Chapter 4.59 — PET SHOPS

• Editor's Note: Chapter 4.59, formerly codified as Chapter 6.22 of this code, was renumbered and relocated by Section 36 of Ordinance 4453.

(a) Every person who owns, conducts or operates a pet shop shall keep each animal in a housing facility which is structurally sound and in good repair to protect the animal from injury and to restrict entrance of other animals. This provision shall not be construed to prohibit the keeping of more than one animal in a single housing facility, so long as such multiple housing does not create a threat to the safety of any of the animals so housed.

(b) Said facilities shall be constructed so as to prevent escape of the animals kept therein.

(c) Said facilities shall be of sufficient size to provide adequate and proper housing for the animals kept therein.

(d) Said facilities shall provide temperature and ventilation control of a nature compatible with the needs of the animals kept therein.

(Ord. 4453 § 36 (part), 1997: Ord. 2910 § 2 (part), 1976)

(a) Every person who owns, conducts or operates a pet shop shall comply with the following:

(1) All animals and all premises, enclosures or structures wherein animals are kept shall be maintained in a clean and sanitary condition, free from all obnoxious odors, substances and flies.

(2) All animals and all premises, enclosures or structures wherein animals are kept shall be thoroughly cleaned, and all debris, refuse, manure, urine, waste food, or other removable material shall be removed therefrom every day or more often as necessary to effect compliance with the provisions of subsection (a)(1) of this section. Daily cleaning of animals, premises, enclosures or structures shall be completed prior to the time that the pet shop is open to the public for business. Nothing in this section shall prevent continuous cleaning of the animals, premises, structures or enclosures when the pet shop is open to the public, and after compliance with all of the above.

(Ord. 4453 § 36 (part), 1997: Ord. 3257 § 6 (part), 1981: Ord. 2910 § 2 (part), 1976)

Every person who owns, conducts or operates a pet shop shall supply each animal therein with sufficient good and wholesome food and fresh water as often as the feeding habits of the animal require. Food so supplied each animal shall be of a nature compatible with the dietary habits and needs of the animal.

(Ord. 4453 § 36 (part), 1997: Ord. 2910 § 2 (part), 1976)

Every person who owns, conducts, or operates a pet shop shall provide the police department and the superintendent of the animal center with the names, current address and phone numbers of persons to be notified during any hour of the day or night who will proceed at once to the location so as to permit entry to the premises by the animal control officers or the police officers of the city in the event of an emergency situation.

(Ord. 4453 § 36 (part), 1997: Ord. 3257 § 6 (part), 1981: Ord. 2910 § 2 (part), 1976)

No person who owns, conducts or operates a pet shop shall sell a dangerous or wild animal, as defined in Section6.28.010 of this code, without first ascertaining the place of residence of the prospective purchaser of such animals. If the prospective purchaser resides in the city, the prospective purchaser shall be advised that he must obtain a permit pursuant to Section 6.28.040 of this code before he may purchase such dangerous or wild animal.

(Ord. 4453 § 36 (part), 1997: Ord. 2910 § 2 (part), 1976)

Every person who owns, conducts or operates a pet shop shall take reasonable care to display or release for sale, trade or adoption only those animals which are free of disease or injuries. The superintendent of the animal center or his designated appointee may order any animal which is sick, diseased, or injured to be removed from display.

(Ord. 4453 § 36 (part), 1997: Ord. 3257 § 6 (part), 1981)

Every person who owns, conducts or operates a pet shop shall remove any dead animals from display on a daily basis, or more often as necessary.

(Ord. 4453 § 36 (part), 1997: Ord. 3257 § 6 (part), 1981)

Every person who owns a pet shop or boarding kennel shall secure a permit for operation of same. The fee for such permit shall be as set forth in the municipal fee schedule. Conditions to secure the purposes of this chapter may be imposed upon a permit at the time of issuance or such later date that the superintendent of animal control deems necessary. Unannounced routine inspections of the pet shop or boarding kennel shall be required by the superintendent of animal control to insure compliance with this chapter. Such inspections shall be an automatic condition of permit approval.

(Ord. 4453 § 36 (part), 1997: Ord. 3257 § 6 (part), 1981)

Every person who owns, conducts, or operates a grooming shop shall secure a permit for operation of same. "Grooming shop" means any person, firm or corporation operating an establishment where live animals are groomed as a business. The fee for such permit shall be as set forth in the municipal fee schedule. Conditions to secure the purposes of this chapter may be imposed upon a permit at the time of issuance or such later date that the superintendent of animal control deems necessary. Unannounced routine inspections of the grooming shop shall be required by the superintendent of animal control to insure compliance with this chapter. Such inspections shall be an automatic condition of permit approval.

(Ord. 4453 § 36 (part), 1997: Ord. 3257 § 6 (part), 1981)

No person who owns, operates, conducts, or is employed by a pet shop shall display, sell, offer for sale, barter, or give away any kitten or puppy under eight weeks of age.

(Ord. 4453 § 36 (part), 1997: Ord. 3257 § 6 (part), 1981)

No person who owns, operates, conducts, or is employed by a pet shop shall display, sell, or offer for sale any raccoon.

(Ord. 4453 § 36 (part), 1997: Ord. 3257 § 6 (part), 1981)

No person shall sell, offer for sale, barter, or give away any rabbits, baby chicks, ducklings, or other fowl under four weeks of age in any quantity less than six.

(Ord. 4453 § 36 (part), 1997: Ord. 3257 § 6 (part), 1981)

                     Chapter 4.60

BUSINESS REGISTRATION PROGRAM

Sections:

The purpose of this chapter is to establish a regulatory mechanism to maintain an accurate record of businesses conducting business in the city in order (1) to develop recommendations on land uses; (2) to better coordinate transportation programs; (3) to assist in zoning compliance and (4) to gather statistical information for other city purposes. This chapter is not intended to apply to home based or transitory businesses.

(Ord. 5279 § 1 (part), 2014)

The following words, terms and phrases, when used in this chapter, shall have the meanings set forth in this section, 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 on for gain or profit.

(b) "Business registration certificate" means a written statement issued by the city to a business owner as evidence of registering a business in the city.

(c) "Fixed place of business" means a place of business located in the city boundaries and occupied for the particular purpose of conducting business.

(d) "Home based business" means a home occupation as defined in Section 18.04.030.

(e) "Person" means and includes any business owner, individual, firm, co-partnership, joint venture, association, corporation, estate, business trust, or any other group or combination acting as a unit.

(f) "Transitory business" means a business that is carried on for a short duration (such as pumpkin sales, special events, and filming) or a business that does not have a fixed place of business within Palo Alto (such as landscaping or construction contractors based in other cities).

(Ord. 5279 § 1 (part), 2014)

(a) No person shall conduct any business in a fixed place of business without first having obtained a business registration certificate, paid the applicable business registration fee and complied with all applicable provisions of this chapter.

(b) The issuance of a business registration certificate under this chapter shall not excuse the business from complying with other applicable Code requirements.

(c) A business registration certificate shall not be transferable.

(Ord. 5279 § 1 (part), 2014)

The following types of businesses are exempt from this chapter:

(a) Home based business.

(b) Transitory business.

(c) Non-profit organizations having less than one full time equivalent employee.

(d) Businesses having less than one full time equivalent employee.

(e) Religious organizations which operate a worship hall but have no other ancillary facilities or services. For purposes of this exception ancillary facilities or services include but are not limited to religious or educational classrooms, gift shops, and daycare services.

(Ord. 5379 § 1, 2016: Ord. 5279 § 1 (part), 2014)

(a) Every person engaging in business in the city shall pay a business registration fee as prescribed by resolution adopted by the city council.

(b) The business registration fee is not a revenue raising device, but shall bear 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 application.

(c) The city council shall, from time to time, review the resolution fixing the business registration fee and may revoke, modify, adjust, add or determine any amount or rate of such business registration fee.

(Ord. 5279 § 1 (part), 2014)

Every person operating a business in the city shall apply to obtain a business registration certificate on a form prescribed by the city. Upon receipt of a completed application and any fee required, the city shall process the application and issue a business registration certificate. The application may be reviewed by other city departments or governmental agencies to determine if the business premises to be occupied meet the requirements of federal, state, and local laws.

(Ord. 5279 § 1 (part), 2014)

(a) Upon receipt of a completed application and payment of the prescribed business registration fee, the city shall issue to the applicant a business registration certificate which shall contain the following:

(1) Name of business;

(2) Business location;

(3) Expiration date;

(4) Certificate Number; and

(5) Such other information as deemed necessary by the city.

(b) A separate certificate may be obtained for each and every branch establishment or separate place of business in which a business is carried on.

(Ord. 5279 § 1 (part), 2014)

(a) Term. A business registration certificate shall be effective for no more than one year. Unless otherwise specified, all certificates shall expire on March 31st. Business registration fees shall be due and payable annually in advance.

(b) Renewal. Business registration certificates shall be renewed annually on a form prescribed by the city. Every application for the renewal of a certificate shall be made at least fifteen days prior to the expiration date of such license. Any person applying to renew a business registration shall submit to the city a completed renewal application and pay the renewal fee.

(c) Alternative Periods. If deemed necessary, the city may establish alternative registration periods for businesses.

(Ord. 5279 § 1 (part), 2014)

No business registration fees or penalties collected shall be refundable.

(Ord. 5279 § 1 (part), 2014)

The City Manager may adopt rules and regulations from time to time to implement this chapter. Implementing rules and regulations shall not be inconsistent with the provisions of this chapter.

(Ord. 5279 § 1 (part), 2014)

(a) Penalties for Delinquency. Any person engaging in business in the city that fails to secure a business registration certificate before commencing business in the city or fails to timely renew their license shall pay, in addition to the amount of the license fee, a penalty in an amount to be determined by ordinance or resolution.

(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 against any business. Notwithstanding subsection (a) of this section, should court action be required to collect any business registration fee and/or penalties, 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) Remedies Cumulative. All remedies prescribed under this Chapter shall be cumulative and the use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions of this Chapter.

(Ord. 5279 § 1 (part), 2014)

                     Chapter 4.62

CITYWIDE MINIMUM WAGE

Sections:

This ordinance shall be known as the "Minimum Wage Ordinance."

(Ord. 5355 § 1 (part), 2015)

The following words, terms and phrases, when used in this chapter, shall have the meanings set forth in this section, except where the context clearly indicates a different meaning:

(a) "City" shall mean City of Palo Alto or any agency designated by the City of Palo Alto to perform various investigative, enforcement and informal resolution functions pursuant to this chapter.

(b) "Employee" shall mean any person who:

(1) In a calendar week performs at least two hours of work for an employer as defined below; and

(2) Qualifies as an employee entitled to payment of a minimum wage from any employer under the California minimum wage law, as provided under Sec. 1197 of the California Labor Code and wage orders published by the California Industrial Welfare Commission, or is a participant in a welfare-to-work program.

(c) "Employer" shall mean any person, including corporate officers or executives, as defined in Sec. 18 of the California Labor Code, who directly or indirectly through any other person, including through the services of a temporary employment agency, staffing agency, or similar entity, employs or exercises control over the wages, hours, or working conditions of any employee and who is either subject to the city's business registry requirements, conducts business in Palo Alto or maintains a business facility in the city.

(d) "Minimum wage" shall have the meaning set forth in Section4.62.030 of this chapter.

(e) "Welfare-to-Work Program" shall mean the CalWORKs program, and the Santa Clara County Works Program (SCC Works) employment assistance program, and any successor programs that are substantially similar to them.

(Ord. 5355 § 1 (part), 2015)

(a) Employers shall pay employees no less than the minimum wage set forth in this section for each hour worked within the geographic boundaries of the City of Palo Alto.

(b) The minimum wage shall be an hourly rate of eleven dollars ($11.00) through December 31, 2016. On January 1, 2017, the minimum wage shall be an hourly rate of twelve dollars ($12.00). On January 1, 2018, the minimum wage shall be an hourly rate of thirteen dollars and fifty cents ($13.50). On January 1, 2019, the minimum wage shall be an hourly rate of fifteen dollars ($15.00). To prevent inflation from eroding its value, beginning on January 1, 2020, and each January 1st thereafter, the minimum wage shall increase by an amount corresponding to the increase, if any, in the cost of living, not to exceed 5%. The prior year's increase in the cost of living shall be measured by the percentage increase, if any, as of August of the immediately preceding year of the Bay Area Consumer Price Index (Urban Wage Earners and Clerical Workers, San Francisco- Oakland-San Jose, CA for All Items) or its successor index as published by the U.S. Department of Labor or its successor agency, with the amount of the minimum wage increase rounded to the nearest multiple of five cents ($.05). If there is no net increase in the cost of living, the minimum wage shall remain unchanged for that year. The adjusted minimum wage shall be announced by October 1st of each year, or as soon as practicable thereafter if the Consumer Price Index for August has not yet been published, and shall become effective as the new minimum wage on January 1st of each year.

(c) A violation for unlawfully failing to pay the minimum wage shall be deemed to continue from the date immediately following the date that the wages were due and payable as provided in Part 1 (commencing with Sec. 200) of Division 2 of the California Labor Code, to the date immediately preceding the date the wages are paid in full.

(Ord. 5452 § 1, 2018: Ord. 5388 § 1, 2016: Ord. 5355 § 1 (part), 2015)

(a) State, federal and county agencies, including school districts, shall not be required to pay minimum wage when the work performed is related to their governmental function. However, for work that is not related to their governmental function, including, but not limited to: booster or gift shops, non-K-12 cafeterias, on-site concessions and similar operations, minimum wage shall be required to be paid. Minimum wage shall also be

required to be paid by lessees or renters of facilities or space from an exempt organization.

(b) Any organization claiming "auxiliary organization" status under California Education Code Sec. 89901 or Sec. 72670(c) shall not be required to pay minimum wage. The organization, upon request of the city, shall provide documentary proof of its auxiliary organization status.

(Ord. 5355 § 1 (part), 2015)

To the extent required by federal law, all or any portion of the applicable requirements of this chapter may be waived in a bona fide collective bargaining agreement, provided that such waiver is explicitly set forth in such agreement in clear and unambiguous terms.

(Ord. 5355 § 1 (part), 2015)

(a) By December 1 of each year, the city shall publish and make available to employers a bulletin announcing the adjusted minimum wage rate for the upcoming year, which shall take effect on January 1 of each year. In conjunction with this bulletin, the city shall, by December 1 of each year, publish and make available to employers, in all languages spoken by more than five percent of the work force in the city, a notice suitable for posting by employers in the workplace informing employees of the current minimum wage rate and of their rights under this chapter.

(b) Every employer shall post in a conspicuous place at any workplace or job site where any employee works the notice published each year by the city informing employees of the current minimum wage rate and of their rights under this chapter. Every employer shall post such notices in any language spoken by at least five percent of the employees at the workplace or job site. Every employer shall also provide each employee at the time of hire with the employer's name, address and telephone number in writing.

(c) Employers shall retain payroll records pertaining to employees for a period of four years, and shall allow the city access to such records, with appropriate notice and at a mutually agreeable time, to monitor compliance with the requirements of this chapter. Where an employer does not maintain or retain adequate records documenting wages paid or does not allow the city reasonable access to such records, the employee's account of how much he or she was paid shall be presumed to be accurate, absent clear and convincing evidence otherwise.

(Ord. 5355 § 1 (part), 2015)

(a) It shall be unlawful for an employer or any other party to discriminate in any manner or take adverse action against any person in retaliation for exercising rights protected under this chapter. Rights protected under this chapter include, but are not limited to: the right to file a complaint or inform any person about any party's alleged noncompliance with this chapter; and the right to inform any person of his or her potential rights under this chapter and to assist him or her in asserting such rights. Protections of this chapter shall apply to any person who mistakenly, but in good faith, alleges noncompliance with this chapter.

(b) Taking adverse action against a person within ninety days of the person's exercise of rights protected under this chapter shall raise a rebuttable presumption of having done so in retaliation for the exercise of such rights.

(Ord. 5355 § 1 (part), 2015)

(a) Guidelines. The city manager or designee shall be authorized to coordinate implementation and enforcement of this chapter and may promulgate appropriate guidelines or rules for such purposes. Any guidelines or rules promulgated by the city shall have the force and effect of law and may be relied on by employers, employees and other parties to determine their rights and responsibilities under this chapter. Any guidelines or rules may establish procedures for ensuring fair, efficient and cost effective implementation of this article, including supplementary procedures for helping to inform employees of their rights under this chapter, for monitoring employer compliance with this chapter and for providing administrative hearings to determine whether an employer or other person has violated the requirements of this chapter.

(b) Reporting Violations. An employee or any other person may report to the city in writing any suspected violation of this chapter. The city shall encourage reporting pursuant to this subsection by keeping confidential, to the maximum extent permitted by applicable laws, the name and other identifying information of the employee or person reporting the violation, provided, however, that with the authorization of such person, the city may disclose his or her name and identifying information as necessary to enforce this chapter or other employee protection laws. In order to further encourage reporting by employees, if the city notifies an employer that the city is investigating a complaint, the city shall require the employer to post or otherwise notify its employees that the city is conducting an investigation, using a form provided by the city.

(c) Investigation. The city shall be responsible for investigating any possible violations of this chapter by an employer or other person. The city shall have the authority to inspect workplaces, interview persons and request the city attorney to subpoena books, papers, records or other items relevant to the enforcement of this chapter.

(d) Informal Resolution. The city shall make every effort to resolve complaints informally, in a timely manner, and shall have a policy that the city shall take no more than one year to resolve any matter before initiating an enforcement action. The failure of the city to meet these time lines within one year shall not be grounds for closure or dismissal of the complaint.

(Ord. 5355 § 1 (part), 2015)

(a) Where prompt compliance is not forthcoming, the city shall take any appropriate enforcement action to secure compliance. In addition to all other civil remedies, the city may enforce this ordinance pursuant to Title 1 of the Palo Alto Municipal Code. To secure compliance, the city may use the following enforcement measures:

(1) The city may issue an administrative citation with a daily fine for each day or portion thereof and for each employee or person as to whom the violation occurred or continued.

(2) The city may issue an administrative compliance order.

(3) The city may initiate a civil action for injunctive relief and damages and civil penalties in a court of competent jurisdiction.

(b) Any person aggrieved by a violation of this chapter, any entity a member of which is aggrieved by a violation of this article or any other person

or entity acting on behalf of the public as provided for under applicable state law may bring a civil action in a court of competent jurisdiction against the employer or other person violating this chapter and, upon prevailing, shall be awarded reasonable attorneys' fees and costs and shall be entitled to such legal or equitable relief as may be appropriate to remedy the violation including, without limitation, the payment of any back wages unlawfully withheld, the payment of an additional sum as a civil penalty in the amount of fifty dollars ($50) to each employee or person whose rights under this chapter were violated for each day that the violation occurred or continued, reinstatement in employment and/or injunctive relief; provided, however, that any person or entity enforcing this chapter on behalf of the public as provided for under applicable state law shall, upon prevailing, be entitled only to equitable, injunctive or restitutionary relief to employees, and reasonable attorneys' fees and costs.

(c) This section shall not be construed to limit an employee's right to bring legal action for a violation of any other laws concerning wages, hours or other standards or rights, nor shall exhaustion of remedies under this chapter be a prerequisite to the assertion of any right.

(d) Except where prohibited by state or federal law, city agencies or departments may revoke or suspend any registration certificates, permits or licenses held or requested by the employer until such time as the violation is remedied.

(e) Relief. The remedies for violation of this chapter include, but are not limited to:

(1) Reinstatement, and the payment of back wages unlawfully withheld, and the payment of an additional sum as a civil penalty in the amount of fifty dollars ($50) to each employee or person whose rights under this chapter were violated for each day or portion thereof that the violation occurred or continued, and fines imposed pursuant to other provisions of this code or state law.

(2) Interest on all due and unpaid wages at the rate of interest specified in subdivision (b) of Sec. 3289 of the California Civil Code, which shall accrue from the date that the wages were due and payable as provided in Part 1 (commencing with Sec. 200) of Division 2 of the California Labor Code, to the date the wages are paid in full.

(3) Reimbursement of the city's administrative costs of enforcement and reasonable attorney's fees.

(f) Posted Notice. If a repeated violation of this chapter has been finally determined, the city may require the employer to post public notice of the employer's failure to comply in a form determined by the city.

(Ord. 5355 § 1 (part), 2015)

This chapter provides for payment of a local minimum wage and shall not be construed to preempt or otherwise limit or affect the applicability of any other law, regulation, requirement, policy or standard that provides for payment of higher or supplemental wages or benefits, or that extends other protections.

(Ord. 5355 § 1 (part), 2015)