Any person required to pay a license tax for transacting and
carrying on any business under this chapter shall be relieved from
the payment of any license tax for the privilege of doing such business
which has been required under any other ordinance of the City of Plymouth,
but shall remain subject to the regulatory provisions of such other
ordinance. This section shall not apply to inspection or permit fees.
(Ord. 66 § 25, 1965)
Neither the adoption of the ordinance codified in this chapter,
nor its superseding of any portion of any other ordinance of the City
of Plymouth shall in any manner be construed to affect prosecution
for violation of any other ordinance committed prior to the effective
date hereof, nor be construed as a waiver of any license or any penal
provisions applicable to any such violation, nor be construed to affect
the validity of any bond or cash deposit required by any ordinance
to be posed filed or deposited, and all rights and obligations thereunto
appertaining shall continue in full force and effect.
(Ord. 66 § 26, 1965)
Any person who on the effective date of the ordinance codified
in this chapter has a valid unexpired license for any business issued
by the City of Plymouth under the provisions of any ordinance heretofore
enacted, shall receive credit on the amount of the license tax imposed
by this chapter for a pro rata of the license tax previously paid
based upon the unexpired portion of the period for which such previous
license was issued. In the event that the pro rate credit for an unexpired
license is greater than the license tax required by this chapter,
then and in that event, the amount of the license tax under this chapter
shall be the amount of the credit for the unexpired license fee or
fees paid under such other ordinance or ordinances.
(Ord. 66 § 27, 1965)
The amount of any license tax and penalty imposed by the provisions
of this chapter shall be deemed a debt to the City of Plymouth, and
any person carrying on any business without first having procured
a license from said City so to do shall be liable of an action in
the name of said City in any court of competent jurisdiction for the
amount of the license tax and penalties imposed on such business.
(Ord. 66 § 28, 1965)
In any action brought under or arising out of any of the provisions
of this chapter or of any ordinance imposing a license tax, the fact
that a party thereto represented him or herself as engaged in any
business or calling for the transaction of which a license is required,
or that such party exhibited a sign indicating such business or calling,
shall be conclusive evidence of the liability of such party to pay
for a license for such business.
(Ord. 66 § 29, 1965)
For the purpose of this chapter, any person shall be deemed
to be in business and subject to the provisions of this chapter who
does one act of selling, offering for sale, or taking an order for
any goods, wares, merchandise, article, thing or service, or offering
or soliciting for compensation the rental of any automobile for hire,
of furnishing or offering to furnish for compensation bail to any
person in any criminal proceeding, or of making a delivery.
(Ord. 66 § 30, 1965)
It shall be the duty of the City Clerk, and he or she is hereby
directed to enforce each and all of the provisions of this chapter.
Each department of the City which issues permits for work to be done
shall require the production of a valid unexpired license prior to
the issuance of such a permit.
The City Clerk in the exercise of the duties imposed upon him
or her hereunder and acting through his or her deputies or duly authorized
assistants, shall examine or cause to be examined all places of business
in the City to ascertain whether the provisions of this chapter have
been complied with.
The City Clerk and each and all of his or her assistants and
any police officer shall have the power and authority to enter, free
of charge, and at any reasonable time, any place of business required
to be licensed herein and demand an exhibition of its license certificate.
Any person having such license certificate theretofore issued, in
his or her possession, or under his or her control, who willfully
fails to exhibit the same on demand, shall be guilty of a misdemeanor
and subject to the penalties in this chapter provided. It shall be
the duty of the City Clerk and each of his or her assistants to cause
a complaint to be filed against any and all persons found to be violating
any of said provisions.
(Ord. 66 § 31, 1965)
The conviction and punishment of any person for transacting
any business without first obtaining a license shall not excuse or
exempt such person from the payment of any license tax due or unpaid
at the time of such conviction and nothing herein shall prevent a
criminal prosecution of any violation of the provision of this chapter.
All remedies prescribed hereunder shall be cumulative and the use
of one or more remedies by the City shall not bar the use of any other
remedy for the purpose of enforcing the provisions of this chapter.
(Ord. 66 § 32, 1965)
It is unlawful for any person to violate any provision or to
fail to comply with any of the requirements of this chapter. Any person
violating any provision of this chapter, or knowingly and intentionally
misrepresenting to any officer or employee of this City in procuring
a license, shall be deemed guilty of a misdemeanor and, upon conviction
thereof shall be punished by a fine not exceeding $500 or by imprisonment
not exceeding six months, or by both such fine and imprisonment. Each
such person shall be deemed guilty of a separate offense for each
day during any portion of which any violation of any of the provisions
of this chapter is committed, continued or permitted by such person
and shall be punishable therefor as provided for in this chapter.
(Ord. 66 § 33, 1965)
It is the intent of the City Council to authorize the licensing
of bingo games in the City pursuant to Section 19 of Article IV of
the State Constitution and Section 326.5 of the California Penal Code.
The City Council authorizes the City Clerk to issue a license
to conduct bingo games within the City to those organizations which
meet the criteria established in California Penal Code Section 326.5
upon the payment of a yearly license fee of $25.
(Ord. 76-7 § 1, 1976; Ord. 97-5 § 4, 1997)
