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CC - Business License ordinance - Internal File 024 TO: HONORABLE MAYOR AND MEMBERS R EMEAD CITY COUNCIL FROM: FRANK G. TRIPEPI, CITY MANAGER DATE: AUGUST 7, 1991 RE: BUSINESS LICENSE ORDINANCE Mayor Imperial has requested that this item be placed on the Agenda for discussion purposes. According to the recent business census, authorized by the City Council, there are approximately 1,100 businesses within the City of Rosemead. Approximately 420 of those are licensed by the City of Rosemead. The City has adopted by reference the Los Angeles County Business License Ordinance which is a regulatory ordinance in nature. It is proposed that the Council adopt a business license registration fee. The purpose of this fee would be to make sure every business within the City of Rosemead has authorization to operate. The fee charged would cover the cost of administering the program. Attached is a copy of a sample ordinance from the City of Lancaster. Their fees are based on the number of employees. It would be our recommendation that if the Council wishes to proceed, we look into the basic cost of administering the program and charge every business a flat fee in addition to any other fee established by the County ordinance. RECOMMENDATION It is recommended that if the Council wishes to proceed, that staff be directed to draft an ordinance for further consideration by the dp Council. I FGT: j s Attachments COUNCIL AGENDA A:08139lj (1) AUG 1,8.1981. ITEM No. M-A JUL 31 '91 15:35 FROM CITY OF LANCASTER TO 918183079218 PAGE.002/Oe9 AGENDA ITEM: DATE: ORDINANCE NO. 566 AN ORDINANCE OF THE CITY OF LANCASTER, CALIFORNIA, AMENDING CHAPTER 4 OF ARTICLE VI OF THE LANCASTER MUNICIPAL CODE RELATING TO BUSINESS LICENSES. THE CITY COUNCIL OF THE CITY OF LANCASTER DOES HEREBY ORDAIN AS FOLLOWS: . Section 1. The Lancaster Municipal Code is hereby amended by deleting Sections 6.4.1 to 6-4.3 in their entirety and replacing them with the following: "PART A. BUSINESS LICENSE ORDINANCE 6-4.1. Definitions. For purposes of this Chapter: A. "Business" means professions, trades, occupations, and each and every. kind of calling whether or not carried on for profit, B. "City Manager" means the City Manager of the City of Lancaster or any other City officer or employee responsible for administering this Chapter. C. "Finance Director" means the Finattce Director of the Ciry of Lancaster. D. "Person" means all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, businesses, trusts, societies and individuals transacting and carrying on any business in the City other than as an employee, E. "Sworn Statement" means an affidavit sworn to before a person authorized to take oaths or a declaration or certification made under penalty or perJury- 6-4.2. License Required. It shall be unlawful for a person to transact any business* in the City without fist having obtained a business license. A business license authorizes the licensee to transact business at the location designated on the license. A. Branch Establishments, Separate business licenses shall be obtained for each separate location in the City where a particular business is conducted. For purposes of this Section, vending machines and games of skill and science including but not limited to video games, which are not owned by the person ttansaedng a licensed business where such machines or games are located, shall constitute a separate business for which a separate business license shall be obtained by the Owner of such machines or games. A separate business license shall not be required if such machines or games ate owned and operated by the owner of the business where such machines are located and which are operated only as an incident to another licensed business conducted on the premises. B. Delivery and Sales Fran Vehicles. Every person not having a fixed place of business in the Crri who sells goods, wares of other merchandise, or provides services for a fee from a vehicle shall be required to obtain a business license for engaging in such sales, JUL 31 '91 15:36 FROM CITY OF LANCASTER TO siele3079216 PAGE.003i009 Page 2 C. Evidence of Doing Business. Any person who uses signs, circulars. cards, telephone books, newspapers, or other form of advertisement to represent that he is transacting business in the City, shall be deemed to be transacting business in the City for purposes of this Chapter and shall be required to obtain a license. unless evidence is presented to the contrary to the City Manager. 6-4.3. Application for License. It shall be the sole responsibility of every person required to obtain a business license to make application therefore on a form provided by the City Manager. Applications shall be subject to verification by the City Manager. Any person who makes a false statement in the application shall be guilty of a misdemeanor. A. Processing of Application. Upon application and payment of the requited license fee, the City Manager shall issue a temporary license which shall be valid for a period of fifteen (15) days plus such additional time allowed under existing ordinances to correct any deficiencies or as approved by the City Manager and process the application. The entire application must be completed in English. If necessary, applications shall be submitted by the City Manager to appropriate City departments to determine whether the business to be transacted and premises to be occupied meet the requirements of State laws and City ordinances. B. Extension of Time. The City Manager may extend the time for filing an application required pursuant to this Chapter for good cause, for a period not exceeding thirty (30) days, and may waive any penalty that would otherwise accrue thereon- 6-4.4. Exemption. This Cher shall not apply to any business exempt from federal income-taxes under Section 501(c)(3) of the Internal Revenue Code or exempt under the United States or California Constitutions. Any person claiming an exemption pursuant to this Section shall file a swam statement with the Finance Director stating the facts upon which the exemption is claimed and shall furnish such information and verification as rcgUired. In the absence of a sworn statement, persons claiming an exemption shall be liable for payment of the business license fee.After giving notice and a reasonable opportunity for hearing, the City Manager may revoke a business license granted pursuant to this Section if it is determined that the licensee is not entitled to the exemption. 6-4.5. Tercet of License. Licenses shall be for a term of twelve (12) months commencing on the first day of the month when the license application and fee are received by the City Manager- 6-4.6. License Fee. Each applicant shall pa an annual business license fee when application is made unless exempt under Section 6 A. The City's issuance of a receipt to the business license applicant for payment of the fee shall not constitute the receipt of a business license. The fee shall be refunded only if the license is denied The amount of the license fee shall cover the com of processing the application and shall be established by resolution of the City Council A. Error in Calculating Fee. In no case shall any error in calculating or in stating the amount of a license fee prevent the collection of the correct amount due from any person transacting business in the City. B. License Fee a Debt The amount of any license fee and penalty imposed by this Chapter shall constitute a debt to the City. JUL 31 '91 15:37 FROM CITY OF LANCASTER TO 918183079218 PAGE.004i009 Page 3 C. Refunds. Upon approval of the Finance Director, the City Treasurer may refund any license fee or penalty erroneously collected. However, no license fee shall be refunded if the applicant engaged in the business for which the license is sought ptior to application for the license. License fees shall not be refunded for any fraction of a year that business is not conducted. 6-4.7. Due Daze For License Fee. The license fee for a new business is due upon application for a business license. The fee for renewal of all business licenses is due the fast day of the month following the expiration date stated on the license. 6-4.8.Penalty. A. Failure to Pay Fee. For fail= to pay a license fee when due, the Finance Director shall add a penalty of twenty percent (20%) of the license fee on the fast date of the month following the due date and ten percent (10%) each month thereafter while the fee remains unpaid, provided that, the amount of the penalty shall not exceed fifty percent (50%) of the amount of the license fee due. B. Fail= to Obtain License. If a person fails to obtain a business license. .the license fee due shall be that amount due and payable from the first dare when the person engaged in business in the City, together with the penalty described in Subsection A above. 6-4.9. Issuance of License. Upon the approval of an application for a business license and payment of the required business license fm the Finance Director shall issue a business license to the applicant. 6-4.10. Grounds for Denial.of License.. The.City Manager shall not have the authority to deny issuance of a business license for any reason other than failure to comply with this Chapter or an ordinance of the City. 64.11. AppeaL If an applicant for a business license is aggrieved by any decision of the City Manager regarding the issuance, denial or revocation of a business license or failure to grant an exemption from this Chapter, the applicant may appeal the decision by submitting a notice of appeal in accordance with the Uniform Appeal Procedure set forth in Article IL Chapter 8 of the Lancaster Municipal Code. 6-4.12. Contents of Lacrose. Each license issued shall contain- issued. The name and mailing address of the person to whom the license is (2) The frame of business. (3) The address of the business. (4) The expiration date of the license. (5) Telephone number of business (6) Exact nature of business, (Business Code) JUL 31 '91 15:37 FROM CITY OF LANCASTER TO 918183079218. PAGE.005i009 Page 4 (7) Such other information as deemed necessary and established by resolution of the City Council. 64.13. Amendment of Licenses. A license may be amended to reflect a change in business name and/or maili ng address upon filing a statement of such fact and payment of a fee to the Finance Director, which shall be established by resolution of the City Council. The unexpired business license previously issued shall be returned to the Finance Director prior to the issuance of the amended license. A license may not be amended to reflecta change in the person(s) transacting the business or a change in the type of business transacted, a new business license must be obtained as provided herein. 6-4.14. Transfer of Licenses. Licenses issued pursuant to this Chapter shall rot be transferable. However, a license may be amended to authorize the transaction of business at a location where the business shall be moved in accordance with Section 6-4.13. 64.15. Duplicate License. A duplicate license may be issued by the City Manager . to replace any business license previously issued which has been lost or destroyed upon filing a statement that the license has been lost or destroyed and paying a fee to the Finance Director, which shall be established by resolution of the City Council. 6-4.16. Posting Licenses. A. Fixed Location. Any licensee transacting business at a fixed location in the City shall post their business license in a conspicuous location on the premises, open to public view and available formi specnon whom such business is transacted. B. Not at Fixed Location. Any licensee who does not transact business at a fixed location in the City shall keep his business license upon his person at all times while transacting business. Any licensee who does not transact business at a fixed location in the City and uses a vehicle for the purpose of transacting such business shall display his business license on the tear of such vehicle, in public view. to indicate that business license fees have been paid for that period of time. Perscnts' using a vehicle solely for the purpose of delivering goods, wares or merchandise are not required to display a business license on their vehicle. 6-4.17. Revocation of Licertse, The City Manager may revoke any license issued under this Chapter if it is determined that the licensee has obtained the license by of the or has failed to comply with the provisions of this Chapter. The decision ty Manager to revoke a license may be appealed in accordance with Section 6- 4.11. 6.4.18. Regulatory Measure. The fee established pursuant to this Chapter is for processing the applications required by this Chapter. Persons required to pay a license fee for transacting business under this Chapter shall not be relieved from the payment of such fee under any other provision of this Code and shall remain subject to the regulatory provisions of other ordinances. 64.19. Compliance with Other Laws. The payment of a license fee and the issuance of a license shall not entitle the licensee to transact any business unless the licensee has complied with all requirements of this Chapter and any other applicable federal. suite or local regulations pertaining to such business. JUL 31 191 15:38 FROM CITY OF LANCASTER TO 918183079218 PAGE.006i009 Page 5 6.4.20. Information Confidential. Any statement or information filed pursuant to this Chapter shall be confidential and shall not be subject to public inspection except for the following information provided in the business license application: business name- business telephone, business mailing and street address, the exact nature of the business for which the license is required." Section 2. Revise 'Pan B. PEDDLERS AND VENDORS" as follows: "A. Renumber existing Section 64.7 to 6-4.21 and delete existing Sections 6.4.11, 6-4.12 and 6-4.13. B. Amend existing Section 6-4.8 to read as follows: 6.4.22. Posted Premises. No person shall engage in the sale of, taking order.; or soliciting orders for goods, services, wares or merchandise as defined in Section 64.21 upon any premises without a prior invitation from the occupant thereof if such premises is . posted against such solicitation by means of a notice prominently displayed on or near the main entrance to the premises or on or near any residence located thereon upon which is printed the legend: "NO SOLICITORS" (or words of similar import). C. Amend existing Section 6-4.9 m read as follows: 6.4.23. Failure to Leave Poses. No person shall engage in the acts specifirxi in Section 6-4.21 upon any premises after having been asked by the owner or occupant thereof to leave such premises. D.Amend existing Section 6-4.10 to read as follows: 64.24. Prohibited Practices. (1) Other than upon prior initiation of the occupant. the activities definod in Section 6-4.21 shall be prohibited prior to 9:00 a-im and after 6:00 p.m. (2) At the time of initial contact with a prospective cusoomer no person shall fail to verbally identify himself. (3) No person shall misrepresent his purpose or use any false, deceptive or misleading migepesentatitn to induce the sale or use any plan, scheme or ruse which tmsrepttsents the true status or mission of the person making the call.,". Section 3. Renumber enlisting Sections 6-4.15 and 6-4.16 of "Part C. BURGLAR AND ROBBERY ALARM ORDINANCE to 6-4.25 to 64.26. Delete existing Section 6-4.17. Section 4. Renumber existing Sections 6-4.18 and 64.19 of "Part D. REGISTRATION OF SECONDHAND PURCHASES" to 6-4.27 and 6-4.28. Section S. Add "PART E. VIOLATIONS AND PENALTIES" to read as follows: "PART E. VIOLATIONS AND PENALTIES 6-4.29. Violation. Any person violating this Ordinance shall be guilty of a m;~ot. JUL 31 '91 15:39 FROM CITY OF LANCASTER TO 918183079218 PAGE.007i009 Page 6 6.4.30. Penalty. In accordance with Chapter 2 of the Code, any person co Tbou=d nvicted of a misdemeanor shall be punished by a fine of not more than one eedin Dollars ($1,000) or itrptisontoent in the County Lail for a period not exceeding six (6) months, or both such fine and imprisonment. Fach day or a,ty portion thereof that a person violates any provision of this Otdittance shall constitute a separate offense.'. Section 6. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted or published in the manner required by law. PASSED, APPROVED and ADOPTED this day of , 1991 by the following vote: AYES: NOES: ABSENT: REV. HENRY W. HEARNS, Mayor City of Lancaster ATTEST: PATRICLA A. GAYLOR, Acting City Clerk City of Lancaster JUL 31 '91 15:39 FROM CITY OF LANCASTER TO 918183079218 PAGE.00e/009 AGENDA ITEM: _ 1 G DATE: S RESOLUTION NO, 91-96 A RESOLUTION OF THE CITY COUNCIL OF TFIE CITY OF LANCASTER. CALIFORNIA. DESIGNATING A.FEE SCHEDULE FOR BUSINESS LICENSES ISSUED UNDER THE CITY'S BUSINESS LICENSE ORDINANCE. WHEREAS, the City Council of the City of Lancaster has adopted Ordinance No. 566. amending Chapter 4 of Article VI of the Lancaster Municipal Code; and WHEREAS, each applicant for a business license is required to pay a fee upon application for the license unless exempt by the Ordinance; and WHEREAS, Section 6.4.6 of said Ordinance requires the City Council to establish the amount of the fee which shall cover the costs of processing an application for a business license: and WHEREAS, Sections 6.4.13 and 6-4.15 of said Ordinance require the City Council to establish the amount of the fee required for amendment of licenses and issuance of a duplicate license, respectively. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LANCASTER DOES HEREBY RESOLVE, DETERMINE, AND FIND AS FOLLOWS: Section 1. The amount of the business license fee required under Section 6-4.6 for an applicant shall be determined as follows: Number of Employees. Agents, Basic Ice se K=sentatives. or Tahconnactors $50.00 1-25 70.00 26-50 90.00 51-75 110.00 76 plus Section 2. The amount cf the business license fee required under 6-4.2 A. for the second and subsequent branch establishment shall be ten dollars ($10.00), with the understanding that all employees ate counted in the basic license fee for the main branch. Section 3. The amount of the fee tequircd under Sections 6-4.13 and 6-4.15 shall be ten dollars ($10.00). Section 4. Businesses having a franchise granted by the City will not be required to pay as the fee is presumed to be included in the franchise fees paid. Section 5. On or prior to July 1 of each year, the City Council may adjust the amount of the business license fee and fee for the duplicate license, according to the Consumer Price Index for California. JUL 31 '91 15:401 FROM CITY OF LANCASTER TO 918163079219 PAGE.009i009 RESOLUTION NO. 91-96 Business License Fee Schedule Page 2 PASSED, APPROVED, and ADOPTED by the Ciry Council of the City of Lancaster this day of 1991, by the following vote: AYES: NOES: ABSENT: REV. HENRY W- HEARNS, Mayor City of Lancaster PATRICIA K. GAYLOR, Acting City Cleric City of Lancaster TOTAL PAGE.009 *M wool* V. MATTERS FOR DISCUSSION & ACTION A. BUSINESS LICENSE ORDINANCE Mayor Imperial requested this on the agenda to be used for registration and regulation purposes only. Mr. Imperial cited problems with unscrupulous vendors and business practices and was concerned with serving the people and protecting their rights. Councilman Bruesch suggested that existing ordinances regarding vendors and peddlers be strengthened along with occupancy permits and also requested periodic updating of the business inventory taken last year. MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN BRUESCH that this ordinance not be considered at this time. Vote resulted: Yes: Bruesch, Taylor, Clark No: Imperial Absent: McDonald Abstain: None The Mayor declared said motion duly carried and so ordered. VI. STATUS REPORTS - None VII. MATTERS FROM OFFICIALS A. AB 3 (Brown) - REGIONAL GOVERNMENT LEGISLATION MOTION BY COUNCILMAN TAYLOR, SECOND BY COUNCILMAN BRUESCH that the Council oppose AB 3 (Brown) and authorize the Mayor to forward the appropriate correspondence. Vote resulted: Yes: Bruesch, Taylor, Imperial, Clark No: None Absent: McDonald Abstain: None The Mayor declared said motion duly carried and so ordered. B. COUNCILMAN TAYLOR 1. Asked staff for a report regarding Mary Redd's denial for housing assistance. 2. Reported an incident at the In-n-Out Burger and requested the following to be verbatim: TAYLOR: Another item that I had, Mr. Mayor. I had a little difficulty with a member of the Sheriff's Department on August the 2nd, a week ago Friday, up at the In-n-Out Burger on Rosemead Boulevard and I would ask that we get a written report back involving the three officers and I believe there was a woman ride-along with the sergeant that was there that night. I'm not happy with the attitude of the particular deputy. My son was pulling into the Burger King restaurant there and he was given a citation which whether he deserved it or not that will be evaluated but when I was...he asked me to come up there and the...I walked over to the deputy's car and the comment was he said first off do you have any questions and I said no. And then as I stood by the car there and his comment came back to me directly. He said in general terms that I don't want to have any attitude problem with you. And basically I hadn't discussed anything with him. So, due to that approach that he handled I had received complaints in the past about the deputies at In-n-out Burger. So, there was a sergeant involved. And that's basically it was as my son was in line ordering the hamburgers this particular deputy came over to the car and ordered him out of his Toyota pickup truck and he told his girlfriend to drive the truck and he had asked the officer basically what had happened, what was wrong. And he said come around CC 8-13-91 Page #5