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HomeMy WebLinkAboutItem 6.3 Amend Business Registration Ordinance (2) 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: , Open Public Hearing 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. 9 z/o 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. 5. 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. 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 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. " 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\ordNbus-re93.ehs 2 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 ORDINANCE NO. _1_Q__ - 90 ORDINANCE OF THE CITY OF DUBLIN REGISTERING BUSINESSES THE CITY COUNCIL OF THE CITY OF DUBLIN 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. (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. 1 (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. 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 2 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 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. 3 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. 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. 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. 4 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 Freiaht _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 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. 5 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. 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 Doina 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 6 Collector that he or she is conducting a business in the City, after being requested to do so by the Collector, then these 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; (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 7 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; 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. 8 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 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 $so. 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; 9 (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 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 10 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. 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 11 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. 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 any reasonable time, any place of business 12 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. 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. 13 Y'O'B+...� ...o••+"""� Section 39 . First License Re uired B 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 & Postin_q. 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. PASSED, APPROVED AND ADOPTED this 25th day of June 1990, by the following vote: AYES: Councilmembers Hegarty , Jeffery , Snyder , Vonheeder , and Mayor Moffatt NOES: None . ABSENT: None . C M y r ATTEST: 1. ity Clerk mnrw\114\ord\bus-reg2.ehs 14