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HomeMy WebLinkAboutTC Ord 1965-12-13 ORDINANCE NO. 4G AN ORDINANCE OF THE CITY OF TIBURON LICENSING THE TRANSACTION AND CARRYING ON OF CERTAIN BUSINESSES, TRADES, PROFESSIONS, CALLINGS, AND OCCUPATIONS IN THE CITY OF TIBURON FOR THE PURPOSE OF RAISING MUNICIPAL REVENUE, PROVIDING A PENALTY FOR THE VIOLATION THEREOF, AND PROVIDING FOR THE REPEAL OF ORDINANCE NO. 27 The City Council of thB City of Tiburon does hereby ordain as fol lows: CHAPTER I STATE~1ENT AND PURPOSE OF ORDINANCE Section I. There are hereby imposed upon the businesses, trades, professions, cal I ings and occupations specified in this ordinance I icense taxes in the amounts hereinafter prescribed. It shal I be unlawful for any person to transact and carryon any business, trade, profession, cal I ing, 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 al I applicable provisions of this ordinance. This ordinance shal I not be construed to require any person to obtain a I icense prior to doing business within the City if such requirement confl icts with the Constitution of the United States or of the State of Cal ifornia, or any appl icable statutes. Persons not required to obtain a I icense prior to doing business within the City because of conflict with the Constitution of the United States or of the State of Cal ifornia or any applicable statutes, shal I not be I iable for the payment of the tax imposed by this ordinance. A s~parate license must be obtained for each branch establ ishment 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 I icensed under the main or primary business at that location, and the combined gross receipts reported for I icense purposes. Section 2. This ordinance is enacted primarily to raise revenue for municipal purposes, and is not intended for regulation; except as provided in Chapter VII I of this ordinance. Section 3.. Persons required to pay a license tax for transacting and carrying on any business under this ordinance shal I not be rei ieved from the payment of any fees for the privilege of carrying on any similar or related activity required under any other ordinance of the City of Tiburon, and shal I remain subject to the regulatory provisions of other ordinances. Section 4. Neither the adoption of this ordinance nor its supersedure of any portion of any other ordinance of the City of Tiburon shal I in any manner be construed to affect prosecution for violation of any other ordinance committed prior to the effective date hereofj nor be construed as a waiver of any I icense or any penal provision appl icable to any such violationj nor be construed to affect the val idity of any bond or cash deposit required by any ordinance to be posted, filed, or deposited, and al I rights and obligations thereunto appertaining shal I continue in fur I force and effect. ' Section 5. The amount of any I icense tax and penalty imposed by the provIsions of this ordinance shal I be deemed a debt to the City of Tiburon. An action may be commonced in the name of said City in any court of competent jurisdiction, for the amount of any delinquent I icense tax and penalties. CHAPTER II DEFINITIONS For the purpose of this ordinance, certain terms used herein are defined as fol lows: words used in the present tense shal I include the future tensej words in the plural number shal I include the singular numberj and words in the singular shal I include the plural number. 1//8/65 -1- I. Person, as used in this ordinance, includes al I domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kindp clubsp 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. 2. Gross Receipts, as used in this ordinance, shal I include tho total amount of the sales price of al I sales and the total amount charged or received for the performance of any act or sorvice, of whatever nature it may be, for which a charge is made or credit al lowed, whether or not such act or service is done as a part of or in connection with the sale of materials, goods, wares or merchandisL. Gross receipts, as used herein, shal I mean the gross receipts of the year preceding the beginning of the annual license period. Included in gross receipts shal I be ai' receipts, cash, credits, and property of every kind or nature, without any deduction therefrom on account of the cost of the property sold, the cost of the materials used, labor or services, costs, interest paid or payable, or losses or other expenses whatsoever. Excluded from gross recoipts shal I be cash discounts al lowed and taken on sales; credit al lowed on property accepted as part of the purchase price and which property may later be sold, any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser; such part of the sale price returned by purchasers upon recission of the contract of sale as is refunded either in cash or by credit; 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 collected; that portion of the receipts of a general contractor which represents payments to subcontractors, provided that such subcontractors are I icensed under this ordinance, and provided the general contractor furnishes the City Clerk with the names and addresses of 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 I icense tax paid to any other city. 3. Branch Establishment, as used in this ordinance, shal I 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 shal I not be deemed to be separate places of business or branch establ ishments. 4. Business, as used in this ordinance, includes professions, trades and occupations, and al I and every kind of cal I ing whether or not carried on for profit. 5. Retail ing. The business of offering for sale or sel I ing to the publ ic at retail any materials, commodities, goods, wares or merchandise. 6. Wholesale and Jobbing. The business of offering for sale or sel I ing at wholesale or as a jobber any materials, commodities, wares or merchandise. 7. Manufacturing. AI I places of business, the principal function of which is the manufacturing, making or developing of any machines, device, article, thing, commodity, goods, wares, merchandise, products,equipment, material or substance for sale or distribution to the publ ic, either at wholesale or retai I. 8. Bui Iding, Contracting, and Subcontracting. The business carried on as a contractor by any person,engaged in building, lathing, acoustical installation, plastering, pavingl cement and concrete work, painting, decorating, paperhanging, metal work, heating and venti lating, house and bui Iding moving and wrecking, electrical work, plumbing, structural work, wel J-dri I I ing, pest control, awning work, burglar alarm installation, etc. 9. Professional Services. Any professional services, as that term is ordinarily and commonly used and understood~ 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 shal I include, but not be I imited to, the services rendered by any person engaged in the practice or profossion of law, medicine, surgery, dentistry, optometry, chiropractics, osteopathy, chiropody, veterinary, real estate agent, real estate broker, stock and bond agent or broker, telephone message service, civi I, mechanical, electrical, industrial or other class of engineer, architect, draftsman, designer, landscape artist, accountant, income tax consultant, teacher of dancing, music, elocution, dramatic art, all teachers of the arts and sciences, and similar enterprises or occupations; provided, however, that the provisions of this ordinance shal I not apply to teachers and other employees of regularly establ ished publ ic or private schools operating within the City of Tiburon. I ,_o_~~ 10. Personal Services. Any personal service, as that term Is ordinari!y and commonly used and understood, rendered by any person offering to the publ ic personal services for compensation, and not specifically covered under any other part, chapter, or section of this ordinance, and shal I include, but not be I imited to, barbers, beauticians, cosmeticians (manicurists, hairdressers, etc.), bootblacks, checkroom operators, and any person engaged in rendering any servico to the person, or personal services simi lar, kindred or related to any of those hereinaoove enumerated, and for which a I icense fee is not specifically required under any other part, chapter or section of this ordinance. I I. Arts and Crafts~ the service rendered individually, other than as a contractor, for compensation by artisans, artists, bricklayers, brickmasons, carpenters, dressmakers, electricians, engravers, gardeners, sign painters, mechanics, metal workers, painters, plumbers, printers, sculptors, tai lors, woodworkers, etc. 12. Gross Profit, as used in this ordinance, shal I be defined as the excess of gross receipts over the expenditures directly involved in production or purchase of the commodity sold, including the adjustment for opening and closing inventory. 13. Fiscal Year, as used in this ordinance, shal I mean the period from July I of one year through June 30 of the fol lowing year. CHAPTER II I EXEMPTIONS Section I. Mandatory Exemptions. Nothing in this ordinance shal I be deemed or construed to appJy to any person transacting and carrying on any business exempt by virtue of the Constitution or applicable statutes of the United States or of the State of Cal ifornia from the payment to municipal corporations of such fees as herein prescribed. None of the license taxes provided for by this ordinance shal I be so appl ied as to occasion an undue burden upon interstate commerce. Section 2. Charitable Organizations. The provisions of this ordinance shal I not be deemed or construed to requiro the payment of a 'icense fee to conduct, manage, or carryon any business, occupation or activity, from any institution or organization which is conducted, managed, or carried on wholly for the benefit of charitable purposes and from which profit is not derived, either directly or indirectly, by any individual, firm or corporation. Nothing in this section contained shal I 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 certifi- cate of compl iance from any officer to conduct, manage, or carryon any profession, trade, cal ling, or occupation in this ordinance specified. Section 3. Veterans. Every person honorably discharged from any of the armed forces of the United States and physically unable to earn his I ivel ihood by manual labor, shall not 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' icense fee required under this ordinance, provided that the appl icant files with the City Clerk proof of his right to said exemption as set forth In Section 8 of this Chapter. The exemption provided in this section is personal to the veteran exempted from the payment of a I icense fee and shal I not apply to a distributing or other business other than house-to-house or place-to-place hawking, peddl ing, or vending materials, goods, wares, or merchandise or sol ;citing orders therefor by such veteran personally. No I icense issued hereunder shal I be assigned or tranSferred, and no person except the person named in said license cortificate shal I be permitted to carryon the bUSiness authorized hereunder. Section 4. Public Util ities. The provisions of this ordinance shal I not be deemed or construed to require the payment of any license fee by any publ ic uti I ity which pays to the City of Tiburon a tax under a franchise or simi tar agreement. 11-8-65 -3- Section 5. Publ ication or Sale of Newspapers. Tho prov!slons of this ordinance shal I not apply to the publication or sale of newspapers regularly issued, at average intervals not exceeding threG (3) months. This exemption does not apr1y to receipts from job printing. Section 6. Insurance Agents and Insurance Companies. In accordance with Article XI I I, Section 14-4/5, subdivision (f) of the California Constitution, this ordinance shal I not apply to insurance companies or insuranco agents. Section 7. Isolatod or Occasional Transactions. The provisions of this ordinance shal I not apply to persons, firms or corporations having no fixed place of business within the City of Tiburon and who shal I como into the said City for the purpose of transacting a specific item of business, upon the request of a prospective patient, cl ient, or customer; provided, however, that this exemption shal I not apply if the same person, firm or corporation shal I come into the City of Tiburon for the purpose of transacting business therein or who shal I transact business therein three or more times during any calendar year. Section 8. Claim for Exemption. A. Any person claiming an exemption under this chapter, in addition to the information required in Section I of Chapter IV, shal' fi Ie also a verified statement with the City Clerk stating the facts upon which exemption is claimed. B. Any person claiming an exemption pursuant to Section 3 of this chapter in particular shal I include with the information required by Subsection A above, the fol lowing information: (a) A certificate of honorable discharge from any of the armed forces of the United States, or a certified or exempl ified copy thereof; (b) A certificate of dlsabi I ity 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 appl icant taken within three years prior to date of appl ication, one of which shal I be attached to the I icense certificate, if the same is issued, and the other to be retained by the City Clerk. C. The City Clerk may revoke any I icense granted pursuant to the provisions of this Section 8, upon information that the I icensee is not entitled to the exemption claimed. CHAPTER IV APPLICATION PROCEDURE Section I. Appl ication. Every person required to have a I icense under the provisions of this ordinance shall make appl ication for the same to the City Clerk of the City of Tiburon, on the form provided, giving the fo! lowing information: (I) The name of the person applying for license. (2) The name of the business to be licensed. (3) The place where such business is to be transacted and carried on. (4) Statement of gross receipts, as required in Section 2 hereof. (5) Such other information as may be required by the City Clerk. Section 2. Licenses Based on Gross Receipts. Every person, firm or corporation engaged in the business of sel ling 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 I icensed by other provisions of this division, and having a regularly establ ished or fixed place of business in said city, shal I between the 30th day of June and the first day of August of each year, ti Ie with the City Clerk a statement showing, with jeductions as permitted hereinbefore, the gross sales bracket, as hereinafter set forth, within which the gross sales of each of such businesses during the first preceding twelve months prior to said date last above mentioned shal I fal I. If the business be owned, conducted, or carried on, by a firm or co-partnership, such statement must be signed and fi led 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 fi led by its president, vice- president, secretary, assistant secretary, treasurer, assistant-treasurer, chief accounting 11-8-65 -4- officer, or managing agent. The City Clerk, or any deputy City Clerk,may, in al I cases, examine the books and accounts of any person,firm or corporation, required to fi Ie such statment, for the purpose of verifying the same or for the purpose of determining the amount of gross roceipts of such person, firm or corporation. Al I statements fi led pursuant to the provisions of this sectionshal I be confidential and shal' not bo subject to publ ic inspection. It shal I be the duty of the City Clerk to so preserve and keep said statements that the contents 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 divulgo such information for tho purpose of enforcing the provisions of this division. Any person, firm or corporation, who wi Iful I~ fi les a false statement of gross receipts shal I be guilty of a misdemeanor and punishabte as hereinafter in this division provided. In the case of businesses rendering services, the gross revenue from services rendered shal I be considered the equivalent of gross sales. !n the case of businesses making sales and rendering services, the gross revenue from both sales and services shal I be considered the equivalent of gross sales. Thereupon the City Clerk shal I issue and deliver to said person, firm or corporaticn a business license as provided elsewhere in this division and col tect fees for one year ~ommencing on said date above mentioned. Provided, further, that if at the time of fil ing application for a business license, or applying for ren~wal of an existing license, the appl icant is unable to produce record of the amount of the sales and/or services for the business for which appl ication is made for the twelve months immediately preceding the date of such appl ication, such person, firm or corporation shal I pay a business I icense deposit of $100.00. At the end of one year from and after the ~ayment of the initial license tax deposit the City Clerk shal I notify the depositor of the expiration of such period and the depositor shal I fi Ie with the City Clerk a statement showing the gross sales of the business for the period covered by the deposit. The I icense tax due, plus a pro-rated amount to extend the I icense to the 30th day of Ju1e next fol lowing, shal I be deducted from tho deposit and the balance refunded to the d~positor. If it is found that the correct tax, plus the pro-rated amount, is more then the amount of the deposit, the additional amount shal I be collected. In the even- no response is received from the depositor within thirty (30) days from the date of such notification, the City Clerk shal I send to the depositor another notice, using r~gistered mai I. If no resronse is received within a period of thirty (30) days from tremail ing of such registered notice the City Clerk shal I then estimate the amount of the tax due the City and deduct this amount from the business I icense deposit, the remaincer of the deposit to remain in the deposit fund for a period of six (6) months. If at the expiration of said six (6) months no response from the depositor shal I have been had the1 the remainder of the deposit shal I revert to and become the rroperty of the City 0: Tiburon, and the City Counci I shal I by resolution authorize 1he transfer of said re~ainder from the Deposit Fund to the Genoral Fund. Section 3. Failure to Fi Ie Statement. If an~ person fai Is to file any required statement within the time prescribed, or if after demard therefor made by the City Clork, he fai Is to file a corrected statement, the Tax Col lecT~r may det8rmine the amoun"r vf I icense tax due from such person by means of such inforrration as he may be able to oulain. If such determination is made, the City Clerk shel I give a notice of the amount so assessed by serving it personally or by depositIng it in the United States Post Office at Tiburon? Cal ifornia, postage prepaid, addressed to the person so assessed at his last known address. Section 4. Statement Not Conclusive. No statements shal I be conclusive as to the matters set forth therein, nor shat I the fi I ing of tne same preclude the City of TiDuron from collecting by appropriate action such sum a$ is determined to be actually due and payable under this ordinance. Such statement and each of the several items therein contained shal I be subject to audit and verification by the City Clerk, who is hereby authorizod to examine, audit, and inspect such books and records of any I icensee or appl icant for I icense, as may be nocessary in their judgment to verify or ascertain the amount of I icense fee duo. Section 5. Information Confidential. Any information furnished or secured pursuant to this or any other Section of this ordinance shat I be confidential. Any unauthorized disclosure or use of such information by any officor or employee of the City of Tiburon shal I constituto a misdemeanor and such officer or employee shal I be subject to the penalty provisions of this ordinance, in addition to any other penaltios provided by law. 11-8-65 -5- Section 6. Dupl icate Licenses. A dupl icate I icense certificate may bo issued by the Tax Col lector to replace any I icense previously issued hereunder which has been lost or destroyed, upon the licensee fi I ing statement of such fact, and at the time of fi I ing such statement, paying to the City Clerk a fee of $1.00 for such dupl icate certificate. CHAPTER V DUE DATE FOR PAYMENT Section I. Due Dates. Unless otherwise specificsl Iy provided: A. AI I annual I icense taxes measured by gross receipts or by flat fee shal I be due and payable in advance on July I of oach year, unless otherwise provided in Paragraph B hereunder. B. In the case of a first annual I icense, the I icense tax may be pro-rated at the rate of one-twelfth of the tax for each month, or fraction thereof, romaining in the fiscal year in which appl ication for such license is made. C. AI I dai Iy flat-rate I icense taxes shal I be due and payable each day, 24 hours in advance. Section 2. Penalties for Fai lure to Pay When Due. For failure to pay a I icense fee when due, the City Clerk shal I add a penalty of 10% of said I icense fee on the last day of each month after the due date thereof, providing that the amount of such penalty to be added shal I in no event exceed 100% of the amount of the I icense fee due. Section 3. Extension of Time. The City Clerk may, for good cause shown, extend the time for fit ing any required sworn statementfor a period not exceeding thirty (30) days, and in such case to waivo any penalty that would otherwise have accrued. He shal I be further authorized, by consent of the Counci I, to compromise any claim as to amount of I icense fee due. CHAPTER VI CLAIMS AND APPEALS Section I. Claims for Refunds. Any I icense fee or portion thereof, or any penalty hereafter paid more than once, or i I legally, erroneously, or wrongfully raid or collected under this or any ordinance of the City of Tiburon requiring the payment of a 'icense fee, may be refunded, provided that a claim therefor, duly verified by the person paying such fee or penalty or his authorized representative, agent, or attorney, shal I have been fi led with the City Clerk within six (6) months after the day of payment of the amount sought to be refunded, and approved by the City Clerk. Such claim shal I include the name and address of the claimant, 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 decision of the City Clerk with respect to the issuance-or-refusal to issue such I icense may apreal to the Counci I by fil ing a written notice of appeal with the Clerk of the Counci I, within thirty (30) days after the said decision. Such notice shal I set forth in detai I the action and the grounds by and upon which the person deems himself aggrieved. The Counci I shal I thereupon fix a time and place for hearing such appeal. The Clerk of tho Counci I shal I give notice to such person of the time and place of hearing by serving it personally or by depositing it in the United States Post Office at Tiburon, Cal ifornia, postage prepaid, addressed to such person at his last known address. The Counci I shal I have authority to determine al I questions raised on such appeal. ~ 11-8-65 -6- CHAPTER V I I CLASSIFICATIONS AND-FEES REQUIRED Section I. Gross Business Licenses. Every person who engages in the business of sel I ing at retal I or wholesale tangible personal property of any kind whatsoever and/or furnishes any service or services, and not otherwise specifically taxed or I icensed under the provisions of Chapter VI I I of this ordinance, and has a regularly establ ished or fixed place of business in the City, shal I pay a I icense tax on gross receipts in accordance with the fol lowing scale: Annual Gross Receipts License Tax $ I - 12,000 12,000 - 24,000 24,000 - 36,000 36,000 - 48,000 48,000 - 60,000 60,000 - 72,000 72,000 - 84,000 84,000 - 96,000 96,000 - 108,000 108,000 - 120,000 120,000 - 132,000 132,000 - 144,000 144,000 - 156,000 156,000 - 168,000 168,000 - 180,000 180,000 - 192,000 192,000 - 204,000 204,000 - 216,000 216,000 - 228,000 228,000 - 240,000 240,000 - 252,000 252,000 - 264,000 264,000 - 276,000 276,000 - 288,000 288,000 - 300,000 300,000 - 600,000 Over 600,000 - for each $12,000 $ 10 14 18 22 26 30 34 38 42 46 50 54 58 62 66 70 74 78 82 86 90 94 98 102 106 110 2 Section 2. Flat Rate License Fees: Every person transacting and carrying on the businesses herein enumerated shal I pay an annual I icense tax as fol lows: Automobile tra i I er courts $25.00 per year, plus $2.00 for each 600 sq. ft. of rental space. $50.00 per year. $50.00 per year. $20.00 per year. $50.00 per yea r . $15.00 per rental unit. $10.00 por rental unit. Automobile parking lots Automobile and machine wrecking yards Christmas trees, decorations and miscellaneous Christmas merchandise other than in connection with another business I icensed under this ordinance Garage (publ ic or storage) Hotels, motels, auto courts Apartments, rooming houses Professions (accountants, architects, attorneys at law, auditors, bacteriologists, chemists, chiropodists, chiropractors, engineers - civil, mechanical, electrical or structural, doctors -medIcal Jr dental, ocul ists, opticians, optometrists, osteopaths, naturopaths, surgeons, veterinarians, and every person carrying on or engaged in the business of treating, curing, administ- ering or giving treatment to the sick, wounded, infirm or mentally disturbed 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) $50.00 per year. -7- I '-8-65 Col loction agency $50.00 rer year Real estate appraisal $50.00 per year. Real estate brokers (on commission or othOi compensation), stock brokers, includin9 bonds and other securities, yacht brokers $50.00 per year, r1us $5.00 per year for each I icensed salesman emrloyed. Section 3. Del ivery by Vehicle. A. Every person not having a regularly established place of business in the City of Tiburon whose business is retai I ing or wholesal ing goods or services as defined by this ordinance, and who operates a motor vehicle in the City of Tiburon for the purpose of conducting such business, whether on a fixed route or not, shal I pay an annual license tax of Twenty-Five Dol tars ($25.00) for the first vehicle, plus Fifteen Dollars ($15.00) for each ad- ditional vehicle. 8. No fee shal I be required for any vehicle used for miscellaneous or irregular delivery services by any person carrying on any business located within the City of Tiburon for which a I icense fee Is paid under any other provision of this ordinance, provided that said exemption shal I not apply to any such business operating any vehicular order-and-sale or del ivery service over fixed or regular routes, and further provided that said exemption shal I not apply to any vehicle over 10,000 pounds in gross weight. C. Every person subject to the provisions of Soction 5, subsectiors A and 8 shal I pay the fol lowing I icense tax per wheeled vehicle over 10,000 pounds in gross weight: 10,000 Ibs. - 15,000 Ibs. $30.00 15,000 Ibs. - 20,000 Ibs. $35.00 20,000 Ibs. - 25,000 Ibs. $40.00 25,000 Ibs. - 30,000 Ibs. $45.00 30,000 Ibs. - 35,000 Ibs. $50.00 35,000 Ibs. - 40,000 Ibs. $55.00 40,000 Ibs. - 45,000 Ibs. $60.00 45,000 Ibs. - 50,000 Ibs. $65.00 Over 50,000 Ibs. $70.00 D. Trucks, Trucking, Draying, Haul ing. 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 transporting goods, wares or property for hiro or reward or for supplying a self-operated or self-franchised retail or wholesale business within the City of Tiburon, and who in the courso of such business or supplying uses the publ ic streets and highways of the City for the purpose of transporting, the annual I icense tax for each of such vehicles shal I be as fol lows: Under one ton One ton, but less than two tons Two tons, but less than three tons Three tons, but less than four tons Four tons or over $10.00 per year. $20.00 per year. $25.00 per year. $35.00 per year. $45.00 per year. E. General I. In determining the weight of vehicles to be I icensed, the weight provided by the Motor Vehicle Code of the State of Cal ifornia as the net, or unladen weight of the vehiclo shal I apply, excert where the net weight is determinable from the manufacturer's plate affixed to said vehicle. The appl icant for such license, shal I present when requested, tho certificate of registration from the State Department of Motor Vohicles for reference. 2. Upon the issuance of a I icense as provided in this Section, there shal I be del ivered to the I icensee one (I) sticker or other identification for each vehicle so licensed, which said sticker or other identification shal I be displayed on the windshield of each vehicle so I icensed at al I times during which it shal I be operated upon the publ ic streets and highways of the City. 11-8-65 -8- 3. Where necessity requires the routing of substitute vehicles into the City, the City Clerk may, at his discretion, issuo not more than ono additional sticker. Said additional sticker shal I be held by the licensee for UEe in emergencies only and shal I not be permanently affixed to any vehicle. In al I cases the heaviest vehicle used by said licensee for del ivery within the City shal I be the vehicle I icensed, and in no such case shal I more than one vehicle be operated within the City at anyone time by the holder of such vehicle I icensG. 4. For the purposes of this section, a trai ler and tractcr shal I be considered as one vehicle, each additional trai ler attached thereto, or propel led thereby, shal I be considered as a separate unit. 5. Each vehicle used or operated by such persons, firms or corporations for any of the purposes mentioned in this section shal I be separately licensed. Any other vehicle of similar weight and character may be substituted for the vehicle so I icensed provided that the sticker issued for said original vehicle shall be displayed upon the substitute vehicle whi Ie the same is operated within the City. 6. No tax specified in this section shal I be required for the operation of any motor vehicle or equipment mentioned in this section if such operating is merely occasional and incidental to a business conducted elsewhere; provided, however, that no operation shat I 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 shal I be deemed to be conducted within this City if an office or agency is maintained here, or if transportation business is so! icited here. 7. The term "motor vheicle" as used in this section shall be as defined in the Motor Vehicle Transportation License Tax Act of the State of Ca I i forn i a. CHAPTER V I I I SPECIAL LICENSE PROVISION Section I. Appl icabi !ity. Any person managing, conducting or carrying on in the City any business, trade, cal I ing or occupation, or rendering any of the services hereinafter set forth in this Chapter, and as hereinafter defined, shal I pay tho I icenso fee set opposite the name of said business, trade, cal I ing or occupation, in accordance with the schedule set forth herein, which fees are intended to be and shal' be collected for the purpose of raising revenue for said City. Section 2. Procedure. A. Each appl ication for a I icense covering any of the businesses, trades, cal I ings or occupations mentioned in this Chapter shal I be filed with the City Clerk and shal I contain the information required to be furnished pursuant to the provisions of Chapter IV of this Ordinance. 8. Each such appl ication shall be referred to the City Counci I for consideration as provided in subsections C and D hereof. C. Notice and Date of Hearing. The City Clerk shat I, upon receipt of an appl ication .for a I icense, set a date for a hearing on the appl ication for permit, not more than thirty-five (35) days from the date of fi I ing of the appl ication. The City Clerk shal I, in every case of appl ication for such permit, notify the appl icant in writing of the time and place of such hearing, which notice shal I be given at least five (5) days prior thereto, unless the appl icant waives such notice in writing. The notice may be given appl icant by serving it personally or by depositing it in the United States Post Office at Tiburon, Cal ifornia, postage prepaid, addressed to the appl icant at his last known address. If, in the judgment of the City Counci I, a publ ic notice of the hearing on any appl ication for permit is advisable, the City Clerk shal I cause a notice to be posted in at least three (3) publ ic places in tho City of Tiburon. Such notice shal I show the purpose or type of activity for which the permit is sought, the name and address of the appl icant, and the time and place of the hearing upon his appl ication. I 1-8-65 -9- Whenever a publ ic notice shal I be required, the appl icant shal' pay to tho City Clerk the sum of Five Dollars ($5.00) before such notice is given, which payment shal I not be in I ieu of any I icense fee or other tax otherwise imposed by law. D. Hearing and Action by Counci I. At such hearing, any person inter- ested shal I be entitled to bo heard and file objections, protests or recommendations, relative to tho subject matter. The City Counci I shal I deny appl ication for any pormit if it shal' appear to its satisfaction that the appl icant is not a fit and proper person, morally or otherwise, to conduct or maintain the business establ ishment, place or other thing to which the. appl ication appertains; that he has not compl ied with tho provisions of this or any other ordinance of the City of Tiburon appertaining thereto; that the activity for which the permit is sought is itself objectionable or detrimental to the publ ic health, morals, safety, or general welfare; or that it is contrary to or confl icts with any State or Federal law, or any ordinance of the City of Tiburon. For the protection of the public interest, the City Council, in granting such permits, may attach such conditions as, in its judgment, the publ ic interest may require, and in the consideration of any appl ication for permit the City Counci I or other official authorized to grant permits or certificates of compl iance, shal I give attention to al I pertinent facts which may affect the health, morals, safety and general welfare of the publ ic, and shal I exercise a reasonable and sound discretion, with reference to tho subject matter. The Clerk of the Counci I shal I notify the City Clerk of the final action of the City Counci I and, should action constitute approval, the City Clerk shal I issue and del iver to appl icant a permit, upon receipt of the license fee appl icable thereto. E. Appl icable Businessos and Fees Required. Amusement Arcades Pool and Bi I' iard Hal Is Commercial Amusements Ice or Rof ler Skating Rinks Theaters maintaining fixed place of business in the City of Tiburon Dance hal Is or operation of premises where dancing is permitted and whore 1 iquor is sold. Dance hal Is or operation of premises where dancing is permitted and where I iquor is not sold. Circuses: Where seating capaci+y is 4,000 persons or less Circus~s: Where seating capacity is more than 4,000 persons. Publ ic Card Room Defined as - any person conducting, managing, or carrying on any publ ic card room where cards of any kind are played with cardsj exempting, however, at I fraternal organizations, and labor unions. Carnivals, tent theaters, animal shows, temporary entertainment under tent. 11-8-65 Gross Receipts of $3,000 cr less: $48 per annum, plus 50t for each additional $1,000 of gross receipts Gross receipts of $25pJO or less: $50 per annum, plus $1 for each additional $1,O~of gross receipts $100 per annum. $50 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 additional day. -10- Hospitals, sanitaria, convalescent and nursing homes, homes of the aged, mortuaries and funeral parlors. Gross Receipts of $5,000 or less: $24 per annum, plus 30t for each additional $1,000 of gross receipts. An i ma I hosp i ta I s, konne Is r'nilr,1 i na stch f os Bathhouses, massage parlo~s, etc.'! Gross receipts of $3,000 or less: $24 per annum, plus 50t for each additional $1,OCDof gross receirts. Watchman, Private pol ice and detective agencies. $50 per annum. Junk dealers or col lectors $50 per annum. Rummage sales $120 per annum or, at tho option of licensee, $40 per quarter. KI iog lights $50 per day. Auctioneers (not otherwise licensed under this ordinance). $200 per annum; or, at the option of licensee, $25.00 per day. Loan agent, loan broker, pawnbroker $50 per annum. Mediums, astrologers, soothsayers, fortune tellers, star gazers, palm readers, etc. $200 per annum. CHAPTER IX UNCLASSIFIED BUSINESSES, TRADES, PROFESSIONS, CALLINGS OR OCCUPATIONS For any person carrying on or conducting any lawful and authorizod business, trade, profession, cal I ing or occupation, not particulal-Iy specified in this Ordinance or embraced within the provisions of any other section herein, the I icense tax shal I be $25.00 per year. CHAPTER X TRANSIENT SOLICITORS, CANVASSERS AND PEDDLERS The practice of going in and upon private residences in the City of Tiburon by solicitors, peddlers, hawkers, itinerant merchants or transient vendors of merchandise not having been requested or invited so to do by the owner, or owners, occupant or occupants of said private residences for the purposes of soliciting orders for the sale of goods, wares and merchandise or for disposing of or for peddl ing or hawking the same, is declared +0 be a nuisance and punishable as such as a misdemeanor. CHAPTER XI VENDING MACHINES Section I. For every person owning any machine for the vending of goods, wares or merchandise, into which machine money or tokens of value are deposited or paid for the operation thereof, the I icense tax shal I be as fol lows: A. If the machine is located upon premises in the City which are not I icensed under this ordinance to the said person, or if the machine is located upon premises I icensed under this ordinance to the said person, but the I icense tax is measured by flat fee, the person shal I pay a tax of $10.00 per year per machine. B. If the machine is located upon premises I icensed under this ordinance to the said person, whose I icense tax is measured by gross receipts, then the gross receipts of the machine shal I be included in the statement of gross receipts pursuant to Charters IV and VI I of this ordinance. -11- I 1-8-65 Section 2. For every person owning any machine which provides services or information, into which machine money or tokens of value are deposited or paid for the operation thereof, the I icense tax shal I be as fol lows: A. If the machine is located upon premises in the City which are not I icensed under This ordinance to the said person, or if the machine is located upon premises licensed under this ordinance to the said person, but the license tax is measured by flat fee, the said person shal I pay a tax of $2.00 per year per machine. B. If the machine is located upon premises I icensed under this ordinance to the said person, whose I icense tax is measured by gross receipts, then the gross receipts of the machine shal I be included in the statement of gross receipts pursuant to Chapters IV and VI I of this ordinance. Section 3. Except as provided in Section 4, every person, whether a licensee under this ordinance or not, who owns, leases, maintains or operates a machine for the purpose of amusement or the demonstration of ski I I, or any combination amusement and vending machine, or anv machine or device for producing or reproducing music, into which machine money or tokers of value are deposited or paid for the operation thereof, shal' pay a I icense tax of $50.00 per year per machine. Section 4. For every person who owns, leases, maintains or operates a machine or device referred to in Section 3, and whose sole and only business is that of providing to other persons the use of such machines or devices, and whose I icense tax under this ordinance is measured by gross ,-eceipts, the gross receipts of the machine or device shal I be included in the statement of gross receipts pursuant to Chapters IV and VI I of this ordinance. CHAPTER XI I ENFORCEMENT Section I. AI I I icenses must be kept and posted in the fol lowing manner: A. Any I icensee transacting and carrying on business at a fixed place of business in the City of Tiburon shal I keep a I icense posted in a conspicuous place upon the premises where such business is carried on. B.Any I icensee transacting and carrying on business but not operating a fixed place of business in the City of Tiburon shal: keep the I icense upon his person at al I times whi Ie transacting and carrying on such business. C. Every person driving, operating or having control of any vehicle or other means or instrumental ity for which a I icense is required under the provisions of this ordinance, sha: I have the I icense issued for the particular vehicle, means or instrumental ity firmly fixed thereto in a place readi Iy accessible and so located on the vehicle, means or instrumental ity that the same is plainly visible at al I times. Section 2. Enforcement. It shal I be the duty of the City Clerk, and he is hereby directed to enforce each and a! I of the provisions of this ordinance, and the Chief of Pol ice or other designated official sha! I render such assistance in the enforcement hereof as may from time to time be required by the City Clerk or the City Counci I. The City Clerk tn the exercise of the duties imposed upon him hereunder, and acting through his deputies or duly authorized assistants, shal I examine or cause to be examined at I places of business in the City of Tiburon to ascertain whether the provisions of this ordinance have been compl ied with. The City Clerk and each and at I of his assistants and any pol ice officer shal I have the power and authority to enter, free of charge, and at any reasonable time, any place of business required to be I icensed herein, and demand an exhibition of its I icense certificate. Any person having such I icense certificate theretofor issued, in his possession or under his control, who wi Iful Iy fai Is to exhibit the same on demand, shal I be gui Ity of a misdemeanor and subject to the penalties provided for by the provisions of this ordinance. It shal I be the duty of the City Clerk and each of his assistants to cause a complaint to be fi led against any and al I persons found to be violating any of said provisions. 11-8-65 -12- No license issued under the provIsions of this ordinance shal I be construed as authorizing the conduct or continuance of any i I legal or unlawful business. Section 3. The violation of any federal statute, State statute or City ordlnance by any person holding a I icense from the City, or by any of the holders of such I icense in connection with the operation of the business for which such I icense is issued shal I be ground for the revocation of such I icense after a hearing held before the City Counci I at which the I icensee may have an opportunity to be heard before the Counci I. If at such hearing the City Counci I determines that such a violation has occurred or that the continuance of the holding of the I icense in the business covered by such license wi I I be contrary to the general welfare, it may declare such I icense revoked. Written not i ce of any such hear i ng sha 11- bo p_ersona II y served upon the I i censoe five (5) days before said hearing. If service cannot be made in tho foregoing manner, then a copy of such notice may be mailed to such I icensee at least five (5) days prior to the hearing. Any such I icense may be suspended by the City Council pending such hearing provided the Counci I declares that publ ic health or safety requires it, after twenty-four (24) hours written notice is left at the place of business of the I icense holder. Such notice shal I state the grounds of suspension. Section 4. Penalty for Violation. Any person violating any of the provisions of this ordinance or knowingly or intentionally misrepresenting to any officer or employee of this City any material fact in procuring a I icense herein provided for shal I be deemed gui Ity of a misdemeanor and, upon conviction thereof, shal I be punishable by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the County Jai I for a period of not moro than six (6) months, or by both such fine and imprisonment. Section 5. Remedies Cumulative. AI I remedies prescribed hereunder shal I be cumulative and the use of one or more remedies by the City of Tiburon shal' not bar the use of any other remedy for the purpose of enforcing the provisions hereof. Section 6. Severabi I ity. If any section, subsoction, sentence, cla~se, phrase or portion of this ordinance is for any reason held to be inval id or unconstitutional by the decision of any court of competent jurisdiction, such decision shal I not affect the val idity of the remaining portions of this ordinance. The City Counci I of the City of Tiburon hereby declares that it would have adopted this ordinance and each section, sub- section, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared inval id or unconstitutional. CHAPTER XIII EFFECTIVE DATE Section I. This ordinance shal I be effective thirty (30) days after its passage, and within fifteen (!5) days after its passage shal I be publ ished in a newspaper of general circulation in the City of Tiburon. Section 2. This ordinance shal I apply to al I appl ications for I icenses and 7enewals filed with the City Clerk after the effective date of this ordinance. Section 3. Ordinance No. 27 is hereby repealed; however, said Ordinance No. 27 shal I remain effective for the purposes set forth in Chapter I, Section 4 of this Ordinance; and provided further, that any person subject to the provisions of this ordinance may elect to pay a I icense tax, for which tax the person may be I iable under Ordinance No. 27, and which tax was, and is due under the provisions of Ordinance No. 27 pr:or to the effective date of this ordinance, at the rates and in the amounts set forth in th:s ordinance. PASSED AND ADOPTED at a meeting of the City Counci I of the City of Tiburon held on the ~day of December, 1965, by the fol lowing vote: AYES: COUNCILMEN: Ell inwood, Hannahs, Hoffmlre, Parnell, Strawbridge COUNCILMEN: None NOES: ASSENT: COUNCILMEN: None ATT~~ LAW D. ROSE, City Clerk I 1-8-65 ;{Q1v4- hJ; GORDON W. STRAWS IDGE Mayor of the City of Tiburon t/ -13-