HomeMy WebLinkAboutAGENDA REPORT 2013 0206 CCSA REG ITEM 11A ITEM 11.A.
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ORDINANCE NO. 417
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, REPLACING IN ITS
ENTIRETY SECTION 5.08.020, EXEMPT
ORGANIZATIONS, ACTIVITIES, PERSONS; OF CHAPTER
5.08, BUSINESS REGISTRATION PERMIT; OF TITLE 5,
BUSINESS TAXES, LICENSES AND REGULATIONS; OF
THE MOORPARK MUNICIPAL CODE
WHEREAS, at its meeting of January 16, 2013, the City Council considered
proposed amendments to Section 5.08.020 Exempt Organizations, Activities, Persons
of Chapter 5.08 Business Registration Permit, of Title 5 Business Taxes, Licenses and
Regulations, of the Moorpark Municipal Code and reached a decision;
WHEREAS, the City Council concurs with the Community Development
Director's determination that this project is, exempt from the provisions of the California
Environmental Quality Act by the general rule that CEQA only applies to projects that
may have a significant effect on the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 5.08.020 Exempt Organizations, Activities, Persons of
Chapter 5.08 Business Registration Permit, of Title 5 Business Taxes, Licenses and
Regulations, of the Moorpark Municipal Code is replaced in its entirety, as shown in
Exhibit A.
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 section, 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 Ventura County Star a newspaper of general circulation, as defined in Section 6008
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Ordinance No. 417
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of the Government Code, for the City of Moorpark, and which is hereby designated for
that purpose.
PASSED AND ADOPTED this 6th day of February, 2013.
Janice S. Parvin, Mayor
Maureen Benson, City Clerk
ATTACHMENTS:
Exhibit A: Proposed Amended Section 5.08.020
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Ordinance No. 417
Page 3
EXHIBIT A
5.08.020 Exempt organizations, activities, persons.
A. Nothing in this chapter shall be deemed or construed to apply to any
person, business or activity exempt by virtue of the Constitution, statutes or laws of the
United States or the State from the requirement to obtain a permit or pay for a permit or
an application, renewal, amendment or duplicate permit fee.
B. In addition, the following organizations, activities and persons are exempt
from certain provisions of this chapter, as follows:
1. Nonprofit organizations. An institution or organization that is exempt from the
payment of federal income taxes under Subchapter F, commencing with Section 501, of
Chapter 1 of Subtitle A of the Internal Revenue Code of 1986, as amended from time to
time, or that is exempt from the payment of State income taxes under Cal. Revenue and
Taxation Code, Chapter 4, commencing with Section 23701, of Part 11 of Division 2, as
amended from time to time. Exemption shall apply upon presentation of proof of
nonprofit status.
2. Benefit, charitable and nonprofit activities. Any entertainment, dance, concert,
exhibition or lecture from which the gross receipts are to be donated to a nonprofit
institution or organization described in subsection (1) of this section, to the State, the
county, the city or to any school or house of worship, is exempt from the requirements
imposed by this chapter to obtain a permit and pay permit taxes, provided that profit,
other than wages paid to employees of such institutions or organizations, is not derived
from such activity, either directly or indirectly, by any person. The exemption set out in
this subsection shall not apply to persons employed to promote benefit, charitable and
nonprofit activities.
3. Independent city contractors. Independent city contractors providing any work
or service exclusively to the city and not to any person, business, or entity located in the
city.
4. Individual vendors at a one-day or two-day special event within the city for
which a temporary use permit has been issued.
5. Individual vendors at a city-permitted swap meet or farmers' market exempt
from the requirement by the state board of equalization requirement for a seller's permit
as "occasional sellers."
6. Sellers of only nontaxable food items at a city-permitted farmers' market.
7. Businesses physically located outside the city making a delivery within the city
of goods purchased, including set-up and assembly, provided such set-up and
assembly does not require a building permit pursuant to Title 15 of this code.
8. Businesses engaged in providing professional design work, including but not
limited to architecture or landscape architecture services, provided such work does not
involve on-site work within the city.
9. Landlords renting four (4) or fewer residential units on any one site in the city,
and ten (10) or fewer residential units citywide.
10. Real estate agents working as independent contractors from a real estate
office that has a valid business registration with the city.
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Ordinance No. 417
Page 4
11. Door-to-door sales agents with a valid city street vendor permit working as
independent contractors from a business that has a valid business registration with the
city.
C. No person other than the permittee shall use any permit issued pursuant to
this subsection.
D. No person shall purchase or transfer any permit issued pursuant to this
subsection.
E. Businesses with a valid business registration permit for a store or service in
the city do not need a separate business registration permit to operate as an individual
vendor at city-permitted special events, swap meets, or farmers' markets.
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