BUSINESS LICENSES

The following words and phrases shall, for the purposes of this Chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended.

(a)

"Business" means professions, trades, or occupations including, but not limited to, contractors and subcontractors of all and every kind or calling which are engaged in for the purpose of earning, in whole or in part, a profit or livelihood, whether or not a profit or livelihood is actually earned, and whether paid for in money, goods, waiver or otherwise. Business includes, but is not limited to, professions, trades or occupations which do not have a fixed location within the City but are doing business within the City.

(b)

"Person" means a natural individual, corporation, whether foreign or domestic, joint venture, association, partnership, estate or trust, or any combination thereof, acting as a unit and engaged in any business in the City other than as an employee.

(91-91 § 2)

Unless exempted pursuant to Section 5.01.130, no person shall engage in any business within the City without a valid business license issued pursuant to this Chapter or without complying with any an all regulations applicable to such business.

(91-91 § 3)

A separate business license shall be required for each branch establishment or location of a business within the City.

(91-91 § 4)

(a)

Application for a business license shall be filed with the City Treasurer or his designee upon a form provided by the City. The permit application shall not be deemed filed unless the form has been filled out completely and accurately by the applicant. The applicant shall be the person desiring to engage in the business or such person's duly authorized representative.

(b)

All applications shall be accompanied by a filing fee in an amount established by resolution of the City Council or a request for a waiver of such fee pursuant to this Chapter.

(c)

The application shall contain the following:

(1)

The name, business address, mailing address and telephone number of the person who will engage in the business. If such person is a corporation, the name and address of each director and the name and address of each officer who is duly authorized to accept service of legal process;

(2)

The name, title, business address, mailing address and telephone number of the applicant and the local manager;

(3)

The business address and mailing address of the business and an after-hours phone number and contact;

(4)

If the business is advertised to the public by name or designation other than the name of the applicant, that name or designation and proof of filing of a fictitious business name statement;

(5)

A detailed description of the nature of the business, including, but not limited to, a listing of all Federal, State, County and other required permits or licenses;

(6)

The signature of the applicant acknowledging under penalty of perjury that the information provided on the application is true and correct to the best of that person's knowledge; and

(7)

Such other and further information as the City Treasurer may deem necessary.

(91-91 § 5)

(a)

For a business that was commenced prior to the effective date of the ordinance codified in this Chapter and continued in operation thereafter without interruption or transfer of ownership, a license application shall be filed on or before the 31st day of December, 1991.

(b)

For a business that commences, recommences, establishes an additional branch location or is transferred after the effective date of the ordinance codified in this Chapter, a license application shall be filed prior to the commencement of the business.

(91-91 § 6)

A business license shall be valid for one year from the date of issuance. The license shall be renewed annually by the filing of a renewal application, accompanied by payment of the appropriate fee, not more than forty-five (45) days nor less than twenty (20) working days prior to the expiration of the current license.

(91-91 § 7)

Every business license shall be posted in a conspicuous place upon the premises where such business is conducted. The license shall be produced in response to a request from the City Treasurer or his designee(s), the Community Development Director, duly authorized law enforcement officers and code enforcement officers.

(91-91 § 8)

(a)

The business license shall be prepared and issued upon approval by the City Treasurer or his designee. The license shall be deemed null and void if the license application contains false or misleading information.

(b)

Each license shall state on its face the following:

(1)

The name of the business or person to whom the license is issued;

(2)

The location of the business;

(3)

The date of the issuance of the license;

(4)

The date of the expiration of the license;

(5)

The license control number, unique to each license;

(6)

The official seal of the City; and

(7)

Such other and further information as the City Treasurer shall deem appropriate.

(91-91 § 9)

(a)

The City Treasurer is directed to enforce the provisions of this Chapter. He or his designee(s) may examine all places of business in the City and their business records to confirm compliance with this Chapter.

(b)

The City Treasurer or his designee performing the duties of the license collector shall have access to State and local summary criminal history information in order to fulfill his or her duties regarding licensing. Penal Code Section 432.7, Stats. 1974 and H1321 shall apply to such information.

(c)

The City Treasurer or his designee shall keep a record of all licenses issued, the term, to whom issued, the location of the business and the amount of the fee paid.

(d)

The City Treasurer and his designee(s), the Community Development Director, duly authorized law enforcement officers and code enforcement officers, shall have the authority to enter any business required to be licensed by this Chapter and request to see the license.

(91-91 § 10)

(a)

No business license shall be transferred or assigned, except that when a business is transferred from one location to another location in the City, the current license may be amended by the City Treasurer or his designee to authorize the conduct of the business at the new location without payment of a transfer fee. Application for the transfer shall be filed on a form provided by the City for that purpose prior to the effective date of the transfer. The transfer application shall not be deemed filed unless the form has been filled out completely and accurately by the licensee or such person's duly authorized representative.

(b)

The application shall be accompanied by a transfer fee in an amount established by resolution of the City Council.

(91-91 §11)

(a)

The fact that a business license has been issued does not authorize or legalize any business or business activity which violates any Federal, State or local statute, ordinance, rule or regulation, nor shall the issuance of a business license be construed as permitting a business in a zone or land use district where such business otherwise is not permitted.

(b)

In any trade or profession where a City, County, State or Federal license or permit is required, such valid license or permit shall first be exhibited to the City Treasurer or his designee before a City business license will be issued.

(c)

A City business license shall not be issued until an applicant has obtained all necessary land use entitlements or building permits to operate the business in and at its location. In applying for a building permit or other entitlement for a business, the applicant shall provide the license control number.

(91-91 §12)

(a)

The City Manager may refuse to grant a business license if a finding can be made that:

(1)

The business and/or applicant is not authorized by local, State or Federal law, or by terms of parole or probation or by current court order to engage in the business as applied for; or

(2)

The business license application is determined to be fraudulent in any manner.

(b)

A business license may be suspended or revoked by the City Manager if any of the following findings can be made:

(1)

The business and/or applicant is not authorized by local, State or Federal law, or by terms of parole or probation or by current court order to engage in the business as applied for;

(2)

The business license was obtained by misrepresentation or fraud;

(3)

The business is being operated in violation of an applicable local, State or Federal law; or

(4)

The license holder is not authorized by local, State or Federal law to engage in the business activity.

(c)

Action by the City Manager to deny, suspend or revoke a business license may be appealed to the City Council. Action of the City Council shall be final.

(d)

Sale of Synthetic Drugs Prohibited. No person owning or operating a business in the City, and no business holding a business license may sell, offer for sale, trade, barter, give, devise or otherwise make or attempt to make available so called "synthetic drugs" as that term is defined under Section 11.36.020(n).

(e)

Revocation of Business License for Synthetic Drug Sales. The penalty for selling, offering for sale, trading, bartering, giving, devising or otherwise making or attempt to make available synthetic drugs shall be as follows:

(1)

First Violation. When a person or business is found to violate this section, that person or business shall be issued a formal, written warning from a County sheriff's deputy on behalf of the City to cease the prohibited activity.

(2)

Second Violation. When a person or business is found to violate this section after being issued a formal, written warning for a previous violation, that person or relevant agent for the business shall be given a written notice of violation by a County sheriff deputy on behalf of the City directing that a management level representative must attend an education course of not less than one (1) hour, on the topic of (and taught by a person reasonably knowledgeable in) the identification and consequences of using synthetic drugs, along with information on how to register for such a course. Formal documentation of the completion of this course shall be provided to City within four (4) weeks of a second violation, and failure to provide such documentation shall result in referral of the matter by the County sheriff's deputy to the City's code enforcement officer for summary revocation of the relevant business license as set forth in the following Subsection (e)(3).

(3)

Third Violation. When a person or business is found to violate this section for a third time, or if a person or business that has violated this section twice fails to timely complete the required education course pursuant to Subsection (2), that person or business shall be given written notice by the code enforcement officer that its business license for the premises in question is immediately and summarily revoked, and that continued operation of the business in question thereafter shall be deemed a violation of this Code. A copy of such notice shall be posted at a prominent location upon the property in question. An action to revoke a business license under this section may be appealed within ten (10) days of the date of the written notice of the summary revocation, pursuant to the procedure articulated in Section 5.01.120(c). Notwithstanding any provision of this Code to the contrary, and because the City Council has declared that a business operating in violation of this section poses an immediate threat to public health, safety and welfare, the filing of an appeal in connection with the immediate, summary revocation of a business license under this section shall not stay the effectiveness of the revocation during the pendency of an appeal.

(91-91 § 13; Ord. 185 § 1, 2004; Ord. No. 250, § 3, 2-26-2013)

No business license (either application or fee) shall be required of or for:

(a)

Businesses which the City may not regulate, under State or Federal law (such as cafe musicians as defined in Business & Professions Code Section 16100.5) and persons engaged totally in interstate commerce, upon proof of such to the City Treasurer;

(b)

Occasional garage sales, including, but not limited to, yard, lawn, attic, patio, moving or rummage sales held to sell, exchange, trade or dispose of surplus household or personal goods belonging to those conducting the garage sale on their residential premises, which sales may not be conducted during more than four (4) forty-eight (48) hour periods per year; or

(c)

Occasional, seasonal or sporadic temporary bazaars, carnivals or other sales conducted by charitable or public service organizations for fund raising purposes where conducted with a temporary use permit pursuant to Chapter 11.04.

(91-91 § 14)

The following shall be required to file an application and obtain a license but no license fee shall be required:

(a)

A disabled veteran honorably discharged from a branch of the U.S. military, resident in California who is the owner or operator of the business, upon proof of his or her status; or

(b)

A charitable or public service organization which is the owner or operator of the business upon proof of such status.

(91-91 § 15)

The requirements of this Chapter shall be separate and apart from the requirements of Chapter 11.04. A solicitor, hawker or peddler shall be required to obtain a business license in addition to a solicitation permit where not exempted by either Chapter.

(91-91 § 16)

The City Council by resolution may determine and adopt a schedule of fees to cover the cost of business licensing and regulation.

(91-91 § 17)

Any person who violates any provision of, or fails to comply with any requirement of, this Chapter is guilty of an infraction and, upon conviction thereof, shall be punished in accordance with Chapter 1.04 of the City.

(91-91 § 18)

Under State law effective January 1, 2007, the California Public Utilities Commission ("PUC") will have the authority to grant State video franchises ("State franchises"). The City of Twentynine Palms (the "City") will acquire certain rights and responsibilities with respect to State video franchise holders. These include the receipt of a franchise fee and a fee for public, educational and government ("PEG") purposes, both based on a percentage of the gross revenues of State franchise holders, as well as the establishment and enforcement of penalties for violations of customer service rules.

(Ord. 205 § 1(1.00), 2007)

(a)

Any State video franchise holder ("State franchisee") operating within the boundaries of the City of Twentynine Palms shall pay a fee to the City equal to five percent (5%) of the gross revenue of that State franchisee.

(b)

Any State franchisee operating within the boundaries of the City of Twentynine Palms shall pay an additional fee to the City equal to one percent (1%) of the gross revenue of that State franchisee, which fee shall be used by the City for PEG purposes consistent with State and Federal law.

(c)

Gross revenue, for the purposes of subsections (a) and (b) above, shall have the definition set forth in California Public Utilities Code Section 5860.

(Ord. 205 § 1(1.01), 2007; Ord. No. 283, § 1, 1-23-2018)

Not more than once annually, the City may examine and perform an audit of the business records of a State franchisee to ensure compliance with Section 5.04.020.

(Ord. 205 § 1(1.02), 2007)

(a)

The holder of a State franchise shall comply with all applicable State and Federal customer service and protection standards pertaining to the provision of video service.

(b)

The City Manager, or his/her designee, shall monitor the compliance of State franchisee(s) with respect to State and Federal customer service and protection standards. The City Manager, or his/her designee, shall provide the State franchisee(s) written notice of any material breaches of applicable customer service standards, and shall allow the State franchisee(s) thirty (30) days from the receipt of the notice to remedy the specified material breach. Material breaches not remedied within the thirty (30) day time period shall be subject to the following penalties by the City Manager, or his/her designee.

(1)

For the first occurrence of a violation, a fine of five hundred dollars ($500.00) shall be imposed for each day the violation remains in effect, not to exceed one thousand five hundred dollars ($1,500.00) for each violation.

(2)

For a second violation of the same nature within twelve (12) months, a fine of one thousand dollars ($1,000.00) shall be imposed for each day the violation remains in effect, not to exceed three thousand dollars ($3,000.00) for each violation.

(c)

A State franchisee may appeal a penalty assessed to the City Council within sixty (60) days. After relevant speakers are heard, and any necessary staff reports are submitted, the City Council will vote to either uphold or vacate the penalty. The City Council's decision on the imposition of a penalty shall be final.

(Ord. 205 § 1(1.03), 2007)

(a)

Applicants for State franchises within the boundaries of the City of Twentynine Palms must concurrently provide complete copies to the City of any application or amendments to applications filed with the PUC. One (1) complete copy must be provided to the City Clerk, and one (1) complete copy to the City Manager.

(b)

The City Manager shall provide any appropriate comments to the PUC regarding an application or an amendment to an application for a State franchise.

(Ord. 205 § 1(1.04), 2007)

"Cannabis" shall mean all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. The term "cannabis" also means the separated resin, whether crude or purified, obtained from marijuana. The term "cannabis" also means "marijuana" as defined by Section 11018 of the California Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972. The term "cannabis" shall also have the same meaning as set forth in Section 19300.5(f) of the California Business and Professions Code, as may be amended from time to time. The term "cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this chapter, The term "cannabis" does not mean "industrial hemp" as defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code.

"Caregiver" or "Primary Caregiver" shall have the same meaning as set forth in Section 11362.7 of the California Health and Safety Code, as may be amended from time to time.

"Commercial Cannabis Activity" shall have the same meaning as set forth in Section 19300.5(k) of the California Business and Professions Code, as may be amended from time to time.

"Cooperative" shall mean two (2) or more persons collectively or cooperatively cultivating, using, transporting, possessing, administering, delivering, or making available marijuana, with or without cultivation.

"Cultivation" or "Cultivate" shall have the same meaning as set forth in Section 19300.5(l) of the California Business and Professions Code, as may be amended from time to time.

"Delivery" shall have the same meaning as set forth in Section 19300.5(m) of the California Business and Professions Code, as may be amended from time to time.

"Dispensary" shall have the same meaning set forth in Section 19300.5(n) of the California Business and Professions Code, as may be amended from time to time. For purposes of this Chapter, The term "dispensary" shall also include a cooperative. The term "dispensary" shall not include the following uses:

(1)

A clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety Code;

(2)

A health care facility licensed pursuant to Chapter 2 of Division 2 of the California Health and Safety Code;

(3)

A residential care facility for persons with chronic life threatening illnesses licensed pursuant to Chapter 3.01 of Division 2 of the California Health and Safety Code;

(4)

A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California Health and Safety Code;

(5)

A residential hospice or home health agency licensed pursuant to Chapter 8 of Division 2 of the California Health and Safety Code.

"Medical Cannabis" or "Cannabis" shall have the same meaning as set forth in Section 19300.5(ag) of the California Business and Professions Code, as may be amended from time to time.

"Medical Marijuana Regulation and Safety Act" or "MMRSA" shall mean and refer to the following three (3) bills signed into law on October 9, 2015, as the same may be amended from time to time: AB 243, AB 266, SB 643.

"Qualifying Patient" or "Qualified Patient" shall have the same meaning as set forth in Section 11362.7 of the California Health and Safety Code, as may be amended from time to time.

(Ord. No. 271, § 3, 1-19-2016)

All cannabis related uses, including, but not limited to, dispensaries, deliveries, cultivation and all other commercial cannabis activities for which a state license is required under the MMRSA, are prohibited in all zones throughout the City. Accordingly, the City shall not issue any permit, or process any license or other entitlement for any cannabis related use or any other activity for which a state license is required under the MMRSA.

(a)

Cannabis Related Uses. All cannabis related uses, including, but not limited to, cultivation, dispensaries, and deliveries are prohibited in all zones and all specific plan areas in the City, regardless of whether the cannabis is used for medicinal purposes or whether such uses qualify as commercial cannabis activities under the MMRSA. No person shall establish, operate, conduct, permit or allow any cannabis related use anywhere within the City.

(b)

Medical Cannabis Uses. All medical cannabis related uses, including cultivation, dispensaries, and deliveries are expressly prohibited in all zones and all specific plan areas in the City, regardless of whether such uses qualify as commercial cannabis activities under the MMRSA. No person shall establish, operate, conduct, permit or allow any medical cannabis related land use anywhere within the City.

(c)

Commercial Cannabis Activities. All commercial cannabis activities, including, but not limited to, cooperatives, dispensaries, cultivation, and deliveries, are expressly prohibited in all zones and all specific plan areas in the City. No person shall establish, operate, conduct, permit or allow a commercial cannabis activity anywhere within the City.

(d)

Cannabis Deliveries. All deliveries of cannabis and medical cannabis are expressly prohibited in the City. No person shall conduct any deliveries of cannabis or medical cannabis that either originate or terminate at any location within the City.

(e)

Cannabis Cultivation. The cultivation of cannabis, regardless of whether for commercial or non-commercial purposes, and including cultivation by a qualified patient or primary caregiver is expressly prohibited in all zones and all specific plan areas in the City. No person, including, but not limited to, a qualified patient or primary caregiver, shall cultivate any amount of cannabis in the City, regardless of whether or not the cannabis is intended to be used for medical purposes.

(Ord. No. 271, § 3, 1-19-2016)

Any use or condition caused, or permitted to exist, in violation of any provision of this Chapter shall be, and is hereby declared to be, a public nuisance and may be summarily abated by the City pursuant to Section 731 of the California Code of Civil Procedure or any other remedy available at law.

(Ord. No. 271, § 3, 1-19-2016)

In addition to any other enforcement permitted by the Twentynine Palms Municipal Code, the City Attorney may bring a civil action for injunctive relief and civil penalties against any person who violates any provision of this Chapter. In any civil action that is brought pursuant to this Chapter, a court of competent jurisdiction may award civil penalties and costs to the prevailing party.

(Ord. No. 271, § 3, 1-19-2016)

The prohibitions and provisions In this Chapter are cumulative to any and all other prohibitions and regulations in the Twentynine Palms Municipal Code concerning cannabis, medical cannabis, marijuana, and medical marijuana dispensary or facilities, including, but not limited to, the City's ban on marijuana related uses via its express and permissive zoning regulations and the applicable definitions in the Municipal and Development Codes. Nothing in this Chapter supersedes or shaft be construed to conflict with any other prohibitions or regulations in the Twentynine Palms Municipal or Development Codes.

(Ord. No. 271, § 3, 1-19-2016)