HomeMy WebLinkAboutStaff Report 5239
CITY OF PALO ALTO OFFICE OF THE CITY CLERK
November 3, 2014
The Honorable City Council
Palo Alto, California
SECOND READING: Ordinance of the Council of the City of Palo Alto
Adding Chapter 4.60 to the Palo Alto Municipal Code Regarding
Business Registration Program (First Reading: October 6, 2014 Passed
8-0 Klein absent)
Attached is the second reading of the Business Registry Ordinance that was first passed on
October 6, 2014.
ATTACHMENTS:
Attachment A: Business Registry Ordinance (PDF)
Department Head: Donna Grider, City Clerk
Page 2
Not Yet Approved Ordinance No. _____ Ordinance of the Council of the City of Palo Alto Adding Chapter 4.60 to the Palo Alto Municipal Code Regarding Business Registration Program The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. Chapter 4.60 (Business Registration) is hereby added to Title 4 (Business Licenses and Regulations) of the Palo Alto Municipal Code to read as follows:
BUSINESS REGISTRATION PROGRAM
4.60.010 Purpose 4.60.020 Definitions 4.60.030 Business Registration Requirement 4.60.040 Exceptions from Business Registration 4.60.050 Fee Required 4.60.060 Application Procedures 4.60.070 Contents of Business Registration Certificate 4.60.080 Term and Annual Renewal of Business Registration 4.60.090 Refunds 4.60.100 Rules and Regulations 4.60.120 Penalties and Remedies
4.60.010 Purpose
The purpose of this chapter is to establish a regulatory mechanism to maintain an accurate record of businesses conducting business in the city in order (1) to develop recommendations on land uses; (2) to better coordinate transportation programs; (3) to assist in zoning compliance and (4) to gather statistical information for other city purposes. This chapter is not intended to apply to home based or transitory businesses.
4.60.020 Definitions
The following words, terms and phrases, when used in this chapter, shall have the meanings set forth in this section, except where the context clearly indicates a different meaning: (a) “Business” means any commercial enterprise, trade, calling, vocation, profession, occupation, or means of livelihood, whether or not carried on for gain or profit. (b) “Business registration certificate” means a written statement issued by the city to a business owner as evidence of registering a business in the city.
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Not Yet Approved (c) “Fixed place of business” means a place of business located in the city boundaries and occupied for the particular purpose of conducting business. (d) “Home based business” means a home occupation as defined in Section 18.04.030. (e) “Person” means and includes any business owner, individual, firm, co-partnership, joint venture, association, corporation, estate, business trust, or any other group or combination acting as a unit. (f) “Transitory business” means a business that is carried on for a short duration (such as pumpkin sales, special events, and filming) or a business that does not have a fixed place of business within Palo Alto (such as landscaping or construction contractors based in other cities).
4.60.030 Business Registration Requirement (a) No person shall conduct any business in a fixed place of business without first having obtained a business registration certificate, paid the applicable business registration fee and complied with all applicable provisions of this chapter. (b) The issuance of a business registration certificate under this chapter shall not excuse the business from complying with other applicable Code requirements. (c) A business registration certificate shall not be transferable. 4.60.040 Exemptions from Business Registration The following types of businesses are exempt from this chapter; (a) Home based business (b) Transitory business.
4.60.050 Fee Required (a) Every person engaging in business in the city shall pay a business registration fee as prescribed by resolution adopted by the city council. (b) The business registration fee is not a revenue raising device, but shall bear a reasonable relationship to the service to be performed by the city and the costs incurred by the city in reviewing, processing and acting upon the application. (c) The city council shall, from time to time, review the resolution fixing the business registration fee and may revoke, modify, adjust, add or determine any amount or rate of such business registration fee. 2 140930 jb 0131258 Rev. September 30, 2014
Not Yet Approved
4.60.060 Application Procedures Every person operating a business in the city shall apply to obtain a business registration certificate on a form prescribed by the city. Upon receipt of a completed application and any fee required, the city shall process the application and issue a business registration certificate. The application may be reviewed by other city departments or governmental agencies to determine if the business premises to be occupied meet the requirements of federal, state, and local laws.
4.60.070 Contents of Business Registration Certificate Upon receipt of a completed application and payment of the prescribed business registration fee, the city shall issue to the applicant a business registration certificate which shall contain the following: (1) Name of business; (2) Business location; (3) Expiration date; (4) Certificate Number; and (5) Such other information as deemed necessary by the city. A separate certificate may be obtained for each and every branch establishment or separate place of business in which a business is carried on.
4.60.080 Term and Annual Renewal of Business Registration (a) Term. A business registration certificate shall be effective for no more than one year. Unless otherwise specified, all certificates shall expire on March 31st. Business registration fees shall be due and payable annually in advance. (b) Renewal. Business registration certificates shall be renewed annually on a form prescribed by the City. Every application for the renewal of a certificate shall be made at least fifteen days prior to the expiration date of such license. Any person applying to renew a business registration shall submit to the city a completed renewal application and pay the renewal fee. (c) Alternative Periods. If deemed necessary, the city may establish alternative registration periods for businesses.
4.60.090 Refunds No business registration fees or penalties collected shall be refundable. 3 140930 jb 0131258 Rev. September 30, 2014
Not Yet Approved 4.60.100 Rules and Regulations
The City Manager may adopt rules and regulations from time to time to implement this chapter. Implementing rules and regulations shall not be inconsistent with the provisions of this chapter.
4.60.120 Penalties and Remedies (a) Penalties for delinquency. Any person engaging in business in the city that fails to secure a business registration certificate before commencing business in the city or fails to timely renew their license shall pay, in addition to the amount of the license fee, a penalty in an amount to be determined by ordinance or resolution. (b) Action to collect. If a business fails to comply with the fee requirements of this action, the City may refer the matter to a collection agency and/or the city attorney may file a civil action against any business. Notwithstanding subsection (a) of this section, should court action be required to collect any business registration fee and/or penalties, an additional penalty shall be charged equal to the cost incurred by the city for court action, including but not limited to reasonable attorney fees. All penalties shall be added to the business registration fee and shall become due and payable along with the delinquent business registration fee. (c) Remedies Cumulative. All remedies prescribed under this Chapter 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 of this Chapter. SECTION 2. Any provision of the Palo Alto Municipal Code inconsistent with the provisions of this chapter, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this chapter. SECTION 3. If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares that it would have adopted this chapter and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the chapter would be subsequently declared invalid or unconstitutional. SECTION 4. The Council finds that the adoption of this chapter is exempt from the provisions of the California Environmental Quality Act pursuant to CEQA Guideline section 15061 because it can be seen with certainty that there is no possibility that the project will have a significant effect on the environment and section 15378(b) (3) in that it involves creation of a governmental funding mechanism or other governmental fiscal activity that does not involve commitment to any specific project that may result in a potentially significant physical impact on the environment.
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Not Yet Approved SECTION 5. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ____________________________ ________________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ________________________________ Senior Assistant City Attorney City Manager
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