Ord 0283-LICENSING THE TRANSACTION AND CARRYING ON OF CERTAIN BUSINESSES, TRADES, PROFESSIONS, CALLINGS AND OCCUPATIONS, FOR THE PURPOSE OF RAISING MUNICIPAL REVENUEy P
i
AN` ORDINANCE LICENSIlvu lHEI TRANSACTION AND CARRYING
ON OF CERTAIN 3USINESSES, UR.ADES, rRQFESSIOIJS, CALLINGS
AND OCCUPATIONS IN THE 0u'~'IV OF LOS i'A`l'OS, FOR THE
PURPOSE OF RAISING I11UNICIPAL REVENUE AND PROVIDING
A PENALTY FOR THE VIOLATION THEREOF.
The Town Council of the Town of Los Gatos does ordain as
fol lows;
SECTION 1. DEFINITIONS
(a) Person. As used in this ordinance, 111,oerson" means
all domestic and foreiSn corporations, associations, syndicates,
Joint stock corporations, y-art-nersh.i-os of every kind, clubs,
I_assachusetts, business, or common law trusts, societies, and
individuals transacting and carrying on any business in the
Town of Los Gatos,
(b) Business. As used in this ordinance, "business" means
,professions, trades, and occupations and all and every kind of
calling carried on for profit or livelihood.
(c) Gross Ieceipts. As used in this ordinance, "gross
receipts" shall mean the total amount of the sale price of all
sales and the total amount charged or received for the performance
of any act, service, or employment of whatever nature it may be,
for which a charge is rude or credit allowed, whether or not such
service, act, or employment is done as a oart of or in connection
with the sale of materials, goods, wares or merchandise. Included
in "gross receipts" shall be all receipts, cash credits, and
property of any kind or nature, and any ar,qount for which credit
is allowed by the seller to the purchaser without any deduction
therefrom on account of the cost of the property sold, the cost
of the materials used, labor or service costs, interest ;;paid: or
payable, or losses or other expenses whatsoever. Excluded from
"gross receipts" shall be cash discounts allowed and taken on
sales, any tax required by law to be included in or added to the
purchase price and collected from the consumer or purchaser;
and such part of the sale price of property returned by purchasers
upon rescission of the contract of sale as is refunded either in
cash or by credit.
(d) Vehicle. As used in this ordinance, "vehicle" shall
mean and include 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
exclusively upon stationary rails or tracks.
(e) Collector, As used in this ordinance, "collector"
shall mean the Town Tax Collector.
(f.) City or Town. As, used in this ordinance, "City1° or
"Town" shall mean the Town of Los Gatos.
(g) Quarter As used in this ordinance, the work "quarter"
shall mean a period of three calendar months. The quarters
begin on the first day of January, April, July, and October of
eoh year. The guar ver' shall include fractions thereof.
(h) Wholesale Business. For the purpose of this ordinance,
the term "wh6lesale business" is defined to be every business
conducted solely for the nurpose.of selling goods, wares, or
merchandise in wholesale lots to retail merchants for resale at
retail to the tradeby said retail merchants.
(i) Jobbing Business. For the purpose of this ordinance,
the term "jobbing business" is defined to be every business
conducted solely fox the purpose of selling goods, wares, or
merchandise in job lots. to wholesale merchants for resale'at
wholesale to the trade by said wholesale merchants.
(j) Retail Business. For the purpose of this ordinance,
the term "retail business" is define: to be every business
conducted for the purpo.se.of selling, or offering to sell, any
goods, wares or merchandise, other than as a, part of a "whole-
sale business" and "jobbing.business", as hereinbefore defined.
(Y.) Fixed Place of Business, As used in this ordinance,
the words "fixed place of business" shall mean the premises
occuDised for the particular purpose of aonducting the business
thereat, and regularly kept open for that purloose with a competent
person in attendance for the purpose of attending to such busi-
ness.
SECTION 2. REVENUE IMEASURF.
This ordinance is enacted solely to raise revenue for
municipal purposes, and is not intended for regulation.
SECTION 3. SUBSTITUTE FOR OTHER REVENUE ORDINANCES
Any person required to pay a license tax for transacting
i'
and carrying on any business tender this ordinance shall 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 Town of Los Gatos, but shall remain subject' to the regulatory
provisions of such other ordinance. This section shale not apply
to inspection fees,
SECTION 4. EFFECT OF ORDINANCE ON PAST ACTIONS AND
I, OBLIGATIONS PREVIOUSLY ACCRUED
Neither the adoyQtion of this ordinance nor its superseding
of any portion of any other ordinance of the Town of Los Gatos
shall in any manner be construed to affect prosecution for
violation of any other ordinance committed prior to the effective
date hereof, nor be construed as a waiver of any license or any
penal provision applicable to any such violation, nor be construed
to affect the validity of any bond or cash deposit required by
any ordinance to be posted, filed, or deposited, and all rights
and obligations thereunto appertaining shall continue in full
force and effect.
SECTION 5. LICENSE REQUIRED
There are hereby imposed upon the businesses, trades, pro-
fessions, callings and occupations specified in this ordinance
license taxes in the amounts hereinafter prescribed, and it shall
be unlawful for any person to transact and carry on any business,
trade, profession, calling or occupation in the Town of Los
Gatos without first caving procured a license from said town
so to do or without complyi.nS with any and all applicable pro-
visions of this ordinance.
SECTION 6. BRANCH EST-~.BLISHIEMTS
A separate license must be obtained for each branch estab`
lishment or location of the business transacted and carried on
and for each separate type of business at the same location, and
each license shall authorize the.licensee to transact and carry
on only 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 t.6e provisions of this ordinance shall
not be deemed to be separate places of business or branch estab-
lishment.
SECTION 7. EXE1PTIONS
(a) Constitution or Statutes of the United States or of
the State of California. Nothing in this ordinance shall be
deemed or construed to apply to any person.transacting and carry-
ing on any business exempt by virtue of the constitution or applic-
able statutes of the United States or of the State of California
from the payment to municipal corporations of such taxes as are
herein prescribed.
(b) Other__Exemptions. The provisions of this ordinance small
not be deemed or construed to require the payment of a license
to conduct, manage, or carry on any business, occupation, or
activity, from any institution or organization which is conducted,
managed, or carried on wholly for the benefit of charitable
purposes or from which profit is not derived, either directly
or indirectly, by any individual, firm, or corporation; nor shall
any license be required for the conducting of any entertair.±ent,
concert, exhibition, or lecture on scientific, historical, literary,
religious, or moral subjects within the Town of Los Gatos, whenever
the receipts of any such entertainment, concert, exhibition, or
lecture are to be appropriated to any church or school or veteran
association, or to any religious or benevolent purpose; nor shall
any license be required for the. conducting of.any entertainment,
dance, concert, exhibition or lecture by any religious, charitable,
fraternal, educational, military, stat6, 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 organiza-
tion or association was formed, and from which profit is not
derived, either directly or indirectly, by any individual,"=firm,
or corporation; provided, however, that `nothing `in this section
shall be deemed to exempt any such organization or association
from complying with the provisions of any ordinance of the
•
E
Town of Los Gatos, requiring a permit from the Town Council or
any commission or officer to conduct, manage, or carry on any
profession, trade, calling, or occupation.
(c) Claim for Exemption. Any person claiming an exemption
pursuant to this section shall file a verified statement with
the Tax Collector stating the facts upon which exemption is
claimed.
(d) License. The Tax Collector shall, upon a proper show-
ing contained in the verified statement, issue a license to such
person claiming exemption under subdivision (b) of this section
without payment to the Town of the license tax required by this
ordinance,
(e) Revocation. The Town Council may revoke any license
granted pursuant to the provisions of this section upon informa-
tion that the licensee is not entitled to the exemption as pro-
vided herein.'
SECTION B. APPLICATIONS ,s CONTENTS OF LICENSE.
(a) Every person required to have a license under_tne pro-
visions of this ordinance shall make application for the same to
the Tax Collector of the Town of Los Gatos, and upon the payment
of the prescribed tax the Collector shall issue to such person
a license which shall contain (1) the name of the person to
whom the license is issued, (2) the business licensed, (3) the
place where such business is to be transacted and carried on,
(4) the date of the expiration of such license, and (5) such other
information as may be necessary for the enforcement of the provi-
sions of this ordinance.
(b) The application shall furnish all information required
to enable the Collector to properly classify the business of the
applicant, and determine the proper license to be paid by such
applicant. Each applicant for a license must properly fill in
one of such applications, sign the same and certify, under penal-
ties of perjury, that the contents thereof are true and correct;
or sign and swear to the same before the Collector, a Deputy
Collector, or some other person authorized to administer oaths.
The Collector and his Deputies and Assistants are authorized to
administer oats in all matters pertaining to the duties of their
respective offices. The completed applications shall be submitted
to the Collector wno shall compute the proper amount of the
license or registration fee, and on payment of the license or
registration fee, shall issue the appropriate license.
SECTION 9. 0TRITTEIN STATEMENT UPON APPLICATION FOR FIRST
LICENSE.
(a) Upon a person making application for the first license
to be issued hereunder, or for a newly established business, in
all cases where the amount of license tax to be paid is based upon
gross receipts or is graduated according to.some other sliding
scale, such person shall furnish to the Collector for his guidance
in ascertaining the amount of license tax to be paid by the applic-
ant, a written statement upon a form provided by the Collector,
signed by hire and certified under, penalties of perjury to be true
and correct, or sworn to before the Collector, his Deputies or
Assistants, or any person authorized to administer oaths, setting
forth such information as may be therein required and as may be
necessary properly to determine the amount of the license tax to
be paid by the applicant.
;b) If the amount of the license tax to be paid by the
applicant is based upon the amount of his dross receipts, he
shall estir,late the amount of his gross receipts for the period to
s
be covered by the license for the purpose of determining the
licensing; bracket wiaich will be applicable to him for the period
to be covered by the license to be issued. Such estimate, if ac-
cepted by the Collector as reasonable, shall be used in deteTmin-
ing the amount of license tax to be paid by tine applicant; pro-
vided, however, that the amount of the license tax so determined
shall be tentative only and such person shall, within thirty (30)
days after the expiration of the period for which such license was
issued, furnish the Collector with a certified or sworn statement
upon a form furnished - by the Sollector, containing the date re-
quired to show the licensing bracket properly applicable to such
person during the period of such license, and the license tax for
such period shall be finally ascertained and paid in the manner
provided by this ordinance after deducting from the payment found
to be due, the amount paid at the time such fit,.st license was
issued. The Collector shall not issue to any such person another
license for the same or any other business until such person shall
have furnished to him the written statement and paid the license
tax as herein required.
(c) if the amount of the license tax to be paid by the
applicant is graduated according to some sliding scale other than
gross receipts, the applicant shall furnish to the Collector for
his guidance in ascertaining the amount of license tax to be paid
by him, a certified or sworn statement upon a form provided by
the Collector setting forth suc=i information as may be therein
required and as may be necessary properly to determine the amount
of license tax to be paid by the applicant and which statement
shall show, among other things, the number of vehicles or tonnage
0
0
t?1el'eof, the dumber of seats, chairs, Z'oofns, tables or other
units used or involved in such person's business as of the time
of_filing such application. Such person shall thereupon pay the
required license tax in advance, computed in accordance with the
information contained in such statement.
(d) In all cases, the applicant shall upon filing his
applicatiln, pay not less than the prescribed minimum license
fee in advance, without being prorates., to cover the remaining
portion of the current license period.
SECTION 10. WRITTEN STATEIAENT UPON R.LNr;";VAL OF LICENSE.
(a) In all cases, the applicant for the renewal of a
license shall submit to the Collector for his guidance in as-
oertaining the amount of the license tax to be paid by the
applicant, a written statement upon a form to be orovided by the
Collector, sworn to before the Collector, his deputies or
:assistants, or by any person aut`_orized to administer oaths, or
certified under the woenalties, of perjury to be true. and correct,
setting forth such information concerning the applicant's
business during the preceding license -oeriod as may 'oe
required by the Collector to enable him to ascertain the
amount of the license tax to be paid by said applicant
pursuant to the provisions of this ordinance, and such
statement shall be used as the basis for determining t:4e
amount of license tax to be paid by the applicant for the
renewal period.
(b) Where the license to be paid under any section hereof
is based upon gross receipts, only one such statement need be filed
during any calendar year (unless the Collector requires a cor-
rected.statement to be filed) which statement shall be filed at
the time the first license is procured, as provided in Section 9
hereof; and thereafter on or before the 10th day of January of
each year.
SECTION 11. STATEMENTS NOT CONCLUSIVE.
No statement shall be conclusive as to the batters set fortr
therein, nor shall the filing of the same preclude the Town of
Los Gatos from collecting by appropriate action such sum as is
actually due and payable hereunder. Such statement and each
of the several items therein contained shall be subject to audit
and verification by the Collector, his Deputmes, or authorized
employees of the Town, who are hereby authorized to examine,
audit and inspect such books and records of any licensee or applic
ant for license as may be necessary, in their judgment, to verify
or ascertain the amount of license fee due.
All licensees, applicants for licenses, and persons engaged
in business in the Town of Los Gatos are hereby required.to permit
an examination of such books and records for the purposes aforesaid.
The information furnished or secured pursuant to this Section,
of Sections 9 and 10 of this ordinance, shall be confidential.
Any unwarranted disclosure or use of such information, by any officer
or employee of the Town of Los Gatos small constitute a misdemeanor
and such officer or employee shall be subject to the penalty pro-
visions of this ordinance.
~J
SECTION 12. FhILURE TO FILE STATLDiENTS OR. CORRECTED
STATE!vENTS.
If any person fails to file any required statement within
the time prescribed, or if, after demand therefor is made by the
Collector, he fails to file a corrected statement, the Collector
may determine the amount of license tax due from such person by
means of such information as he may be able to obtain.
In case such a determination is made, the Collector shall
give a notice of the amount so assessed by serving it personally
or by depositing it in the United States Postoffice at Los Gatos,
California, postage prepaid, addressed to the person so assessed at
his last known address. Such person may, within ten (10) days
after the mailing or serving of such notice, make 'application)
in writing to the Collector for a hearing on the amount of the
license tax. If Each applicatidn is not made within the time
prescribed, the Collector must cause the matter to be set for
hearing within fifteen (13) days before the Town Council. The
Collector shall give at least ten (10) days' notice to such per-
son of the time and place of hearing in the manner ;prescribed
above for the service of notice of assessment. The Council shall
consider all evidence produced and written notice of its findings
thereon, which findings shall be final, shall be served upon the
applicant in the.manner prescribed above for service of notice of
assessment. Such hearings may be continued from time to time by
the Council upon good cause-therefor being shown.
SECTION 13. APPEAL,
Any person aggrieved by any_decision ;of an administrative
officer or agency with respect to the issuance or refusal to issue
such license, may appeal to the Council by filing a notice of
i
appeal with the Town Clerk The Council shall thereupon fix a
time
and place
for hearing
such appeal.
The Town
Clerk shall
give
notice to
such person
of the time
and place
of hearing by
serving it.persona.lly, or by depositing it in the United States
Postoffice at Los Gatos, California, postage prepaid, addressed
to such person at his last known address.. Said hearing may be
continued from time to time by the Council upon good cause therefor
being shown.
SECTION 14. ADDITIONAL POIruER OF COLLECTOR.
In addition to all other powers conferred upon him, the
Collector shall have the power, for good cause shown, to extend the
time for filing any required sworn statement for a period not
exceeding thirty (30) days, and in such case, to waive any penalty
that 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.
SECTION 15. NO LICENSE TRANSFERABLE; AMENDED LICENSE FOR
CHANGED LOCATION,
No license issued pursuant to this ordinance shall be
transferable; provided, that where a license is issued authoriz-
ing a person to transact and carry on a business at a particular
place, such licensee may, upon application therefor and paying a
fee of One (;1.00) Dollar, have the license amended to authorize
the transacting and carrying on of such business under said license
at some other location to which the business is or is to be moved.
SECTION 15. UNEXPIRED LICENSE HERETOFORE ISSUED.
Where a license for revenue purposes has been issued to any
business by the Town of Los Gatos and the tax paid therefor under
the provisions of any ordinance heretofore enacted, and the term
•
•
of such license has not eXpired, then the unexpired portion of
such license tax shall be credited against the amount of license
tax due hereunder for the same period.
SECTION 17. DUPLICATE LICENSE.
A duplicate license may be issued by the Collector to replace
any license previously issued hereunder, 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 Collector a duplicate license fee of One ($1.00) Dollar.
SECTION 18. POSTING AND KEEPING LICENS9S.
All 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 Town of Los Gatos 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 oz business in the Town of Los
Gatos shall keep the license upon his person: at all times while
transacting and carrying on such business, or if issued under
Section No. J of this ordinance, then the license shall be
displayed prominently in the vehicle.
SECTION 19. LICENSE TAX--HOW AND 'v"VHEN PAYABLE.
Unless otherwise specifically provided, all annual license'
taxes under the provisions of this ordinance shall be due and
payable in advance on the end day of January of each year, pro-
vided, further, that annual license taxes covering new operations
Comm enced after the first day of January shall be due and
payable in advance at the time of filing the application.
i
Except as otherwise herein provided, license taxes, other
-han annual, rec-tuired hereunder, shall be due and payable as
follows:
(a) semi-annual license taxes on the 2nd,day of January
and the 1st day of July of each year in advance;
(b) quarterly license taxes on the 2nd day of January,
and the lst day of July and October of each
year in advance;
(c) Jonthly license taxes on the lst day of each and
every month in advance;
(d) 'veekly license taxes or? !Monday of each week in
advance;
(e) Daily license taxes each day in advance.
All licenses issued 111-ereunder shall expire, unless renewed,
on or before the date on which the license tax is payable nex-t
succeeding; the issuance or last renewal of such license.
SECTION 20. PENALTIES FOR. FAILURE TO PAY ',r'AX VYHEN DUE.
For failure to pay a license tax when due, the Collector
shall add a penalty of ti,17enty-five (25%) per cent of said license
tax on the last day of each month after the due date thereof,
providinE that the emount of such penalty to be added shall in
no event exceed fifty (506) per cent of the amount of the license
tax due, and no license shall be issued to or renewed for any ap-
plicant who is delinquent in the payment of such license tax or
penalty until such license tax and penalty are both paid in full.
SEC T I0~ 21. UN 11j .,,V FUL EUSINESSES.
No license issued under tw:e provisions of this ordinance
shall be construed as authorizing the conduct or continuance of
any illeSal or unlawful business.
SECT-ION 22. RATE CF TAXES,.
Every person transacting; or carrying or any business other
than those enumera sect in Sections 23 to 57 inclusive,
shall pay an anr_uc-L license tax based upon the dross receipts
resulting from the operation of siich business in accordance with
the f ollowin6 scale:
If Annual
gross eceil-ts are:
Tree License
At Least:
But Less than:
Tax Is:
0
5)000
15.00
5, 000
10)000
17.50
10,000-
15,000
20.00
15,000
20,000
22.50
203000
25)000
25.00
25,000
30,000
27.50'
30,000
35,000
30,00
35, 000
4.02000
32.50
40,000
451000
35.00
45,000
501000
37.50
50,000
551000
40.00
552000
60,000
42.50
60,000
65,000
45.00
60,000
70,000
47.50
70,000
753000
50.00
75,000
80,000
52.50
80,000
851000
55.00
85,000
90,000
57.50
.01 0,000
952000
60.00
95,000
100,000
62.50
1002000
3253000
70.00
1255000
"-150;000
77.50
150,000
175,000
85.00
175,000
200,000
92.50
200,000
2251000
100.00
2251000
2050;000
107.50
250,000
275,000
115.00
2753000
300,000
122.50
300,000
326,000
130.00
Z,25,000
350,000
137.50
350)000
375,000
145.0
0
, "75,1000
400>000
_
152.50
X00,000
425.1000
1b0.00
425, 000
450'$ 000
16.7.50
450,000 4751000 - 1755. 00
4752000 500,000 182.50
500,000 and over 190.00
SECTION 23.
Every person transacting and carrying on a wholesale or
jobbing business shall pay an annual license tax, based upon the
gross receipts resulting from the operation of such business,
in accordance with the following scale.
If Annual Gross Receipts Are,
i
The License
At Least: But Less Titan: Tax Is:
0
1002000
25.00
1005000
200,000
37.50
2001000
300,000
62.50
300,000
4002000
87.50
400,000
500,000
112.50
5002000
600,000
137.50
6002000
800,000
175.00
800,000
1,0002000
225.00
120002000 and over
250.00
SECTION 24.
Every person carrying
on the busines
s of manufacturing shall
pay an annual license tax,
based upon the
gross receipts result-
ing from the ooeration of
such business,
in accordance with the
' following scale:
If Annual
Gross Receipts Are:
The License
At Least:
But Less Than:
Tax Is:
wo . 0
1001000
25.00
100,000
200,000
37.50
200,000
3003000
62.50
3001000
400,000
87.50
400,000
5001000
112.50
500,000
600,000
137.50
600,000
800,000
175.00
800,000
1,000,000
225.00
1,000,000
and over
250.00
If any person carrying on the business of manufacturing
shall also engage in the retail business, whether selling products
manufactured by him or not, he shall also be required to obtain
a license and pay the tax specified for such retail business,
in addition to the license specified herein, provided that any
person engaged in the business of manufacturing shall not be
required to obtain a license in addition to his manufacturer's
license
to
engage in
the wholesale or 'obbing business with
respect
to
products
manufactured by him.
SECTION 25.
Every person transacting or carrying on the business of
general engineering or building contractor, or plumbing,
plastering, painting, electrical or roofing contractor., brick
and cement work, termite control or other specialty contractor,
shall pay an annual license tax in advance of ,50.00.
If any person transactinb the businesses enumerated in
this Section shall carry on a retail, wholesale or jobbing; busi-
ness, or any other business,. he shall be r uired to obtain a
license and pay the tax specified for such other business, in
addition to the license siDecified herein.
SECTION 26, ADVERTISING
Every person transacting and carrying on the businesses
herein enumerated shall pay license taxes as follows:
(a) Bill Posting and Sign Advertising. Every person
carrying on the business of bill posting and sign advertising by
means of billboards, advertising; signbcards, or electric signs,
Fifteen 015,00) Dollars semi-annually, and, in-addition, one
(10) cent for every square yard of the front surface area of all
billboards, signboards or electric signs used for advertising
purposes oy such person at the time of the filing of the verified
statement required by Sections ° and 10 hereof, provided that
nothing in this Section contained shall be deemed or construed
as applying to the owners of real estate, or their agents, in
advertising their property for sale or lease by means of bill-
boards or advertising signboards located upon the property
advertised for sale or lease by such billboards or advertising
signboards; nor to any person having a fixed place of business
in the Town of. Los Gatos advertising his own business, goods,
wares, or merchandise 'by the use of his own labor,, > equipMent,
and materials.
(b) Every person engaged in or carrying on the business of
a peddler of medicine, who calls attention to his wares or adver-'
tiles the same by the use of music, entertainment, speech, fancy
or grotesque dress, or other device in or upon any public street,
alley, or other public place, doorway or any room or building,
uninclosed or vacant lot or parcel of land, whether the actual
sale of such commodities is made upon such premises, or elsewhere,
Twenty Five ($25.00) Dollars per day.
(c) ,,very person carrying on the business of advertising
by means of sandwich boards, placards, signs, banners, etc., which
may be carried by persons or anirarals, One (41.0) collar per day,
with a maximum of Two and 50/100 (:2.50) Dollars per week for
each person or animal so employed.
(d) Every person carrying on the business of advertising
by means of operating upon or over the streets of the Town of Los
Gatos, any wheeled vehicle or flying machine equipped with si gns,
placards or banners, or with music or a musical device, or loud
speaking equipment for attracting attention, Fifty ($50.00)
Dollars semi-annually in advance for each veAcle or machine
so used.
(e) Fence and Post Signs. For every person engaged in the
business of posting, sticking, t~.cking, fixing, parenting or
stenciling any sin or any character upon any post, fence, build-
ing or other structure, except billboards or advertising sign-
boards, One Hundred ($100.00) :Collars per annum in advance per
person so engaged.
(f) Every person carrying on the business of advertising
0
i
by means of a stereopticon, biograozi, Tlovinc picture, or any
similar device, Fifty (450.00) Dollars seaA-annually for each
such machine or s1mila.r device; provided, however, teat
nothing in this Section contained small be deeded or construed
as applying to theaters operating under a theater license.
SECTION, 27. A.1wUSL, ji TS. Every person transacting and
carrying: on the businesses herein enumberated shall pay a,
license tax as follows:
(a) -ovie Theaters and Concert Halls. Every person
carrying on the business of conducting a. concert hall, or
a theater containing a permanent stage upon which movable
scenery and theatrical appliances are used, where regular
theatrical or vaudeville performances are given and to
srrhich an admission fee is charged, collected or received,
or conducting a moving picture thea per where moving or
motion pictures are exhibited and an admission fee is charged,
collected or received, snap pay an annual license tax ec,ual
to Twenty (20¢) Cents tier seat.
(b), Every person engaged in the business of carrying on any
tLeatrical or vaudeville performance in any pudic hall, clue room,
asser_'iely hall or theater tJnere ?.ovable scenery and tieatri cap.
appliances are used, whetiner or not an admission fee is charged,
shall pay a license tam of Ten (=10.00) Dollars Ayer day, provided
that nothing in this Section contained shall be deemed or construed
to require the holder of a theater license to'procure any additional
license to conduct, maintain, or carry on any theatrical or vaude-
i
ville performance when such performance is conducted at any such
theater so licensed.
(c) Circuses. Every person engaged in the business of
conducting a menagerie, circus, dog and pony show, or any other
show held in a tent or under canvas cover, shall pay a license
tax of One Hundred ($1.00.00) Dollars for the first day, and Twelve
and 50/100 ($12.50) Dollars for each succeeding day, where the
seating capacity is less than two thousand (2000), and One Hundred
Fifty (.A50.00) Dollars for the first day and Twenty-Five ($25.00)
Dollars for each succeeding day= where the seating capacity is
more than two thousand (2000). Every person engaged in the business
of conducting, managing or carrying on a side show, or after show
to a circus, when a separate fee not exceeding Ten (100) Cents
is charged, shall pay a license tax of Five ($5.00) Dollars per day
for each side show or after show. Every person carrying on the
business of conducting, managing or carrying on a side show or
after show to a circus when a separate fee exceeding I'en (100)
Cents is charged shall pay a license tax of Ten (2'10..00) Dollars
per day for each such side show or after show. Every person carry-
ing on the business of conducting or mlanaging a circus procession
or parade and not having a license for conducting, managing or
carrying on a circus within the limits of the Town of Los Gatos,
shall pay a license tax of Fifty 050.00) Dollars for each such
procession or parade.' For the purpose of this Section, a "Circus"
is hereby defined. to be an exhibition or entertainment at which
feats of horsemanship, acrobatic feats, and trained or wild animals
are exhibited or displayed in the Town of Los Gatos, to which
exhibition or entertainment an admission fee is charged, and which
exhibition or entertainment is conducted, or managed or carried on
by a person having no regular established or fixed. place of busi-
ness in the Town of Los Gatos, ..or the exhibition thereof. No
license small be required under this subdivision when twenty five
(25,~).per cent of the gross proceeds realized from the operation
of the businesses referred to in this subdiVIsior~ is devoted to and
actually paid for any of the purposes enumerated in Section 7 (b)
hereof.
(d) Carnivals. Every person engaged in the business of core-
ducting, managing or carrying on a carnival, whether conducted by
Ule owner, lessees, or managers thereof, or under the auspices of
any lodge or society, shall pay a license tax of '?en (..;:10.00)
Dollars per week, or portion of week, for each show, e1_hib i tion
space or concession. For the urpose of this Se ction,"Carnival"
shell be and is defined to r.:,ea.n a collection of s.lown, exhibitions,
seats of strength, merchandise booths, games of skill, fortune
telling, games of cr~ance, wheels of fortune, presented or offered
upon the streets or vacant property wtt-hin the Town of Los Gatos,
other than circuses or side shows, or after snows as specified in
subdivision (c) of this Section.
(e) Arcade. Every person engaged in the business of conduct-
ing, mana-_.ing or carrying on an arcade shall pay a semi-annual
license tax of Twenty-Five ($25.00) Dollars. For the purpose of
this Section, an "Arcade" is defined to be one general enclosure
in which is conducted the business of operating amusement machines,
such as coin operated mechanical amusement devices, pin-ball
machines, phonographs, kinetoscopes, projectoscopes, muscle testing
machines, galvanic batteries, lung testing machines, weighing
•
0
mmohines, or any other instrument or izachine of like character
having for its purpose te entertainment, education or amusement
of the patron of such business. Tire license tax 'ierein prescribed
(f)
shall be in addition to the taxes prescribed in subdivisions
and \O) hereofe
(f) Coin Operated Phonographs or :uric Loxes. Every person
using or per:ii.tting to be used upon his. premises any machine,
device, or apparatus, the operation or use of maici is permitted,
controlled, allowed or made possible by the ce)osit or placing of
any coin, -plate, disc, slug or hey into any slot, crevice or
other opening or by the payment of any fee or fees for ti=e purpose
of producing music, shall pay an annual license tax of Fifteen
(415.00) Dollars for each such machine.
(g) Every person using or peru.itting to be used upon his
1 -I-bed
than escI?
premises any .machine, device or ap-paratus, othe •
in subdivision (f) hereof, and such as is r:ertionea and described
in subdivision (e) hereof, sl2.all pay an annual license tax of
Twenty Five (425.00) Dollars for each such iiiachine.
(h) I'Leplacement Fee. In the event any machine mentioned
in this Section, upon which an annual license .has been
obtained from the Town of Los Gatos, is removed during the year
for which said license is in effect, upon surrender of the
license and the payment of a fee of One 01.00) Dollar, a license
will be issued to cover any machine brought in to replace such
machine so removed.
(i) Dances. Every person carrying on the business of
conducting public dances at ti~ihich an admisdon fee is charged,
collected or received, shall pay a license tax of Five 05.00)
0
0
Dollars for each dance with a maximum of Twenty Five (,,25.00)
:collars per quarter; provided, however, that should 1-11ore than
twelve such dances be conducted by such person during any one
quarter, then he shall pay, in addition to all otaler license
taxes required to be paid nereundew°, tiie sum of Five (;5.00)
Dollars for each such dance held during a single quarter in excess
of twelve.
(j) Each astrologer, fortune teller, medium, clairvoyant
or palmist trm-.sacting or carrying on a business as such shall
- pay a se ii-annual license tali of Seventy Five 075.00) Dollars
and it shall be unlawful to transact or carry on said business
without having a fixed place of business.
SECTION 28. A",'7H~ETIC C ~NTLSTS.
Every person transacting and carrying on the businesses
herein enumerated, snail pay an annual license tax as follows:
(a) Endurance Contest. Every person carrying on the bu.si-
ness of promoting any endurance contest or exhibition which is to
last for more than one week, such as endurance contests in danc-
ing, walking or other siizi.lar contests or exhibitions, shall pas,
a license fee of Five Hundred ( ?500.00) Dollars per month, or
fraction thereof, in advance.
(b) :Boxing and Vvrestling !,,latches. Every person In the
business of conducting, managing or promoting a boxing or
;*rrestling exhibition where an admission fee is charged, collected
or received, shall pay a license tax of Ten (:;;10.00) :collars for
each such e1>hibition with a 1~axir.qu.:1 of One Hundred (;)300.00)
:Dollars -oer year, where the seating capacity is one thousand (1000).
or less, and Ten 10,.00) Dollars additional for each ex.hibiti on
with a rnaximurn of one Hundred (6100.00) Dollars additional per
year, for each one thousand (1000) seats, or fraction thereof,
in excess of one thousand (1000) seats,
SECTION 29. AUCTIONEERS. Each auctioneer shall pay a semi-
annual license tax of Twelve and 50/1.00 (;ri,12.50) Dollars.
SECTION 30. AUT0111iOBIL.ES AN'D AETTC COU NTS. Every person
transacting and carrying on the businesses herein enumerated
shall pay an annual license tax as follows:
(a) Auto iientals. Every person engaged in the business of
renting autos, trucks, or other vehicles without drivers, shall
nay a semi=annual license tax of Twelve and 50/100 012.50)
Dollars per vehicle.
(b) Auto Courts. Every person engaged in the business of
'conducting an auto ca_np, motor court, motel, auto trailer ca.C'10,
or similar business at which cabins or rooms or sleeping accom-
rnodations or stalls for the. parking of trailers are rented,
shall pay a semi-annual license tax of Twelve and 50/100 (,12.50)
dollars where there are ten (10)_or less units in such business,
and an additional semi-annual license.tax of One 0 1.00) Dollar
for each unit above ten (10).
SECTION 31. BILLIARD AND POOL 1=iOO11S. Every person in the
business of operating, conductins or maintaining a billiard or
pool room or other game tables, shall pay an annual license tax
of Twelve (4;12.00) Dollars for each billiard, pool or other game.
tale operated or maintained by hire; provided that if such ;person
shall conduct some other type of business in addition to the
conduct, maintenance and operation of such billiard, pool or other
game tables, whether or not such other business, is conducted upon
t.1e same premises, he shall be required to obtain a license and
pay the tax specified for such other business in addition to the
license and tax specified r,.eein.
SECTION 32. BOA1tDINCT riUUSES. Every person engaged in the
business of operating a boarding house shall pay an annual
license tax of Five 05.00) Dollars for the first four (4)
boarders and an additional annual license tax of One
Dollar for each person over four (4). For the purposes of
this Section, "Boarding House'' shall refer to an establishment
where meals are regularly served or provided for regular` boarders
as distinguished from a rooming 11-Louse where rooms only are
provided, or a hotel, where transient guests and the general
Any person required to obtain a license
bublio are accommodated.
pursuant to the provisions of this Section shall not be required
to obtain a
0
0
further license for the operation of a hotel or rooming house
on the same premises, provided that any person licensed by the
State, County or other Political Subdivision as a boarding house
for pensioners and who boards pensioners exclusively, shall not
be required to obtain a license hereunder.
SECTION 33. BOWLING ALLEYS. Every person, en!.; in the busi
ness of. conducting, managing or carrying on a public bowling. alley
shall pay an annual license tax of Twenty-Five ($25.00) Dollars
for each such alley, provided, however, that if such person shall
also carry on any other business in addition to the operation
of said botnrling alleys, whether or not said other business shall
be on the same premises, he shall be required to obtain a license
and pay the tax specified for such other business in addition to the
license and tax specified herein.
SECTION 34. BROKERS AND AGENTS. Every person transacting or
carrying on the business of broker _or agent shall pay an annual
license tax of Twenty-Five ($25.00) Dollars.
SECTION 35. CARD WRITERIS STAND. Every person engaged in
the business of conducting or 'operating a card writer's stand in
or upon any public street, alley, or other public place, doorway
of any room or building, for the writing or printing of any cards,
invitations or announcements, shall pay a license tax of Five ($5.00)
Dollars per month in advance.
SECTION 36. FERRIS WHEELS, L ERRY--GO-ROUNDS AND SI VIILA:, DEVICES.
Every person engaged in the business of conducting, managing or
carrying on a Ferris wheel, merry-go-round, scenic railway, swing,
vihirling airplanes, or similar -device where a fee is charged or
collected for carrying any persons thereon, shall pay a license
tar of Fifty ($50.00) Dollars per. month in advance. For every
person engaged in the business of conducting, managing or carrying
on any ferris wheel, merry-go-round., scenic rail way, ,swing, whirl-
ing airplane, or similar device where a fee is charged or collected
for carrying any persons thereon, and where the same is erected
in any public park or amusement parr in the Town of Los Gatos, shall
pay a license tax of Seven and 50/100 ($7.50) Dollars per quarter,
provided that if such device is a part of a circus or carnival
and a license for the conduct of such circus or carnival has been
obtained as required hereunder, no separate license shall'be re-
quired for the conduct of the devices referred to herein.
SECTION 37. FIRE, AND 'VVREOX SALES Every person engaged in
the business of conducting, rnaria irig, or carrying on a fire sale
or wreck sale shall pay a license tax of One Hundred ($100.00)
Dollars per month in advance., For the purposes of this Section,
a "Fire or Wreck Sale" is defined to be and include the sale of
goods, wares, or merchandise salvaged from a fire, wreck, or other
calamity, or a sale of goods,ware,s, or merchandise advertised as
a fire or wreck sale; provided, however, that no license shall be
required under the- provisions of tilis Section for the sale of mer-
chandise salvaged from any fire, wreck or other calamity occurring
in the Town of Los Gatos.
SECTION 38. HERB DOCTORS. Every person carrying on the busi-
ness of herb doctor, or selling or disposing of medicinal herbs,
or employing herbs in the treatment of human beings for sickness
or disease, and having a fixed place of business, shall pay a semi--e-nnual
license tax of Fifty 450.00 Dollars.
SECTION 39. HOSPITALS. Every person carrying on the business
of conducting, managing or operating a hospital, rest home, sani-
tarium, convalescent home, or other similar establishments or
institutions, oh.all pay a semi-a.,nual license tax of (a) Twelve
and 50/100 (.,;12.50) Dollars or (b)One ($1.00) Dollar per bed;
whichever is larger, provided,,r.Lowever, that any such hospital
or sanitarium, which may be conducted of carried on by the Town
of Los Gatos or any other Political Subdivision, shall be exempt
from the payment of the license tax specified herein.
SECTION 40. HOTELS AND HOOKING HOUSES. Every person carry-
ing on the business of conducting, operating or managing a hotel
or rooming house shall pay an annual license tax of One and 50/100
($1.50) Dollars per guest room when.meals are served on the,
premises and one ($1.00) Dollar per guest room when no meals are
served on the premises; provided, however,. that wAere such person
carried on some other business in addition to the renting of such
rooms, whether or not such other business shall be carried on in
the same premises, he shall be required to obtain a license and
pay the tax specified for such other business, in addition to the
license and tax specified herein, provided, further, that any per-
son required to obtain a license to,operate a hotel shall not also
be required to obtain a license to operate a boarding house or
rooming house on the same -oremises.
SECTION 41. HOUSE MOVER. Every person engaged in the business
of house mover shall pay an annual license tax of Twenty-Five
025800) Dollars and in addition, a tax of Twenty ($20.00)
.Dollars, in advance, for each house moved by him.
SECTION 42. ITINEr~ANT VENDOR. Every person engaged in the
business or occupation of an itinerant vendor shall pay a license
tax of Ten 010.00) Dollars per day in advance. The words "Ttiner-
an t Vendor" shall be construed to mean and include all persons,
both principal and agent, who engage in a temporary and transient
business in the Town of Los Gatos, selling goods, wares and mer
chand.ise with the intention of continuing said business in said
Town for a period of not more than ninety (90) days, and who, for
the purpose of carrying on such business, hires, leases or occupies
any room, building or structure for the exhibition or sale of
such goods, wares, or merchandise, or from which room, building,
or structure the sales siiall be made or business colicited by means
T__~-of samples or delivery from house to house, and the person or firra
so engaged shall not be relieved from the provisions of t:nis
section by reason of associating temporarily with any local dealer,
trader, merchant, or auctioneer,,or by conducting such temporary
or transient business in connection "frith, or as a part of, or in
the name of any local dealer,
The provisions of this sectioi
ers or selling agents selling
selling for present or future
nor to hawkers on the street,
trader; merchant;, or_ auctioneer.
z shall not apply to commercial travel-
their goods to dealers, whether
deliveries, by sar.ple or otherwise,
nor peddlers from vehicles, nor to
persons selling fruit, vegetables, butver, eggs, or other fruit
or ranch products.
SECTION 43 FUNK DEALERS kND COLLECTORS.
(a) Every person engaged in the business of conducting, or
managing the business of junk dealer shall pay a semi-annual license
tax of Fifty (450.00) Dollars in advance: For the purpose of this
section, the terra "Junk Dealer" is defined to be any per.son, firm
or corporation having a fixed place of business in the Town of
Los Gatos, engaged in or carrying on the business of buying or selling,
either at wholesale or retail, any old ragns, sacks, bottles, cans,
papers, metals, or other articles of junk.
(b) Every person-engaged in the business of junk collector
shall pay a semi-annual license.tax of Fifty ($50.00) Dollars for
each..,vehicle employed in such business. For the purpose of this
ordinance the term "Junk Collector" is defined to be any person.
having no fixed place of business in the Town of Los Gatos, engaged
in or carrying on the business of collecting buying or selling
any old rags, sacks, bottles, cans, papers, metals, or other
articles of junk.
SECTION 44. LUNG I'7AGONS. Every person engaged in the business
of operating or carrying on a lunch wagon in or upon any public
street, alley, or other public place, doorway, or any room or build-
ing for the sale of non-alcoholic' drinks, tamales., beans, sand-
wiches, ice cream, or other food ar drink 'in:tended 'for' human con-
sumption shall.pay a license tax of Two (P2.00) Dollars per day
in advance with a maximum of.Ten (:10.00) Dollars per month.
SECTION 45. IgJSEUTA. Every person carrying on the business
of conducting a museum where curiosities or objects of interest
connected with science, art or literature ard' exhibited or display-
ed, and an admission is charged or collected, or a museum of anatomy
figures, etc., whether or not a fee for admission is charged, shall
pay a license fee of Thirty (4,)'30.00) Dollars per month in advance;
provided however, that this section does not apply to those museums
carried on as part of the regular institutions of schools, churches,
or other similar groups, nor does it apply to those museums maintain-
ed by City, State, or other Political Subdivisions, or by a. recog-
nized science, art or literature group.
0
0
SEOTIOi, 45. Every person conducting, :managing or carrying on
the business of pawnbroker s.r?all pay a ser ii-annual license ta_<., of
One Hundred Tvventy Five (,,,,125.00) Dollars in -advance. For the
purpose of this ordinance, the term "Pawnbroker" shall be construed
to mean and include every person conducting, managinL- or carrying
on the business of loaning money, either for himself or for any
other person, firm or corporation, upon any personal -roperty,
personal security or purchasing personal property and reselling
or agreeing to resell such articles to the vendor or their assignees
at prices previously agreed upon; provided that nothing in this
-s,eation contained shall be deemed or construed to apply to the
loaning of money on -personal property or personal security by any
rank authorized
so
to do under
the laws of the State of California.
S CTI'JIq
47.
FEDIIJERS.
(a) Every person carrying on the business of a ;ped.dler of
cer,ent, auto polish, flags, banners ;balloons, canes, horns, tru..(I- s2
musical or noisemaking instruments of any kind, to-V7S, be^odg eS,
buttons, saoestrin;;s, Hair pins, lead l encils, co .11;s, souvenirs,
or other items of personal property, shall pay a license tax of
Tnro (;;`2,00) Dollars per day witii a r.:aximurn of Seven and 50/100
( 50) Dollars per month.
(b) Every ;person engaged in the business of a peddler of meat,
gave, butter, eggs, butt errrill, poultry, fish fruit, vegetables,
bread, crackers, cake, pies, or other bakestuffs intended for use
as food for Truman consumption, by means of any wagon or other
vehicle, shall pay a sei~.i-annual license tax of Twenty Five (,;25.00)
:collars for ea.c-In veaicle;by means of any band. o-r push cart,
tiie surf, of Ten 0,:10.00) :Dollars seiii -annual for e-_cil vehicle, by
0
•
means of any basket, trey or other container carried by hard,
Ten l0. Q0) Dollax:s semi-annually.
(c) Every person carrying on the business of a peddler
other than specifically mentioned herein, shall pay a. license see
of Five (;'5.00) Dollars per day for each person.
(d) For the purpose of this section, a "Peddler" is defined
to be and includes every person not having a regularly established
place of business in the Town of Los Gatos, who travels frorm: lase
to place, or has a stand upon any public street, alley or other
ublic place, doorway of any building, uninclosed or vacant lot,
6z parcel of land, who sells or offers for sale any roods, wares
or literc lands se in liU oossessio`1.
SECT 'L-01"', 48. ri~OTQi r'~~ zE S (T~ NSIE v T) . Every person car _yins
on the business of photogra:y her wllo has no fixed place of buS4ness
,vitl,in the Town of Los vatos, shall pay a license taxi of One Hundre ,
(1CC.00) Dollars a year in advance.
11 ~G GALL" DIES, Every person conducting,
SEvTIGN 49. Sr~QTI
managing or carrying on the business of a shooting gallery or
range, shall pay a semi--annual license tax of Twenty-Five (425.00)
Dollars.
SECTION 50. SKATING SINKS. Every person engaged in the
business of operating or conducting a skating rink, shall pay a
sem.L-annual license tax of Fifty ($50.00) Dollars.
SECTION 51. TAXICABB. Every person engaged in the business
of operating a taxicab or taxicabs within the Town of Los Gatos,
in addition to any other license or tax, shall pay an annual
license tax as follows
One taxicab 75.00;
Two taxicabs 150.00
For each additional taxicab w25.00
i"~M T Q r• _TICK T r r,.....
L~~~s~l 52. 1R h~~ _ uS T
(a) :Every person en-,aged in the business of delivering or
selling meats, fruits, vegetables, or any other foodstuffs, Or
any other goods, wares or rrnerchandise -by deans of or fro~1 a
vehicle, other trian a peddler, and having no fixed place of busi-
ness in the Town of Los Gatos, shall pay a separate sei!A-annual
license tat= of Twelve and 50/100 (.12.50) Dollars for each such
vehicle.
(b) Every person conducting, rlanaging or carrying on a
business of running, driving, or operating any automobile,
'automobile true, or any other motor propelled ven-I cle, used for the
transportation of baggage, express or freight, household goods,
mercnandise, or materiels, for hire, and mrhich ve nicle receives or
discharges such ba~oage, express, freight, household goods, mer-
chandise or other Yiaterials at points within the Tol.,rn cf Los Gatos,
and whether such ve.aicle operates over a regular route and cet:veen
fixed termini, or not, shall pay.a license tax as follovis;
For one (1) such ve iicle of not more than one and one-half
(1~) tons capacity, a semi-annual license tax of Ten (;Y10.00)
Dollars.
For each ~~dditional venicle of not ~.iore than one and one-malt'
(1"') tons capacity, a seiA-annual license tax. of Five (-5.00~
Dollars.
For each additional ton or fraction thereof over one and
one-half (1;~') tons, a se:1i--annual license tax of Five (;;5.00)
Dollars per ton.
In deterrlininL the capacity of any such vehicle, the nanu-
fac tuner's rated capacity shall be used.
SECTIOi, 53. y EUDI vG tiT.LIaT S ve:2y person carryin_ on the
business of selling tra,d.in~ sta.ps, or actinc, as an aJent in the
distribution thereof, shall pay a semi-annual license tax of
Fifty ($50.00) Dollars; provided, however, that tw~is section shall
not be applicable to retailers within the Town of Los Gatos,
who use sucki stcunps when sellinJ their merchandise.
SECTION 54. LkUNLRIES.Every person transacting or enga.;=
in a laundry business in the Town of Los Gatos shall pay an'annual
license tax of Twenty Five (ue25.00) Dollars.
SECTION 55. The owner, driver or operator of each and every
vehicle used in the Town of Los Gatos for the collection or
y..of laundry work which said vel_icle is nt run in connection
deliver
with any laundry havin a fixed place of business in said Town shall
pay a semi-annual license tax of Twenty (,.;20.00) Dollars, and: it
sriall be unlawful for any person to drive or use a vehicle in said
frown for the collection or delivery of laundry work if said vehicle
is not run in connection with a laundry having a fixed'-lace of
business in said Town unless said license has been :paid.
SECTION 56. Every person not having a fixed place of business
in said Town soliciting for dyeing, renovati nr or cleaninE clo ti es
or other wearing apparel shall pay a license ta~~ of Twee- ("20.00)
Dollars semi-annually.
SCTIG?~T 57. Every person ovmin or operating; a vendin-
machine within the Town of Los Gatos unless said -,oerson is other-
wine licensed under the provisions of this ordinance, shall pay
an annual license tax of Five ( ,"5.00) collars for each machine.
SECTION 58. ENFORCE.~IENT.. It shall be the duty of the Tax
Collector and Chief of Police, and he is hereby directed to enforce
each and all of the provisions of this ordinance.
The Tax Collector. in the exercise of the duties imposed upon
0 0
him hereunder, and acting through iii s deputies or duly authorized
assistants, shall examine or cause to be examined all places of
business in the. Town to ascertain whether the provisions of ti-As
ordinance have been complied with.
The Tax Collector and each and all of his assistants and any
police officer shall have the power and authority to enter, free
of charge, and at any reasonable time, any place of business-,
required to be licensed herein, and demand an exhibition of its
license certificate. Any person having such license certificate
theretofore issued, in his possession or under his control, who
wilfully.fails.to exhibit the same on demand, shall be guilty of
a misdemeanor and subject to the penalties provided for by the
provisions of this ordinance. It shall be the duty of the Tax
Collector and each of iiis assistants to cause' a complaint to `be
filed against any"and all persons found to be violating any of
said provisions.
->SECTION 59. LICENSE A DEBT. The amount of any license tax
and penalty imposed by the provisions of t-,As ordinance shall be
deemed a debt to the Town of Los autos and any person carrying
on any business without first having procured a license from said
Town so to do shall be liable to, an action in the name of said
Town in any court of competent jurisdiction, for the amount of
license tax and penalties imposed on such business.
SECTION 60. The conviction and imprisonment 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 ciminal prosecution for the violation of any
of the provisions of this ordinance. All remedies prescribed
hereunder shall be cumulative and the use of one or more remedies
by the Town shall not bar the use of any other remedy for the
purpose of enforcing ti-le provisions r ereof.
SECTIC:N el. PLNALiY FOR VIOLATION. Any person violating any
or the provisions of ais ordinance or knowingly or intentiGnally
rnisrepresent_n to any officer or employee of this To-vnm any material
fact in procuring the license or -;aeTnait =ierein provided for shall
be deemed Euil.ty of a mdsdemeanor, and upon conviction thereof
shall be punishable by a fine of not more than Five Hundred. (4~500.00)
Dollars, or by imprisomment in the County Jail for a period of
not more than six months, or by both suer, fine and imprisonment.
SECTIOT~. e2. SEVEI-HABILITY. If any section, subsection, sen-
tence, clause, phrase or portion of this ordinance is for any
reason held to be invalid or unconstitutional by the decision of
any court of co _Ipetent jurisdiction, such decision shall not af-
fect the validity of the reTnainir_g portions of t.,'-Ii s ordinance.
The Town Council of this Town :Hereby declares that it nmuld ha.ve
adooted this ordinance and each section, subsection, sentence,
cls:use, phrase or ;portion thereo.-L', irrespective of the fact tna t
any one or 's11ore sections, subsections, clauses, ID.Iarases, or portions
be declared invalid or unconstitutional.
SECTION? 63. This ordinance shall be ;orinted once in the
LOS GATOS -BAIL-NE S
a weekly ne;Trspaper, 1oublished in the Tot-m of Los Gatos.
'-'he above and fore~oins ordinance was duly and. regularly
introduced at an adjourned reEular rleeting of the Countil of the
, 1047, and
Town of Los Gatos, held on the ,~_,day of IAN
ems thereafter on the day of 1947,
duly and regularly ado J ted, by the follo Sri n vote a
I.
C
AYES: Councilmen
NGES; COUNCILIEN
ABSENT; COUNCILLiEN
~ti z 0? TII-IE TO l~ OF LCS uIL OS
ATTEST: /
`TGuii CLERY OF 'HE TO'W N OF LO
GA O S .
(SEAL),