Chapter 13.10
GENERAL PROVISIONS
Sections:
13.10.040 Business certificate – Required.
13.10.050 Business certificate – Fee.
13.10.060 Business certificate – Proof of other authority.
13.10.070 Business certificate – Evidence of doing business.
13.10.080 Business certificate – Exemptions.
13.10.090 Business certificate – Exemption to fees.
13.10.100 Business certificate – General application procedures.
13.10.110 Business certificate – Issuance and renewal.
13.10.120 Business certificate – Term.
13.10.130 Business certificate – Production at request.
13.10.140 Business certificate – Nontransferable and nonrefundable.
13.10.150 Business certificate – Duplicate.
13.10.160 Business certificate – Denial.
13.10.180 Grounds for denial or revocation.
13.10.190 Business certificate – Appeal of denial.
13.10.200 Withholding a business certificate.
13.10.210 Constitutional apportionment.
13.10.220 Violations and penalties.
13.10.010 Purpose.
A. This title is enacted to protect the public interest, health, welfare and safety by establishing a regulatory mechanism where the City may review all new and existing businesses operating in the City, ownership and management of specific types of businesses, maintain an accurate record of businesses conducting business in the City, and to ensure all businesses are made aware of and conform to all City zoning, fire and public safety ordinances, rules and regulations by requiring them to register and procure a business certificate from the City.
B. This title is also intended to streamline the business certificate, home occupation permit and business occupancy permit processes into one business certificate registration system.
C. This title is also intended to protect the interests of legitimate businesses in the City from unfair competition with businesses operating in violation of Federal, State and local laws.
D. This title is not intended to impose any form of taxation on the business community nor to collect in fees more money than is necessary to recover the administrative costs. This title is not designed to raise revenue, nor is it a substitute for land use regulations. (Ord. 2074 § 2, 2018)
13.10.020 Scope.
Unless otherwise expressly exempted, this title applies to all manner of commercial activities to include, without limitation, professions, trades, occupations and callings, whether or not carried on for profit. This includes, but is not limited to, apartment complexes, apartment houses, contractors, delivery route operators, hotels, peddlers, and solicitors. (Ord. 2074 § 2, 2018)
13.10.030 Definitions.
The following words, terms and phrases, when used in this title, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
A. “Applicant” means a person who has applied for, but not obtained, a business certificate or renewal required by this title.
B. “Application” means a written request made to the City by the applicant for a business certificate or renewal required by this title.
C. “Business” means professions, trades and occupations, and all and every kind of calling, whether or not carried on for profit. For purposes of this title, a business does not include the renting of two or fewer residential dwelling units.
D. “Business certificate” means a certificate issued pursuant to this title by which each business owner having a business, or doing business in the City, is required to provide general information to the City.
E. “City” means the City of Coronado.
F. “Commercial activity” means professions, trades and occupations, and all and every kind of calling, whether or not carried on for profit.
G. “Director” means a person designated by the City Manager who shall be responsible for the administration of this title. The Director may make rules, regulations, procedures and guidelines consistent with the provisions of this title as may be necessary or desirable to aid in the enforcement of the provisions of this title.
H. “Fixed place of business” or “established place of business” means a permanent store, office, or place where business is legally and regularly transacted from month to month in such a manner as a business of that nature is generally conducted and where circumstances show an intention to become an established and continuous part of the regular and legitimate business life of the City.
I. “Peddler” means every person not having a regularly established place of business in the City and who travels from place to place or has a stand upon any public street, alley or other public place, doorway of any room or building, unenclosed or vacant lot or parcel of land, who sells or offers for sale any goods, wares, or merchandise in his possession.
J. “Person” means all domestic and foreign associations, corporations, syndicates, joint stock corporations, partnerships of every kind, clubs, business or common law trusts, and societies and individuals transacting and carrying on commercial activity in the City, other than as an employee.
K. “Sale” includes the transfer, in any manner or by any means whatsoever, of title to property for a consideration; the serving, supplying or furnishing for a consideration of any property; and a transaction whereby the possession of property is transferred and the seller retains title as security for the payment of the price shall likewise be deemed a sale. The foregoing definition shall not be deemed to exclude any transaction which is, or which in effect, results in a sale within the contemplation of law.
L. “Solicitor” means all persons, both principal or agent, who go from house to house, or to only one house, or upon any street, sidewalk, alley, plaza, or in any park or public place in the City, soliciting either by sample or otherwise the sale of goods, wares, merchandise, services, magazines, periodicals, or other publications, or subscriptions for the same, regularly published newspapers excepted, for themselves, or for firms which do or do not have an established place of business in the City or who offer to or distribute to any person any coupon, certificate, ticket, or card which is redeemable in goods, wares, merchandise, or services.
M. “Sworn statement” means an affidavit sworn to before a person authorized to take oaths, or a declaration or certification made under penalty of perjury. (Ord. 2074 § 2, 2018)
13.10.040 Business certificate – Required.
A. No person shall conduct any business in the City without first having obtained a business certificate, paid the applicable business certificate fee and complied with any and all applicable provisions of this code.
B. A separate business certificate shall be obtained for each business location and for each separate type of business at the same location. Each certificate shall authorize the holder to transact and carry on only the business certified at a given location.
C. A new business certificate shall be required whenever:
1. There is a change of business name;
2. There is a change of business ownership;
3. There is a change of physical location; or
4. There is a change of the type or nature of business. (Ord. 2074 § 2, 2018)
13.10.050 Business certificate – Fee.
A. At the time of application for a business certificate, the applicant shall pay a fee for the processing and issuing of the certificate in an amount established by City Council resolution.
B. When a business license fee is imposed upon any business pursuant to this title and such business is conducted at one or more fixed places of business and one or more branch establishments, the fee shall be computed as if each fixed place of business and branch establishment is separate and independent.
C. The business license fee is not a revenue-raising device, but shall bear a reasonable relationship to the costs incurred by the City in reviewing, processing and acting upon the application. (Ord. 2074 § 2, 2018)
13.10.060 Business certificate – Proof of other authority.
A. The applicant may be required to submit proof of obtaining such other Federal, State, County or City permits, approvals and licenses as are necessary for the conduct of the applicant’s business.
B. If the applicant’s business requires a license, approval or permit from some public or private entity or person, then proof thereof may be required at the time of filing the application for the business certificate. (Ord. 2074 § 2, 2018)
13.10.070 Business certificate – Evidence of doing business.
When a person by use of signs, circulars, cards, telephone book, newspapers, or other form of advertisements holds out, or represents that such person is conducting business in the City, or when a person holds an active license or permit issued by a government agency indicating that such person is in business in the City, then these facts shall be considered prima facie evidence that such person is conducting a business in the City for purposes of this title. (Ord. 2074 § 2, 2018)
13.10.080 Business certificate – Exemptions.
A. Civic groups, service clubs or social organizations, persons renting two or fewer residential dwelling units, casual workers such as babysitters, tutors, music teachers and the like shall be exempt from the requirement to obtain a business certificate.
B. Businesses which are exempt from the payment of fees or taxes to a municipal corporation by operation of the Constitution or statutes of the State of California or the United States shall be exempt from the requirement to obtain a business certificate. (Ord. 2074 § 2, 2018)
13.10.090 Business certificate – Exemption to fees.
A. Charitable organizations meeting the conditions listed below are subject to the requirement to obtain a permit but shall be exempt from the payment of the certificate fee; provided, that the exemption from payment of a business certificate fee shall not waive compliance with any and all other ordinances and regulations applicable to such exempt institution or organization. The payment of the certificate fee will not be required to conduct, manage or carry on any business, occupation or activity from any institution or organization which is conducted, managed or carried on wholly for the benefit of charitable purposes or from which profit is not derived, either directly or indirectly, by any individual, firm or corporation.
B. There is further exemption from payment of any business certificate fee for any entertainment, concert, exhibition or lecture whenever the gross receipts of such activity are to be appropriated to any church or school or to any religious or benevolent or charitable purpose and no salaries, wages or fees are paid in connection therewith; provided, that the provisions of this code and all other ordinances and regulations of the City shall be complied with.
C. Further, no business license registration fee shall be required in connection with any entertainment, dance, concert, exhibition or lecture by any religious, charitable, fraternal, educational, military, State, County, or municipal organization or association when the receipts of any such activity are to be appropriated for the purposes and objective for which such association or organization was formed and from which no profit is derived, either directly or indirectly, by any individual, firm or corporation; provided, that the provisions of this code and all other ordinances and regulations of the City shall be complied with.
D. Nothing in this section shall be deemed to exempt any person, firm, organization, or association from complying with the provisions of any ordinance of the City requiring a permit or approval from the City Council or from any officer to conduct, manage, or carry on business activity. (Ord. 2074 § 2, 2018)
13.10.100 Business certificate – General application procedures.
A. Applications for a business certificate shall be filed with the City and shall comply with the following requirements:
1. Completion of an application on the form designated by the City and signed by the applicant under penalty of perjury;
2. Applications for new business certificates and business certificate renewals shall be filed a minimum of 30 days prior to the date required for issuance of the certificate;
3. Payment of the applicable filing fee; and
4. Such other information as may be required for the City.
B. The City shall formulate and publish “The City of Coronado Business Certificate Guidelines.” The Director shall have the authority to change, update, and revise the guidelines as necessary in order to implement the provisions of this title.
C. A business certificate application may be reviewed by any City department or any governmental agency to determine if the business operations and premises to be occupied meet the requirements of Federal, State or local laws. The Director may also refer to any governmental agency any information submitted by any person subject to the provisions of this title in connection with the conduct of a business regulated, or supervised, or otherwise the concern of any such agency, including agencies concerned with health regulations, zoning conformance, fire safety, police considerations, or any other safeguard of the public interest. Failure to comply with conditions required by other agency review shall result in revocation of the certificate once it is granted. (Ord. 2074 § 2, 2018)
13.10.110 Business certificate – Issuance and renewal.
A. No certificate shall be issued until an application for a business certificate has been completed and filed with the City, all business certificate fees are paid, and all City officers or departments required to investigate or review the application or inspect the premises or facilities to be occupied or used have approved of such issuance.
B. Except as otherwise provided in this title, when an applicant submits a timely business certificate renewal application and pays the renewal processing fee as set by resolution of the City Council, the City shall renew the business certificate, to be effective upon the expiration of the old business certificate.
C. All certificates shall be renewed not later than 30 days after expiration. Renewal is the obligation of the business certificate holder. (Ord. 2074 § 2, 2018)
13.10.120 Business certificate – Term.
All business certificates shall be issued for the calendar year or portion remaining in the calendar year. All business certificates shall be required to be renewed on or before January 1st of each calendar year. (Ord. 2074 § 2, 2018)
13.10.130 Business certificate – Production at request.
Any person engaging in business, whether or not at a fixed location or branch establishment in the City, shall have in their possession and be able to produce a copy of said business certificate if requested to do so by a City of Coronado employee in the course of their official duties. (Ord. 2074 § 2, 2018)
13.10.140 Business certificate – Nontransferable and nonrefundable.
A. No business certificate applied for or issued pursuant to this title shall be transferable or refundable.
B. The assignment of or attempt to assign any business certificate pursuant to this title is unlawful and any such assignment or attempt to assign a business certificate shall render the certificate null and void. (Ord. 2074 § 2, 2018)
13.10.150 Business certificate – Duplicate.
A duplicate business certificate may be issued by the City to replace any business certificate previously issued under this title which has been lost or destroyed, upon the certificate holder filing a sworn statement attesting to such fact and, at the time of filing such statement, paying a duplicate business certificate fee as determined by the Administrative Services Director. (Ord. 2074 § 2, 2018)
13.10.160 Business certificate – Denial.
Any person denied a business certificate shall be fully advised, in writing, of the grounds for such a denial. (Ord. 2074 § 2, 2018)
13.10.170 Right to revoke.
A. Every certificate granted under this title is granted and accepted by all parties with the express understanding that the City Council may revoke the certificate if it is in the best interest of the health, welfare and safety of the public to do so and grounds for such revocation exist.
B. Before a certificate may be revoked, the City Council must hold a public hearing with the notice of the time and place of the public hearing and the reason or reasons for the hearing given to the certificate holder. (Ord. 2074 § 2, 2018)
13.10.180 Grounds for denial or revocation.
A certificate required by this title may be denied or revoked, pursuant to this title, upon one or more of the following grounds:
A. Proper application as prescribed in this title has not been made or information submitted is inaccurate or incomplete;
B. The fee for such certificate has not been paid;
C. Delinquent certificate fees have not been paid;
D. The conduct of the business is contrary to local, State or Federal law;
E. Information provided on the application is proved false. (Ord. 2074 § 2, 2018)
13.10.190 Business certificate – Appeal of denial.
A. Any person aggrieved by the decision of an administrative officer or agency with respect to the issuance or refusal to issue a certificate may appeal that decision to the City Manager within 30 days of the date of the denial or the date of issuance of the certificate. The appeal must be in writing and filed with the City Clerk. Following the filing of an appeal, the City Manager or designee must notify the appellant of a time and place for a hearing to review the appeal.
B. If the person is not satisfied with the decision of the City Manager, the person may appeal to the City Council within 30 calendar days of receipt of the notice of the City Manager’s decision by filing a written appeal with the City Clerk. The City Clerk shall fix a time and place for hearing the appeal within 30 calendar days of the filing of the appeal if possible and provide the appellant with sufficient notice by serving the appellant personally or by sending the notice by registered mail addressed to the appellant at the last known address. The City Council shall have the authority to determine all questions raised on appeal. (Ord. 2074 § 2, 2018)
13.10.200 Withholding a business certificate.
The City shall withhold a business certificate from any person when there are pending violations of this code against such person and/or business applying for a business certificate, or when a debt is owed to the City as a result of a violation of this code. (Ord. 2074 § 2, 2018)
13.10.210 Constitutional apportionment.
A. None of the fees imposed by this title shall be so applied as to occasion an undue burden upon interstate commerce or be violative of the equal protection and due process clauses of the Constitutions of the United States and the State of California.
B. In any case where a fee imposed by this title is believed by a certificate holder or applicant for a certificate to place an undue burden upon interstate commerce or be violative of such constitutional clauses, the applicant may apply to the City Council for an adjustment of the fee. Such application may be made before, at, or within six months after payment of the prescribed fee. The decision of the City Council shall be final. (Ord. 2074 § 2, 2018)
13.10.220 Violations and penalties.
A. Any person who fails to apply for and receive a certificate prior to the start of business, or has not applied for the renewal of an existing certificate prior to the expiration of the certificate, is in violation of this title and shall be assessed an administrative penalty fee as follows:
1. 31 days to 60 days overdue, a penalty of $50.00 shall be assessed;
2. 61 to 90 days overdue, a penalty of $100.00 shall be assessed; and
3. 91 days or more overdue, a penalty of $200.00 shall be assessed.
B. If a person fails to file for a certificate as provided in this title within 30 calendar days after being informed to do so, or fails to pay the business certificate fee or violates any of the other provisions of this title, or knowingly or intentionally misrepresents any material facts to any officer or employee of the City in procuring the certificate provided in this title, or continues to operate a business after the business registration certificate has been revoked, the person is deemed to be in violation of this title.
C. Where the conduct constituting a violation is of an ongoing and continuing nature, each day of such conduct is a separate and distinct violation.
D. In addition to the administrative penalty fee authorized under this title, the City retains the ability to exercise the enforcement provisions provided in Chapter 1.08 CMC. (Ord. 2074 § 2, 2018)