HomeMy WebLinkAbout30- City Clerk CITY OF SAN BE .4ARDINO - REQUEST r'OR COUNCIL ACTIOI
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From: Rachel Clark, City Clerk Subject: Ordinance of the City of San Bernardino
adding Sections 5.04.015D, 5.04.033,
Dept: City Clerk's Office and 5.04.075E, repealing Section
5.04.100, and amending Sections
Date: r?arch 14, 1995 5.04.525.B, 5.04.525.F and 5.04.615
Synopsis of Previous Council action:
Previously, ordinances have been presented to the camrrion Council for
authorization to amend certain portions of Title 5 of the Municipal Code.
F°`�'2'he last ordinance amending Title 5 was approved January 7, 1992.
Recommended motion:
That further reading of said ordinance be waived and that it be laid over
for final adoption.
Ti
Signature
Contact person: Lee Gagnon, Business Registration Supervisor Phone: 3200
Supporting data attached:Staff Report and ordinance Ward:
FUNDING REQUIREMENTS: Amount: -0-
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes: ����
STAFF REPORT
Recently we reviewed our Business Registration Ordinance to
determine if there were any changes that needed to be made to bring
our ordinance current with other cities and to clarify certain
language. During the process we surveyed eight cities to determine
if they had initiated code changes that we could incorporate. The
proposed ordinance is a culmination of our findings and the
recommended language changes are as follows:
1. Repeal Section 5.04. 100 and move the billboard business
classification into the gross receipts category of retail
services under municipal code Section 5. 04 . 525. The
current registration fee for billboard companies is based
upon $.40 per square foot of sign.
Fiscal Impact: The change would base the registration
fee on the gross receipts of the sign company which would
be more equitable and would permit the fee to fluctuate
based upon the income derived from sign revenues.
2 . Municipal Code Section 5. 04.525F would be amended to
remove the requirement for a two year term of the
registration and return the term to one year to
correspond with the term of all other registrations.
Administrative Impact: This will allow staff to have a
better handle on ownership changes. Also, will reduce
the amount of returned mail due to change of address or
forwarding orders expiring prior to two year renewal
cycle.
3 . Municipal Code Section 5. 04 . 615 - Separate Certificates
for Separate Locations, would be amended to add language
that, would not require registered businesses having
storage facilities at other locations within the City to
have those separate locations registered and pay a fee
when the storage facility is only used for storage and no
business transactions take place at these locations.
Administrative Impact: Housekeeping to further clarify
code.
4 . Amend 5. 04 . 015D - to add language which would specify
that the determination of which business or type or class
of business a business registration certificate holder or
an applicant is engaged in shall be an administrative
function of the City Clerk or his/her designee.
Administrative Impact: Clarification of administrative
procedures.
e
s
5. Add section 5. 04 . 033 - Refund of Unused Business
Registration Fee, which would set forth under what
conditions a refund for unused period of a business
registration would be granted.
Administrative Impact: Clarification of administrative
procedures.
6. Add Subsection E to Section 5. 04 . 075 to clarify the
responsibility of the business owner to obtain and pay
for a renewal registration certificate whether or not
such business owner has received a renewal notice from
the City.
Administrative Impact: Add language to Municipal Code to
coincide with statements on Business Registration
Certificates.
1 ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
5.04 OF THE SAN BERNARDINO MUNICIPAL CODE BY ADDING SECTIONS
3 5.04.015.D. , 5.04.033, AND 5.04.075.E. , REPEALING SECTION
5.04.100, AND BY AMENDING SECTIONS 5.04.525.B, 5.04.525.F, AND
4 5.04.615 RELATING TO BUSINESS REGISTRATION CERTIFICATES
5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
6
SECTION 1. Subsection D is hereby added to Section 5.04.015
7
of the San Bernardino Municipal Code to read as follows:
8
"D. The determination of which business or type
9
or class of business a business registration
10
certificate holder or an applicant is engaged in shall
11
be an administrative function of the City Clerk.
12
If a business registration certificate holder or
13
an applicant believes that his business is not
14
assigned to the proper classification under this
15
Chapter because of circumstances peculiar to it, as
16
distinguished from other businesses of the same kind,
17
he or she may apply in writing to the City Clerk for
18
reclassification. The application shall contain such
19
information as the City Clerk deems necessary in order
20
to determine whether the applicant's individual
21
business is properly classified.
22
The City Clerk shall then conduct an
23
investigation following which he or she shall assign
24
the applicant' s individual business to the
25
classification shown to be proper on the basis of the
26 investigation. The proper classification is the
27
classification which, in the opinion of the City Clerk
28
DAB:js[Certificate.0rd] 1 March 6. 1995
I most nearly fits the applicant ' s individual business.
2 The City Clerk shall notify the applicant of the
3 action taken on the application for reclassification.
4 Such notice shall be given by serving it personally or
5 by depositing it in the United States Post Office at
6 San Bernardino, California postage prepaid, addressed
7 to the applicant at his or her last known address. "
8 SECTION 2. Section 5.04.033 is hereby added to the San
9 Bernardino Municipal Code to read as follows:
10 "5.04.033 Refund of Unused Business Registration
11 Certificate
12 Where a certificate holder has ceased doing
13 business, a refund of an unused period of a business
14 registration certificate may be granted upon the
15 filing of a written request to the City Clerk within
16 a period of one ( 1 ) year after the date of payment of
17 the amount sought to be refunded; provided that any
18 refund shall be made on only unused full quarters
19 remaining until the end of the registration year and
20 shall not be made for any quarter in which the
21 business covered thereunder was conducted for any
22 period of time; provided further that no minimum or
23 flat rate registration fee shall be refunded.
24 'Quarters ' shall be determined on the basis of each
25 three full months from the date of the last
26 application or renewal application.
27 Such written request may be made only by the
28 person who made the payment, his or her guardian,
DAB:js[Certificate.Ord] 2
March 6, 1995
1 executor, administrator or heir. Refunds shall not be
2 made to an assignee of the written request.
3 In all cases, return of the original Business
4 Registration Certificate which covers the quarter(s)
5 for which the refund is being sought, shall be a
6 prerequisite to any refund. "
7 SECTION 3. Subsection E is hereby added to Section 5.04.075
8 of the San Bernardino Municipal Code to read as follows:
9 "E. It shall be the responsibility of each
10 Business Owner to obtain and pay for a renewal
11 registration certificate regardless of whether or not
12 such Business Owner has received a renewal notice from
13 the City. Any failure to receive such notice, for any
14 reason, shall not affect the applicability of
15 penalties of non-payment or late payment. "
16 SECTION 4. Section 5.04. 100 of the San Bernardino Municipal
17 Code is hereby repealed.
18 SECTION 5. Subsection B of Section 5.04. 525 is hereby
19 amended to read as follows:
20 "B. Retail Merchants (other than food) .
21 Every person, firm or corporation conducting,
22 managing or carrying on the business of selling at
retail any y goods, services, wares or merchandise other
24 than food which are not otherwise specifically covered
25 by other sections of this chapter, shall pay a fee
26 established by resolution of the Mayor and Common
27 Council.
28 'Retail merchants (other than food) ' for purposes
DAB:js[Certificate.Ord] 3 March 6. 1995
1 of this subsection shall include but not be limited to
2 the following businesses:
3 1. Advertising - Billposting or sign boards
4 2. Alarm Businesses
5 3. Alterations
6 4. Ambulance Service
7 5. Antiques
8 6. Armored Car Service
9 7. Art Studio or Gallery
10 8. Athletic Exhibitions
11 9. Barber and Beauty Supply
12 10. Bicycles
13 11. Boat Sales and Service
14 12. Book Store
15 13. Building Material Sales
16 14. Camper Sales
17 15. Carpet Sales
18 16. Check Cashing
19 17. Cleaning or Dyeing Establishments
20 18. Clothing Stores
21 19. Cold Storage Locker Rentals
22 20. Cosmetic Sales
23 21. Data Processing Services
24 22. Detective Agency
25 23. Dog Grooming
26 24. Drug Store
27 25. Electrical Appliance Sales and Service
28 26. Electrical Sign Enterprises
DAB:js[Certificate.0rd] 4 March 6, 1995
1 27. Equipment Rental
2 28. Film Processing
3 29 . Florists
4 30. Furniture Store
5 31 . General Merchandise Sales
6 32. Gift Shop
7 33. Graphic Arts
8 34. Guard Service
9 35. Hardware Store
10 36. Interior Decorating
11 37. Jewelry Store
12 38. Linen, Uniform Supply Services and Laundries
13 39. Medical Equipment Sales and Service
14 40. Mobile Home Sales
15 41. Music Store
16 42. Nursery (Plants)
17 43. Paint Store
18 44. Pest Control Service
19 45. Pet Store
20 46. Photographers
21 47. Physical Culture and Health Clubs
22 48. Private Post Office Service
23 49. Record Shop
24 50. Recycling Service
25 51. Repair Shops (General )
26 52. Roller Rink
27 53. Seasonal Athletic Events
28 54. Shoe Repair Shop
DAB:js[Certificate.0rd] 5 March 6, 1995
1 55. Shoe Shining or Polishing Stand
2 56. Shoe Store
3 57. Sporting Goods
4 58. Stock Car Racing
5 59. Swimming Pool Supplies and Equipment
6 60. Tanning Salon
7 61. Trade School
8 62. Travel Agency
9 63. Vehicle Leasing
10 64. Vehicle Repair Shop
11 65. Vehicle Wrecking
12 66. Welding Shop"
13 SECTION 6. Subsection F of Section 5.04. 525 is hereby
14 amended to read as follows:
15 "F. Commercial, Industrial and Residential
Rental or Leasing.
16
( 1 ) Every person, firm or corporation
17
conducting, managing, or carrying on the business of
18
leasing or renting commercial or industrial
19
building(s) , land or space( s) , where the building(s),
20
land or space(s) are to be utilized for any business
21
purpose including retail sales, offices and suites or
22
other business rentals including mini-storage; or
23
freight forwarding storehouse(s) and warehouse(s) ; or
24
operating hotel( s) , roomin house(s) , lod in house(s
) ,
25
boardinghouse(s) , apartment house( s) , court motel(s) ,
26 mobile home park( s ) ; or leasing or renting any
27 residential dwelling unit(s) including single family
28
DAB:js[Certificate.Ord] 6 March 6, 1995
1 home( s) shall obtain a Business Registration
2 Certificate and pay a fee established by resolution of
3 the Mayor and Common Council.
4 (2 ) All businesses which conduct, manage or
5 carry on the business of leasing or renting of
6 commercial or industrial building( s) , land or space( s)
7 which are to be utilized for any business purpose, are
8 required to furnish a list of tenants or lessees for
9 all such buildings to the City Clerk of the City of
10 San Bernardino. The list of tenants shall be included
11 with the Business Registration Certificate application
12 or renewal application of the management company.
13 (3 ) The intent of this Section is to require a
14 Business Registration Certificate for the business of
15 leasing or renting commercial or industrial
16 building(s) , for leasing or renting land, for leasing
17 or renting office(s) , suite(s) or other business
18 rental(s), and for leasing or renting dwelling
19 unit(s) .
20 (4) For the leasing or renting of dwelling
21 unit( s ) a separate Business Registration Certificate
22 shall be required for each legal parcel upon which the
23 rental unit(s) are located, unless the ownership of a
24 building is divided as provided in Government Code
25 566426 and §66427 as a condominium, community
26 apartment project or stock cooperative project, and
27 then a separate Business Registration Certificate
28 shall be required for each such division where the
DAB:js[Certificate.Ord] 7 March 6, 1995
I owner owns less than four (4) units in one complex.
2 Where the owner owns four (4 ) or more such units
3 located in the same complex only one Business
4 Registration Certificate shall be required. For the
5 purposes of this Section 'complex' shall mean the land
6 divided into condominiums, a community apartment
7 project, or a stock cooperative project with any
8 attendant common area and which is treated together as
9 unified whole.
10 It shall be presumptive evidence that a single
11 family dwelling is considered rented if the owner
12 fails to claim the homeowner's property tax exemption
13 annually applicable according to San Bernardino County
14 Tax Assessor's Records. Whenever an owner fails to
15 claim such exemption for any calendar year, it shall
16 be presumed that the properties were rented and
17 therefore subject to the business registration, unless
18 the owner establishes to the satisfaction of the City
19 Clerk that the premises were not rented, provided
20 however that the owner had not advertised or otherwise
21 held out property as being available for lease or rent
22 during that calendar year.
23 5. For the leasing or renting of commercial or
24 industrial building(s) , for the leasing or renting of
25 land, and for the leasing or renting of office(s) ,
26 suite(s) or other business rental(s) , a separate
27 Business Registration Certificate shall be required
28 for each legal parcel upon which the rental unit(s)
DAB:js[Certificate.Ord] $
March 6, 1995
1 are located, or for each building if such building is
2 located on more than one legal parcel . However where
3 the ownership of a building is divided as provided in
4 Government Code §66426 and 566427 as a condominium or
5 stock cooperative project then a separate Business
6 Registration Certificate shall be required for each
7 such division where the owner owns less than four (4)
8 units in one complex. Where the owner owns four (4)
9 or more such units located in the same complex only
10 one Business Registration Certificate shall be
11 required. 'Complex' shall have the same definition
12 as that in subdivision (4) above.
13 ( 6 ) It shall be unlawful for any property owner,
14 landlord, manager, or agent to demand, accept, receive
15 or retain any payment of rent if the unit for which
16 the rent is paid has not applied for and received a
17 Business Registration Certificate under this Section.
18 Any person violating any of the provisions or failing
19 to comply with any of the requirements of this Section
20 shall be guilty of a misdemeanor. "
21 SECTION 7. Section 5.04.615 is hereby amended to read as
22 follows:
23 "5.04. 615 Separate Certificates for Separate
Locations.
24
25 In the event any person, firm or corporation is
26 conducting, managing or carrying on two or more
businesses at separate locations, each location is for
27
28 the purpose of this article deemed a separate business
DAB:js[Certificate.Ord] 9 March 6, 1995
1 in computing and fixing the fee; provided, however,
2 that warehouses and distributing plants located in the
3 city used in connection with and incidental to a
4 business for which a registration certificate has been
5 issued to an address located within the city shall not
6 be deemed to be branch establishments or separate
7 locations; provided further that no business
8 transactions shall be carried on in such incidental or
9 supplemental warehouses or distributing plants. "
10 I HEREBY CERTIFY that the foregoing Ordinance was duly
11 adopted by the Mayor and Common Council of the City of San
12 Bernardino at a meeting thereof, held on the
13 day of 1995, by the following vote, to wit:
14 Council Members: AYES NAYS ABSTAIN ABSENT
15 NEGRETE
16 CURLIN
17 HERNANDEZ
18 OBERHELMAN
19 DEVLIN
20 POPE-LUDLAM
21 MILLER
22
23 City Clerk
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DAB:js[Certificate.Ord] 10 March 6, 1995
1 AN ORDINANCE. . .AMENDING CHAPTER 5.04 OF THE SAN BERNARDINO
2 MUNICIPAL CODE BY ADDING SECTIONS 5.04.015.D. , 5.04.033, AND
5.04.075.E. , REPEALING SECTION 5.04.100, AND BY AMENDING SECTIONS
3 5.04.525.B, 5.04.525.F, AND 5.04.615 RELATING TO BUSINESS
REGISTRATION CERTIFICATES
4 The foregoing Ordinance is hereby approved this day
5 of 1995.
6
7 Tom Minor, Mayor
8 City of San Bernardino
Approved as to form
9 and legal content:
10 JAMES F. PENMAN,
11 City Attorney
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DAB:js[Certificate.Ord] ]1
March 6, 1995