Loading...
HomeMy WebLinkAbout933 - Amendment to Business LicensesORDINANCE NO. 933 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING DIVISION 2 OF THE UKIAH CITY CODE PERTAINING TO BUSINESS LICENSES 499 The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE. Sections 2102.02, 2102.3, 2102.4, 2102.5 and 2102.6 of Division 2, Chapter 1 of the Ukiah City Code are hereby added as follows: ~2102.2: DEFINITION OF WHOLESALE SALES: As used in this Chapter, a "wholesale sale" or "sale at wholesale" means a sale of goods, wares or merchandise for the purpose of resale in the regular course of business. §2102.3: DEFINITION OF RETAIL SALES: As used in this Chapter, a "retail sale" or "sale at retail" means a sale of goods, wares or merchandise for any purpose other than resale in the regular course of business. §2102.4: DEFINITION OF CONTRACTOR: As used in this Chapter, the term "Contractor" means any person, except an owner, who contracts for a project with another person, who with respect to such work is required to be licensed by the State of California as a contractor or architect or registered civil engineer acting solely in his professional capacity, who in any capacity other than as an employee of another with wages as the sole compensation, undertakes to or offers to undertake to, or submits a bid to, or does himself or by or through others construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, railroad, excavation, or other structure, project, development or improvement, or to do any part thereof, including the erection of scaffolding, or other structures or works in connection therewith. §2102.5: DEFINITION OF HANDBILL DISTRIBUTOR: As used in this Chapter, a "Handbill Distributor" shall mean any person not having a fixed place of business within the City and conducting the business of advertising by the distribution of handbills, circulars, or other written or printed advertising materials. ~2102.6: DEFINITION OF PEDDLER: As used in this Chapter, a "Peddler", or itinerant vendor, hawker, solicitor or street vendor, shall mean any person, both principal and agent, who engages in a temporary and transient business in the City selling goods, wares, and merchandise, or services. Sections 2114, 2130, 2132, 2136, 2137, 2139, 2140, 2150, 2151, 2152, 2153, 2154, 2155, 2160, 2162 and 2175 of Division 2, Chapter 1 of the Ukiah City Code are hereby amended to read as follows: ~2114: BUSINESS LICENSE APPLICATION REFERRAL: Whenever any person applies to the Department of Finance for a business license, other than the renewal of an existing business license when there is no change of location, for any business conducted within a building or structure, the Director of Finance shall refer the application to the Community Development Department, Fire Department, Police Department, Health Department or any other department or agency of the City concerned with the enforcement of any codes, statutes or ordinances pertaining to the safeguarding of life or limb, health, property or public welfare. Upon such referral the City official or officials concerned with the enforcement of such codes, statutes or ordinances shall inspect the structure to be used for the proposed business, or take other action as may be necessary, to insure that the business as conducted in that location complies with the applicable building, zoning, fire and similar codes, ordinances, statutes and regulations. The referrals required by this section shall not delay the issuance of a business license. The issuance of a business license shall not waive or excuse non-compliance with any applicable zoning, building, fire or similar code or law. 5OO §2130: APPLICATION PROCESSING FEE: Paragraph F. Such other information as may be necessary for the enforcement of the provisions of this Chapter, including, but not limited to, a Contractor's state license number and pesticide applicator number where applicable. Adding Paragraph G. Each applicant shall pay a minimum fee to cover the cost of processing a license application. This fee shall be in addition to the business license tax and shall not'be prorated. The fee shall not be refunded if the application is denied. If the applicant notifies the Finance Department of a withdrawal of the application before any field inspection or investigation has taken place, all fees paid exceeding ten dollars ($10.00) shall be refunded. The following application categories shall pay an application processing fee in the amount specified: Application not requiring field inspection and/or investigation - $10 Application that requires field inspection and/or investigation - $40 Annual application renewal processing fee (all licenses) - $5 §2132: STATEMENT OF GROSS RECEIPTS: First paragraph is chanqed to read: If the amount of license tax to be paid by the applicant is measured by gross receipts from business carried on within the City limits, then the applicant shall include in the affidavit required in §2131 a statement of the gross receipts of such business earned the preceding calendar or fiscal year as reported to any Federal or State taxing authority to which gross receipts are reported. In the event that the application is for a new business the applicant shall estimate the gross receipts for the period to be covered by the license. ~2136: ADMINISTRATIVE HEARINGS: In any case where a licensee or applicant for a license is dissatisfied with a determination of the Director of Finance as to the classification of his business or the amount of license tax to be fixed, or is aggrieved by any decision of the Director of Finance with respect to the issuance or refusal to issue any such license, he may, within thirty (30) days after payment of his license tax, apply for a hearing before the City Manager, or a hearing officer designated by the City Manager to hear such appeals ("designee"). Such hearing shall be held within fifteen (15) days from the date of filing the application for hearing, unless continued at the request of applicant. Notice of the date and place of hearing shall be given the applicant, and he shall be entitled to appear in person or by counsel and present evidence. The City Manager or designee shall hear and consider evidence and shall decide the issue based upon the evidence presented. A decision must be rendered in writing by the City Manager or designee within five (5) working days from the date of hearing, and a copy of such decision furnished to applicant. §2137: APPEAL FROM DECISION OF CITY MANAGER: Any person who has followed the procedure set forth in §2136 hereof regarding administrative hearings and is dissatisfied with the decision of the City Manager or designee, may, within fifteen (15) days thereafter, appeal to the City Council of the City by filing a notice of appeal with the City Clerk. The City Clerk shall thereupon fix a time and place for hearing such appeal. The City Clerk shall give notice to such person of the time and place of hearing, and he shall have the opportunity to appear thereat in person or by counsel and present evidence. The Council shall hear and consider evidence and shall decide the issue based upon the evidence presented. The Council shall have authority to determine all questions raised on such appeal and its decision shall be final. ~2139: LICENSE NOT TRANSFERABLE; AMENDED LICENSE FOR CHANGED 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 to the Director of Finance and paying to the City of Ukiah a fee of ten dollars ($10.00) have the license amended to authorize the transacting and carrying on of such business under said license at an alternate location authorized by City Code. §2140: DUPLICATE LICENSE: Upon the licensee filing a statement of such fact to the Director of Finance and paying to the City of Ukiah a fee of ten dollars ($10.00), a duplicate license may be issued by the Director of Finance to replace any license previously issued hereunder which has been lost or destroyed. ~2150: LICENSE TAX; WHEN PAYABLE: The first paraqraph is chanqed to read: Unless otherwise specifically provided herein, all annual license taxes under the provisions of this Chapter, shall be due and payable in advance and shall be due on March 1 of each year and are delinquent after April 1; provided that license taxes covering new operations commenced after the first day of February may be prorated for the balance of the license period. §2151: DELINQUENT PENALTIES FOR LATE PAYMENT: For every month that an annual license tax is delinquent and for every day that a daily license tax is delinquent, the Director of Finance shall add a penalty of ten percent (10%) of the license tax due, provided that no penalties shall be added after the cumulative total of license tax and penalties shall equal twice the amount of the license tax. The current business license shall become void thirty (30) days after becoming delinquent and no business license shall be issued by the Director of Finance until the business license tax so delinquent, and the penalties added thereto, shall have been paid in full. ~2152: LICENSE TAX ON GROSS RECEIPTS: Except as is otherwise provided in §2153 hereof, every person who engages in business within the City shall pay a license tax based upon the annual gross receipts of such business during the preceding calendar or fiscal year at rates adopted from time to time by resolution of the City Council. ~2153: LICENSE TAX BASED ON FLAT RATE: Every person transacting and carrying on the businesses herein enumerated shall pay a license tax at rates adopted from time to time by resolution of the City Council: Engaging in the business of an auctioneer as defined in Business and Professions Code 5701. Engaging in the business of a carnival, circus, collection of animals, equestrian act or acrobatic performance. Engaging in the business of a peddler as defined in Article 1, Chapter 1, Division 2 of this Code, Engaging in the business of promoting, presenting or conducting any dance, race, concert, exhibition, lecture or other entertainment for profit, except as may be exempt under the provisions of §2161A of this Code. Engaging in the business of magazine or periodical salesperson or telephone solicitor. Engaging in the business of handbill distributor. §2154: OUTSIDE CONTRACTORS: Every person not having a fixed place of business within the City who engages in the business of a contractor shall pay a license tax under §2152 measured by gross receipts from business done within the City. §2155: OTHER OUTSIDE BUSINESSES: Every person not having a fixed place of business within the City who engages in business within the City limits and is not subject to the provisions of §2153 or §2154 of this Chapter shall pay a license tax under §2152 measured by gross receipts from business done within the City. §2160: EXCLUSIONS: The following businesses specified in this Section shall, to the extent mentioned herein, be excluded from the operation of this Chapter, and the terms hereof shall not be deemed or construed to require the payment of a license tax for such businesses. A. Banks, to the extent that the city may not levy a license tax upon them under the provisions of Article XIII, Section 27 of the Constitution of the State of California. B. Insurers, including insurance companies or associations and reciprocal or interinsurance exchanges together with thei~ corporate or other attorneys in fact considered as a single unit, and insurance agents on that portion of their income derived from insurance premiums paid by their customers. C. The business of a commercial traveler not having a fixed place of business in the City whose business is limited to goods, wares and merchandise sold or dealt in at wholesale in this State. D. Express corporations, freight forwarders, motor transportation brokers, and highway freight haulers under the jurisdiction of the Public Utilities Commission as provided in Public Utilities Code section 4301 et seq. E. Airlines and all-cargo air carriers, except as to revenues derived exclusively from intra-state operations. F. Any person whom the City is not authorized to license under the terms of any law or constitution of the United States or of the State of California. The Director of Finance may require the filing of a verified statement from any person claiming to be excluded under the provisions of this Section, which statement shall set forth all facts upon which the claim for exclusion is made. The Director of Finance may allow or disallow the claim for exclusion, and if disallowed the claimant shall forthwith make application for a business license, and shall obtain the necessary license prior to engaging in business. The provisions of §2136 and §2137 regarding administrative hearings and appeal procedure for licensees and applicants is hereby made applicable to claimants for exclusions. §2175: CRIMINAL PENALTY FOR VIOLATION; EXCEPTIONS: Any person violating any of the provisions of this ordinance or knowingly or intentionally misrepresenting to any officer or employee of this City any material fact in procuring, or attempting to procure, the license herein provided for shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the County jail for a period of not more than six (6) months, or by both such fine and imprisonment. Sections 2200, 2203, 2204, 2205, 2320, 2321, 2323 an¢. 2335 of Division 2, Chapter 2 of the Ukiah City Code are hereby amended to read as follows: §2200: DEFINITION OF PAWNBROKER: "Pawnbroker" shall include every person, firm or corporation (other than banks, trust companies or bond brokers who may otherwise be regulated by law and authorized to deal in commercial papers, shares of stock, bonds and other certificates of value) who keeps a loan or pawn office or engages in or carries on the business of receiving jewelry, precious stones, valuables, firearms, clothing or personal property or any other article or articles in pledge for loans or as security, or in pawn for the repayment of moneys, and exacts an interest for such loans. §2203: APPLICATION FOR PERMITS: The application for a regulatory permit shall set forth, and such permits shall set forth, the exact nature of the business to be carried on, and such application shall be accompanied by the signatures of three (3) residents of the City of Ukiah, certifying to the good moral character and reputation of the person or persons making such application. The application must be submitted along with a ten dollar ($10.00) non-refundable administrative fee to the Chief of Police. §2204: INVESTIGATION; GROUNDS FOR DENIAL: The application shall be filed with the Chief of Police and at the time of filing such application, the applicant and all persons to be directly or indirectly interested in the permit if granted, including all 503 members of any firm or partnership, shall be fingerprinted by the Police Department, and if any such person shall be found to have been convicted within the last seven (7) years for committing any felony, theft, obtaining money, or property by false pretense, embezzlement, or violating any provisions of this Chapter or by any other law regulating pawnbrokers, the application for such permit shall be denied. The investigating official to whom such application shall be submitted shall be the Chief of Police. In addition to the grounds set forth in this Section, any permit may be revoked upon the recommendation of the Chief of Police establishing the fact that such permittee has, or has had, in his possession any stolen article without there having been made a record of such article as required by state law. The applicant shall be notified of such revocation by the Chief of Police. §2205: NO PERMIT TO ILLEGAL ALIEN OR MINOR: No permit shall be issued for any business enumerated in §2200 hereof, if the applicant therefor is under eighteen (18) years of age or an undocumented or illegal alien, nor, if the applicant is a firm, partnership or corporation, if any member of such firm or partnership is under eighteen (18) years of age or an undocumented or illegal alien, or any officer or director of such is an undocumented or illegal alien. ~2320: JUNK BUSINESS; OPERATION WITHOUT LICENSE UNLAWFUL: It shall be unlawful for any person to engage in the business of operating a junk yard or to engage in business as a junk dealer within the City without a business license issued by the Director of Finance. The term "junk yard" shall have the meaning provided in §Section 9304 of this Code. Junk yard and "junk dealer," as used herein, shall not mean or include a commercial entity engaged in recycling Recyclable Materials as those terms are defined in §Section 4480 of this Code. §2321: PERMIT REQUIRED: The Director of Finance of the City shall not issue a license to any person to operate a junk yard or to engage in business as a junk dealer until the City Council shall have issued a permit therefor. ~2323: VIOLATIONS; PENALTIES: Violation of this Article shall constitute a misdemeanor and shall be punishable by a fine of not to exceed five hundred dollars ($500.00) or by imprisonment for not to exceed six (6) months in the County jail or by both such fine and imprisonment. §2335: VIOLATION; PENALTIES: Violation of this Article shall constitute an infraction and shall be punishable by a fine not to exceed two hundred dollars ($200.00) for each violation. ARTICLE 1: PAWNBROKERS: Sections 2206-2212 inclusive, of Article 1 of Chapter 2, are hereby repealed. ARTICLE 2: AUCTIONS: Article 2 of Chapter 2, Sections 2250-2267 inclusive, is hereby repealed. ARTICLE 3: FORTUNE TELLING: Article 3 of Chapter 2, Sections 2300-2301 inclusive, is hereby repealed. Section 2471 of Division 2, Chapter 4 of the Ukiah City Code is hereby amended to read as follows: ~2471: PENALTY FOR VIOLATION: Any person, firm or corporation violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding one thousand dollars ($1,000.00), or by imprisonment in the County jail for a period not to exceed six (6) months, or by both such fine and imprisonment. Section 2601 of Division 2, Chapter 6 of the Ukiah City Code is hereby amended to read as follows: ~2601: CERTIFICATE APPROVING RESTAURANT REQUIRED YEARLY: Only'one such Health Department certificate for each restaurant is required for each calendar year beginning January 1, excepting that where there is a transfer of ownership of a restaurant business, a new inspection and certificate is required. SECTION TWO. During the City of Ukiah's Fiscal Year Ended June 30, 1993, to accomplish the transition from the license fees due date of July 1, 1993 to a due date of March 1, 1993, that amount of business license tax previously paid by each business that is attributable to the period of January 1 to June 30, 1993 will be credited against the tax due for January 1 to December 31, 1993. SECTION THREE. This Ordinance shall be published as required by law and /// shall become effective thirty days after its passage. Introduced by title only on December 16, 1992, by the following roll call vote: AYES: Councilmembers Malone, McMichael, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. Adopted on January 20 roll call vote: 1993, by the following AYES: Councilmembers Malone, Wattenburger, Shoemaker and Mayor NOES: None ABSTAIN: None Schneiter Cathy. ],~_~.ay,~ ~y Clerk