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HomeMy WebLinkAboutMC-935 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Effective:. May 18, 1995 ORDINANCE NO. MC-935 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 5.04 OF THE SAN BERNARDINO 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 5.04.525.B, 5.04.525.F, AND 5.04.615 RELATING TO BUSINESS REGISTRATION CERTIFICATES THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Subsection 0 is hereby added to Section 5.04.015 of the San Bernardino Municipal Code to read as follows: "D. 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. If a business registration certificate holder or an applicant believes that his business is not assigned to the proper classification under this Chapter because of circumstances peculiar to it, as distinguished from other businesses of the same kind, he or she may apply in writing to the City Clerk for reclassification. The application shall contain such information as the City Clerk deems necessary in order to determine whether the applicant's individual business is properly classified. The City Clerk shall then conduct an investigation following which he or she shall assign the applicant's individual business to the classification shown to be proper on the basis of the investigation. The proper classification is the classification which, in the opinion of the City Clerk DAB:js[Certificate.Ord] 1 March 6. 1995 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MC-935 most nearly fits the applicant's individual business. The City Clerk shall notify the applicant of the action taken on the application for reclassification. Such notice shall be given by serving it personally or by depositing it in the United States Post Office at San Bernardino, California postage prepaid, addressed to the applicant at his or her last known address." SECTION 2. Section 5.04.033 is hereby added to the San Bernardino Municipal Code to read as follows: "5.04.033 Refund of Unused Business Registration Certificate Where a certificate hOlder has ceased doing business, a refund of an unused period of a business registration certificate may be granted upon the filing of a written request to the City Clerk within a period of one (1) year after the date of payment of the amount sought to be refunded; provided that any refund shall be made on only unused full quarters remaining until the end of the registration year and shall not be made for any quarter in which the business covered thereunder was conducted for any period of time; provided further that no minimum or flat rate registration fee shall be refunded. 'Quarters' shall be determined on the basis of each three full months from the date of the last application or renewal application. Such written request may be made only by the person who made the payment, his or her guardian, DAB:js[Certificate.OrdJ 2 March 6. 1995 MC-935 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 prerequisi te 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 23 retail any 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) I for purposes DAB:js[Certificate.Ord] 3 March 6. 1995 MC-935, 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.Ord] 4 March 6. 1995 MC-935 1 27. 2 28. 3 29. 4 30. 5 31. 6 32. 7 33. 8 34. 9 35. 10 36. 11 37. 12 38. 13 39. 14 40. 15 41. 16 42. 17 43. 18 44. 19 45. 20 46. 21 47. 22 48. 23 49. 24 50. 25 51. 26 52. 27 53. 28 54. DAB:js[Certificate.Ord] Equipment Rental Film Processing Florists Furniture Store General Merchandise Sales Gift Shop Graphic Arts Guard Service Hardware Store Interior Decorating Jewelry Store Linen, Uniform Supply Services and Laundries Medical Equipment Sales and Service Mobile Home Sales Music Store Nursery (Plants) Paint Store Pest Control Service Pet Store Photographers Physical Culture and Health Clubs Private Post Office Service Record Shop Recycling Service Repair Shops (General) Roller Rink Seasonal Athletic Events Shoe Repair Shop 5 March 6. 1995 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MC-935 55. Shoe Shining or POlishing Stand 56. Shoe Store 57. Sporting Goods 58. Stock Car Racing 59. Swimming Pool Supplies and Equipment 60. Tanning Salon 61. Trade School 62. Travel Agency 63. Vehicle Leasing 64. Vehicle Repair Shop 65. Vehicle Wrecking 66. Welding Shop" SECTION 6. Subsection F of Section 5.04.525 is hereby amended to read as follows: "F. Commercial, Industrial and Residential Rental or Leasing. ( 1 ) Every firm or corporation person, conducting, managing, or carrying on the business of leasing renting commercial or industrial or building(s), land or spacers), where the building(s), land or spacers) are to be utilized for any business purpose including retail sales, offices and suites or other business rentals including mini-storage; or freight forwarding storehouse(s) and warehousers); or operating hotel(s), roominghouse(s), lodginghouse(s), boardinghouse(s), apartment house(s), court motel(s), mobile home parkes); or leasing or renting any residential dwelling unites) including single family DAB:js[Certificate.Ord] 6 March 6, 1995 MC-935 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 carryon 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 wi th 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 ~66426 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 MC-935 1 owner owns less than four (4) units in one complex. 2 Where the owner owns four ( 4 ) or more such uni ts 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 sui tee s) or other business rental (s), a separate 27 Business Registration Certificate shall be required 28 for each legal parcel upon which the rental unites) DAB:js[Certificate.Ord] 8 March 6, 1995 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MC-935 are located, or for each building if such building is located on more than one legal parcel. However where the ownership of a building is divided as provided in Government Code ~66426 and ~66427 as a condominium or stock cooperative project then a separate Business Registration Certificate shall be required for each such division where the owner owns less than four (4) units in one complex. Where the owner owns four (4) or more such units located in the same complex only one Business Registration Certificate shall be required. 'Complex' shall have the same definition as that in subdivision (4) above. (6) It shall be unlawful for any property owner, landlord, manager, or agent to demand, accept, receive or retain any payment of rent if the unit for which the rent is paid has not applied for and received a Business Registration Certificate under this Section. Any person violating any of the provisions or failing to comply with any of the requirements of this Section shall be guilty of a misdemeanor." SECTION 7. Section 5.04.615 is hereby amended to read as follows: "5.04.615 Separate Certificates Locations. for Separate In the event any person, firm or corporation is conducting, managing or carrying on two or more businesses at separate locations, each location is for the purpose of this article deemed a separate business DAB:js[Certificate.Ordl 9 March 6. 1995 MC-935 1 in computing and fixing the fee; provided, however, 2 that warehouses and distributing plants located in the 3 ci ty 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 reqular meeting thereof, held on the 17th 13 day of April , 1995, by the following vote, to wit: 14 Council Members: 15 NEGRETE 16 CURLIN 17 HERNANDEZ 18 OBERHELMAN 19 DEVLIN 20 POPE-LUDLAM 21 MILLER 22 23 24 25 26 27 28 DAB:js[Certificate.Ord] 10 March 6. 1995 j 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . MC-935 AN ORDINANCE...AMENDING CHAPTER 5.04 OF THE SAN BERNARDINO 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 5.04.525.B, 5.04.525.F, AND 5.04.615 RELATING TO BUSINESS REGISTRATION CERTIFICATES The foregoing Ordinance is hereby approved this ~day of April , 1995. o Rfr\-J1;(At~ Tom Minor, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: U~-1~~v... DAB:js[Certificate.Ord] 11 March 6. 1995