HomeMy WebLinkAboutItem 8.1 Business Registration Task Force Report (2) � 1
�CITY OF DUBLIN q0 - L45'
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 14, 1990
SUBJECT: Business Registration Task Force Report
(Report by Richard C. Ambrose, City Manager)
EXHIBITS ATTACHED: 1) Report from Business Registration Task Force
dated May 9, 1990
2) Chamber of Commerce Business License/
Registration Survey
3) Memorandum from Acting City Attorney dated
February 13, 1990 regarding Exemptions from
Registration
4) Draft Business Registration Ordinance
5) Draft Business Registration Application
6) Police Information Card
RECOMMENDATION: 1) Receive Task Force Report
) Establish Public Hearing date for consideration
of Ordinance
FINANCIAL STATEMENT: The cost of administering a Business
Registration Program will vary depending upon
the number of businesses. It is estimated
that the cost of the program will be
approximately $52 , 700, of which $15, 200 will
be start-up costs. These costs could be
exceeded if the number of licenses increases.
This cost will be offset by an annual
registration fee of $50 for all businesses
except itinerant businesses and temporary
places of sale for which a $10/day fee will
be charged.
DESCRIPTION: In August, 1989, the City Council authorized the
formation of a task force for the purpose of studying the establish-
ment of a Business Registration Ordinance.
Attached is the Task Force Report for City Council consideration.
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COPIES TO: Business Registration .Task
Force Members
ITEM NO. .. Chamber of Commerce
CITY OF DUBLIN
MEMORANDUM
TO: City Council
FROM: Business Registration Task Force
SUBJECT: Establishment of a Business Registration Ordinance
DATE: May 9, 1990
Background
On August 28, 1989, the City Council authorized the establishment and
formation of a Task Force for the purpose of studying the establishment
of a business registration ordinance. The Task Force members included
the following persons:
Vice Mayor Georgean Vonheeder (Chair)
Councilmember Pete Snyder
.Ralph Hughes (Chamber of Commerce)
Don Johnson (Chamber of Commerce)
John Rajala, Rajala Therapy Sales
Terry Fransden, Automation Electronics
Richard Ambrose, City Manager
Elizabeth Silver, Acting City Attorney
The Task Force held its first meeting in November, 1989, and had several
subsequent meetings. In developing its recommendation, the Task Force
1) surveyed other communities; 2) reviewed the results of the Chamber of
Commerce Survey; 3) reviewed the City's perceived benefits from a
business registration ordinance; 4) reviewed the legal basis for
adopting a business registration ordinance; 5) reviewed the cost of
administration and registration fees associated with a business
registration ordinance; 6) developed a draft ordinance and draft
application form; and 7) reviewed first year implementation issues.
These areas are discussed in greater detail below.
Survey of Other Communities
In 1989, the consulting firm of Ralph Anderson & Associates conducted a
statewide survey of cities with a population in excess of 15, 000 on the
topic of business licenses. Of those surveyed, Dublin was one of 23
cities in California that does not have a business license tax.
The Task Force surveyed local communities regarding business license
activities with the following results:
CITY BUSINESS LICENSE TYPE OF LICENSE
Pleasanton Yes Revenue Raising
Livermore Yes Revenue Raising
San Ramon Yes Regulating
Danville No N/A
San Leandro Yes Revenue Raising
Hayward Yes Revenue Raising
Walnut Creek Yes Revenue Raising
Tracy Yes Revenue Raising
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As indicated above, other cities within the area have business license
ordinances with the exception of Danville. With the exception of San
Ramon, the business license ordinance in these communities were adopted
.for revenue raising purposes.
Chamber of Commerce Survey
In October 1988, the Chamber of Commerce mailed a Business License/
Registration Survey (see attached) , to 248 of its members. Of those
surveyed, the Chamber received 73 responses. Of those that responded,
52% were not in favor of a business license or registration. However,
if the City enacted such an ordinance, 70% of the respondents preferred
a registration as opposed to a business license, with a flat fee. Sixty
percent of the respondents indicated they preferred a one-time licensing
or registration. Sixty percent also indicated that non-profit
organizations should be required to obtain a license/registration.
Benefits From Enacting an Ordinance
City Staff reviewed with the Task Force the following benefits which
could result from the enactment of a Business Registration/License
Ordinance:
1. Assist Police and Fire Departments in contacting property owner
and/or business owner in the event of an emergency, and in
responding to break-ins, fire calls, etc.
2 . Facilitate the identification and location of hazardous materials
in order that the City can determine:
a. Compliance with Building, Fire and State Laws which City and
County enforce.
b. Facilitate better disaster planning and response on the part
of the City.
3 . Provide information which facilitates better traffic planning and
improvement.
4 . Assist businesses in complying with planning, zoning, building and
other City regulations before a substantial investment is made in
building or property improvements. For example, the City has no
early means of identifying a change in tenancy. In some cases, a
change in tenancy may impact the structural adequacy of the
building, the adequacy of available parking for existing tenants in
the same shopping center, compatibility with other uses, the need
for a sign permit, etc.
5. Facilitate a more accurate collection of sales tax by the State and
resulting disbursement of sales tax revenues to the City.
Legal Issues
As a General Law City, there are two types of business license
ordinances which the City may enact, revenue raising or regulatory.
With respect to a revenue raising ordinance, the Acting City Attorney
gave the following opinion: "Proposition 62 , enacted in 1986, was an
initiative measure which added Sections 53720 to 53730 to the Government
Code. In general, the measure established new requirements for adoption
of taxes by cities. In particular, no general taxes, which would
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include a business license tax, may be imposed unless approved by a two-
thirds vote of the City Council, followed by approval of a majority of
the voters. Any tax imposed without compliance with the procedures of
the statute will result in a dollar-for-dollar reduction in property tax
revenue allocated to the City. "
It is the Acting City Attorney's opinion that Proposition 62 is
unconstitutional. However, "if the Council were to consider a business
license ordinance for revenue purposes, it should submit it to the
electorate, as required by Government Code Section 53723 , or file a
declaratory relief action in Superior Court, seeking a declaration that
voter approval is not required. "
With respect to regulatory business licenses, the Business and
Professions Code Section 16000 provides that City Councils of General
Law cities may " . . . in the exercise of their police power, and for the
purpose of regulation, as herein provided, and not otherwise, license
any kind of business not prohibited by law transacted and carried on
within the limits of their jurisdiction . . . and may fix the rates of
such license fee and provide for its collection by suit or otherwise. "
Business and Professions Code Section 460 further provides that it does
not prevent a City from levying a license tax " . . .solely for the purpose
of covering the cost of regulation. "
In a Memorandum dated February 13 , 1990 (see attached) , the Acting City
Attorney discusses those businesses which are legally exempt from a
regulatory ordinance.
Cost of Administration/Registration Fees
The cost of administering a business license/registration ordinance is
directly related to the number of businesses in the City. In order to
obtain some idea of how many businesses are located in the City, Staff
purchased the Pacific Bell business listing. This listing identifies a
total of 962 businesses, of which 62 would be exempt. However, this
listing is not a complete listing of businesses that are located or
doing business in the City of Dublin. Businesses that are not included
on this list are:
1. Businesses that have more than one location in the City.
2 . Businesses that do business in Dublin, but do not have an address
in Dublin.
3 . Businesses that are located in Dublin, but do not include a
business address in the phone book.
In reviewing other cities experience who purchased the same phone
listing, Staff found that the number of business licenses issued by
those cities ranged from 1.46 to 2 . 57 times the number of businesses
listed in each cities' respective phone directory listing. If this
range was applied to Dublin, the number of business licenses issued
might range from 1, 314 to 2, 313 . However, due to the uncertainty
regarding the number of businesses, Staff presented to the Task Force a
draft budget for administering a business license program based upon the
900 known businesses. This budget is outlined below:
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One-time start up costs $15, 200
Operating costs
Personnel 22 ,700
Overhead 5,700
Material & Supplies 850
Legal 6, 250
Miscellaneous 2 , 000
Sub-Total $37, 500
Total $52 ,700
Assuming 900 licenses, an annual fee of $58.56 would be required to
recover the above costs in the first year. If the start-up costs were
amortized over 3 years, the cost per license would be $47. 30.
Staff has not included the costs associated with business license review
and site inspection (when necessary) by the Building, Fire, Planning and
Police Departments. The amount of review time per department could vary
considerably depending upon the department. If the Building Department
were to make a physical inspection of each building as part of the
business license review, the Building Department has estimated
approximately 40 minutes per license.
As the number of business licenses increase, personnel costs associated
with both the direct administration of the program and review by
operating departments will increase.
Draft Ordinance/Application
With guidance by the Task Force, the Acting City Attorney has prepared
the attached draft Business Registration Ordinance for City Council
review. The draft ordinance is for purposes of regulation only, not
revenue raising.
The ordinance would require that all businesses that are not exempt
annually register with the City. Those businesses which would be exempt
by this ordinance are as follows:
1. Businesses exempt by State or Federal Law as identified in Sections
8, 9, 12 , 13, 14 , 15 and 18 of the Draft Ordinance.
2 . Non-retail agricultural activities.
3 . Entertainment, concerts, exhibitions or lectures on scientific,
historical, literary, benevolent or moral subjects where all gross
receipts are appropriated to a church, school or benevolent purpose
within the City.
4. Organizations which qualify for tax exemption under Internal
Revenue Code 501 (c) .
5. Entertainment, dance, concert, exhibition or lecture by any
benevolent, charitable, fraternal, educational, military, state,
county or municipal organization or association whenever the
receipts are appropriated for the purpose for which the
organization was formed and from which profit is not derived by an
individual.
6. Non-profit institutions, corporations, organizations or
associations organized or conducted for non-profit purposes only
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when receipts are wholly for the benefit of the organization and
not for the private gain of any person.
7. Part-time occupations of persons under the age of eighteen or over
the age of sixty-five, or any person who performs manual labor.
The City is required to grant exemptions to those businesses identified
in category 1 above. The exemption of businesses in categories 2-7
above is within the City's discretionary authority.
For those businesses which are exempt, the ordinance encourages
compliance with the reporting requirements of the ordinance.
The ordinance provides for the renewal of a license on or before October
1 of each year. This date was chosen to accommodate the existing
workload of the Finance Department.
Business Registration Fees are limited to a maximum flat fee of
$50/year, $10/day for itinerant businesses and $10/day for temporary
places of sale. The $50 fee would be prorated for licenses issued for a
period less than a full calendar year.
Businesses are required to post their license in a conspicuous place.
There are penalty provisions for businesses who do not pay their
business registration fee.
The Business Application form (see attached) includes that information
which is required by the State of California and which is helpful to the
operating departments in their review of each business license
application. In addition to the application form, it is recommended
that an emergency information card (see attached) be included with each
application in order that sensitive emergency and security information
could be mailed directly to the Police Department.
First Year Implementation Issues
If the City's intent is to make certain that existing businesses are
currently complying with the City's health and safety and planning and
zoning requirements when the business registration ordinance goes into
effect, a number of months will be required to complete the operating
department review of all applications for the first year. The Task
Force recommends that a Temporary License be issued by the City until
all departments sign off on the Business License Application.
Recommendation
The Task Force recommends that the City Council pursue the establishment
of a business registration program, which includes those features
identified in the draft ordinance and attached application materials.
RCA:kk
Attachments
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DUBLIN CHAMBER OF COMMERCE
1989 BUSINESS LICENSE/REGISTRATION SURVEY RESULTS
October, 1989
The Dublin Chamber of Commerce recently surveyed it's Dublin based business members
asking for their input in regard to a proposed business icense/registration.
The following are the results of that survey:
Total number of surveys mailed: 248
Total number of surveys returned: 73
Percentage of return: 30%
Do you favor a business license or registration?
License: 7 = 9.5%
Registration: 29 = 39.7%
Neither: 38 = 52%
Undecided: 2 = 2.7%
Assuming the City enacts into law one or the other, which would you prefer:
Business License: 8 10.1%
Registration: 51 70%
Neither: 14 20%
What type of payment structure do you feel the license/registration should be based on:
Total Number of Employees 1 7 = 9.5%
Gross Sales and/or Income 2 2.7%
Square Footage. of business location 2 = 2.7%
Standard set fee 51 = 70%
No response 11 = 15%
How often do you feel a business be required to license and/or register:
Every Year 17 = 23.3%
Every Other Year 6 = 8.2%
Every Five Years 3 = 4.1%
One time licensing or registration 44 = 60.2%
(unless business changes ownership)
No response 3 = 4.1%
Should non-profit organizations be required to obtain a license/registration:
Yes 44 = 60.2%
No 23 = 32%
No Answer 5 = 6.8%
Responses with businesses in other cities : 20 - 27 .4%
7 / „
IIEY ERS, IV EVE, RIB ACK &, NVEST
MICHAEL R.NAVE A PROFESSIONAL LAW CCRPORATION PENINSULA OFFICE
STEVEN R.MEYERS 1220 HOWARD AVE..SUITE 250
NATALIE E.WEST GATEWAY PLAZA BURLINGA`aE.CA 9.1010-4211
ELIZABETH H.SILVER 777 DAVIS STREET.SUITE 300 (41S)348-7130
MICHAEL S.RIBACK SAN LEANDRO.CALIFORNIA 94577 FAX(415)342-0886
MOLLY T.TAMI (415)351-4300
ANNE E.MUDGE FAX(415)351-4481 MARIN OFFICE
MICHAEL F.RODRIQUEZ
1202 GRANT AVE..SUITE E
NOVATO.CA 94945
OF COUNSEL (415)892.8878
THOMASF.BERTRAND MEMORANDUM
REPLY TO:
TO: Business License Task Force
FROM: Elizabeth H. Silver, Acting City Attorney
RE: Exemptions from Registration
DATE: February 13 , 1990
If the Task Force recommends a registration or licensing ordinance
for businesses, there are certain businesses which are exempt from
such an ordinance by statute or constitutional provisions:
1. Banking establishments are exempt because they pay an "in
lieu" tax. Cal. Constit. Art. 13, section 27.
2 . Insurance companies are exempt, also because of an in lieu
tax. Cal. Constit. Art. 13 , section 28. Note, however, that
insurance brokers are not exempt because they are not deemed agents
of the insurance company. Marsh & McLennan, Inc. v. Los Angeles
(1976) 62 Cal.App. 3d 108, 132 Cal.Rptr. 796.
3 . Cafe musicians are exempt. Bus. & Prof. Code section
16005. 5.
4 . Honorably discharged veterans are exempt if they are
distributing circulars, peddling or vending goods, with certain
exceptions. Bus. & Prof. Code section 16001, 16001. 5.
5 . Commercial travelers whose businesses are limited to
wholesale are exempt. Bus. & Prof. Code section 16002 .
6. Real estate auctioneers are exempt. Bus. & Prof. Code
section 16002 . 1.
7 . A license fee can only be imposed on operation of laundry
equipment if it is based on gross receipts. Bus. & Prof. Code
section 16002 . 2 .
T0: Business License Task Force
FROM: Elizabeth H. Silver, Acting City Attorney
RE: Exemptions from Registration
DATE: February 13, 1990
PAGE: 2
8 . A license fee can only be imposed on operation of vending
machines if based on gross receipts. Bus. & Prof. Code section
16002 . 5.
9 . Attorneys are not licensed through the Department of
Consumer Affairs and thus cannot be required to obtain a business
license for purposes of regulation.
MEYERS, NAVE, RIBACK & WEST
Elizabeth H. Silver
Acting City Attorney
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114\memo\buslic.ehs
ORDINANCE NO. - 90
ORDINANCE OF THE CITY OF DIIBLIN
REGISTERING BUSINESSES
THE CITY COUNCIL OF THE CITY OF DIIBLIN DOES ORDAIN as
follows:
Section 1. This Chapter is enacted to register businesses,
trades, occupations and professions in the City of Dublin solely
for the purpose of regulation and is enacted pursuant to Business
& Professions Code §§ 460 and 16000 and California Constitution
Article XI, § 7.
Section 2 . Definitions.
For the purposes of this Ordinance, the following
definitions shall apply:
(a) "Business" means and includes professions, trades and
occupations, and all and every kind of calling, whether
or not carried on for profit.
(b) "City" means the City of Dublin, a municipal
corporation of the State of California.
(c) "Collector" means the Finance Director or any other
person the City Manager may designate to administer the
business registration program.
(d) "Engaging in business" means commencing, conducting or
continuing in business, and also the exercise of
corporate or franchise powers, as well as liquidating a
business when the liquidators thereof hold themselves
out to the public as conducting such business.
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(e) "Person" and "Persons" means and includes all domestic
and foreign corporations, associations, syndicates,
joint stock corporations, partnerships of every kind,
clubs, trusts, societies and individuals acting and
carrying on any business in the city, other than as an
employee.
(f) "Sworn statement" means an affidavit sworn to before a
person authorized to take oaths, or a declaration or
certificate under penalty of perjury.
Section 3 . Registration Fees--Limitations On Effect of
License.
The terms "license" and "registration, " as used herein,
shall not be construed to mean a permit. The fees prescribed by
Section 21 of this Ordinance do not constitute a tax for revenue
purposes, but are regulatory fees. The payment of a business
registration fee required by this Ordinance and its acceptance by
the City, and the issuance of such license to any person, shall
not entitle the holder thereof to carry on any business unless he
or she has complied with all of the requirements of this
Ordinance and all other applicable laws, nor to carry on any
business in any building or any premises designated in such
license in the event that such building or premises are situated
in a zone or locality in which the conduct of such business is in
violation of any law.
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Section 4 . Provisions Not exclusive.
Persons required to pay a business registration fee for
transacting and carrying on any business under this Ordinance
shall not be relieved from the payment of any license fee or
permit for the privilege of doing such business required under
any other Ordinance of the City, and shall remain subject to the
regulatory provisions of other Ordinances.
Section 5 . Business Registration Fee Required, Exceptions.
(a) There are hereby imposed upon the businesses, trades,
professions, calling and occupations specified in this
Ordinance business registration fees in the amounts set
forth in Section 25. It is unlawful for any person to
transact, carry on and/or engage in any business,
trade, profession, calling or occupation in the City
without first having procured a license from the city
to do so and paying the prescribed business
registration fee, and without complying with any and
all applicable provisions of this Ordinance.
(b) This Section shall not be construed to require any
person to obtain a license prior to doing business
within the City if such requirement conflicts with
applicable statutes of the United States or of the
State of California. Persons not so required to obtain
a license prior to doing business within the City
nevertheless are encouraged to comply with the
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reporting requirements of this Ordinance as set forth
in Section 22 .
Section 6. Exemptions--Generally.
Any person claiming an exemption to Sections 7 through 18
shall file a sworn statement with the Collector stating the facts
upon which exemption is claimed, and in the absence of such
statement substantiating the claim, such person shall be liable
for the payment of the fees imposed by this Ordinance.
Section 7 . Exemptions--Agriculture.
The provisions of this Ordinance shall not require the
payment of a business registration fee on the business of
agriculture, except for the retail activities conducted in
connection therewith.
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.
Section 9 . Exemptions -- Banks
The provisions of this Ordinance shall not apply to any
State or national bank which pays an "in lieu" tax provided for
in Article 13 , section 27 of the California Constitution.
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Section 10. Exemptions--Benefit Activities.
The provisions of this Ordinance shall not require the
payment of a business registration fee for the conducting of any
entertainment, concert, exhibition or lecture on scientific,
historical, literary, benevolent or moral subjects within the
City whenever all the gross receipts of any such entertainment,
concert, exhibition or lecture are to be appropriated to any
church or school, or to any benevolent purpose within the City.
Section 11. Exemptions--Charitable Purposes.
The provisions of this Ordinance shall not require the
payment of a business registration fee to conduct, manage or
carry on any business, occupation or activity by any organization
which qualifies for tax exemption under Internal Revenue Code
§ 501 (c) .
Section 12 . Exemptions--Disabled Veterans.
Any veteran who is unable to obtain a livelihood by manual
labor due to any physical disability may obtain a license to hawk
or peddle any goods, wares or merchandise without payment of any
business registration fee, by applying to the Collector and
producing a certificate from a duly licensed physician showing
the applicant to be physically disabled, evidence of being a
legal voter of the State, and a copy of an honorable discharge.
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Section 13 . Exemptions--Federal and State Entities.
Nothing in this Ordinance shall be deemed or construed to
apply to any person transacting and carrying on any business on
behalf of any agency, department or political subdivision of the
United States or of the State of California.
Section 14 . Exemptions -- Insurance Companies
The provisions of this Ordinance shall not apply to any
insurer which pays an "in lieu" tax provided for in Article 13 ,
section 28 of the California Constitution. As used herein,
"insurer" does not include insurance brokers.
Section 15 . Exemptions--Inter-City Freight Carriers.
The provisions of this Ordinance shall not apply to inter-
city .freight carriers who are paying an in-lieu tax to the state
under the Highway Carriers Uniform Business License Tax Act;
provided, however, this exemption shall not be deemed to prohibit
the levying of any excise or license tax authorized pursuant to
Division 2 of the Revenue and Taxation Code of the state.
Section 16. Exemptions--Nonprofit Activities.
(a) The provisions of this Ordinance shall not require the
payment of a business registration fee for the
conducting of any entertainment, dance, concert,
exhibition or lecture by any benevolent, charitable,
fraternal, educational, military, state, county or
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municipal organization or association whenever the
receipts of any such entertainment, dance, concert,
exhibition or lecture are to be appropriated for the
purpose and objects for which such organization or
association was formed and from which profit is not
derived, either directly or indirectly, by an
individual.
(b) No license under this Ordinance shall be required of
any nonprofit institution, corporation, organization,
or association organized or conducted for nonprofit
purposes only, when the receipts derived are to be
wholly for the benefit of such organization and not in
whole or in part for the private gain of any person.
This exemption shall not apply to promoters employed by
such nonprofit institutions, corporations,
organizations or associations.
Section 17 . Exemptions--Part-time Occupations.
The provisions of this Ordinance shall not apply to any
natural person under the age of eighteen or over the age of
sixty-five engaged in any part-time occupation, or any person who
performs manual labor only, on an hourly or other time basis, and
who furnishes only such tools and incidentals as may be required
in the performance of such manual labor.
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Section 18 . Exemptions -- Miscellaneous
The provisions of this Ordinance shall not apply to the
following:
(a) Cafe musicians, as defined in Business and Professions
Code section 16000. 5.
(b) Commercial travelers, as defined and described in
Business and Professions Code section 16002 .
(c) Real estate auctioneers, as defined and described in
Business and Professions Code section 16002 . 1.
(d) Persons renting, leasing or operating laundry equipment
which is not coin-operated laundry equipment owned and operated
by a retail establishment providing coin-operated laundry
equipment for general public use.
(e) Persons renting, leasing, or operating coin-operated
vending machines.
Section 19 . Evidence of Doing Business.
When any person makes use of signs, circular, cards,
telephone books or newspapers, and advertises, holds out or
represents that he or she is in business in the City, or when any
person holds an active license or permit issued by a governmental
agency indicating that he or she is in business in the City, and
such person fails to deny by a sworn statement given to the
Collector that he or she is not conducting a business in the
City, after being requested to do so by the Collector, then these
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facts shall be considered prima facie evidence that he or she is
conducting a business in the City.
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.
Section 21. License--Contents--Issuance Conditions.
Every person required to have a license under the provisions
of this Ordinance shall make application as hereinafter
prescribed for the same to the Collector, and upon the payment of
the prescribed business registration fee, the Collector shall
issue to such person a license, which shall contain the following
information:
(a) The name of the person to whom the license is issued;
(b) The name of the business licensed;
(c) The place where such business is to be transacted and
carried on;'
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(d) The date of the expiration of such license; and
(e) Such other information as may be necessary for the
enforcement of the provisions of this Ordinance.
Section 22 . Application--First License.
(a) Upon a person making application for the first license
to be issued under this Ordinance, or for a newly
established business, such person shall furnish to the
Collector a sworn statement, upon a form provided by
the Collector, setting forth the following information:
1. The exact nature or kind of business for which a
license is requested;
2 . The place where such business is to be carried on,
and if the same is not to be carried on at any
permanent place of business, the places of
residence of the owners of same;
3 . In the event that application is made for issuance
of a license to a person doing business under a
fictitious name, the application shall set forth
the names and places of business of those owning
the business;
4 . In the event that the application is made for the
issuance of a license to a corporation or a
partnership, the application shall set forth the
names and places of business of the officers or
partners thereof;
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5. For established and operating business: the daily
average number of employees employed in
furtherance of the business being licensed during
the ninety (90) day period preceding the date of
application. For new businesses: the daily
average number of employees anticipated to be
employed to conduct the business during the ninety
(90) day period following the date of the
application.
6. Any further information which the Collector may
require to enable him or her to issue the license.
(b) The Collector shall not issue to any such person
another license for the same or any other business
until such person shall have furnished to him or her
the sworn statement and paid the business registration
fee as herein required.
Section 23 . Application--Renewal License.
The applicant for the renewal of a license shall submit to
the Collector, on or before October 1 of each year the correct
amount of fee and a sworn statement setting forth the information
in Section 22 of this Ordinance.
Section 24 . Payment--Time and Method.
Unless otherwise specifically provided, all annual business
registration fees under the provisions of this Ordinance shall be
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due and payable in advance on. the first day of October of each
year.
Section 25. Business Registration Fees.
The business registration fees, which are found to be
commensurate with the cost of issuance of the license, are as
follows:
General Business $ 50
Itinerant Business $ 10 per day
Temporary Places of Sale $ 10 per day
* Limited to a maximum fee of $50. 00 per calendar year
Section 26 . Proration of Registration Fee.
In the event that a license is issued hereunder for a period
of time less than a full calendar year, the amount of the
registration fee shall be prorated on a monthly basis for the
number of full months remaining until the annual registration fee
is due pursuant to Section 24 .
Section 27 . Denial of License--Grounds.
A license or renewal of a license may be denied for any of
the following causes:
(a) The application is not on the form provided, or does
not contain the required information;
(b) The application contains materially false information;
(c) Noncompliance with requirements of this Ordinance;
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(d) The vehicle to be used in the business is inadequate or
unsafe for the purpose for which it is to be used, or
the building or structure where the business is located
does not comply with all laws;
(e) The business would interfere with or unreasonably
obstruct the free flow of vehicular traffic, or with
other means of travel on any public street, or with
pedestrian traffic on the sidewalks;
(f) Appropriate permits for the business have not been
obtained from the City;
(g) The conduct of the business or activity will be
contrary to law; or
(h) The conduct of the business or activity will interfere
with the preservation of the public peace, health,
safety or welfare of the public.
Section 28 . Transferability--Change of Ownership or
Location.
No license issued pursuant to this Ordinance shall be
transferable; provided, that where a license is issued
authorizing a person to transact and carry on a business at a
particular place, such licensee may, upon application therefore
and paying a fee of $50. 00, have the license amended to authorize
the transacting and carrying on of such business under the
license at some other location to which the business is or is to
be moved. Provided further, that transfer, whether by sale or
13
1_ J
otherwise, to another person .under such circumstances that the
real or ultimate ownership after the transfer is substantially
similar to the ownership existing before the transfer, shall not
be prohibited by this Section, provided application is made for
transfer of the license and a fee in the amount of $25. 00 is paid
to the Collector.
Section 29 . Duplicate License.
A duplicate license may be issued by the Collector to
replace any license previously issued hereunder which has been
lost or destroyed, upon the licensee filing a statement of such
fact, and at the time of filing such statement paying to the
Collector a duplicate license fee of $25. 00.
Section 30. Posting and Display of Licenses.
(a) Any licensee transacting and carrying on business
at a fixed place of business in the City shall
keep the license posted in a conspicuous place
upon the premises where such business is carried
on.
(b) Any licensee transacting and carrying on business
but not operating at a fixed place of business in
the City shall keep the license upon his or her
person or in the vehicle used for the business at
all times while transacting and carrying on the
business for which it is . issued.
14
Section 31. Collector's Powers--Filing Deadline.
(a) In addition to all other power conferred upon him,
the Collector shall have the power, for good cause
shown, to extend the time for filing any required
sworn statement or application for a period not
exceeding thirty days, and in such case to waive
any penalty that would otherwise have accrued.
(b) For the purposes of regulation under this
Ordinance, the Collector shall also have the power
to determine whether or not a person is engaged in
business in the City when such question arises as
a result of an occasional or a single isolated
transaction during the course of one or more
calendar years. .
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. An action may be commenced in the name of the
City in any court of competent jurisdiction for collection of
such amounts.
15
Section 33 . Doing Business- without License Does Not Waive
Requirements.
The conviction and punishment of any person for transacting
any business without a license shall not excuse or exempt such
person from the payment of any fee due or unpaid at the time of
such conviction, and nothing herein shall prevent a criminal
prosecution of any violation of the provisions of this Ordinance.
Section 34 . Enforcement Authority--Inspection of Premises.
(a) It shall be the duty of the Collector, and he or
she is hereby directed, to enforce each and all of
the provisions of this Ordinance, and the zoning
investigator shall render such assistance in the
enforcement hereof as may from time to time be
required by the Collector.
(b) 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.
(c) The Collector, and each and all of his or her
assistants and any police officer, shall have the
power and authority (upon obtaining an inspection
warrant therefor) to enter, free of charge, and at
16
C t
any reasonable. time, any place of business
required to be licensed herein, and demand an
exhibition of its license. Any person having such
license theretofore issued, in his or her
possession or under control, who wilfully fails to
exhibit the same on demand, is guilty of an
infraction, and subject to the penalties provided
for by the provisions of this Ordinance.
Section 35. Appeal Procedure.
Any person aggrieved by any decision of the Collector with
respect to the issuance or refusal to issue such license may
appeal to the City Manager pursuant to the provisions of Section
7 of Ordinance No. 21-86.
Section 36. Violations - Infraction.
Violation of the provisions of this Ordinance shall be an
infraction.
Section 37 . Violation--Remedies Cumulative.
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
hereof.
17
Section 38 . Severability.
Should any provision, section, paragraph, sentence or word
of this Ordinance be rendered or declared invalid by any final
court action in a court of competent jurisdiction, or by reason
of any preemptive legislation, the remaining provisions,
sections, paragraphs, sentences and words of this Ordinance shall
remain in full force and effect.
Section 39 . First License Required By October 1 , 1990.
Notwithstanding the provisions of paragraphs 24 and 26, no
license shall be required hereunder and no business registration
fee shall be due until October 1, 1990.
Section 40. 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.
18
PASSED, APPROVED AND ADOPTED this day of ,
1990, by the following vote:
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
mnrw\114\ord\bus-reg2.ehs
19
trig CITY OF DUBLIN BUSINESS LICENSE APPLICATION roRH
DATE THIS APPLICATION IS SUBMITTED:_/_/_. DATE YOU STARTED BUSINESS IN DUBLIN:_/_/_.
S
E 1. Your Business Name: E
(J C
T 2. Business mailing address: 3. Business location: T
I I
0 4. 5. 6. 0
N SIC CODE: N
Business phone Type of business
0 0
If 7. If applicable: N
E a. Date last transacted business:—/—/—. b. I am applying for exemption under Sections_ E
If you are no longer doing business within the City of Dublin, please identify the date you last transacted business
in Dublin. You will still need to fill out Section One, skip the balance of this form to the
certifying signature block, sign and return this form to the City Offices.
If you are claiming an exemption from Dublin's business license fee, you will need to fill out Section One of this
form, identify the paragraph number (17-18) of the City's business license ordinance under which you are applying
for exemption. Skip to the certifying signature block, sign and return this form to the City Offices.
[DUBLIN IS REQUIRED BY STATE LAW TO ASK FOR INFORMATION IN THIS SECTION FROM EVERY BUSINESS.]
8. 9. 10.
STATE CONTRACTOR'S LICENSE FEDERAL EMPLOYER ID,$ STATE EMPLOYER ID9
S S
E 11. SOC. SEC. as ;> ;;;;:: » 12. E
C STATE SALES TAX PERMIT I (if applicable) C
11 T
I 13. Is your business operated as a a CORPORATION PARTNERSHIP a S. PROPRIETOR 0 TRUST? I
O 0
14. If your business is a Trust, Corporation, or Partnership identify two officers or two partners:
I
T Name/Title: Name/Title: T
W Business Address: Business Address: W
0 0
15. Owner's Name:
Last, First, Middle Initial / Corporate Owner Name
16.Do you own or rent your business space? 17. If you rent, give name
& address of property
owner or R.E. Hgmt Co:
><>< >>:S 18.Square footage of space occupied: 19. parking spaces available: S
...:::
E E
C 20.Daily average I employees:------> >';>` >; `» i 21. Normal operating hours:from _:_to_:_ C
T T
0 22.Were you conducting the same business in the same location last year? 0 YES NO IO
If 23.Were there any substantial changes to the 1 of employees, type of business, or square footage N
of space occupied from last year?®YES ® NO
T 24.Does your business have/need an exterior sign? ®YES ONO T
H (If you answered yes, you need to get a sign permit from the Planning Department.) H
E 25.ARE HAZARDOUS MATERIALS USED, STORED, OR MANUFACTURED ON PREMISES? OYES ®NO E
E E
26.Local Business Manager's Name:
I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing and all information
hereon, including any accompanying statements or documents, is true, correct and complete to the best of my knowledge and
belief:(SIGNED)
authorized signature print your title dated
POLICE APPROVAL FIRE APPROVAL BUIDLING APPROVAL PLANNING APPROVAL FINANCE APPROVAL
FIRM NAM[ Ao DR92S
TYPE OF BUSIME[r.• I'MOM[
OWNER OR MANAGE% ADDR[[S PNODT
1/11 TAN MAN A%ER AODRERi PHGME
OPENING @ CLOSING MOUP3 MI ON L RHT LOCATION
FLOOR SPACE (E.G. 29 X 10) TYPE OF BUILDING
SAFE. IF ANYMY LOCATION ! TYPE
NUMBER OF EXITS LOCATION
WI MOORS OR SRY•LI CM Ti ALARM • *MAT SEA VI Cl ✓! COMPANY}
CNECR CASHING SERVICE? Mt MCM AN TS PATROL DO THEY MAY[ XRYJ
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