Note: Prior ordinance history: Ord. 108.
Any person engaged in any business within the city must obtain a valid business registration permit issued pursuant to the provisions of this chapter. A separate business registration permit is required for each branch establishment or location of a business in the city. All mobile businesses must obtain a valid business registration permit. Issuance of a business registration permit does not authorize or legalize any business or business activity which violates any federal, state or local statute, ordinance, rule or regulation.
(Ord. 366 § 1 Exh. A, 2007)
A. 
Nothing in this chapter shall be deemed or construed to apply to any person, business or activity exempt by virtue of the Constitution, statutes or laws of the United States or the state from the requirement to obtain a permit or pay for a permit or an application, renewal, amendment or duplicate permit fee.
B. 
In addition, the following organizations, activities and persons are exempt from certain provisions of this chapter, as follows:
1. 
Nonprofit Organizations. An institution or organization that is exempt from the payment of federal income taxes under Subchapter F, commencing with Section 501, of Chapter 1 of Subtitle A of the Internal Revenue Code of 1986, as amended from time to time, or that is exempt from the payment of state income taxes under California Revenue and Taxation Code, Chapter 4, commencing with Section 23701, of Part 11 of Division 2, as amended from time to time. Exemption shall apply upon presentation of proof of nonprofit status.
2. 
Benefit, Charitable and Nonprofit Activities. Any entertainment, dance, concert, exhibition or lecture from which the gross receipts are to be donated to a nonprofit institution or organization described in subsection (B)(1) of this section, to the state, the county, the city or to any school or house of worship, is exempt from the requirements imposed by this chapter to obtain a permit and pay permit taxes, provided that profit, other than wages paid to employees of such institutions or organizations, is not derived from such activity, either directly or indirectly, by any person. The exemption set out in this subsection shall not apply to persons employed to promote benefit, charitable and nonprofit activities.
3. 
Independent City Contractors. Independent city contractors providing any work or service exclusively to the city and not to any person, business, or entity located in the city.
4. 
Individual vendors at a one day or two day special event, or at a sports tournament not exceeding four total days, within the city for which a temporary use permit or park rental permit has been issued.
5. 
Individual vendors at a city-permitted swap meet or farmers' market exempt from the requirement by the State Board of Equalization requirement for a seller's permit as "occasional sellers."
6. 
Sellers of only nontaxable food items at a city-permitted farmers' market.
7. 
Businesses physically located outside the city making a delivery within the city of goods purchased, including set-up and assembly, provided such set-up and assembly does not require a building permit pursuant to Title 15 of this code.
8. 
Businesses engaged in providing professional design work, including, but not limited to, architecture or landscape architecture services, provided such work does not involve on-site work within the city.
9. 
Landlords renting four or fewer residential units on any one site in the city, and 10 or fewer residential units citywide.
10. 
Real estate agents working as independent contractors from a real estate office that has a valid business registration with the city.
11. 
Door-to-door sales agents with a valid city street vendor permit working as independent contractors from a business that has a valid business registration with the city.
C. 
No person other than the permittee shall use any permit issued pursuant to this subsection.
D. 
No person shall purchase or transfer any permit issued pursuant to this subsection.
E. 
Businesses with a valid business registration permit for a store or service in the city do not need a separate business registration permit to operate as an individual vendor at city-permitted special events, swap meets, or farmers' markets.
(Ord. 417 § 1, 2013; Ord. 439 § 2, 2016)
As used in this chapter, the following words are defined:
"Applicant"
means the person desiring to engage in the business or such person's duly authorized representative.
"Business"
means professions, trades or occupations of all and every kind of calling which are engaged in for the purpose of earning, in whole or in part, a profit or livelihood, whether or not a profit or livelihood is actually earned, and whether paid for in money, goods, labor or otherwise including, but not limited to, professions, trades or occupations which do not have a fixed location within the city.
"Person"
means an individual, corporation, whether foreign or domestic, joint venture, association, partnership, estate or trust, or any combination thereof, acting as a unit and engaged in any business in the city other than as an employee.
(Ord. 366 § 1 Exh. A, 2007)
A. 
A business registration permit application must be filed with the community development director or designee or such other person authorized by the city manager upon a form provided by the city. The permit application shall not be deemed filed unless the form has been filled out completely and accurately by the applicant and accompanied by the filing fee established by city council resolution.
B. 
The application shall include, but not be limited to, the following:
1. 
Business name, business dba (doing business as), if any, business address and business telephone number and mailing address of the person who will engage in the business;
2. 
Name, title, business address and telephone number and mailing address of the applicant. If such person is a corporation, the name and address of each director and the name and address of each officer who is duly authorized to accept service of legal process;
3. 
Nature or type of business;
4. 
Such other and further information as the community development director or designee may deem necessary.
(Ord. 366 § 1 Exh. A, 2007)
A. 
The business registration permit shall be prepared and issued upon approval by the city manager or designee after a zoning clearance in accordance with Section 17.44.030 has been issued. The permit shall be deemed null and void if the permit application contained false or misleading information.
B. 
Each permit shall state upon the face thereof the following:
1. 
Business name or person's name to which the permit is issued;
2. 
Business type;
3. 
Business location;
4. 
Permit issuance date;
5. 
Permit expiration date;
6. 
Permit control number, unique to each permit;
7. 
Official city seal; and
8. 
Other information as the city manager or designee deems necessary.
(Ord. 366 § 1 Exh. A, 2007)
Prior to the issuance of a business registration permit the following businesses are subject to the additional requirements indicated below.
Business
Required Action
Adult Business Performer Permit
Compliance with Chapter 5.18. Table 17.20.060(A)(1), Sections 17.24.040(N) and 17.28.050
Bingo
Compliance with Chapter 5.24
Businesses Operated in a Home
Home Occupation Permit approval in accordance with Section 17.28.020 and payment of five years of business registration fee
Hotels and Motels
Compliance with Chapter 5.44
Massage Establishments and Massage Technicians
Compliance with Chapter 5.48
Pawnshops and Pawnbrokers
Compliance with Chapter 5.32
Peddlers, Vendors and other Mobile Businesses
Compliance with Chapter 5.64
Secondhand Dealers, Internet Secondhand Sales or Thrift Shops
Compliance with Chapter 5.32
Temporary Uses
Approval of a Temporary Use Permit in accordance with Section 17.44.040(A)
(Ord. 366 § 1 Exh. A, 2007)
A. 
Any addition or deletion of the name, telephone number or address of any business owner or change of the address at which a business is conducted is an amendment. A permit or application may be amended at the request of a permittee as long as the ownership of that business has not been transferred to a new owner or the business has not been terminated. The applicant shall pay the permit amendment fee at the time of requesting the amendment.
B. 
If a permittee files a sworn statement that a permit has been lost or destroyed, and pays the duplicate permit fee as established by city council resolution, the city may issue a duplicate permit.
(Ord. 366 § 1 Exh. A, 2007)
A. 
Nothing in this chapter shall be construed to prevent:
1. 
The disclosure of information to, or the examination of records and equipment by, a city official, employee or agent for the sole purpose of administering or enforcing any provisions of this chapter imposed hereunder;
2. 
The disclosure of information to, or the examination of records by, federal or state officials, or the officials of another city or county, or city and county, if a reciprocal arrangement exists, or to a grand jury or court of law upon subpoena;
3. 
The disclosure of the names and addresses of permittees and the general type or nature of their business, excluding the street addresses of residences other than those which are the place of businesses;
4. 
The disclosure to the city council, in a public meeting or otherwise, of facts concerning a matter to be acted on by the city council;
5. 
The disclosure of general statistics regarding business conducted in the city;
6. 
The disclosure of information and examination of records of any permittee who is a litigant in a lawsuit to which the city is a party and in which such information or records are relevant to the issues in the lawsuit; and
7. 
The disclosure to the extent otherwise required by law.
(Ord. 366 § 1 Exh. A, 2007)
A. 
Any permittee conducting business at a fixed place of business in the city must post the permit in a conspicuous public location at the place of business.
B. 
Any permittee conducting business, but not operating at a fixed place of business in the city, must keep the permit on his or her person at all times while conducting the business.
(Ord. 366 § 1 Exh. A, 2007)
A. 
If a person fails to pay the permit fee when due, the city shall add a penalty fee as established by city council resolution. This penalty shall be assessed on the first day of each month after the due date of the permit, up to a maximum of 50% of the amount of the permit fee due.
B. 
A permit shall not be issued for a business that at the time of application has a municipal code violation.
(Ord. 366 § 1 Exh. A, 2007)
Business registration permits shall be issued quarterly and shall be valid for one year from the date of issuance. Permits issued in other than the quarterly month, i.e., January, April, July and October, shall have the permit fee prorated for the remaining portion of the 12 months. Permits shall be renewed annually by filing the renewal permit application 30 calendar days prior to the expiration of the permit. Business registration permits for home occupations will be issued annually. A permittee shall not be entitled to a refund of any portion of the permit fee paid by reason of cessation of the business prior to the expiration of the permit period.
(Ord. 366 § 1 Exh. A, 2007)
Any person who violates any provision of, or fails to comply with any requirement of, this chapter is guilty of a misdemeanor/infraction and, upon conviction thereof, is subject to the penalties set forth in Chapter 1.16 of this code.
(Ord. 366 § 1 Exh. A, 2007)