Chapter 5.02
BUSINESS CERTIFICATES
Sections:
5.02.030 Certificates – Required.
5.02.040 Certificates – Required for branch offices and businesses doing business in same location.
5.02.050 Evidence of doing business – Designated.
5.02.060 Businesses or organizations exempt.
5.02.080 Certificate – Application – Contents.
5.02.100 Certificate – Issuance.
5.02.120 Certificate – Nontransferable or nonrefundable.
5.02.130 Certificate – Duplicate.
5.02.140 Certificate – Denial.
5.02.150 Certificate – Appeal of denial.
5.02.160 Investigation and inspection procedure.
5.02.170 Constitutional apportionment.
5.02.200 Grounds for denial or revocation.
5.02.210 Penalties for failure to apply for certificate or not having current certificate.
5.02.220 Effect of chapter on existing businesses.
5.02.010 Purpose.
A. The ordinance codified in this chapter is enacted for the purpose of protecting the public interest, health, welfare and safety by providing a means to ensure that all new and existing businesses in the City are made aware of and conform to all City zoning, fire and public safety ordinances, rules and regulations by requiring them to register and procure a certificate from the City.
B. This chapter is also intended to protect the interests of legitimate businesses in the City from unfair competition with businesses operating in violation of Federal, State and local laws.
C. This chapter is not intended to impose any form of taxation on the business community nor to collect in fees more money than is necessary to recover the administrative costs of processing an application for the issuance or renewal of a business certificate. (Ord. 116 § 1, 1983)
5.02.020 Definitions.
For the purposes of this chapter, the words set out in this section shall have the following meanings:
A. “Business” means professions, trades and occupations and all and every kind of calling whether or not carried on for a profit.
B. “Civic groups, service clubs and social organizations” means a group, club or organization that is not engaged in any profession, trade calling or occupation but is organized to provide civic, service or social activities in the City. Examples of such organizations may include, but are not limited to, the Green Valley Civic Association; Soroptomists; Kiwanis; Lions; Rotary; American Legion; children and adult athletic organizations; and similar types of groups, clubs or organizations.
C. “Occasional” means less than once each quarter of a year.
D. “Person” means all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnership of every kind, clubs, Massachusetts trusts, business trust or common law trusts, societies, and individuals transacting and carrying on any business in the City.
E. “Profession” means doctors, dentists, attorneys, accountants, real estate licensees, beauticians, barbers or any other occupation or calling requiring a specialized knowledge and a license to practice their profession.
F. “Sworn statement” means an affidavit sworn before a person authorized to take oaths, or a declaration or certification made under penalty of perjury. (Ord. 116 § 24, 1983)
5.02.030 Certificates – Required.
It is unlawful for any person to transact and carry on any business, trade, profession, calling or occupation within the City without first having procured a certificate from the City to do so, or without complying with any and all applicable provisions of this chapter. (Ord. 116 § 2, 1983)
5.02.040 Certificates – Required for branch offices and businesses doing business in same location.
A separate certificate 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. Each certificate shall authorize the holder to transact and carry on only the business certified at a given location. Any changes in the type or character of the business will require the certificate holder to submit an application for a new certificate. (Ord. 116 § 3, 1983)
5.02.050 Evidence of doing business – Designated.
When any person shall by use of signs, circulars, cards, telephone book, or newspaper, advertise or otherwise represent that the person is in business in the City, or when any person holds an active certificate or permit issued by a governmental agency indicating that the person is in business in the City, and such person fails to deny on a sworn statement provided by the City that the person is not conducting business in the City, then these facts shall be considered prima facie evidence that the person is conducting a business in the City and a certificate will be required unless the business is excluded in PMC 5.02.060. (Ord. 116 § 4, 1983)
5.02.060 Businesses or organizations exempt.
A. This chapter shall not require that churches, civic groups, service clubs or social organizations, day care centers, apartments and similar property management businesses that do not operate out of a fixed office, casual workers such as babysitters, tutors, piano teachers or the like be required to obtain a certificate.
B. Businesses that are required to obtain a solicitor’s permit or that are required to obtain a home occupation permit are also exempt from this chapter. (Ord. 116 § 5, 1983)
5.02.070 Exemption to fees.
A. Charitable Organizations. Charitable organizations meeting the conditions listed below shall be exempt from the payment of the certificate fee but are still required to obtain a business registration certificate. The payment of the certificate fee imposed in accordance with this chapter will not be required:
1. To conduct, manage or carry on any business, occupation or activity from any institution or organization which is conducted, managed or carried on wholly for the benefit of charitable purposes or from which profit is not derived, either directly or indirectly, by any individual, firm or occupation;
2. For the occasional conducting of any entertainment, concert, exhibition, or lecture on scientific, historical, literary, religious or moral subjects within the City, whenever the receipts of any such event are to be appropriated to any church or school or to any religious or benevolent purpose by a tax exempt nonprofit organization;
3. For the conducting of any occasional entertainment, dance, concert, exhibition or lecture by any religious, charitable, fraternal education, Federal, 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 for which such organization or association was formed, and from which a profit is not derived, either directly or indirectly, by an individual, firm, or corporation.
However, nothing in this section shall be deemed to exempt any person, association or organization, institution, firm, or corporation from complying with the provisions of this chapter or any ordinance of the City requiring that a certificate, license, or permit be obtained to conduct, manage, or carry on any profession, trade, calling, or occupation.
B. Constitution or Statutes of the United States or of the State. Nothing in this chapter shall be deemed or construed to apply to any person transacting and carrying on any business exempt by virtue of the Constitution or applicable statutes of the United States or of the State from the payment of fees to a municipal corporation. Nor will a certificate be required of any such business.
C. Active-Duty Military – Honorably Discharged or Relieved Veterans.
1. Every person who is serving on active duty in the military, naval, or air service of the United States, and every spouse or registered domestic partner of a person who is serving on active duty in the military, naval, or air service of the United States, may conduct a business with a permit issued pursuant to this chapter without payment of any fee.
2. Every person who is honorably discharged or honorably relieved from the military, naval, or air service of the United States may conduct a business with a permit issued pursuant to this chapter without payment of any fee.
D. Claim for Exemption. Any person claiming an exemption pursuant to subsection A or B of this section shall file a verified statement, on a form provided by the City, stating the facts upon which the exemption is claimed. Any person claiming an exemption pursuant to subsection C of this section shall (at the time of application for the certificate) produce to the City his or her military identification, or military dependent identification, or a copy of his or her DD Form 214, or a copy of that person’s certificate of honorable discharge or honorable relief from duty.
E. Certificate. The City shall, upon a proper showing contained in the verified statement, military identification or proof of qualifying veteran’s status, issue a certificate to such person claiming an exemption under subsection A or C of this section, without payment of any fee. (Ord. 753 § 2, 2013)
5.02.080 Certificate – Application – Contents.
A. Every person, association, organization, institution, firm or corporation required to have a certificate under the provisions of this chapter shall make application to the City on a form provided by the City. The minimal information required on the application form shall be:
1. The name of the person to whom the certificate is to be issued;
2. The name of the business;
3. The specific type of business to be conducted;
4. The mailing address of the business;
5. The place where the business is to be transacted and carried on;
6. The name, telephone number and address of the person to notify in the event of an emergency;
7. Whether hazardous materials or chemicals will be stored at the business location to the extent permitted within the hazardous materials ordinance;
8. The business State Board of Equalization Resale License number if a resale license is required by the State Board of Equalization; and
9. The information required by Business and Professions Code Section 16000.3, as may be amended from time to time, which includes:
a. All primary standard industrial classification codes, as defined in Section 25244.14 of the Health and Safety Code, for the business.
b. Any of the following for each facility operated by the person of that business:
i. The stormwater permit number, known as the waste discharger identification number (WDID), issued for the facility by the State Water Resources Control Board.
ii. The WDID application number issued for the facility by the State Water Resources Control Board.
iii. The “notice of nonapplicability identification number” (NONA) issued for the facility by the State Water Resources Control Board.
iv. The “no exposure” certification identification number (NEC) issued for the facility by the State Water Resources Control Board.
B. The information requested by subsections (A)(6) and (8) of this section shall be considered confidential and shall not be made available to the public. (Ord. 839 § 2, 2020; Ord. 116 § 7, 1983)
5.02.090 Certificate – Fee.
A. At the time of application for a business certificate, the City shall require the applicant to pay a fee for the processing of said certificate. No portion of this fee shall include the cost of any inspections, investigations or other functions required prior to the original enactment of the ordinance codified in this chapter.
1. New Certificate Application Fee. A person applying for a certificate for a new business, whether the business is new to the City, or an existing business which has changed location, ownership, or type of business, shall be required to pay a fee as shall be established by City Council resolution from time to time, which is intended to recover the cost of processing the application.
2. Renewal of Certificate. A person who is applying for the renewal of an existing certificate, and the business has not changed in ownership, location or type of business, shall be required to pay a fee as shall be established by City Council resolution from time to time, which is intended to recover the cost of processing the application.
3. Exemption for Secondary Professional Operating from a Primary Business. A beautician, barber, accountant, real estate licensee, doctor, dentist or similar type of professional person who is in business for themselves, and uses space in a business office area that has been issued a certificate for the primary business conducting the same type of business shall not be required to have a separate certificate. However, any time that it is necessary to revise the primary business by:
a. Structurally modifying the interior or exterior of the building that would require the issuance of a building permit;
b. Changing the name of the business; or
c. The signage to provide for the secondary businesses operation, the holder of the primary certificate must apply for a new certificate. No additional fees shall be charged for the new certificate. (Ord. 683 § 1, 2008; Ord. 116 § 8, 1983)
5.02.100 Certificate – Issuance.
A. No certificate shall be issued until an application for a certificate has been completed and filed with the City, all certificate fees are paid, and all City officers or departments required to investigate the application or inspect the premises or facilities to be occupied or used, have approved of such issuance. However, the City shall make every attempt practicable to complete any investigation or inspection within 10 working days of receipt of the application. If a certificate is not issued within 10 working days of the receipt of the application, the applicant shall be informed to the reason or reasons why the certificate has not yet been issued or will not be issued.
B. The issuance of a certificate shall not be deemed as evidence that a person, association, organization, institution, firm or corporation operating a business in the City is in fact in compliance with all ordinance rules or regulations of the City or that they have applied for or have been issued all permits or licenses which otherwise may be required. (Ord. 116 § 10, 1983)
5.02.110 Certificate – Term.
A. Certificates for New Businesses. Certificates for new businesses, whether new to the City or resulting from a change of ownership, location or type of business, shall be issued for a maximum term of 24 months.
B. Renewal of Existing Certificate. All certificates which are renewed shall be valid for a 24-month term unless otherwise revoked. Certificates shall be required to be renewed before the expiration date shown on the business certificate.
The City shall notify all businesses at least 30 calendar days prior to the date of the renewal. (Ord. 740 § 1, 2012; Ord. 116 § 14, 1983)
5.02.120 Certificate – Nontransferable or nonrefundable.
No certificate issued pursuant to this chapter shall be transferable or refundable. (Ord. 116 § 15, 1983)
5.02.130 Certificate – Duplicate.
A duplicate certificate may be issued by the City to replace any certificate previously issued under this chapter which has been lost or destroyed, upon the certificate holder filing an affidavit attesting to such fact, and at the time of filing such affidavit, paying a duplicate certificate fee equal to the fee established for a certificate renewal. (Ord. 116 § 16, 1983)
5.02.140 Certificate – Denial.
Any person denied a certificate shall be fully advised, in writing of the grounds for such denial. (Ord. 116 § 12, 1983)
5.02.150 Certificate – Appeal of denial.
A. Any person aggrieved by the decision of an administrative officer or agency with respect to the issuance or refusal to issue a certificate, may appeal that decision to the City Manager within 30 calendar days of the date of the denial or the date of the issuance of the certificate. The appeal must be in writing and filed with the City Clerk. Following the filing of an appeal, the City Manager or designee must notify the appellant of a time and place for a hearing to review the appeal. The hearing shall be held within 10 working days of the date of filing of the appeal. Following the hearing the City Manager must notify the appellant of the decision in writing within 15 calendar days.
B. If the person is not satisfied with the decision of the City Manager, the person may appeal to the City Council in accordance with the provisions of Chapter 2.20 PMC. (Ord. 334 § 3, 1991; Ord. 116 § 13, 1983)
5.02.160 Investigation and inspection procedure.
All applications for a certificate shall be investigated and certified in accordance with the following guidelines:
A. Applications for New Certificates. Each application for a new certificate shall be investigated and certified as noted below. The City shall make every attempt practicable to complete all required investigations within 10 working days of the receipt of an application.
1. The Department of Development Services must certify that:
a. The business and its location comply with the zoning development of the City;
b. The business and its location is a lawful use under the laws of the State; and
c. All buildings of the business have been issued certificates of occupancy.
2. The Fire Prevention Division of the Department of Safety Services must certify that the structures of the business are lawfully constructed pursuant to the fire, zoning and land use ordinance of the City.
B. Applications for Renewal of an Existing Certificate. Each application for renewal of a certificate shall be processed as follows: The Customer Services Division of the Finance Department shall receive the application and review it to determine if any changes exist which may require the review of any other department agency or official. If a review is felt necessary, the application shall be forwarded to the appropriate department agency and/or officials for their review. (Ord. 811 § 10, 2017; Ord. 518, 1999; Ord. 116 § 11, 1983)
5.02.170 Constitutional apportionment.
A. None of the fees imposed by this chapter shall be so applied as to occasion an undue burden upon interstate commerce or be violative of the equal protection and due process clauses of the Constitutions of the United States and the State.
B. In any case where a fee imposed by this chapter is believed by a certificate holder or applicant for a certificate to place an undue burden upon interstate commerce or be violative of such constitutional clauses, the applicant may apply to the City Council for an adjustment of the fee. Such application may be made before, at, or within six months after payment of the prescribed fee. The decision of the City Council shall be final. (Ord. 116 § 9, 1983)
5.02.180 Posting and keeping.
All certificates must be kept and posted in the following manner:
A. Any certificate holder transacting or carrying on business at a fixed place of business in the City shall keep the certificate posted in a conspicuous place upon the premises where such business is carried on or must have the certificate immediately available for inspection upon request;
B. Any certificate holder transacting or carrying on business but not operating at a fixed place of business shall keep the certificate immediately available at all times while transacting and carrying on business within the City. (Ord. 116 § 17, 1983)
5.02.190 Right to revoke.
A. Every certificate granted under this chapter is granted and accepted by all parties with the express understanding that the City Council may revoke the certificate if it is in the best interest of the health, welfare and safety of the public to do so and grounds for such revocation exist as noted in PMC 5.02.200.
B. Before a certificate may be revoked, the City Council must hold a public hearing with the notice of the time and place of the public hearing and the reason or reasons for the hearing given to the certificate holder. (Ord. 116 § 20, 1983)
5.02.200 Grounds for denial or revocation.
A certificate required by this chapter may be denied or revoked pursuant to this chapter, only upon one or more of the following grounds:
A. Proper application as prescribed in this chapter has not been made or information submitted has been falsified; or
B. The prescribed fee for such certificate has not been paid; or
C. Delinquent certificate fees have not been paid; or
D. The conduct of the business is contrary to local, State or Federal law. (Ord. 116 § 21, 1983)
5.02.210 Penalties for failure to apply for certificate or not having current certificate.
Any person who fails to apply for and receive a certificate prior to the start of business, or has not applied for the renewal of an existing certificate prior to expiration of the certificate shall be assessed a penalty fee not to exceed $250.00. (Ord. 116 § 18, 1983)
5.02.220 Effect of chapter on existing businesses.
This chapter is not intended to apply to any business that is operating from a permanent location in the City, on the effective date of the ordinance codified in this chapter, until the year 1985. Each business that was operating from a permanent location, on the date of the ordinance codified in this chapter will be required to have obtained a certificate by the date noted below:
|
First Letter in Business Name
|
Certificate Renewal Date
|
|---|---|
|
A to F |
January 1, 1985 |
|
G to L |
April 1, 1985 |
|
M to R |
July 1, 1985 |
|
S to Z |
October 1, 1985 |
(Ord. 116 § 22, 1983)
5.02.230 Violation – Penalty.
If a person fails to file for a certificate as provided in this chapter within 30 calendar days after being informed to do so, or fails to pay the fee noted in PMC 5.02.090, or violates any of the other provisions of this chapter, or knowingly or intentionally misrepresents any material facts to any officer or employee of the City in procuring the certificate provided in this chapter, or continues to operate a business after the business registration certificate has been revoked, the person shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine not to exceed $500.00 or by confinement in jail not to exceed six months or by both such fine and confinement. (Ord. 116 § 19, 1983)