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Ordinance - 55011U)INI NC T�' HO. 55 AN ORDI1,,-,-1 C 0T 'IE? CITY OD' ;.""EST COVL.f 1 I IC71 SI?:0 , for the purpose of revenue ,Ind regulation, all and. every kind of business authorized - by law and I;ralisacted and carried on in the City of t7est Covina, and all shows, exhibitions ,-.aid lawful games carried on therein, fixing the rate of license tax upon the same, providing penalty for any violations thereof, and repealing all ordinances in conflict with this ord finance. The City Council of the City of !crest Covina does ordaii7 as follows: Section 1: It shall be unlawful for any person or persons, firm, co -partnership or corporation, or for any person as agent, servant, • clerk or employee, or for himself or for any other person, firm, co- partnership or corporat ion within the corporate limits of the City of . 'jest Covina to transact, engage in or carry on any pursuit, trade, occupatioli, avocation, employment , business or:calling herein spe- cified until he, she', they or it shall have first orbtained a license therefor as in this Ordinance required. Each and every day or fractional part of a day that said pursuit, trade, occupation, avocation, employment, business or calling in this Ordinance specified is conducted or carried on without such license, shall constitute a violation of this Ordinance, and any person, who, for himself, or for any other person, f irm, co -partnership or corp- oration shall violate any of the provisions of this Ordinance shall, for each v iolat ion thereof, be deemed guilty of a misdemeanor and upon conviction by any Court having jurisdiction thereof, shall be fined therefor in a. suns not in excess of ��200.00, or shall be imp- risoned in the City or County Jail not exceeding thirty (30) days, or by both sucY fine and imprisonment; provided, however, that if any person shall furnish such evidence as shall satisfy the Chief of rolice and the City Clark, that he was formerly a soldier in the United States Army, ore, sailor in t he United States Navy, from either of- which h.e was honorably d'ischarged,, a free license may be issued to sac'h party for a limited number of consecutive days to be specified in such license, not in any event to exceed sixty days in any one fiscal year, nor shall more than one such licerze be issued to or for the benefit of any such person in any one f isca.l year, under this proviso. The term or duration of each license. shall be annually, quarterly, monthly, weekly or dail,, , accordipL, to the terms of the Oection of this Ordinance fixing the amount of each license. Annual licenses shall d at e f rom t he If it st day of July; quarterly licenses shall date from the first day of July, October, January and April of the year in which they are issued; monthly licenses shall date from the first day of the month in which they are issued. ,.'There lic ense s ar,e issued hereunder for the unexpired part of the term, the amount of license fee recuired shall be proportioned accordingly; .provided, th-t the minimum license fee for an unexpired annual term shall be one o, 3rter of the annual license fee, and the minimum license fee :cor an unexpired ouarterly term shall be one third there- of. All 1iconses shall be paid for in advance, and no rebate given for aiy uuiusod portion of the term. -1- • • r All licenses issued under the provisions of this ordinance shall be posted :in the place of business of licensee named in such license and the sa.:d license shall be prod u d by the licensee whenever the same shall be required by the ChirMollce, or any other Officer of the City. of It is hereby made the duty of the Chlef/Police to enforce all the prov 1 eons of this Oxd inanc e . No per s) nal demands or notices by the Chief/Po3:ic-e to eeuch persons owing such licenses tax shall be neces- sary to incur the p ena.lt ie s of this Ordinance. SECTION 2 : All licenses is:s ued under and by virtue of this Ord- inance shall be printed in blank form, signed by the Clerk of the City of 'lest Covina. The City Clerk shall set forth in said license the name of the party to whom the license is issued, the nature of the trade or business, he, she, they or it are licensed to pursue, the time for which the same is granted, the date thereof, the amount paid therefor, and the location where said trade, business, ca.11ing or avocation is carried on, or proposed to be carried on. The City Clerk shall cause to be printed a sufficient number of such license forms as may be required for one year or more, in book form with blank stub to each, and.shall report each month to the City Council the number of licenses sold. SECTION 3 : Any license granted or issued under any provision of this Ordinance shall authorize the licensee to transact or carry on the business or calling therein named, at the place therein desig- nated and no of her, ,,and the said license shall not be transferable nor assignable except by the approval of the City Cle2k„ except as provided in Section 4 hereof. it3o license shall be granted if any prior license fee remains unpaid. S+,CTIO1 4: No license shall be issued for any livery or feed stable, public laundry where washing is done for hire, hotel, lodging house, service station, gasoline plant, topping plant, oil refinery, absorption plant, warehouse, supply or storage depot or yard, cracking plant, dance hall, oil d is.t illery, chop house, coffee house, bakery, restaurant, lunch counter, shooting gallery, billiard room, skating rink, merry-go-round, bowling alley, for .nr1e tQ11=*.la3x- voyance_ � ed bractic garage, creamery, auctions, auction house, junk dealers, wrecking house, or automobiles for hire at «° stations, stands, or places on public streets, or peanut venders, tamale stands, or lunch wagons at stations, stands or places on the public streets, or :for any game, nor ;shall the same be assiqmed or transferred, except on the order of the City Council of the City of Iff6st Covina, and whenever any person, persons, firm, co -partnership, or corporation, desires to open or keep any business specified in the section, he, sne, tthey or it, shall petition:r: the -City C,,.ounc11 . to order a, license therefor, which petition shall set forth the name of the applicant, the character of the business and the location of the 2 - preiilisas y.hera the business is to be conducted, and on the hearing of said petition the said City Council may grant the same in whole or in part, or may reJect the same and no license shall be issued thereon except as ordered by sa id CitL Council. There any business ill this section specified may become dangerous to or affect the public health, peace or safety, the City Council ma.y re L use to gr��t gr��t• the "1 i cerise . Should the City Council of this city at any time determine that the premises w; ie-rein any business described in this section is conducted, are not in good acid sanitary coed it ion, or not property d rained, or have become dangerous or affect the public peace, arid quiet, it may • revoke its order requiring the license for such business to issue and no further license shall be issued thereon until such premises shall have been put in a safe, properly dra fined and sanitary condition. A separate license must be obtained for each bra.rch establishment or separate place of bus ir-aess in which the business, trade, avocation , calling or occupation is carried on, and such license shall authorize the party obtaining it to carry oil, pursue or conduct only that trade, business, calling, avocation or occupation described in such licerise and only at the location or place indicated in the license. Every peddler, solicitor, and any other person conducting or carrying on any business, calling , trade, prof ession, avocat ion or occupation named in this Ordinance, and not having a fixed and est- ablished place of business in the City of 'Test Covina, who carries on his, her, their or its bus iness by mearis of .canvass from house to house, or place to place, or by means of ally motor or other vehicle, is required to at all times, while engaged in said business or operating such vehicle, to have in his, her its or their immediate Possession and be able to produce and display to any officer of the City of Vast Covina. requiring the same, the license under which he, she, they or it carry on arid conduct the sa id. bus inm ss, profession, calling, avocation or occupat ion. of SECT IOTT 5: The Ohief/Pol"ice is hereby appointed inspector of licenses arid ill addition to his, other duties as Chief of Police is hereby re qu*L red to examine all. places of business and per sons iri the City of ':lest Covina liable to pay license for the transaction or carrying on of any business, pro i'as.sion, avo cation, t rade, calling or occupation as provided by this Ordinance, and to see that such licans-es are taken out, and shall exercise '".n connection with his said dut ie s as license inspector the pour a to make arrests for violation of any of the provisions of this Ordinance; to enter with- out c harga t aYi.y time ar�y place of business for 1rdh ich a license is required by this Ordinance and to demand the exhibition of such license for the currant term, acid if any such person shall there and there fa it t o exhibit such license , such person shall be lie ble to the penalty provided for a violation of this Ordinanea. of It is hereby made the duty of the Chief/Pol'ica to cause complaint to be filed against all persons violating; any of the provisions of -3- this Ordinance. of The Chief/Police is hereby directed to carry into effect the .provisions of this Section. SECTIOT'v 6: The conviction and punishment of any person tran- sacting or carrying on any business, trade, calling, profession, avocation or occupation in the City of Llest Covina, without a, license as provided by this Ordinance, shall not excuse or exempt such person from the payment of any license due or unpaid at the time of such conviction acid nothing herein shall prevent the commencemel.it and maintenance in Court of competent jurisdiction of all action to recover such license tax. SECTION 7: `i'he prov isions of t h is Ord inanc a . sh all not apply to :churches, religious societies, fraternal societies, charitable societies of the City of 'Vie st Covina.. SECTION 3: The rate of license for carrying ma the pursuit, trade, occupation, avocation, employment, business or calling specified in this Ord inan.ce shall be as fo llovis : SECTIGI! 9: The rate of license for conducting, managing or operating all automobile service scat ian is hereby f ix-ed at �12.00 per annum. SECTION 10: The rate of license for conducting and carrying on an auto repair shop is hereby f ixed at the :rate of 612.00 per annum. For the purpose of this section the term "Auto Repair Shop" is defined as any shod, building, room, or place vihere ally auto or ally parts thereof are repaired, remodeled or overhauled and a compensation charged for the same. SECTION 11: The rate of license for conducting, operating, or maintaining the business of selling, offering for sale and otherwise dealing in and handling new automobiles or other motor vehicles, the sum of 12.00 per annum. SECTION 12 : The rate of license for conducting or c a.rry ing on the business of garage. sh all be ,-;12 .00 per annu. Said license shall include auto -repair work and av_toawbile accdssory business. SECT TON 13; The rate of license for carrying on or maintaining the business of house moving is hereby fixed at :?.00 per annum. Every person desiring to engage in the business of house moving shall., befo:ca receiving a license for said business, execute and deliver to the City Clerk the bond required by Section 16 of this Ord finance in the sum of �1000.00. :each application for license to conduct said business shall be accompania d by a. stat ement in writ ing, . g iving the name a.nd addre ss -4- of the pers3011, :Firm or corporation making said application, the address of such person, firm or corporation, a statement of the number of Z7ears engaged in said house mo ving busine ss, t he d e sig- na.tion of the last ola.ee where such applicant was e,iga.ged in said business, and such other matters -as the Bui.Ld-in: g Inspector may requir a. �/ '­_, Such house mover must coarply with all conditions laid down in the Ordinances of the City of test Covina, and must repair and make good all damage or injuries caused by the moving of any house or • structure. a • �" A permit shall be obtained from the Building Inspector before moving a.ny building, the fee to be paid for such permit is- hereby faxed at K. Each abplicatioxz shall specifically state the route to be taken, and the permit shall limit the time for the removing, and any delay of time longer than specified in such permit shall be deemed a nuisance and a violation of this Ordinance. At the time of the issuance ,of. said permit the /applicant shall also pay to the Build ing Iiisp ector the sum o f 4 5.00 for the first day and- 0 for each additional day dur ing which such removal is limited. \150=-- There a building is to be moved from one part of a lot to another part of the same lot', or from one lot to another lot owned by the same person, and without crossing any street, alley or property of any other person, the owner must first obtain 8. written consent of the Building Inspector to change the location of such building and such consent shall not be granted where there is reasonable objection on the part of the property owner adjoining, and the, fee for such permit shall be $2.50, and services of a licensed housemover will not be required in such case. SECT IM' 14 : The rate of license for ope rat i1g , carrying on, or conduct ing a. fruit or vegetable stand, grocery store, or bakery; or any cornoina. tion of same shall be �12.00 per a.nnum. SECTION 15: The rate of' licenses for operating, carrying .on, or conducting any other business not specifically provided for within this Ordinance for which a. license" may be obtained, shall be;12 .00 per a.nnum. S. CTIOIj 16: Every pe rso ii or ind iv idual :pia ble t o pay any license ta.x wader this Ordinance shall make application to the City Clerk for a license, stating the business or pursuit desired to be carried oil-; and it shall be the duty of the City Clark upiyn investigation and coiif irmation of the et atemaiit of said applicant th.a.t he has complied with all the provisions of the City laws, Licluding this Ordinance, required for the securing of said license, • shall prepo.re and issue the same to every parson or individual making; suc-i application for said license and tendering the fees thereunder; said license shall be duly signed by said City Clerk and a.ttest3d by the City ;eat. SECTION 17 : ;'!here , by the terms of this Ordinance, a bond is required to be furnished by any,person securing or applying for a license sack person shall, before t he issuance to him of such license, daliver to the City Clerk a. bond executed by any reliable surety coar..)any, or by two personal sureties, each of whom is the owrier of the property within the City of ";felt Covina of the value of twice the amount of the penal sum of said bond;. Phe conditions of said bond shall be stated in substantially the following language: "If the said above boundan principal shall comply vgith a 11 the laws and. Ordiiia.ncas partainiii=g to mid 1aa.sinGss, and shall indenuaify and save harmless the City of Wa ;� Covina and any person or persons who may be injured or caused financial 'loss throeLD -h any failure on the part o_" t he said licensee to comply with said laws, or because of any misconduct of said licensee in carrying on said uusiiaess then this obligation shall be void; otherwise it shall remain in full force and effect; and this bond shall inure to the benefit of the City of iJaat Covina. and to any person or persons and to all employ- ars of said licensee; and the said City and any of said above mentioned persons may maintain an action on this bond directly in its, his, her or their name or Planes, and this bond may be recovered against more than once and until the full panaLty thereof shall be exhausted." SECT Ii. 18: If any section, sub -section, sentence, clause or phrase of this Ordinance is hereafter for any reaM n held to be unconstitutional or unanf orcea.W e, such decision shall not affect the v"l id ity o_' the rema.inilig portions of this Ordinance. The City Council of the City of ,`Jest Covina. 'hereby declares that it would have passe(? this Ordinance and each section, sub -section, seiitance, clause or uhrase hereof irrespective of the fact that any one or more of the sections, sub -sections, sentences, clauses or phrases be declared uncozistitut ional or unenforceable. u CT'Tr, 11): This Ordinjca shall never be held or construed as licensing or permitting the carrying on of any unlawful trade, calling, occupation or g'am3 , and every such trade, calling, occupation or gable is pro hib it ad and no licanse shall be graaitad or issued therefor. 371C`fIO1+1 20: nothing in this Ordinance shall be construed as imposing a license or tax or otherwise .raguldL inC7 or restricting _'oreigii or Tfiterstate Commerce, and any business or portion thereof which is embraced in the term ",interstate Commerce" or in the term "Foreign, Commerce" is not mada subject to the license imposed by this OrdinE,iace. -6- SF,CTHU� 21: This Ordinance shall be posted in three public places ill the City of Wiest Covina, *and shall thereafter take effect and be enforced from and after said posting. S,'ijCTI Oil 22 That aLI Ordinances and parts of Ordinames of the City of ,.fast Covina in conflict with this Ordinance ba, and the same, are hereby repealed. The above and f oragoing Ordinance l o. 55 wa,s -passed and adopted at @. regular meeting of the City Council of the City of VIast Covina, on the 19th day of Juna, 1934, by the affirmative vote of the following named meribers thereof : AYES: Coimcilmen S.-El. Baldosser, Percy Jackson, C.H. Coffman, • J.K. Hedges N 0 F's : Ti oil a AB3141ITa : L. Ree 0 City Clark of t he City­of--�,est Covina The above and foregoing ina,rd 'I -ilea 1,..',o. 55 is approved aiA signed by me this d ay of 1934. -7- STATE OF CALI EO RNI A. ) COUNTY OF LOS ANGELES. )SS CITY OF WEST CO VINA ) I, C.C. TOLAND, City Clerk of the City of West Covina, hereby certify that the foregoing ordinance was adopted by the City Council of the City of West Covina, at the regular meeting of said Council on the EOth day of Jung,1934. Ayer: Coffman, Reeg, Hedges and Jackson---- Noes:..:...None Absent: None STATE OF C ALM RNI A } COUNTY OF LO S ANGELES ) SS CITY OF WEST CO VI NA ) C.C. Toland, being first duly sworn, says: That he is the City Clerk of the City of tillest Covina, a citizen of the United States, over the age of 21 years, and that on the 23rd day of June,1934, he posted three c9pies of Ordinance No. 55 Entitled an "Ordinance liscensing for the purpose of revenue and regulating all and every kind of businessauthorized by law, and tnan.sacted and carried on in the City of West Covina, and all shows, exhibitions and lawful games carried on therein, fixing the rate of lawful tax upon the same, providing penaltyfor any violations thereof and repealing all ordinances in conflict wit4 this ordinance" in three public places in the City of West Covina, to -wit; one at the door of the West Covina Club douse, where the meetings of said Council of said City are held, one at sunset Avenue in front of the Nest Covina School House and one at the northwest corner of Puente Street and Lark Ellen Boulevard. 17 City Clerk Stzbycriband swo to efoa�e me thi s Ay day of 1934. Notary Pub is in and fear t e County of Los Angeles, State of California