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Ordinance 1186ORDINANCE NO. 1186 New Series AN ORDINANCE AMENDING SEC- TIONS 13-123, 13-191, 13-192, 13-193, 13-194, 13-196 13-198, 13-1910, 13-1911, 13-1915, 13-1�17, 13-1918, 13-1921, 13- 1923, 13-1924 13-1927 13-1932, 13-1933, 13-1936, 13-1939 , 13-1942 AND 13-1949 OF PART V, TITLE XIII, CHAPTER 1, OF THE ALAMEDA MUNICIPAL CODE; AND ADDING SECTIONS 13-111(r), 13- 1950, 13-1951 AND 13-1960 TO PART V TITLE XIII, CHAPTER 1, OF THE ALAMEDA MUNICIPAL CODE, AND REPEALING SECTIONS 13-1916, 13-1928, 13-1937 AND 13-1948 OF PART V, TITLE XIII, CHAPTER 1, OF THE ALAMEDA MUNICIPAL CODE, ALL RELATING TO BUSI- NESS LICENSES AND BUSINESS LICENSE FEES. BE IT ORDAINED BY THE COUN- CIL OF THE CITY OF ALAMEDA: That the following sections of Part V. Title XIII, Chapter 1, of the Ala- meda Municipal Code are hereby amended, added thereto and repealed as follows: SECTION 1. The following sections are hereby amended to read as follows: Sec. 13-123. DUTIES AND POWERS, (a) BUREAU. It shall be the duty of the Bureau of Licenses and it shall have the power to administer this chapter in accordance with the terms hereof. (b) COLLECTOR. It shall be the duty of the License Collector and he shall have the power to regularly and promptly require the licensing of all businesses to which this chapter ap- plies and to cause the collection of the fees therefor and the prosecution of 211 persons violating any of the provi- sions of this chapter. (c) GENERAL. The License Collector of the City of Alameda and his depu- ties and all license inspectors and employees of the Bureau of Licenses in the discharge and performance of their official duties, and all police officers shall have and exercise the power, and it shall be their duty: First: To make arrests for the viola- tion of any of the provisions of this chapter; Second: To enter free of charge at any time any place of business for which a license is required, and to demand the exhibition of such license for the current term from any person engaged or employed in the transac- tion of such business; and Third: To require the holder of any free license to write his signature for purposes of comparison with that ap- pearing on the original license; Fourth: To inspect all places of busi- nessoT other enterprise subject to the provisions of this Chapter to ascertain whether or not this chapter is being complied with. Said collector shall have the power to inspect the books or records of said business or other enterprise subject to the provisions of this chapter; Fifth: To perform such other duties, in addition to those specifically men- tioned herein, as may be designated by the Bureau of Licenses. Article 9. License Fees. See. 13-191. MANUFACTURING. Ev- ery person conducting, managing or a New Series mances Ordinance No. 1186 carryin g on the business of ship build- in g, repairing steel fabrication, foundry, , forging or the business of processing, fabrication compounding, r preparing for sale a n y article, commodity, pro- duct, substance or other thing not otherwise specifically licensed by this article or any other provisions of this code or any ordinance of the City of Alameda, shall pay an annual license fee based upon the average number of persons employed in such business according to the following schedule: For the first person employed $15.00 For the next nine (9) persons employed, per person ... ____ 3,00 For each additional person em- ployed _ ....... __ ____ 1 See. 13-192. WHOLESALING, JOB- BING, ETC. Every person conducting, managing or carrying on any whole- sale, jobbing, ship terminal or wharf- inger business, or conducting, manag- ing or carrying on the business of selling goods, wares, merchandise or other thing of value at wholesale, and not otherwise specifically licensed by this chapter or any other provisions of this article or any ordinance of the city. shall pay an annual license fee based upon the average number of persons employed in such business ac- cording to the following schedule: For the first person employed $15,00 For the next nine (9) persons employed, per person - ­ ­.. 3.00 For each additional person em- ployed 1.50 Sec. 13-193. RETAILING AND OTHER BUSINESSES NOT SPECIFICALLYLl- CENSED. Every person conducting, managing or carrying on any 'retail business, or conducting, managing or carrying on the business of selling goods, wares, merchandise or any article or thing of value at retail, and not otherwise specifically licensed by this chapter or any other provisions of this code or any ordinance of the city, and every person conducting, managing or carrying on any busi- ness that is not specifically licensed by this article or any other provisions of this code or any ordinance of the City of Alameda, shall pay an annual license fee based upon the average number of persons employed in such business according to the following schedule: For the first person employed $15,00 For the next nine (9) persons employed, per person 3.00 For each additional person em- ployed __ . .......... 1,50 Sec. 13-194. PROFESSIONAL - SEMI- PROFESSIONAL - CONNECTED BUSI- NESS. Every person or individual con- dupting, mani ng, carrying on, or being - occupied in any business or profession hereinafter < designated in this section, shall pay an annual li- cense fee in the amount so set out in this section: provided, further, that each licensee under this section shall pay an additional amount of $5.00 for each and every person employed by said licensee on a salary or commis- sion basis. It is the intent of this section that each and every person or individual engaged in the listed businesses or professions, whether such person be a principal, partner, associ- ate, or joint-venturer, shall pay the annual license fee set out. The businesses and professions re- ferred to above in this section are the following: Accountant ....- ._ ....... . ... ........._......._....... $ 15.00 Artist ...................... ............... ._......_._.. _ 15.00 Auditor ................. ._._....__.....--....__........ 15.00 Advertising Counsel .... ... 15.00 Appraiser .............. .__......._....... ........ 15.00 Architect ......--.._..._ .... ....... ......... ...__...... 15.00 Assayer .-- ................ ................ -.... 15.00 Attorney: Attorney at Law .......... 25.00 Patent Attorney ------------- __..... 25.00 Bacteriologist ... .- ............. ._..- .._... 15.00 Certified Public Accountant .......... 25.00 Chemist .....--- _. ------ _.- ....._._ .- _ ........ .. ...... 15.00 Chiropodist _....._. ....-.-_ ............ .........._ 25.00 Chiropractor . -------- ............... .......__._... 25.00 Collection Agency or Mercantile Agency ............ 15.00 Engineer: Civil Engineer _._. ... .... .__. __ -_ 15.00 Chemical Engineer ---------- 15.00 Consulting Engineer ........... 15.00 Hydraulic Engineer .......... ......_ -_..- 15.00 Mechanical Engineer ............._..... 15.00 Mining Engineer - .._ ------- _------------ 15.00 Electrical Engineer ... 15.00 Dentist .... .-------- ....... .. .. ----------- 35.00 Designer or Decorator ... ------- ............ 15.00 Draftsman _-- ...... . ............. .............. . - -__.. 15.00 Drugless Practitioner (provided, however, that this section shall not apply to persons who treat the sick through prayer or spiritual means) ...... 25.00 Electrologist --- ........... ............. 15.00 Engraver ............. ... _........... .............. . ----- 15.00 Geologist __. .......... ._......_.._._._- _-- ........ 15.00 Illustrator, or Show Card Writer 15.00 Insurance Adjuster or Claims Adjuster ..---...._. ..._ .................. .......... 15.00 Insurance Broker and Agents ... -. 25.00 Landscape Gardener or Landscape Architect _.__ ............................. 15.00 Lapidary .... ......................... ._.._._- __._.. 15.00 Lithographer ..................... ..... ------- ........ 15.00 Money Lender or Money Broker, or person engaged in buying or selling obligations .......... 15.00 Nursing Homes .....-- _ ........... .. .......... _. 15.00 Oculist ......_ ......... .............._.- -- ---- _....... 35.00 Optometrist .... ...... _............................... 25.00 Osteopath ........--- ...... ..... .......... ........... _- 35.00 Physician---_ ................ ...... ..._._.---.- -__.. 35.00 Real Estate Broker, Salesmen and Agents _....._... _.__ ____-- --- -- -..__.. 25.00 Surgeon .-......._ .......... 35.00 Surveyor ...... ............ _ - ................. - ---. 15.00 Taxidermist ........... 15.00 Veterinarian ............... ..._._... ...... .__. - -.. 25.00 Sec. 13 -196. ADVERTISING VEHI- CLES. Every person conducting the business of advertising by means of any vehicle containing amplifiers, phonographs, loud speakers, micro- phone, broadcasting radio or devices for public address and/or carries ad- vertising signs and which is used for announcing or advertising upon the streets or public grounds in the City of Alameda shall pay an annual li- cense tax of $100.00 per vehicle for a term ending twelve (12) months from the date of issuance of such license. See. 13 -198. AUCTIONEER. Every person conducting the business of an auctioneer shall pay a license fee of $25.00 per day in advance. Sec. 13 -1910. BAKERIES. Every per- son conducting a bakery business, or conducting the business of manufac- turing, selling or delivering bread, cakes, pastries or other bakery prod- ucts, shall pay an annual license fee as follows: 1st class: If such person conducts such business at a fixed place of busi- ness in the city or sells or delivers exclusively to wholesalers, jobbers or retailers in such commodities, said license shall be computed under Sec. 13 -191, 13 -192 or 13 -193; 2nd class: If such person neither conducts such business at a fixed place of business in the city nor sells or delivers exclusively to wholesalers or retailers in such commodities in the city, but sells at retail directly to consumers and operates by means of a regular system of delivery vehi- cles delivering directly to consumers over a fixed route or routes in said city, $15.00 for each vehicle used in said business for direct delivery to consumers in the city. If, in addition to making deliveries to consumers as aforesaid, said person also delivers any such commodities to wholesalers, jobbers or retailers in such commodities in the city, he shall Pay an additional annual license fee computed under Sec. 13 -191, 13 -192 or 13 -193, for each person employed in making deliveries of such commodities to wholesalers, jobbers or retailers. Sec. 13 -1911. BANKRUPT SALES. Every person conducting a fire, bank- rupt or wreck sale shall pay an annual license fee of $100.00 for a term end- ing twelve (12) months from the date of issuance of such license. Sec. 13 -1915 CIRCUS, CARNIVALS, FAIRS, ETC. Every person conducting, managing, or carrying on any transient circus, fair, carnival, ferris - wheel, scenic - railway, merry -go- round, swing, chute- the - chutes, open air amusement device, or other like or similar exhibi- tion or amusement in the City of Ala- meda shall pay, in advance, the follow- ing license fees: $100.00 per day of operation or frac- tion thereof, plus an additional $10.00 per day for each and every separate show, concession, attraction or exhibi- tion, every ride or amusement device of any kind, and any other attraction or exhibition where a separate admis- sion fee or any charge whatsoever is imposed upon the patrons of said attraction or exhibition, when any of the same is carried on or conducted in conjunction with said fair, carnival or other attraction hereinabove re- ferred to. No portion of any street shall be used for the purpose of conducting any circus, fair, carnival or other exhibition or amusement referred to in this section. Every person conducting, managing or carrying on any procession or pa- rade in connection with any of the above shows or exhibitions, and not having a license for any such show or exhibition within the City of Ala- meda, shall pay $100.00 for each such procession or parade. Sec. 13 -1917. DAIRIES. Every person conducting a dairy business or con- ducting the business of manufacturing, processing, bottling, distributing or selling milk, butter, cheese or other dairy products shall pay an annual license fee as follows: lst class: If such person conducts such business at a fixed place of busi- ness in the city or sells or delivers exclusively to wholesalers, jobbers or retailers in such commodities in the city, said license shall be computed under Sec. 13 -191, 13 -192 or 13 -192, 2nd class: If such person neither conducts such business at a fixed place of business in the city nor sells or delivers exclusively to wholesalers, jobbers or retailers in such commodi- ties in the city, but sells at retail directly to consumers and operates by means of a regular system of delivery vehicles delivering directly to con- sumers over a fixed route or routes in said city, $15.00 for each vehicle used in said business for direct de- livery to consumers in the city. If, in addition to making deliveries to consumers as aforesaid, said per- son also delivers any such commodities to wholesalers, jobbers or retailers in such commodities in the city, he shall pay an additional annual license fee computed under Sec. 13 -191, 13 -192 or 13 -193, for each person employed in making deliveries of such commodities to wholesalers, jobbers or retailers. Sec. 13 -1918. DRY CLEANING. Every person conducting the business of operating a dry cleaning establishment, or conducting the business of dry cleaning or dyeing or collecting or delivering dry cleaned articles shall pay an annual license fee as follows: 1st class: If such person conducts such business at a fixed place of busi- ness in the City or collects or 'de- livers dry cleaned articles exclusively from or to dry cleaners, said license fee shall be computed under Sec. 13 -193. 2nd class: If such person neither conducts such business at a fixed place of business in the city nor collects or delivers dry cleaned articles exclusive- ly from or to dry cleaners, but collects or delivers dry cleaned articles direct- ly from or to retail customers, and operates by means of a regular system of delivery vehicles over a fixed route or routes in said city, such person shall pay the sum of $15.00 for each vehicle used in said business for direct collection or delivery from or to such customers. If such person also collects or delivers dry cleaned articles from or to dry cleaners in the city, he shall pay an additional license fee computed under Sec. 13 -193 for each person em- ployed in making such collections or deliveries to such dry cleaners. Sec. 13 -1921. HANDBILLS. Every person conducting, managing or carry- ing on the business of distributing advertising handbills, dodgers, or samples, or other printed commercial advertisements, or commercial adver- tising matter of any kind, shall pay an annual license fee of $40.00. Sec. 13 -1923. HOME OCCUPATIONS. Every person conducting the business of cosmetology, dressmaking, fancy- work, millinery, needlework, washing or ironing of laundry, teaching of dancing or painting or of vocal or instrumental music, or maintaining an artist's studio, when such business or studio is conducted as a home occupa- tion and the annual gross receipts thereof are $1000.00 or less, shall pay an annual license fee of $2.00. Such fee shall not be prorated if issued after the beginning of the license term. For the purpose of this section the words "home occupation shall mean any such business which is conducted entirely within a' dwelling by a resi- dent thereof and which business is merely incidental to the residential use of such dwelling and no assistant is employed in connection with such business. Sec 13 -1924. HOTEL, OFFICE BUILD- ING, ETC. Every person conducting, managing or carrying on a hotel, office building, rooming house or apartment house shall pay an annual license fee of 50 cents for each and every room contained in any such building; pro- vided, however, not to exceed five (5) rooms used for the living quarters of the owner or manager of such ,prop- erty shall be exempt from the provi- sions of this section. For the purpose of this chapter the words "apartment house" and "hotel" shall be construed as defined in the "State Housing Act" of California. Sec. 13 -1927. LAUNDRY, AGENCY, ROUTE. Every person conducting the business of operating a laundry estab- lishment or conducting the business of laundering or collecting or delivering laundry, shall pay an annual license fee as follows: 1st class: If such person conducts such business at a fixed place of busi- ness in the city or collects or delivers laundry exclusively from or to laun- derers, said license fee shall be com- puted under Sec. 13 -193. 2nd class: If such person neither conducts such business at a fixed place of business in the city nor collects or delivers laundry exclusively from or to launderers, but collects or de- livers laundry directly from or to re- tail customers and operates by means of a regular system of delivery vehicles over a fixed route or routes in said city, such person shall pay the sum of $15.00 for each vehicle used in said business for direct collection or de- livery from or to such customers. If such person also collects or delivers 1?undry from or to launderers in the city, he shall pay an additional license fee computed under Sec. 13 -193 fnr each person employed in snaking suc!, collections or deliveries to such laun- derers. Sec. 13 -1932. PAWNBROKER. Every person conducting the business of a pawnbroker shall pay an annual h- cense fee of $100.00 for a term ending twelve (12) months from the date of issuance of such license. Sec 13 -1933, PEDDLER, SOLICITOR. Every person conducting the business of peddling any goods, wares, merchan- dise or other thing of value, or solicit - ing for the sale or taking orders for, or offering to sell or 'take, orders for such goods, wares, merchandise or other thing of value for present or future delivery, or for service to be performed immediately or in the fu- ture, and mot otherwise specifically licensed by this code or any ordinance of the City of Alameda, excepting newspapers, periodicals, and publica- tions, shall pay a quarterly license of $35.00 for each person employed in such business, for a term ending three (3) months from the date of issuance of such license. Sec. 13 -1936. SCISSORS GRINDERS, ETC. Every person conducting the business of grinding or sharpening scissors, knives, cutlery, Sawn mowers, or mechanical tools, when the person conducting said business travels from place to place or from house to house shall pay an annual license fee of $15.00. Sec. 13 -1939. TAXICABS, ETC. Every person conducting any business regu- lated by Chapter 1, Title VIL of this code, or any ordinance supplementary thereto, and hereinafter enumerated, shall pay an annual license fee as follows: (a) Taxicab business, $20.00 per pub- lic motor vehicle; (b) Motor Bus business, $40.00 per public motor vehicle; (c) Automobiles for Hire business, $20.00 per public motor vehicle. Sec. 13 -1942, TRANSPORTATION OF PROPERTY FOR HIRE. Except as otherwise specifically provided in this chapter, every person conducting or engaging in the business of driving or operating any vehicle used for the transportation of baggage, express, freight, household goods, merchandise, materials or property of any kind, for hire, and which such vehicle receives or discharges, picks up or delivers any of the aforementioned articles or prop- erty at any point within the City of Alameda, shall pay an annual license fee computed under Sec. 13-193 or an annual license fee of $15.00 for each vehicle used in said business in the city, whichever is the greater. See. 13-1949. VENDING MACHINES. Every person conducting the business of selling goods, wares or merchandise by means of vending machines in and upon or over and along any public street or alley, or other public place, or any place of business, shall pay an annual license fee based upon the average number of persons employed in such business according to the following schedule For the first person employed $15.00 For the next nine (9) persons employed per person ................. 1­1 3.00 For each additional person em- ployed _ .. SECTi6i�F follo w i ng , sections are hereby added to Part V, Title XIII, Chapter 1, of the Alameda Municipal Code and shall read as follows: Sec. 13-111 (r), PERSON. For the purpose of this chapter the word "person" shall be defined as every individual, partnership, joint-venture, corporation or other legal entity con- ducting or carrying on a business, profession, or other enterprise, or a portion thereof, within the corporate limits of the city of Alameda. See, 13-1950 GENERAL CONTRAC TOR,'- ROOFING CONTRACTOR, PAINTING NTCTOR, SEWE CONTRACTOR, CO PAVING CONTRAC- R TOR. Every person conducting the business of a general contractor, engi- neering or building, roofing contractor, painting contractor, sewer contractor or paving contractor as described by the Business and Professions Code of the State of California and the rules and regulations promulgated there- under shall pay an annual license fee based upon the average number of persons employed in such business according to the following schedule: For the first person employed $15-00 For the next nine (9) persons employed, per person ....... --- - 3.00 For each additional person em- ployed ___ --------_-------------------- ­­ 1.50 See. i�-1951. TELEPHONE COMPAN- IES TELEGRAPH COMPANIES. Every person conducting, managing or carry- ing on a telephone or telegraph busi- ness within the City of Alameda, or any combination thereof, and not otherwise specifically licensed by this chapter or any other provisions of this article or ordinance of this City, shall pay an annual license fee based upon the average number of persons em- ployed in such business according to the following schedule: For the first person employed $15.00 For the next nine (9) persons employed per person ...................... 2.00 For each additional person em- ployed ..................... __ ------------ _ °-........... 1.50 See, 13-1960. GENERAL. For the pur- pose of the operation and computa- tion of license fees under this chapter, whenever any person, subject to the provisions of Section 13-191 to Section 13-1959, inclusive, is managing, carry- ing on, or conducting a business, pro- fession, or other enterprise as a mer- cantile, manufacturing or business corporation, as defined by Section 14, Article XIII, of the Constitution of the State of California, then such busi- ness license fee shall be the greater of (1) an amount computed under the specific section pertinent to such busi- ness, profession or other enterprise; or, (2) an amount as an annual license fee computed as follows: For the first person employed $15.00 For the next nine (9) persons employed, per person .............. __ 300 For each additional person em- ployed ------ - __ ......... -- - 1.50 SECTION 3. The following sections of the Alameda Municipal Code, Part V, Title XIII, Chapter 1, are hereby repealed: Sections 13-1916, 13-1929, 13- 1937,'13 -1948. SECTION 4. This ordinance shall be in full force and effect on July 1, 1956. R. P. KRANELLY, Presiding Officer of the Council. Attest: SHIRLEY H. TENNIER City Clerk . . . I, the undersigned, hereby certify that the foregoing ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 19th day of June, 1956, by the follow- ing vote, to-wit: AYES: Councilmen Haag, Hove, Mc- Call, Moresi and President Kranelly (5) NOES: None. ABSENT: None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 20th day of June, 1956. (SEAL) SHIRLEY H. TENNIER, City Clerk of the City of Alameda. Publish June 21, 1956.