HomeMy WebLinkAbout4.9 - 3279 DMC 4.04 Business License Amendments
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STAFF REPORT
CITY COUNCIL
DATE: July 21, 2020
TO: Honorable Mayor and City Councilmembers
FROM:
Linda Smith, City Manager
SUBJECT:
Introduction of an Ordinance Approving Amendments to the Dublin
Municipal Code Amending Chapter 4.04 (Business Regulations) Relating
to Sworn Statement Requirements
Prepared by: John Stefanski, Assistant to the City Manager
EXECUTIVE SUMMARY:
The City Council will consider an amendment to Dublin Municipal Code (DMC) Chapter
4.04 (Business Registration) to remove certain requirements to streamline the business
license registration process. Specifically, the proposed amendments remove references
that require Sworn Statements which must be made in front of an authorized officer or
through an approved electronic signature software service. This amendment will
facilitate the transition to a paperless business license application.
STAFF RECOMMENDATION:
Waive the reading and INTRODUCE the Ordinance Approving Amendments to the
Dublin Municipal Code Amending Chapter 4.04 (Business Regulations) Relating to
Sworn Statement Requirements.
FINANCIAL IMPACT:
None.
DESCRIPTION:
Current Policy
The purpose of DMC 4.04 (Business Registration) is to register businesses, trades,
occupations, and professions in the City solely for the purpose of regulation.
Furthermore, this business registration process provides the City the opportunity to cull
relevant data about the Dublin business community. Specifically, the Business
Registration program provides the City with a business’s contact information, owner
information, location(s), total number of employees, and other information to ensure
conformance with zoning and other regulations.
Persons conducting business in Dublin are required to register their business with the
City. DMC 4.04.050 states “it is unlawful for any person to transact, carry on and/or
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engage in any business, trade, profession, calling or occupation in the city without first
having procured a license from the city to do so and paying the prescribed business
registration fee, and without complying with any and all applicable provisions of this
chapter.”
DMC 4.04.220 requires a person making an application for a Business License to
furnish to the City a “sworn statement” upon a city produced form that sets forth, at a
minimum, 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. 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.
Current regulations require applicants for business licenses to provide a sworn
statement on each business license application. A “Sworn Statement,” as DMC
4.04.020 defines, is “an affidavit sworn to before a person authorized to take oaths, or a
declaration or certificate under penalty of perjury.” This is above what is required for
applications for more substantial applications for building and planning permits. There is
no legal requirement, outside of what is provided in DMC 4.04, for business license
applications to have a sworn statement.
The City’s application process currently allows for business owners to submit physical
applications for a business license in person or via mail. Under the current regulations
and State law, the City cannot accept a digital or emailed application unless the “sworn
statement” portion of the application is signed utilizing a State-approved software which
facilitates a security certificate with the applicant’s signature.
Due to the COVID-19 Pandemic, City offices have not been open to the public and
therefore have not been able to accept in-person business license applications. While
the City can receive applications via mail, relying on a physical process which involves
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multiple persons touching the same item is not appropriate nor in the best interest of
Staff during this pandemic. In consideration of this, the Community Development
Department is transitioning the Business License application process to the State -
approved DocuSign platform, which can facilitate electronic application submittals.
Proposed Amendments
Staff recommends eliminating the requirement for a “sworn statement” on Business
License applications. The City does not require sworn statements for building or
planning applications and therefore removing the more stringent requirement of a sworn
statement would achieve parity amongst other permit applications.
Furthermore, by eliminating the Sworn Statement requirements, the City will have
greater flexibility to transition the Business License application process to an entirely
electronic, paperless format in the future.
Currently, when processing Business License applications Staff must manually input all
information into the City’s Enterprise Resource Planning (ERP) system. Staff desires to
streamline this process into one system where businesses can submit their applications
electronically for processing and Staff can review and process without the need to
manually upload or input applicant data. This process improvement will save Staff time
and will provide an opportunity for businesses to easily apply for business licenses. As
the City is currently working on identifying and implementing a new ERP system, Staff is
evaluating potential systems for this functionality.
Next Steps
The proposed ordinance will take effect in thirty (30) days. At that time, Staff will adjust
the Business License application accordingly. Staff will continue to process business
applications via DocuSign and will transition to a single processing system once the
new ERP system is implemented.
STRATEGIC PLAN INITIATIVE:
Strategy 4: Become a 24/7 City Hall to Enhance Resident and Business Engagement.
Objective A: Reduce/eliminate the need for paper transactions where feasible.
Objective B: Provide more opportunities for residents to complete transactions with the
City online with appropriate security measures.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Ordinance Approving Amendments to the Dublin Municipal Code Amending Chapter
4.04 (Business Regulations) Relating to Sworn Statement Requirements
ORDINANCE NO. XX - 20
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
APPROVING AMENDMENTS TO THE DUBLIN MUNICIPAL CODE AMENDING CHAPTER
4.04 (BUSINESS REGULATIONS) RELATING TO SWORN STATEMENT REQUIREMENTS
WHEREAS, the City Council of the City of Dublin (“City”) finds that businesses are an
integral part of the Dublin community via the jobs they provide for residents and the essential
services and amenities supported by the revenues they generate; and
WHEREAS, Dublin Municipal Code (“DMC”) Chapter 4.04 entitled “Business
Registration” requires all persons conducting business within the City to register the business
with the City; and
WHEREAS, DMC 4.04.050 prohibits the transaction, carrying on, and/or engagement of
any business, trade, profession, calling or occupation in the City without, among other things,
procuring a license from the City and paying the prescribed business registration fee; and
WHEREAS, as currently written, DMC Chapter 4.04 further requires applications for an
initial business license or business license renewal include an applicant’s “sworn statement,”
which may be facilitated only through a physical signature or through an California Secretary of
State approved electronic signature software; and
WHEREAS, the City desires to remove the requirement of a sworn statement from the
City’s business registration procedures to achieve parity with the procedures for building and/or
planning applications, which do not require a sworn statement; and
WHEREAS, eliminating such sworn statement requirement will allow greater flexibility to
transition the business registration and license application process to an paperless format
where businesses can submit applications electronically for processing and staff can review and
process without the need to manually upload or enter in applicant data ; and
WHEREAS, the proposed amendments to DMC Chapter 4.04 described herein support
the City Council’s Two-Year Strategic Plan, which directs staff to transition the City to a 24/7 City
Hall to enhance resident and business engagement, by reducing or eliminating the need for paper
transactions where feasible and providing more opportunities for residents to complete
transactions with the City online with appropriate security measures ; and
WHEREAS, the California Constitution, Article XI, Section 7 provides cities with the
authority to enact ordinances to protect the health, safety, and general welfare of their citizens,
and business regulations are a permissible exercise of this authority; and
WHEREAS, a Staff Report was submitted to the City Council recommending approval of
the proposed Dublin Municipal Code Amendment; and
WHEREAS, the City Council did hear and consider all said reports, recommendations
and testimony herein above set forth and used its independent judgment to evaluate the
proposed Dublin Municipal Code Amendment.
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows:
Section 1. Recitals. The recitals above are true and correct and incorporated herein by
reference.
Section 2. Section 4.04.020 entitled “Definitions” is hereby amended as follows (deletions in
strikethrough):
For the purposes of this chapter, the following definitions shall apply:
“Business” means and includes professions, trades and occupations, and all and every
kind of calling, whether or not carried on for profit.
“City” means the city of Dublin, a municipal corporation of the state of California.
“Collector” means the Finance Director or any other person the City Manager may
designate to administer the business registration program.
“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.
“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. “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.
“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. Section 4.04.060 entitled “Exemptions” is hereby amended as follows (additions in
underlined italics, deletions in strikethrough):
Any person claiming an exemption to Sections 4.04.070 through 4.04.180 shall file a
sworn statement with submit to the Collector, upon a form provided by the Collector, a
request for such exemption and statement of the facts upon which exemption is claimed,
and in the absence of such request and statement substantiating the claim, such person
shall be liable for the payment of the fees imposed by this chapter.
Section 4. Section 4.04.190 entitled “Evidence of doing business” is hereby amended as
follows (additions in underlined italics, deletions in strikethrough):
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 an affidavit
sworn to before a person authorized to take oaths or a declaration or certificate under
penalty of perjury 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 considered prima facie evidence that he or she is conducting a business in the city.
Section 5. Section 4.04.220 entitled “Application—First License” is hereby amended as
follows (additions in underlined italics, deletions in strikethrough):
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, 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. 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.
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
information required by subdivision (A) of this section and paid the business registration
fee as herein required.
Section 6. Section 4.04.230 entitled “Application—Renewal License” is hereby amended as
follows (additions in underlined italics, deletions in strikethrough):
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, upon a form
provided by the Collector, setting forth the information described in Section 4.04.220 of
this chapter.
Section 7. Section 4.04.310 entitled “Collector’s powers—Filing deadline” is hereby amended
as follows (additions in underlined italics, deletions in strikethrough):
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 (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 transaction during the
course of one (1) or more calendar years.
Section 8. Severability. The provisions of this Ordinance are severable and if any provision,
clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to
any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall
not affect or impair any of the remaining provisions, clauses, sentences, sections , words or parts
thereof of the ordinance or their applicability to other persons or circumstances.
Section 9. Effective Date. This Ordinance shall take effect and be in force thirty (30) days
from and after the date of its final adoption.
Section 10. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be
published or posted in the manner required by law.
PASSED, APPROVED AND ADOPTED this 18th day of August, 2020.
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Mayor
ATTEST:
___________________________________
City Clerk
3538017.1