Chapter 5.04 BUSINESS LICENSES GENERALLY

For statutory provisions authorizing cities to license for revenue and regulation purposes, see Government Code § 37101; for provisions authorizing cities to license businesses in the exercise of the police power and for purposes of regulation, see Business and Professions Code §§ 16000 through 16003.

5.04.005 Required.

It is unlawful for any person, whether as principal or agent, owner or employee, either for himself or any other person or for any body, corporate or otherwise, or as an officer of any corporation, to commence to carry on within the corporate limits of the city, any business, trade, calling, profession or occupation in this chapter specified without having first procured a license from the city so to do, and each and every day or fractional part of a day that the business, trade, calling, profession or occupation in this chapter specified is conducted or carried on without such license shall constitute a violation of this chapter, and any person who for himself or for any other person or persons or for any body, corporate or otherwise, commences to carry on such business, trade, calling, profession or occupation aforesaid, without first having procured such license, is, for each violation of this chapter, guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in HMC 1.12.010, and the amount of such license shall be deemed a debt due to the city, and such person shall be liable to an action in the name of the city, in any court of competent jurisdiction, for the amount of the license of such business, trade, calling, profession or occupation, as he shall or they may have engaged in, with costs of suit, and in addition thereto, a penalty of $25.00 must be added to the judgment as costs to be collected from the defendant or defendants. (Ord. 328 § 2, 1973; Ord. 196 § 1, 1945).

5.04.010 Collection – Authority.

It shall be the duty of the city clerk to prepare and issue a license under this chapter for every person liable to pay a license thereunder, duly signed by the city clerk, and to state in such license the amount thereof, the period of time covered thereby, the name of the person, firm or corporation for whom issued, the business, trade, calling, profession or occupation licensed, and the location, or place of business where such business, trade, calling, profession or occupation is to be carried on, and the city clerk shall report to the city council at its second meeting in each quarter, the amount of such licenses so delivered to the city during the same quarter.

In no case shall any mistake by the city clerk in stating the amount of any license prevent or prejudice the collection for the city of what shall be actually due, with all costs, against anyone for carrying on the business without a license, or refusing to pay the license fees specified herein. (Ord. 196 § 2, 1945).

5.04.015 Collection – When.

The city clerk shall proceed at once to collect such licenses. (Ord. 196 § 3, 1945).

5.04.020 Separate licenses required.

All licenses shall be paid in advance in the legal tender of the United States, at the office of the city clerk. A separate license must be obtained for each branch establishment or separate place of business in which the trade, calling, profession or occupation is carried on, and each license shall authorize the party obtaining it to carry on, pursue or conduct only that trade, calling, profession or occupation described in such license, and only at the location or place of business which is indicated thereby. (Ord. 196 § 4, 1945).

5.04.025 Licenses – Quarterly, monthly and daily.

A. The quarterly license in this chapter provided shall be due and payable to the city on the first days of January, April, July and October, and all such licenses shall expire with the last days of March, June, September and December of each year, but the first quarterly license issued to any person as provided in this chapter shall be issued for the unexpired portion of such quarter, and a proportionate amount shall be charged for the same for such unexpired portion of such quarter.

B. The monthly licenses in this chapter provided shall be due and payable to the city on the first of each month in advance.

C. The daily licenses in this chapter provided shall be due and payable to the city each day in advance. (Ord. 196 § 5, 1945).

5.04.030 Display required.

Each person, firm or corporation having a license under the provisions of this chapter and carrying on a business, trade, calling, profession or occupation at a particular place of business shall keep such license posted and exhibited while in force in some conspicuous place. Every peddler of goods, wares or merchandise shall carry his license with him at all times while engaged in peddling.

All persons, firms or corporations having a license shall produce or exhibit the same when applying for a renewal and whenever requested to do so by the city clerk or any police officer of the city. (Ord. 196 § 6, 1945).

5.04.035 Complaints.

The city clerk and all police officers of the city shall have and exercise the power, first, to make arrests for the violation of any of the provisions of this chapter; second, to enter, free of charge, any place of business for which a license is required and provided, and to demand the exhibition of such license for the current term for any person engaged or employed in the transaction of such business; and if any person then and there fails to exhibit such license, such person shall be liable to the penalty provided in HMC 5.04.005.

It is made the duty of the city clerk to cause complaints to be filed against all persons violating any of the provisions of this chapter. (Ord. 196 § 7, 1945).

5.04.040 Payment required.

The conviction and punishment of any person for transacting any business, trade, calling, profession or occupation without license shall not excuse or exempt such person from the payment of any license due or unpaid at the time of such conviction, and nothing contained herein shall prevent a criminal prosecution for any violation of the provisions of this chapter. (Ord. 196 § 8, 1945).

5.04.045 Rates – Generally.

The rates of licenses for the businesses, trades, callings, professions and occupations hereinafter named shall be and the same are fixed and established for and within the city according to the following schedule, and the same shall be paid by all persons, firms or corporations engaged in such businesses, trades, callings, professions or occupations as set forth in HMC 5.04.050 through 5.04.480. (Ord. 196 § 9, 1945).

5.04.050 Agents – Sale of books.

The license for agents and/or the business of selling, canvassing or soliciting for the sale of books or any other personal property where the same is made by a house to house or a door to door canvass shall be $50.00 per person per day. (Ord. 350 § 2, 1976; Ord. 204 § 1(1), 1949; Ord. 196 § 9(A7), 1945).

5.04.055 Attorney.

The license for attorneys and/or the business or profession of the practice of law shall be the sum of $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(A4), 1945).

5.04.060 Automobile accessory business.

The license for the sale of automobile accessories and/or the business of selling of automobile and/or truck tires and/or accessories shall be $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(A6), 1945).

5.04.065 Automobile agency – Buying and selling.

The license for automobile agencies and/or the business of buying and selling automobiles, whether new or secondhand, and whether a storeroom is maintained or not, shall be $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(A1), 1945).

5.04.070 Automobile agency – Repairing.

The license for automobile garages and/or the business of repairing automobiles or motor vehicles shall be the sum of $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(A2), 1945).

5.04.075 Automobile service station.

The license for automobile service stations and/or the business of selling gasoline and oils and/or motor vehicle accessories, tires and for battery service shall be $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(A3), 1945).

5.04.080 Bakery.

The license for bakeries and/or the business of operating a bakery and/or the wholesale and/or retail sale of the products of a bakery and/or confections and/or the wholesale and/or retail sale of the products of a bakery from a wagon or truck, whether a bakery is maintained in the city or not, shall be $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(B2), 1945).

5.04.085 Barbershop.

The license for barbershops and/or the business of operating a barbershop shall be the sum of $5.00 per quarter for the first chair and $1.50 per quarter for each additional chair. (Ord. 350 § 2, 1976; Ord. 196 § 9(B4), 1945).

5.04.090 Beauty shop.

The license of conducting a beauty shop and/or the business of giving shampoos and/or hair dressing and/or massages shall be $5.00 per quarter for one chair and $1.50 for each additional chair. (Ord. 350 § 2, 1976; Ord. 196 § 9(B6), 1945).

5.04.095 Billposting.

The license for billposters and/or the business of posting advertising matter other than judicial advertising shall be the sum of $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(B3), 1945).

5.04.100 Blacksmith shop.

The license for blacksmith shops and/or the business of operating a blacksmith shop shall be the sum of $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(B5), 1945).

5.04.105 Bowling alley.

The license for bowling alleys and/or the business of operating a bowling alley shall be the sum of $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(B1), 1945).

5.04.110 Box manufacture.

The license for conducting the business of box manufacturing shall be $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(B7), 1945).

5.04.115 Card room.

The license for conducting or maintaining tables for the game or games not prohibited by law played with cards shall be $125.00 per month or part of month, payable monthly in advance, for the first three tables operated in one place of business and $30.00 per month for each additional table in said place of business. (Ord. 350 § 2, 1976; Ord. 196 § 9(C10), 1945).

5.04.120 Cement yard or contractor.

The license for cement yards or cement contractors and/or the business of operating a cement or concrete yard where articles are manufactured from cement and/or a contractor who contracts to construct buildings or other articles from cement or concrete shall be the sum of $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(C5), 1945).

5.04.125 Chiropractor.

The license for chiropractors and/or the business of healing or offering to heal by means of chiropractic treatments where a charge is made for said service shall be the sum of $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(C2), 1945).

5.04.130 Circus, carnival or menagerie.

The license for circuses, carnivals and menageries and/or the business of operating or conducting a circus and/or carnival and/or menagerie shall be the sum of $25.00 per day. (Ord. 350 § 2, 1976; Ord. 196 § 9(C7), 1945).

5.04.135 Cleaning and pressing business.

The business of cleaning and pressing and/or the business of conducting a business for the cleaning and/or the pressing of clothes or wearing apparel shall be the sum of $12.00 per quarter, and for the collection of clothes or wearing apparel for a cleaning, dyeing or pressing establishment, whether an establishment is maintained in the city or not, shall be the sum of $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(C4), 1945).

5.04.140 Clothing store – Gentlemen’s.

The license for gentlemen’s clothing and/or furnishings and/or haberdashery stores, and/or the business of operating a store where gentlemen’s clothing and/or furnishings and/or shoes and/or haberdashery are sold shall be the sum of $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(C6), 1945).

5.04.145 Clothing store – Ladies’.

The license for ladies’ clothing and/or furnishings store and/or the business of operating a store where ladies’ clothing and/or shoes and/or furnishings are sold shall be $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(C8), 1945).

5.04.150 Confectionery store.

The license for confectionery stores and/or the business of conducting a confectionery store where candies, confections and soft drinks are sold shall be the sum of $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(C1), 1945).

5.04.155 Contractor.

The license for conducting the business of general contractor on or of any building, structure or excavation shall be $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(C9), 1945).

5.04.160 Creamery.

The license for a creamery and/or the business of operation of a creamery shall be the sum of $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(C3), 1945).

5.04.165 Dairy.

The license for dairies and/or the business of selling whole milk or cream at wholesale or retail shall be $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(D2), 1945).

5.04.170 Dentist.

The license for dentists and/or the business or practice of the profession of dentistry shall be $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(D3), 1945).

5.04.175 Distribution or sale of shook.

The license for conducting the business of distribution and sale of shook in the city shall be the sum of $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(D6), 1945).

5.04.180 Doll rack or knife rack.

The license for each doll rack or knife rack or other like device where balls or rings are thrown for prizes shall be $25.00 per day. (Ord. 350 § 2, 1976; Ord. 196 § 9(D1), 1945).

5.04.185 Drugstore.

The license for drugstores, including the sale of soft drinks and tobacco, shall be the sum of $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(D5), 1945).

5.04.190 Dry goods store.

The license for dry goods stores and/or the business of wholesale or retail sale of dry goods shall be $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(D4), 1945).

5.04.195 Electrical business.

The license for electrical business or the business of selling electrical appliances or fixtures either at wholesale and/or retail and/or the business of building or house wiring and/or motor wiring shall be $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(E1), 1945).

5.04.200 Feed store or poultry store.

The license for feed stores and/or the business of wholesale or retail sale of feed, grain, and/or poultry or poultry supplies shall be $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(F2), 1945).

5.04.205 Furniture store.

The license for conducting a furniture business and/or the business of selling new or secondhand furniture either at wholesale or retail shall be $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(F1), 1945).

5.04.210 Grain mill.

The license for grain mills and/or the business of operating a grain mill where a charge is made for the milling shall be $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(G2), 1945).

5.04.215 Grocery store.

The license for grocery stores and/or the business of retail or wholesale sale of groceries shall be the sum of $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(G1), 1945).

5.04.220 Hardware store.

The license for hardware stores and/or the business of selling hardware at wholesale or retail shall be $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(H1), 1945).

5.04.225 Hotel, roominghouse or lodginghouse.

The license for hotels, roominghouses and lodginghouses and/or the business of conducting a hotel, or roominghouse or lodginghouse shall be as follows:

A. Where there are one to five rooms, the sum of $6.00 per quarter;

B. Where there are six to 19 rooms, $9.00 per quarter;

C. Where there are 20 rooms or more, $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(H2), 1945).

5.04.230 Ice manufacture or ice sale at wholesale.

The license for carrying on the business of manufacturing ice and/or the carrying on the business of selling ice at wholesale shall be $15.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(I2), 1945).

5.04.235 Ice sale at retail.

The license for the business of selling ice at retail within the city shall be $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(I3), 1945).

5.04.240 Implement store.

The license for implement stores and/or the business of selling farm implements at retail or wholesale shall be $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(I1), 1945).

5.04.245 Jewelry store.

The license for jewelry stores and/or the business of selling jewelry wholesale or retail and/or the business of repairing watches or jewelry shall be $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(J1), 1945).

5.04.250 Junk or hide dealer.

The license for junk and/or hide dealers and/or the business of buying and selling junk or hides shall be $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(J2), 1945).

5.04.255 Laundry agency.

The license for laundry agencies and/or the business of conducting a laundry agency shall be $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(L1), 1945).

5.04.260 Liquor distribution.

The license for conducting the business of retail or wholesale liquor distributor shall be the sum of $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(L4), 1945).

5.04.265 Lumberyard.

The license for lumberyards and/or the business of selling lumber and building material at wholesale or retail shall be $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(L2), 1945).

5.04.270 Lunch counter.

The license for lunch counters and/or the business of conducting a lunch counter, including the sale of tobacco, shall be $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(L3), 1945).

5.04.275 Machine shop.

The license for conducting the business of machine shops shall be $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(M4), 1945).

5.04.280 Meat market.

The license for meat markets and/or the business of conducting a meat market where meat is sold at retail or wholesale shall be $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(M1), 1945).

5.04.285 Merry-go-round.

The license for merry-go-rounds and/or the business of conducting a merry-go-round shall be $25.00 per day. (Ord. 350 § 2, 1976; Ord. 196 § 9(M3), 1945).

5.04.290 Moving picture show.

The license for moving picture shows and/or the business of conducting a moving picture show shall be $20.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(M2), 1945).

5.04.295 Natatorium.

The license for natatoriums and/or business of operating a natatorium shall be $12.00 per month. (Ord. 350 § 2, 1976; Ord. 196 § 9(N1), 1945).

5.04.300 News agency.

The license for news agencies and/or the business of conducting a news agency where newspapers and magazines are sold shall be $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(N2), 1945).

5.04.305 Oil and gasoline business.

The license for oil plants and/or the business of conducting a wholesale business for the sale of gasoline and oils, whether a place of business is maintained in the city or not, the sale and delivery by wagon or truck being considered as doing business, shall be $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(O1), 1945).

5.04.310 Optician or optometrist.

The license for opticians and/or the business or practice of the profession of optometry shall be $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(O2), 1945).

5.04.315 Painting contractor.

The license for conducting the business of painting contractor shall be $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(P9), 1945).

5.04.320 Palmistry, astrology, fortunetelling and clairvoyance.

The license for every person who carries on, practices and professes to practice the business or art of astrology, palmistry, card reading, phrenology, fortunetelling, clairvoyance, clairaudience, crystal gazing, hypnotism, prophesy, augury, divination, magic or necromancy, and who demands or receives a fee or compensation for such practice, exercise or exhibition of his art therein, or who gives an exhibition thereof at a place where an admission fee is charged shall be the sum of $50.00 per day. (Ord. 350 § 2, 1976; Ord. 204 § 1(3), 1949; Ord. 196 § 9(P7), 1945).

5.04.325 Peanut or popcorn stand.

The license for peanut or popcorn stands or the business of conducting a peanut and/or popcorn stand shall be $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(P3), 1945).

5.04.330 Peddlers or vendors.

The license for peddlers or vendors shall be $50.00 per day; provided, however, that no license shall be charged for the sale of fruit or vegetables raised by the own labor of the peddler; and provided further, however, that no person under this section shall be permitted to remain in or permanently occupy any one place on the public street and shall have only the right to travel along the street in the usual and customary manner in order to carry on the business. (Ord. 350 § 2, 1976; Ord. 196 § 9(P6), 1945).

5.04.335 Physician.

The license for physicians and surgeons and/or the practice or profession of medicine or surgery shall be $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(P4), 1945).

5.04.340 Plumber.

The license for plumbers and/or the business of plumbing or plumbing contractors shall be $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(P5), 1945).

5.04.345 Pool or billiard room.

The license for pool rooms or billiard halls and/or the business of conducting a pool room and/or billiard hall and the sale of soft drinks, candies and tobacco for the first table shall be $12.00 per quarter and for each additional table the sum of $4.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(P2), 1945).

5.04.350 Public printing.

The license for public printing and/or the business of doing what is known as public printing and/or the business of printing or publishing a newspaper shall be the sum of $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(P8), 1945).

5.04.355 Radio repair shop.

The license for conducting a radio repair shop where no new radios are sold shall be $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(R4), 1945).

5.04.360 Real estate or insurance broker.

The license for conducting the business of real estate and/or fire and/or life insurance, including the business of acting as a broker for the sale or exchange of real and/or personal property and the sale of fire, life and other forms of liability insurance and bonds shall be $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(R3), 1945).

5.04.365 Restaurant.

The license for restaurants and/or the business of conducting a restaurant and cigar stand shall be $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(R2), 1945).

5.04.370 Sand and gravel business.

The license for conducting the business of selling and delivery of sand and gravel in the city shall be $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(S11), 1945).

5.04.375 Secondhand dealer.

The license for dealers in secondhand goods, wares, merchandise and furniture shall be $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(S8), 1945).

5.04.380 Sheet metal shop.

The license for a sheet metal or tinning shop and/or the business of making and selling sheet metal or tin articles shall be $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(S6), 1945).

5.04.385 Shoe repair shop.

The license for conducting the business of repairing shoes and leather goods shall be the sum of $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(S9), 1945).

5.04.390 Shooting gallery.

The license for shooting galleries shall be $25.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(S3), 1945).

5.04.395 Traveling shows and exhibitions.

The license for traveling shows and exhibitions when shown from or in a regular show house shall be $25.00 per day. (Ord. 350 § 2, 1976; Ord. 196 § 9(S5), 1945).

5.04.400 Sign writer.

The license for sign writers and/or the business of writing display signs or advertising matter shall be $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(S1), 1945).

5.04.405 Soft drink stand.

The license for soft drink stands shall be $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(S4), 1945).

5.04.410 Solicitor or canvasser.

Any person conducting, carrying on or managing the business of a solicitor or canvasser shall pay a license fee of $50.00 per day per person. (Ord. 350 § 2, 1976; Ord. 204 § 1(2), 1949; Ord. 196 § 9(P1), 1945).

5.04.415 Sporting goods store.

The license for the conducting of the business of selling sporting goods and/or the business of selling the paraphernalia, balls, bats, suits, rackets, or clubs used in any sports shall be $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(S10), 1945).

5.04.420 Street hawker.

The license for street hawker and/or the business of street hawker shall be $50.00 per day. (Ord. 350 § 2, 1976; Ord. 204 § 1(4), 1949; Ord. 196 § 9(S2), 1945).

5.04.425 Street show.

The license for any street show or performance on the street or elsewhere for the purpose of selling patent or other medicine, toilet articles or novelties, or other articles of personal property shall be $50.00 per day. (Ord. 350 § 2, 1976; Ord. 204 § 1(5), 1949; Ord. 196 § 9(S7), 1945).

5.04.430 Taxicab.

The license for conducting the business of operating a taxicab in the city and the carrying of passengers for hire shall be $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(T2), 1945).

5.04.435 Theater.

The license for theaters or shows under tent or a show having its own portable quarters where a charge for admission is made or collection taken up shall be $50.00 per day. (Ord. 350 § 2, 1976; Ord. 196 § 9(T1), 1945).

5.04.440 Trucking business.

The license for carrying on the business of trucking and/or the business of operating a motor vehicle or motor truck for the transporting of personal property for hire shall be $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(T4), 1945).

5.04.445 Undertaker or mortician.

The license for conducting the business of undertaker or mortician shall be the sum of $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(U1), 1945).

5.04.450 Vegetable or fruit packer.

The license for the business of vegetable or fruit packer or shipper and/or the business of operating a packing shed where fruits, melons or vegetables are packed for shipment shall be $20.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(V2), 1945).

5.04.455 Vendor – Itinerant – Bond required – Contents.

A. Every person required to have a license under the provisions of this chapter shall make an application, and if it appears that the business of which the applicant proposes to engage in is that of selling, contracting to sell or taking orders for goods, wares or merchandise, and in the conducting of which the applicant is to hire, lease, sublease or occupy any room, building or structure for the purpose of storing, exhibiting or displaying such goods, wares or merchandise, or samples thereof, such application for license shall be accompanied by a bond in the sum of $500.00 executed by a surety company, or two responsible property holders residing in the city, or in lieu thereof, a cash bond in a similar amount, conditioned upon such business being actually conducted for and during a continuous period of more than 90 days, or failing therein, the principal and sureties thereon to be liable to the city in the sum of $3.00 for each day or fraction thereof the business has been so conducted; and further conditioned upon the making of final delivery of any goods ordered by any person from such business, or failing therein, that the advance payment, if any is made, on such order be refunded, and that in the event any goods, wares, or merchandise sold have been misrepresented, or do not conform to the warrants expressed or implied of the seller that the purchase price paid for such goods, wares or merchandise shall be refunded to the purchaser upon the return of the merchandise purchased. Any person aggrieved by the action of the licensee under this section shall have a right of action on the bond for the recovery of money or damages, or both. The bond shall remain in full force and effect, and in case of a cash deposit, such deposit shall be retained for a period of 180 days from date of filing such bond; provided, in the event such person, firm or corporation conducts such business for a period of more than 90 days, or within 10 days after ceasing to conduct such business, in the event the same is not conducted for a period of more than 90 days, makes application for exoneration of the bond and to be exempted from the operation of this section, and proves to the satisfaction of the city council that he engaged in the business in good faith and intending to conduct such business for a period of more than 90 days, and that he or it is not indebted to any person by reason of cash deposits or credits on goods, wares or merchandise ordered and not delivered, such bond shall be exonerated upon the expiration of such 90-day period.

B. Upon the payment of the prescribed fee to the chief of police, and in compliance with the procedure set forth in HMC 5.04.005 through 5.04.020, the chief of police shall issue to the 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 carried on;

4. The date of the expiration of such licenses;

5. A receipt for the amount of money paid for the license; and

6. Such other information as the chief of police shall determine. (Ord. 204 § 1(6), 1949; Ord. 196 § 9(T3), 1945).

5.04.460 Vending machine business.

The license for conducting the business of operating a vending machine, marble machine, or juke box shall be $12.00 per quarter for each machine operated in the city. (Ord. 350 § 2, 1976; Ord. 196 § 9(V3), 1945).

5.04.465 Veterinarian.

The license for veterinarians and/or the business of practice of the profession of veterinary surgery shall be the sum of $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(V1), 1945).

5.04.470 Wagon, stand or automobile business.

The license for every business conducted from a stand, wagon or automobile or truck placed or located on any vacant lot or in a street, alley or place where such business is permitted by law shall be $50.00 per day; provided, however, that the fee for a nonprofit organization conducting business under this section shall be set by the city council upon application therefore made at least 60 days in advance according to conditions and standards established by the city council. (Ord. 350 § 2, 1976; Ord. 328 § 3, 1973; Ord. 204 § 1(7), 1949; Ord. 196 § 9(W1), 1945).

5.04.475 Wholesale merchant.

The license for the conducting of the business of wholesale merchant in the city shall be the sum of $12.00 per quarter. “Wholesale merchant” is defined as the business of selling goods, wares and/or merchandise by a person, firm or corporation to another for the purpose of resale, and includes the taking of orders for merchandise for resale by solicitors, even though the delivery of the merchandise is made by a common carrier or at a place of business outside of the city, and it includes all persons, firms and corporations who transact the business of wholesale merchant within the city as defined in this section, even if no place of business is maintained within the city. (Ord. 350 § 2, 1976; Ord. 196 § 9(W3), 1945).

5.04.480 Unspecified business.

The license for all other businesses not specifically mentioned in this chapter shall be the sum of $12.00 per quarter. (Ord. 350 § 2, 1976; Ord. 196 § 9(W2), 1945).

5.04.485 More than one business on same premises.

When more than one business designated in this chapter is carried on at the same place of business, by the same person, firm or corporation, the license collected should be the highest one designated for any one of such businesses, and 50 percent of the license designated for any additional of such businesses. (Ord. 350 § 2, 1976; Ord. 196 § 10, 1945).

5.04.490 Exclusions.

Nothing in this chapter shall be construed as imposing a license tax on or otherwise regulating or restricting foreign or interstate commerce, and any business or portion thereof which is embraced in the term “interstate commerce” or in the term “foreign commerce” is not made subject to a license by this chapter. (Ord. 196 § 11, 1945).

5.04.495 Revocation – Appeal.

All licenses issued under this chapter or any section thereof are granted and accepted by all parties receiving licenses with the express understanding that the city council may revoke the same at any time, if satisfied that any of the conditions of the license or terms of this chapter have been violated, or that the license was obtained by fraudulent representations, or that the holder of any such license is an unfit person to be trusted with the privileges granted by the license; provided, however, that no license shall be revoked without first giving the holder an opportunity to appear before the board in his own behalf. On the revocation of the license, no part of the money in the hands of the city shall be returned, but such license fee shall be forfeited to the city. When a license of any person is revoked for any cause, no new or other license shall be granted to the same person within six months from the date of such revocation. (Ord. 196 § 12, 1945).

5.04.500 Waiver authority.

Whenever the chief of police is satisfied that at least 15 percent of the receipts from any exhibition, concert, lecture or other entertainment is to be appropriated to any church, school, or for any religious or benevolent purpose within the city, by and with the consent of the city council, and not otherwise, the chief of police is authorized to waive the license as provided for by this chapter, and the city council at its option may grant such permission. (Ord. 196 § 13, 1945).