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HomeMy WebLinkAbout0971ORDINANCE No. 97 AN 0PDINANCE Relating to and providing for the licensing of certain occupations, vocations, trades, amusements, places of amusement, exhibitions, entertainments and certain motor and other vehicles; Defining offenses; Providing certain regulations for same; Providing penalties; Providing for the suspension and revocation of licenses; Repealing ordinances No. 418,452, 682, 693, 703, 757, 805, of the City of Port Angeles and other ordinances and parts of ordinances in conflict herewith. THE CITY COMMISSION OF THE CITY OF PART ANGELES DOES ORDAIN AS FOLLOWS: GENERAL PROVISIONS. Section 1. License Code: This ordinance shall constitute "The License Code" of the City and is considered an exercise of the police power of the City for the protection of the public welfare, health, peace and morals, and these provisions shall be liberally construed for such purpose. Section 2. The Word Person" Defined: The word "person" wher- ever used in this ordinance shall be held and construed to mean and include natural persons of either sex, firms, co- partnerships and corporations, whether acting by themselves, by servant, agent or employe. The singular number shall include the plural and the masculine pronoun shall include the feminine. Section 3. Licenses Not Transferable: No license issued under the provisions of this ordinance shall be transferable or assignable, unless specifically otherwise provided for. Section 4. Licenses to be Posted or Carried: All licenses issued pursuant to this ordinance authorizing the maintenance or conducting of any occupation, business, trade or entertainment at a specified location, shall be posted in a conspicuous place at such location; provided, however, that when the licensee has no established place of business and goes from place to place or from house to house, then such license must be carried on the person of such licensee while actually engaged in the licensed occupation, ousiness or trade. Section 5. Partial Invalidity: If any section, eub- section, euo- division, sentence, clause or phrase of this ordinance is for any reason 1,eld to be unconstitutional or void, such decision shall not affect the validity of the remaining portion of this ordinance. Section 6. Licensee Good Only at Location Stated: Unless otrertise specifically provided, no license issued under authority of this ordinance shall entitle the ..older thereof to maintain or conduct the business, trade, occupation, calling, exhibition or en- tertainment, for which he has procured such license, at any otter place or location than that stated in such license, except upon written consent of the City Clerk first had and obtained; provided that the consent by ordinance of the City Commission shall be re- ouired to authorize such change in location under licenses granted by the City Clerk. Section 7, Surety Bonds: Whenever a bond is reouired for any amount, except as otherwise specifically provided, it shall be held and construed to mean a surety company bond with the licensee as principal and some surety company authorized to do business in the State of Washington, as surety. Such bond must be approved by the City Attorney as to form, and by the Mayor and City Clerk as to sufficiency of the surety. Section 8. Time Limit of Licenses: Excepting licenses :;ranted for temporary amuserente ,or occupations, all licenses shall expire on the 30th day of June of each year and applications therefor shall be tade and licenses issued to expire on June nth following the connection; the applicant shall nay such proportion of the annual the neriod fee provided as/Ito to and ir.Lls : :..; ,tune ,::., followi g the date of the application bears to a year; provided, however, tlis provision shall not be Construed to impair the validity of a license in Hood standinry upon t.e effective date of this ordinance. .10 ,7 Section 9. Applications for License to Contain: In addition to the special provisions of certain sections of this ordinance, all applications for license under this ordinance shall be in writing, signed by applicant, and shall disclose his name, age, residence, business address and all such other information as may be required by the City Clerk or City Commission. Each license shall give the name of the person to whom issued, designate the exact location at which the business so licensed shall be carried on. No license granted under any of the provisions of this ordinance shall be in any manner assigned or transferred nor shall it authorize any per- son other than the one named, to conduct the business at the place specified;, nor shall it authorize any other business than that spe- cified.lit--he 1i -cense to be transacted, nor shall it authorize the business specified to be transacted,at any other'plabe than that set forth in the license; Provided, however, in case of destruction of the premises, the Commission may consent to a change of location. No license shall be issued to any one unless and until the amount of money required shall have first been paid to the City Treasurer and his receipt duly attached to the application. The City Clerk shall keep an alphabetical list of all licenses issued stating the number, name, period of license, location and street address, kind of business, fees paid and such other informa- tion as may be necessary and desirable in such record. Section 10. Licenses for Transfer and commercial trucks, fuel trucks and wagons and for dogs may be issued directly by the City Clerk; all other licenses shall be submitted to the City Commission. Section 11. Revocation of Licenses; Hearing: After a hearing before the City Commission ofthe City of Port Angeles, any licen8¢ issued under the provisions 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 said license was issued, or upon good cause shown, and any person conducting any business for which a license is required by this ordinance, after notice of such revocation, shall ber liable to the penalties herein provided for conducting such business without a license; Provided, that before any license is issued for pawnbrokers, auctioneers, or second -nand dealers, there shall be written or printed thereon the words "Subject to revocation by the City Commission, without notice, for the violation of any of the provisions of Ordinance No. or any other ordinance of the City of Port Angeles or for the vio- lation of any of the laws of the State of 1+ashington or good "cause shown ". • • { The term "good causes zun ", as herein used, shall be con- strued to be and mean disregard of warnings and notices by police officers, disregard of this and other ordinances of said city; drunkenness, or the committing of any offense involving moral tur- pitude, or a failure of any licensee, or the premises upon, or eouipment with which, his business is carried on or acts or things done under any license, to comply v:iith and conform to the require - ments for the original granting of such license as set forth in this ordinance. The Corcissidner of Public Safety is hereby em- powered to suspend 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 ouch license was issued, shell be liable for the penalties herein provided for conducting such business without a license. Section 12.Rebates: !To rebates shall be allowed on any license except in cases where the buildings used by the licensee to conduct its licensed business shall have been destroyed to such an extent that it is impracticable to continue said business, in such event the City Commission shall have discretionary power as to re- bates. Seetion 13.Business Sins Shall Indicate Nature of Business: In any action or prosecution brouc-ht under or arising out of tree provisions of this ordinance, the fact that the party thereby representing himself, herself or itself as engaged in any business or collin for the transaction of which a license is provided for by this ordinance, or that such party exhibited a sign indicating such business or calling, shall be deemed conclusive evidence-of the liability of such party to nay for a license. -5� 1 • AMUSEMENTS AND AMUSEMENT PLACES Section 14.Temporary Amusements: It shall be unlawful for any person, either directly or indirectly, to open, conduct, manage, control or be connected with the opening, conducting and management or control of any place of amusement, entertainment or exhibition, or any of the rooms or buildings, halls or theatres, for which licenses are herein provided, where the same is conducted for the purpose of profit and open to the public, without first having paid the required license fee and procured a valid and subsisting license and permit therefor as provided herein. • Section 15 Fees for Amusement'Licenses: The fees for amusement licenses shall be as follows: All chautauguas, circuses, plays, operas and other exhibitions not showing in a regular licensed theatre or hall shall be licensed in advance at the following rates: (a) Chautauqua First day A50.00 per day. Each additional day $25.00 per day. (b) Circus, wit.4 menagerie, $250.00 per day. (c) Circus, without menagerie, A200.00 per day. 1. Sideshows in connection with and on same ground as circus, each separate • hoer charging admission, $10.00 per day. fd) All dog and pony shows, train4d animal shows, and all other similar shows; all Ferris wheels, air swings, riding galleries, merry - go- rounds or other similar amusement devi- ces; ring boards, knife racks, paddleboards, throwing stands, wheels or other similar de- vices; all striking machines, lifting machines, and other devices for thetest of skill or strength not otherwise enumerated, and all de- vices or equipment not otherwise named; For each separate exhibition, device or amuse- ment, $10.00 per day. (e) All exhibitions of mesmerism or hypnotism, or of any freak or curiosity, and all other exhibitions not enumerated, For each exhibition, $10.00 per day. Provided, however, that displays of hypno- tism or mesmerism in show windows or other places outside of the room or place where the exhibition is given are prohibited. (f) All shooting galleries and places for target` practice, X51.00 per day. 425.00 per year. -6- Provided, however, that no shooting gallery shall be set up or conducted without the special approval of and pdrmit from the Department of Public Safety. (h) Street fairs, carnivals or similar amuse- ments conducted in a hall, tent or inclos- ume where general admission is charged to the grounds or inclosure, $50.00 per day. Provided, however, the above license fee for carnivals and street fairs shall not in- clude exhibitions showing within the grounds for which a further admission is charged. Such exhibitions shall be re- quired to pay licenses as follows: 1. All merry -go- rounds and other mechan- ical riding devices, For each device, $10.00 per day. 2. All animal shows, athletic exhibitions, curiosities, sideshows,. each exhibition charging separate admission, $10.00 per day. 3. All striking or lifting machines, throwing or shooting galleries or simi- lar devices; all ring boards, paddle boards, wheels, doll racks, knife racks and similar stands and devices, and all separate stands or exhibitions not espe- cially enumerated;.. For each separate device or amusement, .-charging admission or fee, $10.00 per day. (i) All circuses, carnivals, street fairs and other similar exhibitions showing or operat- ing within the city shall be required, in addition to the license fee, to deposit with the city treasurer the sum of $100.00 as a guarantee that the grounds, premises, streets and alleys occupied by such exhibition shall be thoroughly and properly cleaned and all refuse and garbage disposed of to the entire satisfaction of the Department of Public Health and also to pro- tect the said city and provide payment to the said city for all damages occurring to streets, side- walks, parking strips or other public property; no license shall be issued until such deposit is made. (j) Lectures, recitals, readings and musical en- tertainments given for profit and not showing in any regularly licensed theatre or play- house, each X10.00 per day. (k) Theatrical performances, plays, operas and other amusements by itinerant com- panies or troupes showing in tents, halls or in any place other than a regularly licensed theatre, For the first seven days after opening, including the opening performance, s50.00.per day. For each day after the first seven dur- ing the engagement, $25.00 per day. -7- (1) Public dances not conducted in a regularl licensed dance hall, 5.00 per day. PROVIDED, HOWEVER, That when any reading, theatrical or musical entertainment, re- cital, lecture of dance is given by any local educational institution or by or under the auspices of any local musical, charitable, industrial, religious or civic or ganieation or society, no license shall be required. Section 16.Permanently Established Amusements; All public halls or inclosures maintained and conducted for the purpose of public amusements shall pay license fees as follows: (a) Theaters for the production of moving picture shows or other theatrical performances, $100.00 per year. (b) Public dance halls (c) Amusement parks (d) Skating rinks 1100.00 per year. $100.00 per year. $25.00 per year. BILLIARD ROOMS AND CARD ROOMS Section 17.License Pees: All persons, firms or corporations desiring to operate and conduct the following rooms or places de- voted to public amusement and open to the public for profit shall be required to nay licenses in advance as follows: (a) Bowling alleys, each separate alley, $10.00 per year. (b) Billiard, pocket Billiard or pool table or similar gaming table, each table, $10.00 per year. (c) .Card tables for social card games, each table, $5.00 per year. Section 18. Closing Time: All public bowling alleys, pool and billiard halls, card rooms and stores operating card rooms in con- nection therewith shall be closed from midnight until 6 o'clock, a.m. Section l9. Betting or Gambling: No provision herein contained for the licensing of pool, billiard or card tables or other amuse- ments shall be construed as permitting betting or gambling. r AUCTIONEERS AND AUCTIONS Section 20. Auctioneer's License: It shall be unlawful for any person to sell or offer for sale any goods, wares, merchandise, or other personal property or real property of any kind or nature, at auction, without first procuring a license so to do, to be known as an "Auctioneer's License". The fee for such license shall be the sum of One hundred 0100.00) Dollars per year, and no such license shall be issued in the name of more than one person, nor in the name of any firm, company or corporation; provided, that no license shall be reouired of any public officer, executor, ad- i ministrator, guardian or trustee who shall sell or offer for sale at auction any property pursuant to legal process. Section 21Auctioneer's Bonds: Any applicant for an auction- eer's license shall file with his application therefor a surety bond duly executed in the penal sum of One thousand ($1000.00) Dollars, running to the City of Port Angeles, conditioned that the said principal shall conduct all auctions in an orderly manner and abide by the provisions of this ordinance and all other ordinances and state laws and that no fraud or imposition shall be practiced upon the buyers at the auctions conducted by the applicant and that a true and strict account and record of all sales shall be kept as a permanent record and also rendered to the persons employing said auctioneer. Said bonds shall be further conditioned that any per- son shall have the right of action and redress under said bond. No itinerant or transient person shall be granted an auctioneer's license. Section 22.Police Inspection of Record Book of Auctioneer: The record book reouired to be kept by auctioneers and all properby bought or received by the auctioneer shall at all times be subject to inspection by the officers of the Police Department. Section23. Buying From Minor Unlawful: It shall be unlawful for any auctioneer to buy or receive any property from a minor or from a person under the influence of liquor or narcotics or from any person whom he has reason to suspect of being dishonest. Section 24.Sale on Private Premises of the Oti:ner: «here it is desired to conduct the sale of livestock, farm implements, second hand furniture or utensils to be sold upon the private residence premises of the orner, a license for each such auction sale shall oe granted for the fee of Five (P5.00) Dollars. Section 25. Auction 'dooms: It shall be unlawful for any person or persons to conduct a room or store open to the nuolic and rkere goods intended for auction are regularly received and re- €ularly offered for sale at auction withmut first having secured an auction room license for such room or store. The fee for such auction room license shall be Ten (11O.00)Dollars, per month, or a portion thereof, or Fifty (150.00) Dollars per year. • BILL POSTERS Section26. Bill Posters: An person who shall post, affix, protect or in any r.anner display advertiainT matter on any oillooard, culletin ooard, si -n board, electrical or illutiinated si.�n or any cuildinr or other structure, maintained for advertisin_; purposes F..all e deer. ..ad to oe a bill caster it'in the :.ea :inw of the or- dins nce. Section 27.It stall be unla yful for any person to engage in the business of bill nostinm or carry on said occupation within the 2ity of Port An •eles without first havims obtained 2 license fro? %. ti:e o'id• City so to do; Provided, horrev r, this shall not oe construed to apply to persons adv :rtisin union ,any-. ouildin4 for the business carried on witLin the said buildin,s or structure. The n2me o th ;: licensed gill vaster n.ust be plainly --arked on each board or structure used for -- osting or display. 'lection28. Bill Poster's License Fee: Every oill poster snail nny an annual license fee of `"25.00. Section29. It wall ae unlawful for any nerFon, licensed or otherwise, to -lost or affix advertising or other matter upon any ouildinc or structure without first securing the written oern }iesion from the oLner or the authorized representative t44re'Df . It snail be un.av'ful for any person to not or affix any notice, advertise- ment or other devise contemplated to attract the public attention upon any sidewalk, curb, pavement, hydrant or trees or tree poxes in narking stripe. This provision s..a11 not apply to Fucf bulletins or notices issued u*der t`.:e authority of Federal, Stagye or unicinal officers. CAFES, RESTAURANTS, DINING HALLS, LUNCH STANDS OR EATING HOUB3S. Section 30.Hereafter it shall be unlawful for any person, f inn or corporation, to operate or conduct any public safe, restaurant, dining hall, lunch stand or eating house in the City of Port Angeles, without having paid an annual license fee Therefor which is hereby fixed in the sum of Fifteen (w15.0O) Dollars per year. -11- COM2ERCIAL VEHICLES Sectional. Commercial Vehicle: within the meaning of this ordinance shall include all vehicles for the transportation of passengers for hire, or for the transportation of merchandise from place to place over and upon the public streets of the city of Port Aneles. Section32For Hire Car: shall mean any automobile, taxicab, or other motor vehicle operated for the purpose of carrying passen- cers for hire which is located at and rented from a fixed and de- s imnated stand in the city, rhere the time, route and destination of trips are indicated and controlled by the passengers. This F, classification shall include all motor vehicles operated from any point within the city to other points within or without the city, or from points outside of the city to points within the city. Section33. Jitney Bus: shall mean allmotor tehicles carrying passengers for hire within the limits of the City over a prescribed route and according to a schedule. Section34. Auto Stage: shall mean'motor vehicles carrying passengers or freight for hire, operating on a fixed route and schedule between fixed points within the city, or from a terminal or Point in the city to points outside the city or from points or - ,Eterrninals outside the city to points within the city or operating from points outside the city through the city in the event passen- gers are picked up within the city. Section35. Motorcycle: shall mean motor vehicle of two or ttrree wheels, intended to carry one or two persons and onerated on the streets of the city for the transportation and delii'ery of small parcels. Section36. Transfer Truck: shall mean any motor truck or dray used for the general transfer of freight or merchandise for hire, and subject to hire by any person. _12- • fi Section37. Commercial Trucks: shall mean any motor truck designed. for and used for the transportation of merchandise and freight over and upon the public streets of the City of Fort Angeles, other than those designated as transfer trucks. Commercial trucks shall also mean and include trucks carrying tools, supplies and equipment about the city, commonly known as "service trucks ", and trucks equipped to raise, move and tow disabled motor vehicles, said trucks being commonly knownV as "wreckers':. 0 • Section38. Trailer: shall mean any unpowered vehicle desigaaed to be attached to a motor vehicle for the purpose of being drawn by such motor vehicle. Section39. Owner: shall mean the person, firm or corporation who shall make application for or be granted a license to operate any commercial vehicle over the public streets of the City of Port Angeles. Section 40.It shall be unlawful for any person to cause to be operated, operate or drive a commercial vehicle within the City of Port Angeles without first having taken out for each and every vehicle so used a license so to do, known as a commercial vehicle license. Section4l. Commercial Vehicle License Fee: Fees for licenses for commercial vehicles shall be as follows, to wit: For each "Rent car" One Dollar per annum for each passenger seating capacity. For each ";auto stage" the sum of One Dollar per annum for each passenger seating capacity. For each "transfer" or "commercial" truck: 'Neighing 3000 pounds or less, $2.50 per annum. Weighing more than 3000 lbs. and not to exceed 6500 lbs.,$5.00 per annum. Weightng more than 6500. lbs. and not to exceed 10,000 lbs., ,$7.50 per annum. Weighing more than 10,000 lbs. and not to exceed 12,000 lbs., $10.00 per annum. Trailers used as trucks, $2.50 per annum. For each motor cycle the sum of $5.00 per annum. Capacity: Section 42.Weight of Truck Not To Exceed Licensed It shall, be unlawful for any person to cause to be operated upon the public streets of the City of Port Angeles any truck or truck and trailer which, with or without load, shall weighY more than the licensed capacity thereof. In no event shall any commercial vehicle, including -14-- 1 its load, weigh more than twenty -four thousand pounds. Section43. Seatin' Capacity: The seating capacity of any motor vehicle for the purpose of this ordinance shall be the maker's rated seating capacity, or in case of reconstructed motor vehicle, the normal seating capacity without allowance for tem- porary seats. 44. Section Transfer of Licenses: It shall be unlawful for any person to operate a commercial motor vehicle in a manner not oro- vided or included in the license for same; It shall oe unlawful for any person to transfer any license from one vehicle to another or to use a license for any vehicle other than the one for which the same has been issued, without the consent of the City Commission. Section45. License Plates to be Displayed: Suitably marked license plates shall be furnished by the City Clerk to all properly licensed commercial vehicles and shall be displayed upon such vehicle in a conspicuous place. Section 46.Liability Insurance: %tiers of all auto staes, jitney buses, for hire cars and motor vehicles engaged in the busi- ness of carrying and transporting passengers for hire in any motor propelled vehicle operating over and along any public street, road or public place in the City of Port Angeles (except carriers operat- ing under certificates from the Washington Department of Public Works), shall be required to deposit with the City Clerk of the City of Port Angeles insurance for personal liability and property damage exe- cuted in the customary manner and conditioned for the payment of sums on account of negligence in the operation thereof. Such in- surance shall be provided for payments on such recoveries up to "5000 for personal injuries and for up to $2000 in property damage. Such insurance shall be with a- company recognized and authorized to do business in the State of Washington and approved by the City "omnission. Said insurance shall be maintained in good standing by the owner of any vehicles carryin^ paesen7ers for hire within —15- • 1 r said city and failure to maintain said insurance in gold standing shall be cause for suspension end revocation of license to onerate said vehicle. Section 47. Inspection of Passenger Vehicles for Hire: All vehicles carrying passengers for hire shall be kept in a clean and sanitary condition and in a safe condition for operation. Inspection shall be made at reasonable times by tte Decartrnent of Public Safety and all such licensed vehicles shall be main- tained to conform to the reasonable reouirements of tris Depart- ment, including the Department of Public Health. Section 48. Revocation of Licenses: The license for any auto stage, for hire car or vehicle carrying passengers for hire may be revoked and cancelled after notice and hearing by the City Com- mission for any of the reasons Provided among the general provi- sions of this ordinance and also in the event that the driver of said vehicle shall be convicted under the City Ordinances or state laws of reckless driving, driving while intoxicated or under the influence of narcotics, or for any crime involving moral turpitude. Section 49. Animal Drawn Vehicles: Every person operating animal drawn vehicles for transportation of freight or passengers on the Public streets of the City of Port Angeles shall be re- auired to pay a license to onerate the same as follows: (a) For each conveyance for the transportation of freight or passengers, Five Dollars per annum. (b) For each fuel wagon hauling wood or other fuel into or about the City of Port Angeles, Five Dollars per annum. DOGS section 50.T''very person owning or keeping a dog v7ithin the City of Port s'ngeles shall pay a yearly license fee to the City Treasurer of the City of Port Angeles and secure from the City Clerk a license for each dog as follows: For each male dog the sum of One Dollar per annum. For each sterilized. ferule dog the sun of One Dollar per annum. For each unsterilized female dog the sum of ;2.50 per annum. • • 1 E;.eLOYE7NT AGENTS AND AGENCIES. Section 51. Employment Agency Defined: The term "Employment Agency ", as used in this ordinance, shall be held to mean and in- clude the business of keeping an intelligence office, employment bureau, or other agency for procuring work or employment, and the term (Employment Agent" as herein used shall be held and construed to mean the licensed owner, proprietor or manager of such employment agency, or office, and all persons acting in his behalf. Section 52. Employment Agency, License, Fee: It shall be un- lawful for any person to engage in business as an employment agent without having a valid and subsisting license so to do, to be knnwn as an "Employment Agency License ". The fee for an employment aenc y license shall be, and the same is hereby, fixed in the sum of Twenty- five Dollars - - -- per annum; nr.ovided, however that the provi- sions of this section shall not apply to employment agencies conduct- ed by the city, state of Federal government. Section 53.Employment Agent :list be Bonded: Each applicant for an employment agency license shall file with the City Clerk a surety bond in the sum of S 500.00 running to the City of Port Ange- les for the use and benefit of the said city and all persons dealing with the licensee or his agent in his licensed capacity as employ- ment agent, which bond shall be conditioned that the licensee and his agents fully comply with all of the recuirements and regulations of this ordinance and pay all judgments, costs or dama?es recovered against him by any laborer, worker, employe or applicant for posi- tion on account of any misrepresentation to or deceiving of such person/ transacting business with him or his agent as such employ- ment agent. Section 54. Employment Office rust Keep Records and Contracts: In all employment offices a suitable and legible record shall be kept of the names and addresses of all the employers and employes supplied to the various employers. There shall also be kept a record of the names of all men sent to,the industries with the dates Then sent; there shall also be kept a clear and legible re•.-ister -3(j`-‘,/ , for applicaits and also a clear copy of the contract made with each applicant whenever he is provided with work, which contract shall disclose the employer, wage or rate of work, expense for board and lodging, expense of goin,Y to the industry and by whom paid. All such records shall at all times be open to inspection by the Department of Public Safety. Section 55. Failure to Comply with Regulations: Failure or refusal to comply with any of the provisions under sections relat- ing to employment agencies or to maintain the bond shall be good cause for revocation of this licence. Final judgment disclosing fraud in any of the operations of an employment agency licensed hereunder shall be good cause for revocation of the license. Disregard of or failure to observe any of the provisions of this ordinance shall be a misdemeanor. • • HA,X^RS and PZDDL ^RS Section 56. Halliker Defined: Any person wno shall on any street oublic Mace, vacant lot or inclosure, in any store room or in any other .lace uithin the City of Port Anc eles masse nujlic outcry, ring P cell cr cause other unusual noise, make a puolic speedh or demonstra- illtion, to draw custorers or attract notice to any merchandise offered ror sale or to drew attention to any amusement, event or service offer- ed to the oublic shall be deemed a hawser within the °eanir of t..is ordinance. Section 57. It shall be unlarful for any person to act or conduct i:i:relf as a. hawker unless ".e shall Lave applied for and secured a li- cense so to do under this ordinance. Tne fee for a hay.Ler's license is fixed in t:.e sum of "10.CC per da; , Provided, however, vendors of nec,s- naoers and magazines shall not ee included in the terms of this ordinance nor shall duly licensed auctioneers or persons selling vroperty under • court order. 58. Section Peddler Defined: The term Peddler for the purpose of this ordinance sh.c11 be construed to include all persons, both principals end a en is , who 70 from Place to place and house to house, carry in ; or sale and offerins for sale or exPosel for sale, 7oods , erases or t er- chandise, or any person who, while selling of offerins' for sale any merchandise or article of value, stands or sits in a doorway or vacant olace oven to the public not used as a permanent Place of business, shall be deemed a Peddler within the meaning of this ordinance; Provided, however, that hothinr in t i•s act shall apply to peddlers of any fruits, vegetables, aerries, cutter, ewe, fish, milk, poultry, 0 meats, ^r an2 farm produce or edibles rr ised , cap -h t , produced or manu- factured by such nersen; And provided, further, hat nothing in this ordinance shall apply to vendors of books, Periodicals or newspapers. Section 59. It shall be unlawful for any person ;o peddle any aricle or tLin,c= in the City of Port Aneles or to conduct hi:� self ae a peddler wi,hout first procurin . s license so to do, ..noun as a • • S i i peddler's licence. Each peddler's license shall specify the articles or things to be peddled, and the period of time for which the same is issued. Section 60. The fee for peddler's license small be as fol- lows: Peddlers and vendors selling all merchandise A10.00 per day. 50.00 per month. 200.00 per year. Section 6l. No person engaged in hawking or peddling shall make any unreasonable noise or disturbance or call his wares in a loud or boisterous manner or permit the vehicle carrying tre same to re- main more than ten minutes in any one place; Provided, however, that no such peddler or hawker shall allow his enuioment to retain in the front or rear of any place of business or property after the person controlling the same shall have recuested the said peddler to remove therefrom. HOTELS, ROOMING HOUSES AND LODGING HOUSES. Section 62. Hereafter no person shall conduct or operate or cause to be conducted or operated either as owner, lessor, lessee or agent any hotel, public rooming or public lodging house within . the City of Port Angeles without first having obtained a license to conduct and operate said lodging house. Section 63. Licenses shall be issued upon application and shall set forth the definite location of the property and building for which the license is sought, with the class of construction, number of rooms, number and kind of service rooms and the name and address of the persons owning the same. Section 64. The license fee for such hotels, public lodging rooms and houses shall be as follows: Hotels, One Dollar per room per annum. Public lodging or rooming houses, One dollar per room per ann. Section 65.A1l sleeping rooms in any hotel, rooming or lodging house shall be plainly numbered on the outside of the door of each room, different numbers being assigned to each room. Section 66. No room shall be assigned to two persons of the opposite sex unless such persons be registered as man and wife; except, however, in the case of children accompanied by parents or guardians. Section 67. It shall be unlawful for any person to cause to be written in the registry of any hotel, public lodging or rooming house any other than the true name of such person. • Section 68.Where a license has been issued to any person, firm or corporation to conduct and operate a hotel, public rooming or lodging house, the person having the charge, management and con- trol of such hotel, public rooming or lodging house shall be subject to prosecution for any violation of this or any other ordinance re- lating to hotels, buildings, rooming or lodging houses, provided, that the persons to whom the license is issued or transferred shall be joint- ly liable for such violations. ITINERANT MERCHANTS. Section 69.Hereafter it shall be unlawful for any person travelling from place to place, or itinerant merchant, to bring into the City of Port Angeles any stock of clothing or other goods, wares or merchandise to be sold in said City, without procur- ing a license to make such sales, and no person shall bring into the said City of Port Angeles any stock of clothing or other goods, wares or merchandise to be sold at reduced rates, without procur- ing a license to make such sale. Such license shall not be granted for a period of not less than Ten (10) days, and the fee for such license shall be at the rate of Twenty -five ($25.00) Dollars per day, payable in advance. • • ':ASSAGE PARLORS AIM PUBLIC BATHHOUSES. Section 70.'.`.assage Parlors and Public Bath Houses Defined: The term "'fassage Parlor," v'henerzer used in this ordinance, shall be held and construed to mean and include any place where massages or any other treatment of the body by rubbing or manipulation are r.iven; Provided, that such term shall not include massage or other treatments riven under the direction of a duly licensed physician, or by a registered nurse in such physician's office, in the patient's home or in any hospital. The term "Public Bathhouse ", whenever used herein, shall be held and construed to mean and include any place open to the oublic, where Russian, Turkish, Swedish, hot air, vapor, electric, cabinet or other baths of any kind .whatever are given or furnished; Provided, that such term shall rot include ordinary tub baths where an attend- ant is not required, nor baths of any ;rind given under the direction of a duly licensed physician or by a registered nurse in such physician's office, in the hone of the patient, or in any hospital. Section 71.;'assag.e Parlor and Public Bathhouse License: It shall be unlawful for cny person to conduct, mange or operate a massage parlor or public bathhouse, unless such person shall have a valid and subsisting license so to do, obtained in the manner here- in provided. The license fee is fixed at the sum of 4,25.00 per annum. Section 72.Anplication for License: The application for massage parlor and bathhouse license shall be signed by the person in whose name it is taken out and shall give the names and addresses of all persons participating in the ownership and management of the busi- ness, the exact location, the humber of rooms used, the nature of the baths or treatments. Section 7$. Police Officers to be Admitted: Police Officers of the City, State and Federal Government shall have free access at all times to any massage parlor or Public bathhouse, vzhen such officers are visiting the same in the performance of their duties for purposes of investigation. It shall be unlawful for the owner, .�24- • • proprietor, manager or person in charge of any massage parlor or public bathhouse, to refuse admission to such Police Officers. Section 74. Proper Conduct for said Business: All massage parlors and public bathhouses shall be conducted rith proper regard for the persons patronizing the same. the improper con- duct of any person conducting or employed in such establishment or improper conduct of any person patronizing said establishment or suffered or permitted to remain therein shall be deemed suf- ficient cause for the suspension or revocation of the license to conduct the same. -2 5 JUNK DEALERS AND SECOND HAND STORES Section 75. Junk Defined: The word "junk" es used in this Ordinance shall op deemed to include and mean old rope, old iron, brass, copper, tin and lead, rubber, rags, empty bottles, paper, bagging, Darts of machinery, scrap metals of all kinds, and such other worn out and discarded articles, materials, and odds and ends as can be turned to some use; Provided, however, it shall not be deemed to include and mean furniture, household furnishings, goods, clothing, machinery or tools which can be used again for the purpose for which they were orininally intended. Section 76.Junk Dealer's License Reauired: Hereafter it shall be unlawful for any person, firm, association or corporation, to engage in the business of buying or selling or collecting junk, or to buy, sell or collect junk in the City of Port Angeles without first ootaining a license so to do, which shall be known as a Junk Dealers' License; and in addition thereto shall, before receiving said license, give a surety Company bond to the City of Port An- geles in the sum of One thousand Dollars, conditioned for the due observance and faithful compliance with all the terms and conditions of such ordinances of the City of Port Angeles, as may be in force or may be passed respecting the business of Junk Dealer, and nay a feP for the issuance of such license in the sum of Seventy -five Dollars (175.00) per year. Section77. Second -Hand Dealer Defined: Any person ;,ho, within the City of Port Angeles, shall as a business, engage in the purchase, sale, trade, barter, or exchange of second -hand goods, other than "junk" as defined in this ordinance, are bought, sold, traded, bartered or exchanged, is hereby defined to be a secondhand dealer, within the meaning* of this ordinance. Section 78.Second -Hand Dealer's License Fee: It shall be unlawful for any person to engage in the business of second -hand dealer without first procuring a license so to do, to be known as • { - 1 a "Second-Hand Dealer's License ". The fee for such Second -hand Dealer's License shall be ,and the same is hereby, fixed at Twenty - five 025.00) Dollars per annum. Any person having more than one place of business where second- hand roods are bouc-ht, sold, traded, bartered or exchanged, shall be required to procure a separate license fey each and every such place of business. Section 79.Second -Hand Dealer's Bond: A second hand dealer, before receiving said license, shall be required to rive a surety bond running to the City of Port Angeles in the nenal sum of One thousand 01000.00) Dollars, conditioned for due observance and faithful performance of and compliance with all ordinances of the City of Port Angeles which are now or may become effective and relating to his business. Section 80.No Purchase From :'inors or Intoxdcated Persons: It shell be unlawful for any Junk Dealer or Second -hand dealer to take, receive or purchase any oersonalX property of any kind or nature, or any article or thin of velue, from any minor, or the ownership of which in whole or in Part, is in, or which is claimed by any minor, or which may be in the Possession or under the control of any minor. It shall be unlawful for any junk 7r second hand dealer to receive or purchase property from persons intoxicated or ap.earing to be intoxicated or persons known to have been convicted of larceny or burglary. Section8l. Name and Address of Seller: It shall be unlawful for any Junk or Second hand Dealer to receive, take or ourchase any personal property, goods, or thing of value from any person or persons who shall refuse to make known his, her or their name or names, place or places of residence or to submit to a general description, or knowingly make any false entry of any matter or tiring reouired to be made under the ordinances of the City of Port Angeles regulating Junk Dealers. Section 82.Records to be Kept: Every junk or second hand dealer shall keep a book in which he shall at the time of pur-- orase of any second -hand goods, enter in the English languaCe., written in ink, a full and accurate description of such goods so 3ourht, together with the name, apparent age, signature and resi- dence of the vendor, end if the vendor shall be a minor, a state- ment of the fact, and also the amount paid and the date and our of purchase, and said book, as well as every article or thing nur- chased, shall at all reasonable times be open to inspection by the Chief of Police or any Police Officer of the City. section 83. Shop to be Closed: It shall be unlawful for any second hand store or jun't shop to remain open or transact busi- ness between 6 o'clock, p.m., and 6 o'clock, a.m., of any day except Saturday, when such stores may remain open until 9 o'clock, • p•m• Section 84. Proeerty to be Held; Police Inspection: It shall be unlawful for any keeper of a junk shop or second hand store to sell or expose for sale any junc, or melt up, change or alter the same in any manner within five (5) days from the time of purchasing or receiving the Fame, nor until the same has been in or upon the premises where the same is to be sold, exposed for sale, melted up or otherwise altered, for at least five (5) days; provided, however, that the Chief of Police, or some officer of officers detailed by him for that purpose, after examination of a specific nuantity of junk or second hand goods may permit the same to be cold, removed, melted or otherwise disposed of, within a less period of time than specified in this section. 1 1 1 PA,LNBROLERS SectionA5. "Pawnbroker " and 11Palmshop" Defined: The terry "Po ncro :er" as used in this ordinLnce , shall. t:ean and include every person who takes or receives by wa, of pledge, darn or ex- chane:e , ^oods , wares or merchandise, or any kind of oersonnl oro- certy w`.atever, for .the repayment or security of any money loaned thereon, or to loan money on deposit of personal property. The term "Pawnshop" shall mean and include every place at which the business of pawnbroker is being carried on. Section8S. Pawnbroker's License Re: It shall be unlawful for any person to engage in the business of pawnbroker, or to con- duct a. pawnshop, without first lavin7 obtained a license so to do, to be known as a "Pawnbroker's License ". The license fee for a Pawnbroker's License shall be and the same is hereby, fixed at the sum of One hundred ($100,00) Dollars per annum. A separate license shall be reouired for each separately located pavan shop. Section g7, Pawnbroker's Bond: In addition to the license fee and before such license is issued, the applicant shall be required to file with the City Clerk of the City of Port Angeles for each pavan shop a sufficienty surety bond in the sum of One thousand '('I'1000.00) Dollars, running in favor of the City of Port Anfleles, and conditioned for the faithful observance by the licensee of all the reouirements of this and all other ordinances of the City of Port Angeles and all state laws relating to the business of pawn- broker. Section $$, "Tvery Pawnbroker Must Keen Record: It shall be the duty of every pawnbroker to maintain at his place of business a book or other permanent record, in which shall be legibly wtitten in the r,nglish languare, at the time of such loan, purchase or sale, a record thereof containing: (a) The date of the transaction. (b) The name of the person or em,loyee conducting the same. i (c) The name, a e , street and house number, and the general description of the dress, complexion, color of hair and facial ap- pearance of the person with whom the transaction is had. (d) The name and street and house number of the owner of the property bought or received in Pledge. (e) The street and house number of the place from which the nronerty bought or received in the pledge was last removed. (f) A description of the property bought or received in pledge, which, in the cas e of watches, shall contain the name of the rz.a,cer and the number of both the works and the case, and in case of jewelry shall contain a description of all letters and marks in- scribed thereon. (g) The price raid or tLe amount loaned. (h) The name and street and house numbers of all parsons wit- nessing the transaction. (i) The number of any pawn tickets issued therefor. It shall be unlawful for any pawnbroker and every clerk, agent or employee of such pawnbroker to fail, neglect or refuse to mace entry in any material matter in his record, as reauired by this section, or to make any false entry therein, or to ooliterate or remove from his place of business such record. Section 89. Records of Pawnbrokers to be Onen for Inspection: All books and other records of any pawnbroker relating to purchase, pledge, exchan'e , barter or receipt of any goods, wares, merchandise or other articles or things of value, shall at all times be open for inspection by the Chief of Police, or anF police officer or city detective detailed for that purpose, and all articles or things re- ceived, purchased or left in nledge with said nawnbroxer shall at all times be open to a like inspection. Section 90. Goods Not to be Removed from Pawnshop: It snail be unlawful for any pawnbroker to remove any ,roods, articles or thing ^urchased by him, or left with him, in pled,"e, from his store or place of business until the expiration of ten (10) days after the -30- 4 same has been purchased, received or left in pawn, unless the said ^oods, articles or things have within the time specified, been inspected es nrovided in this ordinance. It shall be unlawful for any pawnbroker, his clerk or employe, to receive in pledge, or rurchase , any article or thing from any Person under twenty -one (21) ;ears of age, or from any person rho is at the time intoxicated, or from an habitual drunkard, or from and person addicted to the use of narcotic drugs, or from an.' oer- son who is known to be a thief, or a receiver of stolen Property, or from any person whom he has reason to suspect or believe to be such. The fact of loaning money upon or nurchasiny; goods from any of the classes of persons enumerated in this section shall be prima facie evidence of an intent on the part of such pawnbroker, his agent or. employe, to violate this ordinance. Section gl.PawnbIons to be Closed Durinm Certain Hours; It shall be unlawful for any parnbroker to conduct or carry on the business of pawnbroker, in whole or in part, directly or indirectly, or to open, or keen open, his pawnshop for the transaction of any business whatsoever therein, between the hours of six (6) o'clock, p.m., and seven (7) o'clock, a.m. a SOFT DRINKS Section 92.License Fee for Sale of Soft Drinks at Retail: Ant Jerson who conducts or maintains, either as principal or agent, any place where liquids or liquors as beverages, are sold or of- fered for sale at retail, shall pay 0 license fee as follows: For each retail drug store the sum of "10.00 per annum. For each retail- grocery store the sum of X5.00 per annum. For each confectionery store the sum of '10.00 ver annum. For each restaurant, lunch counter, hotel or eating house the sum of 15.00 per annum. For each cigar store or stand the sum of w5.00 Per annum. For each .oft drink parlor, so- called, or pool or billiard hall or bowling alley, or place of like nature, the sum of ,+10.00 per annum. All drug stores .serving noon lunches commonly known as foun- tain lunches, shall be required to pay a license fee of ;5.00 per year in addition to the soft drink license. "At retail" shall be deemed the sale or disposition of nuan- tities of less than six Mallona of such beverages, liquids or liquors, • TEMPORARY SALE OF GOODS. Section 93:.. Bond in Lieu of License: Hereafter it shall be unlawful for any person, firm, association or corporation to open, conduct or carry on any store or place for the temporary sale of goods or merchandise for a period of less than Ninety (9)) days within the City of Port Angeles, without first taking out and pro- curing a license so to do, to be known as a, "Temporary Merchant's License ". The fee for such temporary "Merchants License" shall be the sum of $25.00 per day; Provided, however, that if any such per- son, firm, association or corporation, desiring to open, conduct or carry on a store or place for the temporary sale of goods, wares and merchandise within the City of Port Angeles, while attempting to secure a permanent location for such business, shall execute and deliver to the City of Port Angeles, a bond payable to the City of Port Angeles in the penal sum of One thousand Dollars, with good and sufficient sureties, to be approved by the City Commission and City Attorney, conditioned. that the obligor of said bond shall pay to the City of Port Angeles the license fee of P5.00 per day, for each and every day the said store or place shall be opened, conducted or carried on, in case the business thereof shall not be made a per- manent business, no license shall be required. PENALTIES Sectior$4.. Penalties for Violatin 7 This Ordinance: Any per- son violatinnc o± failing to comply with any of t.1e terms ano pro- visions of this ordinance shall be deemed guilty of a misder,eaner, End uoon conviction thereof shall be -,unished by o fine of not ore than One hundred Dollars (`100.00) , or ,y imnrisonn:ent in the City Jail for a period of not more then Thirty (30) days , or y ootn such fine and imprisonment. Section 95.77ho W'ay De 3uilty of Violation of this Ordinance: Every person concerned in any act or omission in violation of this ordinance, whether he directly performs or omits to perform any act in violation of t:.is ordinance, or aids or abets the same, whetl,er present or absent, and every person rho directly or indirectly counsels, encourages, hires, com—.ands, induces or otherwise pro- cures another to commit such violation is and shall be, a principal under the terms of this ordinance and shall be rroceeded aoi.nst and prosecuted as such. • 1 Section 96.. gepealing Certain Ordinances: Ordinances No. 413, 452, 682, 693, 703, 757 and 805 of the City of Port Angeles and all other ordinances and parts of ordinances in conflict with this or- dinance are hereby repealed. Section 97..T is ordinance shell take effect and be in force thirty (30) days from and after its passage and approval and law- ful ouolication. Passed first reading by the City Commission 11-4-14-44., Passed second reading by the City Commission m'� `"�f93�. Passed third reading by the City Commission and passed and approved this - day of ./'iLC-E. , 1932. Approved and signed by the .:ayor Arnroved as to form: City Attorney. Published: