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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 Chapters 6.04, 6.08 and 6.16 of the Burlingame Municipal Code are hereby repealed.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-