Chapter 5.12 — EXEMPTIONS

The individual applicants set forth in this chapter shall be exempt from the payment of license fees, but must comply otherwise fully with the requirements specified in Chapters 5.04—5.28 as to the application and issuance of licenses.

(Ord. 348 § 5 (part), 1964.)

Every soldier, sailor or marine of the United States who has received an honorable discharge or a release from active duty under honorable conditions from such service may hawk, peddle and vend any goods, wares or merchandise owned by him, except spirituous, malt, vinous or other intoxicating liquor, without payment of any license, tax or fee whatsoever. All claims for such exemptions shall be referred to the county service officer for investigation and recommendation.

(Ord. 348 § 5(a), 1964.)

Every applicant claiming to be entitled to exemption from the payment of any license provided for in this chapter upon the ground that such license casts a burden upon his right to engage in commerce with foreign nations, or among the several states, or conflicts with the regulations of the United States Congress respecting interstate commerce shall file a verified statement with the license collector, disclosing the interstate or other character of his business entitled to such exemption. Such statement shall state the name and address of the company or firm for which the orders are to be solicited or secured, the name of the nearest local or state manager, if any, and his address, the kind of goods, wares or merchandise to be delivered, the place from which the same are to be shipped or delivered, the method of solicitation or taking orders, the location of any warehouse, factory or plant in California, the method of delivery, the name and address of the applicant, and any other facts necessary to establish such claim of exemption. All

claims for such exemption shall be referred to the county sheriff's office and/or county board of supervisors for investigation and recommendation.

(Ord. 348 § 5(c), 1964.)

Nothing in Chapters 5.04—5.28 will be deemed or construed to apply to any person transacting, carrying on or conducting any business exempt by virtue of the Constitution or applicable statutes of the United States or of the state from the payment to a political subdivision of such fees as are herein prescribed.

(Ord. 348 § 5(d), 1964.)

Any license required of any person conducting an activity at a fair conducted, sponsored or financed by the state shall be exempt from the provisions of Chapters 5.04—5.28.

(Ord. 348 5(e), 1964.)

The provisions of Chapters 5.04—5.28 shall not be deemed or construed to require the payment of a license fee to conduct, manage or carry on any business, occupation or activity from any institution or organization which is conducted, managed or carried on wholly for the benefit of charitable purposes or from which a profit is not derived, either directly or indirectly, by any person; nor shall any license fee be required for the conducting of any entertainment, concert, exhibition or lecture on scientific, historical, literary, religious or moral subjects within the county, whenever the receipts of any such entertainment, concert, exhibition or lecture are to be appropriated to any church or school or to any religious or benevolent purpose; nor shall any license fee be required for the conducting of any entertainment, dance, concert, exhibition or lecture by any religious, charitable, fraternal, educational, military, state, county or municipal organization or association, whenever the receipts of any such entertainment, dance, concert, exhibition or lecture are to be appropriated exclusively for the purposes for which such organization or association was formed and from which profit is not derived, either directly or indirectly, by any person; provided, however, that nothing in this section shall be deemed to exempt any such organization or association from complying with the provisions of any ordinance of the county requiring a permit from the board of supervisors or any commission or any officer of the county to conduct, manage or carry on any profession, trade, calling or occupation. No exemption shall be granted under Chapters 5.04—5.28 to any professional circus or carnival.

(Ord. 348 § 5(f), 1964.)

The provisions of Chapters 5.04—5.28 shall not be deemed or construed to require the payment of a license fee to conduct, manage or carry on any public auction for the sale of any goods belonging to the United States, the state or the county, or for the sale of property by virtue of any process issued by any court or for the sale of property by virtue of any deed of trust or for the bona fide sale of household goods

at the domicile of the owner thereof; or for the sale at auction or otherwise of merchandise, salvage from any wreck, fire or other calamity occurring in the county for the purpose of adjusting the loss sustained by reason of such fire, wreck or other calamity; or for the sale at auction or otherwise of any stock of goods by any assignee, for the benefit of creditors, receiver in bankruptcy or his assignee, for the purpose of liquidating and adjusting the debts and liabilities of any person having a permanent place of business in the county.

(Ord. 348 § 5(g), 1964.)

Blind persons licensed by the Bureau of Vocational Rehabilitation in the State Department of Education may be permitted to operate vending stands without paying a license fee.

(Ord. 348 § 5(h), 1964.)

Any person claiming an exemption pursuant to this chapter shall file a verified statement with the license collector stating the facts upon which exemption is claimed.

The license collector shall, upon a proper showing contained in the verified statement, issue a license to such person claiming exemption under this chapter without payment to the county of the license fee required by the ordinance codified in Chapters 5.04—5.28.

The license collector may revoke any license granted pursuant to the provisions of this chapter upon information that the licensee is not entitled to the exemption as provided herein.

(Ord. 348 § 5 (part), 1964.)

Any public utility possessing a franchise granted by the county and making payments under the franchise to the county shall not be subject to the provisions of Chapters 5.04—5.28.

(Ord. 348 § 54, 1964.)