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HomeMy WebLinkAbout15-07 CC OrdinanceORDINANCE NO. 15-07 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REPEALING CHAPTER 5.06, LAWFUL HIRING COMPLIANCE (E -VERIFY), OF THE TEMECULA MUNICIPAL CODE AND AMENDING SECTIONS 5.04.280 AND 5.04.300 OF THE TEMECULA MUNICIPAL CODE TO DELETE REFERENCES TO CHAPTER 5.06 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Chapter 691 of the Statutes of 2011 enacted Labor Code Sections 2811 through 2813, effective on January 1, 2012, that prohibit the state, cities, counties, city and county, and special districts from requiring employers to use an electronic employment verification system (including e -verify) for its employees. Therefore, the City's e -verify ordinance, Chapter 5.06 of the Temecula Municipal Code, needs to be repealed to comply with this state statute. By January 1, 2102, the City had notified all holders of business license certificates that such employers were not required to comply with Chapter 5.06 due to the State legislation. Section 2. Chapter 5.06, Lawful Hiring Compliance, of the Temecula Municipal Code is hereby repealed. ' Section 3. Section 5.04.280 of the Temecula Municipal Code is hereby amended to read as follows: 5.04.280 Grounds for denial or revocation. A certificate required by this Chapter may be denied or revoked pursuant to this Chapter only upon one or more of the following grounds: A. Proper application as prescribed in this Chapter has not been made or information submitted is false; 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 has been or is contrary to local, state or federal law. Section 4. Section 5.04.300 of the Temecula Municipal Code is hereby amended to read as follows: Ords 15-07 5.04.300 Violation—Penalties. ' A. 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 B. Any person who fails to file for a certificate as provided in this Chapter 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 Chapter, or knowingly or intentionally misrepresents any material fact to any officer or employee of the City in procuring the certificate provided in this Chapter, or continues to operate a business after the business registration certificate has been revoked, is guilty of a violation of this code that may be enforced pursuant to the enforcement provisions set forth in Title 1 of this code. Section 5. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28th day of July, 2015. A T• Ran Jo - Ison, City Clerk [SEAL] Ords 15-07 / Jeff Comerchero, Mayor z STATE OF CALIFORNIA ) ' COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl-Olson, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 15-07 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 16th day of July, 2015, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 28th day of July, 2015, the following vote: AYES: 5 COUNCIL MEMBERS NOES: 0 COUNCIL MEMBERS ABSTAIN: 0 COUNCIL MEMBERS ABSENT: 0 COUNCIL MEMBERS Ords 15-07 3 Edwards, McCracken, Naggar, Rahn, Comerchero None None 4 �— Randi Johl-Olson, City Clerk