Ordinance 10ORDINANCE N0, 10
AN ORDINANCE OF THE CITY OF CUPERTINO, PROVIDING FOR LICENSING
OF BUSINESSES, TRADES AND PROFESSIONS, AND OTHER ACTIVITIES
CONDUCTED FOR PROFIT, AND FOR REGULATION OF THE SAME:
ESTABLISHING A SCHEDULE OF LICENSE FEES AND PERMIT PROCEDURE
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES ORDAIN
AS FOLLOWS:
Section 1
The provisions of this Or~3inance shall be known and cited
as The Business, Professions a~zd Trades Licensing Code.
Section 2 DEFINITIONS
The various businesses, tirades, professions, industries,
occupations, callings and acti~aities herein provided to be
licensed and regulated shall be defined in accordance with the
meanings and connotations generally given them by those
engaged in such activities and as recognized generally by the
public .
Section 3 EXEMPTIONS
Charities. The provisions of this Code shall not be
deemed or construed to require the payment of a license fee
to conduct any business or req~.zire the payment of any license
fee from any institution or organization which is conducted,
managed, or carried on wholly :for the benefit of charitable
purposes and from which profit is not derived, either directly
or indi rectly by any individua 1, form, or corporation, nor
shall any license be required ,for the conducting of any
entertainment, dance, concert, exhibition, or lecture on
scientific, historical, literary, religious or moral subjects
whenever the receipts from the same are to be appropriated to
any church or school, or to an;y religious or benevolent
purpose within the City; nor s:zall any license be required for
the conducting of any entertai:~ment, dance, concert, exhibition,
or lecture whenever the receipts from the same are to be
appropriated for the purposes ~~.nd objects for which such
association or organization was formed, and from which profit
is not derived, either directly or indirectly, by any indicidual,
firm, or corporation. Nothing in this Section contained shall
be deemed to except any such i~~stitution or organization from
complying with the provisions ~~f this Code requiring such
institution or organization to obtain a permit from the City
Council or proper officer to c~~nduct business.
Section ~- INTERSTATE COMMERCE
Every person claiming to -ire entitled to exemption from
payment of any license fee provided for in this Code upon
the grounds that the impositio~z of such fee casts an unlawful
burden upon his right to engagf~ in commerce with foreign
nations or among the several states or conflicts with the
regulation of interstate commerce by the United States, shall
file a verified statement with the City Clerk disclosing the
interstate or other character ~~f his business entitled such
exemption. Such statement shall state the name and location
of the person for which the orders are to be solicited or
secured, the name of the nearest local or state manager, if
any, and his address, the kind of goods, wares, merchandise
or services to be delivered or performed, the place from
which the same are to be shipp~°d or forwarded or the services
performed, the method of solicitation or taking orders, the
location of any warehouse, factory or plant within the State
of California, the method of d~~livery, the name and residence
of the applicant, and all other facts necessary to establish
such claim of exemption. A copy of the order blank, contract
form or other papers used by such person in taking orders
shall be attached to the affidavit. If it appears that the
application is entitled to such exemption, such applicant shall
forthwith be issued a free license.
Section ~F-a PUBLIC UTILITIES
Every person engaged as a public utility in the trans-
portation or transmission of gas, electricity, water or
communications, unless operating under a franchise or under a
contract entered into or subject to permit given by the City,
shall pay an annual license fee of $30.00.
Section 5 FARMERS AND POULTRYMEN
The provisions of this Code shall not be construed as
requiring farmers, poultrymen, or horticulturists to procure a
license hereunder for the privilege of selling exclusively
their own produce. This exemption shall not apply to nurseries
or other commercial establishments who buy goods for resale
as well as selling their own produce. However, this requi re-
ment is not intended to relieve such activities of use permit
provisions contained in zoning or other regulatory provisions
of the City of Cupertino.
Section 6 BOARDING HOUSES, ETC.
The provisions of this Code shall not be deemed or
construed to require the payment of a license fee to conduct
any boarding house, lodging house or apartment house containing
less than four sleeping rooms, or any private boarding house
or other place where meals are sold having less than four
(4) boarders.
Section 7 CONFLICT WITH CONSTITUTION
Nothing in this Code shall be deemed or onstrued to
apply to any person conducting any business exempt by virtue of
the Constitution or applicable statutes of the United States
or of the State from the payment to municipal corporations of
fees as are herein prescribed.
Section 8 VERIFIED STATEMENT
Any person claiming an exemption shall file a verified
statement or sworn affidavit with the City Clerk stating the
facts upon which exemption is claimed.
Section 9 ISSUANCE OF LICENSE
The City Clerk shall, upon a proper showing contained in
the verified statement or sworn affidavit, issue a license to
such person claiming exemption without payment to the City of
the license tax required by this Article.
Section 10. COUNCIL DISCRETION
In all cases of doubt as to any applicant being entitled
to an exemption from any license tax, or from the application
of any of the provisions of this Code, the burden of estab-
lishing the right of such exemption shall be upon the applicant.
All applications for exemption in such cases shall be referred
to the City Council which shall consider and act upon the same
and grant or refuse such exemptions as in the use of its
discretion it shall deem dust.
Section 11. A PPLICATION. ISSUANCE OF LICENSE
Every person required to have or obtain a license here-
under shall, within a period of thirty (30) days prior to the
effective date of such license, apply to the City Clerk f'or
such license and pay or tender to the City Clerk the amount of
the fee therefor as set forth in Schedule of License Fees.
Upon receipt of such application and such fee, the City Clerk
shall prepare and issue to every such person a license in
such form as the City Clerk shall provide, signed by the City
Clerk and impressed with the City Seal, which license shall
state the amount of the license fee paid therefor, and duration
of the license, the name of the person to whom issued, the
nature of the business license and the location or place where
such business is to be carried on, and the number and
description of the vehicle to be used in the conduct of such
business in the City of Cupertino. The duration of the license
shall be that set forth in Schedule of License Fees.
Section 12. MISTAKE IN AMOUNT
In no event shall any mistake made by the City Clerk in
stating the amount of the lice:zse fee, or in receiving the
license fee, prevent or prejudice the collection by the City
of the amount actually due, together with all the costs of
collection, from any person for conducting any business
without a license or for refusing to pay the license fee
specified therein.
Section 13. NUMBERED PLATES
The City Clerk shall issue numbered plates to each
licensee who is issued a license for conducting a business by
vehicle; one plate for each vehicle so used, which plate sl~,ll
be placed conspicuously on the rear of each such vehicle. No
person shall place any such pl:~te on a vehicle not used by
the licensee in such business, or drive or operate a vehicle
upon which a plate is placed iri violation of these provisions
or drive or operate a vehicle Engaged in any such business
upon which no plate is placed.
Section 1~- DATE OF LICENSE
Annual licenses shall datE~ from the first day of January
of each year; quarterly licensE~s shall date from the first
day of January, April, July and October, respectively; monthly
licenses shall date from the first day of the calendar month
for which they are issued; dai~_y or weekly licenses sha 11 be
due and payable each day or weE°k in advance.
Section 15. ANNUAL LICENSE FEf',S. HOW AND WHEN PAYABLE.
All annual license fees, under the provisions s aced
herewith, shall be due and pay~.hle in lawful money of the
United States in advance of thE~ first day of January of each
year. Any person doing busine~;s for less than the full year
and for which business an annu~.l license fee is provided in
this Code shall be required to pay the amount of such license
fee for a full year, except th~.t the fee for any such licence
issued on or after July first of any year for the remainder of
such calendar year to a person never previously licensed or
subject to be licensed by the C',ity for the conduct of such
business shall be fifty (50/) x,ercent of the annual license fee
prescribed for such business wr~ere such fee is a fixed amount
and is not based upon gross receipts.
Section 16 OTHER LICENSE FEES.- WHEN PAYABLE.
Except as otherwise hereir. provided, license fees,,- other
than annual, required hereunder, shall not be prorated and
shall be due and payable in advance in lawful money of the
United States as follows:
a. Quarterly license fees on the first days of January,
April, July and October of each year;
b. Monthly license fees on the first day of each and
every calendar month.
c. Weekly license fees on Monday of each week;
d. Daily license fees each day in advance.
No greater or less license fee or amount of money shall
be charged or received than is provided for in Schedule of
License Fees of this Article and no license shall be issued
or authorized for any period of time other than or different
from that provided in his Code. Any license fee paid,
whether erroneously or otherwise, shall not be refunded.
Section 17. PENALTY
If any annual or quarterly license shall remain unpaid
at the end of the calendar month in which it becomes due and
payable, a penalty of five (5~) percent per month shall be
added to the same for each month that it remains unpaid, not
exceeding in the agregate a total penalty of fifty (50/)
percent of the amount of the license fee. Any such penalty
so imposed shall be collected by the person in charge of the
collection of the license to which the penalty is added.
Section 18. CIVIL OBLIGATION.
The amount of any license fee imposed by this Code
shall constitute a debt to the City and any person engaging
in business in the City without having a license from the City
Clerk so to do, shall be subject to an action in the name of
the City in any court of competent jurisdiction for the
collection of the amount of the license fee imposed by this
Code.
Section 19. CONVICTION. EFFECT ON DEBT.
The conviction and punishment of any person having
engaged in business without a license shall not excuse or
exempt such person from the payment of any license fee due or
unpaid at the time of such conviction, and nothing herein
shall prevent criminal prosecution for any violation of any
provisions of this Article.
Section 20. EXHIBITING LICENSE.
Every person having a license under the provisions of
this Code for engaging in business at a fixed place of
business, shall keep such license posted for exhibition while
in force in some conspicuous part of said place of business.
Every person having such a license, and not having a fixed
place of business, shall carry such license with him at all
times while carrying on business for which the same is
granted. Every person having a license shall produce and
exhibit the same, when applying for a renewal thereof, and
whenever requested to do so by any police officer, or by any
person authorized to issue or inspect licenses or collect
license fees.
Section 21. DUPLICATE LICENSES.
A duplicate license may be issued by the City Clerk 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 City Clerk a duplicate license fee
of 1.00.
Section 22. AMENDED LICENSE FOR CHANGED LOCATION.
Where a license is issued authorizing a person to conduct
a business at a particular place, such licenses may u on
applicat~.on therefor and paying a fee of ONE DOLLAR 01.00)
have the license amended to authorize the conduct of such
business under said license at some other location to which
said business has been or is to be moved.
Section 23. CHANGE IN OWNERSHIP.
Where there has been a change in ownership of a
previously licensed business and said change consists solely
of either the addition of owners or the withdrawal of an
owner an amended license shall be issued in respect to said
business upon the payment of the fee of ONE DOLLAR 0 1.00).
Section 2~. UNEXPIRED LICENSES HERETOFORE ISSUED.
Where a license has been issued by the City for any
business and the tax or fee paid therefor under the provisions
of any ordinance heretofore enacted and the term of such
license has not expired, then the license fee prescribed for
said business by this Code shall not be payable until the
expiration of the term of such unexpired license.
Section 25. REVOCATION OF LICENSES.
Any license issued under this Code is subject to revoca-
tion for cause in the manner provided by law. Complaints
against any licensee seeking a revocation of license must be
in writing and must set forth ~~ne or more of the grounds
hereinafter enumerated, which ,hall constitute the basis for
the revocation of the license :issued hereunder.
A written report of the City Clerk or of the Chief of
Police or any officer or emplo;~ree of the City disclosing
asserted violations of law or ~~rdinance by the licensee shall
be deemed a complaint within the meaning of this section. All
complaints must be verified un:Less made by police officers
or employees in their official capacity.
Section 26. GROUNDS.
The following are the gro~a.nds which shall constitute
the basis for the revocation o:f a license:
a. When the continuance of the operations of the
licensee under such license sh~~.ll be contrary to the public
health, safety, peace, welfare and morals.
b. The violation of any ~~f the penal provisions of
this Code.
c. The misrepresentatio~z of a material fact by any
applicant in obtaining any license hereunder.
d. The plea, verdict, o:r judgment of guilty to any
public offense involving moral turpitude charged against
the licensee.
Section 27. ~-EARING.
Complaints may be filed with the City Council and upon
the filing thereof the City Co~a.ncil, after investigation, if
it deems such complaint to warrant further consideration,
must provide fora public hearing thereon and determine
whether or not such license sh~~uld be revoked.
Section 28. NOTICE.
The City Council shall ca~~.se to be given written notice
of the time and place of the hearing of the complaint or
report, which notice is to be given to the complaining party
as well as to the licensee. The hearing shall be set for a
date not less than five (5) da~;~s subsequent to the mailing
of the notice. The notice to ;paid licensee shall be sent by
registered mail, addressed to said licensee at his address
as shown in the license records of the City, and enclosed with
such notice shall be a copy of the complaint or report filed
with the City Council. All he~~,rings before the City Council
shall be conducted informally ~~.nd the Council shall not be
bound by any statutory rules o:f evidence or procedure, but
shall make inquiry in such manner as it deems advisable to
protect the rights of the parties and to carry out the purpose
of this Code. Any licensee sh~~,ll be entitled to have witnesses
subpoened and to appear and gi~~e testimony with respect to
the charges made against him. The decision and conclusions
of the City Council shall be final and conclusive. If the
City Council shall order the revocation of any license issued
hereunder, no person whose license has been revoked shall
thereafter conduct such busine;~s in the City, until he shall
receive a new license therefor.
Section 29. NO REFUND OR NEW :LICENSE.
Upon such revoca ion of a license, no part of the license
fee collected shall be returned but shall be forfeited to the
City. When the license of any person is revoked for any
cause, no new or other license shall be granted to such person
within six (6) months from the~date of revocation.
Section 30. IDENTIFICATION CA:ftDS REQUIRED.
oncurrently with the iss~zance of a license for any
mechanical amusement device which furnishes or may be operated
as a game, contest or amusement, or any vending machine,
weighing machine, or machine or device furnishing astrological
readings, foot-ease servicing, automatic shoe shinings,
automatic instrumental or phonographic music, the City Cle~c
shall issue and furnish an identification card for each such
device or machine so licensed showing the name of the owner
and the location where such device or machine is to be operated,
and the name and address of both the owner and the operator of
such device or machine. Such identification card shall be
and remain attached to said device or machine at all times.'
A change in the particular device or machine at the place of
business specified on the license may be made at the option
of the owner or operator thereof at any time during the period
designated in said license where such change is the substitution
of a device or machine of the same type and the owner or
operator thereof shall notify the City Clerk of such change.
Section 31. ENFORCEMENT AUTHORITY.
The Chief of Police, or such other person who may be
hereafter designated, and all police o ~Lcers of said City
shall have and exercise the power to make arrests for the
violation of any of the provisions of this Code and to enter,
free of charge, at any time, any place of business for which
a license is required by this Code, and to demand the exhibition
of such license for the current term by any person engaged or
employed in the transaction of such business; and if such
person shall then and there fail to exhibit such license, such
person shall be liable to the penalty provided for a violation
of this COde.
Section 32. LICENSE COLLECTOR AUTHORITY.
The officer or officers, designated by the City Council
by ordinance or resolution to perform the functions of License
Collector and each of his or their- assistants or deputies
shall have the power and authority to enter, free of charge,
and at any reasonable time, any place of business licensed
herein, and demand an exhibition of its license and, with the
prior consent of the City Council, may deputize a qualified
accountant to examine the necessary books and records of any
such person in order to enforce the provisions hereof, or to
make an investigation to ascertain compliance herewith.
Section 33. LICENSE FEE. DURATION OF LICENSE.
The fee for any license required by this Code shall be
that set forth in Schedule of License Fees for the particular
business involved. The fee and the duration of the license
shall be annual, quarterly, monthly, weekly, or daily as
indicated.
Section 3~+. NON-TRANSFERABILITY.
No license hereunder shall be transferred 6r assigned nor
shall such license be constructed as authorizing any person
other than the licensee, to engage in the licensed business.
Section 35. SCHEDULE OF LICENSE FEES.
Every person con ucting any of the following businesses,
professions and activities in the City of Cupertino, the primary
nature of which is indicated in the following schedule, shall
pay the license fee set opposite the same:
A. License Fee
1. Apartment house and~or Group Residences ~ 12.00 per Year
Plus for each apartment unit 1.00
2. Attorney at Law 25.00 " "
3. Auto Court, Motor Court or Hotel 12.00 "
Plus for each unit 2.00 " ""
License Fee
~. Automobile Sales (new) i;zcluding repairs
services, access~~ries, etc. $50.00 per year
5. Automobile repair shop (:zo automobile sales) 25.00 "
6. Automobile Accessories azd Parts 25.00 " "
7. Aggregates 100.00 "
B.
1. Bakery and Bakery Goods 25.00 " "
2. Barber Shop, One chaff r 15.00 " "
Each additional c:zair 5.00 " "
3. Bath House and Turkish B;~,th 25.00 "
~. Bicycle and Cyclery Sales and Repairs 15.00 " "
5. Beauty Shop 15.00 "
For each employee
6. Bil~ia,rd and~or Pool Room 50.00 " "
C.
1. Candy Sales 20.00 " "
2. Carpet Cleaners 25.00 " "
3. Chiropractor 25.00 "
~. Cigar, Cigarette and Tob~~.cco Sales 25.00 " "
5. Confectionery 25.00 "
6. Contractor, both general and
subcontractor 25.00 a "
7. Clothing sales 25.00 "
D.
1. Drug Store 25.00 " "
2. Dairy Products 25.00 " "
3. Dry Goods Sales and Dep~~,rtment Store 25.00 "
~. Dairy Products 25.00 " "
5. Dentist 25.00 "
6. Doctor, Physician and Surgeon 25.00 " "
E.
1. Electrical Contractor an~~. Electricians 25.00 " "
2. Electrical Equipment Sales and Repairs 25.00 " "
F.
1. Feed and Grain 25.00 " "
2. Fish Market 25.00 " "
3. Florist 25.00 "
License Fee
~. Furniture Sales 25.00 per year
5. Furniture Repairing and Cabinet Shop 25.00 " "
6. Fuel Dealer (excepting Gas & Power) 25.00 " "
G.
1. Grocer 25.00 " "
2. General Merchandise Sales 25.00 " "
3. Gasoline and Oil Stations (all
services in connection therewith) 25.00 " "
H.
1. Hardware Sales 25.00 " "
2. Hotel .25.00 " "
Plus per room 1.00 " "
I.
1. Ice Sales, Retail, including Mechanical
Dispensers, Cold Storage (includ-
ing an establishment with food
lockers) 25.00 " "
2. Ice Cream, Sales, Parlors, etc. 25.00
3. Industrial and Heavy Manufacturing
Establishment 100.00 " "
J.
1. Jeweler, Sales and Service 25.00 " "
L.
1. Laundry agency, Laundry Business and
Laundry 25.00 rr rr
2. Lumber Dealer and Dealer in Building
Materials and Building Supplies 25.00 " "
3. Lunch Counter 15.00 "
M.
1. Mattress Factory and Mattress
Cleaning and Repairing 25.00 " "
2. Machine Shops and Welding 25.00 " "
3. Meat Market 25.00 "
~-. Mortician x-0.00 " "
N.
1. Neon Sign Installers 25.00 " "
2. Nursery, Plants and Flowers 25.00 " "
0.
1. Oil Companies 30.00 " "
2. Oculist, Optician and Optometrist 25.00 " "
3. Osteopath 25.00 "
P. License Fee
1. Paint Stores 25.00 Per Year
2. Planing Mill 26.00 " "
Including Lumber Sale~~ 5-,00 " "
3. Plumbers and Plumbing Shops 25.00 "
~F. Photographer 25.00 " "
5. Printer and Publisher 25.00 "
R.
1. - Radio, Service and Appli~~,nces 25.00 " "
2. Real Estate Brokerage 25.00 " "
3, Rooming House 15.00 "
Plus for each unit 1.00 " "
~- . Rest Home 25.00 " "
5, Restaurant 25.00 "
Including Creamery 37.00 " "
S.
1. Second-Hand Furniture De~~ler 25.00 " "
2. Shoe Repair 25.00 " "
3, Shoe-Sales and Stores 25.00
~- . Shoe Shine 6.00 " "
5. Sign Painter 25.00 "
6, Solicitor ~I-0,00 " "
7. Sheet Metal and Tin Shop 25.00 "
T.
1. Theatre, Less than 500 SE~ats 100,00 " "
More than 500 Sf~ats 150, 00 "
2, Tire Sales, Retreading, .~~e-capping
and Repairing 25.00 " "
3. Tractor Sales, Including Repairs,
Service, Accessories, etc.
0.00
5
"
~ . Trailer Court and Auto C~~mp 25.00 " "
Plus for each trailer 1.00 " "
U.
1, Upholsterer 20.00 " "
V.
1. Vegetable Dealer and Mar~iet 25.00 " "
2. Vegetable Truck Making RE~tail Sales X0.00 rr ..
W.
1. Wrecking Yards 100.00 " "
Section 36, UNCLASSIFIED PROFESSIONS, SERVICE OR BUSINESS
For any pro~"ession, service or business not o herwi se
classified, the license fee shall be TWENTY-FIV E (25.00)
DOLLARS per year.
Section 37. PERMIT FEES OF BUSINESS SUBJECT TO REGULATORY
PROVISIONS
Every person who conduc s any of the following businesses
and activities in the City of Cupertino shall pay a licens e fee
therefor in the amount and for the respective p eriods set after
the name of each business as follows:
1. Amusement Concession, when not connected with any f air
or c arnival, for each:
a Merry-go-round 6.00 per day
b Ferris Wheel 6.00 " "
c Scenic Railway 6.00 " "
d Shoot the Chutes 6.00 " "
e Dodge 'em 6.00 " "
f Swing 6.00 " "
g Any Mechanical Device for
Carrying Passengers 6.00 " "
h Ball Throwing Game 6.00 " "
i Ring Throwing Game 6.00 "
~ Fortune or other Wheel Game 6.00 " "
k Shooting Gallery 6,00 "
1 Keno, Lotto, or other and
similar games 6,00 " "
2, Auctioneer, first day 50.00 " "
Additional for each day that
such Auction is conducted,
thereafter 25.00 " "
3, Bowling Alley, Bat Ball or other
similar device, equipment. or
entertainment 15.00 per year
~. Boxing or Wrestling Bout 25.00 per day
5. Card Room, per table 20.00 per year
6. Circus or Menagerie or Wild West
Show or any like exhibition
under or enclosed by canvas 200.00 first day
Each Additional Day 100.00 per day
7. Dance, Public 5.00 "
8. Dog or Cat Breeding and~or Boarding
Kennels 100.00 per year
9. Dog or Cat Hospital 100.00 "
10. Fair or Carnival--first day 200.00 per day
Each additional day 100.00 " "
(Provided no portion of any street
shall be used for conducting any
fair or carnival therein.)
11. Fire and~or Bankruptcy and~or Wreck
Sale 100.00 per year
12, Grinding and~or Sharpening Knives,
Scissors, Cutlery, Lawn Mowers,
etc. When the person conducting
such business travels from place
to place by vehicle 25.00 " "
When Operating on Foot 25.00 " "
13. Itinerant Medicine Vendor 30.00 per day
1~+. Junk Collector, per vehicle 1.00 " "
15. Junk Dealer 50.00 per year
16. Occult Science, Including Astrology
Palmistry, Phrenology, Life Reading,
Fortune Telling, Cartomancy,
Clairvoyance, Crystal Gazing,
Hypnotian, ~fediumship, Prophecy,
Augury, Divination, Magic or when the
person who conducts same demands or
received a fee for the exercise or
exhibition of his art therein, either
directly or indirectly, or as a gift or
donation, or who cha rges admission 100.00 per day
17. Pawn Broker 100.00
18. Peddler 100.00
19. Street Vendor 100.00
20, Shooting Gallery 30.00
21. Skating Rink 6.00
22. Temporary Vendor 100.00
23, Used Motor Vehicle Deal°r 25.00
Section 38. PERMIT REGULATION; FOR CERTAIN BUSINESSES
No license shall be iss~~.ed for:
Amustment or recreation parlor or place
Billiard Room
Bowling Alley
Circus
Dance Hall
Device or Contraption
Itinerant Vendors
Mechanical Amusement De~Jice
Peddler
Pool Room
Private Patrol
Riding Academies,
Sideshow
Skating Rink
Solicitors
Menageries
Carnivals
Fairs
Shooting Gallery
Dog Kennels and~or
Junk Dealers
Junk Collectors
Occult Science
Club, Corrals and School
Hosp:Ltals
Until a permit has first been obtained
Council upon application in wr:tting fo
Section 39. A PPLICATION.
The application shall sett forth
1, The name and address of the
2. The name and addres;3 of the
per year
n n
per day
per year
rr rr
therefor from the City
r such permit,
the following:
applicant.
person by whom employed,
if any.
3. The nature of the ~>usiness for which a permit is
requested.
~-. The place where such business is to be conducted,
5. A brief description of the nature and amount cf'
equipment to be used in such business.
6. The personal descri~~tion of the applicant.
7, The applicant shall also be required to furnish
evidence of his identity of sur:h character as the City Council
may require and shall also be :required to furnish his finger
prints and thumb prints.
Section ~-0. GRANTING OR REFUS~~L OF PERMIT
The City Council may, a:'ter investigation of said
application and of said business proposed to be conducted,
grant or refuse to grant a permit. The City Council shall have
the right to refuse any such pE~rmit if it shall determine that
the granting of the same or thE~ conduct of the business will
be contrary to the preservation of the public peace, health,
safety, morals, or welfare of the City or its inhabitants. If
such permit is granted the Cit~r Council may impose such terms,
conditions and restrictions upon the operation and conduct
of such business, not in confl:Lct with any paramount law, as
it may deem necessary or exped~~_ent to protect the public
peace, health, safety, morals or welfare of the City or its
inhabitants. Any applicant for such a permit shall be
entitled to a hearing thereon ~~efore the City Council upon a
request therefor,
Section ~-. POSTING
Such permit shall be posted in a conspicuous place on
the premises where the business for which such permit is issued
is conducted, and shall remain so posted for the period the
permit is or shall be in force.
Section ~2. PERMIT FEES.
Unless otherwise stated in the Schedule of License Fees,
the fee for each permit shall be ONE DOLLAR (1.00) payable
in advance.
Section ~+3. NON-TRANSFERABILITY.
No permit issued under these provisions shall be trans-
ferable except by the consent of the City Council.
Section ~~-. REVOCATION SUSPENSION, HEARING, NOTICE.
When the City Council shall issue any perms under the
terms mentioYred rierewith, the same may be revoked at any time
thereafter by said City Council if said City Council becomes
satisfied that the conduct of such business does or will be
in any manner endanger the public welfare, or that the same
has been conducted in an illegal, improper or disorderly
manner. Said City Council may revoke or suspend permits
issued for any business where the proprietor or person in
charge thereof violates or permits any infraction of any law
of the State or any ordinance of the City. No permit for any
business shall be revoked or permanently suspended under the
terms set forth herein unless the permittee shall be adjudged
guilty of a misdemeanor hereunder or unless a notice and public
hearing thereof be first given the permittee, provided, however,
that any such permit may be temporarily suspended without such
notice or hearing by the City Council.
Section ~+5. POOL AND BILLIARD ROOMS-- POLICE INS PECTION
ANy pool room or billia hall and any room adjacent
to the same under the same management or control shall be
subject at all times to Police inspection and supervision
for the purpose of ascertaining if the provisions of this part
are being observed, and no personnel shall hinder, obstruct
or delay any police officer from entering any such place.
Section ~+6. LOCKING OR BARRICADING DOORS.
No person shall keep any door or entrance to any pool
room or billiard hall locked, barred, or barricaded in such
manner as to make it difficult of access or ingress to police
officers while two or more persons are present in such room,
and no person shall visit or resort to any such locked barred
or barricaded room or place protected in any manner to make
it difficult of access or ingress to police officers when two
or more persons are present.
Section ~-7. GAMBLING
No person shall permit gambling of any kind or description,
or playing any games whatsoever for money or anything of ~ralia.e,
within any pool room or billiard hall.
Section ~-8. CARD TABLES AND GAMES.
No card tables shall be kept, or any card games played
or allowed in any billiard hall or pool room.
Section ~I.9. HOURS
Every billiard hall or pool room shall be kept closed
between the hours of one otclock a.m. and six o~clock a.m, of
each day.
Section 50. DUTIES OF PROPRIETOR
t shall be the duty of the proprietor or manager for
each billiard hall or pool room to maintain a notice at the
front entrance thereof to the c;ffect that persons under the
age of eighteen (18) years of ~~,ge are prohibited from entering
the same, and it shall further be the duty of the proprietor
or the manager of such billiard hall or pool room to keep and
maintain a proper book or regi;~ter, and if in the opinion of
such proprietor or manager of such billiard hall or pool room,
any person there is not the agc; of eighteen (18) years, it
shall be the duty of such proprietor or manager to require
such person to sign his name, ~~.ge and residence on such
register, and upon the refusal of such person to sign, it shall
be the duty of the proprietor c)r manager to require said
person to immediately leave sa:Ld premises.
Section 51. MINORS
No person shall permit any person under the age of
eighteen (l8) years to enter any billiard hall or pool room.
Section 52. MECHANICAL AMUSEMI~NT DEVICE, IMPOUNDING
Any mechanical amusement device operated or maintained
in violation of any law of the State, or of any provisions
of this Code, or af. any conditions upon which a permit or
license may be granted, or of any lawful order of the Chief
of Police, or such other person who may be hereafter designated,
shall be deemed to be a public nuisance and shall be impounded
by the Chief of Police and, if any court of competent
jurisdiction shall determine that said device, or the use of
or operation thereof, violates or had violated any such laws
or ordinances, conditions, or orders, said mechanical amusement
devise shall be confiscated by the Chief of Police. Likewise
if any such device is placed, operated or maintained to be
operated with a current licensE~, the Chief of Police shall
immediately cause the same to lie impounded and shall not
release said mechanical amusemE~r~ device until a new permit
has been obtained in the manner provided for in this Code for
obtaining an o~ginal permit. Mechanical amusement devices
impounded under the provisions of this Section shall be held
for a period of thirty (30) da;;rs, and if not redeemed within
such period, may be destroyed Ur otherwise disposed of by the
Chief of Police, and any proceeds obtained from the disposal
thereof, together with all mon:tes thereon, shall be deemed
forfeited to the City to compe~~sate for the impounding of
such device.
Section 53. SLOT MACHINES PROHIBITED
No person shall install, operate or maintain any mechanical
amusement device which contains a payoff device for the return
of slugs, money, coin, checks, tokens or merchandise of any
mechanical amusement device of the class commonly known as a
"slot machine", or a "console";, and no permit or license shall
be issued for any mechanical amusement device of the type
mentioned in this section.
Section 5~+. PENALTIES
n addition to other pro,risionsfor the enforcement of
this Ordinance, it is provided that any person violating the
provisions of the same shall bc~ guilty of a misdemeanor and
upon conviction thereof shall be punished by imprisonment in
the City of Cupertino or the County Jail for a period of not
more than six (6) months or b;~r a fine of not more than FIVE
HUNDRED DOLLARS ($500.OOj, or ]~y both such fine and imprisonment.
Section 55. SEVERABILITY CLAUSE.
If any section, subsection, sentence, clause or phrase
of this Ordinance is for any r~:ason held to be unconstitutional,
such decision shall not affect the validity of the remaining
portions of this Ordinance. Tl~e legislative body hereby
declares that it would have passed this Ordinance and each
section, subsection, sentence, clause or phrase thereof,
irrespective of the fact that ~~.ny one or more sections, sub-
sections, sentences, clauses o:r phrases be declared uncon-
stitutional.
Section 56. POSTING CLAUSE.
Co y of this Ordinance, shall be posted in at least
three (3~ public places in the City of Cupertino within fifteen
(15) days after its passage as provided in Section 36933 of
the Government Code of the State of California.
Section 58. URGENCY MEASURE.
This Ordinance is hereby declared to be an urgency measure,
and shall be in full force and effect immediately upon its
adoption. The facts constituting such urgency are as follows:
The Ordinance is a revenue measure and is necessary for
the financing as well as the regulation of the City of Cupertino.
Introduced at a special meeting of the City Council of
the City of Cupertino on the 23rd day of January, 1956. Passed
and adopted at a regular meeting of the City Council of the
City of Cupertino on the 5th day of March, 1956, by the
following vote:
AYES: Councilmen: Lindenmeyer, Nathanson, Saich, Wilson
NOES: Councilmen: (None)
ABSENT: Councilmen: Meyerholz
Approved:
Ls/ Ralph E. Lindenmeye r
Mayor, City of Cupertino
ttest:
~ ~~~
~-~
City Clerk
I, LAWRENCE K. MARTIN, City Clerk of the City of Cupertino and
ex officio clerk of the legislative body of said City do hereby
certify that the foregoing is a true and correct copy of
Ordinance No. 10 on file in my office and that the same has been
published or posted pursuan'c to law.
~~i„ WITNESS WI-~EREOF ~ have hereunto set my hand and City Seal thi s
Y-~'. day o f ~~a~ sz-~^~, ~ 19 ~ 5,
City ler