HomeMy WebLinkAboutOrd 10-90 Registering Business ORDINANCE NO. 10 - 90
ORDINANCE OF THE CITY OF DUBLIN
REGISTERING BUSINESSES
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN as
follows:
Section 1. This Chapter is enacted to register businesses,
trades, occupations and professions in the City of Dublin solely
for the Purpose of regulation and is enacted pursuant to Business
& Professions Code §§ 460 and 16000 and California Constitution
Article XI, § 7.
Section 2. Definitions.
For the purposes of this Ordinance, the following
definitions shall apply:
(a) "Business" means and includes professions, trades and
occupations, and all and every kind of calling, whether
or not carried on for profit.
(b) "City" means the City of Dublin, a municipal
corporation of the State of California.
(c) "Collector" means the Finance Director or any other
person the City Manager may designate to administer the
business registration program.
(d) "Engaging in business" means commencing, conducting or
continuing in business, and also the exercise of
corporate or franchise powers, as well as liquidating a
business when the liquidators thereof hold themselves
out to the public as conducting such business.
(e) "Person" and "Persons" means and includes all domestic
and foreign corporations, associations, syndicates,
joint stock corporations, partnerships of every kind,
clubs, trusts, societies and individuals acting and
carrying on any business in the city, other than as an
employee.
(f)
"Sworn statement" means an affidavit sworn to before a
person authorized to take oaths, or a declaration or
certificate under penalty of perjury.
Section 3. Registration Fees--Limitations On Effect of
License.
The terms "license" and "registration," as used herein,
shall not be construed to mean a permit. The fees prescribed by
Section 21 of this Ordinance do not constitute a tax for revenue
purposes, but are regulatory fees. The payment of a business
registration fee required by this Ordinance and its acceptance by
the City, and the issuance of such license to any person, shall
not entitle the holder thereof to carry on any business unless he
or she has complied with all of the requirements of this
Ordinance and all other applicable laws, nor to carry on any
business in any building or any premises designated in such
license in the event that such building or premises are situated
in a zone or locality in which the conduct of such business is in
violation of any law.
Section 4. Provisions Not exclusive.
Persons required to pay a business registration fee for
transacting and carrying on any business under this Ordinance
shall not be relieved from the payment of any license fee or
permit for the privilege of doing such business.required under
any other Ordinance of the City, and shall remain subject to the
regulatory provisions of other Ordinances.
Section 5.
(a)
Business Registration Fee Required, Exceptions.
There are hereby imposed upon the businesses, trades,
professions, calling and occupations specified in this
Ordinance business registration fees in the amounts set
forth in Section 25. It is unlawful for any person to
transact, carry on and/or engage in any business,
trade, profession, calling or occupation in the City
(b)
withOut first having procured a license from the city
to do so and paying the prescribed business
registration fee, and without complying with any and
all applicable provisions of this Ordinance.
This Section shall not be construed to require any
person to obtain a license prior to doing business
within the City if such requirement conflicts with
applicable statutes of the United States or of the
State of California. Persons not so required to obtain
a license prior to doing business within the City
nevertheless are encouraged to comply with the
reporting requirements of this Ordinance as set forth
in Section 22.
Section 6. Exemptions--Generally.
Any person claiming an exemption to Sections 7 through 18
shall file a sworn statement with the Collector stating the facts
upon which exemption is claimed, and in the absence of such
statement substantiating the claim, such person shall be liable
for the payment of the fees imposed by this Ordinance.
Section 7. Exemptions--Agriculture.
The provisions of this Ordinance shall not require the
payment of a business registration fee on the business of
agriculture, except for the retail activities conducted in
connection therewith.
Section 8. Exemptions -- Attorneys.
The provisions of this Ordinance shall not apply to any
natural person licensed to practice law in the State of
California.
Section 9. Exemptions -- Banks
The provisions of this Ordinance shall not apply to any
State or national bank which pays an "in lieu" tax provided for
in Article 13, section 27 of the California Constitution.
Section 10. Exemptions--Benefit Activities.
The provisions of this Ordinance shall not require the
payment of a business registration fee for the conducting of any
entertainment, concert, exhibition or lecture on scientific,
historical, literary, benevolent or moral subjects within the
City whenever all the gross receipts of any such entertainment,
concert, exhibition or lecture are to be appropriated to any
church or school, or to any benevolent purpose within the City.
Section 11. Exemptions--Charitable Purposes.
The provisions of this Ordinance shall not require the
payment of a business registration fee to conduct, manage or
carry on any business, occupation or activity by any organization
which qualifies for tax exemption under Internal Revenue Code
§ 501(c).
Section 12. Exemptions--Disabled Veterans.
Any veteran who is unable to obtain a livelihood by manual
labor due to any physical disability may obtain a license to hawk
or peddle any goods, wares or merchandise without payment of any
business registration fee, by applying to the Collector and
producing a certificate from a duly licensed physician showing
the applicant to be physically disabled, evidence of being a
legal voter of the State, and a copy of an honorable discharge.
Section 13. Exemptions--Federal and State Entities.
Nothing in this Ordinance shall be deemed or construed to
apply to any person transacting and carrying on any business on
behalf of any agency, department or political subdivision of the
United States or of the State of California.
Section 14. Exemptions -- Insurance Companies
The provisions of this Ordinance shall not apply to any
insurer which pays an "in lieu" tax provided for in Article 13,
section 28 of the California Constitution. As used herein,
"insurer" does not include insurance brokers.
Section 15. Exemptions--Inter-City Freight Carriers.
The provisions of this Ordinance shall not apply to inter-
city freight carriers who are paying an in-lieu tax to the state
under the Highway Carriers Uniform Business License Tax Act;
provided, however, this exemption shall not be deemed to prohibit
the levying of any excise or license tax authorized pursuant to
Division 2 of the Revenue and Taxation Code of the state.
Section 16. Exemptions--Nonprofit Activities..,
(a) The provisions of this Ordinance shall not require the
payment of a business registration fee for the
conducting of any entertainment, dance, concert,
exhibition or lecture by any benevolent, charitable,
fraternal, educational, military, state, county or
municipal organization or association whenever the
receipts of any such entertainment, dance, concert,
exhibition or lecture are to be appropriated for the
purpose and objects for which such organization or
association was formed and from which profit is not
derived, either directly or indirectly, by an
individual.
(b) No license under this Ordinance shall be required of
any nonprofit institution, corporation, organization,
or association organized or conducted for nonprofit
purposes only, when the receipts derived are to be
wholly for the benefit of such organization and not in
whole or in part for the private gain of any person.
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This exemption shall not apply to promoters employed by
such nonprofit institutions, corporations,
organizations or associations.
Section 17. Exemptions--Part-time Occupations.
The provisions of this Ordinance shall not apply to any
natural person under the age of eighteen or over the age of
sixty-five engaged in any part-time occupation, or any person who
performs manual labor only, on an hourly or other time basis, and
who furnishes only such tools and incidentals as may be required
in the performance of such manual labor.
Section 18. Exemptions -- Miscellaneous
The provisions of this Ordinance shall not apply to the
following:
(a) Cafe musicians, as defined in Business and Professions
Code section 16000.5.
(b) Commercial travelers, as defined and described in
Business and Professions Code section 16002.
(c) Real estate auctioneers, as defined and described in
Business and Professions Code section 16002.1.
(d) Persons renting, leasing or operating laundry equipment
which is not coin-operated laundry equipment owned and operated
by a retail establishment providing coin-operated laundry
equipment for general public use.
(e) Persons renting, leasing, or operating coin-operated
vending machines.
Section 19. Evidence of Doinq Business.
When any person makes use of signs, circular, cards,
telephone books or newspapers, and advertises, holds out or
represents that he or she is in business in the City, or when any
person holds an active license or permit issued by a governmental
agency indicating that he or she is in business in the city, and
such person fails to deny by a sworn statement given to the
Collector that he or she is conducting a business in the City,
after being requested to do so by the Collector, then these
facts shall be considered prima facie evidence that he or she is
conducting a business in the City.
Section 20. Branch Establishments--Separate Licenses.
A separate license must be obtained for each branch
establishment or location of the business transacted and carried
on, and for each separate type of business at the same location,
and each license shall authorize the licensee to transact and
carry on only the business licensed thereby at the location or in
the manner designated in such license; provided, that warehouses
and distributing plants used in connection with and incidental to
a business licensed under the provisions of this Ordinance shall
not be deemed to be separate places of business or branch
establishments.
Section 21. License--Contents--Issuance Conditions.
Every person required to have a license under the provisions
of this Ordinance shall make application as hereinafter
prescribed for the same to the Collector, and upon the payment of
the prescribed business registration fee, the Collector shall
issue to such person a license, which shall contain the following
information:
('a)
(b)
(c)
(d)
(e)
The name of the person to whom the license is issued;
The name of the business licensed;
The place where such business is to be transacted and
carried on;
The date of the expiration of such license; and
Such other information as may be necessary for the
enforcement of the provisions of this Ordinance.
Section 22. Application--First License.
(a) Upon a person making application for the first license
to be issued under this Ordinance, or for a newly
(b)
established business, such person shall furnish to the
Collector a sworn statement, upon a form provided by
the Collector, setting forth the following information:
1. The exact nature or kind of business for which a
license is requested;
2. The place where such business is to be carried on,
and if the same is not to be carried on at any
permanent place of business, the places of
residence of the owners of same;
3. In the event that application is made for issuance
of a license to a person doing business under a
fictitious name, the application shall set forth
the names and places of business of those owning
the business;
4. In the event that the application is made for the
issuance of a license to a corporation or a
partnership, the application shall set forth the
names and places of business of the officers or
partners thereof;
5. For established and operating business: the daily
average number of employees employed in
furtherance of the business being licensed during
the ninety (90) day period preceding the date of
application. For new businesseS: the daily
average number of employees anticipated to be
employed to conduct the business during the ninety
(90) day period following the date of the
application.
6. Any further information which the Collector may
require to enable him or her to issue the license.
The Collector shall not issue to any such person
another license for the same or any other business
until such person shall have furnished to him or her
the sworn statement and paid the business registration
fee as herein required.
Section 23. Application--Renewal License...
The applicant for the renewal of a license shall submit to
the Collector, on or before October 1 of each year the correct
amount of fee and a sworn statement setting forth the information
in Section 22 of this Ordinance.
Section 2~. Payment--Time and Method..
Unless otherwise specifically provided, all annual business
registration fees under the provisions of this Ordinance shall be
due and payable in advance on the first day of October of each
year.
Section 25. Business Registration Fees...
The business registration fees, which are found to be
commensurate with the cost of issuance of the license, are as
follows'
·
General Business
Itinerant Business
Temporary Places of Sale
$ 5O
$- 10 per day *
$ 10 per day
· Limited to a maximum fee of $50.00 per calendar year
Section 2~. Proration of Registration Fee...
In the event that a license is issued hereunder for a period
of time less than a full calendar year, the amount of the
registration fee shall be prorated on a monthly basis for the
number of full months remaining until the annual registration fee
is due pursuant to Section 24.
Section 2!. Denial of License--Grounds...
A license or renewal of a license may be denied for any of
the following causes:
(a) The application is not on the form provided, or does
not contain the required information;
(b) The application contains materially false information;
(c) Noncompliance with requirements of this ordinance;
(d)
(e)
(f)
(g)
(h)
The vehicle to be used in the business is inadequate or
unsafe for the purpose for which it is to be used, or
the building or structure where the business is located
does not comply with all laws;
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;
Appropriate permits for the business have not been
obtained from the City;
The conduct of the business or activity will be
contrary to law; or
The conduct of the business or activity will interfere
with the preservation of the public peace, health,
safety or welfare of the public.
Section 28. Transferability--Change of Ownership.or Location.
No license issued pursuant to this Ordinance shall be
transferable; provided, that where a license is issued
authorizing a person to transact and carry on a business at a
particular place, such licensee may, upon application therefore
and paying a fee of $50.00, have the license amended to authorize
the transacting and carrying on of such business under the
license at some other location to which the business is or is to
be moved. Provided further, that transfer, whether by sale or
otherwise, to another person under such circumstances that the
real or ultimate ownership after the transfer is substantially
similar to the ownership existing before the transfer, shall not
be prohibited by this Section, provided application is made for
transfer of the license and a fee in the amount of $25.00 is paid
to the Collector.
Section 29. Duplicate License.
A duplicate license may be issued by the Collector to
replace any license previously issued hereunder which has been
lost or destroyed, upon the licensee filing a statement of such
fact, and at the time of filing such statement paying to the
Collector a duplicate license fee of $25.00.
Section 30.
(a)
(b)
Posting and Display of Licenses.
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.
Any licensee transacting and carrying on business
but not operating at a fixed place of business in
the City shall keep the license upon his or.her
person or in the vehicle used for the business at
all times while transacting and carrying on the
business for which it is issued.
Section 31.
(a)
(b)
Collector's Powers--Filinq Deadline.
In addition to all other power conferred upon him,
the Collector shall have the power, for good cause
shown, to extend the time for filing any required
sworn statement or application for a period not
exceeding thirty days, and in such case to waive
any penalty that would otherwise have accrued.
For the purposes of regulation under this
Ordinance, the Collector shall also have the power
to determine whether or not a person is engaged in
business in the City when such question arises as
a result of an occasional or a single isolated
transaction during the course of one or more
calendar years.
Section 32. Business Registration Fee--Penalty.
A penalty in the amount of 7% compounded monthly of any
delinquent business registration fee shall accrue on the 30th day
following the due date of any business registration~fee, up to a
maximum penalty equal to the amount of the business registration
fee. The amount of any business registration fee and penalty
imposed by the provisions of this Ordinance shall be deemed a
debt to the city. An action may be commenced in the name of the
City in any court of competent jurisdiction for collection of
such amounts.
Section 33. Doing Business without License Does Not Waive
~equirements.
The conviction and punishment of any person for transacting
any business without a license shall not excuse or exempt such
person from the payment of any fee due or unpaid at the time of
such conviction, and nothing herein shall prevent a criminal
prosecution of any violation of the provisions of this Ordinance.
Section 34..
(a)
(b)
(c)
Enforcement Authority--Inspection of Premises.
It shall be the duty of the Collector, and he or
she is hereby directed, to enforce each and all of
the provisions of this Ordinance, and the zoning
investigator shall render such assistance in the
enforcement hereof as may from time to 'time be
required by the Collector.
The Collector, in the exercise of the duties
imposed upon him or her hereunder, and acting
through his or her deputies or duly authorized
assistants, shall examine or cause to be examined
all places of business in the City to ascertain
whether the provisions of this Ordinance have been
complied with.
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
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required to be licensed herein, and demand an
exhibition of its license. Any person having such
license theretofore issued, in his or her
possession or under control, who wilfully fails to
exhibit the same on demand, is guilty of an
infraction, and subject to the penalties provided
for by the provisions of this Ordinance.
Section 35. Appeal Procedure.
Any person aggrieved by any decision of the Collector with
respect to the issuance or refusal to issue such license may
appeal to the City Manager pursuant to the provisions of Section
7 of Ordinance No. 21-86.
Section 36. Violations - Infraction.
Violation of the provisions of this Ordinance shall be an
infraction.
Section 37. Violation--Remedies Cumulative.
All remedies prescribed hereunder shall be cumulative and
the use of one or more remedies by the City shall not bar the use
of any other remedy for the purpose of enforcing the provisions
hereof.
Section 38. Severability.
Should any provision, section, paragraph, sentence or word
of this Ordinance be rendered or declared invalid by any final
' i
court action in a court of competent ]ur sdiction, or by reason
of any preemptive legislation, the remaining provisions,
sections, paragraphs, sentences and words of this Ordinance shall
remain in full force and effect.
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Section 39. First License Required By October 1, 1990.
Notwithstanding the provisions of paragraphs 24 and 26, no
license shall be required hereunder and no business registration
fee shall be due until October 1, 1990.
Section 40. Effective Date & Posting.
This Ordinance shall take effect and be in force thirty (30)
days from and after the date of its passage. The City Clerk of
the City of Dublin shall cause this Ordinance to be posted in at
least three (3) public places in the City of Dublin in accordance
with Section 36933 of the Government'Code of the State of
California.
PASSED, APPROVED AND ADOPTED this 25th day of June
1990, by the following vote:
AYES: Councilmembers Hegarty, Jeffery, Snyder, Vonheeder, and
Mayor Moffatt
NOES: None.
ABSENT: None.
ATTEST:
mnrw\ 114\o rd\bus- reg2. ehs
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