Chapter 5.03 — BUSINESS REGISTRATION

The purpose of this Chapter is to establish a mechanism to maintain an accurate record of businesses operating in the City in order to: (1) develop planning recommendations relating to the operation of businesses; (2) better coordinate with businesses regarding a range of issues including parking, transportation, economic development, and event programming; (3) assist in zoning compliance; (4) establish and maintain contact information, which can be used to notify businesses regarding public safety issues as they arise; and (5) gather statistical information for other City purposes. (Ord. No. 17-07, § 2(Att. A), 12-5-17)

The following words, terms and phrases, when used in this Chapter, shall have the following meanings, except where the context clearly indicates a different meaning: A. "Business" means any commercial enterprise, trade, calling, vocation, profession, occupation, or means of livelihood, whether or not carried out for gain or profit. This definition includes, without limitation: 1. businesses operating at one or more fixed locations in any area of the City, whether or not the location(s) are zoned for commercial activities. 2. temporary businesses operated for a short duration (e.g., pumpkin sales, temporary events (see Chapter 17.37)). 3. businesses providing services within the City such as construction, landscaping and cleaning, regardless of whether or not they have a fixed address in the City. B. "Business registration certificate" means a written statement issued by the City to a business pursuant to this Chapter. (Ord. No. 17-07, § 2(Att. A), 12-5-17)

A. Except as exempted in Section 5.03.040, no business shall operate in the City without a valid business registration certificate. B.

The City Manager or his/her designee may, from time to time, establish necessary and appropriate forms, rules, and procedures for the implementation of the business registration certificate requirement. C. The issuance of a business registration certificate under this Chapter does not excuse any business from complying with any other applicable requirements of this Code, nor shall it be construed as a permit or license of any kind. D. Business registration certificates are not transferable. (Ord. No. 17-07, § 2(Att. A), 12-5-17)

The following types of businesses are exempt from the requirements of this Chapter, but may voluntarily elect to register: A. Businesses with gross receipts of less than ten thousand dollars ($10,000.00) per year from operations in the City; B. Businesses exempt from registration based on State of California or Federal law; C. Public agencies and their contractors; D. Businesses that sell and/or deliver goods to locations within Orinda, but have no other operations in the City (e.g., water delivery services, suppliers to retail stores); E. Businesses that have completed and/or obtained one of the following within the past twelve (12) months: 1. Short-term rental registration (see Section 17.3.12). 2. Temporary event permit (see Chapter 17.37). 3.

Other annual permit or registration issued by the City (not including public health licenses; see Chapter 8.08). 4. Solicitor registration (see Chapter 5.32). F. Those selling products or services under the auspices of another registered business (e.g., vendors at the Farmers Market, stylists at a hair salon, technicians at a nail salon); G. Those representing that they are engaged in expressive rather than commercial activity. For purposes of this Chapter, "expressive activity" means conduct, the sole or principal object of which is the expression, dissemination, or communication by verbal, visual, literary, or auditory means of opinion, views, or ideas, whether or not that conduct involves a request for funds or any other thing of value. (Ord. No. 17-07, § 2(Att. A), 12-5-17)

A. Businesses required to register must pay the registration fee set by the City Council. B. Business registration fees are due and payable annually in advance. C. The City Council may, from time to time, review and adjust the amount of the business registration fee. D. The business registration fee is not a revenue raising device. The fee bears a reasonable relationship to the service to be performed by the City and the costs incurred by the City in reviewing, processing, and acting upon the registration. E. Those businesses that are exempt from registration but voluntarily wish to register will not be charged a fee. (Ord. No. 17-07, § 2(Att. A), 12-5-17)

Businesses requesting a business registration certificate will complete the form prescribed by the City Manager or his/her designee. Based on that form, the City will issue a certificate containing the following: 1. Name of business; 2. Contact information (including for emergencies); 3. Business location(s); 4. Expiration date; 5. Certificate Number; and 6. Such other information as deemed necessary or appropriate by the City Manager or his/her designee. (Ord. No. 17-07, § 2(Att. A), 12-5-17)

A. Term. A business registration certificate will be effective for no more than one year. Unless otherwise specified, all certificates will expire on December 31. If deemed necessary or appropriate, the City Manager or his/her designee may establish alternative registration periods for businesses. B. Renewal. A new business registration certificate must be obtained annually. (Ord. No. 17-07, § 2(Att. A), 12-5-17)

A. Late Fee. Any business that fails to obtain a business registration certificate within thirty (30) days of being subject to that requirement may, at the discretion of the City Manager or his/her designee, be charged a late fee in an amount set by the City Council. B.

Action to Collect. If a business fails to comply with the fee requirements of this action, the City may refer the matter to a collection agency and/or the City Attorney may file a civil action. Should court action be filed to collect any business registration fee and/or late fee, an additional penalty shall be charged equal to the cost incurred by the City for court action, including but not limited to reasonable attorney fees. All penalties shall be added to the business registration fee and shall become due and payable along with the delinquent business registration fee. C. Enforcement. This Chapter may be enforced as described in Title 19. D. Remedies Cumulative. All remedies prescribed under this Chapter are cumulative and the use of one or more remedies by the City will not bar the use of any other remedy. (Ord. No. 17-07, § 2(Att. A), 12-5-17)