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HomeMy WebLinkAbout0703ORDINANCE NO. 7e5 AN ORDINANCE amending Sections 10, 21 and 25 of-Ordinance No. 682, said ordinance No. 682 being entitled, 'SAN ORDINANCE licensing certain bus inessqivall•ings, trades, employments, games, amusements, entertainments or exhibitions within the City of Port Angeles, for the purposes of regulation; impos- ing an occupation tax; providing for the collection of license fees; for the suspension and revocatiol o.f licenses issued under authority of this ordinance; prof ding penalties =for y , the violation of any of the terms and provisions of-this -'or -`' dinance, and repealing all ordinances and parts of ordinances relating to the manner and form of applying for and granting of said licenses, the manner and form in which the same may be issued, the suspension and revocation thereof, which are in conflict with the terms and provisions of this ordinance on the same subjects,{' approved April 7, 1921. THE CITY COMMISSION OF THE CITY OF PORT ANGELES DO ORDAIN AS FOLLOWS: Section 1. That Section 10.of ordinance No..682 of the said City of Port Angeles, approved April 7, 1921, be and the same is hereby amended to read as follows: Section 1.0. Engineers of steam engines or steam boilers shall pay a license fee of the sum of Five Dollars ($5.00) for the first year after the granting and issuance of license upon original application therefor; but thereafter and upon the an- the license nual issuance of license in renewal of such original license/ fee shall be the sum of Two - Dollars ($2.00) per year. Section -2. That Section 21 of said °ordinance No. 682 of said City of Port Angeles, approved April 7, 1921, be and the same is hereby amended to read as follows: Section 21. All applications for licenses as herein pro- vided for shall be in writing and signed by the applicant, and -1- i r 4. shall give his name, age,.residence and business address, and, . such other 'informationas °may be required by the City Clerk or the City Commission'. Every license shall specify by name the person, firm or corporation to whom it shall.be issued, and designate the particular place at which the business`'shall -be ,carried on No license granted or issued under any of the prov,,isiefis of�thie ordinance or otherwise shall be in.any man- 'nex assigned or transferred;. or authorize any person,, other than is therein mentioned. or named to do business or authorize . any-other business than is therein mentioned or named.to be done or transacted; -or the business therein mentioned or named to be done or transacted at any place other than is therein mentioned. or named, unlessby permission or'consent of the City Commission; and no-license shall be issued to any person, firm, • association, - -club or corporation, except the atiount required • for said license shall have been first paid to the CityTreas- urer and his-receipt .therefor duly..attached to..-the- application, 'and.the City Clerk shall keep an alphabetical list . of all li- censes issued stating number, name, time, place, and kind,of business, the'amount paid,•and such other information as may.. be.necessary.• A11' applications for licenses as herein pro- vided-, shall with the'Treasurer's receipt for said license fee thereto attached, be-filed with -the-City C-lerk, who shall sub- mit-the same to the City. Commission for its approval, rejec- tion or granting thereof; and no application for - license prop- erly so made, filed and submitted shall be rejected or.denied unless and until a hearing be had thereon by the City-Commission after notioe'of'at.- least..five days to said-.applicant to be pres -• ent at such hearing and make showing why such application should. not be rejected or- denied. If upon such hearing it shall ap- pear and be found by said City Commission that the statements contained in such application -are true_, that said applicant gip, • • =re te.. _ J _ • of good moral character and qualified according to all require- ments under the laws of the state of Washington and the ordi- nances of said city.to carry on the business or do the acts and things contemplated to be carried on or done under such license, that the premises, means and equipment upon or by means of which said applicant intends to carry on the business or do .the acts and things contemplated to be carried on. or done under such license are sufficient, safe, sanitary and in full accordance with the laws of the state of Washington and the ordinances of said city, and that'such premises have not during a period of six months, theretofore been used or occu- pied for any illegal or immoral purposes or business, then • the said City Commission shall grant such application for 1i= cense, but otherwise such application shall be by said com- mission rejected and denied and such license so applied for not granted or issued. PROVIDED, however, that in all cases herein provided for where licenses O�vGt may be i sued or a period -r tylpe .of 'less than one year, i°'lcenses° for dog issued by;the City Clerk in the first • instance, who shall thereafter report the sane to the City Commission at its next meeting after said issuance.' Section 3. That Section 25 of said ordinance No. 682 of the .said'Cit of Port Angeles, approved April 7,.1921, be and the same _isinow hereby amended to read as follows: Section 25. After a hearing before the City Commission -o'f`th'e'-City of Port Angeles, any license issued under the pro- visions of this ordinance may be revoked by said Commission - for any violation of the provisions of this ordinance or any 'other ordinance regulating the business'for which saidli- cense was issued, -- = - - or upon good cause shown, and any person conducting any business for which a license is -3- required by•this ordinance, after notice of such revocation,. shall be liable to the penalties herein provided for conduct- ing such business without a license; PROVIDED, that before any lioenseis issued for pawnbrokers, auctioneers, or second- hand dealers, there shall be written or printed thereon the words "Subject to revocation by the,City Commission, without L. notice, for the violation of any of the provisions,oi`Ordinance ! •' -y - _ No. 682, passed by "thef'City Commission ' on the 7th,,d y� of April, J 1921, or any other ordinance of the -City of Port Angeles, or for the violation of any of the laws of the State of Washington, or good ."cause shown ". The term "good cause shown" as herein used, . shall be construed to be and mean disregard of warnings and notices by police officers of infractions of this ordinance or other ordinances of said City; drunkenness, or the committing of any offense involving moral'turpitude, or a failure of any licensee, or. the premises upon, or equipment with which, his business is carried on or acts or things done under any license, to comply with and conform to the requirements for the original granting of such license as set forth above in Section 21 hereof. The Commissioner' of Public Safety is hereby empowered' to sus- pend any license issued under the provisions of this ordinance pending a hearing before the City Commission, and after notice of such suspension, any person conducting any business for which such license was issued, shall be liable for the penalties herein provided for conducting such business without a license. Section 4. Whereas said ordinance No. 682 of the said City of Port Angeles, approved April 7, 1921, is of doubtful constitutionality and validity by reason of_the fact-that-there . is in said ordinance no rule, requirement or standard stated by which said City Commission are guided or controlled in the granting or denying of applications for licenses and this ordi- nance is necessary for the immediate preservation of the public \.� -a- "� • s peace, health and safety. Now therefore there is urgent neces- sity and emergency for the passage and adoption and taking ef- fect of this ordinance for the immediate preservation of the public peace,. health and- safety, which urgency and emergency is now hereby declared to exist; therefore this - ordinance , shall be in full force and effect from and immediately upon its passage, approval and publication. 1 r r Passed first-reading' by the City Commission o� a�; 1921; passed second reading by the City Commission % \f 1921; passed third reading and adopted -by the City.Commission 6) &4 c!— 1921. Approved and signed by the Mayor • Attest: City Clerk. Approved - -as to form: City Attorney. All Date of publication (!f-c /1 ' ( , 1921. ems- tip , 1921. Mayor. Li LA,