HomeMy WebLinkAboutOrd 1125ORDINANCE N0, 1125
AN ORDINANCE LICENSING THE TRANSACTION AND
CARRYING ON OF CERTAIN BUSINESSES, TRADES
AND PROFESSIONS, CALLINGS AND OCCUPATIONS
FOR THE PURPOSE OF RAISING MUNICIPAL REVENUE
The CITY COUNCIL of the City of Burlingame does ORDAIN as follows:
Section 1. Chapters 6.04, 6.08 and 6.16 of the Burlingame
Municipal Code are hereby repealed.
Section 2. Chapter 6.04 of the Burlingame Municipal Code is hereby
added to said Code to read as follows:
"CHAPTER 6.04
GENERAL LICENSE PROVISIONS
6.04.010 Purpose of Licenses.
It is hereby declared that the provisions of this title of the
ordinance code of the City of Burlingame are for the purpose of
revenue and not regulation..
6.04.020 Defiinitions.
For the purpose of this title, words and phrases used herein
shall be held to mean the following:
(a) PERSON. 'Person' includes all domestic and foreign corporations,
associations, syndicates, joints tock corporations, partnerships
of every kind, clubs, Massachusetts, business, or common law trusts,
societies, and individuals transacting and carrying on any business
in the City of Burlingame, other than as an employee.
(b) BUSINESS. 'Business' includes professions, trades, and occupations
of all &nd every kind of calling, whether or not carried on for
profit.
(c) FIXED PLACE OF BUSINESS. 'Fixed place of business' means the
premises occupied in the City of Burlingame for the particular
purpose of conducting a business thereat.
(d) NEWLY ESTABLISHED BUSINESS. "Newly established business' means
a business in existence and operation within
the `City for less
than three (3) months.
(e) EMPLOYEE. 'Employee'
shall
mean all
persons engaged in
the
operation or
conduct
of any
business,
whether as owner,
any
member or owner,
any
member
of owner's
family, partner,
agent,
manager, solicitor,
broker,
salesperson
and any and all
other
persons employed
or
working
in said
business.
6/24/77
10/7/77
2/7/78
4/7/78
e
(f) VEHICLE. Vehiclemeans every device in, upon or by which
any person or property is or may be transported or drawn
upon a public street or highway, except devices moved by
human power or used upon stationary rails or tracks.
(g) CITY: 'City' shall mean the City of Burlingame.
(h) COLLECTOR. 'Collector' shall mean the city license collector.
(i) CONTRACTOR. 'Contractor' means any person who undertakes to, or
offers to undertake to, or purports to have the capacity to
undertake to, or submits a bid to, or does himself or by or
through others, construct, alter, repair, add to, subtract
from, improve, move, wreck or demolish any building, highway,
road, parking facility, railroad, excavation or other structure,
project, development or improvement, or to do any part thereof,
including the erection of scaffolding or other structures or
works in connection therewith. The term contractor includes
subcontractor and specialty contractor.
(j) PEDDLER. 'Peddler' means any person not having a regularly
established place of business, who travels or goes from house
to house, or from place to place, and who sells and makes
immediate delivery, or offers for sale and immediate delivery,
any services, goods, wares or merchandise in his possession.
(k) SOLICITOR. 'Solicitor' means any person who travels or goes
from house to house, or from place to place, or in or along
the streets, taking orders for, or endeavoring to take orders,
for the sale, exchange or delivery of any services, goods,
wares or merchandise not in his immediate possession.
6.04.030 Evidence of Doinq business.
When any person shall by the use of signs, circulars, cards,
stationery, telephone books or newspapers advertise, hold out or
r e n r e s e n t that - - - - - - - - - - - - - - - - - - - - - - - - -
4/7/78 -2-
he is in business in the city, or when any person holds an active
license or permit issued by a governmental agency indicating that he
is in business in the city, or when any person makes a sale, takes
an order, renders a commercial service or performs any other
similar act within the city, and such person fails to deny by sworn
statement given to the collector that he is not conducting a business
in the city after being requested to do so by the collector, then
these facts shall be considered prima facia evidence that he is
conducting a business in the city.
6.04.040 License Reauired.
There are hereby imposed upon the businesses, trades, pro-
fess ions, callings and occupations specified in this ordinance license
taxes in the amounts hereinafter prescribed. No person shall transact
and carry on any business, trade or profession, calling or occupation
in the city without first having procured a license or without first
having paid to the city the license tax provided herein, 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.
The issuance of a license under this title shall not entitle
the licensee to engage in any business which for any reason is in
violation of any law or ordinance and shall not entitle the holder
thereof to carry on any business unless he has complied with all the
requirements under other ordinances of the city and all other applic-
able laws, nor shall it entitle the licensee to carry on any business
in any building or on any premises designated in such license in the
event that such business or premises are situated in a zone or locality
in which the conduct of such business is a violation of any law.
6.04.050. Contents of License
All licenses shall be prepared and issued by the license collector
upon payment of the sum to be paid therefor, and each license so
-3-
issued shall state upon
the face thereof
the following:
(a)
The name of
the person
to
whom
the license
is issued.
(b)
The kind or
kinds of
business
of the first
licensed
thereby.
(c)
The location
of such
business.
on
shall
add forty
(d)
The date of
the expiration
delinquent licenses.
of
such license.
(e)
Such other information
as
the
license
collector may
require.
6.04.060 License Tax: How Pavable.
All license taxes due hereunder shall be paid in advance, in
lawful money of the United States, at the office of the license
collector.
6.04.070 Terms of Licenses: Delinquency.
All license taxes due hereunder shall be due and payable, and
delinquent as follows:
(a) Daily
Annual
License.
first day of
Due
on its effective date and delinquent
at
5:00
Delinquent
p.m. of
due
date.
(b) Quarterly License.
Annual
Due on the
first day of
July,
October,
January and
first day
Delinquent
at 5:00 p.m.
on the
20th day
Anril.
July
of the first
month
in which the
quarterly license
at
is due.
(c)
Annual
License.
to all licenses remaining
Due
on
the
first day
of July and delinquent
of the amount of such
de-
linquent
licenses.
July
31st.
hour of 5:00 p.m, of
the
sixtieth
at
5:00
p.m.
on
The collector shall, at the hour of 5:00 p.m. of the thirtieth day
after licenses are
due and payable,
add
to all licenses remaining
unpaid a
penalty of
twenty-five per
cent
of the amount of such
de-
linquent
licenses.
Thereafter and
at the
hour of 5:00 p.m, of
the
sixtieth
day after
licenses are due
and
payable, the collector
shall
add forty
per cent
of the amount of
such
delinquent licenses.
6.04.080 Proration.
Flo proration of any license due hereunder shall be made for
any portion of the period for which a license is payable, except in
-4-
the case of a first annual license the tax may be prorated as follows:
(a) if the application is made during the quarter beginning July lst,
one hundred per cent (1000 of such fee shall be paid; (b) if the
application is made during the quarter beginning October 1st, seventy-
five per cent (75%) of such fee shall be paid; (c) if the application
is made during the quarter beginning January lst, fifty per cent (50%)
of such fee shall be paid; and (d) if the application is made during
the quarter beginning April 1st, twenty-five per cent (25%) of such
fee shall be paid. The date of commencement of business shall be
deemed the date of application whenever an application is filed after
the commencement of business.
6.04.090 Duration of License.
No license shall be issued for a period of more than twelve (12)
months.
No license
provided for in
shall
be
issued
shall
for any period
extending beyond
the 30th
day
of June
following
this ordinance,
provided
the issuance.
this section shall not
refer to
6.04.100 Limitations.
No greater or lesser amount of money shall be charged or received
for any
license tax than
provided for in
this
ordinance, and no
license
shall
be sold or
issued for any
period
of time other than
provided
for in
this ordinance,
provided
that
this section shall not
refer to
such
penalties as
are herein provided
for.
6.04.110 Branch Establishments.
Separate licenses must be obtained for each branch establishment
or location of the business engaged in, as if each such branch estab-
lishment or location were a separate business, and each license shall
authorize the licensee to engage only in the business licensed thereby
at the location or in the manner designated in such license; provided
that warehouses and distributing plants used in connection with and
incidental to a business licensed under the provisions of this
-5-
4/7/78
ordinance shall not be deemed to be separate places of business
or branch establishments.
6. 04.120 Duplicate Licenses.
Duplicate licenses may be issued by the license collector to
replace any license previously issued which has been lost or
destroyed upon the licensee filing an affidavit attesting to such
fact, and at the time of filing such affidavit paying to the
license collector the sum of two dollars ($2.00).
6.04.130 Transfer of Place of Business.
No licehse issued pursuant to this ordinance shall be trane-
ferred, except that when a licensee transfers his business from one
location to another within the city the license previously issued
may be amended to authorize the conduct of the business at the new
location.
6.04.140 License to be Conspicuousl Posted.
A71 licenses must be kept and posted in the following manner:
(a) Any licensee transacting and carrying on business at a
fixed place of business in the city shall keep the license
posted in a conspicuous place upon the premises where such
business is carried on.
(b) Any licensee transacting and carrying on business but not
operating at a fixed place of business in the city shall
keep the license upon his person or in his vehicle at all
times while transacting and carrying on such business.
6.04.150 Refunds.
No refunds will be made on any amount paid as a license tax.
excepL
in case of an error on the part of the city in the determina-
tion of the amount of the license tax,in the event of double payment
for a license,or in case of an illegally collected license tax.
Claims for such refunds must be made within inety (90) days of
issuance of the license.
-6-
4/4/78
4/11/78
6I04.160 Plication for Issuance of License.
Every person required to have a license under the provisions
of this ordinance shall make application for the same to the
license collector. Such application shall be a written statement
upon a form provided by such department and shall be signed by the
applicant under penalty of perjury, or sworn to by the applicant
before a person authorized to administer oaths. The application
shall set forth such information as may be necessary properly to
determine the amount of the license tax to be paid by applicant.
6.04.170 Application for First License.
Every person making application for a license shall pay to the
license collector the license tax for the business in which he is
engaged and a non-refundable application fee of twenty-five dollars
($25.00).
6.04.180 Applications Not Conclusive.
No applications shall be conclusive as to the matters set forth
therein, nor shall the filing of the same preclude the city from
collecting by appropriate action such sum as is actually due and
payable hereunder.
-7-
6.04.200 Determination of License Tax in Certain Cases.
If any person fails to apply far a business license, or, if
after demand therefor
has
been made by the license collector,
he
fails to file a corrected
application within fifteen (15)
days
after notification so
to
do, the license collector shall
determine
the amount of license
tax
due from such person by means
of such
information as he may
be
able to obtain.
6.04.210 Appeals.
Any person aggrieved by any decision of the license collector
with respect to the issuance or refusal to issue a license, or the
amount of a license tax, may appeal to the finance director by
filing a notice of appeal with him within fifteen (15) days of such
decision. The finance director shall fix a time and place for
hearing such appeal and the finance director shall give notice in
writing to such person of the time and place of hearing by serving it
personally or by depositing it in the United States Post Office,
postage prepaid, addressed to such person at the address appearing on
his last license or application. The findings of the finance direc-
for shall be served upon the applicant in the manner prescribed above
for service of notice of hearing.
6.04.220 Additional Power of License Collector.
In addition to all other power conferred upon him, the license
collector shall have the power, for good cause shown, to extend the
time for filing any required sworn statement for a period not exceed-
ing thirty (30) days in such case to waive any penalty which would
otherwise have accrued; and shall have the further power, with the
consent of the council, to compromise any claim as to amount of
license tax due.
04 230
License of New Business - Aooroval.
When any person applies for an initial license to conduct a
4/7/78 -8-
business at a place, building or premise located in the City, or a
license is transferred to a new place of business in the City, the
license collector shall first refer the application to the building
inspector, the fire chief, planner and health inspector of the city.
It shall be the duty of said officials to report to the license col-
lector whether or not the said place, building or premise, including
any incidental warehouse or distribution plants, can be used for the
purpose stated in the application. If it is reported that - - - -
10 -
the carrying on of such business will violate any law or ordinance
or jeopardize or constitute a menace to the public health or safety,
it shall be the duty of the license collector to refuse the issuance
or the transfer of the license.
6.04.240 Exemptions.
A. CHARITABLE AND NON-PROFIT ORGANIZATIONS.
The license provisions of this code shall not be deemed or
construed to require the payment of a license fee to conduct, manage,
or carry on any business, or require the payment of any license fee
from any institution or organization which is conducted, managed or
carried on solely for the benefit of charitable purposes or from
which profit is not derived either directly or indirectly by any
person, if such business is exempt from the payment of bank and
corporation taxes by Sections 23701(d) and 23701(e) of the Revenue
and Taxation Code, nor shall any license be required for the con-
ducting of any entertainment, concert, exhibition, lecture or scientific,
historical, 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 shall any 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.
-11-
ca
e�
B. INTERSTATE COMMERCE.
Nothing in this ordinance shall be deemed or construed to apply
to any person transacting or carrying on any business exempt by virtue
of the Constitution or applicable statutes of the United States or of
the State of California from payment of such licenses as are herein
prescribed. Such person shall file a verified statement with the
license collector setting forth all of the facts showing that he is
entitled to such exemption. The statement shall contain the name
and location 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 where 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. VETERANS.
Any veteran, as defined by Section 16001 and Section X689?
16001.5 of the Business and Professions Code of the State of Califor-
nia, shall be exempt from the payment of license fees for peddling
or soliciting upon presentation of proof of such exemption satisfactory
to the license collector.
D. MINORS, 16 YEARS AND YOUNGER.
Every natural person of the age of sixteen (16) years or under,
whose annual gross receipts from any and all businesses are four
thousand dollars ($4,000.00) or less, shall be exempt from payment
of any license tax under the provisions of this title.
E. SENIOR CITIZENS.
Every natural person of the age of sixty-five (65) years or over
whose annual gross receipts from any and all business are four
thousand dollars (.$45
000.00) or less, shall be exempt from payment
of any license tax under the provisions of this title.
2/7/78 -12-
6.04.250 Exclusions.
Except as may be otherwise specifically provided in this
title, the terms hereof shall not be deemed or construed to apply
to any of the following persons:
(a) Any public utility which makes payments to the City of Burlingame
under a franchise or similar agreement.
(b) Banks, including national banking associations, to the extent
that a city may not levy a license tax upon them under the
provisions of Article XIII, Section 16, Subdivision 1(a) of the
State Constitution.
(c) Insurance companies and associations to the extent that a city
may not levy a license tax upon them under the provisions of
Article XIII, Section 14 4/5 of the State Constitution.
(d) Any person whom the City is not authorized to license under any
law or constitution of the United States or the State of
California.
The license collector may require the filing of a verified statement
from any person claiming to be exempted or excluded by the provisions
of Sections
6.04.240
or 6.04.250,
which statement shall set forth all
facts upon
which
the
exclusion
is
claimed.
6..04.260 Substitute for Other Revenue Acts.
Any person required to pay a license tax for transacting and
carrying on any business under this title shall not be relieved
from the payment of any license tax for the privilege of doing such
business which has been required under any other ordinance of the
city, and shall remain subject to the regulatory provisions of such
other ordinance.
6.04.270 Effect on Past Actions and Obligations Previously Accrued.
Neither the adoption of this title, nor its superseding of any
portion of any other ordinance of the City of Burlingame shall in any
manner be construed to affect prosecution for violation of any other
ordinance committed prior to the effective date hereof, nor be con-
strued as a waiver of any license or any penal provision applicable
to any such violation, nor be construed to affect the validity of
-13-
any bond or cash deposit required by any ordinance to be posted,
filed or deposited, and all rights and obligations thereto apper-
taining shall continue in full force and effect.
6.04.280 Revocation
of
Licenses
- Nearing -
Subsequent
Application
for License.
Any license issued under the terms of this code may be suspended
or revoked by the city council whenever it shall appear that the
licensee has failed to pay the charges imposed by this title, 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 con-
ducting the business, trade, profession 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 title 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 days prior to the date
set for such hearing. Such notice shall also contain a brief state-
ment of the grounds to be relied upon for revoking, cancelling or
suspending such license. Notice may be given either by personal
delivery thereof to the person to be notified or by depositing it
in the United States Post Office in a sealed envelope, postage pre-
paid, 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
and may be thereafter heard, and upon due consideration and delibera-
tion by the city council the complaint may be dismissed or, if the
city council concludes that charges have been sustained and
-14-
substantiated, it may revoke, cancel or suspend the license of
the permitee, and the action of the city council shall be final and
conclusive and no appeal therefrom shall be had.
If any such license shall have been revoked, neither the holder
thereof nor any person acting for him directly or indirectly shall
be entitled to another license to carry on the same or any similar
business within the city unless the application for such license
shall be approved by the city council.
6.04.290 License Tax a Debt.
The amount of any license tax and penalty imposed by the pro-
visions of this title shall be deemed a debt to the City of Burlingame,
and any person carrying on any business without first having procured
a license from said city to do so shall be liable to an action in
the name of said city in any court of competent jurisdiction for the
amount of the license tax and penalties imposed on such business.
6.04.300 Both Criminal and Civil Action Authorized
for Failure to Pay License Tax.
The conviction of any person for engaging in any business
without first obtaining a license to conduct such business shall
not relieve such person from paying the license tax to conduct such
business, nor shall the payment of any license tax prevent a criminal
prosecution for the violation of any of the provisions of this title;
all remedies prescribed hereunder shall be cumulative and the use of
one or more remedies by the city shall not bar the use of any other
remedy for the purpose of enforcing the provisions hereof.
6.04:310 Effect of Pdistake
In no case shall any mistake made by the City in stating the
amount of a license tax prevent or prejudice the collection by the
City of what shall be actually due from anyone carrying on a business
subject to a license tax under this title.
6.04.320 Evidence of Liabili
In any action brought under or arising out of any of the
provisions of this title, or of any ordinance imposing a license
tax, the fact that a party thereto represented himself as engaged
in any business or calling for the transaction of which a license
is required, or that such party exhibited a sign indicating such
business or calling, shall be presumptive evidence of the liability
of such party to pay for a license for such business."
Section 3. Chapter 6.08 is hereby added to said code to read as
follows:
"CHAPTER 6.08
LICENSE TAXES
6.08.010 General.
For every person engaged in carrying on or maintaining any
profession, trade, occupation, calling or business, the license
tax shall be as set forth in the following sections.
6.08.020 License Taxes.
Every person conducting or carrying on the business consisting
of selling any goods, wares and merchandise or commodities, or
services, or conducting or carrying on any profession, trade,
occupation, calling or business not otherwise specifically taxed
by this chapter, shall pay an annual license tax of fifty dollars
($50.00).
6.08.030 Outside Business.
Every person not having a fixed place of business within the
City who engages in business within the City, including contractors,
shall pay a license tax of fifty dollars ($50.00) per year.
4/6/78 -16-
6.08.040 Subcontractors.
Every person conducting or carrying on the business of contractor
shall furnish the collector the names and addresses of all subcon-
tractors doing work aadfe�-€er•e#eh4nE-matew�als on each such con-
struction or work and the premises on which it is located.
6.08.050 Home Occupations.
Every person conducting a home occupation as defined by Section
25.08.35 of this code shall pay a license tax of $50.00 annually.
6.08.060 Motion Picture Theater.
Every person conducting or operating a theater for showing
moving pictures,or for the presentation of plays, musicals, operas,
operettas, revues or similar presentations of entertainment and
amusement, having a seating capacity of not more than one thousand
(1,000) persons, shall pay an annual license tax of $150.00, and
every person conducting or operating such a theater having a seating
capacity in excess of one thousand (1,000) persons shall pay an annual
license tax of $200.00.
6.08.070
Outdoor
Motion
Picture Theater.
Every
person
conducting,
managing, carrying
on or operating an
outdoor theater where moving or motion pictures are exhibited shall
pay the following annual license tax per screen:
Number of Stalls Fee
per Year
1 to 500 $150.00
501 to 750 200.00
751 to 1,000 300.00
1,001 to 1,500 400.00
In excess of 1,500 450.00
6.08.080 Amusement Devices.
In addition to an annual business license, every person con-
ducting a business of operating mechanical ®x amusement machines or
devices by requiring a coin, token or other substitute therefor to
2/7/78 -17-
be deposited therein, shall pay an annual license tax of $15.00 for
each machine.
6.08.090 Music Machines and Juke Boxes.
In addition to an annual business license, every person conduct-
ing, maintaining or operating any amusement device, machine, instrument
or apparatus for the purpose 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 per-
mitted 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 $10.00 for each device,
machine, instrument or apparatus.
6.08.100 P1ediums. Fortune Tellers and Others
Every person conducting, carrying on, practicing or professing
to practice. the business or art of astrology, palmistry, phrenology,
life reading, fortune telling, cartomancy, clairvoyance, clairaudience,
crystal gazing, hypnotism, mediumship, prophecy, augury, devination,
magic or necromancy, or any accult science, and who demands or receives
a fee for the practice or exhibition thereof at any place where an
admission or service fee is charged, or who practices or gives an
exhibition of his business or art free, or who practices or gives an
exhibition of his business as a bonus, prize or free with the sale
of any book or other articles, or who gives an exhibition thereof at
any place where any admission is charged or received, shall pay a
license tax of $100.00 per day in advance.
6.08.11Q Used Motor l,tehicInc
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 tax of $150.00.
-18-
:a
6.08.120 New Automobile Sales AQen
Every person owning, operating or conducting the business of
selling, or offering for sale, new motor vehicles shall pay an
annual license tax of $150.00. The licensee is permitted, in addition
to selling vehicles, to conduct and operate a repair department, sell
parts, accessories, oil, gasoline, wash and lubricate vehicles, and
to sell used motor vehicles. previded-saeh-eyed-ear-saes-are-wet
eewuaeted-}n-mere-thaw-ewe-;eeatiewc
6.08.130 Auctioneers.
Each person who has been granted a permit by the city council
to conduct the business of auctioneer in the City of Burlingame shall
pay a license tax of $100.00 for the first day during which he con-
ducts an auction sale, and $50.00 for each subsequent day; provided
any person operating a storage warehouse may conduct an auction to
sell property held in storage to pay charges therefor without paying
the license tax provided for an auctioneer; provided, further, that
such warehouse keeper shall, five (5) days before such auction sale,
furnish the license collector a complete list of articles to be sold
at such auction; and provided, further, that the provisions of this
code shall not apply to any of the following:
(a)
Judicial
sales.
(b)
Sales
made by
an executor or administrator.
(c)
Sales
made by
the City or any political sub-
division.
(d)
Sales
of real
property.
The foregoing provisions of this section shall not be applic-
able to any person or persons who conduct the business of auctioneer
aL
a fixed place of business within the City. To such person or
persons the license fee shall he $50:00 for the first day during
which he conducts an auction sale, and $5.00 for each subsequent
day.
2/7/78 -19-
6I08.140 Peddlers and Solicitors.
Every person who conducts the business of peddling or
soliciting
under a
license obtained
pursuant to Chapter 6.24
of this
code shall
pay an annual
license of $120.00 payable in
advance,
provided,
however, that
any person maintaining a regular
route of
established deliveries
of food products shall pay an
annual license
fee
of $50.00
As herein used the term 'established delivery' means a
delivery of articles of food over a definite route of travel,
serving regular customers and which route has been established
for at least one year.
6.08.150 Closing Out Sales.
The license fee for closing out sales under a license obtained
as
pursuant to Chapter 6.20 of this code shall be/established in the
following schedule;
If the applicant has been operating the business to be
closed out under a valid City of Burlingame business license far
(1) A period of six months or less prior
to the date the application is filed $ 700.00
(2) More than six months, but less than
two years 50.00
(3) More than two years 10.00
6.08.160 Fireworks and Christmas Trees.
Every person conducting or carrying on the business of selling
fireworks or Christmas trees shall pay a license tax of $50.00
annually, except where such business is conducted in connection
with another regularly established place of business for which
a license has been issued.
-20-
6.08.170 Curb, Street and Sidewalk Sign Painters.
For traveling from house to house or place to place for the
purpose of painting house or address numbers upon private real
property or an adjacent street curb; or for placing or maintaining
any number, figure, letter, carving, drawing, design or other
marking to identify the premises of any such property upon any
street, sidewalk or curb, the license tax shall be $10.00 per
person per quarter in addition to any solicitor's licenses which
may be required.
6.08.180 Rental Car Agencies.
Every person conducting or operating the business of renting
autos, trucks, or other vehicles for periods of thirty (30) days
or less, not in conjunction with an auto or truck sales agency or
automobile service business situated in the city, shall pay an annual
license tax of $300.00."
Section 4.
follows:
Section 6.16 is hereby added to said code to read as
"CHAPTER 6.16
AMUSEMENTS
6.16.010 Permit Required.
It shall be unlawful for any person, firm or corporation to
carry on within the city .any pool or billiard parlor or room, bowling
alley, museum, moving picture show, theater, circus, dance hall or
other place where the public is invited, either at a charge or without
charge, without first having obtained from the City a permit to carry
on said public amusement. The kinds of amusement as designated and
specified in this section shall for the purpose of this chapter be
4/6/78 -21-
known as a place of public amusement. The public amusement permit
shall
be
in addition
to
any
business license which may be required.
6.16.020
Inspection
and
Approval
All places of public amusement as defined in Section 6.16.010
shall conform to the health, fire and police laws of the city and,
where places of amusement are within enclosures, shall before opera-
tion receive inspection and approval of the health, fire and police
departments.
6.16.030 Fee Required.
All public amusements shall, upon application, pay an inspection
fee of $25.00.
6.16.040 Exemptions.
This chapter shall not apply to public fairs, carnivals or
fiestas, operated directly under the auspices of a public agency
or any fraternal or service organization of a benevolent character
where the proceeds are to be devoted principally to charitable
purposes.
6.16.050 Issuance of permit.
Upon application being filed with the City Council, it may
grant a permit or, if it appears upon the evidence produced that
it is for the best interest of the City that a permit be not issued,
it may deny the same. Upon the granting of a permit the applicant
shall receive a permit to carry on said public amusement for the
period specified by the City Council,
6.16.060 Revocation of permit.
If at any time the City Council should deem it for the best
interests of the City that any public amusement should not be con-
tinued under a permit already issued, the City Council shall order
the clerk to issue a notice to the party operating such public
amusement to appear before the City Council and show cause, if
-22-
any there be, why said permit should not be revoked and, if after
hearing it is the judgment of the City Council there is sufficient
evidence to warrant a denial or revocation of said permit, it may
deny or revoke said permit temporarily or permanently.
6.16.070 Card playing unlawful - Exceptions - Pena}t .
Except as otherwise herein provided, it shall be unlawful for
any person to conduct or maintain any premises in the City of
Burlingame for the purpose of playing any card games; nor shall
any person carry on, engage in or permit members of the public to
play card games in any premises in the City.
'ihe provisions hereof shall .not apply to any meeting place or
recreational rooms, the use of which is retricted to, and which is
exclusively used by, membprs of regularly constituted bona fide
non-profit fraternal associations, religious, civic, patriotic or
veterans' associations, societies, clubs or organizations or the
duly elected members thereof; provided, however, that said facilities
may be inspected by any police officers of the City when said premises
are used for such recreational purposes.
Any person violating any provision of this section shall be
guilty of a misdemeanor and upon conviction thereof shall be
punished as in this code provided.
Each day's continuance in violation of a provision of this
section shall be deemed a separate offense."
Section 5. Section 6.24.010 is hereby amended to read as follows:
"6 24.010 Application for license.
Any person, except as herein otherwise provided, and including
those holding a license issued under other chapters of this title,
desiring a license to peddle or solicit (except those who sell to
_23_
merchants with a fixed place of business for purpose of resale) shall
first make application therefor for license under this chapter by
filing with the license collector a sworn application in writing
(in duplicate) on a form to be furnished by the license collector
which shall give the following information:
(a) Name and description of applicant;
(b) Address - legal and local;
(c) A brief description of the nature of the business and the
goods to be sold;
(d) If employed, the name and address of the employer, together
with credentials establishing the exact relationship;
(e) The length of time for which it is desired to do business;
(f) If a vehicle is to be used, a description of the same, to-
gether with license number or other means of identification;
(g) A photograph of the applicant, taken within sixty (60)
days immediately prior to the date'of the filing of the
application, which picture shall show the head and shoulders
of the applicant in a clear and distinct manner;
(h) A statement as to whether or not the applicant has been
convicted of any crime, misdemeanor or violation of a
municipal ordinance, the nature of the offense and the
punishment or penalty assessed therefor;
(i) At the time of filing an application, a fee of twenty-five
dollars ($25.00) shall be imposed by the license collector
to cover the cost of investigation.
Section 6. This ordinance shall be published,as required by law.
Mayor
-24-
I, EVELYN H.
HILL, City Clerk
of the City of Burlingame,
hereby
certify that the foregoing
Ordinance was
introduced
at a regular meeting
of
the City Council held on
the 17 day of
April
1978, and was
adopted
thereafter at a regular
meeting of the City
Council
held on the l
day of
May 1978, by the
following vote:
AYES: COUNCILMEN:
Amstrup-Barton-Crosby®Mangin
NOES: COUNCILMEN:
None
ABSENT: COUNCILMEN:
Martin
City Cl crk
-25-