Ord 1160RDINANCE ND. 116
AN ORDINANCE OF THE CITY OF POP,AY, CAT.TFORNIA
REQUIRING BUSINESSES IN THE CITY RI) R~SI$~r~
IN ORDER RD OOhDUCT OR
TRANSACT BUSINESS WITHIN THE CITY OF i~)~AY
THE CITY OOUNCIL OF THE CITY OF ~O~AY DOES ORDAIN AS FOT.TOWS:
Section 1. FJRP0SE.
This ordinance is enacted for the purpose of protecting the public
interest, health, welfare and safety by providing a means to ensure that all new
and existing businesses in the City are made aware of and ~onform to all City
zoning, fire and public safety ordinances, rules and regulations by requiring
them to register and procure a certificate from the City. The ordinance is also
intended to protect the interests of legitimate businesses in the City from
unfair competition with businesses operating in violation of Federal, State and
local laws. This ordinance is not intended to impose any form of taxation on
the business co~m'~nity nor to collect in fees m~re money than is necessary to
recover the administrative costs of processing an application for the issuance
or rene~l of a business certificate.
Section 2. _~RTIFICATE REQUIiI~D.
It shall be unlawful for any person to transact and carry on any business,
trade, profession, calling or occupation within the City without first having
procured a certificate from the City to do so, or without cool, lying with any and
all applicable provisions of this ordinance.
Section 3. CERTIFICATE REQUIR]~) FOR BRANCH OFFICES ASD FOR EACH BUSINVSS DOING
BUSINESS IN THE SAME LOCATION.
A separate certificate must be obtained for each branch ese~hlishment or
location of the business transacted and carried on and for each separate type of
business at the same location. Each certificate shall authorize the holder to
transact and carry on only the business certified at a given location. Any
changes in the type or character of the business will require the certificate
holder to submit an application for a new certificate.
Section 4. 5VID~qCE OF DOING BUSINESS.
When any person shall by use of signs, circulars, cards, telephone book, or
newspapers, advertise or otherwise represent that the person is in business in
the City, or when any person holds an active certificate or permit issued by a
governmental agency indicating that the person is in business in the City, and
such person fails to deny on a s~orn statement provided by the City that the
person is not conducting business in the City, then these facts shall be con-
sidered prima facie evidence that the person is conducting a business in the
City and a certificate will be required unless the business is excluded in
Section 5 of this ordinance.
Ordinance No. 116
Page 2
Section 5. EXE~TION.
The ordinance shall not require that churches, civic groups, service clubs
or social organizations, day care centers, apartments and similar property
management businesses that do not operate out of a fixed office, casual %Drkers
such as babysitters, tutors, piano teachers or the like he required to obtain a
certificate. Businesses that are required to obtain a solicitors permit or that
are required to obtain a home occupation permit are also exempt from this
ordinance.
Section 6. EXEMPTION TO ~'~m~S.
A. Charity_ ble Organizations.
Charitable organizations m~cting the conditions listed below shall be exempt
from the payment of the certificate fee but are still required to obtain a
business registration certificate. The payment of the certificate fee will
not be required: 1) to conduct, manage or carry on any business, occupation
or activity from any institution or organization which is conducted, managed
or carried on wholly for the benefit of charitable purposes or from which
profit is not derived, either directly or indirectly, by any individual,
firm, or corporation; 2) for the occasional conducting of any entertainment,
concert, exhibition or lecture on scientific, historical, literary, reli-
gious or moral subjects within the City, whenever the receipts of any such
event are to be appropriated to any church or school or to any religious or
benevolent purpose by a tax exempt nonprofit organization; 3) for the con-
ducting of any occasional entertainment, dance, concert, exhibition or lec-
ture by any religious, charitable, fraternal education, federal, state,
county or r~unicipal organization or association, whenever the receipts of
any such entertairm~nt, dance, concert, exhibition or lecture are to be
appropriated for the purpose for which such organization or association was
formed, and from which a profit is not derived, either directly or
indirectly by an individual, firm or corporation. However, nothing in this
section shall be deemed to exempt any person, association, organization,
institution, firm or corporation from complying with the provisions of this
or any ordinance of the City requiring that a certificate, license or permit
he obtained to conduct, n~nage or carry on any profession, trade, calling or
occupation.
B. fbnstitutional or Statutes of the united States or of the State of
California.
Nothing in the ordinance shall he deemed or construed to apply to any person
transacting and carrying on any business exempt by virtue of the constitu-
tion or applicable statutes of the United States or of the State of
California from the payment of fees to a ~unicipal corporation. NOr will a
certificate be required of any such business.
Ordinance No. 116
Page 3
C. Claim for Exemptions.
Any person claiming an exemption pur~,ant to this section shall file a
verified statement, on a form provided by the City, stating the facts upon
which the exemption is claimed___.
D. Certificate.
The City shall, upon a proper showing Gontained in the verified statement,
issue a certificate to such person claiming an exemption under Section 6(A),
without requiring the payment of a fee.
Section 7. ~IFICATE APPLICATION-(DNTENTS.
Every person, association, organization, institution, firm or corporation
required to have a certificate under the provisions of this ordinance shall make
application to the City on a form provided by the City. The minimal inforzation
required on the application form shall be:
1. the name of the person to whom the certificate is to be issued;
2. the nam~ of the business;
3. the specific type or types of business to be conducted;
4. the mailing address of the business;
5. the place where the business is to be transacted and carried on;
the name, telephone number and address of the person to notify in
the event of an emergency;
whether hazardous materials or chemicals will be stored at the
business location to the extent permited within the Hazardous
Materials Ordinance; and
8. the business' State Board of Equalization Resale License number if
a resale license is required by the State Board of Equalization.
The information requested by questions 6 and 8 shall be considered confidential
and shall not be made available to the public.
Section 8. C~{TIFICATE FEE.
At the time of application for a business certificate the City shall require
the applicant to pay a fee for the processing of said certificate. No portion
of this fee shall include the cost of any inspections, investigations or other
functions required prior to the original enactment of this ordinance.
Ordinance bb. 116
Page 4
Section 8. CERTIFICATE FEE.
At the time of application for a business certificate the City shall require
the applicant to pay a fee for the processing of said certificate. No portion
of this fee shall include the cost of any inspections, investigations or other
functions required prior to the original enactment of this ordinance.
A. New Certificate Application Fee.
A person applying for a certificate for a new business, whether the business
is new to the City, or an existing business which has changed location,
ownership, or type of business, shall be required to pay a fee of $8.00
which is intended to recover the cost of processing the application.
B. Renewal of Certificate.
A person who is applying for the renewal of an existing certificate, and the
business has not changed in ownership, location or type of business, shall
be required to pay a fee of $6.00 which is intended to recover the cost of
processing the application.
C. Exemption For Secor~_~ry Professional Operating From A Primary Business.
A beautician, barber, accountant, real estate licensee, doctor, dentist or
any similar type of professional person who is in business for themselves,
and uses space in a business office area that has ~cn issued a certificate
for the primary business conducting the same type of business shall not be
required to have a separate certificate. However, anytime that it is
necessary to revise the primary business by: 1) structurally modifying the
interior or exterior of the building that ~Duld require the iss,,ance of a
building permit; 2) changing the name of the business; or 3) the signage to
provide for the seco~4ary businesses operation, the holder of the primary
certificate must apply for a new certificate. No additional fees shall be
charged for the new certificate.
Section 9. OONSTITUTIONAL APPORTIOh~T.
None of the fees imposed by this ordinance shall be so applied as to occa-
sion an undue burden upon interstate co~.,.erce or be violative of the equal pro-
tection and due process clauses of the constitutions of the United States and
the State of California.
In any case where a fee imposed by this ordinance is believed by a cer-
tificate holder or applicant for a certificate to place an undue burden upon
interstate co~uerce or be violative of such constitutional clauses, the appli-
cant my apply to the City Oouncil for an adjustment of the fee. Such applica-
tion my be made before, at, or within six months after palarent of the
prescribed fee. The decision of the City ~ouncil shall be final.
Ordinance No. 116
Page 5
Section 10. ISSUANCE OF CERTIFICATE.
No certificate shall be issued until an application for a certificate has
been completed and filed with the City, all certificate fees are paid, and all
City officers or departments required to investigate the application or inspect
the premises or facilities to be occupied or used, have approved of such
issuance. However, the City shall make every attempt practicable to complete
any investigation or inspection within ten (10) ~Drking days of receipt of the
application. If a certificate is not issued within ten (10) ~Drking days of the
receipt of the application, the applicant shall be informed of the reason or
reasons why the certificate has not yet been issued or will not be issued.
The issuance of a certificate shall not be deemed as evidence that a person,
association, organization, institution, firm or corporation operating a business
in the City is in fact in compliance with all ordinance rules or regulations of
the City or that they have applied for or have bccn issued all permits or licen-
ses which otherwise may be required.
Section 11. II~ESTIGATION ASD INSPECTION PROCEDURE.
All applications for a certificate shall be investigated and certified in
accoraance with the following guidelines.
A. Applications for New Certificate.
Each application for a new certificate shall be investigated and certified
as noted below. The City shall make every attempt practicable to complete
all required investigations within ten (10) %Drking days of the receipt of
an application.
(1) The Department of Planning Services must certify that:
(a) the business and its location comply with the zoning develop-
ment of the City of Poway.
(b) the business and its location is a lawful use under the laws
of the State of California; and
(c) all buildings of the business have ~-cn issued certificates
of occupancy.
(2)
The Fire Prevention Division of the Department of Safety Services
must certify that the structures of the business are lawfully
constructed pursuant to the fire, zoning and land use ordinance of
the City of Poway.
Ordinance No. 116
Page 6
B. A~plications for Renewal of an Existing Certificate
Each application for renewal of a certificate shall be processed as
fo llows:
(1)
The Customer Services Division of the Administrative Services
Department shall receive the application and review it to deter-
mine if any changes exist which may require the review of any
other department agency or official. If a review is felt
necessary, the application shall be forwarded to the appropriate
department agency and/or officials for their review.
Section 12. DENIAL OF C~qTIFICATE.
Any person denied a certificate shall be fully advised, in writing of the
grounds for such denial.
Section 13. APPFAL OF D~IAL.
Any person aggrieved by the decision of an _a~inistrative officer or agency
with respect to the issuance or refusal to issue a certificate, may appeal that
decision to the City Manager within thirty (30) caler~ar days of the date of the
denial or the date of the iss,,ance of the certificate. The appeal must be in
writing and filed with the City Clerk. Following the filing of an appeal, the
City Manager or designee must notify the appellant of a time and place for a
hearing to review the appeal. The hearing shall be held within ten (10) ~Drking
days of the date of the filing of the appeal. Following the hearing the City
Manager must notify the appellant of the decision in writing within fifteen (15)
calen4~r days.
If the person is not satisfied with the decision of the City Manager, the
person may appeal to the City ODuncil within thirty (30) calendar days of
receipt of the notice of the City Manager's decision by filing a written appeal
with the City Clerk. The City Clerk shall fix a time and place for hearing the
appeal within thirty (30) caleD~r days of the filing of the appeal and provide
the appellant with sufficient notice by serving the appellant perso~a] ly or by
sending the notice by registered mail addressed to the appellant at the last
known address. The City O0uncil shall have the authority to determine all
questions raised on appeal.
Section 14. TERM OF C~TIFICATE.
A. Certificates for New Businesses.
Certificates for new businesses, whether new to the City or resulting
from a change of ownership, location or type of business, shall be
issued for a maximum term of twenty-four (24) months or until a renewal
of the certificate is required in accordance with the schedule shown in
subsection B.
Ordinance No. 116
Page 7
Renewal of Existing Certificate.
All certificates which are renewed shall be valid for a twenty-four
(24) m~nth term unless otherwise revoked. Certificates shall be
required to be renewed on the basis of the following schedule as deter-
mined by the first letter in the name of the business so that approxi-
mately one fourth of the certificates in the City are subject to
renewal at the beginning of each quarter year in any odd numbered
year.
First Letter in Business Name
Certificate Renewal Date
A- F January 1
G - L April 1
M- R July 1
S - Z October 1
If a certificate is scheduled for renewal less than sixty (60) days after
its date of iss,~ance, the renewal fee shall be w~ived and any further investiga-
tion or inspection may be w~ived at the discretion of the Customer Services
Manager provided that there has ~cn no major change in the operation of the
business and the application has been completed and filed with the City on a
timely basis.
Notices for renewal shall be mailed by the City to all businesses at least
thirty (30) caler~ar days prior to the date of the renewal.
Section 15. CERTIFICA'i'~3 I~)NTRANSFERABLE OR N~ABLE.
No certificate issued pursuant to this ordinance shall be transferable or
refur~_~ _~hle.
Section 16. DUPLICATE C~TIFICATE.
A duplicate certificate may be issued by the City to replace any certificate
previously issued hereunder which has ~n lost or destroyed, upon the cer-
tificate holder filing an affidavit attesting to such fact, and at the time of
filing such affidavit, paying a duplicate certificate fee equal to the fee
established for a certificate renewal.
Section 17. POSTINS A~ KR~.PING C~RTIFICATES.
All certificates must be kept and posted in the following manner:
(1)
Any certificate holder transacting or carrying on business at a
fixed place of business in the City shall keep the certificate
posted in a conspicuous place upon the premises where such busi-
ness is carried on or must have the certificate i~rediately
available for inspection upon request;
Ordinance No. 116
Page 8
(2)
Any certificate holder transacting or carrying on business but not
operating at a fixed place of business shall kccp the certificate
i~rediately available at all times while transacting and carrying
on business within the City.
Section 18.
PENALTIES FOR FAILURE TO APPLY FOR A c~f~IFICATE OR FOR NOT
HAVING A ~ CERTIFICATE.
Any person who fails to apply for and receive a certificate prior to the
start of business, or has not applied for the renewal of an existing certificate
prior to expiration of the certificate shall be assessed a penalty fee not to
exceed t~D hundred fifty dollars ($250).
Section 19. P~qALTY FOR VIOLATION.
If a person fails to file for a certificate as herein provided within thirty
(30) caleb_ar days after being informed to do so, or fails to pay the fee noted
in Section 8, or violates any of the other provisions of this ordinance, or
knowingly or intentionally misrepresents any material facts to any officer or
employee of the City in procuring the certificate herein provided, or continues
to operate a business after the business registration certificate has bccn
revoked, the person shall be deemed guilty of a misd~nor, and upon conviction
thereof, shall be punish_able by a fine not to exceed five hundred dollars ($500)
or by confinement in jail not to ex~ six (6) months or by both such fine and
conf inen~nt.
Section 20. RIGHT TO REVOKE.
Every certificate granted under this ordinance is granted and accepted by
all parties with the express understanding that the City Oouncil may revoke the
certificate if it is in the best interest of the health, welfare and safety of
the public to do so and grounds for such revocation exist as noted in Section
21.
Before a certificate may be revoked the City ODuncil must hold a public hearing
with the notice of the time and place of the public hearing and the reason or
reasons for the hearing given to the certificate holder.
Section 21. (~%OUbDS FOR DEN~AL OR REVOCATION OF tmafrIFICATES.
A certificate required by this ordinance x~y be denied or revoked pursuant
to this ordinance, only upon one or more of the following grounds:
(1) proper application as prescribed in this ordinance has not ~n
made or information submitted has bccn falsified; or
Ordinance No. 116
Page 9
(2) the prescribed fee for such certificate has not been paid; or
(3) delinquent certificate fees have not ~cn paid; or
(4) the conduct of the business is contrary to local, state or federal
law.
Section 22. EFF~C~ OF ORDINANCE ON EXISTING BUSINESS.
This ordinance is not intended to apply to any business that is operating
from a permanent location in the City of Powmy, on the effective date of the
ordinance, until the year 1985. Each business that was operating from a per-
manent location, on the effective date of the ordinance, will he required to
have obtained a certificate by the date noted below:
First Letter in Business Name Certificate Renewal Date
A-F
G-L
M-R
S-Z
January 1, 1985
April 1, 1985
July 1, 1985
October 1, 1985
Section 23. SEV~RABILITY.
If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the deci-
sion of any court or competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this ordinance. The City O~uncil of the
City of Poway hereby declares that it w~uld have adopted this ordinance and each
section, subsection, sentence, clause, phrase or portion thereof, irrespective
of the fact that any one or more sections, subsections, clauses, phrases, or
portions be declared invalid or unconstitutional.
Section 24. DEFINITIONS.
BUSINESS, as used in this ordinance, means professions, trades and occupations
and all and every kind of calling whether or not carried on for a profit.
CITY., as used in this ordinance, shall mean the City of Poway, a municipal cor-
poration of the State of California.
CIVIC GNDUPS, S~RVICE CLL~S~ SOCIAL O~ZATIONS, for the purpose of this ordi-
nance shall roman a group, club or organization that is not engaged in any pro-
fession, trade calling or occupation but is organized to provide civic, service
or social activities in the City of Poway. E~amples of such organizations may
include, but is not limited to, the Green Valley Civic Association;
Soroptomists; Kiwanis; Lions; Rotary; American Legion; children and adult
athletic organizations; and similar types of groups, clubs or organizations.
Ordinance No. 116
Page 10
OOCASIONAL, as used in this ordinance, means less than once each quarter of a
year.
PERSON, as used in this ordinance, me~ns all domestic and foreign corporations,
associations, syndicates, ~oint stock corporations, partnership of every kind,
clubs, Massachusetts trusts, business trusts or con, on law trusts, societies,
and individuals transacting and carrying on any business in the City of Pow~y.
PROFESSION, as used in this ordinance, shall mean doctors, dentists, attorneys,
accountants, real estate licensee, beauticians, barbers or any other occupation
or calling requiring a specialized knowledge and a license to practice their
profession.
S~DRN STATEMENT, as used in this ordinance, shall mean an affidavit s~orn before
a person authorized to take oaths, or a declaration or certification made under
penalty of perjury.
Section 25. EFFECTIVE DATE.
This ordinance shall take effect thirty (30) days after the date of its
adoption, and prior to the expiration of fifteen (15) days from the passage
thereof it shall he published at least once in the Pow~y News Chieftain., a
newspaper of general circulation, published and circulated in the City of Poway
and thenceforth and thereafter the same shall be in full force and effect.
Introduced and first read at a regular ~ting of the City Oouncil of the
City of Pow-ay held the 8th day of November, 1983, and thereafter PASSED
ADOPTED at a regular meeting of said City Council held the 15th day of November,
1983, by the following roll call vote:
AYES: (DUNCIL~_~ERS: EMERY, KRUSE, SHEPARDSON, TARZY, ORAVEC
bi)ES: ODUNCII/4F2~ERS: NONE
(DUNCIMERS:
NONE
Linda L. Oravec, Mayor
r~ri~ K. Wahlsten, City Clerk