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HomeMy WebLinkAbout6.4 BusinessRegistOrd . CITY CLERK File # D[3]@J[Q]-gz][a] AGENDA STATEMENT CITY COUNCIL MEETING DATE JUNE 16, 1998 SUBJECT: ExmBITS ATTACHED: RECOMMENDATION: 1. 2. ~3. 4. 5. FINANCIAL . STATEMENT: DESCRIPTION: Public Hearing - Business Registration Ordinance Report by: Elizabeth H Silver, City Attorney 1. 2. 3. Business Regis~ation Ordinance (DMC Chapter 4.04) Draft Ordinance amending Chapter 4.04 (Version A) Draft Ordinance amending Chapter 4.04 (Version B) Receive Staff Report Open Public Hearing and take testimony Close Public Hearing Deliberate Waive reading and introduce draft ordinance amending Chapter 4.04 (version A or B) QI provide Stafffurther direction None Urban Village Farmers Market has obtained the required land use approval to operate the Dublin Farmers' Market in Dublin each week for the next several months. Urban Village then arranges with individual farmers for them to sell their goods at the Farmers' Market. Good Times Promotions is the organizer of a festival to be held in September entitled the Dublin Pasta & Jazz Festival. As with the Farmers' Market, Good Times Promotions has obtained the required zoning approval and will obtain an encroachment permit. Good Times Promotions arranges for various purveyors offood and goods to participate in the Festival. It is possible that similar festivals or fairs will be conducted in the City in the future. For example, the owner of a shopping center could sponsor an arts and crafts fair in the shopping center parking lot subject to all required zoning approvals. The Dublin Fanners' Market and the Dublin Pasta & Jazz Festival will both be run under the auspices of the promoters who will obtain the required zoning permit. They will not be run by the City as is the . --------------------------------------------------------------------------------------------------------------- COPIES TO: ITEM NO. 6.4 annual St. Patrick's Day Celebration. In the latter situation, the City requires each business that wish~s to rent a booth to get a business license. The City's Business Registration Ordinance (DMC Chapter 4.04) requires all individuals doing business in Dublin to obtain an annual business license, which applies to the Dublin Farmers' Market, the Dublin. Pasta & Jazz Festival and other similar festival or event. The pmpose of the Business Registration Ordinance is to register businesses, trades, occupations and professions solely for the purpose of regulation (DMC section 4.04.010). The purpose is not to raise revenue (DMC section 4.04.030). A person who obtains a business license is still required to obtain all other licenses of permits required by ordinance or statute and is required to conduct the business in the proper zoning district (DMC sections 4.04.030 and 4.04.040). All businesses are required to pay a business registration fee (DMC section 4.04.050). The ordinance includes various exemptions from payment of the fee, but none appears applicable to the festivals described above. Section 4.04.250 establishes the amount of the fee at $50 per year for general businesses; $10 a day (maximum $50 per year) for itinerant businesses (which would apply to peddlers who must obtain a peddlers permit under DMC Chapter 4.16); and $10 a day for temporary places of sale. It is clear that Urban Village and Good Times Promotion must both obtain a business license and pay a fee of $50 for the year (or a prorated amount pursuant to DMC section 4.04.260). It is also clear that Urban Village and Good Times Promotion must obtain zoning approval to operate the respective festivals in the selected locations. In addition, Good Times Promotion will be asking to use the . street and will therefore need an encroachment permit. If there are any activities that will occur during either festival that require any other type of City permits or licenses (e.g., second hand dealers, DMC Chapter 4.12) or State permit or license (e.g. State Board of Equalization permits), such permits or licenses must be obtained. The Peddlers Ordinance (Chapter 4.16) does not appear applicable to the festivals. Once Urban Village and Good Times Promotion have obtained all required zoning and other applicable approvals and permits and have obtained a business license, the question becomes whether the individuals who sell food and/or goods at either festival are also required to obtain a separate business license. Under the current terms of the Business Registration Ordinance, all individuals who sell food and/or goods at a festival would need to procure separate business licenses. Many cities allow small vendors and growers that participate in festivals to work under the master business license of an operator. In order to help promote the City through the use of festivals, fairs, farmers' markets and special ever..ts, Staff suggests that the City Council consider amending the Business Registration Ordinance to clarify its application for festival-type activities. Staffhas identified two possible interpretations: . 1. Both the operator of a festival or fair and the individuals who sell food and/or goods would obtain business licenses and pay fees (Exhibit 2). -J-- . 2. The operator of the festival or fair would 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 the license (Exhibit 3). This option will requires an adjustment ofthe fees in section 4.04.250. . Recommendation: Staff recommends that the Council conduct a Public Hearing, deliberate and waive the reading and introduce the ordinance amending Chapter 4.04 (Version A or B) or provide Staff further direction. . . .,..., ~:/- / /.7', ,.,-- 4.04.010 . Chapter 4.04 4.04.210 License-Contents- Issuance conditions. BUSINESS REGISTRA nON 4.04.220 Application-First license. Sections: 4.04.230 Application-Renewal 4.04.010 Purpose-Authority. license. 4.04.020 Definitions. 4.04.240 Payment-Time and 4.04.030 Registration fees- method. Limitations on effect of 4.04.250 Business registration license. fees. . 4.04.040 Provisions not exclusive. 4.04.260 Proration of 4.04.050 Business registration fee registration fee. required-Exceptions. 4.04.270 Denial of license- 4.04.060 Exemptions-Generally. Grounds. 4.04_070 Exemptions- 4.04.280 ~ransferability- Agriculture. Change of ownership or 4.04.080 Exemptions-Attorneys. location. 4.04.090 Exemptions-Banks. 4.04.290 Duplicate license. 4.04.100 Exemptions-Benefit 4.04.300 Posting and display of . activities. licenses. 4.04.110 Exemptions- 4.04.310 Collector's powers- Charitable purposes. Filing deadline. 4.04.120 Exemptions-Disabled 4.04320 Business registration veterans. fee-Penalty. 4.04.130 Exemptions-Federal 4.04.330 Doing business without and state entities. license does not waive 4.04.140 Exemptions-Insurance requirements. companies. 4.04.340 Enforcement 4.04.150 Exemptions-Inter-city authority-Inspection of freight carriers. premises. 4.04.160 Exemptions-Nonprofit 4.04.350 Appeal procedure. activities. 4.04360 Violations-Infraction. 4.04.170 Exemptions-Part-time 4.04370 Violation-Remedies occupations. cumulative. 4.04.180 Exemptions- 4.04.380 First license required Miscellaneous. by October 1, 1990. 4.04.190 Evidence of doing business. 4.04.010 Purpose-Authority. 4.04..200 Branch This chapter is enacted to register busi- establishments- nesses. trades, occupations and professions Separate licenses. in the city of Dublin solely for the purpose . of regulation and is enacted pursuant to 105 (Dublin 8.91) EXHIBIT 1 ,..:' --'"' .' -' 4.04.010 Business and Professions Code Sections 460 and 16000 and California Constitution Arti- cle XI. Section 7. COrd. 10-90 9 1) 4.04.020 Definitions. For the puqx>ses of this chapter, ,the following definitions shall apply: "Business" means and includes profes- sions. trades and occupations, and all and every kind of calling, whether or not camed on for profit "City" means the city of Dublin, a mu- nicipal corporation of the state of Califor- nia "Collector" means the Finance Director or any other person the City Manager may designate to administer the business regis- tration program. "Engaging in business" means commenc- ing, conducting or continuing in business, and also the exercise of corporate or fran- chise powers, as well as liquidating a busi- ness when the liquidators thereof hold them- selves out to the public as conducting such business. "Person" and "persons" means and in- cludes all domestic and foreign corpora- tions, 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. "Sworn statement" means an affidavit sworn to before a person authorized to take oaths, or a declaration or cenificate under penalty of peIjury. COrd. 10-90 9 2) 4.04.030 Registration fees- Limitations on effect of license. The terms "license" and "registration:' as (Dublin 8-91) . used herein, shall not be construed to mean a permit The fees prescribed by Section 4.04.210 of this chapter do not constitute 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 carry 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. COrd. 10-90 9 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. COrd. 10-90 9 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 forth in Section 4.04.250. 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 registra- . 106 . . . tion fee, and without complying with any and all applicable provisions of this chapter. B. 1his 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 4.04.220. (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 claimed, 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 S 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 ~O'ficulture, except for the retail activities conducted in connection therewith. (Ord. 10.90 S 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 Constitu- tion. (Ord. 10-90 S 9) 4.04.100 Exemptions-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, concert, exhibition or lecture 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 S 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) (DubliD &-92) ./ .' ,/ ", ., r- ~' 4.04.130' 4.04.130 Exemptions-Federal and state entities. Nothing in this chapter shall be deemed or construed to apply to any person trans- acting and carrying on any business on behalf of any agency, depanment oJ: politi- cal subdivision of the United States or of the state of California (Ord. 10-90 ~ 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 Constitution. As used herein, "insurer" does not include insurance bro- kers. (Ord. 10-90 ~ 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 9 15) 4.04.160 Exemptions-Nonprofit activities. A. The provisions of this chapter shall not require the payment of a business regis- tration fee for the conducting of any enter- tainment, dance, concert, exhibition or lec- nrre by any benevolent, charitable, fraternal, educational, militrry, state, county or mu- nicipal organization or association whenever the receipts of any such entenainment, dance, concert, exhibition or lecture are to (Dublin g..92) 106-2 . 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 chapter shall be required of any nonprofit institution, 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. TIlls exemption shall not apply to promoters employed by such nonprofit institutions, corporations, organizations or associations. (Ord. 10-90 ~ 16) 4.04.170 Exemptions-Part-time occupations. The provisions of this chapter shall not apply to any natural person under the age of eighteen or over the age of sixty-five (65) 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. (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 . . laundry equipment which is not coin-operat- ed 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. COrd. 10- 90 ~ 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 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 conducting a business in the city, after being requested to do so by the Collector, then these facts shall be consid- ered prim.a facie evidence that he or she is conducting a business in the city. COrd. 10- 90 ~ 19) . 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 separate places of business or branch 106- 3 ~ ..... .....-. ~ 4.04.180 establishments, and provided fwther that only one (1) license is required for the rental or lease of real property within the city regardless of the number oflocations or units of real property being rented or leased. COrd. 12-91 ~ 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 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 provi- sions of this chapter. COrd. 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 Collector a sworn statement, upon a form provided by the Collector, setting forth the following information: 1. The exact nature or kind of husiness 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 busi- ness, the places of residence of the owners (Dubiin 8.91) '"-' ..- -:J 4.04.220 ./ , ,.-- 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 the 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 the business being licensed during the ninety (90) day period preceding the date of application. For new businesses: the daily average number of employees anticipared to be employed to conduct the business during the ninety (90) day period following the date of the appli- cation; 6. Any further information which the Collector may require to enable him or her to issue the license. E. 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 S 22) 4.04..230 Application-Renewal license. The applicant for the renewal of a license shall submjt 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 4.04.220 of this chapter. (Ord. 10-90 S 23) (Dublin &.92) 106-4 . 4.04.240 Payment-Time and method. Unless otherwise specifically provided, all annual business registration fees under the provisions of this chapter shall be due and payable in advance on the first day of October of each year. (Ord.l0-90 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 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 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 unreasonably obstruct the free flow of ve- hicular 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 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 Transferability-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 transact 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- y' 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) 4.04.300 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 carryi ng 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 city when such question arises as a result of an occasional or a single isolated rransaction !Dublin 8"9~) / -c' 4.04.310 during the course of one (1) or more calen- dar years. (Ord. 10-90 ~ 31) 4.04320 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. An action may be commenced in the name of the city in any court of competent jurisdiction for collection of such amounts. (Ord. 12-91 ~ 6) 4.04330 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 ColIector 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 li- cense theretofore issued, in his or her pos- 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) . . 4.04.350 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) 4.04.360 Violations-Infraction. Violation of the provisions of this chapter shall be an infraction. (Ord. 10-90 S 36) . . 4.04.370 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 enforc- ing the provisions hereof. (Ord. 10-90 S 37) 4.04.380 First license required by October 1, 1990. Notwithstanding the provisions of Sec- tions 4.04.240 and 4.04.260, no license shall be required under this chapter and no busi- ness registration fee shall be due until Octo- ber 1, 1990. (Ord. 10-90 S 39) . . '7 /. '--. 4.04.370 106-6a (Dublin 8.92) ,/ ORDINANCE NO. - 98 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 4.04 OF THE DUBLIN MUNlCIPAL CODE RELA TING TO BUSINESS REGISTRA nON FOR FESTIVALS The City Council of the 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 of the definition of "Person" and "Persons": "''Person'' and "persons" shall also include the operator of a festival, fair, farmers' market or similar event ("organizer") and all other persons who sell or offer to sell goods and/or food at the event ("purveyors") through contract with the organizer or otherwise." SECTION 2. 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 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 ofCalifomia. PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin this _ day of . 1998, by the following vote: AYES: NOES: llJ3STAlN: ..6J3 SEt\TT: Mayor ATTEST: City Clerk K: /G/6-16-98/ord-bl-b.doc EHS~ J:\V,"PD\MNRSW\) ) 4\OJ\ORD\I998\BUSLlC _ B.605 EXHIBIT 2 . . . ORDINANCE NO. - 98 . AN ORDINANCE OF THE CITY OF Dublin AMENDING CHAPTER 4.04 OF THE DUBLIN MUNICIPAL CODE RELA TING TO BUSTh~SS 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, farmers> 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 organizer or otherwise." SECTION 2. Section 4.04.205 ofDMC Added -- Master Business License for Festival Organizers 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, farmers' 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 -- Application -- First License Section 4.04.220 ofthe 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. Any 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!!istration Fees Section 4.04.250 ofthe Dublin Municipal Code is amended to read as follows: EXH~8rT 3 ,--- -' r :''-= J "The business registration fees, which are found to 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." Postin& 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 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 ofthe 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 ATTEST: City Clerk K! /G/6-] 6-98/ord-bl-c.doc EHS:rj. J:IWPDIMNRSWII 14101101U>11998\BUSLIC_ C.605 .