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Home My WebLink AboutItem 6.2 Amendment to Business Registration Ord. r CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: August 26, 1991 SUBJECT: Public Hearing: Amendments to Business Registration Ordinance (Prepared by: Philip S. Molina, Finance Director) EXHIBITS ATTACHED: ■ Agenda Statement from City Council meeting of August 12, 1991 ■ Proposed Ordinance RECOMMENDATION: 1 . Open Public Hearing 2. Receive Staff Report 3. Receive Public Testimony 4. Close Public Hearing 5. Deliberate 6. Waive reading and Adopt Ordinance FINANCIAL STATEMENT: A change in revenue may result from the proposed changes in the Ordinance, however, it is not anticipated to impact the 1991-92 Budget. DESCRIPTION: At the City Council meeting on August 12, 1991 , the City Council conducted a public hearing on proposed modifications to the Business Registration Ordinance. The City Council introduced the Ordinance after conducting the Public Hearing. The attached agenda statement from the previous City Council meeting describes the proposed amendments. Staff recommends that the City Council conduct a Public Hearing and adopt the Ordinance. i ---------------------------------------------------------------------- COPIES TO: ITEM NO. + CITY CLERK FILE L71,319 0 D CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: August 12, 1991 SUBJECT: Amendments to Business Registration Ordinance EXHIBITS ATTACHED: 1) Proposed Ordinance Amendment 2) Current Ordinance RECOMMENDATION: , j Open Public Hearing i 2) Receive Staff Report 3) Receive Public Testimony 4) Close Public Hearing 5) Deliberate 6) Waive Reading and Introduce Ordinance FINANCIAL STATEMENT: The loss of revenue as a result of modifying Section 20 is not known, but may be significant depending upon the number of multiple rentals. The loss of revenue as a result of modifying the other sections of the Ordinance is minimal. These modifications should not impact the 1991-92 Budget, because neither the expense nor revenue associated with enforcing Section 20 of the current Ordinance were included in the Budget. DESCRIPTION: Dublin's Business Registration Ordinance became effective on October 1, 1990. During the first year of administration, the Staff has identified certain sections of the current Business Registration Ordinance that should be revised to 1) ease administration of the Ordinance, 2) lower certain fees in accordance with the cost of performing certain functions related to the Ordinance, and 3) bring the Ordinance into conformance with recent changes in the law. The proposed revisions to the Ordinance are discussed below in more detail. 1. Section 8 of the current Ordinance presently exempts the profession of "attorney-at-law." The intent of the current Ordinance is to exempt attorneys who practice law in the State of California from the local licensing requirements for the legal services that they provide. The current language has been interpreted to mean that all business activities conducted by an attorney is exempt from the licens.e. The proposed change would exempt an attorney from paying a city registration fee only for legal services rendered; any other business . that an attorney conducts within the City will require a business license and the payment of a registration fee. 2 . The current language in Section 20 of the Ordinance requires a separate fee payment from each landlord for each separate location that he/she rents in Dublin. The proposed language would require the payment of only one registration fee for renting and/or leasing any number of properties in Dublin. The impact of the change, for example, would allow a landlord to rent 10 separate buildings in Dublin and only pay one registration fee to do so. The Fee Collector still has the authority to request other necessary information (Section 22 (a) (6) ) , and as such the Fee Collector will require that each landlord provide a list of the addresses, business names, and phone numbers of all the business tenants at each location, if this change is approved by the City Council. 3. Section 26 of the Ordinance allows for the prorating of the registration fee to a new business starting out in Dublin. However, Section 28 provides that when an existing business transfers its license to a different location, the Ordinance requires the full payment of $50. 00 regardless of when the transfer takes place. Since a transfer of business location is analogous to starting a new business, it would seem appropriate to allow for the prorating of the --------------------------------------------------------------------------- COPIES TO. ITEM NO. fee when a license will be modified to reflect a change in the business location. 4. Section 28 of the Ordinance also addresses transfer of the business to a different owner. In those cases where there is no change in business type or location, this kind of a transfer would require minimal Staff time except to duplicate in the computer the existing data onto a new license number within the data base. It seems more equitable, therefore, that the charge for issuing a new license for a transfer of ownership should be lowered to $5. 00 rather than the current amount of $25. 00 to more closely reflect the cost of producing the duplicate license. S. The Fee Collector is responsible for enforcing the Registration Ordinance and from time-to-time may need to enter business premises to conduct, a Business License Inspection (Section 34b) . In accordance with the changes made to other City ordinances to more properly reflect currently case law, the City Attorney has recommended that this Ordinance be revised to require that the Fee Collector obtain judicial authorization before entering the premises for the purpose of a Licensing Inspection when the consent of the business is not given. 6. Section 32 of the Ordinance - currently requires the Fee Collector to charge a penalty on any business that is delinquent in paying its license fee. From time-to-time it may be necessary to either waive or reduce the penalty for a specified period of time when, for example, it is clear that the delay in the payment is not the fault of the business. The new language would provide the Fee Collector with the authority to waive or reduce the penalty. RECOMMENDATION: Staff recommends that the City Council approve the changes in the Business License Ordinance, waive the reading and introduce the Amendments to the Business License Ordinance. Y a:L812BReg.doc.agenda#5 --------------------------------------------------------------------------- COPIES TO: ITEM NO. ORDINANCE NO. - 91 ORDINANCE OF THE CITY OF DUBLIN AMENDING THE BUSINESS REGISTRATION ORDINANCE THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN as follows: Section 1. Section 8 of Ordinance No. 10-90 is deleted and a new Section 8 is added to read as follows: "Section 8 . Exemptions -- Attorneys The provisions of this Ordinance shall not apply to any natural person licensed to practice law in the State of California when such person is practicing law. " Section 2 . Section 20 of Ordinance No. 10-90 is deleted and a new section 20 is added to read as follows: "Section 20. Branch Establishments--Separate Licenses. A separate license must be obtained for each branch establishment or location of the business transacted and carried on, and for each separate type of business at the same location, and each license shall authorize the licensee to transact and carry on only the business licensed thereby at the location or in the manner designated in such license; provided, that warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this Ordinance shall not be deemed to be separate places of business or branch establishments, and provided further that only one license is required for the rental or lease of real property within the City regardless of the number of locations or units of real property being rented or leased. " Section 3. Section 28 of Ordinance No. 10-90 is amended by �. deleting the words "a fee of $50. 00" and adding in their place the following words: "a prorated fee in the manner calculated pursuant to section 26. " and by deleting the number 11$25. 00" and adding in its place the following: 11$5. 0011 . 114\ord\bus-reg3.ehs 1 Section 4 . Section 29 of Ordinance No. 10-90 is amended by deleting the number 11$25. 00" and adding in its place the following: 11$5. 00. " Section 5. Subsection (b) of Section 34 of Ordinance No. 10-90 is deleted and a new subsection (b) is added to read as follows: "The Collector, 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 Ordinance have been complied with. Absent consent to enter the premises, the Collector shall request the City Attorney to obtain the necessary judicial authority for entry and inspection. " Section 6. Section 32 of Ordinance No. 10-90 is deleted and a new section 32 is added to read as follows: "Section 32 . Business Registration Fee--Penalty. A penalty in the amount of 7% compounded monthly of any delinquent business registration fee shall accrue on the 30th day following the due date of any business registration fee, up to a maximum penalty equal to the amount of the business registration fee. The amount of any business registration fee and penalty imposed by the provisions of this Ordinance shall be deemed a debt to the City but may be reduced or waived, in the discretion of the Collector or on appeal, where appropriate. An action may be commenced in the name of the City in any court of competent jurisdiction for collection of such amounts. " Section 7 . Effective Date & Posting. This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. 114\ord\J=-reg3.ehs 2 i i. . PASSED, APPROVED AND ADOPTED this day of 1991, by the following vote: AYES: NOES: ABSENT: Mayor ATTEST: City Clerk 114\ord\bus-reg3.ehs 3