USA > California > Alameda County > Oakland > Bishop's Oakland directory for 1875 > Part 48
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J. S. G. GORDON, wholesale and retail dealer in ice. 469 Ninth St.
E. J. KELLY & CO. sell all of the Real Estate in Oakland.
O. F. S .- Wheat and cracked corn, 416 Ninth St. nr Broadway-O. F. S.
POLICE COURT.
437
be properly indexed. A third docket shall contain all the other business appertaining to the office, and in all cases the docket shall contain all such entries as are required by law to be made in Justices' dockets; and in any case tried before the Court, the docket must show what duties were performed by any officer of the Court, and the amount of the fees due to the officer for such services, and what amount of money, if any, collected.
SEC. 10. Whenever any vacancy shall occur in the office of Police Judge, the City Council shall appoint some suitable person to fill the same until the next charter election, at which election the person elected Judge of said Court shall hold his office for two years thereafter, and until his successor is elected and qualified.
SEC. 11. The Police Court shall be always open, except upon non- judicial days, and then for such purposes only as by law permitted, or required of other Courts of this State.
SEC. 12. Appeals from the Police Court shall be to the County Court of Alameda County (in such cases as are appealable as provided in this Act), such appeals to be taken as in cases of appeal from a Justice's Court.
SEC. 13. The Police Judge shall receive for all services rendered by him the same fees as are allowed by law to Justices of the Peace for similar services. The Marshal or Constable performing any service in said Court shall receive the same fees as are allowed by law to the Sheriff of the County of Alameda for similar services. The City Attorney shall receive the same fees as are allowed by law to the District Attorney of Alameda County for similar services, and such as are allowed by the ordinances of the city. In all suits for the collection of delinquent taxes, where the suin due is less than ten dollars, the City Attorney shall be allowed one dollar and fifty cents if paid before judgment, and two dollars and fifty cents if paid after judgment.
SEC. 14. In all cases of imprisonment of persons convicted of any offense committed in the City of Oakland, of which offense the Police Court has jurisdiction to try and determine, the person so to be impris- oned, or by ordinance required to labor, shall be imprisoned in the City Jail of the City of Oakland, or if required to labor, shall labor in said city.
SEC. 15. Whenever the necessities of the case may require, the City Council may appoint a clerk for said Court, at a salary to be fixed by the City Council. [The Police Court shall have a clerk and seal .- Act, March 30, 1874.]
SEC. 16. The Court shall have a seal, to be furnished by the city.
SEC. 17. The person elected to the office of Police Judge shall, within ten days after he has received his certificate of election, qualify and file his official bond, payable to the City of Oakland, with two or more sufficient sureties, in a sum of not less than three thousand dollars, to be fixed by the City Council, for the faithful discharge of his official duties ; and the Clerk shall also qualify and file an official bond, payable to the City of Oakland, in such sum as the City Council may require.
SEC. 18. The Police Judge shall, on the first Tuesday of each month, make to the City Council a full and complete report of all the cases, civil and criminal, tried in this Court, in which the city has an interest, and which are required to be entered in the city civil docket, and in the city criminal docket; said report to be made upon blanks furnished by the City Council, and in such form as may be required by said Council.
SEC. 19. The City Council may, in their discretion, in addition to the fees allowed by this Act to the Police Judge, allow said Judge a yearly salary in such sum as to them may appear reasonable.
SEC. 20. Certified transcripts of the Police Judge's docket, under
Rich goods suitable for presents at STRICKLAND & CO.'S Book store.
TUBBS' HOTEL, East Oakland. Forty-five minutes to San Francisco.
E. W. WOODWARD & CO., Agents Royal Ins. Co., Capital $14,000,000.
438
OAKLAND
DIRECTORY.
the seal of said Court, shall be evidence in any Court of this State of the contents of said docket; and all warrants and other processes issued out of said Court, and all acts done by said Police Judge under its seal, shall have the same force and validity in any part of this State as though issued or done by any Court of Record of this State.
SEC. 21. All laws and parts of laws in conflict or inconsistent with this Act are hereby repealed.
SEC. 22. This Act shall take effect and be in force from and after its passage : provided, the Mayor and Justices of the Peace in said city shall not be divested of their jurisdiction as prescribed in this Act until the Police Judge is elected and qualified : and provided further, that said Mayor [jurisdiction of the Mayor annulled, Act March 31, 1866] and Justices shall have power to fully try and determine all matters and causes pending in their Courts at the time of the qualification of said Police Judge, and may carry their judgments into execution as fully as if this Act was not in force.
ORDINANCES .- LICENSES.
AN ORDINANCE ESTABLISHING AND REGULATING MUNICIPAL LICENSES, APPROVED DECEMBER 12, 1874.
The Council of the City of Oakland do ordain as follows:
SECTION 1. No person not being licensed as provided in this ordinance shall engage in or transact the business of banker, broker, real estate agent, expressman, express agent, life or accident insurer, life or accident insurance agent, fire insurer, fire insurance agent, peddler, dealer in provisions or produce, owner of any vehicle not hereinafter specially excepted, driver of a hackney carriage, runner, soliciting agent, butcher who cuts up and vends meat (either as employer or employé), keeper of a laundry or wash-house, keeper of a hotel, boarding-house, lodging- house, restaurant, saloon or place of refreshment, keeper of a public dance-house or common ball-room, keeper of a shooting-gallery, vender of gunpowder or pyrotechnics, lecturer, concert singers, common show- men, circus, theatrical or legerdemain performances, street musicians, order agents, or solicitors, dealers in goods, wares, and merchandise, dis- tilled or fermented liquors, drugs or medicines, jewelry, or wares of precious metals, manufactory by steam or horse-power, wood, iron, or other materials, barbers, bath-houses, hairdressers, marble manufacto- ries, bakeries, brewers, bill-posters, pawnbroker, menagerie, or caravan, sparring exhibitions, milliner, photographic or art galleries, billiard and bagatelle tables, auctioneers, livery stables, skating rink, merchant tailors, plumbers, tinsmiths and gasfitters, gunsmiths and locksmiths, bowling alleys, paint shops, keepers of stallion, jack, bull, or ram for the pur- pose of propagation, saddlers, junk shop, or any other business, occupa- tion, trade or employment mentioned in the schedule of licenses in sec- tion nine of this ordinance, within the corporate limits of the City of Oakland.
And any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of twenty dollars for the first offense, or first viola- tion of this ordinance, thirty dollars for the second offense or second violation of this ordinance, fifty dollars for the third offense or third violation of this ordinance, and one hundred dollars for the fourth and each subsequent offense or violation of this ordinance; and in default of
GORDON'S ice wagons supply families in Oakland and Alameda.
Do you want to make money ? If so, call upon E. J. KELLY & CO., 414 Seventh Street.
O. F. S .- Extra family and Graham flour, 416 Ninth nr Bdwy-O. F. S.
-LICENSES. 439
payment of any fine so imposed, shall be imprisoned in the city prison until the same is paid at the rate of one day for each two dollars of such fine.
SEC. 2. No license granted or issued under any of the provisions of this ordinance, shall be in any manner assignable, or transferable, or authorize any person other than there is therein mentioned or named to do business, or authorize any business other than is therein mentioned or named to be done or transacted, or the business therein named to be done or transacted at any place other than is therein mentioned or named, without permission from the License Collector. The License Collector shall, at the time of granting such permission, immediately record such change or transfer upon the proper registry.
SEC. 3. Upon the trial of any criminal action brought under, or aris- ing from any provision or provisions of this ordinance, the defendant shall be deemed not to have procured the municipal license required for the then current term, unless he or she either produces or proves having paid for the same to the proper officer.
SEC. 4. In any action brought under or arising out of any of the provisions of this ordinance, the fact that a party thereto represented himself or herself as engaged in any business or calling for the transac- tion of which a license is by this ordinance 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.
SEC. 5. Licenses for all vehicles shall be paid annually in advance and all other licenses shall be paid quarterly in advance, etc., etc.
SEC. 6. All licenses, except vehicle licenses, shall date from the first day of January, April, July or October, of each year, all vehicle licenses shall date from the first day of January or July of each year
SEC. 7. All licenses shall be paid in gold and silver coin of the United States.
SEC. 8. Every person having a license under the provisions of this ordinance, shall exhibit the same at all times, while in force, in some conspicuous part of his or her place of business, and shall produce the same when applying for a renewal, or when requested to do so by any of the License or Police Department.
SEC. 9. The rates of license shall be according to the following schedule, and when paid in accordance therewith to the proper officer, a license is hereby authorized to issue in accordance with the provisions of this ordinance.
First .- For bankers, brokers, expressmen, express agents, and real estate agents, whose commissions or gross profits are not less than $10,000 per quarter, twenty-five dollars per quarter; for those whose commissions or gross profits are less than $10,000 and not less than $6,000 per quarter, fifteen dollars; for those whose commissions or gross profits are less than $6,000 and not less than $3,000 per quarter, seven and a half dollars; for those whose commissions or gross profits are less than $3,000 and not less than $1,500 per quarter, four dollars, and for those whose commissions or gross profits are less than $1,500 per quarter, two and one half dollars.
Second-For life or accident insurers, and life or accident insurance agents, fire insurers, and fire insurance agents, ten dollars per quarter. Each office or branch office, and each agent or sub-agent of each com- pany, office, or branch office, shall be construed to mean insurer and insurance agent under this section.
Third-For keepers of hotels, boarding-houses, lodging-houses, res- taurants, eating saloons, and places of refreshment, whose average gross receipts amount to five thousand dollars, and upward, per quarter, shall pay for a license seven dollars per quarter ; those whose gross receipts
STRICKLAND & CO. solicit a share of your custom at their store.
TUBBS' HOTEL, East Oakland. C. P. R. R. Depot within four minutes' walk.
E. W. WOODWARD & CO., 958 Bdwy, suburban residences for sale.
440
OAKLAND DIRECTORY.
are under five thousand dollars and over one thousand dollars per quar- ter, shall pay for a license five dollars per quarter; those whose quarterly receipts are less than one thousand dollars shall pay for a license three dollars per quarter.
Fourth-For venders of gunpowder or pyrotechnics, five dollars per quarter.
Fifth-For keepers of shooting galleries, five dollars per quarter, exclusive of powder license.
Sixth-For peddlers and merchandise, except patent medicines, illu- minating oils, soaps, charcoal, and blacking, ten dollars per quarter. For peddlers of said excepted articles, from vehicles drawn by animal power, ten dollars per quarter, and from hand vehicles or baskets, six dollars per quarter.
Seventh-For peddlers of meat, fish, vegetables, fruit, game, poultry, eggs, cheese, butter, and produce, from vehicles drawn by one or more than one animal, seven dollars per quarter, and for peddlers of said articles from hand vehicles or baskets, six dollars per quarter.
Eighth-For venders of provisions and produce in public markets where stalls or stands are rented, where provisions and produce are exposed for sale, six dollars per quarter for each stand rented or used.
Ninth-For bakers and venders of provisions and general merchandise, produce, confectionery, and pastry, whose gross receipts or sales are not less than seven thousand dollars per quarter, ten dollars per quarter; for those whose gross sales or receipts are less than seven thousand dollars and not less than four thousand dollars per quarter, eight dollars per quarter; for those whose gross sales or receipts are less than four thou- sand dollars per quarter and not less than fifteen hundred dollars per quarter, six dollars per quarter; for those whose gross sales or receipts are less than fifteen hundred dollars per quarter, four dollars per quarter: provided, that the sales of liquors and wines by persons under this sec- tion shall not be in less quantities than one quart measure.
Tenth-For all tavern-keepers, inn-keepers, and all persons who may sell and dispose of any spirituous, malt, or fermented liquors or wines, in less quantities than one quart, for all those whose gross sales or receipts are more than ten thousand dollars per quarter, one hundred dollars per quarter; all those whose sales or gross receipts are less than ten thousand dollars per quarter, fifty dollars per quarter.
Eleventh-For lecturers, concert singers, common showmen, theatrical, dramatic, legerdemain, or slight of hand performances, three dollars per day, if for a less terin than one month ; for one month or more, fifty dollars per month, or one hundred dollars per quarter ; for each exhibi- tion or caravan, menagerie, or circus, or exhibition of any animal or col- lection of animals, for profit or gain, the sum of fifteen dollars; and for any other show or exhibition not herein enumerated, five dollars for each show or exhibition.
Twelfth-For all order agents or solicitors who shall carry on the business of soliciting orders for the sale of anything, the sum of ten dol- lars per month or twenty dollars per quarter, and all persons who solicit sales of anything through and by the means of samples of the thing to be sold, shall be deemed an order agent or solicitor as well as those who solicit without samples.
Thirteenth-For keepers of skating rinks, ten dollars per quarter; for photographers and art galleries, two dollars per quarter.
Fourteenth-For auctioneers, billiard and bagatelle tables, and bowling alleys: auctioneers, seven dollars per quarter; for bowling alleys, two dollars per quarter for each alley or bed; for billiard and bagatelle tables, two dollars per quarter for each table.
Fifteenth-For the owners of hackney carriages, for each vehicle drawn
Plain and fancy ice cream made to order at GORDON'S, 469 Ninth St.
Who are these Real Estate men, the KELLYS, and what do they do ?
O. F. S .- Oatmeal and corn meal, 416 Ninth St. nr Broadway-O. F. S.
LICENSES. 441
by more than one horse, and having seats for more than four passengers, ten dollars per annum ; for each vehicle drawn by one animal or more than one animal, and not having seats for more than four persons, eight dollars per annum; for the owners of trucks, drays, express, and milk wagons, or other vehicles so used, eight dollars per annum for each vehicle; for the owners of four-wheeled vehicles drawn by six or more animals, twelve dollars per annum for each vehicle ; provided, that the owners of private carriages shall not be subject to pay a license therefor under this ordinance.
Sixteenth- Seventeenth
Eighteenth- * *
Nineteenth-For pawn brokers, twenty-five dollars per quarter.
Twentieth-For laundries and wash-houses, seven dollars per quarter.
Twenty-first-For runners for any hotel, boarding-house, restaurant, or lodging-house, or any other business, the sum of ten dollars per quarter : provided, that no license shall be required of runners for duly licensed hotels, boarding-houses, lodging-houses, or restaurants within the City of Oakland.
Twenty-second-For livery stables whose gross receipts amount to fifteen hundred dollars per quarter and upward, seven dollars per quarter; and those whose gross receipts amount to less than fifteen hundred dollars per quarter, six dollars per quarter.
Twenty-third-For bill posters, three dollars per quarter.
Twenty-fourth-For merchant tailors, three dollars per quarter.
Twenty-fifth-Plumbers, tinsmiths, gunsmiths, locksmiths, and gas- fitters, seven dollars per quarter for those whose gross receipts are over one thousand dollars per quarter ; and all those whose gross receipts are under one thousand dollars per quarter, five dollars per quarter.
Twenty-sixth-For saddlers, five dollars per quarter.
Twenty-seventh-For keepers of junk shops, three dollars per quarter.
Twenty-eighth-For keepers of paint shops, five dollars per quarter.
Twenty-ninth-For butchers who cut up and vend meat, six dollars per quarter.
Thirtieth-For dealers in marble and marble manufactories, three dollars per quarter.
Thirty-first-For breweries, twenty dollars per quarter.
Thirty-second-For street musicians, five dollars per quarter for each instrument used, or three dollars per day for each instrument used.
Thirty-third-For every person or firm engaged in manufacturing by steam or horse power from wood, iron, or other materials, or in carrying on or maintaining a laundry, flour mill or other establishments for the aforesaid business, six dollars per quarter.
SEC. 10. The License Collector is hereby authorized to issue and collect license for any time specified in this ordinance-for one year, six months, three months, one month, one day, or for each show or exhibi- tion, as the case may be.
SEC. 11. If any person shall furnish such evidence as shall satisfy the Mayor and Collector of Licenses that he or she, by reason of misfortune or physical infirmities, merits exemption from any of the provisions of this ordinance, a gratuitous or free license may be issued to such party; and if any person or persons shall furnish such evidence as shall satisfy the Mayor and the Collector of Licenses that the receipts arising from any exhibition, concert, lecture, or other entertainment are to be, and will be, appropriated to any charitable, religious, school, or benevolent purposes within the City of Oakland, a free or gratuitous license may be granted to such person at the discretion of the Mayor, and Collector of Licenses.
We sell as cheap as any store in San Francisco-STRICKLAND & CO.
TUBBS' HOTEL, East Oakland. Delightful location. Accommodating prices.
E. W. WOODWARD & CO., 958 Bdwy, call for catalogue and price list.
442
OAKLAND DIRECTORY.
SEC. 12. All licenses granted and issued under this ordinance shall be signed by the Mayor and License Collector of the City of Oakland, and the City Marshal is hereby declared to be the License Collector of the City of Oakland until otherwise ordered by the Council of the City of Oakland.
SEC. 13. The term "bankers and brokers" shall include all persons, and firms, and corporations engaged in buying or selling bills of exchange, drafts, gold dust, gold or silver bars, bullion, evidences of indebtedness, or stocks, and all brokers of bills, bullion, exchange, real estate, houses, or rents, stocks, script, or merchandise, and all persons, firms, and cor- porations, except pawnbrokers, engaged either as principals or agents in discounting negotiable paper, or for pay or reward procuring such paper to be discounted, or lending money on securities, or for pay or reward procure for others the loan of money on securities.
SEC. 14. The term " expressman" and " express agent" shall include all persons, firms, and corporations engaged as common carriers in expressing, transmitting, or conveying gold dust, gold or silver bars, bullion, coin, currency, or general merchandise, from or to any place without the City of Oakland.
SEC. 15. The term "peddlers" shall include all persons who shall carry from place to place and sell or offer to sell any goods, wares, or merchandise, except religious tracts and publications : provided, that persons furnishing to licensed retail dealers, articles manufactured within the City of Oakland, from hand or licensed vehicles belonging to the manufacturer of such articles, shall not be deemed peddlers within the meaning of this section.
SEC. 16. The terms "runners" and "soliciting agents" shall include all persons engaged in soliciting or endeavoring to influence or secure passengers or freight for any boat, vessel, or steamboat, or endeavoring to influence or secure boarders, lodgers, or custom for any hotel, tavern, boarding-house, lodging-house or restaurant, excepting duly licensed drivers of duly licensed hackney carriages, which are owned by the owner or manager of duly licensed taverns, hotels, boarding-houses, lodging-houses, or restaurants, within and by the authorities of the City of Oakland. And every runner and soliciting agent for a hotel, tavern, lodging-house, boarding-house, or restaurant, and every driver of a hackney carriage mentioned in this section as not included by the terms "runner" and "soliciting agent," shall, while engaged in his calling, wear, conspicuously exposed upon his hat or the lapel of his coat, a badge showing by the proper designation, in plain Roman letters of such size and color as to be readily seen and read, the particular establishment for which he shall be employed.
SEC. 17. Any person may procure a license to use a vehicle for three months or less, upon payment of one-half the annual rates.
SEC. 18. Every license for a vehicle shall state the number of the vehicle for which it shall be issued, and the kind thereof, which number and vehicle shall be registered by the License Collector in a book prepared for that purpose.
SEC. 19. In all cases where the rate of license depends upon the receipts or profits upon the amount of business done, or upon any other matter peculiarly within the knowledge of the applicant for license, such applicant may be examined in regard to such matters, and may be required to subscribe to a sworn statement or affidavit that he has, to the best of his knowledge and belief, truly answered all questions touch- ing the amount for which he applies or is liable. And if any person applying for a license shall make any false statement in regard to his business, with intent thereby to procure a license at less rates than those provided in this ordinance, he shall be deemed guilty of a misdemeanor,
The best ice cream freezers for sale at GORDON'S, 469 Ninth Street.
For the cheapest houses and lots go to E. J. KELLY & CO., 414 Seventh Street, Oakland.
O. F. S .- Oakland Feed Store, 416 Ninth St. near Broadway-O. F. S.
PUBLIC HEALTH. 443
and upon conviction thereof shall be punished as provided by this ordinance.
SEC. 20. The conviction and punishment of any person for transact- ing any business without a license, shall not excuse or exempt such person from the payment of any license, under the provisions of this ordinance, due and unpaid at the time of such conviction.
SEC. 21. It shall be the especial duty of the License Collector to attend to all collections or licenses, and to examine all places of business, and persons liable to pay licenses, and to see that such licenses are taken out, and that no other business than that described in the license is carried on or transacted. He shall number, sign, and keep a record of all municipal licenses. He shall also keep a record of the names, occu- pations, and places of business of all persons to whom he shall issue licenses, and the amounts of licenses, and the amount of license paid, and the date of issuing and expiration thereof, in which record the names shall be arranged in alphabetical order, and he shall at the end of each quarter render to the City Council a report of all the licenses issued and collected by him, the amount of money received, which report shall be under oath of the License Collector that the same is true and correct, and at the end of each quarter pay over to the City Treasurer the gross amount of the licenses collected for the quarter then last past.
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