be sued thereon in the Municipal Court of the Central Judicial District of the County of Marin, State of California~ or in the Superior Court of the State of California, in and for the County of Marin, and will accept and aCknowledge the jurisdiction of such court and waive all rights to change of venue1 (5) That said bond shall be construed as and shall be a third party beneficiary bond or deposit and that any and all persons with whom any agreement or contract may thereafter be made or from whom any order may be received, or from whom any advantage payment or deposit may be received, may rely thereon, be deemed a beneficiary thereof and may sue said appli- cant or licensee and bondsman in the courts last above-mentioned and may be heard and such suit may be tried therein. E. Issuance of License and Identification Card. Upon approval of the application for license by the City Manager or the City Council, as the case may be, and upon receipt of the fee required, if any, the Tax Collector shall issue a business license to the applicant, and individual iden- tification cards to all persons who shall actually solicit for or on behalf of the applicant, whether as principal or other- wise. Such identification card shall have affixed to it the picture, fingerprint, general description, and signature of the individual to whom issued, and shall contain reference to the issuance and expiration of the licenseo Said identification card is not transferable and must be kept upon the person of the 20. individual to whom issued at all times while he is engaged in the business so licensed in the City of Tiburon. F. Businesses Liable under this Section. Transient canvassers, solicitors and peddlers are defined as and shall be construed to be any person or per- sons not operating from or connected with a fixed place of business within the City of Tiburon and not having or posses- sing any current business within the City of Tiburon and not having or possessing any current business license issued under any other provision of this ordinance, and who shall be engaged in the business of going from house to house or from person to person in residential areas of the City of Tiburon, and along the public streets or public places of said City soliciting business of any kind or character or negotiating contracts or orders or displaying goods, wares or merchandise or advertising material or brochures for the purpose of obtaining orders or contracts for the purchase or delivery of goods, wares or mer- chandise or the performance of services, including selling or taking orders for or offering to sell or offering to take or- ders for materials, photographs, periodicals, commodities, goods, wares, demonstrators or merchandise or other things of value for future delivery or for services to be performed immediately or in the future. 21. CHAPTER X ENFORCEMENT Section 1. All licenses must be kept and posted in the following manner: A. Any licensee transacting and carrying on business at a fixed place of business in the City of Tiburon shall keep a license posted in a conspicuous place upon the premises where such business is carried on. B. Any licensee transacting and carrying on busi- ness but not operating a fixed place of business in the City of Tiburon shall keep the license upon his person at all times while transacting and carrying on such business. C. Every person driving, operating or having control of any vehicle or other means of instrumentality for which a license is required under the provisions of this ordi- nance, shall have the license issued for the particular vehicle, means or instrumentality firmly fixed thereto in a place readily accessible and so located on the vehicle, means, or instrumentality that the same is plainly visible at all times. Section 2. Enforcement. It shall be the duty of the Tax Collector, and he is hereby directed to enforce each and all of the provisions of this ordinance, and the Chief of Police or other designated official shall render such assist- ance in the enforcement hereof as may from time to time be required by the Tax Collector or the City Council. The Tax Collector in the exercise of the duties imposed upon him hereunder, and acting through his deputies or duly authorized assistants, shall examine or cause to be examined all places of business in the City of Tiburon to ascertain whether the provisions of this ordinance have been complied with. The Tax Collector and each and all of his assistants and any police officer shall have the power and authority to enter, free of charge, and at any reasonable time, any place of business required to be licensed herein, and demand an exhibition of its license certificate. Any person having such license certificate theretofore issued, in his possession or under his control, who wilfully fails to exhibit the same on demand, shall be guilty of a misdemeanor and subject to the penalties provided for by the provisions of this ordinance. It shall be the duty of the Tax Collector and each of his assistants to cause a complaint to be filed against any and all persons found to be violating any of said provisions. No license issued under the provisions of this ordi- nance shall be contrued as authorizing the conduct or con- tinuance of any illegal or unlawful business. Section 3. Penalty for Violation. Any person violating any of the provisions of this ordinance or knowingly or in- tentionally misrepresenting to any officer or employee of this City any material fact in procuring a license or permit herein provided for shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the 22. County Jail for a period of not more than six (6) months, or by both such fine and imprisonment. Section 4. Remedies Cumulative. All remedies prescribed hereunder shall be cumulative and the use of one or more reme- dies by the City of Tiburon shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof~ Section 5. Severability. If any section, subsection, sentence, clause, phrase or portion of thi3 ordinance is for any reason held to be invalid or unconstitutional by the de- cision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Tiburon hereby de- clares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion there- of, irrespective of the fact that anyone or more sections, subsections, clauses, phrases, or portions be declared invalid or unconstitutional. 23. CHAPTER XI GROSS BUSIN~SS LICENS~S Section 1. Gross Business Licenses. Every person, firm or corporation engaged in the business of selling at retail or at wholesale tangible personal property of any kind whatsoever and/or furnishing any service or services in the City not otherwise specifically taxed or licensed by other provisions of this division, and having a regularly established or fixed place of business in said City, shall between the 30th day of June and the first day of August of each year, file with the License Collector a statement showing, with deductions as per- mitted hereinbefore, the gross sales bracket, as hereinafter set forth, within which the gross sales of each of such busi- nesses during the last preceding twelve months prior to said date last above mentioned shall fall. If the business be owned, conducted, or carried on, by a firm or co-partnership, such statement must be signed and filed by one of the members or partners. If the business be owned, conducted, or carried on, by a corporation, such statement must be signed and filed by its president, vice-president, secretary, assistant secretary, treasurer, assistant-treasurer, chief accounting office~L or managing agent. The City Collector, or any City Collector, D~puty may, in all cases, examine the books and accounts of any per- ' son, firm, or corporation, required to file such statement, for the purpose of verifying the same or for the purpose of determining the amount of gross receipts of such person, firm, or corporation. All statements filed pursuant to the pro- visions of this section shall be confidential and shall not be subject to public inspection. It shall be.the duty of the City Collector to so preserve and keep said statements that the con- tents thereof may not become known except to the person charged by law with the administration of this division, and except when it is necessary to divulge such information for the pur- pose of enforcing the provisions of this division. Any person, firm, or corporation, who wilfully files a false statement of gross receipts shall be guilty of a misdemeanor and punishable as hereinafter in this division provided. In the case of busi- ness rendering services, the gross revenue from services rendered shall be considered the equivalent of gross sales. In the case of businesses making sales and rendering services, the gross revenue from both sales and services shall be con- sidered the equivalent of gross sales. Thereupon the License Collector shall issue and deliver to said person, firm, or cor- poration a business license as provided elsewhere in this di- vision and collect fees for one year commencing on said date above mentioned, in accordance with the following scale: When the Gross Sales for the twelve months immediately preceding the filing of the Application for Business License shall amount to ~,OOO.OO or less, the tax shall be $10.00 per year. OVer $12,000.00 and not over $24,000.00, the tax shall be $14.00 per year. Over $24,000.00 and not over $36,000.00, the tax shall be $18.00 per year. OVer $36,000.00 and not over $48,000.00, the tax shall be $22.00 per year. 24. OVer $48,000.00 and not over $60,000000, the tax s ha 11 be $26.00 per year. OVer $60,000.00 and not over $72,000.00, the tax shall be $30.00 per year. OVer $72,000.00 and not over $84,000.00, the tax shall be $34.00 per year. Over $84,000.00 and not over $96,000.00, the tax s ha 11 be $38.00 per year. OVer $96,000.00 and not over $108,000.00, the tax shall be $42.00 per year. Over $108,000.00 and not over $120,000.00, the tax shall be $46.00 per year. OVer $120,000.00 and not over $132,000.00, the tax shall be $50.00 per year. Over $132,000.00 and not over $144,000.00, the tax shall be $54.00 per year. OVer $144,000.00 and not over $156,000.00, the tax shall be $58.00 per year. OVer $156,000.00 and not over $168,000.00, the tax s ha 11 be $62.00 per year. OVer $168,000.00 and not over $180,000.00, the tax s ha 11 be $66.00 per year. OVer $180,000.00 and not over $192,000.00, the tax s ha 11 be $70.00 per year. OVer $192,000.00 and not over $204,.000.00, the tax shall be $74.00 per year. OVer $204,000000 and not over $216,000.00, the tax s ha 11 be $78.00 per year. OVer $216,000.00 and not over $228,000.00, the tax shall be $82.00 per year. Over $228,000.00 and not over $240,000.00, the tax s ha 11 be $86.00 per year. Over $240,000.00 and not over $252,000.00, the tax s ha 11 be $90.00 per year. Over $252,000.00 and not over $264,000.00, the tax s ha 11 be $94.00 per year. OVer $264,000.00 and not over $276,000.00, the tax shall be $98.00 per year. OVer $276,000.00 and not over $288,000.00, the tax shall be $102.00 per year. OVer $288,000.00 and not over $300,000.00, the tax shall be $106.00 per year. 25. OVer $300,000.00 and not over $600,000.00, the tax shall be $3.00 for each $12,000.00. OVer $600,000.00, the tax shall be $2.00 for each $12,000.00. 26. CHAPTER XII PROFESSIONS Section 1. Professions. For every person carrying on the business of or practicing a profession listed in this section, the license tax shall be the sum of $50.00 per year. The license tax provided for in this section shall be paid by every person engaged in the following profession, busi- ness or occupation, to wit: Accountants Architects Attorneys-at-law Auditors Bacteriologis ts Chemis ts Chiropodists Chiropractors Engineers - Civil, Mechanical, Electrical, Electronic or Structural Doctors - Medical or Dental Oculists Opticians Optometrists Osteopaths Naturopaths Surgeons Veterinarians and every person carrying on or engaged in the business of treating, curing, administering or giving treatment to the sick, wounded, infirm or mentally distrubted persons by any method, or pursuant to any doctrine or system, and whether medicine is used or prescribed or not, and where a fee or compensation is received or charged, or donations made therefor. 27 . CHAPTER XIII BROKERS Section 1. Brokers - Real Estate~ Stock, Bond, Securit~es, Pawn, Yacht, Collection Agencies. For every person, firm Or corporation engaged in the business of selling, offering to sell, exchange, mortgage or lease real estate on commission or for compensation the license tax shall be the sum of $50.00 per year. For every person, firm or corporation engaged in the business of selling, of- fering to sell or exchange any stocks, bonQs or other secu- rities the license tax shall be the sum of $50.00 per year. In addition to the license tax provided in the above section, each real estate and/or stock, bond or secur- ities broker shall pay the sum of $10.00 per year for each licensed salesman employed by such person, firm or corpora- tion. For every person, firm or corporation, operating the business of loan agent or broker, or any pawn broker, the license tax shall be the sum of $50.00 per year, and provided further that no license shall be issued to any pawn broker until the application has been filed with the License Collector of said city and the applicant shall have been investigated and approved by the City Manager or other designated official of said city. For every person, firm or corpmation engaged in the business of operating a collection agency the license tax shall be the sum of $50.00 per year. For every person, firm or corp0ration engaged in the business of appraising real estate or other real property on commission or for compensation the license tax shall be the sum of $50.00 per year. . For every person, firm or corporation engaged in bus~ness as a yacht broker, the license shall be the sum of $50.00 per year; and in addition to the license tax, each yacht broker shall pay $10.00 per year for each salesman em- ployed by such person, firm or corporation. 28. ~PTmXN CLEANING, ETC. - NO FIXED PLACE OF BUSINESS Section 1. Cleaning, Dyeing, Renovating, Laundry Having No F~xed Place of Business in City. For every per- son, firm or corporation engaged in operating, managing or conducting, as owner, manager or agent, the business of cleaning, dyeing, renovating or laundering clothes and/or wearing apparel or household furnishings, and having no re- gularly established place of business in the city, the li- cense tax shall be the sum of $50.00 per year. 29. CHAPTER Arv VENDING I~~CHINES Section 1. Vending Machines, Service Machines, Amusement Machines, Music Machines (a) For every person, firm or corporation en- gaged in the business of maintaining or operating any ma- chine or machines for the vending of goods, wares, or mer- chandise, or for the rendering of any service or information, into any of which machines money or tokens of value are de- posited or paid for the operation thereof, the license tax shall be the sum of $25.00 per year. (b) For every person, firm or corporation owning and maintaining or operating any machine or machines mentioned in sub-section (a) herein, upon or within premises which are already licensed by the city to said owner, and which machine or machines are merely incidental to the operation of such licensed business, the license tax shall be the SQm of $5.00 per year. (c) For every person, firm or corporation en- gaged in the business of maintaining or operating any ma- chine or machines for the purpose of amusement or the demon- stration of skill, or any combination amusement and vending machine, into any of which machines money or any token of value must be deposited to operate said machine or machines, the license tax shall be the sum of $100.00 per machine per year. (d) For every person, firm or corporation en- gaged in the business of maintaining or operating any ma- chine or device for producing music into which machine or machines money or tokens of value are deposited or paid for the operation thereof, the license tax shall be the sum of $100.00 per machine per year. (e) For every person, firm or corporation en- gaged in the business of maintaining or operating any ma- chine or device for producing music, into which machine or machines money or tokens of value are deposited or paid for the operation thereof, and which machine or machines are situated upon or contained within or upon premises wherein or whereon alcoholic beverages are sold and served to the public, the license tax shall be the surn of $100.00 per machine per year. (f) For every person, firm or corporation en- gaged in the business of maintaining or operating any self- service machine or device, such as laundry and/or dry cleaning machines, into which machine or machines money or tokens of value are deposited or paid for the operation thereof, the license tax shall be the sum of $5000 per machine per year. (g) No person, firm or corporation having an es- tablished place of business and paying a license tax based on gross sales or receipts from such business and who main- tains or operates any vending machine or machines owned by said person, firm or coporation shall be required to pay a separate license for such machine or machines, but shall in- 30. clude the sales or receipts therefrom in their gross receipts. (h) No person, firm or corporation shall be re- quired to pay a licnese tax on any machine used for the vending of matches or United States postage stamps, or the placing of telephone calls, or where the value of the mer- chandise vended, or service rendered shall be less then four cents. 31. CHAPTm XVI GARAGE Section 1. Garage (Public or Storage). For ever~ person, t~rm or corporation conducting managing or carry~ng on the business of a public garage, storage garage or public parking installation, the license tax for each of said busi- nesses or occupations shall be the sum of $50.00 per year. 32. CHAPTER XVII HOTELS, ETC. Section 1. Hotels, Motels and Auto Courts. Every per- son transacting, carrying on or engaged in the operation of a hotel, motel or auto court shall pay an annual license fee of $15.00 per rental unit. Section 2. Apartments. Every person engaged in the operation of an apartment shall pay an annual license fee of $10.00 per rental unit. Section 3. Unclassified. For any person, firm or corporation conducting or carrying on any business, trade, pro- fession, calling or occupation not particularly specified herein or embraced within the provisions of any other section of this division, the license tax shall be the sum of $25.00 per year. 33. CHAPTER XVIII EFFECTIVE DATE This Ordinance shall go into effect immediately upon its adoption as an ordinance necessary for the immediate pre- servation of the public peace, health# and safety. The facts constituting the urgency and requiring that this Orainance become effective immediately# which matters are hereby found as a fact by this Council, are as follows: The City has only recently been incorporated and it is necessary that the City make immediate provision to provide revenue needed to efficiently operate the City. The City is urgently in need of such revenue to properly carry out its obligations to the Citizens of Tiburon and this Ordinance is required for the ~ediate pres$rvation of the public peace# safety# general welfare and Qonvenience of the City of Tiburon and its residentso This Ordinance shall be posted in three public places within the City of Tiburon as previously designated by Council Resolution. PASSED AND ADOPTED at a meeting of the City Council of the City of Tiburon on the 14th day of December, 1964, by the following vote: AYES: Councilmen: Ellinwood, Hannahs, Hoffmlre, Souza, Strawbridge. NOES: Counc i lmen : None ABSENT: Councilmen: None ~11~ W. GORDON W. STRAWBRI Mayor of the Ci~y of Ti ~: ,)( ) (, /P/~~ ~~~ ~--LAWRENCE D. ROSE, City Clerk 34Q