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2013-118 Repealing Previous Inconsistent County Ord. Relating to Business Licenses ORDINANCE NO. 2013-118 AN ORDINANCE OF THE CITY OF MENIFEE AMENDING SECTIONS 5.01.030, 5.01.190 AND 5.01.200 OF THE MENIFEE MUNICIPAL CODE RELATING TO BUSINESS LICENSES AND REPEALING ALL PREVIOUSLY ADOPTED COUNTY OF RIVERSIDE ORDINANCES THAT ARE INCONSISTENT WITH THIS ORDINANCE The City Council of the City of Menifee ordains as follows: SECTION 1. Chapter 5, Section 5.01.030 of the Menifee Municipal Code is hereby amended to read in its entirety as follows: " 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 conform to all provisions of the Menifee Municipal Code, including without limitation conformity with the Menifee General Plan and zoning ordinance. and do one of the following: (1) If the business is a home occupation, register with the city; or (2) 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." SECTION 2. Chapter 5, Section 5.01.190 of the Menifee Municipal Code is hereby amended to read in its entirety as follows: "5.01.190 Unlawful Business. No business license issued pursuant to this chapter 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 or the Menifee General Plan or zoning ordinance or any state or federal law or regulation." SECTION 3. Chapter 5, Section 5.01.200 of the Menifee Municipal Code is hereby amended to read in its entirety as follows: City of Menifee Ordinance No. 2013 Business Licenses-amendment "§ 5.01.200 Violation; Penalty. A violation of this chapter is a violation of the Menifee Municipal Code and is subject to the penalty provisions set forth in Section 1.01.220 of the Menifee Municipal Code. A violation of this chapter also constitutes a public nuisance under the provisions of Section 1.01.250. This chapter may be enforced by the city by any available means, including, but not limited to criminal prosecution, administrative citation or injunction." SECTION 4. This ordinance repeals, supersede and substitutes for any previously enacted ordinance that is inconsistent with its terms including, without limitation the provisions of any ordinance adopted by reference from the County of Riverside Code upon incorporation of the City of Menifee. SECTION 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases or portions might be declared invalid or unconstitutional. SECTION 6. This ordinance shall be effective 30 days from the date of its enactment. PASSED, APPROVED ADOPTED this 19'h day of Mar 13. Scott A. Mann, Mayor Approved as to Form: ulie Haywcfrd SWgs, City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KATHY BENNETT, City Clerk of the City of Menifee, do hereby attest to and certify the attached Ordinance No. 2013-118 to be the original ordinance adopted by the City Council of the City of Menifee on March 19, 2013 and that said ordinance was published in accordance with the law. Date: ���� � Malat Ka y 8ennett, City Clerk NIF` Scott A.Mann Mayor Wallace W.Edgerton STATE OF CALIFORNIA ) Deputy Mayor COUNTY OF RIVERSIDE ) ss John V.Denver CITY OF MENIFEE ) Councilmember I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the Thomas Fuhrman foregoing Ordinance No. 2013-118 was duly adopted by the City Council of the Councilmember City of Menifee at a meeting thereof held on the 19'" day of March 2013 by the Greg August following vote: Councilmember Ayes: August, Denver, Edgerton, Fuhrman, Mann Noes: None Absent: None j Abstain: None Kathy ,ennettCit Clerk Y 29714 Haun Road Menifee,CA 92586 Phone 951.672.6777 Fax 951.6793843 www.dtyofinenifee.us