Eastvale Municipal Code Ch. 6.72 Business Registration Certification Program

Footnotes:

--- (10) ---

Editor's note— Ord. No. 2013-12, § 1, adopted October 9, 2013, repealed and replaced ch. 6.72, §§ 6.72.010—6.72.160, in its entirety. Former ch. 6.72 pertained to business registration and licensing program and was derived from Ord. No. 2011-04, §§ 1, 2, adopted January 26, 2011.

The purpose of the provisions of this chapter is solely to provide for necessary regulation of lawful businesses being conducted within the city, in order to protect the public health, safety, and welfare of the people of the city. Business registration fees charged under the provisions of this chapter shall be revenue-neutral in that they may not exceed the reasonable costs of providing the regulatory services included in the business registration and licensing program. No business certificate fee charged under the provisions of this chapter shall be construed as a business license tax.

(Ord. No. 2013-12, § 1, 10-9-2013)

Business shall mean and include professions, trades, vocations, enterprises, establishments, occupations, including home occupations as defined herein, and all and every kind of calling, any of which are conducted, transacted or carried on for the purpose of earning in whole or in part a profit or livelihood, whether or not a profit or livelihood actually is earned thereby, whether paid in money, goods, labor, or otherwise. This definition shall apply to business establishments located within the city that are operated at a fixed physical location and those that are operated on a mobile basis by a mobile-operator as defined herein.

City shall mean the city of Eastvale and its respective departments thereof.

Home occupation shall mean those uses that are defined under section 120.04.040 of the city planning and zoning code.

Certificate inspector shall mean any employee, agent, representative or contractor designated by the city to carry out business registration certificate inspections under the provisions of this chapter.

Local law enforcement or governmental entities means the city, county, or city and county, state, or the respective agencies and departments thereof, in the state.

Mobile-operator shall mean and refer to those businesses that are operated on a mobile basis utilizing a motor vehicle to visit customer locations to carry out business-related services; including, but not limited to those mobile-operated business involving: mobile automobile or other motor vehicle washing; pest control services; food and ice cream vendors; pet grooming; mobile carpet, drape or furniture cleaning; concrete mixing or cutting; masonry; painting and coating; landscaping; pool and fountain cleaning; and Port-a-Potty or other portable toilet servicing

Person shall mean and include all domestic and foreign corporations, limited liability companies, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, common-law trusts, societies, any legal entity recognized under the state, and individuals conducting, transacting or carrying on any lawful business within the city other than as an employee.

Retail greenhouses shall mean and refer to all commercial greenhouses other than those that are licensed by the state in the "producer" category to grow and sell nursery stock in the amount of $1,000.00 or more in one-year and that are inspected by the county agricultural commissioner pursuant to Food and Agricultural Code § 6701 et seq. and any applicable state regulations promulgated thereto.

Retail nurseries shall mean and refers to all commercial nurseries other than those that are licensed by the state in the producer category to grow and sell nursery stock in the amount of $1,000.00 or more in one-year and that are inspected by the county agricultural commissioner pursuant to Food and Agricultural Code § 6701 et seq., and any applicable state regulations promulgated thereto.

Sworn statement shall mean a written affidavit, declaration, or statement made under penalty of perjury under the laws of the state.

This Code shall mean the city of Eastvale Municipal Code.

(Ord. No. 2013-12, § 1, 10-9-2013)

Nothing contained in this chapter shall be deemed to permit or authorize any use or activity which is otherwise prohibited by local or any state or federal law.

(Ord. No. 2013-12, § 1, 10-9-2013)

Every person conducting or carrying on a business as defined in this chapter anywhere in the city shall register by obtaining a business registration certificate. A separate business registration certificate shall be obtained for each physical location (including branch establishments) or for each business operated on a mobile basis by a mobile-operator as defined in this chapter; provided however, that real estate agents and licensed real estate brokers are required to register for a business registration certificate in their individual capacity separately from the branch establishment from which they operate or are employed.

(Ord. No. 2013-12, § 1, 10-9-2013)

The business registration certificate required under section 6.72.040 shall not be required for those businesses falling within any of the exempt categories described in this section.

(1) Churches, temples, or other places of worship. Churches, temples or other places of worship, to the extent of their use for worship, religious education or the social affairs of the religious group are exempt as provided in this section. This exemption shall not apply to other activities, which are not undertaken primarily for members of the religious group, including, but not limited to, day schools, social service programs or church-owned or operated business enterprises.

(2) Agriculture. The following agricultural activities are exempt as provided in this section: agricultural pursuits consisting of the growing of crops, raising of livestock, and dairying, including auxiliary and ancillary uses incidental to the operation of a farm or ranch, consisting of the purchase and storage of substances, materials, supplies, animal feeds and produce; provided however, that a business registration certificate shall be required in connection with any of the following:

a. Retail nurseries;

b. Retail greenhouses; and

c. Wholesaling, processing, storage or manufacturing use which involves assembly of the products of multiple farms or ranches by a cooperative or other business enterprise for marketing distribution and marketing of farm products.

(3) Federal or state law. The provisions of this chapter shall not be deemed or construed to apply to any person transacting or carrying on any business exempt by virtue of the Constitution or applicable statutes of the United States or of the state.

(4) Non-profit organizations. Any non-profit organization that is legally recognized as tax-exempt pursuant to the provisions of 26 U.S.C. § 501(c)(3).

(5) Mobile-operator within a temporary event. Any mobile-operator that operates within the city solely as part of a legally permitted temporary event pursuant to section 120.01.050(7).

(Ord. No. 2013-12, § 1, 10-9-2013)

The following circumstances shall be considered prima facie evidence that a person is conducting business in the city: where any person, by use of any sign, circular, card, brochure, telephone book, magazine, newspaper, website, electronic media or other publication, shall advertise, hold out or by any other means represent that the person is in business in the city, or when any person holds an active license or permit issued by a governmental agency indicating that the person is in business in the city, and such person fails upon request of the city to sign and provide to the city a sworn statement attesting that such person is not conducting or carrying on a business from the city. The city shall provide a form for the purposes of the sworn statement required by this section.

(Ord. No. 2013-12, § 1, 10-9-2013)

(a) Application contents. Any person required to obtain a business registration certificate pursuant to this chapter shall apply therefore by submitting the information required by the city. Such information shall be a sworn statement, upon a form provided by the city that includes the name of the applicant, the ownership of the business involved, and the following information.

(1) The name, location and exact nature or kind of business for which the business registration certificate is requested. In the event that the business is not carried out at a permanent location, the names and places of residence of those owning the business shall also be required.

(2) A copy of any current permit issued by the state board of equalization to a person who contracts, sells or delivers any goods, wares, or merchandise in the city for which sales or use tax is payable to the state.

(3) In the event that application is made for the issuance of a business registration certificate to a person doing business under a fictitious name, the applicant shall show proof that the fictitious business name has been registered with the county assessor-clerk-recorder, and the application shall include the true name(s) of the owners of such business.

(4) In the event that application is made for the issuance of a business registration certificate to a corporation, limited liability company, limited partnership or limited liability partnership, the applicant shall show proof that the business has been registered with the California Secretary of State, and the application shall include the Secretary of State's registration number.

(5) In the event that application is made by an owner or agent of single-family residential rental property defined in chapter 110.32, the application shall set forth the following information:

a. Description of each single-family rental housing property, including, but not limited to, the street address(es).

b. Name and current contact information for the owner(s) of the single-family rental housing property, including the contact information of each owner within a separate legal entity such as a corporation, partnership, joint venture, limited liability company that owns the single-family rental housing property.

c. Name and current contact information for the local contact representative as described in section 110.32.050.

d. In the event that application is made by an owner that leases or rents more than one single- family rental housing property, only one business registration certificate is required for all identified rental properties.

(6) Any further information which city may require to enable it to issue a business registration certificate for which the application is made.

(b) Issuance. A business registration certificate shall be issued upon satisfactory completion of the requisite application and payment of the fee(s) prescribed in this chapter. Said certificate shall expire at the end of month one year from when it was issued.

(c) Business registration certificate fees. Business registration certificate fees shall be charged by the city to cover the reasonable costs of providing the regulatory services included in the business registration program, including but not limited fees for initial business registration certificates, renewal business registration certificates, and late fees. Business registration certificate fees shall be set by resolution of the city council, or as required by state law. No business registration certificate fee charged under the provisions of this chapter shall be construed as a business license tax.

(Ord. No. 2013-12, § 1, 10-9-2013; Ord. No. 2016-07, §§ 1, 2, 11-9-2016; Ord. No. 2019-05, § 1b, 5-22-2019)

Any person who has obtained a business registration certificate pursuant to this chapter shall apply for renewal on or before expiration of the then current business registration certificate term. Said renewal application shall be accompanied by payment of the business registration certificate renewal fee. Any application for renewal received by the city 30 days or more after the business registration certificate term expired shall be subject to a late fee.

(Ord. No. 2013-12, § 1, 10-9-2013; Ord. No. 2019-05, § 2, 5-22-2019)

No business registration certificate issued pursuant to this chapter shall be automatically transferable; provided however, that where a certificate is issued indicating a person is conducting, transacting or carrying on a business at a particular place under a particular name, such certificate holder, upon application therefore, and payment of a change fee may obtain a new certificate showing some other location and/or name of the business and/or business ownership change. A new business registration certificate shall be required as provided in section 6.72.040 in the event that there are any other changes that take place with regard to a business.

(Ord. No. 2013-12, § 1, 10-9-2013)

A duplicate certificate may be issued to replace any business registration certificate issued pursuant to this chapter which has been lost or destroyed where such certificate holder submits a statement of such fact and provides payment of a duplicate certificate fee.

(Ord. No. 2013-12, § 1, 10-9-2013)

(a) Every person who has submitted a satisfactory application and who has paid the required fee(s), as provided in this chapter, shall be issued a business registration certificate which contains the following information:

(1) The name of the person to whom the certificate is issued;

(2) The name of the business certificated;

(3) The physical location where such business is to be transacted and carried on;

(4) The date of expiration of such certificate; and

(5) Such other information as may be necessary for the enforcement of the provisions of this chapter.

(b) Any person conducting, transacting or carrying on a business at a fixed location in the city shall keep the business registration certificate posted in a conspicuous place in plain public view upon the physical premises where such business is taking place.

(c) Any person conducting, transacting or carrying on a business but not operating at a fixed location in the city shall keep the business registration certificate on his or her person at all times while conducting, transacting or carrying on the business for which it is issued. Such person shall display the business certificate to any certificate inspector, code enforcement officer, peace officer or any other authorized representative employed by the city upon request.

(Ord. No. 2013-12, § 1, 10-9-2013)

Certificate inspectors may enter free of charge, at any time, any place of business for which a business registration certificate is required by this chapter and demand the display of any such certificate by any person engaged or employed in the transaction or carrying on of such business.

(Ord. No. 2013-12, § 1, 10-9-2013)

A valid business registration certificate issued under the provisions of the chapter shall not operate to exempt or excuse any person from complying with water quality requirements and inspection fees imposed under chapter 14.12 dealing with "storm water drainage system protection"; Water Code § 13000 et seq. (Porter-Cologne Water Quality Control Act), Title 33 U.S.C. § 1251 et seq. (Clean Water Act) and any applicable state or federal regulations promulgated thereto, and any related administrative orders or permits issued in connection therewith. Failure to maintain the business premises, grounds, facilities and structures located therein in compliance with water quality requirements is a violation of this chapter.

(Ord. No. 2013-12, § 1, 10-9-2013)

Every person who makes any false statement or representation in any application for a business registration certificate commits a violation of this chapter.

(Ord. No. 2013-12, § 1, 10-9-2013)

No business registration certificate issued pursuant to this chapter shall be construed as authorizing the conduct of or continuance of any occupation, use or activity of any kind which is prohibited by the this Code, state or federal law.

(Ord. No. 2013-12, § 1, 10-9-2013)

(a) It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. In addition to other remedies provided by law, any person violating any provision of this chapter for failing to comply with any of the requirements is deemed guilty of an infraction within the manner provided in section 1.01.200.

(b) Each person shall be deemed guilty of a separate offense for each and every day, or any portion thereof, during which any violation of or failure to comply with any of the provisions of this chapter is committed, continued or permitted by such person, and each instance shall be deemed punishable as provided in this chapter.

(c) Each infraction is punishable by:

(1) A fine not exceeding $100.00 for the first violation;

(2) A fine not exceeding $200.00 for the second violation within one-year;

(3) A fine not exceeding $500.00 for each additional violation within one-year.

(Ord. No. 2013-12, § 1, 10-9-2013)