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HomeMy WebLinkAboutOrdinance 1233 (Business License)CLERK'S CERTIFICATE 1, MARION A. GRADY, City Clerk of the City.pf San Rafael, and Ex -officio Clerk of the Council of said City do hereby certify that the foregoing Charter Ordinance No. 1233 entitled: An Ordinance of the City of San Rafael amending the business license ordinance Chapter 10.04 of the Muni- cipal. is a true and correct copy of an ordinance of said City, and was introduced at a regular meeting of the City Council of the City of San Rafael, held on,the 2nd day of August 19 76 Published as re- quired by City Charter in the Independent Journal a newspaper printed and published in the City of Sari Rafael and passed and adopted as an ordinance of said City at a regular meeting of the City Council of said City held on the 16th day of August 19 76 by the following vote, to -wit: Ayes: Councilmen:Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini Noes: Councilmen:None Absent: Councilman:None 14ITNESS my hand and the official seal of the City of San Rafael this 3,e, day of 7 dc?r 197 MARION A. GRADY, City Clerk? FOLLOWS: ORDINANCE NO. 1233 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE BUSINESS LICENSE ORDINANCE, CHAPTER 10.04 OF THE MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS DIVISION 1. Sections 10.04.010 (R), 10.04.020, 10.04.040, 10.04.050 and 10.04.220 of Chapter 10.04, Title 10 of the San Rafael Municipal Code are hereby repealed. DIVISION 2. New Sections 10.04.010 (R) , 10.04.. 020 and 10.04.040 are hereby added, and the San Rafael Municipal Code shall be amended to read as follows: Section 10.04.010 Definitions. (R) "Part-time or temporary employee" means all persons engaged in the operation or conduct of any business for less than twenty (20) hours per week for a period of more than three (3) months during the year except the owner, a member of the owner's immediate family, or partner, and whether paid by salary or commission. Section 10.04 .020 Business License - Generally. (A) Contents of License. Every person required to have a license under the provisions of this ordinance shall make application for same to the City of San Rafael; and upon the payment of the prescribed license fees and compliance with all other applicable City ordinances the City shall issue to such person a license which shall contain (1) the name of the business to which it is issued, (2) the kind of business licensed, (3) the amount of license fee paid therefor, (4) the location of such business, and (5) the date of expiration of such license. (B) Affidavit - First License. Upon a person making application for the first license to be issued under or for a newly established business such person shall furnish to the City of San Rafael a verified written statement, upon a form provided by the City, setting forth such information as may be required and necessary to determine the amount of the license fee to be paid by the Applicant. (C) Affidavit - Renewal License. Applications for renewal of a license shall submit to the City a verified written statement, upon a form to be provided by the City setting forth such information concerning the Applicant's business during the preceeding year as may be required to ascertain the amount of license fee to be paid by the applicant for the ensuing year. (D) Any change of ownership or change of location shall be reported by written application to the Treasurer at least fifteen (15) days prior to the intended date of change; any person or business operating after such a change without having first made application to the Treasurer shall be construed to be operating without a valid business license and shall be subject to the same remedies and penal provisions as provided for persons operating without a business license. —`— C4RIO ^U'atiAL (E) Statements Not Conclusive. No statements shall be conclusive as to the matters set forth therein, nor shall the filing of the same preclude the City from collecting by appropriate action such sum as is actually due and payable hereunder. Each statement shall be subject to audit and verification by the City or its designated employees who are hereby authorized to examine and inspect employment records of any licensee or applicant for license, as may be necessary to verify or ascertain the amount of license fee due. (F) Duplicate Licenses. A duplicate license may be issued by the business license administrator to replace any license previously issued hereunder, which has been lost or destroyed, upon the licensee's giving an affidavit attesting to such fact, and at the time of filing such affidavit, paying to the city a duplicate license fee of seven dollars fifty cents ($7.50) . (G) Business License Administrator Not Required to Send Bill. The business license administrator is not required to send a notice or bill to any person subject to the provisions of this chapter, and failure to send such notice or bill shall not affect the validity of any license fee due hereunder. (H) Interstate Commerce. Every peddler or solicitor or any other person claiming to be entitled to exemption from the payment of any license fee on the grounds that such a license fee would interfere with the right to engage in inter -state commerce, shall file a verified statement disclosing the basis for such exemption. A fee of fifteen dollars ($15.00) shall be paid to cover the cost of registration. (I) No License Transferable - Amended License for Changed Location. No license issued pursuant to this chapter is transferable, provided that where a license is issued authorizing a person to carry on a business at a particular place, such license may, upon application therefor and paying a fee of seven dollars fifty cents ($7.50) , have the license amended to authorize the carrying on of such business at some other location to which the business is or is to be moved. Change of ownership must be recorded by filing of application and payment of a three dollar ($3) recording fee. (J) Posting and Keeping Licenses. All licenses must be kept and posted in the following manner: (1) Any licensee engaged in business at a fixed place of business in the city shall keep the license posted in a conspicuous place upon the premises where such business is carried on; (2) Any licensee engaged in business, but not operating in a fixed place of business in the city, shall keep the license upon his person at all times while engaging in such business in the city. (K) Two or More Businesses at Same Location. Whenever separate types of business are operated under one ownership at the same location, the business shall be licensed under the main or primary business at that location. Individual fees imposed under other sections of this ordinance and employee fees shall be charged for each type of business, in addition to the basic fee which shall be the larger of any of the basic fees charged for the individual type of business. - 2 - (L) Separate License for Each Place of Business or Branch. A separate license must be obtained for each branch establishment or location of the business engaged in and each license shall authorize the licensee to engage only in the business licensed thereby, at the location or in the manner designated in such license, provided that warehouses and distributing plants used in connection with and incidental to businesses licensed under this chapter are not separate places of businesses or branch establishments. Section 10.04.040 .Business License Fees. The City Council shall adopt by resolution Business License Fees. DIVISION 3 . If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid such decision shall not affect the validity of the remaining portions of this ordinance. The Council hereby declares that it would have adopted the ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sen- tences, clauses or phrases be declared invalid. D IV I S I ON 4 . This ordinance shall be published once in full before its final passage in the Independent Journal , a newspaper of general circulation, printed, published and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. C. PAUL BETTINI, Mayor ATTEST: MARION A. GRADY, City C2rk The above and foregoing Ordinance No. 1233 r.,vas read and introduced at a reaular meeting of the City Council of the City of San Rafael, held on Mondav , the 2nd day of Auaust , 1976, and was ordered passed to print by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen and Mulryan and will come up for adoption as an Ordinance of the City of San Rafael at a regular meeting of the Council to be held on Monday the 16th day of August 1976. G?f MARION A. GRADY, City Clerkb/ - 3 -