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HomeMy WebLinkAbout2896 1 ORDINANCE NO.~ 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING ORDINANCE NO. 763 ENTITLED IN PART, "AN ORDINANCE PROVIDING FOR THE LICENSING OF BUSINESSES, 3 SHOWS, EXHIBITIONS AND GAMES . . . . "; AND PROVIDING FOR SOLICITORS. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN 5 AS FOLLOWS: 6 SECTION ONE: Ordinance No. 763, Section 111 is hereby amended to read 7 as follows: 8 "SECTION 111: For every person acting as a solicitor, as defined in 9 this Section, $30.00 per quarter or any part thereof, payable quarterly in 10 advance, except those solicitors acting as agents or representatives of a 11 place of business licensed and established in said City for a period of one 12 year under the same ownership for whom license" rates shall be established and 13 paid based upon the total gross receipts of said business as set forth in 14 Section 109. 15 In order to be classified as a business with a licensed and established 16 place of business in said City for a period of one year under the same owner- 17 ship, such business shall continuously comply with this Section and each of 18 the following requirements: 19 1. A completely representative stock of the merchandise being 20 solicited shall be on display at the place of business; 21 2. The established place of business must be open to the public at 22 least eight (8) hours a day, five (5) days a week; 23 3. A floor salesman of the company shall be present at all times when 24 the place of business is open; 25 4. Said business or company shall have and maintain at said place a 26 sign of not less than three (3) square feet bearing the name of the firm 27 painted either on the front of the building or on the unscreened glass facing 28 the front street, or said sign shall be affixed to the frontDIthe building; 29 5. Ingress and egress shall be available to the place of business 30 from the main entrance of the building. 31 For every person soliciting as a representative of, or from, or in 32 connection with, any other established place of business, $30.00 per quarter . . 1 per solicitor in addition to the business license tax imposed upon the 2 established place of business. 3 Any person, firm or corporation soliciting with a number of solicitors 4 may elect at his option to pay a flat rate of $150.00 per quarter. 5 Each licensee shall be required to maintain a current list of the name 6 and address of each solicitor working under said license and said list and 7 any current changes thereto shall be filed in the office of the City Clerk 8 prior to any solicitation within the City of San Bernardino. 9 A solicitor, within the meaning of this Section, is defined to be any 10 person who goes from house to house, or from place to place, in the City of 11 San Bernardino, selling or taking orders for, or offering to sell or take 12 orders for, goods, wares or merchandise or any article for future delivery, or 13 for service to be performed in the future, or for the making, manufacturing 14 or repairing of any article or thing whatsoever for future delivery. The 15 foregoing definition of a solicitor shall be exclusive and controlling, and 16 the fact that a solicitor may have had previous contacts with the customer 17 through the media of telephone, correspondence, advertising or by person to 18 person conversation, or that he may have been invited to the house or place, 19 shall not be a defense to, or excuse for, a violation of any provision of 20 this Ordinance, nor effect his status as a solicitor. 21 All orders taken by licensed solicitors shall be in writing in 22 duplicate, stating the terms thereof, and the amount paid in advance, and one 23 copy shall be given to the purchaser. Each solicitor shall be fingerprinted 24 and photographed by the Police Department. Solicitation shall cease at 25 sundown. " 26 SECTION TWO: Effective Date. This Ordinance, inasmuch as it provides 27 for a tax levy for the usual and current expenses of the City, shall take effect 28 immediately except that the tax imposed by this ordinance shall become 29 operative and be imposed on April I, 1968, and shall not apply prior to said 30 date. 31 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the 32 Mayor and Common Council of the City of. San Bernardino at an adjourned regular . - 2 - 1 meeting thereof, held on the ~ day of ~---~ I , 1968, 2 by the following vote, to wit: 3 AYES: Councilmen 4 5 NOES: 6 ABSENT: ~/~ 7 8 (jJ tt: City ;:;;;:#;;, t./ v -' Clerk 9 10 The foregoing Ordinance is hereby approved this~ ../day of j.;t'~ ' 1968. 11 12 13 May 14 15 Approved as to form: 16 ~~ 1-1-/ U-v-9 City A torney 17 18 19 20 21 22 23 24 25 26 27 28 29 F' LE D 30 31 ~~ 3', rel68 32 .- 'll;. FELT , C'ty Clerk l' ~. ~"........ - 3 -