Chapter 4.04 BUSINESS REGISTRATION

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 and 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 calling, 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 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.

Any person claiming an exemption to Sections 4.04.070 through 4.04.180 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)

4.04.070 Exemptions—Agriculture.

The provisions of this chapter shall not require the payment of a business registration fee on the business of agriculture, except for the retail activities conducted in connection therewith. (Ord. 10-90 § 7)

4.04.080 Exemptions—Attorneys.

The provisions of this chapter shall not apply to any natural person licensed to practice law in the state of California when such a person is practicing law. (Ord. 12-91 § 1)

4.04.090 Exemptions—Banks.

The provisions of this chapter 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. (Ord. 10-90 § 9)

4.04.100 Exemptions—Benefit activities.

The provisions of this chapter 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. (Ord. 10-90 § 10)

4.04.110 Exemptions—Charitable purposes.

The provisions of this chapter 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 Section 501(c). (Ord. 10-90 § 11)

4.04.120 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. (Ord. 10-90 § 12)

4.04.130 Exemptions—Federal and state entities.

Nothing in this chapter 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. (Ord. 10-90 § 13)

4.04.140 Exemptions—Insurance companies.

The provisions of this chapter 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. (Ord. 10-90 § 14)

4.04.150 Exemptions—Inter-city freight carriers.

The provisions of this chapter 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. (Ord. 10-90 § 15)

4.04.160 Exemptions—Nonprofit activities.

A. The provisions of this chapter 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 chapter 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. This exemption shall not apply to promoters employed by such nonprofit institutions, corporations, organizations or associations. (Ord. 10-90 § 16)

4.04.170 Exemptions—Part-time occupations.

The provisions of this chapter shall not apply to any natural person under the age of eighteen or over the age of sixty-five (65) 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. (Ord. 10-90 § 17)

4.04.180 Exemptions—Miscellaneous.

The provisions of this chapter 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. (Ord. 10-90 § 18)

4.04.190 Evidence of doing business.

When any person makes use of signs, circulars, 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 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)

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, 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 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 license 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)

4.04.230 Application—Renewal license.

The applicant for the renewal of a license shall submit to the Collector, on or before October 1st of each year, the correct amount of fee and, upon a form provided by the Collector, the information described in Section 4.04.220. (Ord. 11-20 § 6: Ord. 10-90 § 23)

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 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 chapter;

D. 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;

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. Appropriate permits for the business have not been obtained from the city;

G. The conduct of the business or activity will be contrary to law; or

H. The conduct of the business or activity 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 Council by resolution. (Ord. 2-18 § 1(C): Ord. 12-91 § 3; Ord. 10-90 § 28)

4.04.290 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 in an amount as fixed by the City Council by resolution. (Ord. 2-18 § 1(D): Ord. 12-91 § 4; Ord. 10-90 § 29)

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.

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 good 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 penalty in the amount of seven percent (7%) compounded monthly of any delinquent business registration fee shall accrue on the thirtieth 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 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 he or she is hereby directed, to enforce each and all of the provisions of this chapter, and the zoning investigator 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 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 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 chapter. (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 or refusal to issue 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. (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)