A. 
This chapter is enacted for the purpose of providing an inventory of commercial activities conducted within the City; a method of determining compliance with safety regulations imposed on commercial activities within the City; and a mechanism whereby owners of commercial activities can be identified and notified by City officials.
B. 
Unless otherwise expressly exempted, it is unlawful for any person to commence, conduct, manage, (participate in, advertise or sponsor) a commercial activity within the City without concurrently having a valid business registration certificate from the City.
C. 
Notwithstanding the provisions of this chapter, proposed activities shall be subject to zoning regulations and coastal development requirements, pursuant to Title 30 of this Code.
(Ord. 92-34; Ord. 94-06; Ord. 2023-04)
For the purpose of this chapter, the following words and phrases shall have the meaning set forth:
"Commercial activity"
means all manner of commercial activity, to include, without limitation, professions, trades, occupations and callings, whether or not carried on for profit. "Commercial activity" does not include:
1. 
Those activities which are not likely to exceed $5,000.00 in gross annual revenue and involve no more than a single or occasional act within the City.
2. 
A single act.
"Notice"
includes notice to a responsible employee or agent of the person conducting the activity.
"Person"
includes, without limitation, an individual, association, domestic and foreign corporations, syndicates, joint stock corporations, partnerships, club, common law trust, or society.
(Ord. 92-34; Ord. 94-06; Ord. 2023-04)
A. 
This chapter shall not be construed to require any person to obtain a business registration certificate prior to conducting a commercial activity within the City if the requirement conflicts with applicable statutes of the United States or the State of California.
B. 
Any person claiming an exemption pursuant to the provisions of this chapter shall file a signed statement with the City Clerk stating the facts upon which the exemption is claimed. In the absence of such statement substantiating the claim, such person shall be liable for the obligations imposed by this chapter.
C. 
Upon a proper showing contained in a signed statement, the City Clerk, or designee, whether the person is entitled to the claimed exemption.
D. 
Upon the giving of notice and a reasonable opportunity to respond, the City Clerk may revoke an exemption granted in accordance with this chapter upon a finding that the activity is not entitled to the exemption.
(Ord. 92-34; Ord. 94-06; Ord. 2003-04; Ord. 2023-04)
Fees for this chapter may be imposed as follows:
A. 
An application fee based upon the City's costs in processing applications, to include required inspections; payable at the time of application.
B. 
A certificate replacement fee based upon the City's costs in replacing a lost or destroyed certificate; payable at the time of application.
C. 
A certificate renewal fee based upon the City's costs in processing the renewal application; payable at the time of the application.
(Ord. 92-34; Ord. 94-06; Ord. 2023-04)
The City Manager or designee is the issuing authority for a business registration certificate.
(Ord. 92-34; Ord. 94-06; Ord. 2003-04; Ord. 2020-15; Ord. 2023-04)
A. 
The City Clerk shall prepare and have available application forms calling for such information as is necessary to accomplish the purposes of this chapter.
B. 
A separate certificate shall be applied for and a separate fee shall be paid for each branch establishment or location of the commercial activity to be transacted or carried on.
C. 
A separate certificate shall be applied for and a separate fee shall be paid for by each separate operator of each separate type of commercial activity to be transacted or carried on at the same location.
D. 
Applications for an initial, renewal or replacement certificate shall be submitted under penalty of perjury to the office of the City Clerk.
E. 
If the application is submitted by an agent, then the agent shall file (with the application) written statement that the principal has authorized the agent to apply for the certificate on the principal's behalf.
F. 
In the event that the application is made for the issuance of a certificate to a person doing business under a fictitious name, the full name, phone number and place of residence of the principal owner of the business or persons responsible shall be provided.
G. 
In the event that the application is made for the issuance of a certificate to a corporation, partnership, organization, association, syndicate or any other joint venture not identified in subsection E or F of this section, the full name, phone number and place of residence of the principal owner or responsible person shall be provided.
H. 
The applicant shall furnish a signed statement setting forth, without limitation, the following information:
1. 
The exact nature or kind of commercial activity for which a certificate is requested;
2. 
The place where such commercial activity is to be carried on, and if the same is not to be carried on at any permanent site, then a description of the route or temporary location; and
3. 
The full name, day and night phone number, and the place of residence of the principal owner, business owner or on-site manager of the commercial activity.
(Ord. 92-34; Ord. 94-06; Ord. 2003-04; Ord. 2023-04)
The issuing authority shall issue a business registration certificate unless one or more of the following conditions is found to exist:
A. 
A complete application has not been submitted;
B. 
The fee has not been paid;
C. 
The proposed commercial activity does not comply with an applicable provision of state law, regulation, this Code or other applicable regulations imposed on the commercial activity within the City.
(Ord. 92-34; Ord. 94-06; Ord. 2023-04)
A. 
A certificate issued under this chapter may be revoked or suspended by the issuing authority on any the following grounds:
1. 
Where said issuing officer has found and determined that the preservation of the public health, safety, peace and welfare necessitate revocation of said certificate.
2. 
Where the certificate holder or permittee has violated or has failed to comply with any applicable provisions of state law, regulation, this Code or other applicable regulation imposed on the commercial activity within the City, or order of the Health Officer or the Emergency Services Director.
3. 
Where a certificate or permit has been granted on false or fraudulent evidence, testimony, or application.
4. 
Where the certificate holder or permittee has violated the terms and provisions of said certificate or permit.
5. 
Where, if required by other provision of this Code, the applicant or permittee has failed to cure the noncompliance or other basis for revocation or suspension after having been given notice thereof and an opportunity to cure.
B. 
Certificate holder or permittee entitled to hearing prior to revocation or suspension.
1. 
No certificate shall be revoked or suspended until said permittee has had an opportunity for a hearing before the issuing officer.
2. 
Written notice of the revocation or suspension, the reasons therefore and the requirement to request a hearing shall be given by certified mail to a certificate holder or permittee's last known mailing address or by such other method reasonably calculated to provide notice.
3. 
The revocation or suspension shall be final and effective after 10 calendar days following the date of mailing set forth in subsection (B)(2), unless the certificate holder or permittee files an application for a hearing with the City Clerk prior to such effective date. There shall be no cost to the certificate holder or permittee for such a hearing under this section.
4. 
Except as otherwise provided in subsection (B)(5) the hearing should be commenced within 30 calendar days of the filing of an application for hearing. Hearings conducted pursuant to this section shall be open to the public, shall not be conducted according to the technical or traditional rules relating to evidence, and shall provide, personally or by counsel or both, an opportunity for certificate holder or permittee to defend and present evidence on their behalf. At least 10 calendar days prior to the hearing, certificate holder or permittee shall be provided with any documentation upon which the revocation or suspension is based. Following the close of the hearing the issuing officer shall within 30 days render a written decision whether or not to impose revocation or suspension.
5. 
Notwithstanding the foregoing, the issuing officer may suspend, pending a hearing, any certificate or permit where it has been determined by said official that an immediate suspension of the business tax registration certificate or permit is necessary for the protection of the public health, safety, peace and welfare. In the event of such a suspension, the issuing officer shall, within 12 hours after said suspension, cause to be served upon said business or permittee a written statement containing the grounds for said suspension, any written documentation upon which the revocation is based and a notice of hearing to show cause before the issuing officer why said permit should not be permanently revoked or suspended, which said hearing shall be commenced no later than five calendar days following the service of said notice unless the parties thereto agree otherwise, and thereafter followed by a written decision pursuant to subsection (B)(4).
(Ord. 2023-04)
Appeals from a decision of the issuing officer to deny, revoke or suspend a certificate or permit may be made by the applicant for or holder of a certificate or permit and shall be made in accordance with the procedures of Chapter 1.12 of this Code.
(Ord. 92-34; Ord. 94-06; Ord. 2023-04)
Unless otherwise expressly provided, all business registration certificates issued pursuant to this chapter shall expire 365 days after issuance.
(Ord. 92-34; Ord. 94-06; Ord. 2023-04)
A. 
Posting of Certificate. Every person carrying on a commercial activity at a fixed place of business within the City shall keep the certificate posted, while in force, in some conspicuous place upon the premises where the commercial activity is carried on.
B. 
Carrying Certificate. Every person carrying on a commercial activity but not operating at a fixed place of business within the City shall keep the certificate or a copy thereof available at all times while carrying on the commercial activity for which it is issued.
C. 
Exhibiting Certificate Upon Request. Every person carrying on a commercial activity within the City shall produce and exhibit the certificate whenever requested to do so by any officer or employee of the City.
(Ord. 92-34; Ord. 94-06; Ord. 2003-04; Ord. 2023-04)
A violation of this chapter is punishable pursuant to the provisions of this title and Chapter 1.08.
(Ord. 2023-04)