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HomeMy WebLinkAbout30- City Clerk CITY OF SAN BE .4ARDINO - REQUEST r'OR COUNCIL ACTIOI I 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 24 25 26 27 28 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 t 12 13 / 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DAB:js[Certificate.Ord] ]1 March 6, 1995