HomeMy WebLinkAboutORD 06 (2005)ORDINANCE NO. 06 (2005)
AN ORDINANCE OF THE CITY OF DIAMOND BAR ESTABLISHING BUSINESS
REGISTRATION AND AMEN PIN THE DIAMOND BAR MUNICIPAL CODE
The City Council of the City of Diamond Ba� does hereby ordain as follows:
Section 1. Title 5 of the Diamond Bar Municipal Code is amended by adding thereto a new
Chapter 5.200 to read as follows:
Chapter 5.200.
Division I. General Regulations
Section 5.200.010. Definitions.
The following words, terms and phrases, whf
to them in this section, except where the coi
Business Registration
used in this title, shall have the meanings ascribed
ext clearly indicates a different meaning:
Business means any employment avocation, occupation, profession, trade, calling, lawful game,
show, exhibition, event, venture, fund-raising activity, commercial enterprise, company,
corporation, joint enterprise, place of business, partnership or other activity or enterprise engaged
in for gain, profit, benefit, advantage, or livelihood, whether or not a gain, profit, benefit, advantage
or livelihood is earned by such business.
Branch Establishment means a location whee a business is conducted in addition to its main or
fixed place of business.
Business Registration means a process provi ed for in this chapter by which each business owner
having a business or is doing business in the ity is required to provide general information to the
City.
Business Registration Certificate means a written statement issued by the City to a business
owner as evidence of registering a business in the City.
City means the city of Diamond Bar.
Home Based Business means a business conducted within a single-family residential dwelling unit
or residential site, employing occupants of the dwelling unit, with the business activity being
subordinate to the residential use of the property.
Person means and includes any business owner, individual, firm, co -partnership, joint venture,
association, corporation, estate, business trust or any other group or combination acting as a unit.
1
n
Premises means all lands, structures, pi
appurtenances connected or used in any
Section 5.200.020. Purpose.
The purpose of this chapter is to establish a
accurate record of businesses conducting
assist in zoning compliance.
Section 5.200.030. Business Registration a
A. Business Registration.
and also the personal property, equipment and
ness.
latory mechanism whereby the City may maintain
ness in the City, for statistical purposes and to
Fee Required.
No person shall conduct any b isiness in the City without first having obtained a
Business Registration Certificate, paid the applicable business registration fee and
complied with any and all applicable provisions of this code.
2. When a business registration fee is imposed upon any business pursuant to this
chapter and such business is conducted at one or more fixed place of business and
one or more branch establishment, the fee shall be computed as if each fixed place
of business and branch establishment are separate and independent.
(a) A separate Business Re istration Certificate shall be obtained for each
business location and for each separate type of business at the same
location.
3. A Home Based Business shall be required to obtain a Business Registration
Certificate prior to conducting business within a residential dwelling unit or on
residential property.
4. In any business where a county, state, federal license is required, such license shall
be shown to the City before a Business Registration Certificate is issued.
5. A Business Registration Certificate shall not be issued to a business which requires
Workers' Compensation Insurance until satisfactory proof of having Workers'
Compensation Insurance is provi ed to the City.
Fee Required,
1. Every person engaging in business in the City shall pay a business registration fee
as prescribed by resolution adopted by the City Council.
2. The business registration fee is not a revenue raising device, but shall bear a
reasonable relationship to the service to be performed by the City and the costs
incurred by the City in reviewing processing and action upon the application.
3. The City Council shall, from time to time, review the resolution fixing the business
registration fee and shall revoke, odify, adjust, add or determine any amount or
rate of such business registration Ze.
ON
Section 5.200.040. General Application Procedures,
A. Every person operating a business ir the City shall apply to obtain a Business Registration
Certificate. Upon receipt of a compl ted application and any fee required, the City shall
process the application and issue a E usiness Registration Certificate. The application may
be reviewed by other City departments or governmental agencies to determine if the
business premises to be occupied m et the requirements of federal, state, and local laws.
B. Contents of Application.
Each business registration application shall contain the following:
(a) Business name;
(b) Business address;
(c) Mailing address;
(d) Phone number;
(e) Fax number;
(f) Employer I.D. Number (Dr Social Security number);
(g) State resale permit;
(h) State employer I.D. number;
(i) State contractors/business and profession license number (if applicable);
6) Type of business beingconducted;
(k) Days and hours of operation.
(1) Start date;
(m) Type of ownership;
(n) Owners or principal officers;
(o) Description of all vehicles and mechanical equipment owned by or under the
control of the business.
(p) Business license number;
(q) Business Registration fee paid;
(r) Health permit number;
(s) Workers' Compensation Insurance Policy number, date and date of
expiration if applicable; and
(t) Such other informationFnforcement
may be required by the application form or
requested by the City for and administration of this chapter.
Section 5.200.050. Contents of Business R
A. Upon the payment for business registral
Registration Certificate which shall coni
Type of business;
2. Name of business
3. Business location;
4. Business tax number;
5. Business owner;
ion Certificate.
n, the City shall issue to the applicant a Business
n the following:
6. Expiration date;
7. Amount of fee paid for business registration; and
8 Such other information as deemed necessary by the City.
Section 5.200.060. Annual Renewal of Busi ess Registration.
A. Business registration fees shall be due and payable annually in advance.
B. Any person applying to renew a business registration shall submit to the City a completed
renewal application and pay the renewal fee. Business Registration Certificates shall be
renewed annually. Renewal shall occL r prior to the last day of the month of the following
year that the Business Registration Certificate was issued.
C. If deemed necessary, the City may establish alternative registration periods for individuals
or businesses. In no instance shall a registration period extend for more than one year or
less than one day.
Section 5.200.070. Refunds.
No business registration fees or penalties coli
Section 5.200.080. Duplicate Business
Transfer of Business Registration.
shall be refundable.
stration/Modification to Business Registration/
A. Duplicate Business Registration. Upon filing a statement indicating that a Business
Registration Certificate has been lost of destroyed, and after paying a fee, a duplicate
Business Registration Certificate shall be issued by the City.
B. Modification to Business Registration. Where a Business Registration Certificate is issued
authorizing a person to engage in a business under a particular business name at a
particular location, the Business Registration Certificate may be amended to reflect the
modification after paying the business registration fee.
C. Transfer of Business Registration Certificate. Upon change of ownership, a Business
Registration Certificate is transferable subject to the filing of a new application and paying
the business registration fee.
Section 5.200.090. Business Registration l=ee Received by Mail.
Whenever any payment, statement, report or ol her communication is received after a deadline
prescribed by this chapter, but is received in a sealed envelope with a postmark dated on or
before such deadline, the City may regard such payment, report or other communication as
having been received within the appropriate time frame.
Section 5.200.100. Posting and Keeping Business Registration Certificate.
A. Any person engaging in business at a fixed location or branch establishment in the City
shall keep a Business Registration Certificate posted in a conspicuous place upon the
premises where the business is carried on.
C]
B. Any person engaging in business,
establishment in the City, shall be in p
times while on such business in the
but not operating at a fixed location or branch
)ssession of a Business Registration Certificate at all
ity.
Section 5.200.110. Authority to Enforce/En�ry to inspect.
A. Authority to Enforce. The City shall have authority to enforce each of the provisions of this
chapter. The Los Angeles County Sheriff Department and other City departments shall
render assistance in the enforcement of this chapter as may be necessary. The City
Attorney is authorized to file a complaint against any persons found in violation of this
chapter.
B. Entry to Inspect. The City, deputy she
to enforce the provision of this chapte
business, free of charge and at any
Registration Certificate posted in a coi
does not have a Business Registratic
Certificate, the business owner is guil
ills, fire inspector, an other City officers empowered
, shall have the power and authority to enter into a
?asonable time, and required to see the Business
spicuous place upon the premises, if the business
i Certificate and/or posted Business Registration
i of a misdemeanor.
Section 5.200.120. Penalties for Deli nquen y/Action to Collect.
A. Penalties for Delinquency. Any person engaging in business in the City who fails to pay
. the appropriate business registration fee shall be subject to the following penalties:
For failure to pay a business registration fee when due, the City shall double the fee
on the day following the last day of each consecutive thirty day interval following the
due date while the fee remains unpaid.
2. For failure to secure a Business Registration Certificate to engage in business, the
business registration fee shalt tie due and payable from the first date the person
engaged in the business together with applicable penalties provided in subsection
A. 'i . of this se;;tion.
B. Action to Collect. Notwithstanding subsection A.1. of this section, should court action be
required to collect any business registration fee and/or penalties, an additional penalty shall
be charged equal to the cost incurred by the City for court action, including attorney fees.
All penalties shall be added to the business registration fee and shall become due and
payable along with the delinquent busi ess registration fee.
Section 5.200.130. Withholding a Business J egistration Certificate.
The City shall withhold a Business Registration Certificate to engage in business from any person
when there are pending violations of any City code against such person and/or business applying
for a Business Registration Certificate, or when a debt is owed to the City as a result of a violation
of this Code.
Section 5.200.140. Appeal.
Any person aggrieved by any decision of the ity with respect to the issuance or denial of a
Registration Certificate shall have the right to ppeal to the City Council by filing an appeal with
the City Clerk within ten (10) days of th- dM�-
of the action being appealed and paying any appeal
fee determined by resolution of the City ncil.
Section 5.200.150. Remedies Cumulative.
All remedies prescribed in this chapter shall a cumulative and the use of one or more remedies
by the City shall not prohibit the use of any ther remedy for the purpose of enforcing the
provisions of this chapter.
PASSED, APPROVED AND ADOPTED THIS 17th DAY OF later
"',' :�UNCIL OF THE CITY OF DIAMOND BA 2005, BY THE CITY
Wen P. Chang, Mayor
1, Linda C. Lowry, City Clerk of the City of [
Ordinance was introduced at a regular meetin
on the —3;;� day of ._::ate 2005 and was fin
of the City of Diamond Bar held on the a 7 l-
AYES: Council Members: Her
NOES: Council Members: tioaxe
ABSENT: Council Members: hone
ABSTAIN: Council Members: hc�rxe
iamond Bar do hereby certify that the foregoing
of the City Council of the City of Diamond Bar held
Jly passed at a regular meeting of the City Council
day of y , 2005 by the following vote:
'a,, Zirbe�- r MST/O $ Conn.or, M/Chang
4
Linda C. L ��, fty Cle0k�
City of Diamo �, ar