HomeMy WebLinkAbout2009-07-21; City Council; 19905; Business license complianceCITY OF CARLSBAD - AGENDA BILL 8
AB# 19,905
MTG. 07/21/09
DEPT. Clerk
AMENDMENT TO CARLSBAD MUNICIPAL CODE
REGARDING BUSINESS LICENSE COMPLIANCE
WITH FEDERAL STATE AND LOCAL LAWS AND
ORDINANCES
DEPT. HEAD *J£)
CITY ATTY. 3
CITY MGR.
RECOMMENDED ACTION:
Adopt Ordinance No. CS-043 adding Section 5.04.160 to the Carlsbad Municipal Code to
preclude the City from knowingly issuing a business license for any enterprise or purpose that
is contrary to federal, state or local laws and ordinances.
ITEM EXPLANATION:
Ordinance No. CS-043 was introduced and first read at the City Council meeting held on July
14, 2009. The second reading allows the City Council to adopt the ordinance which will
become effective in thirty (30) days. The City Clerk will have the ordinance published within
fifteen days, if adopted.
FISCAL IMPACT:
See Agenda Bill No. 19,895 on file in the Office of the City Clerk.
EXHIBITS:
1. Ordinance No. CS-043.
DEPARTMENT CONTACT: Sheila R. Cobian (760) 434-2927,
sheila.cobian@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED 8f
DENIED D
CONTINUED D
WITHDRAWN D
AMENDED D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES D
EXHIBIT 1
ORDINANCE NO. CS-043
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, ADDING SECTION 5.04.160
TO CHAPTER 5.04 TO THE CARLSBAD MUNICIPAL CODE
WHEREAS, the Carlsbad City Council concurs that it is necessary to add
5 Section 5.014.160 to Chapter 5.04 of the Carlsbad Municipal Code establishing a
6 requirement that a business licensed to operate in the City of Carlsbad must comply
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with all local, state and federal laws; and
WHEREAS, the City of Carlsbad will not knowingly issue a business license
9 for any enterprise or purpose that is contrary to federal, state or local laws or
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ordinances; and
WHEREAS, California Government Code section 37100 provides that a
legislative body of a city may enact ordinances that are "not in conflict with the
Constitution and laws of the State or the United States."
THEREFORE, the City Council of the City of Carlsbad, California, does ordain
as follows:
SECTION 1: That Chapter 5.04 of the Carlsbad Municipal Code is amended by the
addition of Section 5.04.160 to read as follows:
Chapter 5.04 LICENSING BUSINESS GENERALLY
Sections:
5.04.010 Definitions.
5.04.020 License required.
5.04.025 Temporary amnesty period.
5.04.030 Violations.
5.04.040 License nontransferable except for changed location.
5.04.050 Duplicate licenses.
5.04.060 Separate license for each place of business.
5.04.070 Posting and display of license.
5.04.080 Exemptions.
5.04.085 Constitutional apportionment.
5.04.090 Appeals to council.
5.04.100 Unlawful operation or nuisance.
5.04.110 Vested rights.
5.04.120 Refusal to issue to hazardous businesses-Appeal.
5.04.130 Adjustments.
5.04.140 Permits or franchises in lieu of prescribed licenses.
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EXHIBIT 1
5.04.150 Administration.
5.04.160 Businesses, operations or uses contravening state or federal law.
5.04.160 Businesses, operations or uses contravening state or federal law.
Notwithstanding any provision in this Code to the contrary, any business,
operation or use that cannot be conducted or carried out without being in violation
of state or federal law shall be prohibited in all planning areas, districts, or zones
within the city.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption; and the city clerk shall certify the adoption of this ordinance and cause it to
be published at least once in a newspaper of general circulation in the City of
Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 14th day of July . 2009, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Carlsbad on the 21st day of July. 2009, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
» CP^^T,
RONAtD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
/LORRAINE M