Ordinance 13-12[
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ORDINANCE NO. 2013-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTV ALE,
CALIFORNIA, AMENDING CHAPTER 6. 72 IN ITS ENTIRETY TO THE
EASTV ALE MUNICIPAL CODE ESTABLISillNG A BUSINESS REGISTRATION
CERTIFICATION PROGRAM
THE CITY COUNCIL OF THE CITY OF EASTV ALE DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 6. 72 of the Eastvale Municipal Code establishing a Business Registration
Certification Program is amended in its entirety to read as follows:
"Chapter 6.72-BUSINESS REGISTRATION CERTIFICATION PROGRAM
Sections:
6.72.010-Statement ofPuroose and Intent
6. 72.020 -Definitions
6. 72.030-Use or activity prohibited bv state or federal law
6. 72.040-Business Registration Certificate Required
6. 72.050 -Exemption
6. 72.060 -Evidence of Doing Business
6.72.070-Application and Issuance ofBusiness Registration Certificate
6.72.080-Renewal of Business Registration Certificate
6.72.090-Nontransferable-Change of Location or Ownership, Name of Business
6. 72.100 -Duplicate Business Registration Certificate
6. 72.110-Contents of Business Registration Certificate; Display Required
6.72.120-Certificate Inspectors
6.72.130-Water Quality Inspections and Enforcement; Additional Certificate Fees
6.72.140-False Statements
6. 72.150 -Unlawful Business
6. 72.160 -Enforcement
Sec. 6.72.010. Statement ofPurpose and Intent.
The purpose of the provisions of this Chapter is solely to provide for necessary regulation of
lawful businesses being conducted within the City ofEastvale, in order to protect the public
health, safety, and welfare of the people of the City ofEastvale. 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.
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Sec. 6. 72.020. Definitions.
"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 protit 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 defmed herein.
"City" shall mean the City of Eastvale and its respective departments thereof.
"Home Occupation" shall mean those uses that are defmed under Section 120.04.040 of the
Eastvale 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 of California.
"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
serv1cmg
''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 of California, 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 of California in the "producer" category to grow and sell nursery stock
in the amount of $1,000 or more in one year and that are inspected by the County Agricultural
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Commissioner pursuant to California Food & 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 Section 6701 et seq., and any applicable state
regulations promulgated thereto.
"Sworn statemenf' shall mean a written affidavit, declaration, or statement made under penalty
of perjury under the laws of the State of California.
''This Code" shall mean the City ofEastvale Municipal Code.
Sec. 6. 72.030. Use or activity prohibited by local, state or federal law.
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.
Sec. 6. 72.040. Business Registration and Certificate Required.
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 defmed
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.
Sec. 6. 72.050. Exemption.
The business registration certificate required under Sec. 6. 72.040 shall not be required for those
businesses falling within any of the exempt categories described in this Section.
A. 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.
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B. 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; 1) retail nurseries; 2) retail greenhouses; and 3) 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.
C. 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 of California.
D. Non-Profit Organizations. Any non-profit organization that is legally recognized as tax-
exempt pursuant to the provisions of26 U.S.C. § 501(c) (3).
E. 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 1.5.G of the
Eastvale Zoning Code.
Sec. 6. 72.060. Evidence of Doing Business.
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.
Sec. 6. 72.070. Application and Issuance of Business Registration Certificate.
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.
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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 of California 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 of California.
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 application shall set forth the names and
places of residence of those owning said business.
4. In the event that application is made for the issuance of a business registration certificate
to a corporation or partners, the application shall set forth the names and place of residence of the
officers or partners thereof.
5. In the event that application is made by an owner or agent of single-family residential
rental property defined in Chapter 110.32 of this Code, 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) and assessor's parcel number(s),
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 of Chapter 110.32 of this Code.
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.
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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 remain in full force and effect for a period of one (1) year beginning April 1 and expiring
on March 31.
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 and licensing program. 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.
Sec. 6.72.080. Renewal of Business Registration Certificate.
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
(March 31 ). Said renewal application shall be accompanied by payment of the business
registration certificate renewal fee. Any application for renewal received by the City thirty (30)
days after March 31 shall be subject to a late fee equal to 100% of the renewal fee required under
this Section 6. 72.080.
Sec. 6.72.090. Nontransferable-Change of Location or Ownership, Name of Business.
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 Sec. 6.72.040 herein in the event that there are any other changes that take place with
regard to a business.
Sec. 6. 72.1 00. Duplicate Business Registration Certificate.
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.
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Sec. 6. 72.110. Contents of Business Registration Certificate; Display Required.
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 ofthe 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.
Sec. 6.72.120. Certificate Inspectors.
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.
Sec. 6.72.130. Water Quality Inspections and Enforcement; Additional Certificate Fees.
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 of the City's Municipal Code dealing with "Storm
Water Drainage System Protection";, California Water Code§§ 13000 et seq. (Porter-Cologne
Water Quality Control Act), Title 33 U.S.C. §§ 1251 et sew. (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,
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facilities and structures located therein in compliance with water quality requirements is a
violation ofthis Chapter.
Sec. 6. 72.140. False Statements.
Every person who makes any false statement or representation in any application for a business
registration certificate commits a violation of this Chapter.
Sec. 6. 72.150. Unlawful Business.
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.
Sec.6. 72.160. Enforcement.
A. It is unlawful for any person to violate any provision or to fail to comply with any
of the requirements ofthis 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 of this Code.
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 $1 00.00 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."
SECTION 2. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and
each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of
the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or
portions thereof be declared invalid or unconstitutional.
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SECTION 3 . EFFECTIVE DATE: This Ordinance shall become effective 30 days from the
date of its adoption.
SECTION 4. The City Clerk shall certify the adoption of this Ordinance and shall cause the
same to be posted as required by law.
PASSED, APPROVED AND ADOPTED THIS 9111 day of October, 2013.
Adam Rush, Mayor Pro Tem
Attest:
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) §
CITY OF EASTV ALE )
I, Ariel M. Hall, Assistant City Clerk of the City of Eastvale, do hereby certify that the foregoing
Ordinance Number 2013-12 was duly and regularly adopted by the City Council of the City of
Eastvale at a regular meeting held the 9th day of October, 2013, by the following vote:
A YES: Council Members Howell, DeGrandpre and Mayor ProTem Rush
NOES: None
ABSENT: Council Member Welch and Mayor Bootsma
ABSTAIN:
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