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2009-63 Business License & Registration Program ORDINANCE NO. 2009-63 AN ORDINANCE OF THE COUNCIL OF THE CITY OF MENIFEE ADOPTING CHAPTER 5.01 ESTABLISHING A BUSINESS LICENSE AND REGISTRATION PROGRAM AND REPEALING RIVERSIDE COUNTY ORDINANCE NO. 857 The City Council of the City of Menifee does ordain as follows: Section 1. Chapter 5.01 is added to the Menifee Municipal Code to read as follows: Section 5.01.010 Purpose 5.01.020 Definitions 5.01.030 Business Registration or Business License Required 5.01.040 Exemptions; Filing Claim of Exemption 5.01.050 Evidence of Doing Business 5.01.060 Business Registration by Home Occupation 5.01.070 Business License for All Others 5.01.080 Initial Registration or License; Annual Renewal 5.01.090 Form and Content of Registration or License; Posting 5.01.100 Powers and Duties of City Clerk 5.01.110 Transfer of License 5.01.120 Duplicate License 5.01.130 Acceptance of this Chapter 5.01.140 Compliance with Other Laws and Regulations 5.01.150 License Fees 5.01.160 Regulatory Inspections and Enforcement 5.01.170 Additional Licensing Requirements for Massage Businesses 5.01.180 Appeals 5.01. 190 Unlawful Business 5.01.200 Violation — Penalty 5.01.010 Purpose. The purpose of this Chapter is to provide for necessary regulation of businesses being conducted within the City of Menifee, in order to protect the public health, safety, and welfare of City residents, as follows: (a) This Chapter provides two levels of identification and regulation for almost all businesses operating within the City in order to develop a list of all businesses which may be used by emergency responders and the public; (b) This Chapter provides for initial registration of all home occupations which generally do not trigger regulatory impacts within the community and, in return, offers listing of such businesses within the City if the home business so desires and further addresses those home occupations which require additional inspection or approvals (c) This Chapter provides for business licensing in order to provide for identification and, where warranted, inspection of those businesses which require additional regulation through compliance with Fire Code, water quality and storm water runoff laws and regulations; City of Menifee Ordinance No.2009-63 Business Licenses (d) This Chapter specifically includes business which required additional licensing investigations, such as massages businesses and establishments and others as may be designated from time to time; (d) This Chapter establishes a business license and registration and not a business registration tax. No business registration or license fee charged under the provisions of this ordinance shall be construed as a business license tax. 5.01.020. Definitions. (a) "Business"shall mean and include professions, trades, vocations, enterprises, establishments, occupations, and all and every kind of calling, any of which are conducted, transacted or carried on for the purpose of earning in whole or in part a profit or livelihood, whether or not a profit or livelihood actually is earned thereby, whether paid in money, goods, labor, or otherwise. This definition shall apply to business establishments located within the City that are operated at a fixed physical location and those that are operated on a mobile basis by a mobile-operator as defined herein. (b) "Employee" shall mean either 1) any person engaged or employed by any business which business withholds, or is required to withhold, compensation for the purpose of paying State or Federal taxes as required by the Franchise Tax Board or Internal Revenue Service; or 2) any person who is regarded as the employee of any business for purposes of the Workers Compensation laws of the State of California, including (without limitation) a real estate agent working for, or engaged by, a real estate broker and which business is subject to the provisions of this Chapter. (c) "Home Occupation" means any business conducted in or at a residence or associated accessory building or on residential property, whether or not such home occupation meets the zoning or land use requirements for such business. "Home occupation" as used here specifically includes any outcall service, such as massage, where services are provided off site. (d) "Mobile Operator" shall mean and refer to those businesses that are operated on a mobile basis utilizing a motor vehicle to visit customer locations to conduct business within the City. This term shall include but is not limited to mobile automobile or other motor vehicle washing; pest control services; mobile carpet, drape or furniture cleaning; concrete mixing or cutting; masonry; painting and coating; landscaping; pool and fountain cleaning; and Port-a-Potty or other portable toilet servicing; ice cream or similar mobile food facilities and/or vendors; and taxi cabs, limousines or shuttles (as otherwise allowed by law) (e) "Person" shall mean and include all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, common- law trusts, societies, and individuals conducting, transacting or carrying on any lawful business within the City other than as an employee. (f) "Retail Greenhouses" shall mean and refer to all commercial greenhouses other than those that are licensed by the State of California in the "producer" category to grow and sell nursery stock in the amount of$1,000 or more in one year and that are inspected by the County Agricultural Commissioner pursuant to California Food &Agricultural Code §§ 6701 et seq. and any applicable state regulations promulgated thereto. (g) "Retail Nurseries" shall mean and refer to all commercial nurseries other than those 2 City of Menifee Ordinance No.2009-63 Business Licenses that are licensed by the State of California in the "producer" category to grow and sell nursery stock in the amount of$1,000 or more in one year and that are inspected by the County Agricultural Commissioner pursuant to California Food &Agricultural Code §§ 6701 et seq. and any applicable state regulations promulgated thereto. 5.01.030 Business Registration or Business License Required. (a) Unless otherwise exempt, every person conducting or carrying on a business as defined in this Chapter anywhere in the City shall do one of the following: (a) if the business is a home occupation, register with the City; or (b) if the business is not a home occupation or is a home occupation subject to additional licensing as specified in this Chapter, obtain a business license. (b) File the appropriate forms with the City, pay the applicable fee (including an inspection fee where required). (c) A separate business license shall be obtained for each physical location (including branch establishments) of a business. 5.01.040. Exemptions: Filing Claim of Exemption (a) Exempt businesses: The payment of business license fees contained in this ordinance, including inspection and enforcement, shall not be required for the following exempt businesses as long as a timely claim of exemption is filed with the City. 1. Residential Facilities. Apartments, rooming houses, and other residential facilities in which living units are rented or leased solely on a term of thirty days or longer, residential care homes for adults or children, family day care homes are exempt as provided in this section. 2. Churches, Temples or Other Places of Worship. Churches, temples or other places of worship, to the extent of their use for the exercise of religion. This exemption shall not apply to other activities which are not undertaken for the exercise of religion, including, but not limited to, day schools, social service programs or Church-owned or operated business enterprises. 3. Agriculture. Agricultural activities consisting of the growing of crops, raising of livestock; dairying, including auxiliary and ancillary uses incidental to the operation of a farm or ranch, consisting of the purchase and storage of substances, materials, supplies, animal feeds and produce, and the marketing of farm products; provided however, that a business license shall be required in connection with any of the following: 1) retail nurseries; 2) retail greenhouses; and 3)wholesaling, processing, storage or manufacturing use which involves assembly of the products of multiple farms or ranches by a cooperative or other business enterprise for marketing distribution. 4. Federal or State Law. The provisions of this ordinance shall not be deemed or construed to apply to any person transacting or carrying on any business exempt by virtue of the Constitution or applicable statutes of the United States or of the State of California from the payment of such regulatory business license fees charged pursuant to this ordinance or otherwise exempt from the requirements for licensing hereunder-(i.e. family day care homes). 3 City of Menifee Ordinance No.2009-63 Business Licenses 5. Non-profit Organizations conducting occasional, seasonal or sporadic sales or other business for fund raising purposes where conducted with a temporary use permit or where no temporary use permit is required. 6. Garage and/or yard sales, including, but not limited to, yard, lawn, attic, patio, moving or rummage sales held to sell, exchange, trade or dispose of surplus household or personal goods belonging to those conducting the garage sale on their own residential premises, which sales may not be conducted during more than (4) four 72-hour periods per year. Any sales proposed to occur more frequently will require land use and zoning approval through a temporary use permit (or other permit) as well as a business license. 7. Domestic household help in the employ of an individual homeowner, or baby sitter caring for six or fewer children in total at a given address, including the sitter's own children. 8. Teachers or tutors for the teaching of musical, artistic or educational subjects when the following conditions exist: (1) The teaching is done at the residence of the teacher/tutor, or at the residence of the pupil; and (2) the teacher/tutor employs no assistants, does not display an advertising sign at the residence, and does not make a general practice of selling merchandise in connection with the teaching or tutoring. (b) Claim of exemption: A claim of exemption shall be filed with the City Clerk by an entity claiming to be exempt on a form provided by the City. The claim of exemption shall be rebuttable evidence of exemption. There shall not be a fee for filing such a claim of exemption. Section 5.01.050 Evidence of Doing Business. (a) The following circumstances shall be considered evidence that a person is conducting business in the City: the report by reliable persons that the person is doing business in the City; where any person, by use of any sign, circular, card, brochure, telephone book, magazine, newspaper, website, electronic media or other publication, advertises, holds out or by any other means represents that the person is in business in the City; when any person holds an active license or permit issued by a governmental agency indicating that the person is doing business in the City. (b) Notwithstanding, a person may provide the City Clerk with a sworn statement (acceptable in form to the City) attesting that such person is not doing business in the City, shall be considered rebuttable evidence that the person is not doing business within the City. 5.01.060 Business Registration for Home Occupations (a) An initial application for business registration shall be made by each home occupation. The application shall be made on the form provided by the City, and it shall not be deemed filed until fully and accurately completed. The applicant shall be the person engaging in the home occupation at his/her residence. All applications shall be accompanied by the applicable fees including but not limited to additional fees for late applications or failure to register. (b) The application shall contain the following: 4 City of Menifee Ordinance No.2009-63 Business Licenses (1) The name of the applicant; home business address, telephone number at that address; cell phone number; email and fax (if any); and an emergency contact number different from any of these. (2) If the business is advertised to the public by name or designation other than the name of the applicant, that name or designation and proof of filing of a fictitious business name statement; (3) A detailed description of the nature of the business, including, but not limited to, whether the business is constructed in an accessory structure; whether additional vehicles comes to the residence or are stored at the residence; whether or not the business involves storage of materials anywhere on the property (including outdoors or in an accessory structure); use of any hazardous materials of any kind; whether the business involves outcall services; or whether the business involves mobile food facilities or vending (4) A listing of any and all Federal, State, County and other required permits or licenses, including any contractor's state permit or license number and category; (5) Any other information necessary to determine appropriate regulatory requirements applicable to the business. (6) The signature of the applicant under penalty of perjury that the information provided on the application is true and correct and that the applicant is responsible for all applicable fees. Any subsequent registration shall be deemed null and void if the license application contains any false or misleading information and providing such false information shall be a violation of this Chapter. (c) The information contained on the business registration form shall be reviewed by the City Clerk and other City staff as necessary. Based upon the nature of the home occupation, they may determine that business licensing and the corresponding inspection is necessary rather than business registration. In the event that a home occupation requires a business license, the registration fee paid shall be credited to the license fee and/or inspection deposit. 5.01.070 Business License for All Other Businesses (a) Any non-exempt, non-home occupation business doing business within the City, as well as any home occupation determined to require a license rather than registration due to the nature of the business, shall file an application for a business license utilizing a form provided by the City. The application shall not be deemed filed unless the form has been filled out completely and accurately by the applicant. The applicant shall be the person engaging in the business or such person's duly authorized representative. By signing the application, the applicant agrees to be bound by all provisions of this Chapter, including but not limited to those providing for access for inspections. (b) All applications shall be accompanied by the applicable fees. Additional fees shall be owing for late applications or repeated failure to file for a license. (c) The application shall contain the following: (7) The name, business address, mailing address, telephone numbers (home, 5 City of Menifee Ordinance No.2009-63 Business Licenses business and mobile), email and fax number of the person or entity who will engage in the business (the "applicant"); if different, the name, business and mailing address, telephone number, cell number, email and fax number and after hours emergency; and the person authorized to accept service of process. (8) If the business is advertised to the public by name or designation other than the name of the applicant, that name or designation and proof of filing of a fictitious business name statement; (9) A detailed description of the nature of the business, including, but not limited to, a listing of all Federal, State, County and other required permits or licenses, including any contractor's state permit or license number and category; (10) An assessment of the possible regulatory compliance of the business, including but not limited to questions regarding storage of materials, disposal of materials, fire risk; use of hazardous materials; type of services provided and specifically whether such services include massage, mobile food vending or other businesses which may be determined to have additional regulatory requirements. (11) Any other information necessary to determine appropriate regulatory requirements applicable to the business or deemed necessary by the City; (12) The signature of the applicant or corporate agent acknowledging under penalty of perjury that the information provided on the application is true and correct to the best of that person's knowledge and that the applicant or corporation is responsible for all applicable fees; (c) By signing the application, the applicant and business agree to be bound by all provisions of this chapter, including but not limited to the provisions for inspection. (d) The license shall be deemed null and void if the license application contains any false or misleading information. It shall be considered a violation of this Code, punishable as set out herein, intentionally to give any false or misleading information on the application. 5.01.080 Initial Registration and License; Annual Renewal (a) A business registration or a business license must be obtained by a home occupation or a business before commencing business in the City. (b) A businesses operating in the City on the effective date of this Chapter shall obtain a business license, as applicable, between January 1, 2010 and June 30, 2010. (c) Home occupations operating in the City on the effective date of this Chapter shall register between January 1, 2010 and June 30, 2010. (d) The first registration or business license obtained by a business shall be valid through December 31 of each year no matter what date it was obtained. (e) Thereafter, the registration or business license shall be valid from January 1, through December 31 of each year. 6 City of Menifee Ordinance No.2009-63 Business Licenses (f) The registration or business license shall be renewed annually by the filing of a renewal application on a form provided by the City, accompanied by payment of the appropriate fee, not more than 60 days nor fewer than 20 working days prior to the expiration of the current license. The renewal and fee shall be delinquent after December 31 of each year. (g) The City may send a notice of renewal to each person holding a registration or business license approximately 90 days before December 31 of each year (i.e., by the end of September of each year) ). Any notice shall be mailed to the business address set out in the application and shall remind the person of the requirement to renew his or her registration or business license and how to do so. Failure of the City to send or the person to receive a renewal notice does not waive the renewal requirement. 5.01.080 Form and Content of Registration and License; Posting (a) The registration or business license shall be prepared and issued upon approval by the City Clerk. (b) Each registration license shall state on its face the following: (1) The name of the business or person to whom the registration or license is issued; (2) The location of the business; (3) The date of the issuance of the registration or license; (4) The date of the expiration of the registration or license; (5) The license control number, unique to each license; (6) The official seal of the City; and (7) Such other and further information as the City Council or City Clerk shall deem appropriate. (c) Every business registration or license shall be posted in a conspicuous place upon the premises where such business is conducted and shall be produced in response to a request from the City Clerk, duly authorized law enforcement officers and City code enforcement officers. Mobile operators shall have the license or a copy of it available in their vehicles. 5.01.100 Powers and Duties of City Clerk (a) The City Clerk may enforce the provisions of this Chapter with duly authorized law enforcement officers, Code enforcement or Building and Safety officers. The City Clerk or his/her shall have the authority to enter, examine all places of business within the City and their business license records or business vehicles to confirm compliance with this Chapter. (b) The City Clerk performing the duties under this Chapter shall have access to State and local summary criminal history information in order to fulfill his or her duties. Penal Code Section 432.7, Stats. 1974 and Ch. 1321 shall apply to such information. 7 City of Menifee Ordinance No.2009-63 Business Licenses (c) The City Clerk shall keep a record of all registrations and licenses issued, the term, to whom issued, the location of the business, the amount of the fee paid and any other information as directed by the City Council. 5.01.110 Transfer of Business License. (a) When a registered home occupation is transferred to a new residence of the same applicant within the City, or a licensed business is transferred from one location to another location within the City, the current registration or license may be amended by the City Clerk to authorize the conduct of the business at the new location without an application for transfer or payment of a transfer fee. A home occupation's relocation to a commercial location requires a new application for a business license. (b) Otherwise, application for any transfer or assignment shall be filed on a form provided by the City for that purpose prior to the effective date of the transfer or assignment. The transfer application shall not be deemed filed unless the form has been filled out completely and accurately by the licensee or such person's duly authorized representative and the fee paid. A transfer or assignment may be from one person to another. (c) The application shall be accompanied by a transfer fee in an amount established by resolution of the City Council. Additional fees shall owe for a late application. 5.01.120. Duplicate License. A duplicate registration license may be issued to replace any license issued hereunder which has been lost or destroyed where such license holder submits a statement of such fact and provides payment of a duplicate license fee. 5.01.130 Acceptance of this Chapter By doing business within the City, applying for a business registration or license (and any renewal thereof) each business agrees to be bound by the provisions of this Chapter, to cooperate with the City for enforcement of this Chapter and authorizes the City and its agents and employees to obtain and verify information regarding that business as well as to engage in reasonable inspections and investigations and to provide access there for. 5.01.140 Compliance with Other Laws and Reaulations. (a) The fact that a registration business license has been issued does not authorize or legalize any business or business activity which violates any Federal, State or local governmental statute, ordinance, public or private rule or regulation, or CC&R's, nor shall the issuance of a registration or business license be construed as permitting a home occupation or business in a zone or land use district where such business otherwise is not permitted. (b) In any trade or profession where an additional City, County, State or Federal license or permit is required, such license or permit shall first be exhibited to the City Clerk before a City business license will be issued. Specifically, a mobile food vendor or mobile food facility will be required to comply with County Department of Environmental health Services requirements, including but not limited to County Ordinance No. 580, as it may be amended 8 City of Menifee Ordinance No.2009-63 Business Licenses from time to time. However, the City is not responsible for verifying or confirming the validity of any other license, permit or requirement. (c) A home occupation registration or business license shall not be issued until an applicant has obtained all necessary City land use entitlements or City building permits to operate the business in and at its location. In applying for a building permit or other entitlement for a business, the applicant shall provide the license control number. Notwithstanding, nothing in this Subsection shall preempt any CC&R requirements which must be met separately. 5.01.150 License Fees. The City Council shall set registration and license fees by resolution. In addition, the City Council shall set fees for the fire, NPDES and other regulatory inspections and supplemental licenses (such as massage) for specific businesses. 5.01.160 Regulatory Inspections and Enforcement (a) When the registration or business license application indicates that there may be regulatory issues regarding the home occupation or business (including, but not limited to, the disposal of materials in a manner requiring compliance with NPDES requirements or storage of materials in a manner which may constitute a fire risk)which could impact public health, safety or welfare, the City Clerk shall require the applicant to deposit an additional fee equal to the cost of a regulatory inspection. Such regulatory inspection fees may be collected on an annual basis along with the business license registration fee. The fee shall fund the cost of an annual inspection. If the inspection is not performed within the one year period, the holder of the registration or license may request that the fee be refunded or credited toward the follow year's fees. (b) A building inspector, Code enforcement officer, or peace officer employed by the City may enter free of charge, at any reasonable time, any place of business for which a registration or business license has been granted or which is required by this Chapter. The purpose of such entry shall be to inspect the premises, grounds, facilities and structures located therein for compliance with fire or water quality requirements imposed by the Menifee Municipal Code, the California Water Code §§ 13000 et seq. (Porter-Cologne Water Quality Control Act), Title 33 U.S.C. §§ 1251 et seq. (Clean Water Act) or any applicable state or federal regulations promulgated thereto, and any related administrative orders or permits issued in connection therewith. (c) The City may initiate enforcement actions against registration or business license holders whose business premises are found upon inspection to be in violation of such requirements. In addition to any other costs or penalties, the business license holder shall be liable to the City for the costs of such inspection and subsequent inspections. An annual inspection cost shall be added to such registration or license fee. Any unpaid inspection costs shall be added to fees owning and no registration or license shall be issued until amounts outstanding are paid in full. 5.01.170 Additional License Requirements for Massage Businesses All massage business and establishments, as defined in Chapter 5.45, shall 9 City of Menifee Ordinance No.2009-63 Business Licenses comply with the requirements of that Chapter before obtaining a business license and as a condition of renewal and or continuation of such business license. The City Council by resolution shall set additional, appropriate fees for such massage business licensing. 5.01.180 Appeal A determination under this Chapter may be appealed as set out in Menifee Municipal Code Section 2.04.050. 5.01.190. Unlawful Business. No business license issued pursuant to this ordinance shall be construed as authorizing the conduct of or continuance of any occupation, use or activity of any kind which is prohibited by this Municipal Code, state or federal law or regulation. 5.01.200. Violation - Penalty. A violation of this Chapter is a violation of the Menifee Municipal Code and is an infraction. A violation of this Chapter also constitutes a public nuisance. This Chapter may be enforced by the City by any available means, including, but not limited to, administrative citation or injunction. Section 2. Riverside County Ordinance No. 857 is repealed in its entirety. Section 3. Effective Date: This ordinance shall take effect thirty (30) days after its adoption. PASSED, APPROVED AND ADOPTED this day of , 20091 by the following vote: AYES: AALL (,� NOES: 01�-' ABSENT: ABSTAIN: V L. Wallace W. Edgerton, Mayor ATTEST: j Kathy Bennett, City Clerk Approved as to form: �a� Elizabeth Marlyn, City Attorney 10