HomeMy WebLinkAbout5.2 Amending Section 4.04 of the Dublin Municipal Code Related to Business Registration
STAFF REPORT
CITY COUNCIL
Page 1 of 2
Agenda Item 5.2
DATE: July 15, 2025
TO: Honorable Mayor and City Councilmembers
FROM: Colleen Tribby, City Manager
SUBJECT:
Second Reading of an Ordinance Amending Chapter 4.04 (Business
Registration) of the Dublin Municipal Code
Prepared by: Felicia Escover, Economic Development Manager
EXECUTIVE SUMMARY:
The City Council will consider adopting an Ordinance amending Dublin Municipal Code
Chapter 4.04, which governs the City’s business registration program. These updates are
intended to improve clarity, enhance operational efficiency, and support a better customer
experience for businesses. The City Council waived the first reading and introduced the
Ordinance on June 17, 2025, and is now being asked to waive the second reading and adopt
the Ordinance.
STAFF RECOMMENDATION:
Waive the second reading and adopt the Ordinance Amending Section 4.04 of the Dublin
Municipal Code, Related to Business Registration.
FINANCIAL IMPACT:
None.
DESCRIPTION:
Background
On June 17, 2025, the City Council waived the reading and introduced an ordinance
(Attachment 1) to amend Chapter 4.04 of the Dublin Municipal Code. The proposed ordinance
updates to Chapter 4.04 of the Dublin Municipal Code are part of a broader effort to modernize
and streamline the City’s Business Registration Program. These changes align with the City
Council’s adopted Economic Development Strategy and follow the transition to a new business
license software platform administered by HdL Companies.
Following a comparative review of other jurisdictions and input from HdL, the ordinance
amendments aim to:
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Transition to an anniversary-based renewal cycle.
Maintain full annual fees regardless of registration date.
Implement a simplified, flat penalty structure.
Clarify and limit exemption categories to those required by law.
Additional revisions proposed by Staff include updated definitions, expanded enforcement
provisions, and clearer processes for revocation and amendments. Together, these updates
are intended to improve clarity, consistency, and ease of administration, while supporting a
more business-friendly environment. If adopted, Staff will implement the changes in
coordination with HdL, update related procedures and materials, and notify impacted
businesses to ensure a smooth transition.
STRATEGIC PLAN INITIATIVE:
Strategy 1: Economic Development, Small Business Support, and Downtown Dublin .
Objective A: Support the implementation of the 2024 Economic Development Strategy,
including pursuing growth industries.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Ordinance Amending Section 4.04 of the Dublin Municipal Code, Related to Business
Registration
2) Exhibit A to the Ordinance – Amendments to Section 4.04 of the Dublin Municipal Code,
Related to Business Registration
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Attachment 1
Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 1 of 2
ORDINANCE NO. XX – 25
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDING SECTION 4.04 OF THE DUBLIN MUNICIPAL CODE, RELATED TO BUSINESS
REGISTRATION
WHEREAS, the City of Dublin requires all businesses operating within its jurisdiction to
register in accordance with Chapter 4.04 of the Dublin Municipal Code; and
WHEREAS, the City administers its Business Registration Program through the Office of
Economic Development, including registrations for commercial businesses, home occupations ,
massage establishments, and out-of-city businesses operating within Dublin; and
WHEREAS, on February 18, 2025, the City Council approved a Contractor Services
Agreement with Hinderliter de Llamas & Associates (HdL ) for business license software and
administration services to replace the Energov Permitting and Licensing (EP&L) system, which
had presented administrative and user experience challenges; and
WHEREAS, City staff and HdL conducted a comprehensive review of Dublin Municipal
Code Chapter 4.04 to identify policy updates and process improvements that align with the City's
new software system, modernize operations, and enhance service delivery; and
WHEREAS, the recommended amendments improve clarity, increase operational
efficiency, and align the business registration program with best practices used in other
jurisdictions; and
WHEREAS, the proposed amendments are consistent with Goal 6 of the City Council -
adopted Economic Development Strategy to strengthen startup and growth opportunities for small
businesses by pursuing improvements to City processes.
NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows:
Section 1. Chapter 4.04 of the Dublin Municipal Code is hereby amended to revise the
City’s Business Registration requirements as shown in Exhibit A.
Section 2. Effective Date. This Ordinance shall take effect and be enforced 30 days
following its final adoption.
Section 3. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be
posted in at least three public places in the City of Dublin in accordance with Section 36933 of the
Government Code of the State of California.
[Signatures on the following page]
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Ord. No. XX-25, Item X.X, Adopted XX/XX/2025 Page 2 of 2
PASSED, APPROVED AND ADOPTED this 15th day of July 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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Dublin Municipal Code
Chapter 4.04 BUSINESS REGISTRATION
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Chapter 4.04
BUSINESS REGISTRATION
Sections:
4.04.010 Purpose—Authority.
4.04.020 Definitions.
4.04.030 Registration fees—Limitations on effect of license.
4.04.040 Provisions not exclusive.
4.04.050 Business registration fee required —Exceptions.
4.04.060 Exemptions—Generally.
4.04.190 Evidence of doing business.
4.04.200 Branch establishments—Separate licenses.
4.04.205 Master license—Festival organizers.
4.04.210 License—Contents—Issuance conditions.
4.04.220 Application—First license.
4.04.225 Application—Amendments.
4.04.230 Application—Renewal license.
4.04.240 Payment—Time and method.
4.04.250 Business registration fee.
4.04.270 Denial and Revocation of license—Grounds.
4.04.280 Transferability—Change of ownership or location.
4.04.300 Posting and display of licenses.
4.04.310 Collector’s powers—Filing deadline.
4.04.320 Business registration fee—Penalty.
4.04.330 Doing business without license does not waive requirements.
4.04.340 Enforcement authority—Inspection of premises.
4.04.350 Appeal procedure.
4.04.360 Violations—Infraction.
4.04.370 Violation—Remedies cumulative.
4.04.380 First license required by October 1, 199 0.
4.04.010 Purpose—Authority.
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 and Professions Code Sections 460 and 16000 an d
California Constitution Article XI, Section 7. (Ord. 10-90 § 1)
4.04.020 Definitions.
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 ca lling, 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
Attachment 2
Exhibit A to the Ordinance
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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. (Ord. 11 -20 § 2: Ord. 10-98 § 1; Ord. 10-90 § 2)
4.04.030 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 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 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 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 § 3)
4.04.040 Provisions not exclusive.
Persons required to pay a business registration 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 § 4)
4.04.050 Business registration fee required—Exceptions.
A. There are imposed upon the businesses, trades, professions, calling and occupations specified in this chapter
business registration 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 registration 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 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 chapter as set forth in Section 4.04.220. (Ord. 10 -90 § 5)
4.04.060 Exemptions—Generally.
A. Any person claiming an exemption shall 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. (Ord. 11-20 § 3: Ord. 10-90 § 6)
B. Any business that is exempt from business license fees or local regulatory licensing under federal or state law
shall be exempt from local business registration fees that would otherwise apply under this program.
4.04.190 Evidence of doing business.
When any person makes use of signs, circulars, cards, telephone books or newspapers, websites, social media
platforms, and advertises, holds out or represents that he or she is in busi ness 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 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. (Ord. 11-20 § 4: Ord. 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 incidental to a business licensed under
the provisions of this chapter shall not be deemed to be separate places of business or branch establishments, and
provided further that only one (1) 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. (Ord. 12 -91 § 2)
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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. (Ord. 10-98 § 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 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 chapter. (Ord. 10 -90 §
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, 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, along with all required documentation confirming approval to
operate at that site, and if the business is not to be conducted at a permanent place of business, the residential
addresses of the business owners shall also be provided;
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 businesses: 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 l icense for the same or any other business until such
person has furnished to him or her the information required by subsection A of this section and paid the business
registration fee as herein required. (Ord. 11-20 § 5: Ord. 10-98 § 3; Ord. 10-90 § 22)
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4.04.225 Application—Amendments.
A. If any information provided in the application filed with the city changes, or if the business ceases operations,
the applicant shall report these changes to the city within seven days of such changes or cessation..
B. Amendments shall not be used to change the business location or ownership. Any such changes must follow the
procedures outlined in Section 4.04.280.
4.04.230 Application—Renewal license.
A. The applicant for the renewal of a license shall submit to the Collector, on or before the expiration date of the
license, the applicable renewal fee and, on a form provided by the Collector, the information described in Section
4.04.220. (Ord. 11-20 § 6: Ord. 10-90 § 23)
B. All licenses shall be valid through the last day of the month preceding the one -year anniversary of the date of
issuance, unless revoked, suspended, or otherwise subject to a different expiration period under the terms of the
individual license.
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. 10 -90 § 24)
4.04.250 Business registration fee.
The business registration fees, which are found to be commensurate with the cost of issuance of the license, shall be
as fixed by the City Council by resolution. (Ord. 2-18 § 1(A): Ord. 10-98 § 4: Ord. 10-90 § 25)
4.04.270 Denial and Revocation of license—Grounds.
A business license may be denied or revoked by the Collector for any of the following causes:
A. The application is incomplete, not submitted on the required form, or contains materially false information;
B. The applicant or licensee has failed to comply with the requirements of this chapter or other applicable
provisions of the Dublin Municipal Code, including but not limited to zoning, land use, or building regulations ;
C. The business premises or associated vehicle is unsafe, inadequate, or noncompliant with applicable laws or
codes;
D. The applicant or licensee has outstanding administrative citations or unresolved code violations;
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. Required permits from the City or other agencies have not been obtained ; or
G. The proposed or ongoing business activity violates local, state, or federal law or will interfere with the
preservation of the public peace, health, safety or welfare of the public. (Ord. 10 -90 § 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 particular place, such licensee may, upon application therefor, 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 to the Collector in an amount as fixed by the City Co uncil by resolution. (Ord. 2-18
§ 1(C): Ord. 12-91 § 3; Ord. 10-90 § 28)
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.
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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. (Ord. 10 -90 § 30)
4.04.310 Collector’s powers—Filing deadline.
A. In addition to all other power conferred upon him, the Collector shall have the power, for goo d cause shown, to
extend the time for filing any required 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. (Ord. 11 -20 § 7: Ord. 10-90 § 31)
4.04.320 Business registration fee—Penalty.
A. A penalty of twenty-five percent (25%) of the unpaid business registration fee shall be added for each month or
portion thereof that the fee remains unpaid, beginning thirty (30) days after the license’s expiration date. Penalties
shall continue to accrue monthly at this rate, up to a maximum total penalty equal to one hundred percent (100%) of
the original registration fee.
B. In addition, on the first day of each month that the registration fee remains unpaid, interest in the amount of
1.5% of the delinquent amount excluding penalties and previously accrued interest shall be added to the amount due.
C. The amount of any business registration fee and penalty imposed by the provisio ns 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
appropriate. 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)
4.04.330 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 provisions of this chapter. (Ord. 10 -90 § 33)
4.04.340 Enforcement authority—Inspection of premises.
A. It shall be the duty of the Collector, and they are hereby directed, to enforce each and all of the provisions of
this chapter, and Collector or designees 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 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 their designees and peace officers 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 license. Any person having such license theretofore
issued, in his or her possession or under control, who willfully fails to exhibit the same on demand, is guilty of an
infraction, and subject to the penalties provided for by the provisions of this c hapter. (Ord. 12-91 § 5; Ord. 10-90 §
34)
4.04.350 Appeal procedure.
Any person aggrieved by any decision of the Collector with respect to the issuance, refusal, or revocation of such
license may appeal to the City Manager pursuant to the provisions of Section 1.04.050 of this code. (Ord. 10-90 §
35)
4.04.360 Violations—Infraction.
Violation of the provisions of this chapter shall be an infraction. Upon determination by the Collector or any other
city enforcement officer that a violation of this chapter has taken place, the officer is authorized to issue an
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administrative citation that may result in administrative fines in accordance with Chapter 1.06 of the Dublin
Municipal Code. (Ord. 10-90 § 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 enforcing the provisions hereof. (Ord. 10 -90 § 37)
4.04.380 First license required by October 1, 1990.
Notwithstanding the provisions of Sections 4.04.240 and 4.04.260, no license shall be required under this chapter
and no business registration fee shall be due until October 1, 1990. (Ord. 10 -90 § 39)
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