HomeMy WebLinkAboutItem 6.3 BusinessRegOrd (2)
..
. ,-
.
CITY CLERK
File # m[2J[Q]-@5J
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: July 7, 1998
SuBJECT:
EXlUBITS ATTACHED:
RECOMMENDATION;,L!1 ./ 1.
~-2.
3.
4.
5.
Public Hearing - Business Registration Ordinance
Report by: Elizabeth H Silver, City Attorney
1.
2.
Business Registration Ordinance (DMC Chapter 4.04)
Draft Ordinance amending Chapter 4.04
Receive Staff Report
Open Public Hearing and take testimony
Close Public Hearing
Deliberate
Waive reading and ADOPT ordinance amending Chapter
4.04
FINANCIAL
STATEMENT: None
. DESCRIPTION: This is the second reading of an amendment to the Business Registration
Ordinance. At the June 16, 1998 City Council meeting, the Council introduced an ordinance which would
allow the operator of a festival or fair to obtain a "master" business license on behalf of himself and all
individuals who he anticipates will sell food and/or goods at the festival during the duration of an event.
Staff recommends the Council conduct a Public Hearing, deliberate, waive the reading and adopt the
Ordinance amending Chapter 4.04.
~-------------------------------------------------------------------
COPIES TO:
6.j
G:\CC-MTGS\98-QTR3\ 7 -7 -98\AS-BL2.DOC
ITEM NO.
...
. ,..
.
Chapter 4.04
BUSINESS REGISTRA nON
Sections:
4.04.010
4.04.020
4.04.030
4.04.040
4.04.050
4.04.060
4.04.070
4.04.080
4.04.090
4.04.100
. 4.04.110
4.04.120
4.04.130
4.04.140
4.04.150
4.04.160
4.04.170
4.04.180
4.04.190
4.04.200
.
Purpose-Authority.
Definitions.
Registration fees-
Limitations on effect of
license.
Provisions not exclusive.
Business registration fee
required-Exceptions.
Exemptions-Generally.
Exemptions--
Agriculture.
Exemptions-Attorneys.
Exemptions-Banks.
Exemptions-Benefit
activities.
Exemptions-
Charitable purposes.
Exemptions--Disabled
veterans.
Exemptions-Federal
and state entities.
Exemptions--Insurance
companies.
Exemptions-lnter-city
freight carriers.
Exemptions-Nonprofit
activities.
Exemptions-Pan-time
occupations.
Exemptions-
Miscellaneous.
Evidence of doing
business.
Branch
establishments--
Separate licenses.
4.04.210
4.04.220
4.04.230
4.04.240
4.04.250
4.04.260
4.04.270
4.04.280
4.04.290
4.04.300
4.04.310
4.04.320
4.04.330
4.04.340
4.04.350
4.04.360
4.04.370
4.04.380
- .>'
/ ~_. '..----
../
4.04.010
License--{:onten~
Issuance conditions.
Application-First
license.
Application-Renewal
license.
Payment-Time and
method.
Business registration
fees. '
Proration of
registration fee.
Denial of license--
Ground~
~ransferability-
Change of ownership or
location.
Duplicate license.
Posting and display of
licenses.
Collector's powers-
Filing deadline.
Business registration
fee-Penalty.
Doing business without
license does not waive
requirement~
Enforcement
authority-Inspection of
premise~
Appeal procedure.
Violations-Infraction.
Violation-Remedies
cumulative.
First license required
by October 1, 1990.
4.04.010 Purpose-Authority-
This chapter is enacted to register busi-
nesses, trades, occupations and professions
in the city of Dublin solely for the purpose
of regulation and is enacted pursuant to
105
(Dublin &-91)
EXHIBIT 1
,,"
--
----"
j
4.04.010
Business and Professions Code Sections 460
and 16000 and California Constitution Arti.
cle XI. Section 7. (Ord.. 10-90 S 1)
4.04.020 Definitions.
For the purposes of this chapter, the
following deiinitions shall apply:
"Business" means and includes profes-
sions, trades and occupations, and all and
every kind of calling, whether or not carIied
on for profit.
"City" means the city of Dublin, a mu-
nicipal cOIpcmUion of the state of Califor-
nia
"Collector" means the Finance Director
or any other peISon the City Manager may
desigruue to administer the business regis-
tration program_
""Engaging in business" means commenc-
ing, conducting or continuing in business,
and also lhe exert:ise of cOzpofate or fran-
chise powezs, as well as liquidating a busi-
ness when the liquidators thereof hold them-
selves out to the public as conducting such
business_
""PeISon" and "persons" means and in.
cludes all domestic and foreign corpora-
tions, associations, syndicates, joint stock
cOIporaIions, partneIShips of every kind,
clubs, nusrs, societies and individuals acting
and carrying on any business in the city,
other than as -an employee.
"Sworn statement" means an affidavit
sworn to before a person authorized to take
oaths, or a declaration or certificate under
penalty of peIjury. (Ord. 10-90 g 2)
4.04.030 Registration feo....s-
Limitations on effect of
license.
The terms ""license "and "'registration." as
CDublin 8-91)
used herein, shall not be consuued to mean
a permit. The fees prescribed by Section
4.04.210 of this chapter do not constirute a
tax for revenue purposes, but are regulatory
fees. The payment of a business registration
fee required by this chapter and its accep-
tance by the city. and the issuance of such
license to any person. shall not entitle the
holder thereof to cany on any business
unless he or she has complied with all of
the requirements of this chapter 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.
(Ord. 10-90 S 3)
4.04.040 Provisions not exclusive.
Persons required to pay a business regis.
tration fee for transacting and carrying on
any business under this chapter 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.
(Ord. 10-90 g 4)
4.04.050 Business registration fee
required-Exceptions_
A. There are imposed upon the business-
es. trades. professions. calling and occupa-
tions specified in this chapter business reg-
istration fees in the amounts set form in
Section 4.04250. 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 regisrra-
106
..,
.
.
.
.
.
.
..
tion fee, and without complying with any
and all applicable provisions of this chapter.
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 stat-
utes 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
chapter as set forth in Section 4.04220.
(Ord 10-90 S 5)
4.04.060 Exemptions-GeneraIly.
.Any person claiming an exemption to
Sections 4.04.070 through 4.04.180 shall
file a sworn statement with the Collector
stating the facts upon which exemption is
c1aimed,and in the absence of such state-
ment substantiating the claim, such person
shall be liable for the payment of the fees
imposed by this chapter. (Ord 10-90 9 6)
4.04.070 Exemptions-Agriculture.
The provisions of this chapter shall not
require the payment of a business registra-
tion fee on the business of ~oriculture,
except for the retail activities conduered in
connection therewith. (Ord 10-90 9 7)
4.04.080 Exemptions-Attorneys.
The provisions of this chapter shall not
apply to any natural person licensed to
practice law in the state of California when
such a person is practicing law. (Ord. 12-91
S 1)
4.04.090 Exemptions-Banks.
The provisions of this chapter shall not
apply to any state or national bank which
pays an "in lieu" tax provided for in Article
106-1
'/
-";:~
.',--
4.04.050
13, Section 27 of the California Constiro-
tion. (Ord. 10-90 9 9)
4.04.100 ExemptioIlS-::-Benefit
activities.
The provisions of this chapter shall not .
require the payment of a business registra-
tion fee for the conducting of any entertain-
ment, conceIt, exhibition or lecrure on sci-
entific, 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 ap-
propriated to any church or school, or to
any benevolent purpose within the city.
(Ord. 10-90 9 10)
4.04.110 Exemptions-Charitable
purposes.
The provisions of this chapter shall not
require the payment of a business registra-
tion fee to conduct, manage or carry on any
business, occupation or activity by any
organization which qualifies for tax exemp-
tion under Internal Revenue Code Section
501(c). (Ord. 10-90 S 11)
4.04.120 Exemptions-Disabled
veterans.
Any veteran who is unable to obtain a
livelihood by manual labor due to any phys-
ical disability may obtain a license to hawk
or peddle any goods, wares or merchandise
without payment of any business registra-
tion fee, by applying to the Collector and
producing a certificate from a duly licensed
physician showing the applicant to be physi-
cally disabled, evidence of being a legal
voter of the state, and a copy of an honor-
able discharge. (Ord. 10.90 S -12)
(Dubii!l &-92)
>.-{
,
,r-
~'
'::.04.130'
4.04.130 Exemptions-Federal and
state entities.
Nothing in this chapter shall be deemed
or consrrued to apply to any person trans-
acting and carrying on any business on
behalf of any agency, depamnent or politi-
cal subdivision of the United States or of
the state of California (Ord. 10-90 S 13)
4.04.140 Exemptions-Insurance
companies.
The provisions of this chapter shall not
apply to any insurer which pays an "in lieu"
tax provided for in Article 13, Section 28 of
the California Constimtion. As used herein,
"insurer" does not include insurance bro-
kers. (Ord. 10-90 S 14)
4.04.150 Exemptions-Inter-city
freight carriers.
The provisions of this chapter 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. (Ord. 10-90 S
15)
4.04.160 Exemptions-Nonprofit
activities.
A. The provisi.ons of this chapter shall
not require the payment of a business regis-
rration fee for the conducting of any enter-
tainment, dance, concert, exhibition or lec-
mre by any benevolent, charitable, fraternal,
educational, military, state, county or mu-
nicipal organization or association whenever
the receipts of any such entenainment,
dance, concert, exhibition or lecnrre are to
(Dublin 8-'12)
106-2
be appropriared 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 chapte~ shall be
required of any nonprofit instimtion, corpo-
ration. 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
instiOltions, corporations, organizations or
associations. (Ord. 10-90 S 16)
.
4.04.170 Exemptions-Part-time
occupations.
The provisions of this chapter shall not
apply to any narural person under the age of
eighteen or over the age of sixty-five (65)
engaged in any pan-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. (Ord. '10-90 S 17)
.
4.04.180 Exemptions-
Miscellaneous.
The provisions of this chapter shall not
apply to the following:
A. Cafe musicians, as defined in Busi.
ness 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
.
.
.
.
larmdry equipment which is not coin-operatA
ed laundry equipment owned and opera1ed
by a rewl establishment providing coin-
operated laundry equipment for general
public use.
E. Pdsons renting, leasing, or operating
coin-openn:ed vending machines. (Ord.lo-
90 9 18)
4.04.190 Evidence of doing
business.
When any person makes use of signs,
circular, cards, telephone books or newspa-
pers, 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
perarit issued by a govennnentli agency
indicating thai 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 conducting a business in the
city, after being requested to do so by the
Collector, then these facts shall be consid-
ered prima facie evidence that he or she is
conducting a business in the city. (Ord. 10-
90 919)
4.04.200 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 inciden-
tal to a business licensed under the provi-
sions of this chapter shall not be deemed to
be separa1e places of business or branch
106- 3
.c- -",",-
-- .
.---
4.04.180
establishments, and provided further that
only one (1) license is required for the
rentli or lease of real propeny within the
city regardless of the number of locations or
units of real propeny being rented or leased.
(Ord: 12-91 9 2)
4.04.210 License-Contents-
Issuance conditions.
Every person required to have a license
under the provisions of this chapter shall
make application as hereinafter prescribed
for the same to the Collector, and upon the
payment of the prescribed business registra~
tion fee, the Collector shall issue to such
person a license, which shan contain the
following information:
A. The name of the person to whom the
Ii cense is issued;
B. The name of the business licensed:
C. The place where such business is to
he 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 provi-
sions of this chapter. (Ord. 10-90 S 21)
4.04.220 Application-First license.
A. Upon a person making application
for the first license to be issued under this
chapter, or for a newly established business,
such person shall furnish to the Collecror a
sworn statement, upon a form provided by
the Collecror, setting forth the following
information:
1. The exact nature or kind of husiness
for which a license is requested;
2. Tne place where such business is to
be carried on, and if the same is not to be
carried on at any permanent place of busi.
ness, the places of residence of the owners
(Dubiin '-92)
'-'"'
-- -:J
,,-
/r--
~.04.220
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 appli-
cation 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 lhe names and places of
business of the officers or partners thereof;
5. For established and operating busi-
ness: the daily average number of employ-
ees employed in furtherance of lhe 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 lhe date of the appli- ,
cation;
6. AIly 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 has
furnished to him or her the sworn statement
and paid the business registration fee as
herein required. (Ord. 10-90 9 22)
4.04.230 Application-Renewal
license.
The applicant for the renewal of a license
shall submit to the Collector, on or before
October 1st of each year the correct amount
of fee and a sworn statement setting forth
the information in Section 4.04220 of this
chapter. (Ord. 10-90 9 23)
(Dublin 8-92)
106-4
.
4.04-240 Payment-Time and
method.
Unless otherwise specifically provided,
all annual business regisrration fees under
the provisions of this chapter shall be due
and payable in advance on the first day of
October of each year. (Ord., 10-90 S 24)
4.04.250 Business registration fees.
The business registration fees, which are
found to be commensurate with the cost of
issuance of the license, are as fOllows;
A General business, fifty dollars ($50);
B. Itinerant business, ten dollars ($10)
per day (limited to a maximum fee of fifty
dollars ($50) per calendar year);
C. Temporary places of sale, ten dollars
($10) per day. (Ord. 10-90 S 25)
4.04.260 Proration of registration
fee.
In the event that a license is issued here-
under 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 4_04-.240. (Ord. 10-90 S 26)
.
4.04.270 DeniaJ of license--
Grounds.
A license or renewal of a license may be
denied for any of the following causes:
A. Tne application is not on the form
provided, or does not contain the required
information;
B. The application contains materially
false iniormation;
C. Noncompliance withrequiremems of
this chapter;
D. The vehicle to be used in the busi-
ness 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
unr~asonably obstruct the free flow of ve-
hicular traffic, or with other means of travel
on any public street, or with pedesrrian
traffic on the sidewalks;
F. Appropriate permits for the business
have not been obtained from the city;
G. The conduct of the business or activi-
ty will be contrary to law; or
H. The conduct of the business or activi-
ty will interfere with the preservation of the
public peace, health, safety or welfare of the
public. (Ord.. 10-90 S 27)
.
4.04.280 TransferabiIity-Change
of ownership or location.
No license issued pursuant to this chapter
shall be transferable; provided, that where
a license is issued authorizing a person to
rransact and carry on a business at a partic-
ular place, such licensee may, upon applica-
tion therefor and paying a prorated fee in
the manner calculated pursuant to Section
4.04.260, have the license amended to au-
thorize 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 applica-
tion is made for transfer of the license and
a fee in the amount of five dollars ($5) is
paid to the Collector. (Ord. 12-91 S 3; Ord.
10-90 S 28)
.
106.5
r
~
4.04.270
4.04.290 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 state-
ment of such fact, and at the time of filing
such statement paying to the Collector a
duplicate license fee of five dollars ($5.00).
(Ord. 12-91 S 4; Ord. 10-90 S 29)
4.04300 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 OD.
B. Any licensee rransacting 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 busi.
ness for which it is issued. (Ord. 10-90 S
30)
4.04.310 Collector's powers-Filing
deadline.
A. In addition to all other power con-
ferred upon him, the Collector shall have
the power, for good cause shown, to extend
the time for filing any required sworn state-
ment or application for a period not exceed-
ing thirty (30) days, and in such case to
waive any penalty that would otherwise
have accrued.
B. For the purposes of regulation under
this chapter, the Collector shall also have
the power to determine whether or not a
person is engaged in business in the ciry
when such question arises as a result of an
occasional or a single isolated tranSaction
(Dubiin ..9~)
,/
.....
.,
-- -
":;'.04.310
during the course of one (1) or more calen-
dar years. (Ord. 10-90 S 31)
4.04.320 Business registration fee--
Penalty.
A penalty in the amount of seven percent
(7%) compounded monthly of any delin-
quent business registration fee shall accrue
on the thirtieth 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 chapter
shall be deemed a debt to the city but may
be reduced or waived, in the discretion of
the collector or on appeal. where appropri-
ate. AD. action may be commenced in the
name of the city in any court of competent
jurisdiction for collection of such amounts.
(Ord. 12-91 S 6)
4.04.330 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 provi-
sions of this chapter. (Ord. 10-90 S 33)
4.04.340 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 chap-
ter, and the zoning investigator shall render
such assistance in the enforcement hereof as
may from time to time be required by the
(Dublin 8-92)
1 06-6
.
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 provi-
sions of this chapter 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.
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 required to be
licensed herein, and demand an exhibition
of its .licens,e. Any person having such lie
cense theretofore issued, in his or her pas.
session 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 chap-
ter. (Ord. 12-91 S 5; Ord. 10-90 S 34)
.
4.04350 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 1.04.050 of this code. (Ord. 10-
90 S 35)
4.04360 Violations-Infraction.
Violation of the provisions of this chapter
shall be an infraction. (Ord. 10-90 S 36)
.
.
4.04370 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 purpos~ of enforc"
ing the provisions hereof. COrd. 10-90 S 37)
4.04380 First license required by
October 1, 1990.
Notwithstanding the provisions of Sec-
tions 4.04.240 and 4.04260, no license shall
be required under this chapter and no busi-
ness regiStration fee shall be due until Octo-
ber 1, 1990. COrd. 10-90 S 39)
.
.
--:>"
-'
,---
4.04.370
106-6a
(Dublin 1\-92)
. ~ ...
,.../ ...-"" -'1.--...
The City Council of the C 7 of Dublin does ordain
ORDINA.l'oJCE NO. - 98
UBLIN
AM:ENDIN CHAPTER 4.04 OF THE DUBL MUNICIPAL CODE
RELA TIN TO BUSIJ\'T}:SS REGISTRA N FOR FESTIVALS
.
Section 4.04.020 <'Definitions
sentence at the end of the definition 0
<C:O'Person" and <'persons"
fanners' market or similar
or offer to sell goods and/or
contract with the organizer
SECTION 2. PostinQ: and Effective Dj
y
This Ordinance shall take effec;t'~d be in for thirty (30) days from and after the date of its passage.
The City Clerk of the City of Dublin ~all cause this O. . ance to be posted in at least three (3) public places in
the City of Dublin in accordance wi~ Section 36933 of Government Code of the State ofCalifomia
/
PASSED, i\PPROVEIf'.AND ADOPTED by th ity Council of the City of Dublin this _ day
. 1998, by tk1e following vote:
AYES: /'
NOES: I
lIEST/uN: ,j
~Si
I include the operator of a festival, fair,
C'organizer") and all other persons who sell
od at the event e'purveyors") through
therwise. "
.
of
\\
~\
"
\\
\\
\
~
\
Mayor
ArrEST:
City Clerk
K: /G/6-16~98/oTd-bl-b.doc
EHS:J:I'-
J:\v, 'PD\MNRSW\114\OI\ORD\I998\BUSUC _B-605
.
EXHIBIT 2
ORDINANCE NO. - 98
.
AN ORDINANCE OF THE CITI' OF Dublin
AMENDING CHAPTER 4.04 OF THE DUBLIN MUNICIF}J... CODE
RELATING TO BUSTh'ESS REGISTRA nON FOR FESTIVALS
The City Council ofthe City of Dublin does ordain as follows:
SECTION 1. Section 4.04.020 ofDMC (Definitions) .Amended
Section 4.04.020 "Definitions" of the Dublin Municipal Code is amended by adding the following
sentence at the end ofthe definition of'<Person" and -''Persons'':
'<"Person" and "persons" shall also 'include the operator of a festival, fair,
fanners' market or similar event for which one person (the "organizer")
obtains required permits and licenses and which includes other persons who
sell or offer to sell goods and/or food at the event ("purveyors") through
contract with the or2:anizer or otherwise "
~ .
SECTION 2.
Section 4.04.205 ofDMC Added - Master Business License for Festival Onranizers
Section 4.04.205 is added to the Dublin Municipal Code to read as follows:
.
"Section 4.04.205. Master License - Festival Organizers
The organizer of a festival, fair, fanners' market or similar event shall
obtain a master license for himself and all purveyors of goods and/or food
who will participate in the event. No individual purveyors shall be required
to obtain a separate license."
SECTION 3.
Section 4.04.220 ofDMC Amended - Auplication - First License
Section 4.04.220 of the Dublin Municipal Code is amended by adding a new paragraph 6 to
subsection A, to read as follows, and by renumbering paragraph 6 of subsection A as paragraph 7:
"Section 4.04 .220. Application -- First License
"6. In the event the application is made for issuance of a master
license to a festival organizer, the application shall set forth the names and
addresses of all purveyors, and the goods and/or food to be purveyed.
7. J\ny further information which the Collector may require to enable him or
her to issue the license."
. SECTION 4. Section 4.04.250 Amended - Business Re~stration Fees
Section 4.04.250 of the Dublin Municipal Code is amended to read as follows:
EXHIBIT 2
, r
/.- -
,/
,''''''--
../
''The business registration fees, which are found 10 be commensurate 'with
the cost of issuance of the license, are as follows:
A.
B.
General business, :fifty dollars ($50) per business;
Itinerant business, ten dollars ($10) per day (limited to maximum fee of fifty dollars
($50) per calendar year);
Temporary places of sale, ten dollars ($10) per day;
Master License for Organizer (Section 4.04.205), fifty dollars ($50) per permitted
event.
.
C.
D.
SECTION 5.' Posting and Effective Date
This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage.
The City Clerk ofthe 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 by the City Council of the City of Dublin this _th day
of , 1998, by the following vote:
AYES:
NOES:
ABSTAIN:
.
ABSENT:
Mayor
ArrEST:
City Clerk
K /G/6-J 6-98/ord-bl-c.doc
EHS:Ija.
HWl'DIMNRSW\114\OI\OlUJ\I99H\BUSL1C _ C.605
.