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HomeMy WebLinkAboutOrd 0443ORDINANCE NO. 443 AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF BURLINGAME BY REPEALING ALL OF PART IV TIEREOF, DEALING WITH LICENSES AND PERMITS; ADOPTING A NEW PART IV, DEALING WITH LICEPTSES AND PERMITS, FOR REVENUE AND REGULATION OF ALL LA01FUL BUSINESSES, PRO- FESSIONS, TRADES, CALLINGS AND OCCUPATIONS; FIXING THE PENALTIES FOR THEF, VIOLATIONS THEREOF. The City Council of the City of Burlingame does ordain: Section 1 - The Ordinance Code of the City of Burlingame is hereby amended by repealing Part IV, dealing with licenses and permits, and adopting a new Part IV, dealing with licenses and permits for revenue and regulation, which new Part IV shall read as follows - PART IV LICENSES AND PERMITS ARTICLE 10 Section 1000. REVENUE AND REGULATION It is hereby declared that the provisions of this part of the Ordinance Code of the City of Burlingame are for the purpose of revenue and regulation. Section 1001. DEFINITIONS For the purpose of this Code, words and phrases used herein shall be held to mean the following: (a) "Person" shall mean and include individual persons, corporations, associations and partnerships. (b) "Business" shall be construed to mean and include pro- fessions, trades, occupations of every kind carried on for profit or livelihood. (c) "Vehicle" means and includes every device in, upon, or by which a person or property may be transported on the streets or highways. (d) "City" shall mean the City of Burlingame. -1- (e) °Collector"shall mean the City License or Tax Collector. (f) "Quarter" shall mean a period of three months. A quarter shall begin on the first day of January, April, July and October of each year. (g) "Peddler" shall mean and include any person who shall go from house to house or apartment to apartment, or any place to place, for the purpose of selling, offering for sale, or solicit- ing orders for goods, wares or merchandise. (h) "Wholesaler" shall mean and include a person who sells goods, wares or merchandise in gross to retail dealers and not by small quantity or parcel to consumers thereof. (i) "Fixed place of business" shall mean the premises used or occupied for the particular purpose of conducting the business thereat, and regularly kept open for that purpose, with a person present attending to said business. Section 1002. LICENSE REQUIRED It shall be unlawful for any person, whether as principal or agent, either by himself or by any other person, to commence or carry on any business in the City, without first having procured a license from the City so to do, or without complying with all regulations herein contained, required to be kept and performed, and to do so without complying with all such regulations shall constitute a separate violation of this Code for each and every day that such business is so carried on. Section 1003. LICENSE FEE, A CIVIL OBLIGATION The amount of any license provided and specified by this Code is hereby made a debt to the City, and any person carrying on any business mentioned herein without having a license from the City so to do, shall be subject to an action in the name of the City in any court of competent jurisdiction for the collec- tion of the amount of license herein imposed on such business. Section 1004. CONVICTION - EFFECT ON CIVIL OBLIGATION The conviction and punishment of any person for transacting -2- any business without a license shall not excuse or exempt such person from the payment of such license due or unpaid at time of said conviction, and nothing herein provided shall prevent a criminal prosecution for any violation of the provisions of this Code. Section 1005. LICENSES, WEAT TO CONTAIN It shall be the duty of the Tax Collector of the City to issue a license under this Code for every person liable to pay a license hereunder and to state in each license the amount thereof, the period of time covered thereby, the name of the person to whom issued, the kind or character of the business, and the loca- tion or place where such business is to be carried on. Section 1006. LICENSE NOT TRANSFERABLE The license herein provided, if granted or issued under the provisions of this Code, shall not be transferred or assigned to any manner, nor shall any person, other than the one mentioned therein, be authorized to carry on such business. Section 1007. LICENSE EXHIBITING Every person having a license under the provisions of this Code and carrying on a business at a fixed place in the Citya shall keep such license posted or exhibited in a conspicuous place while the same is in force. Every person having such license, and not having a fixed place of business, shall carry such license with him at all times while carrying on the trade, calling, profession, or occupation for which the same was granted. Every person having a license under the provisions of this Code shall produce and exhibit the same, applying for a renewal there- of, whenever required to do so by any police officer or any officer authorized to issue, inspect, or collect licenses. Section 1008. SEPAIV TE LICENSE FOR EACH PLACE OF BUSINESS A separate license must be obtained for each and every branch establishment or separate place of business in which a trade, calling, profession or occupation is carried on. -3- Section 1009. LICENSES - DUPLICATES-MISTAIMS The Collector shall make a charge of fifty(650) cents for each duplicate license issued to replace any license issued under the provisions of this Code, which has been lost or destroyed. Any mistake made by the Collector in stating the amount of the license shall not prevent or prejudice the collection by the City of the amount which shall be actually due from anyone carrying on a business subject to a license under this Code. Section 1010. PENALTY The Collector shall, at the hour of 5 p.m„ of the thirtieth day after licenses are due and payable, add to all licenses re- maining unpaid, a penalty of 250 of the amount of such delinquent licenses. Thereafter and at the hour of 5 p.m. of the fortieth day after licenses are due and payable, the Collector shall add 40% of the amount of such delinquent licenses. No license shall be issued until both the amounts of the license and penalty shall have been paid. Section 1011. LICENSE DOES NOT PERMIT BUSINESS OTHERWISE PROHIBITED The payment of a license fee required by this Code, its acceptance by the City and the issuance of a license to any person shall not entitle the holder thereof to carry on any business in the City in any building or premises designated in such license, if the building or premises are situated in a location in which the conduct of such business would be in viola- tion of any law. Section 1012. LICENSE OF NEW BUSINESS When any person applies for a license to conduct a business which is not then being conducted at that place, building or premise for which the license is sought, the Collector shall first refer the application for a license to the Building In- spector, the Fire Chief, and Health Inspector of the City; and it shall be the duty of said trio of officials to report to the Collector whether or not the said place, building, or premise can -4- be used for the purpose stated in the application for the license, and if it is reported that the carrying on of such business shall jeopardize or constitute a menace to the public health or safety it shall then be the duty of the Collector to refuse the issuance of a license. Section 1013. LICENSE FEE - VVIIEN PAYABLE All licenses herein provided and applied for shall be paid in advance in lawful money of the United States at the Office of the Tax Collector of the City. Monthly licenses herein provided for shall be due and payable on the first day of each month, in advance, from all persons who have, for the previous month been licensed, to carry on the same business; and from all persons who have not been licensed for the previous month for the same business the license shall be due and payable and must be procured before commencing to carry on such trade, calling, profession, or occupation. Quarterly licenses herein provided for shall be paid on the first day of each quarter as herein defined and all such licenses shall expire with the last day of March, June, September, and December, of each year; provided, that nothing herein contained shall prevent any person desiring to do so to pay for and procure all four quarterly licenses at the time the first quarterly li- cense becomes due and payable under the provisions of this Code. Weekly licenses shall be due and payable in advance on Monday o£ each week. Daily licenses shall be due and payable to the City each day in advance. Semi-annual licenses herein provided shall be due and payable to the City in advance on the first day of January and July and all such licenses shall expire with the last day of December and June of each year. Annual licenses herein provided shall be due and payable to the City in advance on the first day of July of each year, but the first annual license issued to any person, as herein provided -5- shall be issued for the unexpired part of the current year, in- cluding the quarter during which such license is issued. No greater or lesser amount of money shall be received for any license than is provided in this Code, and no license shall be sold or issued for any period of time other than is provided herein. Section 1014. EXEbIPTIONS (a) T he license provisions of this Code shall not be deemed or construed to require the payment of a license to conduct, manage, or carry on any business, or require the payment of any license from any institution or organization which is conducted, managed, or carried on solely for the benefit of charitable pur- poses or from which profit is not derived either directly or in- directly by any person; nor shall any license be required for the conducting of any entertainment, concert, exhibition, lecture, or scientific, historieal, religious, or moral services whenever the receipts of such entertainment, concert, exhibition, or lecture are to be appropriated to any church, school, or to any religious or benevolent purpose within the City; nor shallany license be required for the conducting of any entertainment, dance, concert, exhibition, or lecture by any religious, charitable, fraternal, educational, military, state, county, or municipal organization or association whenever the receipts of any such entertainment, dance, concert, exhibition or lecture are to be appropriated for the purpose and objects for which such association or organization was formed and from which a profit is not derived either directly or indirectly by any person; provided, however, that nothing herein contained shall be deemed to exempt any institution or organization from complying with the provisions of any of the ordinances of the City requiring such institution or organization to obtain a permit from the City Council to conduct, manage, or carry on such business. (b) The provisions of this Code shall not apply to any person -6- claiming to be entitled to any exemption from payment of any license provided herein upon the ground that such license casts a burden on his right to engage in commerce with foreign nations or among the several states, or conflicts with the regulations of any act of Congress regarding interstate commerce, provided such person shall file a verified statement with the Collector, setting forth all of the facts showing that he is entitled to such exemption. The statement shall contain the name and loca- tion of the person for which the orders are to be solicited or secured, the name and address of the nearest local or state manager, the kind of goods, wares, or merchandise to be delivered the place from which the same are to be shipped or forwarded, the method of solicitation or taking orders, the location of any ware house, factory or plant within the State of California, the method of delivery': the name and address of the applicant, and any other facts necessary to establish such claim of exemption. (c) The provisions of Article IV of this Code shall not apply to any individual who may claim exemption as a Veteran under Section 16001 of the Business and Professions Code of the State of California. Section 1015. POLICE INSPECTION All duly appointed and qualified police officers of the City are hereby appointed inspectors of licenses and in addition to their various duties as police officers, are hereby required to examine all places of business and persons, to ascertain whether or not such places of business and persons have proper and sufficient licenses, and they shall have and exercise the power: 1. To make arrests for the violation of any provisions of this article pertaining to licenses. 2. To enter any place of business for which a license is required and to demand the exhibition of such license for the current term by any person engaged or employed in the transaction of such business, and a failure to exhibit such license consti- -7- tutee a violation of this article and shall subject such person to the penalty herein provided. 3. To cause complaints to be filed against all persons violating any of the provisions of this article. 4. To report to the Collector all persons carrying on busi- ness who have no license to do so pursuant to the provisions of this article, and any police officer flailing or neglecting to re- port any person so engaged in carrying on business without having paid the required license shall be guilty of neglect of duty and may be either suspended or dismissed from the service of the City. It shall be the duty of the Chief of Police of the City to carry into effect all of the provisions of this section of the article. Section 1016. POWER TO REVOKE LICENSES Any license issued under the terms of the Ordinance Code of the City may be suspended or revoked by the City Council whenever it shall appear that the business, calling, profession, or trade of the person to whom such license was issued is conducted in a (disorderly or improper manner or in violation of any law of the United States, the State of California, or any Ordinance of the City, or that the person conducting the business, trade, profes- sion, or calling is of an unfit character to conduct the same, or the purpose for which the license has been issued is being abused to the detriment of the public, or is being used for a purpose foreign to that for which the license was issued. A license issued under this article of the Ordinance Code of the City shall not be revoked, cancelled, or suspended until a hearing thereon shall have been had by the City Council. Written notice of the time and place of such hearing shall be served upon the permittee at least three (3) days prior to the date set for such hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking, cancelling, or suspending such permit. Notice may be given either by personal -8- delivery thereof to the person to be notified or be deposited in the United States Post Office in a sealed envelope, postage prepaid, addressed to such person to be notified, at the business address appearing upon said license. At the hearing before the City Council the person aggrieved shall have an opportunity to answer ang� may be thereafter heard, and upon due consideration and deliberation by the City Council the complaint may be dis- missed or if the City Council concludes that charges have been sustained and substantiated it may revoke, cancel, or suspend the license of the permittee, and the action of the City Council shall be final and conclusive and no appeal therefrom shall be ha( If any such license shall have been revoked, neither the holder thereof nor any person acting for him directly or indirect- ly shall be entitled to another license to carry on the same or any similiar businesswithin the City, unless the application for such license shall be approved by the City Council. Section 1017. UIMXPIRED LICENSE Where a license has been issued for any business by the City and the tax paid thertor under the provisions of any Ordinance heretofore enacted and the term of such license has not expired, (then the license tax prescribed for said business by this Ordinance shall not be payable until the expiration of the term of such unexpired license. Section 1018. LICENSE FEES Every person engaged in or conducting any of the following trades, callings, professions, or occupations in a fixed place of business in the City, shall pay an annual license tax in the sum of twenty-five ($"25.00) dollars: Abstractor, accountant, advertising agent, architect, attorney, auditor, beauty parlor, boots and shoes, books and stationery and office supplies, broker, business school, building and loan associ ation, bakery, candy store, chimney sweep, chiropodist, chiro- practor, window cleaner, collection agency, retail creamery (sell- ing dairy products), dancing school, dancing teacher, dental -9- laboratory, dentist, dining room, doctor, physician and surgeon, dry goods, dog and cat hospital, employment agency, engineer (civil, electrical, mechanical, hydraulic, mining, and any other form of engineering not herein mentioned), finance, florist, gunsmith, knife or scissors grinder, hardware store, insurance agent, interior decorator, jeweler and watch repairing, land- scape architect, laundry, locksmith, meat market, masseur, millinery, music teacher, newspaper agency, occulist, optomotrist, oesteopath, optician, orthopedist, paint store, photographer, photographic supplies, publishing a newspaper, print shop, radio and radio supplies, sheet metal works, sporting goods, tailoring, towel agency, skating rink, pawn shop, wood and coal, restaurant, retail creamery, drug store (drugs only). Every person conducting or carrying on any other trade, business, profession, or occupation, except as herein provided shall pay an annual license fee of twenty-five ($25.00) dollars, Every person conducting or carrying on any of the following businesses, trades, professions, or occupations shall pay an annual license fee of fifty ($50.00) dollars: Beer agency and/or soft drink agency, bowling alley for the first five alleys (and ten ($10.00) dollars for each additional alley), wholesale creamery and dairy products, lumber yard with or with- out mill, furniture, carpets, etc., gas and/or electrical appliances and/or supplies, real estate office, pool or billiard hall for five tables or less and five ($5.00) dollars for each additional table over five. Section 1019. GARAGE Every person carrying on or conducting the business of opera- ting a public garage with a repair department shall pay an annual license fee of thirty ($30.00) dollars, and if gasoline is sold therein the annual license fee shall be thirty-seven and one half ($37.50) dollars; if a lubrication rack and/or wash stand is conducted therein, the annual license fee shall be forty- -10- five ($45.00) dollars; if batteries or tires are sold therein the annual license fee shall be fifty-two and one half($52.50) dollars. Section 1020. MOVING PICTURE THEATRE, Every person conducting or operating a theatre for showing moving pictures having a seating capacity of not more than 1,000 persons shall pay an annual license fee of one hundred and fifty (150.00) dollars, and every person conducting or operating a theatre having a seating capacity in excess of 1,000 persons shall pay an annual license fee of two hundred ($200.00) dollars. Section 1021. VENDING NACHIPFES (a) Every person conducting the business of selling any goods, wares or merchandise by use of vending machines operated in the city shall pay an annual license tax of twenty-five (�i;25.00) dollars. (b) Every person conducting, maintaining or operating a machine or device of any kind for determining weight where a coin, token or metal substitute therefor is required to be deposited therein shall pay an annual license fee of five ($5.00) dollars per each machine. (c) Every person conducting a business of operating mechanical or amusement machines or devices by requiring a coin, token or other metal substitute therefor, to be deposited therein shall pay an annual license fee of fifteen($15.00) dollars for each machine. Section 1022. TOBACCOS, SOFT DRINkS - MLGAZIFES Every person engaged in conducting or operating the business of selling soft drinks, cigars or cigarettes or tobaccos shall pay an annual license fee of fifteen (up15.00) dollars, and, if in addition thereto such persons sells soft drinks and magazines, the annual license fee shall be twenty-five (025.00) dollars. Section 1023. CONTRACTORS Every person conducting or carrying on the business of con- tractor in any of the following, shall pay an annual license fee I as f ollows: Brick contractor, twenty ($20.00) dollars; building contractor, fifty (t50.00) dollars; cement contractor, twenty (620.00) dollars; electrical contractor, twenty-five (025.00) dollars; floor con- tractor, twenty ($20.00) dollars; glazing contractor, fifteen ($15.00) dollars; heating contractor, fifteen ($15.00) dollars; housemoving contractor, fifteen ($15.00) dollars; jobbing con- tractor, fifteen ($15.00) dollars; painting; contractor, twenty- five 025.00) dollars; paving contractor, fifty ($50.00) dollars; plastering contractor, twenty (020.00) dollars; plumbing contrac- tor, forty 06''40.00) dollars; roofing contractor, twenty ($20.00) dollars; sewer contractor, fifty ($50.00) dollars; sheet metal contractor, twenty ($20.00) dollars; spraying contractor, ten ($10.00) dollars; tile contractor, twenty ($20.00) dollars and for any other contracting business not hereinbefore mentioned, the annual license fee shall be twenty (020.00) dollars. All licensees for the business of Building Contractor, within ninety days after work or construction shall have been commenced, shall furnish the Collector, the names and addresses of all sub- contractors doing work and/or furnishing materials on each such construction or work and the premises on which it is located. The Collector shall not issue any license to any person carry- ing on the business of an Electrical Contractor unless the applicant shall present a certificate of registration as provided in Sections 1761 and 1763 of this Code. Every person engaging in the business or occupation of master plumber, or who contracts to do or perform plumbing or drainage work in the City, shall pay a license tax in the amount and upon the terms and conditions specified in Section 1130 of this Code as applicable to a plumbing contractor, except that no such license shall be granted for more than one year, or for the un- expired portion thereof, and all such licenses shall expire on the 30th day of June of each year, unless sooner revoked; pro- -12- vided, however, that the payment of any such license tax shall not authorize said person to engage in said business or occupa- tion unless and until he has received the certificate provided for in Section 1777 of this Code. Section 1024. MUSIC MACHINES AND JUKE BOXES Every person conducting, maintaining or operating any amuse- ment device, machine, instrument or apparatus used for the pur- pose of producing, reproducing, or playing any musical tone or tones or combination of tones, and the use, operation, or playing of such device, machine, instrument or apparatus is permitted or allowed by the deposit of any coin, token or other thing of value in any slot,crevice, or opening, or by the payment of any fee therefor, shall pay an annual license fee of ten ($10.00) dollars for each device, machine, instrument, or apparatus. Section 1025. UNDERTAKER Every person conducting or operating an undertaking business or a mortuary shall pay an annual license fee of one hundred ($100.00) dollars. Section 1026. SERVICE STATIONS Every person engaged in conducting or operating a. service station, repairing automobiles, selling gasoline, oil, tires, and other motor vehicle accessories shall pay an annual license fee of fifty-two and one half ($52.50) dollars. Section 1027. TIRE SERVICE Every person conducting or operaping the business of automo- bile tire service shall pay an annual license fee of twenty-five ($25.00) dollars. Section 1028. USED MOTOR VEHICLES Every person conducting or operating the business of selling second-hand automobiles or used motor vehicles not in conjunction with a new sales agency situated in the City, shall pay an annual license fee of one hundred and fifty($150.00) dollars; provided, further, that in no event shall such business be conducted or operated until and unless an application to transact such busines; -13- has been made to the City Council for a permit to carry on such business within the City and its consent thereto obtained. Section 1029. DEPARTMIENT STORE Every person engaged in a business of selling goods, wares or merchandise at a fixed location within the City and therein sells or offers for sale more than ten separate items, the sales of which is subject to a license by the terms of this Code is deemed to be conducting, operating or carrying on as a department store and as such shall pay an annual license fee of seventy-five ($75.00) dollars. Section 1030. MEMS OR WOIeiEHfS APPAREL Every person conducting, carrying on, or operating the business of selling men's or women's clothing or apparel and in addition thereto, selling boots and shoes, hats and other sundry articles, shall pay an annual license fee of seventy-five (575.00) dollars. Section 1031. CLEANING AND DYEING BUSINESS Every person conducting the business of cleaning and dyeing, including rug cleaners, shall pay an annual license fee as hollows: (a) Where the plant is situated in the City, the annual license fee shall be twenty-five (025.00) dollars. (b) Where the business maintains a branch in the City, the annual license fee shall be twenty-five ($25.00) dollars. (c) Where there is no plant or branch in the City, and the business is operating by means of a regular system of collecting and delivery, the annual license fee for each vehicle soliciting or deliverying in the City shall be twenty-five ($25.00) dollars. Section 1032. MiEDIUM2SHIP Every person who conducts, carries on, practices, or who pro- fesses to conduct, carry on, or practice the business or art of astrology, palmistry, phrenology, life reading, fortune telling, cartomancy, clairvoyance, clairaudience, crystal gazing, hypno- tism, mediumship, prophecy, augery, devination, magic, or necro- -14- mancy and demands or receives a fee for the exercise or exhibi- tion of his art therein, directly or indirectly, either as a gift, donation, or otherwise, or makes an exhibition thereof at any place where admission is charged, shall pay a license fee of one hundred (4x100.00) dollars per day. Section 1033. BUSINESS VEHICLES Every person not otherwise licensed under this Ordinance engaged in the business of selling or delivering goods, wares or merchandise, at wholesale or retail, by means of motor vehicles shall pay an annual license tax based upon the number and carry- ing capacity of vehicles used in the conduct of such business in the city as follows: (a) For each vehicle having a carrying capacity of two tons or more, the annual license tax shall be sixteen (5;16.00) dollars. (b) For each vehicle having a carrying capacity of one ton two to ns and not over4(the annual license tax shall be eight ($x$.00) dollars. (c) For each vehicle having a carrying capacity of not over one ton, the annual license tax shall be six (�n",'6.00) dollars. Section 1034. MARKETS Every person conducting, operating, or maintaining within the City, a market selling dry and green groceries, poultry, meats, fish, delicatessen and other articles usually sold in such place of business shall pay an annual license fee of seventy-five ($75.00) dollars, Section 1035. BARBER" SHOP._. Every person conducting, operating, or maintaining a barber shop shall pay an annual license fee of fifteen (4x15.00) dollars for the first two chairs and five (1,.5.00) dollars for each ad- ditional chair. Section 1036. SHOE REPAIR SHOP Every person conducting or maintaining a shoe repair shop shall pay an annual license fee of twenty-five ($25.00) dollars. -15- Section 1037. TEMPORARY BUSINESS Every person who engages in or conducts a business of selling or offering for sale any kind of goods, wares or merchandise whatever, where such business is not permanent shall pay a li- cense fee of fifty ($50.00) dollars per quarter year, or twenty- five ($25.00) dollars per week when taken out for a week or less. Section 1038. DRUG STORE SELLING VARIOUS OTHER ARTICLES Every person engaged in conducting the business of selling various and sundry articles in a drug store shall pay an annual license of thirty-five ($35.00) dollars in addition to the Drug Store License. Section 1039. PERMIT TO OPERATE A RESTAURANT No application for a restaurant license shall be issued unless the applicant therefor shall have made the premises where said restaurant is to be conducted conform in all respects with any and all requirements of the Fire Chief of the City, and also with the sanitary rules and regulations adopted by the San Mateo County Department of Public Health and GVelfare for the correct operations and maintenance of establishments in preparing and serving food, as such rules and regulations were adopted and promulgated as of December 24, 1946, and any amendments thereof hereafter adopted, which said rules and regulations are estab- lished pursuant to Section 26,450 and following sections of the Health and Safety Code of the State of California, as amended, particularly Sections 25,515 to 26,624, both inclusive, thereof. Evidence of compliance with said rules and regulations in the for of reports from the San Mateo County Department of Public Health and Welfare and from the Fire Chief of the City shall be pre- sented to the Collector before any such application for a permit to operate or conduct an establishment for the preparation and sale of food shall be granted. Whenever the San Mateo County Department of Public Health and Welfare and the Fire Chief, upon investigation of any premises where the preparation and serving -16- of food is conducted, report to and advise the City Council that such premises are in a condition which violates any of the rules and regulations established pursuant to Section 26,450 and follow- ing sections of the Health and Safety Code of the State of California, as amended, particularly Section 26,615 to Section 26,624, both inclusive, thereof, or any violation of any laws of the State of California pertaining thereto, or of any Ordinance of the City, as the same may hereafter be amended, the City Council may issue an order to show cause, upon five days written notice to the licensee, at the time and place fixed in said notice, why the license should not be revoked. If any such license shall b e revoked, neither the holder thereof nor any person acting for him directly or indirectly shall be entitled to another license to carry on or operate an establish went for the preparation and sale of food unless the application therefor shall be approved by the City Council. Section 1040. NEW AUTOMOBILE SALES AGENCY Every person owning, operating or conducting the business of selling, or offering for sale, new motor vehicles shall pay an annual license tax of one hundred ($100.00) dollars. The licensee hereunder is hereby permitted in addition to selling new vehicles, to conduct and operate a repair department, sell parts, accessories, oil, gasoline, wash and lubricate vehicles and to sell used motor vehicles; provided such used car sales are not conducted in more than one location. Section 1041. PARCEL DELIVERY SERVICE Every person owning, operating or conducting the business of parcel delivery service shall pay gn annual license fee of fifteen ($15.00) dollars and in addition thereto pay the vehicle license tax provided in Section 1033 hereof. Section 1042. HOTEL IE EPER Every person operating the business of conducting a hotel of less than 25 rooms shall pay an annual license fee of thirty-five ($35.00) dollars. -17- Every person operating the business of conducting a hotel of 25 rooms or more shall pay an annual license fee of fifty($50.00) dollars. Section 1043. AUCTIONEER Every person conducting the business of auctioneer shall pay a license fee of fifty ($G50.00) dollars for the first day during which he conducts an auction sale, and five ($5.00) dollars for each subsequent day; 'provided any person operating a storage warehouse, may conduct an auction to sell property held in stor- age to pay charges therefor without paying the license for an auctioneer; provided, further that such warehousekeeper shall, five (5) days before such auction sale, furnish to the License Collector a complete list of articles to be sold at such auction. Section 1044. PEDDLERS - SOLICITERS Every person_ who conducts the business of peddling or who offers for sale any goods then in his possession shall pay an annual license of one hundred and twenty (w120.00) dollars pay- able in advance; provided, however, that any person maintaining a regular route of established deliveries of food products shall pay an annual license of fifty ($50.00) dollars. As herein used the term "established delivery" means a delive of articles of food made by a person over a definite route of travel, serving regular customers and which route has been established for at least one year. Every person soliciting orders for sale, exchange or delivery of any goods not then in his actual possession, (excepting those who sell to merchants with a fixed place of business, for the purpose of r esale) shall pay an annual license fee of one hundred and twenty (1120.00) dollars, payable in advance. Section 1045. SEVERABILITY If any section, sub -section, sentence, clause, phrase, or por- tion of this Ordinance is for any reason held to be invalid or unconstitutional by the d ecision of a ny court of competent juris- 18- Idiction, such decision shall not affect the validity of the re - portions of this Ordinance. It is hereby declared that this Ordinance would have been adopted notwithstanding any section, sub -section, sentence, clause, phrase, or portion there- of, irrespective of the fact that any one or more sections, sub- sections, clause phrase or portions may be declared invalid or unconstitutional. Section 1046. PENALTY Every person guilty of violating any of the provisions of this Ordinance shall .,e punishable as provided in Section 101 of the Ordinance Code. Section 2 - This Ordinance shall be published once accord - to law and become effective on July 1, 1947. I, Herbert K. White, City Clerk of the City of Burlingame do ereby certify thatthe foregoing Ordinance was duly introduced t a regular meeting of the Burlingame 0ity Council held on May , 1947, and adopted at a regular meeting held on May 19, 1947, the following vote: AYES: COUNCILMEN: Dahl- Harris- Hunt- Simonds NOES: COUNCILMEN: None ABSENT COUNCILMEN: Whitsell