2013-124 Business License Amendments ORDINANCE NO. 2013-124
AN ORDINANCE OF THE CITY OF MENIFEE
AMENDING SECTION 5.01.080, ADDING SECTION
5.01.165 AND AMENDING SECTION 5.01.200 OF
THE MENIFEE MUNICIPAL CODE RELATING TO
BUSINESS LICENSES
The City Council of the City of Menifee ordains as follows:
SECTION 1. New subsections (H), (1), (J), (K) and (L) are hereby added to Section
5.01.080 of the Menifee Municipal Code to read in their entirety as follows:
"(H) Except as provided in Section 5.01.165, no business registration or
business license shall be issued or renewed for any business as defined in
this chapter unless the business or business premises conforms with all
provisions of the Menifee Municipal Code. Businesses that were in
compliance with all applicable regulations of Riverside County on or before
October 1, 2008, are deemed to be in compliance with the Menifee
Municipal Code until or unless the business changes, is transferred to a
new owner, expands or abandons its legal non-conforming operations.
(1) All applications for business registration or a business license issuance or
renewal, shall be submitted to each affected department for comment and
determination of compliance with applicable requirements of state law or
the Menifee Municipal Code.
(J) The applicant shall obtain all required clearances, licenses and permits from
each department for any application for a business registration or business
license that includes a proposed business activity for which other,
clearance permit or license requirements apply under the Menifee
Municipal Code.
(K) Applicant shall submit payment in full of all applicable fees including, without
limitation, inspection fees for processing a business registration or a
business license at the time the application is submitted. Receipt of
payment for a business registration or business license application does not
constitute a commitment by the city to issue of any license or registration of
the business without full compliance with all applicable provisions of the
Menifee Municipal Code. In the event that the applicant cannot obtain all
necessary clearances, licenses or permits required by the city within 90
days of the date the application is filed, all fees paid shall be applied by the
city to cover the cost of processing the application. Any remaining
unapplied funds shall be refunded to the applicant.
(L) The city shall not be bound by the mistake of any officer or employee of the
city in issuing a license or approving registration contrary to the terms of
this chapter."
Ordinance No. 2013-124
Business License Ordinance revisions
SECTION 2. A new Section 5.01.165 is hereby added to the Menifee Municipal Code
to read in its entirety as follows:
"§ 5.01.165 PROVISIONAL REGISTRATION AND LICENSE PENDING
ENFORCEMENT ACTION.
(A) Whenever the city has initiated an enforcement action to compel
compliance with provisions of the Menifee Municipal Code, either by
administrative citation, civil action or criminal prosecution of an operating
business within the city, all cited business operations shall immediately
cease and desist unless a provisional business registration or license is
applied for by the business owner and issued by the city.
(B) The city may issue a provisional business registration or license only
when a business has been continuously conducted or carried on in a
manner that violates current provisions of the Menifee Municipal Code for
a period of more than two years prior to October 1, 2008 and where no
prior enforcement action has been initiated by the County of Riverside
under previously existing provisions of the Riverside County Code.
(C) All provisional business registrations or licenses issued in accord with this
section shall terminate no later than December 31, 2015.
(D) The city may only issue a provisional business registration or business
license once to any business and only under the following conditions:
(1) the existing business operations pose no hazard or significant risk of
harm to the applicant's customers or employees.
(2) the applicant must enter into a settlement agreement with the city
acknowledging all violations that have been noticed, cited or prosecuted
and agreeing to cure such violations within one year from the date of
settlement; and
(3) the applicant concurrently submits with the settlement agreement
plans and a schedule agreed upon by the city for the improvements to be
made to bring the business into full compliance; and
(4) the applicant concurrently submits with the settlement agreement or
contained within it an agreement to indemnify and hold the City of
Menifee harmless from any liability or harm that may result from
permitting the business to continue to operate pending correction of the
identified code violations related to the business; and
(5) the applicant concurrently provides security acceptable to the city in
an amount equal to 150% of the estimated cost of correcting the identified
code violations, which security may include but is not limited to being
evidenced by a bond, letter of credit or lien in lieu of security on the
property; and
Ordinance No. 2013-124
Business License Ordinance revisions
E) Businesses granted a provisional business registration or license must be
brought into conformity with all city regulations no later than December
31, 2015. During this provisional period, all City fees required to achieve
compliance shall be reduced for businesses subject to this section to 50%
of the fees charged other applicants.
SECTION 3. Section 5.01.200 is hereby amended to read in its entirety as follows:
"A violation of this chapter is a violation of the Menifee Municipal Code and is
subject to enforcement by any available means under the provisions of Title 1 of
the Menifee Municipal Code including without limitation administrative citation,
injunction, civil action or criminal prosecution as a misdemeanor or infraction."
SECTION 4. 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 5. This ordinance shall be effective 30 days from the date of its adoption.
PASSED, APPROVED AND ENACTED this 28th day of IV
yy, 2013.
Scott A. Mann, Mayor
Approved as to Form:
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Me Hayward BiggW rity 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. 2013-124 to be the original ordinance adopted by the City
Council of the City of Menifee on May 28, 2013 and that said ordinance was published in
accordance with the law.
Date: May 28, 2013
Kathy Bennett, City Clerk
NIP
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. 2013-124 was duly adopted by the City Council of the
Councilmember City of Menifee at a meeting thereof held on the 28`h day of May 2013 by the
Greg August
following vote:
Councilmember
Ayes: August, Denver, Edgerton, Fuhrman, Mann
Noes: None
Absent: None
Abstain: None
Kathy Bennett, City Clerk
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 951.679.3843
www.c1tyofrnenifee.us