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Home My WebLink AboutORD 108 1989 0419ORDINANCE NO. 108 AN ORDINANCE OF CITY OF MOORPARK, CALIFORNIA, AMENDING THE MOORPARK MUNICIPAL CODE BY ADDING CHAPTER 5.06 RELATIVE TO BUSINESS REGISTRATION WHEREAS, pursuant to Business and Professions Code Section 16000, the City may regulate business transacted and carried on within its corporate boundaries. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. The Moorpark Municipal Code is hereby amended by adding Chapter 5.06 to Title 5 to read as follows: CHAPTER 5.06 BUSINESS REGISTRATION 5.06.010 Definitions. As used in this chapter, the following words shall have the following meanings. (1) "Business" shall mean profes- sions, trades, or occupations of all and every kind of calling which are engaged in for the purpose of earning, in whole or in part, a profit or livelihood, whether or not a profit or livelihood is actually earned, and whether paid for in money, goods, labor or otherwise. Business includes professions, trades or occupations which do not have a fixed location within the city. (2) "Person" shall mean a natural individual, corporation, whether foreign or domestic, joint venture, association, partnership, estate or trust, or any combination thereof, acting as a unit and engaged in any business in the city other than as an employee. CJK /ORD4910 5.06.020 Business Registration Permit Required. No person shall engage in any business within the city without a valid business registration permit issued pursuant to this chapter or in violation of any provision of this chapter. Such business registration shall not be required of any person who is required to obtain a peddler's, itinerant merchant's, solicitor's or similar license pursuant to Chapter 5.02 of this code. 5.06.030 Permit Required For Each Business Location. A separate business registration permit shall be required for each branch establishment or location of a business. 5.06.040 Permit Application. (A) Application for a business registration permit shall be filed with the city manager or designee upon a form provided by the city. The permit application shall not be deemed filed unless the form has been filled out completely and accurately by the applicant. The applicant shall be the person desiring to engage in the business or by such person's duly authorized representative. The application shall be accompanied by a filing fee in an amount established by resolution of the city council. (B) The application shall contain the following: (1) The name, business address and telephone number and mailing address of the person who will engage in the. business. If such person is a corpora- tion, the name and address of each director and the name and address of each officer who is duly authorized to accept service of legal process. (2) The name, title, business address and telephone number, and mailing address of the applicant. (3) The business address and telephone number, and mailing address of the business. -2- CJK/ORD4910 (4) If the business is advertised to the public by a name or designation other than the name of the applicant, that name or designation. (5) The nature of the business. (6) The signature of the applicant acknowledging under penalty of perjury that the information provided on the application by said person is true and correct to the best of that person's knowledge and belief. (7) Such other and further infor- mation as the city manager may deem necessary. 5.06.050 Initial Application. (A) For a business that was commenced on, or prior to, the effective date of this chapter, a permit application shall be filed on or before the 31st day of July, 1989. (B) For a business that commences after the effective date of this chapter, a permit application shall be filed prior to commencement of the business. 5.06.060 Annual Renewal. A business registration permit shall be valid for one year from the date of issuance. The permit shall be renewed annually by the filing of a permit application not more than 30 days nor less than 15 days prior to the expiration of the current permit. 5.06.070 Posting Permit. Every business registration permit shall be posted in a conspicuous place upon the premises where such business is conducted. -3- CJK/ORD4910 5.06.080 Form and Content of Permit. (A) The business registration permit shall be prepared and issued upon approval by the city manager or designee. The permit shall be deemed null and void if the permit application contained false or misleading information. (B) Each permit shall state upon the face thereof the following: (1) The name of the business or person to whom the permit is issued; (2) The code section under which the business is registered; (3) The location of the business; (4) The date of the issuance of the permit; (5) The date of the expiration of the permit; (6) A permit control number, unique to each permit; (7) The official seal of the city; and (8) Such other and further information as the city manager shall deem appropriate. 5.06.090 Transfer of Permit. No business registration permit shall be transferred, except that when a permittee transfers the business from one location to another location in the city, the current permit may be amended by the city manager or designee to authorize the conduct of the business at the new location. Application for the transfer shall be filed on a form provided by the city for that purpose prior to the effective date of the transfer. The transfer application shall not be deemed filed unless the form has been filled out completely and accurately by the permittee or such person's duly authorized representative. The application shall be accompanied by a CJK /ORD4910 transfer fee in an amount established by resolution of the city council. 5.06.100 Compliance with Other Laws and Regulations. The fact that a business registration permit has been issued shall not serve to authorize or legalize any business or business activity which violates any federal, state or local statute, ordinance, rule or regulation. 5.06.110 Violations. Any person who violates any provision of, or fails to comply with any requirement of, this chapter is guilty of a misdemeanor /infraction and, upon conviction thereof, shall be punished in accordance with Chapter 1.01 of this code. SECTION 2. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The city council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 3. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 4. The city clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said city; shall make a minute of the passage and adoption thereof in the records of the proceedings of the city council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark News, a weekly newspaper of -5- CJK/ORD4910 general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED this 19th day of April 1989. Mayor of the City of Moorpark, California ATTEW: j City Clerk -n- CJK/ORD4910 MOORPARK LLOISE BROWN STEVEN KUENY Mayor /o?.. moo City Manager BERNARDO M. PEREZ i f' %i.j'_ ;�� CHERYL J. KANE Mayor Pro Tem l 1 ;1�,/ .: ;, �`�/ ' :f' 1. City Attorney CLINT HARPER, Ph. D. r�r, PATRICK RICHARDS, A.I.C.P. Councilmember o`./ ^ i:o Director of PAUL LAWRASON o-� Community Development Councilmember `a. R. DENNIS DELZE(T SCOTT MONTGOMERY City Engineer Councilmember JOHN V. GILLESPIE RICHARD T. HARE Chief of Police City Treasurer STATE OF CALIFORNIA ) COUNTY OF VENTURA ) SS. CITY OF MOORPARK ) I, Richard Hare, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 108 was adopted by the City Council of the City of Moorpark at a meeting held on the 19th_ day of April , 1989, and that the same was adopted by the following vote: AYES: Councilmembers Lawrason, Perez and Mayor Brown. NOES: None. ABSENT: Councilmembers Harper and Montgomery. ABSTAIN: None. WITNESS my hand and the official seal of said City this 20th day of April 1 1989. R-ficharid"Tare City Clerk (Sear) 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864