Loading...
HomeMy WebLinkAbout1990-10-03 - AGENDA REPORTS - STUDY SESSION (2)V, CITY OF SANTA CLARITA I N T E R O F F I C E M E M O R A N D U M DATE: October 3, 1990 TO: City Manager and City Council FROM: Andrea Daroca, Director of Finance AD SUBJECT: Business Registration Program The City of Santa Clarita is ready to take another step toward its goal of taking over all services from the County of Los Angeles. Upon incorpora- tion, the city adopted the Los Angeles County Business License Code which is presently still in effect. With almost two years of preparation, the city is ready to undertake its own Business Registration Program. Currently, the .city contracts with the Los Angeles County Business License Department to provide a business license service. Unfortunately, due to the nature of the Los Angeles County Business License Code, only approximately 20% of all businesses in Santa Clarita are licensed. This leaves a large portion of the city's businesses unlicensed or unregistered while those businesses that are required to be licensed pay a substantial license fee. This current system seems.hardly. fair or equitable. Because only a small portion of the businesses are required to be licensed through the county, the city receives numerous requests from businesses requesting to be issued a license or certificate legitimizing them as an established business in the City of Santa Clarita. The county's business license rules and regulations do not meet the goals and needs of this city. The licensing fees charged by the County of Los Angeles are administered county -wide and, therefore, do not accurately reflect the cost of providing the service to the City of Santa Clarita by city staff nor the level of service the city would like to provide its business community and citizens. The County Business. License office servicing the City of Santa Clarita is open only two days a week and virtually no enforcement of the County Business License Code exists in the City of Santa Clarita. Staff seeks to rectify some of the shortcomings of the current system with the implementation of a city administered business registration program. A city business registration program would fully replace current county licensing and establish local control over the administration of the -program and its fees. Due to the small scope of the county licensing program, the city currently does not have any information regarding .the businesses operating within the city limits. A city administered program would seek to register all businesses operating within the city limits including retailers, wholesalers, etc. Agenda Item: ~ City Manager and City Council October 3, 1990 Page 2 The fees charged by the city to provide this service. would reflect gnly the cost to provide the service of the registration program. These fees would be reassessed by staff on an annual basis to insure that the fees accurately , reflect the .cost of providing the service. In comparison to the county license fees, the proposed registration fees are far less. For example, under the current county system, a bookstore with five employees pays a first-year application fee of $1,468 and an annual renewal fee of $140. The same bookstore under a city registration program would pay an annual registration fee of $40. An auto repair first-year application fee is $375 and an annual renewal fee of $210; a plant nursery first-year application fee is $211 and an annual renewal fee of $133; a restaurant first-year application fee is $370 and an annual renewal fee of $208. The proposed registration fees are also far less than what other cities charge. Again, the same bookstore would pay $73.25 in the City of Burbank, and $189.68 in the"City of Pasadena; the auto repair would pay $85. in the City of Burbank and $186.62 in the City of Pasadena; the plant nursery, would pay $73.25 in the City of Burbank and $186.62 in the City of Pasadena; and the restaurant would pay $73.25 in the City of Burbank and $186.62,.in the City of Pasadena. The proposed registration fees would encourage new businesses to come to the City of Santa Clarita rather than discourage them. Also, unlike most California cities, this would not be a tax on businesses. While most cities levy a business tax based on gross receipts or on the number of employees,: the proposed city registration fees are merely a recoupment of the cost of the program. What the new business registration program will provide to the city that it currently does not have is a method for registering all lawful city . businesses, professions, trades, callings, and occupations.. The registration of all businesses will provide adequate information regarding the ownership and operation of local businesses, aid in the collection of statistical data for future city economic development andgrowth, and facilitate contact between city emergency officials and business owners. A city business registration program will provide a higher level of service not only to the business community but also to the community at large. A program administered by the city will be more responsive to the needs of the local businesses and will be able to react more quickly to the continuously changing business.environment. RECOMMENDATION That the City Council review .and discuss the proposed business registration program. /mc356 ORDINANCE NO. 90-28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING TITLE 5 OF THE MUNICIPAL CODE ESTABLISHING A BUSINESS REGISTRATION PROGRAM THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES ORDAIN AS FOLLOWS: SECTION 1. Title 5.00 of the Santa Clarita Municipal Code is hereby added to read as follows: CHAPTER 5.01 ADMINISTRATIVE PROCEDURES 5.01.010 Purpose: The purpose of this ordinance is to provide a method for registering various lawful City businesses, professions, trades, callings, and occupations within the City limits. This Title also provides for adequate information regarding the ownership and operation of businesses within City limits, facilitates contact between the City and those businesses, and provides for the collection of statistical data regarding businesses within the City. 5.01.020 Conformance to Zoning No payment of fee under the provisions of this Title shall be construed as permission to conduct a business at any place within the City where the conducting of such business is prohibited by the Zoning Code of the City. 5.01.030 Business Not Listed — Fee. Any person conducting, either as a principle or agent, any business in the City but not herein specifically set forth shall pay the fee amount as designated by Resolution of the City Council provided for the business nearest corresponding to the nature of the business as determined by the Finance Director. 5.01.040 Permits Required. Businesses enumerated in chapter 5:11 of this title shall procure a permit to transact such business activity prior to registering with the City of Santa Clarita and pay a permit fee as set forth by Resolution of the City Council. No business shall`be registered with the City of Santa Clarita nor shall any registration be renewed unless all permit requirements have been met. 5.01.050 Branch Establishment Separate Fee. Each branch establishment or location of business must separately register with -the City of Santa Clarita. a) Separate Fee. A separate registration and permit fee shall be obtained for each branch establishment or location of the business conducted and for each separate type of business at the same location. Payment of a registration or permit fee shall authorize the business owner to conduct only the business or function registered thereby at the location or in the manner designated in such registration certificate. b) Exemptions. Warehouses and distributing centers used in connection with and yet incidental to a registered business shall not be deemed to be separate places of business or branch establishments (listing of warehouse and distribution centers required by business when application is filed). —1— 5.01.060 Computation of Fee for Two or More Businesses at Same Location. In the event that any person is conducting more than one of the ' several businesses required to be registered in the same location, and under the same management,a separate application shall be filed whereby a separate registration fee shall be assessed for each business and a separate registration certificate shall be issued. 5.01.070_ Duplicate Registration Certificates. Duplicate certificates may be issued by the Finance Director to replace any certificate previously issued which has .been lost or destroyed. The business owner must first file an affidavit attesting to such fact, and at the time of filing, such affidavit pay to the Finance Director the amount set forth by Resolution of the City Council. 5.01.080 Transfer of Certificate. No certificate issued shall be transferred.. except when the business transfers from one location in the City to another. The certificate previously issued may be amended to -authorize the conduct of the business at the new location. The transfer and amendments authorized may be issued upon application to the Finance Director and a fee payment as set forth by Resolution of the City Council. 5.01.090 Retention and Exhibition of Business Registration Certificate. Every business shall keep the certificate posted in a conspicuous place at the business location. Every person doing business without a fixed location, shall carry the certificate on his or her person and exhibit the certificate whenever required to do so by the Finance Director of the City of Santa Clarita or by any public officer. 5.01.100 Duration of Certificate. No certificate shall be issued for a period of more than twelve (12) months. No certificate shall be issued for any time extending beyond December 31. a) All certificates, unless otherwise specified, are based on one year and shall be for a term commencing on January 1 and expiring on December 31 of each calendar year. b) All new businesses, unless otherwise specified, registering on any date other than January 1, shall be assessed the total annual fee designated for such businesses. c) All fees shall be paid in advance to the Director of Finance in the amounts specified by Resolution of the City Council. 5.01.110 Renewal Dates Grace Period. The registration fee required to be paid by the provisions of this Chapter shall become due and payable on the first day of January and shall become delinquent on the first day of February of each year. Certificates may be. renewed by mail or at the City of Santa Clarita Finance Department. Failure to receive notice of expiration and request for renewal shall not excuse any business for timely payment of renewal fee and any such penalties which may result. 5.01.120 Vehicles Used in Association With Business. No person shall drive, operate, or use any.vehicles in the.conduct of business within the City without obtaining a certificate .(decal) and attaching the certificate (decal) to the vehicle. No person shall remove, deface or transfer such certificates to another vehicle used for the business. Further, the business owner or any of his/her agents cannot operate any vehicle after the expiration period for which the certificate was issued without payment of a new yearly registration fee. Those businesses operating under a franchise agreement with the City of Santa Clarita shall be exempt. —2— 5.01.130 Evidence of Doing Business. When any person through signs, circulars, cards, telephone book, newspapers, or trade publications advertises or expresses.that one is in business in -the City, or when any person holds an active license or permit issued by a governmental agency indicating that one is in business, then these facts will be considered evidence that a business is being conducted within the City of Santa Clarita. 5.01.140 Severability. If any Section, Subsection, sentence or clause or phrase of this Title is for any reason held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of any remaining portions of this Title. 5.01.150 Delinquent Business Registration Fees and Other. No business registration certificate shall be issued and no certificate for any succeeding, current or unexpired period shall be valid if issued to any person who at the time of application is indebted to the City for any unpaid fee or tax. The total fee or tax due shall include the total tax or fee. due plus penalties for failure to pay the tax or fee on schedule. 5.01.160 Business Registration Permit Lawful Activity Only. The issuance of a registration certificate pursuant to the provisions of this Title constitutes a receipt for the registration fee paid. A business registration certificate is a requirement to transact business within the City of Santa Clarita. Neither the payment of the fee nor the possession of the business certificate authorizes or permits or allows the doing of any act which the person paying or holding the same would not otherwise be lawfully entitled to do. 5.01.170 Refund of Fees. There shall be no refund of any fees paid to the City except in the case that a fee has been overpaid or paid more than once. Without exception no refunds shall be made after one (1) year from date of payment. 5.01.180 Telephone Number. No business shall be registered and no business registration certificate issued shall be renewed unless the applicant provides a written statement containing all current and operational business telephone numbers of the registered business and current and operational emergency telephone numbers which will allow a public safety agency immediate contact with each owner and manager of the registered business. 5.01.190 Inspection of Business. The Finance Director, assistants, officers or any peace officer shall have the power and authority to enter free of charge and at any reasonable time any place of business within the City and request exhibition of a business registration certificate. CHAPTER 5.02. DEFINITIONS 5.02.010 Definitions. For the purpose of this part, unless it is plainly evident from the context -that a different meaning is intended, the words and phrases shall have the following meanings. 5.02.020 Business — 'Business" shall mean professions, trades, and occupations and all and every kind of calling conducted for profit or livelihood. —3— 5.02.030 Certificate. The term "certificate" as used in this Title shall not be construed to mean a permit. The certificate is a receipt for payment of registration fees and serves as evidence of being legally ' registered with the City of Santa Clarita. 5.02.040 Contractor - "Contractor" shall mean any person who is licensed as a contractor by the State of California and who undertakes to or offers to undertake or purports to have the capacity to undertake to or submit bids to or does by him/herself or by others construct, alter, .repair, add to, subtract from, improve, move, wreck or demolish any building, highway, road, railroad, excavation or other structure, project or development or improvement or to do any part thereof including the erection of scaffolding or other structures or works in connection therewith. This shall also include any subcontractor, specialty contractor or builder. 5.02.050 Employee - "Employee" shall mean all persons engaged in the operation or conduct of any business whether as a member of the owner's family, partners, agent, manager, solicitor, or any other persons employed in said business. 5.02.060 Entertainment - "Entertainment" shall mean any act, play, revue, pantomime, burlesque show, scene, song, fashion show, nude show, dance act, song and dance act or poetry recitation, conducted or participated in by one or more persons. 5.02.070 Finance Director. "Finance Director", shall mean the Director of Finance of the City of Santa Clarita or his/her designee or agents. 5.02.080 Fixed Place of Business - "Fixed place of Business" shall mean premises occupied in the City of Santa Clarita for the particular purpose of conducting business there, separate and distinct from any other place of business, regularly maintained for the purpose of attending to such business. 5.02.090 Home Occupation - "Home Occupation" shall mean business activity which is conducted within one's -home or dwelling. 5.02.100 Newly Established Business - "Newly established business" shall mean a business in existence and operation for less than three (3) months. 5.02.110 Peddler. "Peddler" shall mean any person who sells and makes immediate delivery or offers for sale and immediate delivery any goods, wares, merchandise, service, or thing in the possession of the seller, at any place in the City of Santa Clarita. 5.02.120 Person - "Person" shall mean all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, business, or common law trust societies and individuals transacting and conducting any business in the City of Santa Clarita. 5.02:130 Professional - "Professional" shall mean any person including any professional corporation wherever located, engaged in, or conducted with the City any profession requiring compliance with written and/or oral examination standards adopted by a branch of the state of the federal government and/or requiring a certain amount of tenure with such branch of government. 5.02.140 Registration - "Registration" shall mean the documentation and listing of all City businesses, their functions, their ownerships, and other relevant information. -4- 5.02.150 Retail Sale (sale and retail) - "Retail Sale" shall mean every sale of tangible personal property other than sale to one who (1) purchases for the purpose of resale as tangible personal property in the regular course of business or (2) purchases for the purpose of consuming the property in producing for sale a new article of tangible .personal property or substance, of which such property becomes an ingredient or component, or as a chemical used in processing, when the primary purpose of such chemical is to create a chemical reaction, directly through contract with an ingredient of new article produced for sale. 5.02.160 Solicitor. "Solicitor" shall mean any person who engages in the business of going from house to house, place to place, on or along the streets, within the City of Santa Clarita and/or by telephone, selling or taking orders for or offering to sell or. take orders for goods, wares, or merchandise or other things of value for future delivery, or for services to be performed in the future. 5.02.170 Vehicle - "Vehicle" shall mean every device in or upon or by which any person or property is or may be transported or drawn upon a public street or highway. This does not include devices moved by human power or used exclusively upon stationary rails or tracks. 5.02.180 Vending Operation - "Vending Operation" shall mean any business conducted by any person engaged in the business of operating a money -operated machine or device on the premises of another or in the business of owning, renting, leasing, lending or otherwise distributing money -operated machines or devices while retaining ownership. Machines may include but are not limited to vending, amusement, video, and service machines. 5.02.190 Wholesale Sale - "Wholesale sale" shall mean any sale of tangible personal property which is sold in lots to retailers for sale at retail. Sales originally classified at retail may be classified as wholesale if the vendor can establish to the Director of Finance that the sale was made to a governmental agency, public utility, manufacturer or processor or contractor who consumed the articles in the course of operations and did not offer the articles for resale to the general public. CHAPTER 5.03 REGULATIONS 5.03.010_ Certificate Required. It shall be unlawful for any person whether as a principal or agent, clerk or employee, either for him/herself or for any other person, or for any corporation, or an officer of a corporation, or otherwise to conduct any profession, trade, calling, occupation or business or to cause or direct any person to commence, or conduct any profession, trade, calling or business herein specified, in the City without first registering with the City of Santa Clarita and obtaining a registration certificate as evidence of registration. 5.03.020 Contents of Certificate. All certificates shall be prepared by the Finance Director of the. City upon payment of the sura set forth by Resolution of the City Council. Each certificate so issued shall state the following: (a) The name of the person to whom the certificate is issued. (b) A description of the business registered. (c) The location of such ,business. (d) The date of expiration of such registration. -5- 5.03.030 Registration Fee - Payable. All registration fees shall be due upon application for a registration certificate and be paid in advance in lawful money of the United States to the Finance Director, Department of Finance, City of Santa Clarita. 5.03.040 Statement of Fee No greater or lesser fee shall be charged or received for any registration fee other than provided for by Resolution of the City Council. In no case shall any mistake of the Finance Director in stating the amount of the registration fee or penalties prevent or prejudice the collection by the City of what should be due from any person carrying on a business subject to a registration fee. Where an error is made in the issuance of any certificate with regard to a classification, then a new certificate shall be issued in the proper classification under the date of the original certificate and the business owner shall pay any additional amount required. CHAPTER 5.04 APPLICATION PROCEDURES 5.04.010 Procedure for Issuance. Every person required to be registered under the provisions of this part shall file an application with the Finance Director of the City. The application shall be a written statement upon a form provided by the Finance Director and shall be written by the applicant under penalty of perjury. The application shall set forth such information as may be necessary to properly determine the registration fee to be paid by the applicant. 5.04.020 Application for Renewal of Certificate. In all cases, the applicant for renewal of a certificate shall submit to the Finance Director for guidance in determining the amount of the registration fee to be paid by the applicant a written statement, upon a form provided by the Finance Director, written under penalty of perjury. 5.04.030 Contents of Application. Each application shall include: a) the exact nature or type of business, trade, occupation or profession for which the registration is requested. b) the place where such business, trade, occupation or profession, is to be conducted. If the business is not to be conducted at a permanent place of business, the owner's residence address. c) the address where the applicant shall consent to receive mail concerning the registration. d) where any person contracts, sells, or delivers any goods, wares, or merchandise in the City for which sales or, use tax is payable. e) the appropriate California State Board of Equalization Permit Number. f) where any person employs others in the course of business, the Federal and/or State Employer Identification Number. g) where any person conducting business is self-employed, the applicant's Social Security Number. h) when the application is made for the issuance of a certificate operating under a fictitious name, the true names and residential addresses of those owning the business. i) in the event that the application is made for issuance to a state licensed contractor, the applicant's State Contractor's License Number and specialty classification. J) any further information required by the Finance Director to enable a certificate to be issued. -6- k) a signed statement made under penalty of perjury that the statements therein are true and correct. 1) telephone numbers of the owner and two othersto contact in the event of an emergency. m) description and number of vehicles and money -operated machines to be used in the course of business within the city limits. n) The number of employees and square footage of the business establishment shall be provided to the Finance Director to assist the city in future planning and economic development. 5.04.040 Information Confidential. No information shall be kept confidential unless so requested by the applicant. If the City determines that the information requested to be kept confidential does not qualify as confidential information under the Public Records Act, the application will be returned. 5.04.050 State or County License or Permit Required. In any profession, trade, business or calling where a state or county license or permit is required, such license shall first be exhibited to verification by the Finance Director before a city business certificate is issued. 5.04.060 Misrepresentation. Any person knowingly or intentionally misrepresenting to any officer or employee of the City any material fact in applying for or paying for the business certificate or permit herein shall be guilty of a misdemeanor. Any certificate or permit issued upon the knowing or intentional misrepresentation shall be invalid and may be revoked. CHAPTER 5.05 FEE E7DEMPTIONS 5.05.010 Exemptions from Payment. No registration fee or permit fee shall be required from the following: a) Those businesses exempt from municipal license and registration permit fees by virtue of the Constitution of the United State and State of California. b) Those institutions or organizations which are conducted or managed wholly for the benefit of charitable or benevolent purposes. c) Those businesses operating under a franchise agreement with the City of Santa Clarita. 5.05.020 Business Registration Required. Any person, institution or organization claiming exemption from payment of a registration fee, shall nevertheless apply to the Finance Director for a business certificate in order to be included among -the City Registry of Businesses. All businesses deemed exempt from payment shall be subject to the same procedures for enforcement and penalties provided herein. 5.05.030 Fee Exempt Registration - Limitations. a) Every certificate issued without payment of fees shall be stamped "fee exempt" upon its face. b) Any certificate issued as "fee exempt" shall be subject to suspension and revocation by the Finance Director in the event that it is determined that the applicant is not entitled to exemption. c) Any fee exempt certificate issued shall be void if any material statement contained in the application or any other document or representation is false. d) No exempt certificate may be transferred or loaned. -7- CHAPTER 5.06 VIOLATIONS 5.06.010 Generally. Except as hereafter provided, any person violating any of the provisions of this Title shall be guilty of a misdemeanor and subject to the penalties set forth in this Code. 5.06.020 Penalties for _late payment of registration fees. The penalty for the failure to register as required by this Title shall be as follows: where the fee required by this Title is not paid on or before the date due or within 30 days thereafter, a first delinquent notice shall be issued and a penalty of ten (10) percent of the amount due shall be imposed. A second and third delinquent notice shall be issued and an additional penalty of ten (10) percent of the original fee shall be added at the close of the business (5:00 p.m.) of the last day of each calendar month. Each penalty shall become part of the registration fee required by this Chapter. In no case shall the total penalty exceed one hundred (100) percent of the original fee. 5.06.030 New Businesses. In the case of a newly established business, no penalty shall be imposed if the applicable fee is paid within thirty (30) days after commencement of operation. Following the 30 days, penalties shall be imposed as in the case of any other business. CHAPTER 5.07 REVOCATION OR SUSPENSION 5.07.010 Revocation or Suspension A certificate or permit -issued under this Title may be revoked or suspended in any one of the following instances: a) Where the City Council finds and determines that the preservation of public health and safety warrants revocation. b) Where the business has violated any material provision of this Title. c) Where the certificate was granted based on fraudulent information on the registration or permit application. d) Where the business violated the terms and provisions of the registration or permit. 5.07.020 Notice of Revocation and Suspension of Registration Certificate. a) The Finance Director must serve the business owner by serving a written notice to the business owner not less than ten (10) days before the impending revocation or suspension. The notice shall be served in person or by certifiedmail, return receipt requested. b) Contents of Notice — The notice shall state with specificity the reasons for revocation or suspension. In the case where a suspension is in order, it shall be stated that the certificate or permit shall be revoked unless said violation is remedied or appealed within ten (10) days. c) It shall be the responsibility of the business owner to provide evidence .to the satisfaction of the Director of Finance that the apparent violation has been remedied, otherwise a suspension shall be deemed revoked. d) In the case of a certificate or permit which has been deemed revoked, the business owner shall not be granted a certificate or permit for the operation of the type of profession, trade, business or calling questioned for a period of one (1) year from the date of revocation. 5.07.030 Notice of Appeal Any person aggrieved by any decision of the Finance Director or agent of the City of Santa Clarita with respect to the issuance or refusal to issue a certificate or permit or the amount of the registration or permit fee may appeal to the City Council by filing a notice of appeal with the Finance Director within fifteen (15) working days of such decision. The City Council shall then hear the appeal at the next available scheduled City Council meeting. The Finance Director shall notify applicant of the time and place of the Council meeting by personally serving or depositing in the U.S, mail such notice within 10 days of such meeting. The findings of the Council shall be final and conclusive. The amount of any registration or permit fee finally determined as provided in this Section shall be due and payable as of the date when the original registration or permit fee was due and payable together with any other penalties that may due. CHAPTER 5.08 ��f'!U •' N:�rIW�YY 5.08.010 Duties - It shall be the duty of the Finance Director of the City to enforce each and all of the provisions of this Chapter. Other City departments including but not limited to police, fire, and community development shall render such assistance in enforcement as may be required from time to time. 5.08.020 Inspections - The Finance Director and any assistants or public officials in the exercise of the duties of this _Title may examine or cause to be examined all places of business in the City to ascertain whether provisions of this -Title are being complied with. CHAPTER 5.09 FEES 5.09.010 Registration Fees The amount of registration fees paid to the City of Santa Clarita by any person engaged in or conducting any profession, trade, calling, occupation or business shall be set forth by Resolution of the City Council. Such registration fee shall be paid by those businesses enumerated in Chapter 5.10 and by every person engaged in or conducting any profession, trade, occupation, calling or business in the City of Santa Clarita. 5.09.020 Permit Fees. The amount of permit fees paid to the City of Santa Clarita by any person engaged in or conducting any business requiring a permit as enumerated in chapter 5.11 shall pay a one time permit fee as designated by Resolution of the City Council. CHAPTER 5.10 BUSINESS CATEGORIES ENUMERATED 5.10.010 Services and Professions For conducting or engaging in any profession or service, an annual registration fee as designated by Resolution of the City Council shall be assessed. Services and professions shall include all but are not limited to: Accountant Advertising Agency Appraiser Architect Artist Assayer -9- Attorney at Law Auditor Auto Rental Auto Wash Auto Repair Auto Body/Paint Beauty Parlor Blue Printer Broker/Commission Agent CPA Chiropodist Chiropractor Credit Reporting Bureau Dance School Dentist Design Illustrator Draftsman Dressmaker/Tailor Embalmers Engineers Gardeners Geologist Hospitals(for Profit) Illustrator Insurance Claims Adjuster Laboratories Masseuse Midwife Mortician Moving Service Newspapers Oculist/Optician Photographers Physicians Real Estate Broker Repair Services Rifle Ranges Stables Taxidermist Temporary Agency Termite Inspector Upholsterer Auto Parking Lot Auto Towing Barber Shop Book Agent Chemist Collection Agency Decorator Detective Agency Electrologist Engraver Health Clubs Insurance Broker Locksmith Money Lender/Broker Music Schools Optometrist Printers Riding Academy Surveyor Veterinarian 5.10.020 Retail. Wholesale. and Manufacture Businesses. Businesses :not Otherwise Specified For conducting the business of selling at retail or wholesale or manufacturing any goods, wares and merchandise or commodities, maintaining or conducting any trade, occupation, calling or business not otherwise specifically registered by the other Sections of this Title, a annual registration fee as designated by Resolution of the City. Council shall apply. 5.10.030 Cafes and Restaurants Cafes, restaurants, drive-in cafes, ice cream parlors, bars or any similar place of business preparing and serving food, beverages, or refreshments for consumption on the premises shall be assessed a annual registration fee as designated by Resolution of the City Council. 5.10.040 Contractors Contractors possessing a Class A, Class B-1, or other state license shall pay an annual registration fee as designated by Resolution of the City Council. Any contractor conducting the business of selling merchandise as a retailer or wholesaler at a fixed place of business within the City, in addition to the contractors business certificate, shall also procure a certificate for such resale or wholesale business. It shall be the responsibility of every general building, engineer or prime contractor to: a) Require all specialty subcontractors under direction or control to register their business with the City of Santa .Clarita prior to performing services for said general building, engineering, or prime contractor. It shall be the responsibility of the general contractor to insure that all subcontractors are registered with the City .and shall be held responsible for any fees due from the registration of such contractors. b) Exceptions. An owner builder shall be exempt from .payment of any registration fee if all work performed is done exclusively by such owner upon one's own property. 5.10.050 Swap Meets Swap meet exhibitors and swap meet operators shall pay a business registration fee according to the provisions of this Section. For the purpose of this Section, the following definitions shall apply: a) Swap Meet Exhibitor - Any person exhibiting, displaying, selling or exchanging, offering for sale or exchange of any property at a swap meet. -10- b) Swap Meet Operator — Any person or organization conducting the business of a swap meet on any premises in the City, whereby space is rented or leased to a person desiring to engage or conduct business as a seller. c) Every swap meet shall pay a business registration fee as follows: 1) Each swap meet exhibitor participating in a swap meet shall pay a registration fee per stall per weekend or per month to the swap meet operator as designated by Resolution of City Council. If the stall is leased or rented on a weekly basis, a per weekend registration fee shall apply. If the stall is leased or rented on a monthly basis, a monthly registration fee shall apply. Such fee shall be deemed as a debt owed by, both the swap meet exhibitor and swap. meet operator to the City. The swap meet exhibitor shall pay the fee to the.swap meet operator at the time of participating in the swap meet. Any unpaid fee shall be paid upon the termination of the exhibitor's participation. Each exhibitor shall be issued a receipt by the operator as evidence of the fee payment. Each swap meet operator shall then remit separately from all other monies due from the swap meet exhibitors. The fees paid by the exhibitors are in addition to all other fees required by the City. 2) On or before the tenth day following each calendar month, the swap meet operator shall file a return with the Revenue Collector showing the total amount of fees during the previous month collected under this Section. At the time the return is filed, the swap meet operator shall remit the full amount of fees collected along with the following information: a) Name of vendor b) Name of business c) Business owner retail sales number 3) Any swap meet operator who fails to remit the fees within the specified.time shall pay a penalty of ten percent (10%) for each month the payment is delinquent up to 100% of the total original amount due. 4) Records — Each swap meet operator shall keep full and accurate records of stall rentals to vendors. The City shall have the right to examine such records at any reasonable time. 5.10.060 Itinerant Merchants. All merchants traveling by foot, vehicle, or any other means of transportation not otherwise registered under the provisions of this Title and not having a regularly established place of business within the City shall pay an annual fee as designated by Resolution of the City Council. a) An itinerant merchant under this Section shall be deemed to mean and include any person or persons, firm, or corporation, either principal or agent, employer or employee who engages in a temporary business in the City of Santa Clarita by selling or offering for sale goods, wares, merchandise, on things or articles of value. b) Any itinerant merchant who, as a seller of any article is required to obtain a State Resale Permit, pursuant to the provisions of Revenue and Taxation Code Section 6066 et seq., and shall, prior to the issuance of a permit by the City of Santa Clarita, produce satisfactory proof of possession of such a State Resale Permit. c) Every sale in the normal course of business of such itinerant merchant within the City of Santa Clarita shall be recorded sequentially numbered receipts which shall contain, at a minimum, the following information: (i) the name of the seller, (ii) the date of the sale, (iii) the price paid, (iv) a description of the item(s) sold. It shall be the duty of the itinerant merchant to retain such —11— records for the period of three years from the date of sale or the period prescribed by law for the retention of records for, federal income tax purposes, whichever is longer. d) No registration certificate shall be issued to any person unless such person supplies the Finance Director with the State Board of Equalization permit number and agrees to report separately on the sales tax return to the state the receipt from sales in the City and agrees to pay the required sales or use tax on such receipts. This Section only applies to those businesses subject to payment of a sales or use tax by the State of California. e) Prior to registering with the City of Santa Clarita, all itinerant merchants must procure an itinerant merchant permit from the City of Santa Clarita and pay the appropriate permit fee as designated by Resolution of the City Council. 5.10.070 Peddler. Every person, firm or corporation engaged as a peddler in the City of Santa Clarita shall register first with the City of Santa Clarita. Prior to registering with the City of Santa Clarita, all businesses engaged in peddling must first procure an Itinerant Merchant Permit from the City of Santa Clarita and pay to the Finance Director the.appropriate permit and registration fee as designated by Resolution of the City Council. 5.10.080 Solicitor. Every person, firm, or corporation engaged as a solicitor within the City shall register first with the City of Santa Clarita. Prior to registering with the City of Santa Clarita, all businesses engaged in soliciting must first procure an Itinerant Merchant Permit from the City of Santa Clarita and pay to the Finance Director the appropriate permit and registration fee as designated by Resolution of the City Council. 5.10.090 Restrictions for Peddlers. Solicitors. and Itinerant Merchants: No peddler or solicitor shall engage in selling or distributing any goods, wares or services to stop, stand or park on or along any public street. for a time period of more than thirty (30) minutes without moving to a new location one hundred (100) feet removed therefrom. a) Congestions. It shall be unlawful for any peddler/solicitor or vendor.to operate in a place where such operation will clearly cause or create a traffic hazard. In no case shall a peddler/solicitor or vendor operate within: 1. Three hundred (300) feet of any school grounds prior to 4 p.m. on a day when school is in session. 2. Two hundred (200) feet from any intersection controlled by a traffic light or stop sign. 5.10.100 Photographers - Transient. Each transient photographer shall register with the City of Santa Clarita and pay an annual registration fee as designated by Resolution of the City Council. Each transient photographer prior to registering with the City of Santa Clarita must first procure an Itinerant Merchant Permit from the City of Santa Clarita and pay a permit fee as designated by Resolution of the City Council. 5.10.110 Home Occupations. No home occupation business may be conducted unless the business complies with the following regulations: a) Only one (1) home occupation may be conducted from a dwelling. b) Only materials or equipment recognized as part of a normal household or needed or convenient for domestic purposes shall be used in the -12- occupation. No motor power other than electrically operated motors acceptable for connection to a 110 and 220. volt circuit with a maximum of one (1) horsepower per motor or two total horsepower shall be used. c) The occupation shall not create pedestrian or vehicular traffic in excess of that which is consistent to a single family residential use of the premises. This shall not include more than two (2) visitors per hour or eight in one day and restricted to 7:00 AM to 7:00 PM. d) No sign, name place or other form of advertising shall be displayed on the premises in connection with the home occupation. e) There shall be no alteration of the appearance of the structure. f) Commercial vehicles shall not be used to deliver materials to or remove materials from the premises. g) The home occupation shall not create any radio or television interference or create noise audible beyond the boundaries of the premises. h) A home occupation shall be conducted within the principle dwelling. Storage of goods and materials connected with the home occupation shall not be allowed in accessory buildings or garages either attached or detached. I) No toxic, explosive, flammable, combustible,. corrosive, radioactive or other restricted material shall be used or stored on the site. J) No process may be used which is hazardous to public health, safety or welfare. k) The home occupation shall not displace or impede use of parking spaces. 1) Only the principal residents of the home may be employed in the home occupation. 5.10.120 Permitted Home Occupations Permitted Home Occupation may include but are not limited to Architectural Service Art Restoration Art Studio Consulting Service Data Processing Drafting/Graphic Service Engineering Service Financial Planning Home Crafts House Cleaning Insurance Sales/Broker Interior Design Jewelry Making Mail Order(not retail sales) Sales Representatives Swimming Pool Cleaning Tutoring Typing Service Watch Repair Writing 5.10.130 Non -Permitted Home Occupations Non -Permitted Home Occupations may include but are not limited to: Ambulance Service Appliance Repair Auto Repair Auto Body/Paint Auto Detailing/Washing Beauty Salons/Barber Shops Boarding House, Bed & Breakfast Carpentry Ceramics Contracting(Masonry, Plumbing) Health Clubs, dance studios Limousine Service 5.10.140 Home Occupation -Application Procedures. a) Requirements. Prior to being registered with the City, Home Occupations must first obtain a Home Occupation Permit. A one time Home Occupation permit application fee and an annual business registration fee as set forth by Resolution of the City Council shall apply. b) All laws applicable. This Chapter relating to home occupations in no way supersedes or abrogates any other provision of law applicable to the use of the dwelling including planning and zoning or any building standards. -13- 5.10.150 Vending and Other Money -Operated Machines For every person whose business is limited exclusively to renting, leasing, or maintaining the use of any coin operated machine or device, or otherwise engaging in vending operations or in operating any coin-operated machine or device at any location or fixed place of business owned or otherwise under the control of another, shall pay an annual registration fee as designated by Resolution of the City Council. a) Except as otherwise provided in this section, each coin-operated vending machine or device operated, rented, leased or maintained within the City shall have conspicuously stamped upon it or affixed thereon a certificate(decal) issued by the Finance Department as evidence of being registered with the City and pay a registration fee per machine as set forth by Resolution oftheCity Council. b) Those businesses operating any coin/money operated machines as an incidental part to a registered business shall register with the City of Santa Clarita those machines and will affix a decal as evidence of registration to each machine. Each owner of such machines shall pay a registration fee per machine as designated by Resolution of the City Council. 5.10.160 Advertising - Outdoor Signs. Every person engaged in the businessof constructing, erecting, installing, maintaining or operating outdoor advertisements, structures, billboards, painted signs on structures shall register with the City of Santa Clarita and pay the appropriate registration fee as designated by Resolution of the City Council. 5.10.170 Trucking, Hauling, and Transportation Vehicles., Any and all vehicles used as an incidental part or wholly by a registered business for the operation of such business shall register each vehicle with the City of Santa Clarita and affix a decal as evidence of registration to the vehicle. A registration fee per vehicle -shall be applied as designated by Resolution of the City Council. Such businesses shall include but are not limited to: a) Transportation of property. Every person whose business is that of operator of any vehicle used for the transportation of property for hire or compensation, and who in the course of business uses the public streets and highways within the City to receive or discharge property within the City. b) Transportation of Persons Every person conducting the business of operating any vehicle for the transportation of persons and who in the course of business uses the public streets and highways of the City for the purpose of such business. c) Delivering and Carrying of Goods, Wares or Merchandise. Every person who uses any vehicle over public streets of the City to receive or discharge property including but not limited to beverages, dairy products or food products to merchants for retail or restaurants for consumption or for delivering or carrying other goods, wares or merchandise or conducting any business within the City (yet does not maintain a fixed place of business within the City) by means of a motor vehicle. d) Vehicles used for Registered Businesses. Vehicles operated as an incidental part of a business registered under other provisions of this Ordinance making deliveries to branches of one's own establishment. e) Display of Registration Certificate. No persons shall operate vehicles for the aforementioned uses without first posting thereon in a conspicuous place a decal for identification purposes provided by the City of Santa Clarita as evidence of registration. -14- 5.10.180 Amusements. For conducting any business mentioned in this section, a registration fee as designated by Resolution of the City Council shall be assessed. a) Public bowling, skee ball, handball or batball alley or handball court, shuffleboard or similar device or means of entertainment. b) Bingo.Parlors. c) Skating Rinks. d) Musical Entertainment. e) Carnival or similar exposition. f) Lecture or traveling performance such as comedy, spoken drama, or opera. g) Trained animal show to which an admission is charged. h) Motion picture theater or drive in. I) Except as provided in item E, any place to which the public is admitted and an admission fee is charged and at which any boxing, wrestling or exhibition is conducted. 5.10.190 Residential/Commercial Rental Business... Businesses engaged in the renting and/or managing of residential or -commercial property shall pay an annual registration fee as designated by Resolution of the City Council. Such businesses shall include but are not limited to: a) Apartments. Every person conducting or managing an apartment, as defined in the Zoning Code. b) Hotels and Motels. Every person conducting or managing a hotel or motel, as defined in the Zoning Code. c) Commercial Property Rentals. Every person conducting or managing a business involving the rental or lease of commercial retail, office, wholesaling or manufacturing property or space. d) Trailer Camps. Every person conducting or managing a. business involving the rental or lease of trailer space. e) Antiaue Malls. Antique malls, wherein the owner and operator thereof rents spaces within said mall to other persons for the exclusive purpose of conducting independent antique sales.business therein. 5.10.200 Sales by Growers or Producers of Ranch Products. Sales by growers or producers of ranch products who grow or produce products in the City and sells said products on the property where grown or in such instances where produce is sold off the property where grown, an annual business registration fee as designated by Resolution of the City Council shall apply. 5.10.210 Auction Sale. Auctioneer, Auction House. Every person engaged in the business of auctioneer shall pay a business registration fee per auction event as designated by Resolution of the City Council. a) Application for Registration. All applications for auctions shall include the name of the person to conduct the auction, the place where the auction is to be conducted, and a description of the goods proposed for sale. b) General Requirements. 1. No auctioneer shall knowingly or negligently misrepresent the quality of any article offered for sale. 2. No auctioneer of personal property shall offer for sale at public auction any • article substituted or in lieu of any article after initial purchase. 3. No auctioneer of personal property shall, with the intention to purchase same, make any false representation or statement as to ownership, character, or quality of or apparent owner of such property. —15— 5.10.230 Bankrupt Sales. Every person engaged in the business of owning, opening, establishing, managing, operating, maintaining, or having charge of any temporary location or place of any kind for the selling of goods, wares, or merchandise who sells or offers for sale any insolvent, bankrupt, fire damaged or. other goods, wares or merchandise shall register with the City of Santa Clarita and pay an appropriate fee as designated by Resolution of the City Council. 5.10.240 Massaee and Bath Establishments. Every person engaged in the business of giving a steam, electric light, sponge, sun, mineral, Russian, Swedish or Turkish bath or any other massage or bath in a public place which maintains in connection therewith a steam room, plunge or shower or massage shall pay an annual registration fee as designated by Resolution of the City Council. 5.10.250 Dance Balls, Public Entertainment. Every person engaged in the business of operating a dance hall, dance event, or dancing entertainment shall pay an annual registration fee as designated by Resolution of the City Council. Such businesses shall include but are not limited to: a) Any person in the business of maintaining and operating a public dance hall shall register for such business activity which shall be in lieu of all other registration requirements imposed by this Section. This subsection does not apply to any person engaged in the business of conducting a restaurant, hotel, cafe, coffee house, cabaret, club, barroom, beer hall, beer garden, burlesque show, burlesque review or burlesque theater. b) In addition to any other fee imposed by this Section, any person engaged in the business of conducting a restaurant, hotel, cafe, coffee house, cabaret, club,.barroom, beer hall, beer garden, and, in addition, entertainment, not including burlesque and including fashion shows, or conducting public dances, shall obtain an additional registration certificate for conducting such activity. -16- 4. No auctioneer shall falsely represent or pretend that any goods, wares or merchandise which are offered for sale at auction are in whole and in part a part of bankrupt, insolvent, or damaged stock of goods or goods saved from fire or any other character or history other than the true nature and history of the goods. c) Any auctioneer who.shall sell or offer for sale at a public auction any merchandise represented as being a whole or part of goods belonging to the business of another shall first file with the Finance Director ten (10) working days before the auction a verified detailed inventory of the merchandise. Such verification shall also state that the inventory filed is true and no goods not inventoried will be sold. Inventory lists shall be retained by the Finance Director and shall be open for public inspection. d) Every auctioneer must keep a record book which must indicate each sale, the amount paid and date of each sale. Such book shall be open at all times for inspection by the Finance Director of the City of Santa Clarita. e) Exemptions. The provisions set forth shall not pertain to any auction conducted by a person regularly employed by a business if the following conditions are met: 1. The goods are of the same type and variety of goods sold in the regular course of business. 2. The goods sold are the property of the auctioneer or the person who is the employer or the auctioneer. 3. The auction is to be conducted on the business premises where such goods are regularly sold. 5.10.230 Bankrupt Sales. Every person engaged in the business of owning, opening, establishing, managing, operating, maintaining, or having charge of any temporary location or place of any kind for the selling of goods, wares, or merchandise who sells or offers for sale any insolvent, bankrupt, fire damaged or. other goods, wares or merchandise shall register with the City of Santa Clarita and pay an appropriate fee as designated by Resolution of the City Council. 5.10.240 Massaee and Bath Establishments. Every person engaged in the business of giving a steam, electric light, sponge, sun, mineral, Russian, Swedish or Turkish bath or any other massage or bath in a public place which maintains in connection therewith a steam room, plunge or shower or massage shall pay an annual registration fee as designated by Resolution of the City Council. 5.10.250 Dance Balls, Public Entertainment. Every person engaged in the business of operating a dance hall, dance event, or dancing entertainment shall pay an annual registration fee as designated by Resolution of the City Council. Such businesses shall include but are not limited to: a) Any person in the business of maintaining and operating a public dance hall shall register for such business activity which shall be in lieu of all other registration requirements imposed by this Section. This subsection does not apply to any person engaged in the business of conducting a restaurant, hotel, cafe, coffee house, cabaret, club, barroom, beer hall, beer garden, burlesque show, burlesque review or burlesque theater. b) In addition to any other fee imposed by this Section, any person engaged in the business of conducting a restaurant, hotel, cafe, coffee house, cabaret, club,.barroom, beer hall, beer garden, and, in addition, entertainment, not including burlesque and including fashion shows, or conducting public dances, shall obtain an additional registration certificate for conducting such activity. -16- c) Notwithstanding subsection (1) and in lieu of all other fees imposed by this Section, any- person conducting a burlesque show, burlesque review or burlesque theater shall obtain a separate registration certificate prior to engaging in such activity. 5.10.260 Laundries and Dry Cleaners. Linen and Towel and Diaper Service. Every person without a regularly established place of business in the City yet who conducts the business of operating a laundry or dry cleaning route or linen towel or diaper service within the City of Santa Clarita shall pay an annual registration -fee as designated by Resolution of the City Council. 5.10.270 Outdoor Festival. Any music, dance, or music activity or performance at. which music is supplied by either amateurs or professionals which is held at any place rather than a permanent installation building shall pay a per event registration fee as designated by Resolution of the City Council. 5.10.280 Refuse Collection. Every person conducting or engaging in the business of garbage or refuse collection shall be assessed an annual registration fee as designated by Resolution of the City Council 5.10.290 Sale of Christmas Trees or Greens and Pumpkins (holiday sales). Those. businesses engaged in the sale of Christmas trees, holly, berries, or other seasonal items. shall pay an annual fee as designated by Resolution of the City Council except where such businesses are conducted in connection with other regularly established places for which a certificate has been issued or is conducted by and solely for the -benefit of charitable or non-profit organizations. 5.10.300 Fortunetelling Business. Every person engaged in the business of fortunetelling shall be required to register with the City of Santa Clarita prior to engaging in such activity and pay an annual fee for each business establishment as designated by Resolution of the City Council. As used in this title, "fortunetelling business" includes every person, engaged in the activity of, or advertising by sign, circular, handbill, newspaper, periodical, magazine or other publication, or by any other means whatsoever, the telling of fortunes, forecasting of futures or furnishing any information not. otherwise obtainable by the ordinary processes of knowledge, for or without pay, by means of. any occult or psychic power, faculty or force, clairvoyance, clairaudience, cartomancy, psychology, psychometry, phrenology, spirits, mediumship, seership, prophecy, auguary, astrology, palmistry, necromancy, mind-reading, telepathy, or other craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, gypsy cunning or foresight, crystal gazing, oriental mysteries or magic of any kind or nature, or engaging in, practicing or carrying on any art, profession or business, the advertisement and practice of which is regulated by this Section. Excepted from the aforementioned definition are the following: a) No person shall be required to pay any fee or take out any registration for conducting or participating in any religious ceremony or ' service when such person holds a certificate of ordination as a minister, missionary, medium, healer, or clairvoyant from any bona fide church or religious association maintaining a church and holding regular services and having a creed or set of religious principles that is recognized by all churches of like faith; provided further, that the fees, gratuities, emoluments, and profits thereof shall be regularly accounted for and paid solely to or for the benefit of the church or religious association; provided further, that the person holding a certificate of ordination from such bona fide church or religious association, as set forth in this -17- Section, shall, before practicing the profession specified in this Section, file with the Finance Director a certified copy of his/her certificate of ordination with his/her name, age, and street address in this City where he/she intends to carry on the business. Such bona fide church or religious association, as defined in this Section, may, however, pay to its ministers, missionaries, mediums, or workers a salary or compensation based upon a percentage basis; provided that the agreement between the church and the minister, missionary, medium or worker is embodied in a resolution and transcribed in the minutes of such church or religious association. b) No person shall be required to pay any fee or register for carrying on the art of reading tea leaves in any bona fide, regularly established restaurant, for the purpose of amusement to the patrons of the restaurant, where no charge for such readings is made when such a person is an employee of the establishment. CHAPTER 5.11 PERMIT REQUIREMENTS 5.11.010 Businesses requiring a Special Event Permit—Enumerated. Those businesses required to procure a Special Event permit with the City of Santa Clarita prior to registering with the City and engaging in or conducting any business in the City include the following businesses: Circuses Carnivals Tent Shows Animal Shows Outdoor Festivals Auctions Bankrupt Sales Other Sales events Dances 5.11.020 Application for Special Event Permits. At the time of filing an application for a Special Event permit, the applicant shall pay a one time permit fee as designated by Resolution of the City Council and must provide to the Finance Director with the following: a) Name and Address of Business b) Name and Address of Owner c) Driver's License and Social Security Number of the applicant d) Detailed description of the dates, locations, and hours of the event e) Detailed description of the equipment owned by or under the operation of the applicant to be used for the event f) A list of the names of all agents, employees, or other persons involved in the event and their driver's license number. g) Copies of all policies and binders of liability insurance h) Any further information to be required by the Finance Director to enable a permit to be issued 5.11.030 Processing of Special Event Permit Applications. Upon receipt of such application, the original shall be transmitted to the Sheriff Department who shall cause such investigation of the applicant's and employees' business background and. moral character to be made as he deems necessary for the protection of the public welfare. If as the result of such investigation, the applicant's or employees' background is found to be unsatisfactory, the Sheriff Department shall endorse on such application disapproval and the reasons for the same and return the application to the Finance Director who shall notify the applicant that the application is disapproved and that no permit will be issued. Only when an approval of the Sheriff Department is received, will the Finance Director issue a Special Event Permit. 5.11.040 Businesses Requiring an Itinerant Merchant Permit—Enumerated. Those businesses required to procure an Itinerant Merchant Permit with the —18— City of Santa Clarita prior to engaging or conducting in -any business and prior to being registered with the City of Santa Clarita include the following businesses: Itinerant Merchants Solicitors Peddlers Transient Photographers Transient Locksmiths 5.11.050 Application for Itinerant Merchant Permits. At the time- of filing an application for an Itinerant Merchant Permit, the applicant shall pay a one time permit fee as designated by Resolution of the City Council and must provide to the FinanceDirectorwith the following: a) Name and Address of Business b) Name and Home Address of Owner c) Driver's License and Social Security Number of the applicant d) Detailed description of the proposed activities e) Description of any and all vehicles to be used f) Detailed description of the dates, locations, and hours of solicitation g) A list of the names of all agents, employees, or other persons involved in the solicitation and their driver's license and social security number, a physical description of those persons that will be soliciting, and the date of birth of each solicitor. h) Copies of any and all business license and or solicitation permits from any other city i) Proof of non-profit status if applicable J) Written authorization from owners if any solicitation is to take place on private property k) Two written references with whom the applicant conducted business within the past two year 1) Any further information to be required by the Finance Director to enable a permit to be issued 5.11.060 Processing of Itinerant Merchant Permit Applications. Upon receipt of such application, the original shall be transmitted to the Sheriff Department who shall cause such investigation of the applicant's and employees' business background and moral character to be made as he deems necessary for the protection of the public welfare. If as the result of such investigation, the applicant's or employees' background is found to be unsatisfactory, the Sheriff Department shall endorse on such application disapproval and the reasons for the same and return the application to the Finance Director who shall notify -the applicant that the application .is disapproved and that no permit will be issued. Only when an approval of the Sheriff Department is received, will the Finance Director issue an Itinerant Merchant Permit. 5.11.070 Businesses Requiring a Business Permit -Enumerated. Those businesses required to procure a Business Permit with the City of Santa Clarita prior to engaging or conducting any business and prior to being registered with the City of Santa Clarita include the following businesses: Massage Parlors Massage Technicians Fortune Telling Bath Establishments Adult Book Stores Adult Movie Theaters Escort Bureaus Gun Dealers 5.11.080 Application for Business Permits. At the time of filing an application for a Business Permit, the applicant shall pay a one time permit fee as designated by Resolution of the City Council and must provide to the Finance Director with the following: a) Name and Address of Business b) Name and Home Address of Owner c) Driver's License and Social Security Number of the applicant -19 d) Detailed description of the proposed activities e) A list of the names of all agents, employees, or other persons involved in the business (including the owner) and their driver's license and social security number, a physical description of those persons that will be involved in the business, and the date of birth of each person. f) The two previous addresses, if any, immediately prior to the present address of the applicant g) Written statements of at least five persons that the applicant is of good moral character h) Two portrait photographs at least two inches by two inches of the applicant i) Business, occupation or employment of the applicant for the three years immediately preceding the date of the application J) The license history of the applicant, whether the applicant has had a license for any business or similar activity issued by another county or city or state k) All convictions, except for minor traffic violations, and the reasons therefor 1) Such other identification and information necessary to discover the truth of the matters herinabove specified as required to be set forth in the application, which may include fingerprints of the applicant as deemed necessary by the Finance Director m) Any other information deemed necessary by the Finance Director to issue a Business Permit 5.11.090 Processing of Business Permit Applications. Upon receipt of such application, the original shall be transmitted to the Sheriff Department who shall cause such investigation of the applicant's and employees' business background and moral character to be made as he deems necessary for the protection of the public welfare. As part of the investigation, the Sheriff Department shall have the power and authority to inspect such business premises to insure all requirements and standards have been satisfied. If as the result of such investigation, the Sheriff Department shall endorse on such application disapproval and the reasons for the same and return the application to the Finance Director who shall notify the applicant that the application is disapproved and that no permit will be issued. Only when an approval of the Sheriff Department is received, will the Finance Director issue a Business Permit. SECTION 2. FEES AND CHARGES SUPERSEDED. The provisions of Section 1 of this ordinance supersedes Title 7 of the Los Angeles County Code previously referenced as the Santa Clarita Municipal Code. SECTION 3. PUBLISH OF SUMMARY OF ORDINANCE, The City Clerk shall cause a summary of this Ordinance to be published and a certified copy of the full text to be posted in the office of the City Clerk at least five days prior to the City Council meeting at which the proposed Ordinance is to be adopted. Within fifteen (15) days following the adoption of this Ordinance, the City Clerk shall again publish a summary of the Ordinance with the names of those City Councilmembers voting for and against the Ordinance and the City Clerk shall post in the office of the City Clerk a certified copy of the full text of the adopted Ordinance along with the names of those City Councilmembers voting for and against the Ordinance. -20- PASSED, APPROVED AND ADOPTED this day of , 1990. Mayor ATTEST: City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES CITY OF SANTA CLARITA ) I, HEREBY CERTIFY that the foregoing Ordinance No. 90-28 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 1990. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 1990, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk I RESOLUTION NO. 90-172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA ADOPTING THE BUSINESS REGISTRATION FEE RESOLUTION. WHEREAS, the City of Santa Clarita has conducted an" extensive and exhaustive analysis of numerous California cities, various business registration programs; and WHEREAS, the City of Santa Clarita has conducted an extensive and exhaustive analysis of the cost to the City of conducting its Business Registration Service;.and WHEREAS, the City of Santa Clarita desires to establish a schedule of fees and charges to be paid by those businesses required to be registered with the City as established in Ordinance 90-28; and WHEREAS, a schedule of business registration fees and charges to be paid by those businesses required to register with the City need be adopted so that the City might carry into effect its policies; and WHEREAS, heretofore, the City Council has adopted Ordinance No. 90-28 on the day of , 1990, establishing its policy to provide for the registration of all the various lawful city businesses, professions, trades, callings, and occupations, the collection of adequate information regarding the ownership and operation of such businesses and for the collection of statistical data regarding businesses within the City; and WHEREAS, pursuant to Government Code Section 54994.1 the specific fees to be charged for registration must be adopted by the City Council by resolution, after providing notice and holding a public hearing; and WHEREAS, notice of public hearing has been provided per California Government Code Section 6062a, oral and written presentations made and received, and the required public hearing held. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. The City Council does hereby find, determine and declare as follows: A. On. , 1990, at a regularly scheduled meeting of the City Council of the city of Santa Clarita, which meeting was duly noticed and conducted in accordance with the -provisions of all. applicable laws, the City Council adopted Ordinance 90-28 relating to the Business registration Service to be provided by the City. B. Pursuant to Ordinance 90-28, the City shall conduct a comprehensive service of registering lawful businesses within the City of Santa Clarita. The City shall charge the reasonable costs borne by the City for such service. C. On , 1990, at a regularly scheduled meeting of the City Council of the City of Santa Clarita, which meeting was duly noticed and conducted in accordance with the provisions of all applicable laws, the staff submitted a report of the allocations of costs of a business registration over the average life of a business (the "report"). The report sets forth the calculations used to derive the schedule of fees and charges set forth in this resolution pursuant to Ordinance 90-28. D. On. , 1990, at a regularly scheduled meeting of the City Council of the City of Santa Clarita, which meeting was duly noticed and conducted. in accordance with the. provisions of all applicable laws, the City Council conducted a public hearing on the adoption of a fee schedule to be applied and collected by the City Finance Department for the registration of businesses operating in the City of Santa Clarita. Opponents and Proponents of the fee schedule were given an opportunity to speak at the public hearing. E. Following the public hearing, the City Council of the City of Santa Clarita duly considered all evidence of the proponents and opponents of the fee schedule, considered the report, and all other applicable evidence. SECTION 2. - Fee Schedule Adoption. Pursuant to Ordinance 90-28 and Santa Clarita Municipal Code Title 5, the following schedule of fees and charges are hereby directed to be computed by, applied by, and collected by the City Finance Department for the registration of businesses operating in the City of Santa Clarita: ANNUAL REGISTRATION FEES Business Classifications Manufacturing & Processing Wholesalers & Distributors Retailers Services Cafes, Restaurants, Bars Eating Establishments Professions Contractors Entertainments (Bingo Parlors Bowling Alleys Skating Rinks Skeeball/Handball/Racketball Batball Courts Musical entertainment(incidental to any other business) Motion Picture Theater Boxing/Wrestling Shows) Circuses, Carnivals, Tent Shows Animal Shows Dance Halls, Public Dancing Burlesque Shows Amount Time/Unit 40.00 year/business location 40.00 year/business location 40.00 year/business location 40.00 year/business location 40.00 year/business location 40.00 year/business location 40.00 year/business location 40.00 year/business location 40.00 event/location 40.00 year/business location -2- Outdoor Festivals Sales Events -Non routine Swap Meets Holiday Sales/Sales by Growers Auction Sale/Auction House Bankrupt Sales Vending Machine/Coin Operated Machine Rental Laundromat/Launderettes Itinerant Merchants Peddlers/Solicitors Transient Photographers Transient Locksmiths Home Occupations -Registration Renting Accomodations-Apartments Hotel, Motels, Commercial Property, Trailer Camps Transportation Business - Transportation of Property Transportation of Goods, Wares Transportation of Laundries Transportation of Junk/Salvage Transportation of Persons(Taxis) Transportation of Rubbish/Garbage Massage and Bath Establishments Fortune Telling Advertising -Billboards, Signs Permit Type Home Occupation Permit Special Event Permit Itinerant Merchant Permit Business Permit Duplicate Certificates Transfer of Certificates Copies of Public Reports 40.00 event/location 40.00 event/location 3.00 month/stall or space or .75 weekend/stall or space 40.00 year/business location 40.00 event/location 40.00 event/location 40.00 year/business location + 1.00 year/machine 40.00 year/business location + 1.00 year/machine 40.00 year 40.00 year 40.00 year 40.00 year 33.00 year/location 40.00 year/location 40.00 year/business location + 1.00 year/vehicle used for business within City limits 40.00 40.00 40.00 BUSINESS PERMIT FEES Amount 110.00 90.00 60.00 125.00 ADMINISTRATIVE FEES 6.00 7.50 3.00 + .10¢ .10¢ year/business location year/business location year/business Time/Unit one time fee per location per event/location per event/business one time fee per location per certificate per certificate generation of new report per copy of each page per copy of standard report SECTION 3. Defining and Timing of Fee Schedule. This resolution shall be referred to and be known as the "Business Registration Fee Resolution Definitions regarding and the timing of the implementation of the Business Registration fee schedule shall be as stipulated in Ordinance 90-28. -3 SECTION 4. Severability. If any portion of this resolution is declared invalid or unconstitutional, then it is the intention of the City Council to have passed the entire resolution and all its ,component parts, and all other sections of this resolution shall remain in full force and effect. SECTION 5. Effective Date. This resolution shall not become effective until the effective date of Ordinance No. 90-28. SECTION 6. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this day of ,1990. ATTEST: City Clerk Mayor I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof held on the day of , 1990 by the following vote of the Council: AYES: NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS -4- City Clerk EXHIBIT A ALLOCATION OF COSTS OVER THE AVERAGE - LIFE OF A BUSINESS Costs Spread Over: Year 1 Costs Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Year it Year 12 Year 13 Year 14 Year 15 Year 16 Year 17 Year 18 Year 19 Year 20 ------------------------------- Total Cost Average Life of a business Average Cost Five to Ten Year Avg. Cost 5 Yrs ---------------------------------------------- 10 Yrs 15 yrs 20 Yrs 126.20 126.20 126.20 126.20 30.97 30.97 30.97 30.97 30.97 30.97 30.97 30.97 30.97 30.97 30.97 30.97 30.97 30.97 30.97 30.97 30.97 30.97 30.97 30.97 30.97 30.97 30.97 30.97 30.97 30.97 30.97 30.97 30.97 30.97 30.97 30.97 30.97 30.97 30.97 30.97 30.97 30.97 30.97 30.97 30.97: 30.97 30.97 30.97 30.97- 30.97 ---------------------------------------------- 250.08 404.93 559.79 714.64: 5 10 15 20 50.02 40.49 37.32 35.73 Year 5 50.02 Year 10 40.49 Year 15 37.32 Year 20 35.73 ------------------------------- ------------ Average Cost per Business $40.89 ee..................... naa vm:xa:. max........ 1st Year Costs Implementation Costs New Bus. Application Review: Finance Building & Safety Community Development ------------------------------ TOTAL 1st Year Costs Annual Renewal Costs ------------------------------ Finance ------------------------------ Total Annual Renewal Costs COST BREAKDOWN 136,242.77 Schedule A 266,559.64 Schedule B 87,465.03 Schedule C 115,488.12 Schedule D ------------- 605,755.57 148,658.27.Schedule E ------------- 148,658.27 COST ALLOCATIONS *Costs allocated to 4800 businesses in the City of Santa Clarita Total 1st Year Costs 605,755.57 ------------------------------------------- - $126.20 4800 businesses 4,800.00 per business Annual Renewal Costs 148,658.27 ------------------------------------------- $30.97 4800 businesses 4,800.00 per business Schedule A ITEMIZATION OF BUSINESS REGISTRATION IMPLEMENTATION COSTS ---------------------------- Cost Area Fully Alloc. No. of Mrs. Total Cost --------------------------------------------------------------------- Cost/Hr. Revenue Collector 59.95 1,300.00 77,935.00 Attorney 138.63 25.00 3,465.75 Part -Time Intern 30.84 208.22 6,421.50 Executive Secretary 58.90 29.00 1,708.10 Asst. City Manager 99.30 8.00 794.40 Director of Finance 168.78 15.00 2,531.70 Computer Programmer 108.56 32.00 3,473.92 Account Clerk 47.30 10.00 473.00 Clerk Typist 41.86 10.00 418.60 Code Enforcer 37.68 10.00 376.80 Public Information Officer 43.30 40.00 1,732.00 NISSI Software -- -- 27,000.00 Advertising(newspaper,radio) -- -- 3,000.00 Mail -Outs: Postage 0.25 -- 2,400.00 Application Form 0.15 720 Letterhead 0.14 672 Envelopes 0.2 1920 Ceritificate 0.25 1200 --------------------------------------------------------------------- TOTAL START UP COSTS 136,242.77 ' PERMIT FEES Home Occupation Permit Cost/Hr Unit/Hr. Total Cost ------------------------------ Code Enforcement 37.68 0.50 18.84 Planning Techn 29.28 0.50 14.64 Revenue Collector 59.95 1.00 59.95 Account Clerk 47.30 0.33 15.61 ------------------------------ Total Home Occ. Costs ------------- 109.04 Fee -110.00 Special Event Permit ------------------------------ License Officer -Sheriff Dept 45.00 0.75 33.75 Revenue Collector 59.95 0.50 29.98 D.O.J. access file --- --- 27.00 ------------------------------ Total Special Event Costs ------------- 90.73 Fee -90.00 Itinerant Merchant Permit ------------------------------ License Officer -Sheriff Dept 45.00 0.67 29.97 Revenue Collector 59.95 0.50 29.98 ------------------------------ Total Itinerant Merchant Costs ------------- 59.95 Fee=60.00 Business Permit ------------------------------ License Officer -Sheriff Dept 45.00 1.50 67.50 Revenue Collector 59.95 0.50 29.98 D.O.J. access file --- --- 27.00 ------------------------------ Total Business Permit Costs ------------- 124.48 Fee -125.00 NEW APPLICATION REVIEW ------------------------------------------------------- Full Alloc. FINANCE Schedule B Cost/Hr Hrs/Unit ------------------------------ Revenue Collector Account Clerk Clerk Typist Part -Time Intern Computer Programmer Total Finance Costs BUILDING & SAFETY Schedule C Building Official -Indirect Supry Building Insp.-Indirect Supry Permit Specialist Permit Specialist Clerk typist -Indirect Secretary -Indirect Total Building & Safety Costs # of Bus. Dollars 59.95 0.33 4,800.00 95,910.41 47.30 0.25 4,800.00 56,760.00: 41.86 0.17 4,800.00 33,474.60 30.84 0.25 4,800.00 37,008.00 108.56 0.08 4,800.00 43,406.63 ------------------------------ Total Comm. Development Costs ------------- 266,559.64 Full Alloc. % of time Cost/Hr Allocated No. of Hrs. Dollars 38.68 0.07 118.61 4,587.66 17.16 0.07 118.61 2,034.80 63.56 0.54 937.57 59,592..19 48.96 0.18 312.47 15,298.37 39.30 0.05 79.24 3,114.28 35.81 0.05' 79.24 2,837.72 87,465.03 Full Alloc. COMM. DEVELOPMENT Schedule D Cost/Hr Hrs/Unit # of Bus. Dollars ------------------------------ Planning Technician 29.28 0.50 4,800.00 70,272.00 Code Enforcement Officer 37.68 0.25 4,800.00 45,216.12 ------------------------------ Total Comm. Development Costs ------------- 115,488.12 TOTAL APPLICATION REVIEW COSTS ------------- 469,512.79. ...@viii II ...... IIaIIIIGIIII........ ............. ---------------------------------------------------------------------------------- ANNUAL RENEWAL COSTS FINANCE Schedule E Full Alloc. ------------------------------ Cost/Hr Hrs/Unit # of Bus. Dollars Revenue Collector 59.95 0.13 4,800.00 38,358.41 Account Clerk 47.30 0.08 4,800.00 18,912.43 Account Clerk 47.30 0.08 4,800.00 18,912.43. Clerk Typist 41.86 0:08 4,800.00 16,737.30 Part-Time.Intern 30.84 0.08 4,800.00 12,331.07 Computer Programmer 108.56 0.08 4,800.00 43,406.63 ------------- ------------------------------ Total Renewal Costs 148,658.27 C C a 5 IIII G GJ G II@ i i S @SSS II G��- II a II G G G S@ SS@S G @i C S @4 Revenue Collector Account Clerk Clerk Typist Part -Time Intern Computer Programmer ------------------------------ New Application Review Cost Implementation Cost ------------------------------ Total First Year Cost First year cost/business Renewal Cost Costs Spread Over ------------------------------ Year 1 Year 2-5 Year 6-10 Year 11-15 Year 16-20 HOME OCCUPATION APPLICATION COSTS Cost/Hr Unit/Hr. Total Cost 59.95 0.08 23,970.41 47.30 0.17 37,824.86 41.86 0.08 16,737.30 30.84 0.17 24,662.13 108.56 0.08 43,406.63 5yr 10yr 57.90 57.90 123.88 278.73 ------------------------------------------------------- Total Cost 181.78 336.63 Avg. Cost 36.36 33.66 5-20 yr average 36.36 33.66 32.77 32.32 ------------- 33.78 Fee -33.00 146,601.34 131,330.77 277,932.11 57.90 30.97 15yr 57.90 433,58 491.48 32.77 20yr 57.90 588.43 646.33 32.32 COST PER VEHICLE OR MACHINE Cost/Hr Unit/Hr. Total Cost Revenue Collector 59.95 0.02 1.00 Cost of Sticker 0.15 ------------------------------ ------------- Cost of Issuance 1.15 COST OF SWAP MEETS Annual Fee/Business 40.00 Monthly Basis(annual fee/12) 3.33 Fee -3.00 Weekly Basis(annual fee/52) 0.77 Fee- .75 COST OF DUPLICATE CERTIFICATES ------------------------------ Cost/Hr. Clerk Typist 41.86 Account Clerk 47.30 ------------------------------------------- Average Cost/Hr. 44.58 Avg. Cost allocated to 8 Min. 5.94 New Certificat cost 0.25 Total Cost 6.19 Feee6.00 COST OF TRANSFER OF CERTIFICATES ------------------------------ Cost/Hr. Clerk Typist 41.86 Account Clerk 47.30 ------------------------------------------- Average Cost/Hr. 44.58 Avg: Cost allocated to 10 Min. 7.43 New Certificat cost 0.25 Total Cost 7.68 Fee -7.50 ADMINISTRATIVE COSTS Fee=1.00 Cost of Public Report 3.00 for new lookup and generation (per MSI study) Cost of copies of Public Report 1OC each copy (per MSI Study) Cost of Copy of Standard Public .104 each copy (per MSI Study) Report