HomeMy WebLinkAbout91-33 CC OrdinanceORDINANCE NO. 91-33
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMF_~2LA ESTABLI~mNG A BUSINESS REGISTRATION PROGRAM.
THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CALIFORNIA
DOES ORDAIN AS FOLLOWS:
Chapters:
1. Business Certificates and Uniform Licensing Procedures
2. Business Certificate-Fees
Chapter 1
BUSINESS CERTIFICATES AND UNIFORM REGISTRATION PROCEDURES.
Sections:
1.01
1.02
1.03
1.04
1.05
1.06
1.07
1.08
1.09
1.10
1.11
1.12
1.13
1.14
1.15
1.16
1.17
1.18
1.19
1.20
1.21
1.22
1.23
1.24
1.25
Purpose
Definitions
Certificate-Required
Certificate-Required for branch offices and businesses doing
business in same location
Businesses or organizations exempt
Exemption to fees
Certificate-Application-Contents
Certificate-Issuance
Certificate-Term
Certificate-Nontransferable or Non-refundable
Certificate-Duplicate
Certificate-Denial
Certificate-Appeal of Denial
Investigation and inspection procedure
Unlawful operation or nuisance
Certificate does not permit business otherwise
Other agency review
Constitutional apportionment
Posting and keeping certificates
Enforcement authority
Right to revoke
Grounds for denial or revocation
Penalties for failure to apply for certificate or not having
current certificate
Effect of regulation on existing businesses
Violation-Penalty
Ord$ 91-33 -1-
SECTION 1. Chapters 1 and 2 relating to the Business Registration Program are hereby
adopted to read as follows:
1.01 Purpose.
A. The Ordinance codified in this document is enacted for the purpose of providing a
registry of businesses in the incorporated area.
B. This Ordinance is also intended to protect the interests of legitimate businesses in the
City from unfair competition with businesses operating in violation of federal, state and local
laws.
C. This Ordinance is not intended to impose any form of taxation on the business
community nor to collect in fees more money than is necessary to recover the administrative costs
of processing an application for the issuance or renewal of a business certificate.
1.09 Definitions. For the purposes of this Ordinance, the following words and phrases
shall have the following meanings:
A. "Business" means professions, trades and occupations and all and every kind of calling
whether or not carried on for a profit.
B. "Civic groups, service clubs and social organizations" means a group, club or
organization that is not engaged in any profession, trade, calling or occupation but is organized
to provide civic, service or social activities in the City.
C. "Occasional" means less than once each quarter of a year.
D. "Person" means all domestic and foreign corporations, associations, syndicates, joint
stock corporations, parmership of every kind, clubs, business trust or common law trusts,
societies, and individuals transacting and carrying on any business in the City.
E. "Profession" means the practice of doctors, dentists, attorneys, accountants, real estate
agents, beauticians, barbers or any other occupation or calling requiting a specialized knowledge
and a certificate to practice.
F. "Peddler" shall include any person, whether principal or agent, whether a resident of
the City or not, who goes from house to house or to only one house, or upon any street, sidewalk,
alley, or in any park or public place in the City, conveying goods, wares, merchandise,
magazines, periodicals or other publications, regularly published newspapers excepted, or any
coupon certificate, ticket or card which is redeemable in goods, wares, merchandise, or services,
Ords 91-33 -2-
or offering the same for sale, or making sales and delivering articles to purchasers. It shall not
include vendors of milk, bakery products, produce, groceries, ice cream or ice and water who
distribute their products to regular customers on established routes.
G. "Sale" means the transfer, in any manner or by any means whatsoever, of title to
property for consideration; the serving, supplying, or furnishing for consideration of any property;
and a transaction whereby the possession of property is transferred and the seller retains title as
security for the payment of the price shall likewise be deemed a sale. The foregoing definition
shall not be deemed to exclude any transaction which is, or which in effect, results in a sale within
the contemplation of law.
H. #Solicitor" shall include any person, whether principal or agent, whether a resident of
the City or not, who goes from house to house or only one house, or upon any street, sidewalk,
alley, or in any park or public place in the City, soliciting or taldng orders for sales of goods,
wares, merchandise, magazines, periodicals or other publications, regularly published newspapers
excepted, or personal property of any nature whatsoever, or any coupon, certificate, ticket or card
which is redeemable in goods, wares, merchandise, or services, for future delivery, or for service
to be performed in the future, whether or not such individual has, carries, or exposes for sale, a
sample of the subject of such order, or whether he is collecting advance payments on such orders,
or who solicits, takes, or attempts to take public opinion polls, consumer surveys, or by such
contracts attempts to secure similar information. Such definition shall include any person who
uses any building, motor vehicle or other place within the City for the primary purpose of
exhibiting samples and taking orders for future delivery, or one who, as an invitee of a purchaser
or prospective purchaser, or otherwise, solicits a sale, or exhibits any sample, or gives a
demonstration, or makes a delivery within this City after a purchaser or prospective purchaser has
been solicited or contacted by telephone, correspondence, or other method of communication from
within the City. Such definition shall also include the term CANVASSER.
I. ~Transient Merchant" shall include any person, whether a resident of the City or not,
who engages in a temporary business of selling and delivering goods, wares, and merchandise,
within said City, and who, in furtherance of such purpose, leases, uses, or occupies any building,
motor vehicle, public room in a hotel or shop or other place within this City for the exhibition and
sale of such goods, wares, and merchandise, either privately or at public auction, provided that
such definition shall not be construed to include any person, firm, or corporation who, while
occupying such temporary location, does not sell from stock, but exhibits samples for the purpose
of securing orders for future delivery only. The person, firm or corporation so engaged shall not
be relieved from complying with the provisions of this Ordinance merely by reason of associating
temporarily with any local dealer, merchant, or auctioneer, or by conducting such transient
business in connection with, as a part of, or in the name of any local dealer, merchant or
auctioneer.
Ords 91-33 -3-
1.03 Certificates--Required. It is unlawful for any person to transact and carry on any
business, Ixade, profession, callirlg or occupation within the City unless such person first procures
a certificate from the City to do so, and complies with any and all applicable provisions of this
Ordinance.
1.04 Certificates--Required for branch offices and businesses doing business in same
location. A separate certificate must be obtained for each branch establishment or location of the
business transacted and carried on and for each separate business carried on at the same location.
Each certificate shall authorize the holder to transact and carry on only the business certified at
a given location. Any changes in the type or character of the business will require the certificate
homer to submit an application for a new certificate.
1.05 Businesses or organi?ations exenlpt. A. This Ordinance shall not require that
churches, civic groups, service clubs or social organizations, including churches that do not
operate at a fixed location, casual workers such as baby sitters, tutors, piano teachers or the like
be required to obtain a certificate. Nothing in this document shall be deemed or construed to
apply to any person transacting and carrying on any business exempt, by virtue of the Constitution
or applicable Statutes of the United States or of the State, from the payment of fees to municipal
corporation. Nor will a certificate be required of any such business.
1.06 Exemption to fees.
A. Charitable Organizations. Charitable organizations meeting any of the conditions listed
below shall be exempt from the payment of the certificate fee but are still required to obtain a
business registration certificate. The payment of the certificate fee will not be required:
1. To conduct, manage or carry on any business, occupation or activity from any
institution or organization which is conducted, managed or carried on wholly for the benefit of
charitable purposes or from which profit is not derived, either directly or indirectly, by any
individual, firm or occupation; or
2. For the occasional conducting of any entertainment, concert, exhibition or
lecture on scientific, historical, literary, religious or moral subjects within the City, whenever the
receipts of any such event are to be appropriated to any church or school or to any religious or
benevolent purpose by a tax exempt nonprofit organization; or
3. For the conducting of any occasional entertainment, dance, concert, exhibition
or lecture by any religious, charitable, fraternal, education, federal, state, county or municipal
organization or association, whenever the receipts of any such entertainment, dance, concert,
exhibition or lecture are to be appropriated for the purpose in which the organization or
association, was formed, and from which a profit is not derived, either directly or indirectly by
an individual, firm or corporation.
Ords 91-33 -4-
However, nothing in this Section shall be deemed to exempt any person association, or
organization, institution, firm or corporation from complying with the provisions of this regulation
or any Ordinance of the City requiring that a certificate, certificate or permit be obtained to
conduct, manage or carry on any profession, trade, calling or occupation.
B. Claim for Exemption. Any person claiming a exemption pursuant to this Section shall
file a verified statement, from The Franchise Tax Board stating the facts upon which the
exemption is claimed.
C. Certificate. The City shall, upon a proper showing contained in the verified statement,
issue a certificate to such person claiming a fee exemption without requiring the payment of a fee.
1.07 Certificate--Application--Contents.
A. Every person, association, organization, institution, fu--m or corporation required to
have a ordinance under the provisions of this document shall make application to the City on a
form provided by the City. Completed applications and fees shall be mailed to the Business
License Services Office and the minimal information required on the application form shall
include, but not be limited to the following:
1. The name of the person to whom the certificate is to be issued;
2. The name of the business;
3. The specific type of business to be conducted;
4. The mailing address of the business;
5. The place where the business is to be transacted and carried on;
6. The name, telephone number and address of the person to notify in the event of an
emergency;
7. Whether hazardous materials or chemicals will be stored at the business location to
the extent permitted within the Hazardous Materials Ordinance; and
8. The State Board of Equalization Resale Certificate number if a resale certificate is
required by the State Board of Equalization and reporting district number.
9. Complete the recycling and solid waste diversion forms attached to the business
registration application as described in Section 1.14A2.
Ords 91-33 -5-
10. Evidence that any and all state, federal or county permits or certificates required to
conduct the applicable business or profession has been lawfully acquired no application shall
be deemed final until adequate evidence of such permits or certificate has been shown.
Applicants shall provide certificate numbers as evidence.
B. Subject to the Public Records Act requirements, the information requested by
Subdivisions 6, 8 and 9 of Subsection A of this Section shall be considered confidential and
will not be made available to the public.
1.08 Certificate--Issuance.
A. A certificate will not be issued until an application for a certificate has been
completed and filed with the City, all certificate fees are paid, and all City officers or
departments required to investigate the application have approved such issuance. However, the
City shall make every attempt practicable to complete any review or investigation within ten
working days of receipt of the application. If a certificate is not issued within ten working days
of the receipt of the application, the applicant shall be informed to the reason or reasons why
the certificate has not yet been issued or will not be issued.
B. The issuance of a certificate shall not be deemed as evidence that a person,
association, organization, institution, firm or corporation operating a business in the City is in
fact in compliance with all Ordinance rules or regulations of the City or that the person has
applied for or have been issued all permits or certificates which otherwise may be required.
1.09 Certificate--Term,
A. Certificates for New Businesses. Certificates for new businesses, whether new to the
City or resulting from a change of ownership, location or type of business, shall be issued for
a maximum term of twelve months or until a renewal of the certificate is required in
accordance with Section B of this Section.
B. Renewal of Existing Certificate. All certificates which are renewed shall be valid for
a twelve month term unless otherwise revoked. Certificates shall be required to be renewed.
When the certificate is scheduled for renewal less than sixty days after its date of issuance, the
renewal fee shall be waived and any further review or investigation may be waived, if there
has been no major change in the operation of the business and the application has been
completed and filed with the City on a timely basis. Certificate renewal date will be February
1st.
1.10 Certificate--Nontransferable or nonrefundable. No certificate issued pursuant to
this ordinance shall be transferable or refundable.
Orda 91-33 -6-
1.11 Certificate--Duplicate. A duplicate certificate may be issued by the City to replace
any certificate previously issued under this regulation which has been lost or destroyed, upon
the certificate holder filing an affidavit attesting to such fact, and at the time of filing such
affidavit, paying a duplicate certificate fee equal to the fee established for a certificate renewal.
1.12 Certificate--Denial. Any person denied a certificate shall be fully advised, in
writing, of the grounds for such denial.
1.13 Certificate--Appeal of Denial.
A. Any person aggrieved by the decision of an administrative officer or agency with
respect to the issuance or refusal to issue a certificate, may appeal that decision to the City
Manager within thirty calendar days from the date of denial or the date of certificate issuance.
The appeal must be in writing and filed with the City Clerk. Following the filing of an appeal,
the City Manager or designee must notify the appellant of a time and place for a heating to
review the appeal. Following the heating the City Manager must notify the appellant of the
decision in writing.
B. If the person is not satisfied with the decision of the City Manager, the person may
appeal to the City Council within thirty calendar days after receipt of the notice of the City
Manager's decision by filing a written appeal with the City Clerk. The City Clerk shall
establish a time and place for hearing the appeal within thirty calendar days of the filing of the
appeal and provide the appellant with sufficient notice by serving the appellant personally or
by sending the notice by registered mail addressed to the appellant at the appellant's last
known address. The determination of the City Council shall be final.
1.14 Investigation and inspection procedure. All applications for a certificate shall be
reviewed or investigated and certified in accordance with the following guidelines:
A. Applications for New Certificates. Each application for a new certificate shall be
investigated for certification as noted below. The City shall make every attempt practicable to
complete all required investigations within ten working days of the receipt of an application.
1. The Department of Planning Services shall review and certify that:
a. The business and its location comply with the zoning ordinance of the
City;
b. The business and its location is a lawful use under the laws of the
State and
c. All buildings of the business have been issued certificates of
occupancy.
Ords 91-33 -7-
2. Every business that is a first time or renewal applicant for a Business
Certificate will be required to complete appropriate waste management forms. The
information from these forms will assist the City to address waste diversion issues in order to
comply with AB 939 reporting requirements and to encourage the implementation of systems
designed to divert waste from our landfills.
a. Except for the City of Temecula permitted waste management
haulers, every business which engages in the business of accepting raw recyclable materials, or
buying and processing for further use or sale any mw recycled product, shall keep adequate
records to define the jurisdiction or origin, material type, and weight of every recycled product
it receives. An aggregate report of the prior calendar year (January through December)
activity shall be submitted with the new or renewal business application as Exhibit A to the
application. The City's Program Manager for Waste Management will, upon receipt and
determination of adequacy, notify Business License Services that the applicant has complied
with this requirement and is cleared to be issued a Business Certificate. If accurate records are
unavailable, the first report may be estimated. Beginning the year following the issuance of the
applicant's first Business Certificate, the business shall submit aggregate reports on a biannual
basis (i.e. periods ending in June and December) with the December report including the
information for the entire calendar year and submitted with the annual Business Certificate
renewal application. The June report may be submitted directly to the Program Manager for
Waste Management.
b. Every business operating in the City shall keep adequate records of
all waste materials that were separated and removed for recycling defining the type, weight,
and disposal point of each such product. Products disposed of using a permitted hauler do not
need to be reported. An aggregate report of the prior calendar year (January through
December) activity, which also includes a survey of source reduction methods, shall be
submitted with every new or renewal business application, attached to application as Exhibit B.
The City's Program Manager for Waste Management will, upon receipt and determination of
adequacy, notify Business License Services that the application has complied with this
requirement and is cleared to be issued a Business Certificate. If accurate records are
unavailable, the first report may be estimated.
B. Applications for Renewal of an Existing Certificate. Each application for
renewal of a certificate shall be processed as follows: Business Licensing Services of the City
shall receive the application and review it to determine if any changes exist which may require
the review of any other department, agency or official. If a review is deemed necessary, the
application shall be forwarded to the appropriate department, agency and/or officials for
further review.
1.15 Unlawful operation or nuisance. The granting of a certificate under this Ordinance
shall not be deemed in any sense whatsoever a permit or certificate to conduct the business
Orals 91-33 -8-
referred to therein, in any unlawful manner, or in any manner so as to constitute the same a
nuisance.
1.16 Certificate does not permit business otherwise prohibited. Persons required to pay
a certificate fee for transacting and carrying on any business under this Chapter shall not be
relieved from the payment of any fees for the privilege of carrying on any similar or related
activity required under any other Ordinance of the City and shall remain subject to the
regulatory provisions of other Ordinances and laws.
1.17 Other agency review. The Business Certificate Officer may refer to any
governmental agency any statement and all other information submitted by persons subject to
the provisions of this Chapter in connection with the conduct of a business regulated or
supervised or otherwise the concern of any such agency, including agencies concerned with
health regulations, zoning conformance, fire safety, police considerations, or any other
safeguard of the public interest. Failure to comply with conditions required by other agency
review shall result in revocation of the certificate once granted.
1.18 Constitutional apportionment.
A. None of the fees authorized by this Ordinance shall be so applied as to occasion an
undue burden upon interstate commerce.
B. In any case where a fee authorized by this Ordinance and imposed by City Council
resolution is believed by a certificate holder or applicant for a certificate, to place an undue
burden upon interstate commerce, the applicant may apply to the City Council for an
adjustment of the fee. Such application may be made before, at, or within six months after
payment of the prescribed fee. The Decision of the City Council shall be final.
1.19 Posting and keeping. All certificates must be kept and posted in the following
manner:
A. Any certificate holder transacting or carrying on business at a fixed place of
business in the City shall keep the certificate posted in a conspicuous place upon the premises
where such business is carried on or must have the certificate immediately available for
inspection upon request.
B. Any certificate holder transacting or carrying on business but not operating at a
fixed place of business shall keep the certificate immediately available at all times while
transacting and carrying on business within the City. In all instances in which a certificate is
required under this Ordinance for the use of any vehicle, equipment or device, the certificate
shall be attached to the vehicle, equipment or device.
Ords 91-33 -9-
1.20 Enforcement authority. The City's police agency and all assigned Code
Enforcement Officers have and exercise the power and duty to make arrests for violations of
this ordinance. The Enforcement Authority may, enter free of charge, for inspection of
certificates, at any time during regular business hours, at any place of business for which a
certificate is required, and to demand the exhibition of such certificate for the current term by
any person engaged or employed in the transaction of the business. If such person shall then
fail to exhibit the required certificate, such person shall then be liable to the penalty provided
for in this Ordinance.
1.21 Right to revoke.
A. Every certificate granted under this ordinance is granted and accepted by all parties
with the express understanding that the City Council may revoke the certificate if it is in the
best interest of the health, welfare or safety of the public to do so and grounds for such
revocation exist as noted in Section 1.22.
B. Before a certificate may be revoked, the City Council must hold a public hearing,
with the notice of the time and place of the public hearing and the reason or reasons for the
hearing, given to the certificate holder.
1.22 Grounds for denial or revocation. A certificate required by this ordinance may be
denied or revoked pursuant to this regulation only upon one or more of the following grounds:
A. Proper application as prescribed in this Ordinance has not been made or
information submitted has been falsified; or
B. The prescribed fee for such certificate has not been paid; or
C. Delinquent certificate fees have not been paid; or
D. The conduct of the business is contrary to local, state or federal
law.
1.23 Penalties for failure to apply for certificate or not having current certificate. Any
person who fails to apply for and receive a certificate prior to the start of business, or has not
applied for the renewal of an existing certificate prior to expiration of the certificate shall pay
the applicable fee, plus a penalty fee not to exceed twice the normal registration fee.
1.24 Effect of Ordinance on existing businesses. Each business that was operating from
a permanent location, on the date of the ordinance will be required to obtain a certificate
within 90 days of the effective date of this ordinance.
1.25 Violation--Penalty. If a person fails to file for a certificate as provided in this
ordinance within thirty calendar days after being informed to do so, or fails to pay the
applicable fee, or violates any of the other provisions of this ordinance, or knowingly or
intentionally misrepresents any material facts to any officer or employee of the City in
procuring the certificate provided in this ordinance, or continues to operate a business after the
business registration certificate has been revoked, the person shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed five
hundred dollars or by confinement in jail not to exceed six months or by both such fine and
confinement.
Chapter 2
BUSINESS Certificate - FEES
Sections:
2.01
2.02
2.03
2.04
2.05
2.06
2.07
General classification categories
Skilled and professional categories
Contractors categories
Brokers categories
Rentals categories
Vending machines categories
Miscellaneous categories
Certificate--Fee. At the time of application for a business certificate, the City shall
require the applicant to pay a fee for the processing of said certificate. No portion of this fee
shall include the cost of any inspections, investigations or other functions required prior to the
original enactment of the Ordinance. All monies collected under this ordinance will be
deposited in the general fund of the City. No greater or less amount of money shall be charged
or received for any certificate than is provided by in this ordinance, and no certificate shall be
sold or issued for any period of time other than what is provided in this ordinance. Rebates
will not be given for any unused portion of the certificated term.
1. New Certificate Application Fee. A person applying for a certificate for a
new business, whether the business is new to the City, or an existing business which has
changed location, ownership, or type of business, shall be required to pay a fee which is
intended to recover the cost of processing the application.
2. Renewal of Certificate. A person who is applying for the renewal of an
existing certificate, and the business has not changed in ownership, location or type of
business, shall be required to pay a fee which is intended to recover the cost of processing the
application.
OrdB 91-33 -11-
3. Fee Exemption. There will be a fee exemption for branch offices operating
from a Primary Business located within the City. However, branch offices operating from a
primary business which is located outside of the City will be required to pay the Certificate fee
for the first branch office, all others will be exempted.
2.01 General classification categories. The general classification includes any
category, not specifically described by another classification, and includes, by way of
example, the following:
1. Bootblack or shoe shining parlor or stand;
2. Cigars and tobacco stands or shops;
3. Messenger or fax service;
4. Popcorn and nut store or shop;
5. Awning and tent store;
6. Bath and bathhouse;
7. Books and stationery store;
8. Carpentry shop, where woodworking or repairing is done;
9. Delicatessen;
10. Electrical fixtures and supplies; where contracting also is done, a separate
certificate fee for such contracting shall also be paid;
11. Employment agency or bureau;
12. Escrow business;
13. Florist shop or store;
14. Gift, art or curio shop or store;
15. Harness, saddlery or tack shop;
16. Hat shop or store;
17. Hat blocking and cleaning;
18. Hemstitching and pleating;
19. Jewelry store or shop, including jewelry, watch or clock repair;
20. Luggage shop, including trunks and other equipment;
21. Millinery store
22. Nursery or gardening, selling nursery stock or conducting a gardening
business; where contracting also is done, a separate certificate fee for such
contracting shall also be paid;
23. Paint and oil dealer;
24. Planing or molding mill;
25. Seed store;
26. Stable;
27. Tailor shop;
OrdB 91-33 -12-
28. Upholstery;
29. Warehouse, including moving and storage;
30. Cobbler;
31. Advertising, posting, affixing, stenciling or painting advertising bills or
signs upon any post, fence, billboard, advertising signboard, building or other structure, as
well as operating or maintaining any billboard, signboard, advertising structure, or sign
device; distributing posters; circulars, handbills, brochures or other printed advertising matter;
solicitation of advertising for any publication, poster, circular, handbill, brochures or other
printed matter; the advertisement of a business certificated under any other classification shall
not require an additional certificate fee if such advertising pertains to the particular business
32. Air conditioning and refrigeration sales and service; when contracting also
is done, a separate certificate for such contracting shall also be paid;
33. Aircraft sales, maintenance, repair, storage or rental; aircraft accessories;
flying instructions or carrying passengers for hire in aircraft;
34. Blacksmith shop or forge and horse shoeing;
35. Blueprint or map making;
36. Candy store, where candy is manufactured and/or sold;
37. Clothing and furnishings;
38. Dry goods store;
39. Heating sales and service; where contracting also is done, a separate
certificate fee for such contracting shall also be paid;
40. Household appliances and furnishings;
41. Ice cream or ice milk dealer or manufacturer;
42. Job printing office or plant;
43. Machine shop for manufacture of machines, machinery or parts;
44. Neon signs; manufacturing, selling, dealing or servicing of neon or other
tubular electrical signs; when contracting also is done, a separate certificate fee for such
contracting shall also be paid;
45. Plumbing fixtures and supplies; when contracting also is done, a separate
certificate fee for such contracting shall also be paid;
46. Radio and/or television store, where radios or televisions or parts are sold
or serviced;
47. Sheet metal works; when construction also is done, a separate certificate
fee for such contracting shall also be paid;
48. Shoe store;
49. Sporting goods shop;
50. Collection agency or credit bureau;
51. Creamery;
52. Drugstore;
Ords 91-33 -13-
53. Newspaper, magazines, and other publications;
54. Office supplies and equipment; selling or servicing office supplies,
machines or equipment;
55. Dance hall (public); a place where dancing is conducted, whether for profit
or not for profit and to which the public is admitted, either with or without charge or at which
the public is allowed to participate in the dancing, either with or without charge. In addition
to a business certificate, every public dance hall or ballroom shall be required to have a special
permit issued by the City Manager;
56. Dancing school;
57. Golf driving range or archery range;
58. Riding academy or school;
59. Skating rink;
60. Swimming poll;
61. Theaters or show, including motion pictures or vaudeville theater at an
established place of business wholly within a permanent building constructed for theatrical
purposes;
62. Art gallery;
63. Astrologer, including every person who carries on, practices or professes to
practice the business or art of astrology, palmistry, phrenology, life reading, fortune-telling,
cartomancy, handwriting analysis, chirography, clairvoyance, clairaudience, crystal gazing,
hypnotism, mediumship, prophecy, augury, divination, magic, necromancy, numerology, or
similar business, trade or calling, and who shall not be prohibited from doing or conducting
any of these practices, professions, businesses or callings by any statute of this State,
ordinance of this City or by any other law, and who demands or receives a fee or
compensation for the exercise or exhibition thereof, except that the provisions of this
regulation shall not apply to those persons providing bona fide and incidental entertainment
and amusement for the guests and patrons of and on the premises of any business duly
certificated by the City for which no separate or additional charge or consideration shall be
paid by the guests or patrons or received or accepted by the person who performs or practices
astrology. Additionally, a special permit from the City Manager must be obtained;
64. Auction; for the business of selling lands, tenements, hereditament, goods,
wares, merchandise or real or personal property of any kind or description at auction or public
outcry, except no certificate shall be required for the selling at public sale of goods or property
belonging to the United States or to the State or federal court, or by the legally appointed
administrator, executor or guardian of an estate. Additionally, a special permit shall be
obtained from the City Manager;
65. Automobile and other motorized equipment sales and rentals, including
automobile accessories, motorcycles, motorscooters, garages or service stations for
automobiles and related vehicles,; parking lots or storage yards for automobiles and other
vehicles; and taxis. The owner and operator of any taxi shall first file an application with the
City's law enforcement agency, together with fingerprints and photographs, and the City's law
Ords 91-33 -14-
enforcement agency shall make an investigation of said applicant and operator, and shall file a
certificate with the Business Certificate Officer if said investigation shows that the record of
the applicant and operator will not prejudice the public, peace, safety, morals or welfare;
automobile top or upholstering shop; automobile wash rack or automobile wash place; and
automobile wrecking yard;
66. Bakery or baked goods shop;
67. Bankrupt, assigned or damaged goods; for selling or offering for sale
bankrupt, assigned or damaged stock of goods, wares or merchandise of whatever nature or
kind. Additionally, a special permit must be obtained from the City Manager; 68. Barbershop;
69. Beauty shop, with or without sale of toilet articles or cosmetics.
70. Beer tavern;
71. Bicycle or motor-driven cycles, or accessories;
72. Bottled water delivery;
73. Brickyard, where brick is manufactured or from which brick is sold;
74. Building supplies;
75. Building cleaners, for cleaning rooms or furnishings;
76. Carpet and rug cleaners, for cleaning carpets or rugs or related materials or
surfaces;
77. Private clubs, such as tennis clubs, golf clubs, country clubs, where
recreational sport or other facilities are provided for members and others;
78. Dairy, including wholesale and retail production and sale of milk and dairy
products;
79. Department store;
80. Eating places, catering services, restaurants, lunch counters; and snack
bars;
81. Dime stores, or other retail stores operating under similar format;
82. Furniture stores selling or dealing in new or secondhand furniture or both;
83. Gasoline delivery tanks, including the business of carrying on or managing
the business of buying, selling or dealing in petroleum products at wholesale;
84. Grocery stores and markets where meat, fish, poultry, egg and butter
products, and household goods and related products are sold;
85. Hardware store;
86. Manufacturing of retail or wholesale products;
87. Ice; manufacturing, distributing or vending ice;
88. Investments and loan business;
89. Laundry, and other businesses for cleaning or pressing clothing and other
materials;
90.
91.
repair business or
Liquor store;
Locksmith, including conducting, carrying on or engaging in key or lock
shop; providing that there first shall be procured from the City's law
Ords 91-33 -15-
enforcement agency and filed with the Business Certificate Officer a certificate that the
applicant has been investigated and it has been determined that the issuance of such certificate
will not prejudice the public; peace, safety, morals or welfare;
92. Lumber business or lumberyard, either wholesale or retail;
Music dealer, including the sale or rental of music and musical
93.
instruments;
94.
95.
96.
97.
98.
accessories;
99.
Nursery school for the care of children;
Packing house;
Transient Merchant;
Peddler;
Camera shop, photography business; film processing and photography
Prefabricated buildings, including the sale of such buildings; where
contracting also is done, a separate certificate fee for such contracting shall also be paid;
100. Rock, sand and gravel; sales or delivery, including acceptance of orders
for the sale of rock, sand or gravel which is removed from the premises by the purchaser;
101. Secondhand dealer involved in the sale or trade of secondhand goods,
wares or merchandise;
102. Solicitor;
103. Telegraph company for intrastate business;
104. Towel distributor, including distribution of towels, linens or napkins to
businesses, houses or offices, either by local or out-of-town operators; 105. Commercial traveler;
106. Record, tape and phonograph stores, including businesses engaged in the
selling, renting or otherwise dealing in recorded music, music machines or musical equipment;
107. Woodyards, including businesses selling and/or delivering firewood.
108. Home occupancy.
2.02 Skilled and professional categories. A. The skilled and professional classification
includes professional businesses and establishments offering skilled services, and includes, by
way of example, the following: 1. Accountants;
2. Attorneys at law;
3. Engineers or surveyors;
4. Laboratories, chemical or other type;
5. Veterinarians;
6. Architects or designers, engaged in the business of preparing plans and
specifications for buildings, structures or other projects; plans and specifications for buildings,
structures or other projects;
7. Doctors, dentists, chiropractors, and other health care providers; and
8. Undertakers and mortuaries.
Ords 91-33 -16-
2.03 Contractors categories. The contractors classification includes general engineering
contractors; general building contractors; boiler, hot water heating, steam fitting; cabinet and
mill work; cement and concrete; electrical (general); electric signs; elevator installation;
excavating, grading, trenching, paving and surfacing fire protection engineering; flooring
(wood); glazing; house and building moving; insulation; landscaping, lathing; masonry,
ornamental metals; painting and decorating; plastering; plumbing; refrigeration; roofing;
sewer, sewage disposal, drains and cement pipe laying; sheet metal; steel (reinforcing); steel
(structural); structural pest control; tiel (ceramic or mosaic); warm air heating; ventilating; air
conditioning; welding; well drilling; classified specialists; and other businesses such as refuse
collection, ambulance services and cable television companies.
2.04 Brokers categories. The brokers classification includes person engaged in the
occupation of broker and/or engaged in or carrying on the business of lending or selling on
commission, or making loans for others on commissions, collecting rents as agents for other
than those carrying on the business of banking, and includes, by way of example, the
following:
A. Stock or bond broker;
B. Real estate broker or agent;
C. Insurance broker (but not an insurance agent).
9..05 Rentals categories. The rentals classification includes any person engaged in the
business of operating a hotel, motel, apartment complex, rooming house, mobilehome park,
trailer park, or campgrounds or any other similar type of lease or rental living facility with a
total of three or more units or spaces.
2.06 Vending machines categories. The vending machines classification includes the
business of renting, leasing or operating coin-operated vending machines, and includes, by
way of example, the following:
A. Cigarette or tobacco machines;
B. Food or beverage machines;
C. Postage stamp machines;
D. Game machines.
E. Recycling machines.
2.07 Miscellaneous categories. The miscellaneous classification includes such
businesses operating exclusively with a vehicle for advertising, delivering or selling goods,
wares, merchandise or services, and such other designated businesses, and includes, by way of
example, the following: A. Dances;
B. Carnival, circus or rodeo;
C. Swap meets;
Ords 91-33 -17-
D. Arcades;
E. Games;
F. Merry-go-rounds;
G. Shooting galleries;
H. Medicine shows;
I. Pawnshops;
J. Wrecking yards or junkyards;
K. Bowling alleys;
L. Billiards halls or poolhalls.
M. Secretarial
N. Bookkeepers
O. Entertainers
P. Transportation
Q. House Cleaning
R. Breeders
S. Pet Care
SECTION 2. The City Clerk shall certify to the adoption of this Ordinance and shall
cause a summary to be published and a certified copy of the full text to be posted in the office
of the City Clerk at least five days prior to the meeting at which the City Council adopts this
ordinance. Within 15 days after adoption of this Ordinance, the City Clerk shall publish a
summary of this Ordinance with the names of the City Council members voting for and
against, and the City Clerk shall post a certified copy of the Ordinance in the office of the City
Clerk with the names of the City Council members voting for and against the Ordinance.
PASSED, APPROVED AND ADOPTED, this 27th day of August, 1991.
Ronald J. Parks, Mayor
ATTEST:
[SEAL]
Ord$ 91-33 -18-
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA )
I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 91-33 was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the 13th day of August, 1991 and that thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 27th
day of August, 1991 by the following vote:
AYES: 4
COUNCILMEMBERS: Birdsall, Lindemans, Mufioz, Parks
NOES:
0 COUNCILMEMBERS: None
ABSENT: 1
COUNCILMEMBERS: Moore
Ords 91-33 -19-