3 4
4 9
3 5
Section 6.Authorization to Publish Ordinance. The Mayor shall sign this Ordinance and the City Clerk shall attest thereto and shall, within fifteen (15) days of its adoption, cause it or a summary of it to be published at least once in a newspaper of general circulation published and circulated in the City and the CFD No. 2017-1.
Section 7. Effective Date. This Ordinance shall take effect and shall be in force thirty (30) days after the date of its adoption, at which time Revised Exhibit B will replace Exhibit B of Ordinance No. 2017-231 and Section 2 of Ordinance No. 2017-231 will be amended as described herein.
PASSED AND ADOPTED by the City Council of the City of Menifee at a regular meeting held on ____ day of _____________ 2022 by the following vote:
ATTEST: APPROVED:
Stephanie Roseen, Acting City Clerk Bill Zimmerman, Mayor APPROVED AS TO FORM:
Jeffrey T. Melching, City Attorney
Item Title: 11.2
Annexation No. 7 to Community Facilities District 2017-1 (Maintenance Services), Enclave by RCFC Investments, LLC Item Page Number: 39
Menifee Mayor and City Council May 18, 2022
EXHIBIT A
DESCRIPTION OF SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2017-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (and may include reserves for replacement) in public street right-of- ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services include the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities.
Maintenance services may include, but are not limited to, the repair, removal or replacement of all or part of any of the water quality improvements; fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff or appurtenant facilities; clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing, or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2017-1; as well as local roads within residential subdivisions located within CFD No. 2017- 1; and any portions adjacent to the properties within CFD No. 2017-1.
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this Resolution of Intention.
The above services shall be limited to those provided within the boundaries of CFD No. 2017-1 or for the benefit of the properties within the boundaries of CFD No. 2017-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2017-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2017-1 before CFD No. 2017-1 was created.
Item Title: 11.2
Annexation No. 7 to Community Facilities District 2017-1 (Maintenance Services), Enclave by RCFC Investments, LLC Item Page Number: 40
Menifee Mayor and City Council May 18, 2022
REVISED EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2022-23
(Effective as of June 1, 2022)
ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor's Parcel Numbers
Stark Menifee Land, LLC
Stark Menifee Land, LLC & Menifee
Multifamily, LLC Original Formation
Several
See Next Page
1 MLC Holdings 360-210-001
2 Woodside O5S See Next Page
3 To Be Determined
4 Lennar Homes of California, Inc. See Next Page
5 Forester Real Estate Group Inc. 372-040-043, -044
6 Meritage Homes of California, Inc. 372-160-006, -007, -008, -013 and 372-190-003
7 RCFC Investments, LLC 339-020-004, -005, -006, -007, -008, -040, -041, -042, -043 and 339-030-022
8 Pulte Home Company, LLC and
Diamond Brother Five Partnership, LP 340-050-034 and 340-050-032 9 D.R.Horton Los Angeles Holding
Company, Inc. See Next Page
10 To Be Determined
11 To Be Determined
12 BLC Fleming, LLC 333-020-011 and 333-020-019
Item Title: 11.2
Annexation No. 7 to Community Facilities District 2017-1 (Maintenance Services), Enclave by RCFC Investments, LLC Item Page Number: 41
Menifee Mayor and City Council May 18, 2022
REVISED EXHIBIT B (cont.)
COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES)
ORIGINAL FORMATION
ASSESSOR'S PARCEL NUMBERS
APN APN APN APN APN
360850024 360861031 360862008 360862050 360870030
360850029 360861032 360862009 360862051 360870031
360850030 360861033 360862010 360862052 360870032
360850031 360861034 360862011 360862053 360870033
360850032 360861035 360862012 360862054 360870034
360860001 360861036 360862013 360862055 360870035
360860017 360861038 360862014 360862056 360870036
360860026 360861039 360862016 360862057 360870037
360860027 360861040 360862017 360862058 360870038
360860028 360861041 360862018 360862059 360870039
360860041 360861042 360862019 360870001 360870040
360861001 360861043 360862020 360870002 360870041
360861002 360861044 360862021 360870003 360870042
360861003 360861045 360862022 360870004 360870043
360861004 360861046 360862023 360870005 360870044
360861005 360861047 360862024 360870006 360870045
360861006 360861048 360862025 360870007 360870046
360861007 360861049 360862026 360870008 360870047
360861008 360861050 360862027 360870009 360870048
360861009 360861051 360862028 360870010 360870049
360861010 360861053 360862029 360870011 360870050
360861012 360861054 360862031 360870012 360870051
360861013 360861055 360862032 360870013 360870052
360861014 360861056 360862033 360870014 360870053
360861015 360861057 360862034 360870015 360870054
360861016 360861058 360862035 360870016 360870055
360861017 360861059 360862036 360870017 360870056
360861018 360861060 360862037 360870018 360870057
360861019 360861061 360862038 360870019 360870058
360861020 360861062 360862039 360870020 360870059
360861021 360861063 360862040 360870021 360870060
360861022 360861064 360862041 360870022 360870061
360861023 360862001 360862042 360870023 360870062
360861025 360862002 360862043 360870024 360870063
360861026 360862003 360862044 360870025 360870064
Item Title: 11.2
Annexation No. 7 to Community Facilities District 2017-1 (Maintenance Services), Enclave by RCFC Investments, LLC Item Page Number: 42
Menifee Mayor and City Council May 18, 2022
APN APN APN APN APN
360861027 360862004 360862046 360870026 360870065
360861028 360862005 360862047 360870027 360870066
360861029 360862006 360862048 360870028 360880001
360861030 360862007 360862049 360870029 360880002
360880003 360880042 360971003 360972002 360980014
360880004 360880043 360971004 360972003 360980015
360880005 360880044 360971005 360972004 360980016
360880006 360880045 360971006 360972005 360980017
360880007 360880046 360971007 360972006 360980018
360880008 360880047 360971008 360973001 360980019
360880009 360880048 360971009 360973002 360980020
360880010 360880049 360971010 360973003 360980021
360880011 360880050 360971011 360973004 360980022
360880012 360880051 360971012 360973005 360980023
360880013 360880052 360971013 360973006 360980024
360880014 360880053 360971014 360973007 360980025
360880015 360880054 360971015 360973008 360980026
360880016 360880055 360971016 360973009 360980027
360880017 360880056 360971017 360973010 360980028
360880018 360880057 360971018 360973011 360980029
360880019 360880058 360971019 360973012 360980030
360880020 360880059 360971020 360974001 360980031
360880021 360970001 360971021 360974002 360980032
360880022 360970002 360971022 360974003 360980033
360880023 360970003 360971023 360974004 360980034
360880024 360970004 360971024 360974005 360980035
360880025 360970005 360971025 360974006 360980036
360880026 360970006 360971026 360974007 360980037
360880027 360970007 360971027 360974008 360980038
360880028 360970008 360971028 360974009 360981001
360880029 360970009 360971029 360980001 360981002
360880030 360970010 360971030 360980002 360981003
360880031 360970011 360971031 360980003 360981004
360880032 360970012 360971032 360980004 360982001
360880033 360970013 360971033 360980005 360982002
360880034 360970014 360971034 360980006 360982003
360880035 360970015 360971035 360980007 360982004
360880036 360970016 360971036 360980008 360982005
360880037 360970017 360971037 360980009 360982006
Item Title: 11.2
Annexation No. 7 to Community Facilities District 2017-1 (Maintenance Services), Enclave by RCFC Investments, LLC Item Page Number: 43
Menifee Mayor and City Council May 18, 2022
APN APN APN APN APN
360880038 360970018 360971038 360980010 360982007
360880039 360970019 360971039 360980011 360982008
360880040 360971001 360971040 360980012 360982009
360880041 360971002 360972001 360980013 360982010
360982011 364411001 364420019 364422018 364430013
360982012 364411002 364420020 364422019 364430014
360983001 364411003 364420021 364422020 364430015
360983002 364411004 364420022 364422021 364430016
360983003 364411005 364420023 364422022 364431001
360983004 364411006 364420024 364423001 364431002
360983005 364411007 364421001 364423002 364431003
360983006 364411008 364421002 364423003 364431004
360983007 364411009 364421003 364423004 364431005
360983008 364411010 364421004 364423005 364431006
360983009 364411011 364421005 364423006 364431007
360983010 364411012 364421006 364423007 364431008
360983011 364411013 364421007 364423008 364431009
360983012 364411014 364421008 364423009 364431010
364410001 364411015 364421009 364423010 364431011
364410002 364411016 364421010 364423011 364431012
364410003 364411017 364421011 364424001 364431013
364410004 364411018 364422001 364424002 364431014
364410005 364420003 364422002 364424003 364431015
364410006 364420004 364422003 364424004 364431016
364410007 364420005 364422004 364424005 364431017
364410008 364420006 364422005 364424006 364432001
364410009 364420007 364422006 364430001 364432002
364410010 364420008 364422007 364430002 364432003
364410011 364420009 364422008 364430003 364432004
364410012 364420010 364422009 364430004 364432005
364410013 364420011 364422010 364430005 364432006
364410014 364420012 364422011 364430006 364432007
364410015 364420013 364422012 364430007 364432008
364410016 364420014 364422013 364430008 364433001
364410017 364420015 364422014 364430009 364433002
364410018 364420016 364422015 364430010 364433003
364410019 364420017 364422016 364430011 364433004
364410020 364420018 364422017 364430012
Item Title: 11.2
Annexation No. 7 to Community Facilities District 2017-1 (Maintenance Services), Enclave by RCFC Investments, LLC Item Page Number: 44
Menifee Mayor and City Council May 18, 2022
ANNEXATION NO. 2
ASSESSOR'S PARCEL NUMBERS
Assessor's Parcel Numbers
339020039 339362020 339362021 339362022 339362023 339362024 339362025 339362026 339362027 339500001 339500002 339500003 339500004 339500005 339500006 339500007 339500008 339500009 339500010 339500011 339500012 339500013 339500014 339500015 339500016 339500017 339500018 339500019 339500020 339500021 339500022 339500023 339500024 339500025 339500026 339500027 339500028 339501001 339501002 339501003 339501004 339501005 339502001 339502002 339502003 339502004 339502005 339502006 339510001 339510002 339510003 339510004 339510005 339510006 339510007 339510008 339510009 339510010 339510011 339510012 339511001 339511002 339511003 339511004 339511005 339511006 339511007 339511008 339511009 339511010 339511011 339511012 339511013 339511014 339511015 339511016 339511017 339511018 339511019 339511020 339511021 339511022 339511023 339511024 339511025 339511026 339511027 339511028 339511029 339511030 339511031 339512001 339512002 339512003 339512004 339512005 339512006 339512007 339512008 339512009 339512010 339512011 339512012 339512013 339512014 339520001 339520002 339520003 339520004 339520005 339520006 339520007 339520008 339520009 339520010 339520011 339520012 339520013 339520014 339520015 339520016 339520017 339520018 339520019 339521001 339521002 339521003 339521004 339521005 339521006 339521007 339521008 339521009 339521010 339521011 339521012 339522001 339522002 339522003 339522004 339522005 339522006 339522007 339522008 339522009 339522010 339522011 339522012 339522013 339522014 339522015 339522016 339522017 339522018 339522019 339522020 339522021 339522022 339522023 339522024 339522025 339522026 339522027 339522028 339522029
ANNEXATION NO. 4
ASSESSOR'S PARCEL NUMBERS
Assessor's Parcel Numbers
333070069 333070070 333070071 333070075 333070080 333070081 333070082 ANNEXATION NO. 9
ASSESSOR'S PARCEL NUMBERS
Assessor's Parcel Numbers
331080005 331080006 331080007 331080008 331080009 331080010 331080011 331080012 331080018 331080019 331080020 331080021 331080024 331080025 331080027 331080028 Item Title: 11.2
Annexation No. 7 to Community Facilities District 2017-1 (Maintenance Services), Enclave by RCFC Investments, LLC Item Page Number: 45
Menifee Mayor and City Council May 18, 2022
Item Title: 11.2
Annexation No. 7 to Community Facilities District 2017-1 (Maintenance Services), Enclave by RCFC Investments, LLC Item Page Number: 46
Menifee Mayor and City Council May 18, 2022
Item Title: 11.2
Annexation No. 7 to Community Facilities District 2017-1 (Maintenance Services), Enclave by RCFC Investments, LLC Item Page Number: 47
Menifee Mayor and City Council May 18, 2022
LEGAL DESCRIPTION
Real property in the unincorporated area of the County of Riverside, State of California, described as follows:
TENTATIVE TRACT NO. 31456, BEING A SUBDIVISION OF THE FOLLOWING:
PARCEL A:
PARCEL A OF LOT LINE ADJUSTMENT NO. LLA 13-001 RECORDED MAY 16, 2013 AS INSTRUMENT NO. 2013-0233601 OF OFFICIAL RECORDS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING A PORTION OF THE NORTH HALF OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 3 WEST, S.B.M., IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION, SAID POINT ALSO BEING THE POINT OF BEGINNING;
THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID SECTION NORTH 89°06’50" EAST 922.38 FEET;
THENCE LEAVING SAID NORTHERLY LINE, SOUTH 29°31’37" EAST 753.55 FEET; THENCE SOUTH 00°26'49” WEST 292.86 FEET;
THENCE SOUTH 50°07’01" EAST 908.53 FEET;
THENCE SOUTH, 89°32'45" EAST 600.00 FEET TO A POINT ON THE WESTERLY LINE OF PARCEL 1, AS SHOWN BY PARCEL MAP ON TILE IN BOOK 215, PAGES 97 TO 99 INCLUSIVE OF PARCEL MAPS, COUNTY OF RIVERSIDE RECORDS, SAID POINT LYING 230.00 FEET SOUTH OF
THE SOUTHERLY RIGHT-OF—WAY OF VERONICA LANE, DEDICATED TO PUBLIC USE BY INSTRUMENT NUMBER 2004-0512897, RECORDED JULY 1, 2004, COUNTY OF RIVERSIDE, OFFICIAL RECORDS;
THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL 1, SOUTH 00°20'03” WEST 1102.08 FEET TO THE CENTER OF SAID SECTION;
THENCE WESTERLY ALONG THE CENTER LINE OF SAID SECTION, SOUTH 89°53’53” WEST 2607.83 FEET TO THE WEST QUARTER CORNER OF SAID SECTION;
THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID SECTION LINE, NORTH 00°33’41" EAST 2628.41 FEET TO THE POINT OF BEGINNING;
EXCEPTING THAT PORTION DESCRIBED AS FOLLOWS:
WEST ½ OF SOUTH ½ OF NORTH TWO-FIFTHS OF SOUTH ½ OF SOUTHWEST ¼ OF SOUTH ¼ OF EAST ½ OF WEST ½ OF NORTHWEST ¼ OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 3
WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID
LAND, AND
Item Title: 11.2
Annexation No. 7 to Community Facilities District 2017-1 (Maintenance Services), Enclave by RCFC Investments, LLC Item Page Number: 48
Menifee Mayor and City Council May 18, 2022
LEGAL DESCRIPTION
THE EAST ½ OF THE NORTH ½ OF THE SOUTH TWO-FIFTHS OF THE SOUTH ½ OF THE NORTHEAST ¼ OF THE SOUTH ½ OF THE EAST ½ OF THE WEST ½ OF NORTHWEST ¼ OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN,
ACCORDING TO THE OFFICIAL PLAT OF SAID LAND, AND
THE EAST ½ OF THE WEST ½ OF THE SOUTH ½ OF THE NORTH TWO FIFTHS OF THE SOUTH ½ OF THE SOUTHWEST ¼ OF THE EAST ½ OF THE NORTHWEST ¼ OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE
OFFICIAL PLAT OF SAID LAND, AND
THE WEST ½ OF THE SOUTH ONE-FIFTH OF THE SOUTH ½ OF THE SOUTHEAST ¼ OF THE SOUTH ½ OF THE WEST ½ OF THE NORTHWEST ¼ OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICAL PLAT
OF SAID LAND, AND
THE EAST ½ OF THE SOUTH ½ OF THE NORTH TWO FIFTHS OF THE NORTH ½ OF THE SOUTHWEST ¼ OF THE SOUTH ½ OF THE EAST ½ OF THE WEST ½ OF THE NORTHWEST ¼, SECTION 29, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN,
ACCORDING TO THE OFFICIAL PLAT OF SAID LAND, AND
A THE EAST ½ OF THE SOUTH ONE-THIRD OF THE NORTH THREE-FIFTHS OF THE NORTH ½ OF THE SOUTHEAST ¼ OF THE NORTH ½ OF THE WEST ½ OF THE NORTHWEST ¼ OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASS AND MERIDIAN,
ACCORDING
TO THE OFFICIAL PLAT OF SAID LAND.
PARCEL A1:
WEST ½ OF SOUTH ½ OF NORTH TWO-FIFTHS OF SOUTH ½ OF SOUTHWEST ¼ OF SOUTH ¼ OF EAST ½ OF WEST ½ OF NORTHWEST ¼ OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 3
WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND.
PARCEL A2:
THE EAST ½ OF THE NORTH ½ OF THE SOUTH TWO-FIFTHS OF THE SOUTH ½ OF THE NORTHEAST ¼ OF THE SOUTH ½ OF THE EAST ½ OF THE WEST ½ OF NORTHWEST ¼ OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND.
PARCEL A3:
THE EAST ½ OF THE WEST ½ OF THE SOUTH ½ OF THE NORTH TWO FIFTHS OF THE SOUTH ½ OF THE SOUTHWEST ¼ OF THE EAST ½ OF THE NORTHWEST ¼ OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN.
PARCEL A4:
THE SOUTH ONE-FIFTH OF THE WEST ½ OF THE SOUTHWEST ¼ OF THE SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 3 Item Title: 11.2
Annexation No. 7 to Community Facilities District 2017-1 (Maintenance Services), Enclave by RCFC Investments, LLC Item Page Number: 49
Menifee Mayor and City Council May 18, 2022
LEGAL DESCRIPTION
WEST, SBBM.
PARCEL A5:
THE EAST ½ OF THE SOUTH ½ OF THE NORTH TWO FIFTHS OF THE NORTH ½ OF THE SOUTHWEST ¼ OF THE SOUTH ½ OF THE EAST ½ OF THE WEST ½ OF THE NORTHWEST ¼, SECTION 29, TOWNSHIP 5 SOUTH, RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND.
PARCEL B:
PARCEL B OF LOT LINE ADJUSTMENT NO. LLA 13-001 RECORDED MAY 16, 2013 AS INSTRUMENT NO. 2013-0233601 OF OFFICIAL RECORDS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEING A PORTION OF THE NORTH HALF OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 3 WEST, S.B.M., IN THE CITY OF MENIFEE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION, SAID POINT ALSO BEING THE POINT OF BEGINNING;
THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID SECTION, NORTH 89°06'50" EAST 922.38 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG THE NORTHERLY LINE OF SAID SECTION, NORTH 89°06'50" EAST 1675.54 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION;
THENCE SOUTHERLY SOUTH 00°20‘003"WEST 1561.79 FEET TO A POINT ON THE WESTERLY LINE OF PARCEL 1, AS SHOWN BY PARCEL MAP ON FILE IN BOOK 215, PAGES 97 TO 99 INCLUSIVE OF PARCEL MAPS, COUNTY OF RIVERSIDE RECORDS, SAID POINT LYING 230.00
FEET SOUTH OF THE SOUTHERLY RIGHT-OF-WAY OF VERONICA LANE, DEDICATED TO PUBLIC USE BY INSTRUMENT NUMBER 2004-0512897, RECORDED JULY 1, 2004, COUNTY OF RIVERSIDE, OFFICIAL RECORDS;
THENCE NORTH 89°32’45" WEST 600.00 FEET
THENCE NORTH 50°07'01” WEST 908.53 FEET;
THENCE 00°26'49" EAST 292.86 FEET:
THENCE NORTH 29°31’37" WEST 753.55 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL C:
PARCEL 2 AND LETTERED LOT "A" OF PARCEL MAP 31672, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 215, PAGES 97 THROUGH 99, INCLUSIVE OF PARCEL MAPS, INSTRUMENT NO. 2006-0080518 AND RECORDED FEBRUARY 1, 2006 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT 52 PERCENT OF THE OIL AND MINERAL RIGHTS, IN, ON AND UNDER SAID LAND
WITHOUT ANY RIGHT TO INGRESS AND EGRESS OR TO ENTER UPON THE SURFACE OF SAID Item Title: 11.2
Annexation No. 7 to Community Facilities District 2017-1 (Maintenance Services), Enclave by RCFC Investments, LLC Item Page Number: 50
Menifee Mayor and City Council May 18, 2022
LEGAL DESCRIPTION
LAND FOR THE PURPOSES OF TAKING OR MINING ANY OF SUCH RESERVED OIL OR MINERALS AS RESERVED IN THE DEED FROM GEORGE D. NEWPORT AND DOROTHEA K. NEWPORT, HUSBAND AND WIFE, RECORDED NOVEMBER 29, 1957 IN BOOK 2185, PAGE 189 OF OFFICIAL RECORDS.
APN: 339-020-002-9 and 339-020-003-0 and 339-020-004-1 and 339-020-005-2 and 339-020- 006-3 and 339-020-007-4 and 339-020-008-5 and 339-030-002-0 Item Title: 11.2
Annexation No. 7 to Community Facilities District 2017-1 (Maintenance Services), Enclave by RCFC Investments, LLC Item Page Number: 51
Menifee Mayor and City Council May 18, 2022
Item Title: 11.2 Annexation No. 7 to Community Facilities District 2017-1 (Maintenance Services), Enclave by RCFC Investments, LLC Item Page Number: 52
Menifee Mayor and City Council May 18, 2022 Page 533 of 610
CITY OF MENIFEE
SUBJECT: Tax-Exempt Revenue Bonds by the California Municipal Finance Authority for the Santa Rosa Academy
MEETING DATE: May 18, 2022
TO: Mayor and City Council
PREPARED BY: Stephanie Roseen, Acting City Clerk
REVIEWED BY: Stephanie Roseen, Acting City Clerk
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Conduct a public hearing under the requirements of the Tax and Equity Fiscal Responsibility Act (TEFRA) and the Internal Revenue Code of 1986, as amended; and
2. Adopt a Resolution, repealing Resolution No. 22-1137 and approving the issuance of the bonds by the California Municipal Finance Authority (CMFA) for the benefit of Santa Rosa Academy, Incorporated, to provide for the financing of the Project, such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and the California Government Code Section 6500.
DISCUSSION
On April 6, 2022 the City Council held a public hearing and adopted Resolution No. 22-1137. It was determined that after the City Council meeting the public hearing was not noticed in the Press Enterprise as required, and therefore another public hearing must be held. There is no change to Santa Rosa Academy’s initial request.
This report was prepared by and the public notice was published by the Menifee City Clerk on behalf of the Santa Rosa Academy to satisfy the public hearing requirement.
Background
Santa Rosa Academy, Incorporated (the “Borrower”) has requested that the CMFA serve as the municipal issuer of the bonds in an aggregate principal amount not-to-exceed $60,000,000 of tax- exempt revenue bonds. The proceeds of the Bonds would be used to finance, refinance, or reimburse the Borrower for the cost of the acquisition, construction, improvement, renovation and equipping of certain public charter school facilities located at 27587 La Piedra Road.
Item Title: 11.3
Tax-Exempt Revenue Bonds by the California Municipal Finance Authority for the Santa Rosa Academy Item Page Number: 1
Menifee Mayor and City Council May 18, 2022
City of Menifee Staff Report
Financing for the Santa Rosa Academy
May 18, 2022
1 0
0 8
In order for all or a portion of the bonds to qualify as tax-exempt bonds, the City of Menifee must conduct a public hearing (the “TEFRA Hearing”) providing for the members of the community an opportunity to speak in favor of or against the use of tax-exempt bonds for the financing of the Project. Prior to such TEFRA Hearing, reasonable notice must be provided to the members of the community. Following the close of the TEFRA Hearing, an “applicable elected representative” of the governmental unit hosting the Project must provide its approval of the issuance of the Bonds for the financing of the Project.
California Municipal Finance Authority
The CMFA was created on January 1, 2004 pursuant to a joint exercise of powers agreement to promote economic, cultural and community development, through the financing of economic development and charitable activities throughout California. To date, over 330 municipalities, including the City of Menifee, have become members of CMFA. The agreement is attached for reference.
The CMFA was formed to assist local governments, non-profit organizations, and businesses with the issuance of taxable and tax-exempt bonds aimed at improving the standard of living in California. The CMFA’s representatives and its Board of Directors have considerable experience in bond financings.
The Joint Exercise of Powers Agreement provides that the CMFA is a public entity, separate and apart from each member executing such agreement. The debts, liabilities, and obligations of the CMFA do not constitute debts, liabilities or obligations of the members executing such agreement.
There are no costs associated with membership in the CMFA and the City would in no way become exposed to any financial liability by reason of its membership in the CMFA. In addition, participation by the City in the CMFA would not impact the City’s appropriations limits and would not constitute any type of indebtedness by the City. Outside of holding the TEFRA hearing and adopting the required resolution, no other participation or activity of the City or the City Council with respect to the issuance of the bonds would be required.
FISCAL IMPACT
The Bonds to be issued by the CMFA for the Project would be the sole responsibility of the Borrower, and the City would have no financial, legal, moral obligation, liability or responsibility for the Project or the repayment of the Bonds for the financing of the Project. All financing documents with respect to the issuance of the Bonds would contain clear disclaimers that the Bonds are not obligations of the City or the State of California but are to be paid for solely from funds provided by the Borrower.
The Board of Directors of the California Foundation for Stronger Communities, a California non- profit public benefit corporation (the “Foundation”), acts as the Board of Directors for the CMFA.
Through its conduit issuance activities, the CMFA shares a portion of the issuance fees it receives with its member communities and donates a portion of these issuance fees to the Foundation for the support of local charities.
Item Title: 11.3
Tax-Exempt Revenue Bonds by the California Municipal Finance Authority for the Santa Rosa Academy Item Page Number: 2
Menifee Mayor and City Council May 18, 2022
City of Menifee Staff Report
Financing for the Santa Rosa Academy
May 18, 2022
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0 8
With respect to the City of Menifee, it is expected that a portion, approximately 25%, of the issuance fee attributable to the City would be granted by the CMFA to the general fund of the City. Such grant may be used for any lawful purpose of the City.
ATTACHMENTS
1. Notice of Public Hearing
2. Resolution
3. 2004 Agreement – California Municipal Finance Authority Item Title: 11.3
Tax-Exempt Revenue Bonds by the California Municipal Finance Authority for the Santa Rosa Academy Item Page Number: 3
Menifee Mayor and City Council May 18, 2022
1825 Chicago Ave, Suite 100
Riverside, CA 92507
951-684-1200
951-368-9018 FAX
MENIFEE, CITY OF
29844 HAUN ROAD
MENIFEE, CA 92586
05/08/2022
I am a citizen of the United States. I am over the age of eighteen years and not a party to or interested in the above entitled matter. I am an authorized representative of THE PRESS-ENTERPRISE, a newspaper in general circulation, printed and published daily in the County of Riverside, and which newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of Riverside, State of California, under date of April 25, 1952, Case Number 54446, under date of March 29, 1957, Case Number 65673, under date of August 25, 1995, Case Number 267864, and under date of September 16, 2013, Case Number RIC 1309013; that the notice, of which the annexed is a printed copy, has been published in said newspaper in accordance with the instructions of the person(s) requesting publication, and not in any supplement thereof on the following dates, to wit:
PROOF OF PUBLICATION OF
Ad Desc.: TEFRA /
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
Date: May 08, 2022
At: Riverside, California
Ad Number: 0011534485-01
P.O. Number:
Publication(s): The Press-Enterprise
Ad Copy:
PROOF OF PUBLICATION
(2010, 2015.5 C.C.P)
Legal Advertising Representative, The Press-Enterprise
#BM_T ag::2||5209843||-||1||0;0;0#
Item Title: 11.3
Tax-Exempt Revenue Bonds by the California Municipal Finance Authority for the Santa Rosa Academy Item Page Number: 4
Menifee Mayor and City Council May 18, 2022
RESOLUTION NO. 22-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE REPLEALING RESOLUTION NO. 22-1137 AND APPROVING THE ISSUANCE
OF REVENUE BONDS BY THE AUTHORITY FOR THE PURPOSE OF
FINANCING OR REFINANCING THE ACQUISITION, CONSTRUCTION,
IMPROVEMENT, RENOVATION AND EQUIPPING OF CERTAIN PUBLIC
CHARTER SCHOOL FACILITIES FOR THE BENEFIT OF SANTA ROSA
ACADEMY, LLC AND SANTA ROSA ACADEMY, INCORPORATED
WHEREAS, pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the “Act”), certain public agencies (the “Members”) have entered into a Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”) in order to form the California Municipal Finance Authority (the “Authority”), for the purpose of promoting economic, cultural and community development, and in order to exercise any powers common to the Members, including the issuance of bonds, notes or other evidences of indebtedness; and
WHEREAS, the City of Menifee (the “City”) is a Member of the Authority; and WHEREAS, the Authority is authorized to issue and sell revenue bonds for the purpose, among others, of financing or refinancing the construction of capital projects; and WHEREAS, Santa Rosa Academy, Incorporated (the “Corporation”) has requested that the Authority issue and sell revenue bonds in the maximum principal amount of $60,000,000 (the “Bonds”) for the purpose of making a loan to Santa Rosa Academy, LLC (or an affiliate thereof) (the “Borrower”), to enable the Borrower to (1) finance, refinance or reimburse the Borrower for the cost of the acquisition, construction, improvement, renovation and equipping of certain public charter school facilities located at 27587 La Piedra Road in the City of Menifee, California (the “Facilities”); (2) pay capitalized interest on the Bonds; (3) fund one or more reserve funds with respect to the Bonds and (4) pay certain expenses incurred in connection with the issuance of the Bonds (the “Project”); and
WHEREAS, in order for the interest on the Bonds to be tax-exempt, Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), requires that an “applicable elected representative” of the governmental unit, the geographic jurisdiction of which contains the site of facilities to be financed with the proceeds of the Bonds, hold a public hearing on the issuance of the Bonds and approve the issuance of the Bonds following such hearing; and WHEREAS, the Authority has determined that the City Council is an “applicable elected representative” for purposes of holding such hearing; and WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and, the requirements of Section 4 of the Agreement; and WHEREAS, notice of such public hearing has been duly given as required by the Code, and this City Council has heretofore held such public hearing at which all interested persons were given an opportunity to be heard on all matters relative to the financing or refinancing of the Project and the Authority’s issuance of the Bonds therefor; and Item Title: 11.3
Tax-Exempt Revenue Bonds by the California Municipal Finance Authority for the Santa Rosa Academy Item Page Number: 5
Menifee Mayor and City Council May 18, 2022
2 4868-5752-7308.2
WHEREAS, it is in the public interest and for the public benefit that the City Council approve the issuance of the Bonds by the Authority for the aforesaid purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, AS FOLLOWS:
Section 1. The foregoing resolutions are true and correct.
Section 2. The City Council hereby approves the issuance of the Bonds by the Authority. It is the purpose and intent of the City Council that this resolution constitutes approval of the plan of finance and of the issuance of the Bonds (a) by the “applicable elected representative” of the governmental unit having jurisdiction over the area in which the Project is located in accordance with Section 147(f) of the Code and; (b) by the City Council in accordance with Section 4 of the Agreement.
Section 3. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds.
Section 4. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, rehabilitation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein.
Section 5. The executing officers(s), the Clerk and all other proper officers and officials of the City are hereby authorized and directed to execute such other agreements, documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized.
Section 6. The Clerk shall forward a certified copy of this Resolution and an originally executed Agreement to the Authority in care of its counsel:
Ronald E. Lee, Esq.
Jones Hall, A Professional Law Corporation
650 California Street, 18th Floor
San Francisco, California 94108
Section 7. This resolution shall take effect immediately upon its passage.
Item Title: 11.3
Tax-Exempt Revenue Bonds by the California Municipal Finance Authority for the Santa Rosa Academy Item Page Number: 6
Menifee Mayor and City Council May 18, 2022
3 4868-5752-7308.2
PASSED, APPROVED and ADOPTED by the City Council of the City of Menifee at a regular meeting of the City Council held on the 18th day of May 2022. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Stephanie Roseen, Acting City Clerk Jeffrey T. Melching, City Attorney Item Title: 11.3
Tax-Exempt Revenue Bonds by the California Municipal Finance Authority for the Santa Rosa Academy Item Page Number: 7
Menifee Mayor and City Council May 18, 2022
SIGNATURE PAGE FOR JPA AGREEMENT
IN WITNESS WHEREOF, the CITY OF MENIFEE has caused this Agreement to be executed and attested by its Mayor as of the 6th day of April 2022.
Member:
CITY OF MENIFEE
By
Name: Bill Zimmerman
Title: Mayor
ATTEST:
__________________________________
Stephanie Roseen, Acting City Clerk
Item Title: 11.3
Tax-Exempt Revenue Bonds by the California Municipal Finance Authority for the Santa Rosa Academy Item Page Number: 8
Menifee Mayor and City Council May 18, 2022
JOINT EXERCISE OF POWERSAGREEMENT
RELATINGTOTHECALIFORNIAMUNICIPALFINANCEAUTHORITY
THIS AGREEMENT, dated as of January 1,
2004, amongthepartiesexecutingthis
Agreement (allsuchparties, exceptthosewhichhavewithdrawnasprovidedherein, arereferred toasthe "Members" andthosepartiesinitiallyexecutingthisAgreementarereferredtoastheInitial Members"):
WITNESSETH
WHEREAS, pursuanttoTitle1, Division7, Chapter5oftheCaliforniaGovernment Code (ineffectasofthedatehereofandasthesamemayfromtimetotimebeamendedorsupplemented, the " Joint Exercise of Powers Act"), two or morepublicagenciesmayby
agreementjointlyexerciseanypowercommontothecontractingparties; and WHEREAS, eachoftheMembersisa "publicagency" asthattermisdefinedinSection6500of theJointExerciseof PowersAct; and WHEREAS, eachoftheMembersisempoweredbylawtopromoteeconomic, cultural andcommunitydevelopment, including, withoutlimitation, thepromotionofopportunitiesfor thecreationorretentionofemployment, thestimulationofeconomicactivity, theincreaseofthe taxbase, andthepromotionofopportunitiesforeducation, culturalimprovementandpublichealth, safetyandgeneralwelfare; and WHEREAS, eachoftheMembersmayaccomplishthepurposesandobjectivesdescribedin the preceding preamble by various means, including through making grants, loans or providingotherfinancialassistancetogovernmentalandnonprofitorganizations; and WHEREAS, eachMemberisalsoempoweredbylawtoacquireanddisposeofrealpropertyfor apublicpurpose; and WHEREAS, theJointExerciseofPowersActauthorizestheMemberstocreateajointexerciseofpowersentitywiththeauthoritytoexerciseanypowerscommontotheMembers, asspecifiedinthisAgreementandtoexercisetheadditionalpowersgrantedtoit intheJointExerciseofPowersActandanyotherapplicableprovisionsofthelawsoftheStateofCalifornia;and WHEREAS, apublicentityestablishedpursuanttotheJointExerciseofPowersActis empoweredtoissueorexecutebonds, notes, commercialpaperoranyotherevidencesof indebtedness, includingleasesorinstallmentsaleagreementsorcertificatesofparticipationtherein ( herein " Bonds"), andto otherwiseundertakefinancingprogramsundertheJoint
ExerciseofPowersActorotherapplicableprovisionsofthelawsoftheStateofCaliforniatoaccomplish its public purposes; and Item Title: 11.3
Tax-Exempt Revenue Bonds by the California Municipal Finance Authority for the Santa Rosa Academy Item Page Number: 9
Menifee Mayor and City Council May 18, 2022
WHEREAS, theMembershavedeterminedtospecificallyauthorizeapublicentityauthorizedpursuanttotheJointExerciseofPowersActtoissueBondspursuanttotheJointExerciseofPowersActorotherapplicableprovisionsofthelawsoftheStateofCalifornia; and WHEREAS, itisthedesireoftheMemberstouseapublicentityestablishedpursuanttotheJointExerciseof'PowersActtoundertakethefinancingand/orrefinancingofprojectsofanynature, including, butnotlimitedto, capitalorworkingcapitalprojects, insurance, liabilityorretirementprogramsorfacilitatingMembersuseofexistingornewfinancialinstrumentsandmechanisms; and WHEREAS, itisfurthertheintentionoftheMembersthattheprojectsundertakenwillresultinsignificantpublicbenefitstotheinhabitantsofthejurisdictionsoftheMembers; and WHEREAS, by this Agreement, eachMember desiresto createand establishthe CaliforniaMunicipalFinanceAuthority" forthepurposessetforthhereinandtoexercisethepowers provided herein; NOW, THEREFORE, theMembers, forandinconsiderationofthemutualpromisesandagreementshereincontained, do agreeasfollows:
Section 1. Pu_ rt)ose, tr
ThisAgreementismadepursuanttotheprovisionsoftheJointExerciseofPowersAct.
ThepurposeofthisAgreementistoestablishapublicentityforthejointexerciseofpowerscommontotheMembersandfortheexerciseofadditionalpowersgiventoajointpowersentityundertheJointPowersActoranyotherapplicablelaw, including, butnotlimitedto, the issuanceofBondsforanypurposeoractivitypermittedundertheJointExerciseofPowersAct oranyotherapplicablelaw. Suchpurposewillbeaccomplishedandsaidpowerexercisedinthemanner hereinafter set forth.
Section 2. Term.
ThisAgreementshallbecomeeffectiveinaccordancewithSection17asofthedate hereofandshallcontinueinfullforceandeffectuntilsuchtimeasitisterminatedinwritingbyalltheMembers; provided, however, thatthisAgreementshallnottenninateorbeterminated untilallBondsissuedorcausedtobeissuedbytheAuthority (definedbelow) shallnolongerbe outstandingunderthetermsoftheindenture, trustagreementorotherinstrumentpursuanttowhichsuchBondsareissued, orunlessasuccessortotheAuthorityassumesalloftheAuthority'sdebts, liabilitiesandobligastions.
Section 3. Authoritv.
A. CREATIONAND POWERSOFAUTHORITY.
PursuanttotheJointExerciseofPowersAct, thereisherebycreatedapublicentity to be known as the " California Municipal Finance Authority" ( the " Authority"),and said Authority shall be a public entity separate and apart from the Members. Its Item Title: 11.3
Tax-Exempt Revenue Bonds by the California Municipal Finance Authority for the Santa Rosa Academy Item Page Number: 10
Menifee Mayor and City Council May 18, 2022
debts, liabilitiesandobligationsdonotconstitutedebts, liabilitiesorobligationsofanyMembers.
B. BOARD.
The Authority shall be administered by the Board of Directors ( the " Board," or the " Directors" and each a " Director") of the California Foundationfor Stronger Communities, a nonprofitpublicbenefitcorporationorganizedunderthelawsoftheState of California ( the me,:` Foundation"), with eachsuchDirectorservingin his or herindividual capacity as a Director of the Board. TheBoardshallbetheadministering agencyofthisAgreementand, assuch, shallbevestedwiththepowerssetforthherein, andshalladministerthisAgreementinaccordancewiththepurposesandfunctions provided herein.
ThenumberofDirectors, theappointmentofDirectors, alternatesand successors, theirrespectivetermsof office, andallotherprovisionsrelatingtothe qualificationandofficeoftheDirectorsshallbeasprovidedintheArticlesandBylaws oftheFoundation, orbyresolutionoftheBoardadoptedinaccordancewiththeBylawsof the Foundation.
AllreferencesinthisAgreementtoanyDirectorshallbedeemedtorefertoand includetheapplicablealternateDirector, ifany, whensoactinginplaceofaregularlyappointed Director.
Directorsmayreceivereasonablecompensationforservingassuch, andshallbe entitledtoreimbursementforanyexpensesactuallyincurredinconnectionwithservingasaDirector, if theBoardshalldeterminethatsuchexpensesshallbereimbursedand thereareunencumberedfundsavailableforsuchpurpose.
TheFoundationmayberemovedasadministeringagenthereunderandreplaced atanytimebyamendmentof thisAgreementapprovedasprovidedin Section16; providedthatasuccessoradministeringagentofthisAgreementhasbeenappointedand accepteditsdutiesandresponsibilitiesunderthisAgreement.
C. OFFICERS; DUTIES; OFFICIALBONDS.
TheofficersoftheAuthorityshallbetheChair, Vice-Chair, SecretaryandTreasurer ( defined below).
TheBoard, in itscapacityasadministeringagentof this
Agreement, shallelectaChair, aVice-Chair, andaSecretaryoftheAuthorityfromamongDirectorstoserveuntilsuchofficerisre-electedorasuccessortosuchofficeis electedbytheBoard. TheBoardshallappointoneormoreofitsofficersoremployeesto serve as treasurer, auditor, and controller of the Authority ( the " Treasurer") pursuant to Section6505.6oftheJointExerciseofPowersActtoserveuntilsuchofficerisre-elected or asuccessorto suchofficeis electedbytheBoard.
Subjecttotheapplicableprovisionsofanyresolution, indenture, trustagreement orotherinstrumentorproceedingauthorizingorsecuringBonds (eachsuchresolution, indenture, trustagreement, instrumentandproceedingbeinghereinreferredtoasanIndenture") providing for a trustee or other fiscal agent, and except as may otherwise be Item Title: 11.3
Tax-Exempt Revenue Bonds by the California Municipal Finance Authority for the Santa Rosa Academy Item Page Number: 11
Menifee Mayor and City Council May 18, 2022
specifiedbyresolutionoftheBoard, theTreasurerisdesignatedasthedepositaryoftheAuthoritytohavecustodyofallmoneyoftheAuthority, fromwhateversourcederivedandshallhavethepowers, dutiesandresponsibilitiesspecifiedinSections6505, 6505.5and6509.5oftheJointExerciseofPowersAct.
TheTreasureroftheAuthorityisdesignatedasthepublicofficerorpersonwhohaschargeof, handles, orhasaccesstoanypropertyoftheAuthority, andsuchofficer shallfileanofficialbondwiththeSecretaryoftheAuthorityintheamountspecifiedbyresolution of the Board bmt in no event less than $ 1,000.
TheBoardshallhavethepowertoappointsuchotherofficersandemployeesasitmaydeemnecessaryandtoretainindependentcounsel, consultantsandaccountants.
TheBoardshallhavethepower, byresolution, totheextentpermittedbytheJointExerciseofPowerActoranyotherapplicablelaw, todelegateanyofitsfunctionstoone ormoreoftheDirectorsorofficers, employeesoragentsoftheAuthorityandtocause anyofsaidDirectors, officers, employeesoragentstotakeanyactionsandexecuteanydocumentsorinstrumentsforandinthenameandonbehalfoftheBoardortheAuthority.
D. MEETINGS OF TIE BOARD.
1) Ralph M. Brown Act.
All meetingsoftheBoard, including, withoutlimitation, regular, adjournedregular, special, andadjournedspecialmeetingsshallbecalled, noticed, heldandconductedinaccordancewiththeprovisionsoftheRalph M. Brown Act ( commencing with Section 54950 of the Government Code of the State of California), or any successor legislation hereinafterenacted (the"BrownAct").
2) Regular Meetings.
The Board shall provide for its regular meetings; provided,however, it shall hold at least one regular meeting each year. The date, hourandplaceoftheholdingoftheregularmeetingsshallbefixedbyresolution of the Board. TotheextentpermittedbytheBrownAct, such meetingsmay beheld by telephoneconference.
3) Special Meetings.
SpecialmeetingsoftheBoardmaybecalledinaccordancewith
theprovisionsofSection54956oftheGovernmentCodeoftheStateof California. TotheextentpermittedbytheBrownAct, suchmeetingsmaybe held by telephone conference.
Item Title: 11.3
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Menifee Mayor and City Council May 18, 2022
4) Minutes.
TheSecretaryof theAuthorityshallcauseto bekeptminutesof theregular, adjournedregular, special, andadjournedspecialmeetingsof theBoardandshall, assoonaspossibleaftereachmeeting, causeacopyof theminutesto beforwardedto eachDirector. 5) Quorum.
A majorityof theBoardshallconstitutea quorumfor the
transactionofbusiness. NoactionmaybetakenbytheBoardexceptupon theaffirmativevoteofamajorityoftheDirectorsconstitutingaquorum, exceptthatlessthanaquorummayadjournameetingtoanothertimeand place.
E. RULES AND REGULATIONS.
TheAuthoritymayadopt, fromtimetotime, byresolutionoftheBoardsuchrules andregulationsfortheconductofitsmeetingsandaffairsasmayberequired.
Section 4. Powers.
r
TheAuthorityshallhavethepower, initsownname, toexercisethecommonpowersoftheMembersandtoexercisealladditionalpowersgiventoajointpowersentityunderanyofthelawsoftheStateofCalifornia, including, butnotlimitedto,theJointExerciseofPowersAct, for any purpose authorized under this Agreement. Suchpowersshallincludethecommonpowers specifiedinthisAgreementandmaybeexercisedinthemannerandaccordingtothemethodprovided in this Agreement.
TheAuthorityisherebyauthorizedtodoallactsnecessaryforthe exerciseofsuchpower, including, butnotlimitedto, anyofallofthefollowing: tomakeandenter into contracts; to employ agents and employees; to acquire, construct, provide for maintenanceandoperationof, ormaintainandoperate, anybuildings, worksorimprovements; toacquire, holdordisposeofpropertywhereverlocated; toincurdebts, liabilitiesorobligations; toreceivegifts, contributionsanddonationsofproperty, funds, services, andotherformsof assistancefromperson, firms, corporationsandanygovernmentalentity; tosueandbesuedinits ownname; tomakegrants, loansorprovideotherfinancialassistancetogovernmentaland nonprofitorganizations (e.g., theMembersortheFoundation)toaccomplishanyofitspurposes;andgenerallytodoanyandallthingsnecessaryorconvenienttoaccomplishitspurposes.
Withoutlimitingthegeneralityoftheforegoing, theAuthoritymayissueorcausetobe issuedBonds, andpledgeanypropertyorrevenuesassecuritytotheextentpermittedundertheJointExerciseofPowersAct, oranyotherapplicableprovisionoflaw; provided, however, the AuthorityshallnotissueBondswithrespecttoanyprojectlocatedinthejurisdictionofoneormore Members unless the governing body of any such Member, or its duly authorized representative, shallapprove, conditionallyorunconditionally,theproject, includingtheissuanceof Bonds therefor.
Suchapprovalmaybeevidencedbyresolution, certificate, order, reportor suchothermeansofwrittenapprovalofsuchprojectasmaybeselectedbytheMember (oritsauthorized representative) whose approval is required. No such approval shall be required in Item Title: 11.3
Tax-Exempt Revenue Bonds by the California Municipal Finance Authority for the Santa Rosa Academy Item Page Number: 13
Menifee Mayor and City Council May 18, 2022
connectionwithBondsthatrefundBondspreviouslyissuedbytheAuthorityandapprovedbythe governing board of a Member.
ThemannerinwhichtheAuthorityshallexerciseitspowersandperformitsdutiesisand shallbesubjecttotherestrictionsuponthemannerinwhichaCaliforniagenerallawcitycouldexercisesuchpowersandperformsuchduties. ThemannerinwhichtheAuthorityshallexerciseitspowersandperformitsdutiesshallnotbesubjecttoanyrestrictionsapplicabletothemannerinwhichanyotherpublicagencycouldexercisesuchpowersorperformsuchduties, whethersuchagencyisapartytothisAgPeementornot.
Section 5. Fiscal Year.
ForthepurposesofthisAgreement, theterm "FiscalYear" shallmeanthefiscalyearasestablishedfromtimetotimebyresolutionoftheBoard, being, atthedateofthisAgreement,theperiodfromJuly1toandincludingthefollowingJune30, exceptforthefirstFiscalYearwhichshallbetheperiodfromthedateofthisAgreementtoJune30, 2004.
Section 6. Disposition of Assets.
AttheendofthetermhereoforupontheearlierterminationofthisAgreementasset forthinSection2, afterpaymentofallexpensesandliabilitiesoftheAuthority, allpropertyoftheAuthoritybothrealandpersonalshallautomaticallyvestintheMembersinthemannerandamountdeterminedbytheBoardinitssolediscretionandshallthereafterremainthesole propertyoftheMembers; provided, however, thatanysurplusmoneyonhandshallbereturnedinproportiontothecontributionsmadebytheMembers.
Section 7. Bonds.
FromtimetotimetheAuthorityshallissueBonds, inoneormoreseries, forthepurposeofexercisingitspowersandraisingthefundsnecessarytocarryoutitspurposesunderthisAgreement.
Theservicesofbondcounsel, financingconsultantsandotherconsultantsandadvisorsworking on the projects and/ or their financing shall be used by the Authority. The expenses of theBoardshallbepaidfromtheproceedsoftheBondsoranyotherunencumberedfundsoftheAuthorityavailableforsuchpurpose.
Section 8.
BondsOnlyLimitedandSpecialObligationsofAuthority.
TheBonds, togetherwiththeinterestandpremium, ifany, thereon, shallnotbedeemedtoconstituteadebtofanyMemberorpledgeofthefaithandcreditoftheMembersorthe Authority. TheBondsshallbeonlyspecialobligationsoftheAuthority, andtheAuthorityshallundernocircumstancesbeobligatedtopaytheBondsexceptfromrevenuesandotherfunds pledgedtherefor. NeithertheMembersnortheAuthorityshallbeobligatedtopaytheprincipalof, premium, ifany, orinterestontheBonds, orothercostsincidentalthereto, exceptfromthe revenuesandfundspledgedtherefor, andneitherthefaithandcreditnorthetaxingpoweroftheMembers nor the faith and credit of the Authority shall be pledged to the payment of the Item Title: 11.3
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Menifee Mayor and City Council May 18, 2022
principalof, premium, ifany, orinterestontheBondsnorshalltheMembersortheAuthorityinanymannerbeobligatedtomakeanyappropriationforsuchpayment.
NocovenantoragreementcontainedinanyBondorrelateddocumentshallbedeemedto beacovenantoragreementofanyDirector, oranyofficer, employeeoragentoftheAuthorityinhisorherindividualcapacityandneithertheBoardoftheAuthoritynoranyDirectororofficer thereofexecutingtheBondsshallbeliablepersonallyonanyBondorbesubjecttoanypersonalliabilityoraccountabilitybyreasonoftheissuanceofanyBonds.
Section 9. Accounts and RCDortS.
All funds of the Authority shall be strictly accounted for. The Authority shall establish andmaintainsuchfundsandaccountsasmayberequiredbygoodaccountingpracticeandbyanyprovisionofanyIndenture (totheextentsuchdutiesarenotassignedtoatrusteeofBonds).
ThebooksandrecordsoftheAuthorityshallbeopentoinspectionatallreasonabletimesbyeach Member.
TheTreasureroftheAuthorityshallcauseanindependentaudittobemadeofthebooks ofaccountsandfinancialrecordsoftheAuthoritybyacertifiedpublicaccountantorpublicaccountantincompliancewiththeprovisionsofSection6505oftheJointExerciseofPowersAct.
IneachcasetheminimumrequirementsoftheauditshallbethoseprescribedbytheStateControllerforspecialdistrictsunderSection26909ofthe. GovernmentCodeoftheStateofCalifornia and shall conform to generally accepted auditing standards. When such an audit of accountsandrecordsismadebyacertifiedpublicaccountantorpublicaccountant, areport thereofshallbefiledasapublicrecordwitheachMemberandalsowiththecountyauditorofeachcountyinwhichaMemberislocated; provided, however, thattotheextentpermittedbylaw, theAuthoritymay, insteadoffilingsuchreportwitheachMemberandsuchcountyauditor,electtopostsuchreportasapublicrecordelectronicallyonawebsitedesignatedbytheAuthority. Suchreportifmadeshallbefiledwithin12monthsoftheendoftheFiscalYearorYears under examination.
TheTreasurerisherebydirectedtoreportinwritingonthefirstdayofJuly, October,January, andAprilofeachyeartotheBoardandtheMemberswhichreportshalldescribetheamountofmoneyheldbytheTreasurerfortheAuthority, theamountofreceiptssincethelast suchreport, andtheamountpaidoutsincethelastsuchreport (whichmayexcludeamountsheldbyatrusteeorotherfiduciaryinconnectionwithanyBondstotheextentthatsuchtrusteeorotherfiduciaryprovidedregularreportscoveringsuchamounts.) Anycostsoftheaudit, includingcontractswith, oremploymentof, certifiedpublicaccountantsorpublicaccountantsinmakinganauditpursuanttothisSection, shallbebornebytheAuthorityandshallbeachargeagainstanyunencumberedfundsoftheAuthorityavailablefor thatpurpose.
InanyFiscalYeartheBoardmay, byresolutionadoptedbyunanimousvote, replacetheannual special audit with an audit covering a two- year period.
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Menifee Mayor and City Council May 18, 2022
Section 10. Funds.
SubjecttotheapplicableprovisionsofanyIndenture, whichmayprovideforatrusteeor otherfiduciarytoreceive, havecustodyofanddisburseAuthorityfunds, theTreasurerofthe Authorityshallreceive, havethecustodyofanddisburseAuthorityfundspursuanttothe accountingproceduresdevelopedunderSections3.0 and9, andshallmakethedisbursements requiredbythisAgreementorotherwisenecessarytocarryoutanyoftheprovisionsofpurposesof this Agreement.
Section 11. Notices.
NoticesandothercommunicationshereundertotheMembersshallbesufficientif deliveredtotheclerkofthegoverningbodyofeachMember; provided, however, thattothe extentpermittedbylaw, theAuthoritymay, providenoticesandothercommunicationsand postingselectronically(including, withoutlimitation, throughemailorbypostingtoawebsite).
Section 12. Additional Members/Withdrawal of Members.
QualifyingpublicagenciesmaybeaddedaspartiestothisAgreementandbecomeMembers upon: ( 1) thefilingby suchpublicagencywiththeAuthorityof anexecuted counterpartofthisAgreement, togetherwithacopyoftheresolutionofthegoverningbodyofsuchpublicagencyapprovingtgisAgreementandtheexecutionanddeliveryhereof; and (2)adoptionofaresolutionoftheBoardapprovingtheadditionofsuchpublicagencyasaMember.Uponsatisfactionofsuchconditions, theBoardshallfilesuchexecutedcounterpartofthis Agreementasanamendmenthereto, effectiveuponsuchfiling.
A MembermaywithdrawfromthisAgreementuponwrittennoticetotheBoard; provided, however, thatnosuchwithdrawalshallresultinthedissolutionoftheAuthoritysolongasanyBondsremainoutstanding. AnysuchwithdrawalshallbeeffectiveonlyuponreceiptofthenoticeofwithdrawalbytheBoardwhichshallacknowledgereceiptofsuchnoticeof withdrawalinwritingandshallfilesuchnoticeasanamendmenttothisAgreementeffectiveuponsuchfiling.
Section 13. Indemnification.
Tothefullextentpermittedbylaw, theBoardmayauthorizeindemnificationbytheAuthorityofanypersonwhoisorwasaDirectororanofficer, employeeofotheragentofthe Authority, andwhowasorisapartyoristhreatenedtobemadeapartytoaproceedingbyreasonofthefactthatsuchpersonisorwassuchaDirectororanofficer, employeeorother agentoftheAuthority, againstexpenses, includingattorneysfees,judgments, fines, settlements andotheramountsactuallyandreasonablyincurredinconnectionwithsuchproceeding, ifsuchpersonactedingoodfaithinamannersuchpersonreasonablybelievedtobeinthebestinterests oftheAuthorityand, inthecaseofacriminalproceeding, hadnoreasonablecausetobelievethe conductofsuchpersonwasunlawfuland, inthecaseofanactionbyorintherightofthe Authority, actedwithsuchcare, includingreasonableinquiry, asanordinarilyprudentpersonina like position would use under similar circumstances.
Item Title: 11.3
Tax-Exempt Revenue Bonds by the California Municipal Finance Authority for the Santa Rosa Academy Item Page Number: 16
Menifee Mayor and City Council May 18, 2022
Section 14. Contributions and Advances.
Contributionsoradvancesofpublicfundsandoftheuseofpersonnel, equipmentor propertymaybemadetotheAuthoritybytheMembersforanyofthepurposesofthisAgreement. Paymentofpublicfundsmaybemadetodefraythecostofanysuchcontributionor advance. Anysuchadvancemaybemadesubjecttorepayment, andinsuchcaseshallberepaid, inthemanneragreeduponbytheAuthorityandtheMembermakingsuchadvanceatthetimeofsuch advance.
It ismutuallyunderstoodandagreedtothatnoMemberhasanyobligationto makeadvancesor contributions-to theAuthorityto provideforthecostsandexpensesofadministration of the Authority, even though any Member may do so. The Members understand andagreethataportionofthefundsoftheAuthoritythatotherwisemaybeallocatedordistributedtotheMembersmayinsteadbeusedtomakegrants, loansorprovideotherfinancialassistance to governmental units and nonprofit organizations ( e. g., the Foundation) to accomplishanyofthegovernmentalunit'sornonprofitorganization'spurposes.
Section 15. - Immunities,.
Alloftheprivilegesandimmunitiesfromliabilities, exemptionsfromlaws, ordinancesandrules, andotherbenefitswhichapplytotheactivityofofficers, agentsoremployeesof Memberswhenperformingtheirrespectivefunctionswithintheterritoriallimitsoftheir respectivepublicagencies, shallapplytothesamedegreeandextenttotheDirectors, officers, employees, agentsorotherrepresentativesoftheAuthoritywhileengagedintheperformanceofanyoftheirfunctionsordutiesundertheprovisionsofthisAgreement.
Section 16. Amendments.
ExceptasprovidedinSection12above, thisAgreementshallnotbeamended, modified, oraltered, unlessthenegativeconsentofeachoftheMembersisobtained. Toobtainthe negativeconsentofeachoftheMembers, thefollowingnegativeconsentprocedureshallbefollowed: ( a)theAuthorityshallprovideeachMemberwithanoticeatleastsixty (60) days priortothedatesuchproposedamendmentistobecomeeffectiveexplainingthenatureofsuchproposed amendment and this negative consent procedure; ( b)theAuthorityshallprovideeach Memberwhodidnotrespondaremindernoticewithanoticeatleastthirty (30) dayspriortothedatesuchproposedamendmentistobecomeeffective; and (c) if noMemberobjectstothe proposedamendmentinwritingwithinsixty (60) daysaftertheinitialnotice, theproposedamendmentshallbecomeeffectivewith respectto all Members.
Section 17. Effectiveness.
ThisAgreementshallbecomeeffectiveandbeinfullforceandeffectandalegal, validandbindingobligationofeachoftheMembersonthedatethattheBoardshallhavereceivedfromtwooftheInitialMembersanexecutedcounterpartofthisAgreement, togetherwitha certifiedcopyofaresolutionofthegoverningbodyofeachsuchInitialMemberapprovingthisAgreement and the execution and delivery hereof.
Item Title: 11.3
Tax-Exempt Revenue Bonds by the California Municipal Finance Authority for the Santa Rosa Academy Item Page Number: 17
Menifee Mayor and City Council May 18, 2022
Section 18. Partial Invaliditv.
If anyoneormoreoftheterms, provisions, promises, covenantsorconditionsofthis Agreementshalltoanyextentbeadjudgedinvalid, unenforceable, voidorvoidableforanyreasonwhatsoeverbyacourtofcompetentjurisdiction, eachandalloftheremainingterms, provisions, promises; covenantsandconditionsofthisAgreementshallnotbeaffectedthereby,andshallbevalidandenforceabletothefullestextentpermittedbylaw.
Section 19. Successors:
ThisAgreementshallbebindinguponandshallinuretothebenefitofthesuccessorsofthe parties hereto.
Excepttotheextentexpresslyprovidedherein, noMembermayassignanyrightorobligationhereunderwithouttheconsentoftheotherMembers.
Section 20. Miscellaneous.
ThisAgreementmaybeexecutedinseveralcounterparts, eachofwhichshallbean originalandallofwhichshallconstitutebutoneandthesameinstrument.
Thesectionheadingshereinareforconvenienceonlyandarenottobeconstruedas modifying or governingthe languagein the sectionreferredto. r
WhereverinthisAgreementanyconsentorapprovalisrequired, thesameshallnotbe unreasonably withheld.
ThisAgreementshallbegovernedunderthelawsoftheStateofCalifornia.
ThisAgreementisthecompleteandexclusivestatementoftheagreementamongtheMembers, which supercedes and merges all prior proposals, understandings, and other agreements, whetheroral, written, orimpliedinconduct, betweenandamongtheMembers relating to the subject matter of this Agreement.
Item Title: 11.3
Tax-Exempt Revenue Bonds by the California Municipal Finance Authority for the Santa Rosa Academy Item Page Number: 18
Menifee Mayor and City Council May 18, 2022
SIGNATUREPAGEFORJPA AGREEMENT
INWITNESSWHEREOF, theCITYOFMENIFEEhascausedthisAgreementto beexecutedandattestedbyitsMayor, ordesigneeasofthe1stdayofMay, 2012.
Member:
CITY OF MENIFEE
0By n V
1 Name: John V. Denver
Title: Maayor
ATTEST:
t ' g
Kathy Bennett, City Cferk
Ap, a Form:
48374383- 2335 1 4
I
Item Title: 11.3
Tax-Exempt Revenue Bonds by the California Municipal Finance Authority for the Santa Rosa Academy Item Page Number: 19
Menifee Mayor and City Council May 18, 2022
CITY OF MENIFEE
SUBJECT: Lease Agreement with Haun Professional, LLC c/o Amber Management, LLC for the Lease of Office Space
MEETING DATE: May 18, 2022
TO: Mayor and City Council
PREPARED BY: Nancy Rodriguez, Management Analyst
REVIEWED BY: Jonathan Nicks, Community Services Director APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION
1. Approve a lease agreement between Haun Professional LLC c/o Amber Management, LLC and the City of Menifee for the lease of office space; and
2. Authorize the City Manger or designee to execute all the necessary documents related to the office space lease agreement in the amount of $332,224 over five years, with a five-year option to extend.
DISCUSSION
Since incorporating in 2008, Menifee has experienced a 70% population growth and is currently providing services to nearly 110,000 residents and over 4,000 businesses. Recent projections estimate these numbers will grow by another 9% over the next two years. In addition to being recognized as a “National Boomtown” in 2022, Menifee has been deemed one of the Top 100 Cities to Raise Kids, the Top 30 Safest Cities in California, the fastest growing city in Southwest Riverside County, and the fifth fastest growing City within the State of California. To keep pace with this record growth and to provide the high level of service Menifee residents have come to expect and enjoy, staff is working to address current, and near future deficiencies in available space to house city staff and provide vital city functions.
As the City continues to grow, the need for city staff and facilities will increase to meet growing service needs. Steps have been taken to reconfigure and repurpose existing workspaces to meet this deficit, after which staff estimates a need for an additional 13-15 workspaces. In recent months, the City was made aware of office space available within the Haun Medical Campus located at 29826 Haun Rd, Ste 307, Menifee, CA 92586. The Haun Medical Campus is already home to Menifee’s City Hall. A citywide search for office space has been ongoing, however it was determined that the Haun Campus could provide the greatest operational efficiency based on cost Item Title: 12.1
Lease Agreement with Haun Professional, LLC c/o Amber Management, LLC for the Lease of Office Space Item Page Number: 1
Menifee Mayor and City Council May 18, 2022
City of Menifee Staff Report
Haun Professional, LLC Lease Agreement
May 18, 2022
1 0
2 5
and proximity to existing City Hall. With the construction of the City’s new permanent City Hall building (located near Central Park) not expected to be completed until 2026 at the earliest, staff recommends that City Council authorize the City Manager to execute a lease agreement with Haun Professional/Amber Management LLC to obtain interim workspace.
The proposed five-year lease would total $61,457.40 for the first year, with an annual adjustment based on CPI, not-to-exceed 5%, and a total amount of $332,224 over five years. The proposed lease includes a five-year option to extend at the end of the initial term. The City would agree to cover utilities including electric, phone, and internet services which is estimated at $300/month.
The Triple Net amount is based on actual cost of property tax and insurance, and is charged to the City for its portion thereof, so the amount may fluctuate. An illustration of these terms is provided in Table 1 below. Funding for the lease is available under the general fund budget.
Table 1: Proposed Lease Terms
Agreement
Year Monthly Rent Triple Net Monthly Total Annual Total Year 1 $ 3,953.40 $ 1,168.05 $ 5,121.45 $ 61,457.40 Year 2 $ 4,151.07 $ 1,168.05 $ 5,319.12 $ 63,829.44 Year 3 $ 4,358.62 $ 1,168.05 $ 5,526.67 $ 66,320.08 Year 4 $ 4,576.55 $ 1,168.05 $ 5,744.60 $ 68,935.26 Year 5 $ 4,805.38 $ 1,168.05 $ 5,973.43 $ 71,681.19 Estimated Agreement Total $ 332,223.37
STRATEGIC PLAN OBJECTIVE
Regular City Business
FISCAL IMPACT
General funds are budgeted within account no. 100-4221-52060 to cover the first year of the lease agreement in the amount of $61,457.40 (One month in fiscal year 2021-22, and the remaining eleven months in fiscal year 2022-23). Future year funding would be budgeted under the same account in the amount $270,765.97 over the next four years, for a five-year initial term in the amount of $332,224. The Triple Net amount is based on actual cost of property tax and insurance and is charged to the City for its portion thereof, so the amount may fluctuate in future years. Any additional funding, including the five-year option to extend, would be based on City Council approval.
ATTACHMENTS
1. Lease Agreement
2. Office Space Layout
Item Title: 12.1
Lease Agreement with Haun Professional, LLC c/o Amber Management, LLC for the Lease of Office Space Item Page Number: 2
Menifee Mayor and City Council May 18, 2022
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1 COMMERCIAL LEASE
THIS LEASE, made and entered into this 28 th day of April 2022 by and between HAUN PROFESSIONAL, a Limited Liability Company, as LANDLORD, and CITY OF MENIFEE, as TENANT, hereinafter respectively referred to as LANDLORD and TENANT, without regard to number or gender.
WITNESSNETH
1. USE. Landlord hereby Leases to Tenant, and Tenant hereby hires from Landlord, for the purpose of locating City offices, for the City of Menifee, those certain premises with appurtenances described as hereinafter set forth.
2. PREMISES. The premises Leased to Tenant, together with appurtenances, are hereinafter referred to as the “demised premises” and are situated in the City of Menifee, County of Riverside, State of California, and has the following address:
29826 Haun Rd. Suite 307, Menifee, CA 92586
The square footage of the demised premises (including a proportionate share of commonly used areas such as, but not limited to, utility rooms) is approximately 1797 square feet, which represents
3.406% of the total building owned by Landlord.
3. TERM. The term of this Lease shall be for a period of FIVE (5) year(s). The term hereof shall commence on June 1, 2022 and expire on May 31, 2027.
4. RENT:
A. “Guaranteed Minimum Monthly Rental.” Tenant shall pay to Landlord as monthly rental for the demised premises the sum of:
THREE THOUSAND NINE HUNDRED FIFTY THREE AND 40/100’S DOLLARS ($3,953.40) per month, which sum shall be paid in advance on the first day of each calendar month throughout the term(s) of this Lease. Said rental shall commence upon the commencement of the term of the Lease as set forth in Article 3 hereof. In the event that the term of this Lease commences upon any day other than the first day of a calendar month, rental for the fractional month during which the Lease term commences shall be prorated on a per diem basis (calculated on the basis of a thirty (30) day month), and paid at the commencement of the Lease term. All rental to be paid by Tenant to Landlord shall be in lawful money of the United States of America and shall be paid without deduction or offset, prior notice or demand, and at such place or places as may be designated from time to time by Landlord. Any rental paid by check is to be made payable to AMBER MANAGEMENT,LLC.
B. When the term of this Lease is more than one year, upon each anniversary date of the commencement of the term of this Lease, the “Guaranteed Minimum Monthly Rental” shall be increased by:
Item Title: 12.1
Lease Agreement with Haun Professional, LLC c/o Amber Management, LLC for the Lease of Office Space Item Page Number: 3
Menifee Mayor and City Council May 18, 2022
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2 (1) Any increase in the cost of living index, [based on the U.S. Consumer Price Index for All Urban Consumers (CPI-U) published by the United States Department of labor, (in which 1982-84 equals 100)], over the cost of living index for the first month of the term of this Lease. If said Consumer Price Index is no longer published at the adjustment date, it shall be constructed by conversion tables included in any new Index. Since a Lapse of 30 to 60 days can occur before current CPI figures are published, the CPI calculations shall be made using the most recent CPI-U figures available at the date of adjustment. Notwithstanding, such increase shall not exceed 5% per year.
C. This Lease is what is commonly called a “Net, Net, Net Lease,” it being understood that the Landlord shall receive the rent set forth in Paragraph 4.A. free and clear of any and all other impositions, Real Estate Taxes, liens, charges or expenses of any nature whatsoever in connection with the ownership and operation of the Premises. In addition to the rent reserved by Paragraph 4.A. Tenant shall pay to the parties respectively entitled thereto its prorata share of all impositions, insurance premiums, operating charges, maintenance charges, construction costs, and any other charges, costs and expenses which arise or may be contemplated under any provisions of this Lease during the term hereof.
All of such charges, costs and expenses shall constitute additional rent, and upon the failure of Tenant to pay any of such costs, charges or expenses, Landlord shall have the same rights and remedies as otherwise provided in this Lease for the failure of the Tenant to pay rent. It is the intentions of the parties hereto that this Lease shall not be terminable for any reason by the Tenant, and that Tenant shall in no event be entitled to any abatement of or reduction in rent payable under this Lease, except as herein expressly provided. Any present or future law to the contrary shall not alter this agreement of the parties. Triple net is currently estimated at ONE THOUSAND ONE HUNDRED SIXTY EIGHT AND 05/100’S ( $1,168.05) per month.
E. Definition of Real Estate Taxes. The term “Real Estate Taxes” as used herein shall be deemed to mean all taxes imposed upon the real property and permanent improvements, and all assessments levied against said premises, but shall not include, except as otherwise provided in the next succeeding paragraph, personal income taxes, personal property taxes, inheritance taxes, or franchise taxes levied against the Landlord.
If, at any time during the term of this Lease under the laws of the United States Government, State of California, or any political subdivision thereof, in which the demised premises are situated, a tax or excise on rent or any other tax, however described, is levied or assessed by any such political body, as aforesaid described, against Landlord on account of or measured by the rentals payable to Landlord hereunder, such tax and excise shall be considered for the purposes of this Article 4 and of Article 8, a REAL ESTATE TAX. In the event and to the extent any tax, is “in lieu of” or “in substitution of” an increase in a Real Estate Tax, such tax shall be for the purposes of this Article 4 and or Article 8, be considered a Real Estate Tax.
5. PERSONAL PROPERTY TAXES. During the term hereof Tenant shall pay, prior to delinquency, all taxes assessed against and levied upon fixtures, furnishings, equipment and all other personal property of Tenant contained in the demised premises, and when possible, Tenant shall cause said fixtures, furnishings, equipment and other personal property to be assessed and billed separately from the real property of Landlord. In the event any or all of the Tenant’s fixtures, furnishings, equipment and other personal property shall be assessed and taxed with the Landlord’s real property, the Tenant shall pay Item Title: 12.1
Lease Agreement with Haun Professional, LLC c/o Amber Management, LLC for the Lease of Office Space Item Page Number: 4
Menifee Mayor and City Council May 18, 2022
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3 to Landlord its share of such taxes within ten (10) days after delivery to Tenant by Landlord of a statement, in writing, setting forth the amount of such taxes applicable to the Tenant’s property.
6. PARKING AND COMMON FACILITIES. Tenant, for the use and benefit of Tenant, it’s agents, employees, customers, licensees and subtenants shall have the non-exclusive right in common with Landlord, and other present and future owners of the demised premises and/or common areas to use said common and parking areas during the entire term of this Lease, or any extension thereof, for ingress and egress, roadway, sidewalk and automobile parking.
Tenant, in the use of said common and parking areas, agrees to comply with such reasonable rules and regulations as the Landlord may adopt from time to time for the orderly and proper operation of said common and parking areas. Such rules may include, but not be limited to, the following: (1) the restricting of employee parking to a limited, designated area or areas; (2) the regulation of the removal, storage and disposal of Tenant’s refuse and other rubbish at the sole cost and expense of Tenant.
7. USES PROHIBITED. Tenant shall not use, or permit said premises, or any part thereof, to be used for any purposes or purposes other than the purpose or purposes for which said premises are hereby leased; and no use shall be made or permitted to be made of said premises, nor acts done, which will increase the existing rate of insurance upon the building in which said premises may be located (once said rate is established), or cause a cancellation of any insurance policy covering said building or any part thereof, nor shall Tenant sell or permit to be kept, used or sold in or about said premises any article which may be prohibited by standard form of fire insurance policies. Tenant shall, at his sole cost, comply with any and all requirements pertaining to the use of said premises, of any insurance organization or company necessary for the maintenance of reasonable fire and public liability insurance, covering said building and appurtenances. In the event Tenant’s use of the premises, recited in Article 1 hereof, results in a rate increase for the building of which the demised premises are a part, Tenant shall pay annually, in advance, as additional rent, a sum equal to that of the additional annual premium occasioned by said rate increase.
8. ALTERATIONS. Tenant shall not make or suffer to be made, any alterations of the demised premises, or any roof penetration, without the prior written consent of Landlord, and any additions to, or alterations of, said premises, except moveable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord. Landlord may condition its consent to any alteration upon the agreement of Tenant to remove such alteration prior to the expiration or termination of the Lease terms.
9. MAINTENANCE AND REPAIR. Tenant shall, at all times during the term hereof, and at Tenant’s sole expense, keep, maintain and repair the demised premises in good and sanitary order and condition (except as hereinafter provided with respect to Landlord’s obligations), including without limitation, the maintenance, repair and replace of the heating and air-conditioning system. By entering into the demised premises Tenant shall be deemed to have accepted the demised premises as being in good and sanitary order, condition and repair, and Tenant agrees on the last day of said term or sooner termination of this Lease to surrender the demised premises with appurtenances, in the same condition as when received, reasonable use and wear thereof and damage by fire, act of God or by the elements excepted. If Tenant refuses or neglects to commence or complete any repair or maintenance required by Tenant as per this Article 9, Landlord may, but shall not be required to do so, make or complete the repair and/or maintenance and Tenant shall pay the cost thereof to the Landlord on demand.
Item Title: 12.1
Lease Agreement with Haun Professional, LLC c/o Amber Management, LLC for the Lease of Office Space Item Page Number: 5
Menifee Mayor and City Council May 18, 2022
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4 Notwithstanding any provisions in the preceding paragraph to the contrary, Landlord reserves the right, at any time or from time to time throughout the term of this lease, to make an agreement or contract for the maintenance of the heating and air-conditioning apparatus in the demised premises or in the building of which the demised premises form a part. In such event, Tenant shall promptly pay to Landlord, on a monthly basis, or as required by Landlord, Tenant’s share of the cost of such maintenance contract, which share shall be apportioned according to the floor area of the demised premises as it relates to the total floor area building or buildings which are included within said maintenance contract or agreement.
10. COMPLIANCE WITH LAWS. Tenant shall, at its sole cost and expense, comply with all the requirements of all municipal, state, and federal authorities now in force or which may hereafter be enforced pertaining to the use of said premises, and shall faithfully observe in said use all municipal ordinances and state and federal statutes now in force or which shall hereinafter be in force. The judgment of any court of competent jurisdiction, or the admission of Tenant in any action or proceeding against Tenant, whether Landlord be a party thereto or not, that Tenant has violated any such ordinance or statute in said use, shall be conclusive of that fact as between the Landlord and Tenant.
Tenant shall not commit or suffer to be committed, any waste on the demised premises, or any nuisance or other act or thing which may disturb the quiet enjoyment of any other Tenant in the building(s).
11. INDEMNIFICATION OF LANDLORD-INSURANCE. Tenant, as a material part of the consideration to be rendered to Landlord under this Lease, hereby waives all claims against Landlord for damage to goods, wares and merchandise in, upon, or about said premises and for injuries to persons in or about said premises, from any cause arising at any time, and Tenant will hold Landlord exempt and harmless from any damage or injury to any person, or the goods, wares, and merchandise of any person arising from the use of the premises by Tenant, or from the failure of Tenant to keep the premises in good condition and repair, as herein provided.
During the term of this Lease, Tenant shall, at the Tenant’s sole cost and expense, but for the mutual benefit of Landlord and Tenant, maintain general public liability insurance against claims for personal injury, death or personal property damage occurring in, upon or about the demised premises and on any sidewalks directly adjacent to the demised premises. The limitation of liability of such insurance shall be not less than One Million Dollars ($2,000,000.00) in respect to each occurrence of bodily injury or death and to the limitation of not less than One Hundred Thousand Dollars ($100,000.00) in respect to property damage. All such policies of insurance shall be issued in the name of Tenant and Landlord and for the mutual and joint benefit and protection of the parties. A certificate naming Landlord as additional insured evidencing such insurance shall be delivered to the Landlord at the commencement of the Lease term and thereafter, within thirty (30) days prior to the expiration of the term of each such policy, which shall provide that not less than ten (10) days written notice shall be given to Landlord prior to the cancellation or modification of each such policy.
Tenant shall, throughout the entire term of this Lease, maintain in full force on all of its fixtures, equipment and merchandise which may be from time to time located in the demised premises, a policy or policies of fire insurance with a standard form extended coverage endorsement to the extent of at least eighty percent (80%) of their full insurable value. As long as this Lease is in effect, the proceeds of any such policy shall be used for the repair or replacement of said fixtures, equipment and merchandise, and certificates evidencing such insurance shall be delivered to Landlord by Tenant promptly upon the Item Title: 12.1
Lease Agreement with Haun Professional, LLC c/o Amber Management, LLC for the Lease of Office Space Item Page Number: 6
Menifee Mayor and City Council May 18, 2022
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5 commencement of the term of this Lease, and thereafter, within thirty (30) days prior to the expiration of the terms of each such policy. Any such policy of insurance shall contain an express waiver of any right of subrogation against Landlord, provided that such waiver may be obtained without the payment of additional consideration.
Landlord shall maintain fire and extended coverage insurance throughout the term of this Lease with such endorsements and in such amounts as Landlord may from time to time deem necessary covering the building upon the demised premises.
12. FREE FROM LIENS. Tenant shall keep the demised premises and the property in which the demised premises are situated, free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant.
13. ABANDONMENT. Tenant shall not vacate nor abandon the demised premises at any time during the term of this Lease, and if Tenant shall abandon, vacate or surrender the demised premises or be dispossessed by process of law or otherwise, any personal property belonging to Tenant and left on the demised premises shall be deemed to be abandoned, at the option of Landlord, except such property as may be mortgaged to Landlord.
14. SIGNS AND AUCTIONS. Tenant shall not affix any sign on or to the building. Tenant may not display or sell merchandise or allow grocery carts or other similar devices within the control Tenant to be stored or to remain outside the defined exterior walls and permanent doorways of the premises.
Tenant further agrees not to install any exterior lighting, amplifiers or similar devices or use in or about the premises and advertising media which may be heard or seen outside the premises, such as flashing lights, searchlights, loudspeakers, phonographs or radio broadcasts.
Tenant shall not conduct nor permit to be conducted any sale by auction in, upon or from the demised premises, whether said auction be voluntary, involuntary, pursuant to any assignment for the payment of creditors, or pursuant to any bankruptcy or other solvency proceeding.
15. UTILITIES. Tenant shall pay, before delinquency, all charges for electricity, power, telephone service and all other services of utilities used in, upon, or about the demised premises by Tenant or any of its subtenants, licensees, or concessionaires during the term of this Lease. Water and gas utilities are included in the Triple Net Amount in section 4.C.
16. ENTRY AND INSPECTION. Tenant shall permit Landlord and its agents to enter into and upon the demised premises with a prior twenty-four (24) hour notice, unless due to an emergency for the purpose of inspecting the same or for the purpose of maintaining the building in which said premises are situated, or for the purpose of making repairs, alterations or additions to any other portion of said building, including the erection and maintenance of such scaffolding, canopy fences and props as may be required, or for the purpose of posting notices of non-liability for alterations, additions, or repairs, or for the purpose of placing upon the property in which the premises are located any usual or ordinary “For Sale” signs.
Landlord shall be permitted to do any of the above without any rebate of rent and without any liability to Tenant for any loss of occupation or quiet enjoyment of the premises thereby occasioned. Tenant shall permit Landlord, at any time within thirty (30) days prior to the expiration of this Lease, to place upon said premises any usual or ordinary “For Lease” signs and during such thirty (30) days period, Landlord Item Title: 12.1
Lease Agreement with Haun Professional, LLC c/o Amber Management, LLC for the Lease of Office Space Item Page Number: 7
Menifee Mayor and City Council May 18, 2022
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6 or its agents may, during normal business hours, enter upon said premises and exhibit same to prospective Tenants.
17. DAMAGE AND DESTRUCTION OF PREMISES. In the event of: (a) a partial destruction of the premises or the building containing the same during the term, or (b) said building being declared unsafe or unfit for occupancy by any authorized public authority for any reason other than Tenant’s act, use or occupation, which declaration requires repairs to either said premises or said building, Landlord (except as hereinafter further set forth), shall forthwith make such repairs, provided Tenant gives to Landlord thirty (30) days written notice of the necessity therefore and provided further that such repairs can be made within sixty (60) days after the occurrence of said partial destruction or after said declaration by any authorized public authority, and provided said repairs can be made within said time period under the laws and regulations of authorized public authorities, but such partial destruction (including any destruction necessary in order to make repairs required by any such declaration) shall in no way annul or void this Lease, except that Tenant shall be entitled to a proportionate reduction of minimum guaranteed rent while such repairs are being made, such proportionate reduction to be based upon the extent to which the making of such repairs shall interfere with the business carried on by Tenant in said premises, and provided that in making such repairs, Landlord shall be obligated to replace only such glazing as shall have been damaged by fire and other damaged glazing shall be replaced by Tenant.
Tenant shall continue the operation of its business on the demised premises during any such period of restoration and repair to the extent reasonably practicable from the standpoint of prudent business management, and Tenant’s obligation to pay rent shall remain in full force and effect. If such repairs cannot be made within the aforementioned sixty (60) days, Landlord may, at its option, elect to make same within a reasonable period of time: and provided Landlord uses due diligence in making such repairs, this Lease shall continue in full force and effect, and the minimum guaranteed rent shall be proportionately reduced as here-in-above provided. The commencement of such work of repair may be postponed for a reasonable time to permit Landlord’s recovery under any policy of insurance covering such loss.
In the event the repairs called for here-in-above in this Article cannot be made within the aforementioned sixty (60) day period and in the event Landlord does not elect to make same using due diligence and as here-in-above provided, then this Lease may be terminated at the option of either of the parties, with all rentals to be prorated between Landlord and Tenant as of the date of termination. In respect to any partial destruction (including any destruction necessary in order to make repairs required by any such declaration of any authorized public authority), which Landlord is obligated to repair or may elect to repair under the terms of this Article 17, the provisions of Section 1932, Subdivision (2) and Section 1933 Subdivision (4) of the Civil Code of the State of California are waived by Tenant.
Total destruction (including any destruction required by any authorized public authority) of either said premises or the building of which the demised premises are a part, shall terminate this Lease.
Notwithstanding anything contained in this Article 17 to the contrary, in the event of a partial destruction of said premises or the building containing the same during the last year of the term of this Lease, or in the event of a partial destruction resulting from a casualty not insured under a standard fire and extended coverage insurance policy, then, and in either of such events, Landlord shall have the right, at its option, to terminate this Lease by giving written notice of such termination to Tenant within forty-five (45) days following such partial destruction, in which event rentals shall be prorated between Landlord and Tenant as of the date of such termination.
Item Title: 12.1
Lease Agreement with Haun Professional, LLC c/o Amber Management, LLC for the Lease of Office Space Item Page Number: 8
Menifee Mayor and City Council May 18, 2022
INI_______ INI_______
7 In the event that Landlord elects to repair and restore the demised premises following any casualty damage, Tenant shall repair and restore or replace all exterior signs, trade fixtures, equipment, display cases or other installations originally installed by Tenant. Landlord shall have no interest in the proceeds of any insurance carried by Tenant on Tenant’s interest in this Lease, and Tenant shall have no interest in the proceeds of any insurance carried by Landlord, except as specified in Article 11.
18. ASSIGNMENT AND SUBLETTING. Tenant shall not assign this Lease, or any interest therein, and shall not sublet the demised premises or any part thereof, or any right or privilege appurtenant thereto, or permit any other person (the agents and servants of Tenant excepted) to occupy or use the demised premises, or any portion thereof, without first obtaining the written consent of Landlord. Consent by Landlord to one assignment, subletting, occupation or use by another person shall not be deemed to be a consent to any subsequent assignment, subletting, occupation or use by another person. Consent to an assignment or subletting shall not release the original named Tenant from liability for the continued performance of the terms and provisions on the part of Tenant to be kept and performed, unless Landlord specifically and in writing releases the original named Tenant from said liability. Any assignment or subletting without the prior written consent of Landlord shall be void and shall, at the option of Landlord, terminate this Lease. This Lease shall not, nor shall any interest therein, be assigned, as to the interest of Tenant, by operation of law, without the prior written consent of Landlord.
Landlord agrees not to withhold its consent to any proposed assignment unreasonably, provided that such assignment is to a solvent party having a financial strength and business experience equal to or greater than that of Tenant, as determined by Landlord, and provided that the assignee agrees in writing to assume the obligations of the Tenant pursuant to this Lease in a form satisfactory to Landlord. Landlord may condition any such consent upon the payment of all reasonable costs and attorneys’ fees incurred by Landlord in connection with any such assignment.
19. DEFAULT. In the event of any breach of this Lease by Tenant, Landlord shall notify the Tenant in writing of such breach, and Tenant shall have three (3) days in which to cure any such breach as to payments of rent or other sums due hereunder, and thirty (30) days to cure any other breach, and if Tenant shall fail to cure such breach or default within such time limit, then Landlord, besides other rights or remedies Landlord may have, shall have the immediate right to:
A. Immediately terminate Tenant’s right to possession of the premises, and repossess the same by summary proceedings or other appropriate action, and Landlord shall thereupon be entitled to receive from Tenant all damages specified in California Civil Code Section 1951.2(a), including, without limitation, the right to receive the worth, at the time of the award, of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss for the same period that Tenant proves could be reasonably avoided; all of which damages to the extent specific in Section 1951.2(a) shall be computed by allowing interest at the maximum rate permitted by law; or B. Continue this Lease in effect without terminating Tenants right to possession even though Tenant has breached this Lease and abandoned the premises; and to enforce all of the Landlord’s rights and remedies under this Lease, including the right to recover the rent as it becomes due under this Lease; provided, however, that Landlord may at any time thereafter elect to terminate this Lease for such previous breach by notifying Tenant in writing that Tenant’s right to possession of the premises has been terminated.
Item Title: 12.1
Lease Agreement with Haun Professional, LLC c/o Amber Management, LLC for the Lease of Office Space Item Page Number: 9
Menifee Mayor and City Council May 18, 2022
INI_______ INI_______
8 In the event that upon a termination of Tenant’s right of possession or upon the termination or expiration of this Lease, Tenant fails to remove from the premises any of Tenant’s property located thereon, which Tenant is entitled or required to remove pursuant to the terms of this Lease, Landlord shall not be responsible for the care or safekeeping thereof and may remove any of the same from the demised premises and place the same in storage in a public warehouse at the cost, expense and risk of Tenant with authority to the warehouseman to sell the same in the event that Tenant shall fail to pay the cost of transportation and storage, all in accordance with the rules and regulations applicable to the operation of a public warehouseman’s business. Any refusal by public warehouseman to accept personal property located in the demised premises upon such conditions shall be an unconditional warrant to Landlord for disposing of the same in any manner Landlord may see fit, and without accountability for any alleged value thereof.
No waiver of any breach of any of the terms, covenants, agreements, restrictions or conditions of this Lease shall be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions and conditions thereof.
20. INSOLVENCY OF TENANT. Tenant agrees that in the event all or substantially all of its assets be placed in the hands of a receiver or trustee, and in the event such receivership or trusteeship continues for a period of ten (10) days, or should Tenant make an assignment for the benefit of creditors, or be adjudicated a bankrupt, or should Tenant institute any proceedings under any state or federal bankruptcy act wherein Tenant seeks to be adjudicated a bankrupt, or seeks to be discharged of its debts, or should any involuntary proceedings be filed against such Tenant under such bankruptcy laws and Tenant consents thereto or acquiesces therein by pleading or default, then this Lease or any interest in and to the demised premises shall not become an asset in any of such proceedings and in any of such events, and in addition to any and all rights or remedies of Landlord hereunder or as provided by law, it shall be lawful for Landlord, at his option, to declare the term hereof ended and to re-enter the demised premises and take possession thereof and remove all persons therefrom and Tenant shall have no further claim hereunder.
21. SURRENDER OF PREMISES BY TENANT. The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, and shall, at the option of Landlord, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to him of any or all of such subleases or subtenancies.
22. SALE OF PREMISES BY LANDLORD. In the event of any sale of the demised premises by Landlord, Landlord shall be and is hereby entirely freed and relieved of all liability under any and all of its covenants and obligations contained in or derived from this Lease arising out of any act, occurrence, or omission occurring after the consummation of such sale; and the purchaser, at such sale or any subsequent sale of the demised premises shall be deemed, without any further agreement between the parties or their successors in interest or between the parties and any such purchaser, to have assumed and agreed to carry out any and all of the covenants and obligations of the Landlord under this Lease. In the event that Landlord either now or in the future does not own all of the building or property annexed thereto, Tenant agrees that it shall have no right to cancel this Lease, reduce or abate rents or pursue any other remedy for any violation of this Lease by virtue of any act or omission on or with respect to property owned by Landlord.
Item Title: 12.1
Lease Agreement with Haun Professional, LLC c/o Amber Management, LLC for the Lease of Office Space Item Page Number: 10
Menifee Mayor and City Council May 18, 2022
INI_______ INI_______
9 23. ATTORNEY’S FEES. In the event the Landlord finds it necessary to retain an attorney in connection with the default by the Tenant in any of the agreements or covenants contained in this Lease, Tenant shall pay reasonable attorney fees to said attorney.
In the event of any litigation regarding this Lease, the losing party shall pay to the prevailing party reasonable attorney fees.
24. LANDLORD PAYING CLAIMS. Should Tenant fail to pay and discharge, when due and payable, any tax or assessment, or any premium or other charge in connection with any insurance policy or policies which Tenant is obligated to pay, or any lien out of the repair, alteration, maintenance and use of the demised premises, as provided for in this Lease, after ten (10) days written notice from Landlord, then Landlord may, at its option and without waiving or releasing Tenant from any of Tenant’s obligations hereunder, pay any such tax, assessment, lien, claim, insurance premium or charge, or settle or discharge any action therefore or satisfy any judgment thereon.
All costs, expenses and other sums incurred or paid by Landlord in connection therewith, together with interest at the maximum rate permitted by law per annum on such costs expenses and sums from the date incurred or paid by Landlord, shall be deemed to be additional rent hereunder and shall be paid by Tenant with and at the same time as the next installment of rent hereunder, and any default therein shall constitute a breach of the covenants and conditions of this Lease.
25. CONDEMNATION. The term “total taking,” as used in this Article 25 means the taking of the premises under the power of eminent domain or a taking of so much thereof as to prevent or substantially impair the conduct of Tenant’s business thereon. The term “partial taking,” means the taking of a portion only of said property, which does not constitute a total taking, as above defined.
If, during the term hereof, there shall be a total taking by public authority under the power of eminent domain, then the Leasehold estate of Tenant in and to the premises shall cease and terminate as of the date actual physical possession thereof shall be so taken.
If, during the term hereof, there shall be a partial taking of the premises, this Lease shall terminate as to the portion of the property taken upon the date which actual possession of said portion is taken pursuant to said eminent domain proceedings, but this Lease shall continue in force and effect as to the remainder of the premises. The minimum annual rental payable by Tenant for the balance of the term shall be abated in the ratio that the square footage of floor area taken bears to the total floor area of the demised premises at the time of such taking.
If any portion of the parking and common areas shall be so taken so as to prevent or substantially impair the conduct of Tenant’s business on the premises, then Tenant may, at its option, terminate this Lease by giving Landlord written notice of its election so to do, unless Landlord shall, with reasonable diligence, restore the parking and common areas taken by substituting therefore equivalent land reasonably adjacent to the premises. If this Lease is not terminated by Tenant pursuant to the provisions of this Article 25, there shall be no reduction, change or abatement of any rental or other charge payable by Tenant to Landlord hereunder, and this Lease shall continue in full force and effect.
Item Title: 12.1
Lease Agreement with Haun Professional, LLC c/o Amber Management, LLC for the Lease of Office Space Item Page Number: 11
Menifee Mayor and City Council May 18, 2022
INI_______ INI_______
10 All compensation and damages awarded for the taking of the premises or the common facilities, or any portion or portions thereof, shall, except as otherwise herein provided, belong to and be the sole property of Landlord, and Tenant shall not have any claim or be entitled to any award for decrease in value of its Leasehold hereunder or for the value of any unexpired term of this Lease; provided, however, Tenant shall be entitled to any award that may be made for the taking of or injury to, or on account of any cost or loss Tenant may sustain in the removal of Tenant’s merchandise, fixtures, equipment and furnishings.
If this Lease is terminated, in whole or in part, pursuant to any of the provisions of this Article 25, all rents and other charges payable by Tenant to Landlord hereunder and attributable to the property taken, shall be paid up to the date upon which actual physical possession shall be taken by the condemnor, and the parties shall thereupon be released from all further liability in relation thereto.
A voluntary sale by Landlord to any public body or agency having the power of eminent domain, either under threat of condemnation or while condemnation proceedings are pending, or any taking by inverse condemnation, shall be deemed to be a taking under the power of eminent domain for the purposes of this Article 25.
26. ANNEXATION. Landlord reserves the right, by written notice to Tenant, to annex other real property to the parcel containing the demised premises at any time or from time to time during the term hereof, in which event all of the terms, covenants and provisions of this Lease relating to the demised premises, parking area, and common areas shall apply to said annexed real property. Tenant acknowledges that Landlord has made no representation or warranty with respect to the annexation of any parcel, or any portion thereof, or with respect to the type or nature of development, which may be constructed upon, said parcel, if any.
27. SUCCESSORS IN INTEREST. The covenants herein contained shall, subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators and assigns of the parties hereto; and all of the parties hereto shall be jointly and severally liable hereunder.
28. TENANT’S PERFORMANCE. In the event Tenant shall fail within any time limits which may be provided herein to complete any work or perform any other requirement provided to be performed by Tenant prior to the commencement hereof, or in the event Tenant shall cause a delay in the completion of any work, Landlord shall send Tenant written notice of said default and if said default is not corrected within ten (10) days thereafter, Landlord shall have the option of terminating this Lease by a written notice of termination and upon forwarding of said notice, this Lease shall cease and terminate.
29. FORCE MAJEURE. If either party hereto shall be delayed or prevented from the performance of any act required hereunder by reason of acts of God, strikes, lockouts, inability to procure materials, restrictive governmental laws or regulations or other cause without fault and beyond the control of the party obligated (financial inability expected), performance of such act shall be excused for a period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay; provided, however, that nothing in this Article 29 contained shall excuse Tenant from the prompt payment of any rental or other charge required of Tenant hereunder except as may be expressly provided elsewhere in this Lease.
Item Title: 12.1
Lease Agreement with Haun Professional, LLC c/o Amber Management, LLC for the Lease of Office Space Item Page Number: 12
Menifee Mayor and City Council May 18, 2022
INI_______ INI_______
11 30. PARTIAL INVALIDITY. If any term, covenant, condition or provision of this Lease is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereof.
31. MARGINAL CAPTIONS. The various headings and numbers herein and the groupings of the provisions of this Lease into separate Articles and paragraphs are for the purpose of convenience only and shall not be considered a part hereof.
32. TIME. Time is of the essence of this Lease.
33. SUBORDINATION. Upon the signing of this Lease, Tenant agrees to subordinate his/her right hereunder to the lien of any first mortgage or first deed of trust to any bank, insurance company, pension fund or any other lending institution, now or hereafter in force against the land and building of which the demised premises are a part, and upon any buildings hereafter placed upon the land of which the demised premises are a part, and to all advances made or hereafter to be made upon the security thereof.
In the event any proceedings are brought for foreclosure, or in the event of the exercise of the power of sale under any mortgage or deed of trust made by the Landlord covering the demised premises, the Tenant shall attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as the Landlord under this Lease.
The provisions of this Article to the contrary notwithstanding, and so long as Tenant is not in default hereunder, this Lease shall remain in full force and effect for the full term hereof.
34. OFFSET STATEMENT. Within ten (10) days after request therefore by Landlord, or in the event that upon any sale, assignment or hypothecation of the demised premises of the land thereunder by the Landlord, an offset statement shall be required from Tenant and Tenant agrees to deliver, in recordable form, a certificate addressed to any such proposed mortgagee or purchaser, or to the Landlord, certifying that this Lease is in full force and effect and that the term of this Lease has commenced (if such be the case), that there are no differences or offsets thereto (or stating those claimed by Tenant), and that Tenant knows of no defaults by Landlord hereunder, (or stating any such defaults known by Tenant).
35. EXAMINATION OF LEASE. Submission of this instrument for examination or execution by Tenant does not constitute a reservation of or an option for Lease, and it is not effective as a Lease or otherwise until execution and delivery by both Landlord and Tenant.
36. RELATIONSHIP OF PARTIES. The relationship of the parties hereto is that of Landlord and Tenant, and it is expressly understood and agreed that Landlord does not, in any way, nor for any purpose, become a partner in the conduct of Tenant’s business or otherwise, or a joint venture with Tenant, and the provisions of this Lease and agreements relating to rent payable hereunder are included solely for the purpose of providing a method whereby rental payments are to be measured and ascertained.
37. RIGHTS OF LENDERS. Notwithstanding anything to the contrary in this Lease, Landlord shall not be in default under any provision of this Lease unless written notice specifying such default is mailed to Landlord and to all mortgagees and/or trust deed holders of which Tenant has, prior to such notices, been notified in writing. Tenant agrees that any such mortgagee or trust deed holder shall have Item Title: 12.1
Lease Agreement with Haun Professional, LLC c/o Amber Management, LLC for the Lease of Office Space Item Page Number: 13
Menifee Mayor and City Council May 18, 2022
INI_______ INI_______
12 the right to cure such default on behalf of Landlord within thirty (30) calendar days after receipt of such notice. Tenant further agrees not to invoke any of its remedies under this Lease until said thirty (30) days have elapsed, or during any period that such mortgagee or trust deed holder is proceeding to cure such default with due diligence, or is taking steps with due diligence to obtain the legal right of entry as may be required to cure the default.
38. OPTION TO RENEW. In the event that Tenant shall not then be in default hereunder, Tenant shall have the right not earlier than one hundred eighty (180) days prior to the date of the expiration of the term of this Lease, and not later than ninety (90) days prior to the date of expiration of the term of this Lease, to renew the term of this Lease for an additional FIVE (5) YEARS from the date of expiration of the term of this Lease as outlined hereinafter. Such election shall be made by Tenant by serving upon the Landlord a notice in writing to the effect that Tenant elects to renew and extend the term of this Lease for such extended term. Except for the re-determination of rental in accordance with this paragraph, all terms and conditions of the original Lease agreement shall apply to any extended term.
During the extended term of this Lease, Tenant shall pay to Landlord as monthly rental for the demised premises the GREATER OF; (1) the monthly rental for the last month of the primary term of this Lease plus Lease year-end adjustments that would have been made had this Lease not expired (per Article 4 hereof), or (2) the amount equal to the then current market rental value of the space occupied, at the time of renewal, as determined by independent appraisal. Extended term rental amounts are to be adjusted annually, (adjustments to be made on the same anniversary date as they were made during the primary term of this Lease), as per Article 4 hereof. The above sums shall be paid in advance on the first day of each calendar month throughout the term of this Lease, in the same manner as set forth in Article 4A of this Lease.
The Security Deposit, as per Article 38 hereof, shall be increased, at the Landlord’s option, to an amount equal to not less than the amount of one months current rental (including adjustments as per Article 4 hereof), which is in effect at the time the Tenant elects to exercise the Option to Renew.
39. HOLDING OVER. Any holding over after the expiration of the term of this Lease, with the consent of Landlord, shall be construed to be tenancy from month to month, cancelable upon thirty (30) days written notice, and at a minimum monthly rental and upon the terms and conditions as existed during the last year of the term hereof, or any extensions thereof.
40. NOTICES. Wherever in this Lease it shall be required or permitted that notice and demand be given or served by either party to this Lease to or on the other, such notice or demand shall be given or served and shall be deemed to have been duly given or served unless in writing and forwarded by registered mail, addressed as follows:
TO LANDLORD: HAUN PROFESSIONAL, LLC
c/o AMBER MANAGEMENT, LLC
29826 Haun Rd Ste 305
Menifee, CA 92586
(951) 301-8835
Item Title: 12.1
Lease Agreement with Haun Professional, LLC c/o Amber Management, LLC for the Lease of Office Space Item Page Number: 14
Menifee Mayor and City Council May 18, 2022
INI_______ INI_______
13 TO TENANT: MENIFEE CITY HALL
29844 Haun Rd
Menifee, CA 92586
Either party may change such address by giving to the other written notice.
41. SCOPE OF AGREEMENT. This Lease, together with any Addendum to Lease, attached hereto and executed by Landlord and Tenant, if any, is and shall be considered to be the only agreement between the parties hereto, and all negotiations and oral agreements acceptable to both parties are included herein.
IN WITNESS WHEREOF, the parties have duly executed this Lease, together with the herein referred to Exhibits, if any, which are attached hereto, the day and year first above written.
LANDLORD TENANT
By:_______________________ By:_______________________ ATTEST:
_____________________________
City Clerk
Item Title: 12.1
Lease Agreement with Haun Professional, LLC c/o Amber Management, LLC for the Lease of Office Space Item Page Number: 15
Menifee Mayor and City Council May 18, 2022
Item Title: 12.1 Lease Agreement with Haun Professional, LLC c/o Amber Management, LLC for the Lease of Office Space Item Page Number: 16
Menifee Mayor and City Council May 18, 2022 Page 568 of 610
CITY OF MENIFEE
SUBJECT: Business License Ordinance Revision
MEETING DATE: May 18, 2022
TO: Mayor and City Council
PREPARED BY: Edna Aguilar, Management Aide
REVIEWED BY: Wendy Preece, Deputy Finance Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------
RECOMMENDED ACTION
1. Introduce an Ordinance, amending Chapter 5.01 of the City of Menifee Municipal Code, Business License and Registration Program
DISCUSSION
Chapter 5.01 of the City of Menifee Municipal Code, Business License and Registration Program, provides necessary regulation for entities conducting business within the City of Menifee to protect the public health, safety, and welfare of the City residents. Chapter 5.01 was most recently updated on July 17, 2019 to provide a clearer direction on specific areas such as, exemptions, partial exemptions, and special events.
At the December 15, 2021, City Council meeting, staff initiated the introduction and first reading of an Ordinance amending Chapter 5.01 of the City of Menifee Municipal Code, Business License and Registration Program, to reflect additional updates/revisions. The City Council received a presentation of the proposed revisions/updates (summarized below) and requested additional revisions be made to the proposed ordinance, as well as requesting a continuation to an upcoming City Council meeting.
Proposed Revisions/Updates to Business License Ordinance In alignment with the City’s Strategic Goal No. 1: Safe and Attractive Community, the objective of revising and updating the current business license ordinance is to ensure the overall safety of City businesses and residents by establishing a fair and equitable method of licensing various business types. Over the last several months, staff has worked closely with the City Attorney’s office and specifically the Menifee Police Department in reviewing the current Business License and Registration Program for additional updates.
Item Title: 12.2 Business License Ordinance Revision
Item Page Number: 1
Menifee Mayor and City Council May 18, 2022
City of Menifee Staff Report
Business License Revision
May 18, 2022
8 3
5 The most significant updates incorporated into the proposed revised ordinance presented for consideration are as follows:
1. Identification of “Special Business Types” and implementation of additional licensing requirements for “Special Business Types” such as completion of a background investigation prior to business license issuance. “Special Business Types” include, but are not limited to:
Adult Businesses
Auctions and Auctioneers
Antique Dealers
Auto Dismantlers
Bail Bond Enforcement
Bingo Games, Organizations or Parlors
Card Rooms
Dance Facilities
Handyman (Unless licensed by the State)
Home tutors or educators (unless otherwise exempt)
Maid, carpet cleaning, janitorial or house cleaning
Massage businesses
Mobile auto repairs
Mobile or itinerate food sales
Motorcycle sales, including new and used parts
Pool halls
Private Security Company (Unless licensed by the State) Purchase or sales of metals, including scrap metals
Repossession or storage of autos
Secondhand stores & Pawnshops
Solicitors
Weapons and arms dealers & sales of gun powder
2. Re-instatement of a business license after closure.
3. 100% fee waiver for Veterans of the US Armed Forces.
The expansion/addition of the “Special Business Types” would help promote safety within the Menifee community by incorporating background checks as a prerequisite in obtaining a business license for those business types which have more direct in-home contact with customers and/or the nature of the business itself.
In an effort to incorporate revisions with an understanding from both a regulatory and business perspective, the revised business license ordinance was reviewed across various departments, including Community Development, Building & Safety, Public Works/Engineering, Economic Development, Menifee Police Department. The revised ordinance was also reviewed by the Menifee Chamber of Commerce. Updates/revisions as requested at the December 15, 2021 City Council Meeting were incorporated into the final version as presented.
Item Title: 12.2 Business License Ordinance Revision
Item Page Number: 2
Menifee Mayor and City Council May 18, 2022
City of Menifee Staff Report
Business License Revision
May 18, 2022
8 3
5 STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community
FISCAL IMPACT
The general existing business license fee structure, including renewals, in place would not change by adoption of the proposed ordinance, and therefore, there is no fiscal impact.
ATTACHMENTS
1. Revised Business License Ordinance (Clean)
2. Revised Business License Ordinance (Redlined)
Item Title: 12.2 Business License Ordinance Revision
Item Page Number: 3
Menifee Mayor and City Council May 18, 2022
ORDINANCE NO. _________
AN ORDINANCE OF THE COUNCIL OF THE CITY OF MENIFEE AMENDING CHAPTER 5.01 ESTABLISHING A BUSINESS LICENSE PROGRAM
WHEREAS, the California Legislature is empowered by the California Constitution to authorize local governments to regulate businesses; and WHEREAS, the City Council of the City of Menifee (“City Council”) previously added Chapter 5.01 to the City of Menifee Municipal Code (“Municipal Code” or “Code”) to permit the City to license lawful business transacted in the City of Menifee (“City” or “Menifee”); and WHEREAS, special business types require special investigation, review, and/or regulation in order to ensure the protection of public health, safety, and welfare of the community; and WHEREAS, the City Council desires to amend and revise existing portions of Chapter 5.01 of the Municipal Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE HEREBY ORDAINS AS FOLLOWS:
SECTION 1.Chapter 5.01 BUSINESS LICENSE AND REGISTRATION PROGRAM is replaced in its entirety within the Municipal Code with Exhibit 1 attached hereto.
SECTION 2. All ordinances and resolutions, or parts thereof in conflict with this Ordinance are hereby repealed.
SECTION 3. The City Manager is directed to take all necessary steps to give effect to this Ordinance. If necessary to facilitate the implementation of this Ordinance, the City Manager or his or her designee is authorized to make technical adjustments to the election district boundaries that do not substantively affect the populations in the districts, the eligibility of candidates, or the residence of elected officials within any district. The City Manager shall consult with the City Attorney concerning any technical adjustments deemed necessary and shall advise the City Council of any such adjustments required in the implementation of the districts.
SECTION 4. 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, then such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Menifee hereby declares the Council would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, sub-divisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional, invalid, or ineffective.
SECTION 5. This Ordinance shall become effective 30 days after adoption.
SECTION 6. The Mayor shall sign this ordinance and the City Clerk shall attest and certify to the passage and adoption of this Ordinance and cause this Ordinance to be published using the alternative summary and posting procedure authorized under Government Code Section 36933.
Item Title: 12.2 Business License Ordinance Revision
Item Page Number: 4
Menifee Mayor and City Council May 18, 2022
THE FOREGOING ORDINANCE IS PASSED, APPROVED, AND ADOPTED by a vote of no less than a majority of City Council at a regular meeting of the City Council of the City of Menifee held on the _______ day of _______________, 2022. _______________________________
Bill Zimmerman
Mayor
APPROVED AS TO FORM:
_______________________________
Jeffrey T. Melching
City Attorney
ATTEST:
_______________________________
Sarah Manwaring
City Clerk
Item Title: 12.2 Business License Ordinance Revision
Item Page Number: 5
Menifee Mayor and City Council May 18, 2022
EXHIBIT 1
CHAPTER 5.01 ESTABLISHING A BUSINESS LICENSE PROGRAM
Section:
5.01.010 Purpose and authority
5.01.020 Definitions
5.01.030 Evidence of doing business
5.01.040 Business license required
5.01.050 Fees
5.01.060 Exemptions; filing claim of exemption
5.01.070 Additional license requirements for massage businesses
5.01.080 Additional license requirements for door-to-door solicitation
5.01.090 Additional license requirements for special business types
5.01.100 Business license requirements for all businesses
5.01.110 Business license; annual renewal
5.01.120 Compliance with other laws and regulations
5.01.130 Issuance, form and content of license
5.01.140 Grounds for business license denial
5.01.150 Grounds for license revocation
5.01.160 License reinstatements
5.01.170 Refunds
5.01.180 Posting of license
5.01.190 Transfer of business license
5.01.200 Duplicate license
5.01.210 Inspections and enforcement
5.01.220 Acceptance of this chapter
5.01.230 Powers and duties of the Finance Department
5.01.240 Unlawful business
5.01.250 Appeal
5.01.260 Violation; penalty
§ 5.01.010 PURPOSE AND AUTHORITY.
The purpose of this chapter is to provide for necessary regulation and provide a record system of businesses being conducted within the City of Menifee for the purpose of protecting the public health, safety, and welfare of City residents, as follows:
(A) Ensure that each business is conducted in compliance with applicable federal, state and local laws, regulations and ordinances.
(B) This chapter provides a means of identification and regulation for almost all businesses operating within the City in order to develop a list of all businesses and valuable information which may be used by emergency responders, community development, building and safety, and economic development personnel and the public.
(C) This chapter specifically covers businesses which may require additional licensing investigations, such as massage businesses and establishments and others as may be designated from time to time.
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(D) Approval and issuance of a business license shall be contingent on full compliance with, including but not limited to, applicable Municipal Code requirements, including all Fire Code, Building Code, Police and Zoning Code requirements and regulations. (E) This chapter establishes a business license program and not a business license tax. This chapter 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 and mandatory State CASp fee(s) associated with processing an application for the issuance or renewal of a business license. No fee charged under the provisions of this ordinance shall be construed as a business license tax. (F) This chapter is enacted pursuant to Business and Professions Code sections 460 and 16000 and article XI, section 7 of the California Constitution.
§ 5.01.020 DEFINITIONS.
For the purposes of this chapter, the following words and phrases shall have the following meanings:
ADULT BUSINESS. Any business establishment or concern which as a regular and substantial course of conduct sells, distributes, promotes, offers to its patrons, displays, advertises, rewards with, allows the performance of sexually oriented material, sexually oriented merchandise, and sexually oriented entertainment or any other products, services, or entertainment characterized by an emphasis on matters depicting, describing or relating to sexual uses or activities but not including those uses or activities, the regulation of which is preempted by State law. “Sexually oriented business” shall also include any establishment which, as a regular and substantial course of conduct, provides or allows performers, models, or employees to appear in any place in lingerie. For the purposes of this section, a business establishment or concern has established the provision of products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical parts as a regular and substantial course of conduct when one or more of the following conditions exist:
(1) The area devoted to adult merchandise and/or sexually oriented material exceeds more than 15 percent of the total display or floorspace area open to the public. (2) The business or concern presents any type of live entertainment characterized by an emphasis on specified sexual activity or specified anatomical parts, at least four times in any month in any given year.
(3) The regular and substantial course of conduct of the business consists of or involves the sale, trade, display or presentation of services, products, or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.
APPLICANT. The person engaging in the business or such person's duly authorized representative.
BUSINESS. Means and includes professions, trades, vocations, enterprises, establishments, occupations, and all and every kind of calling, any of which are advertised, conducted, transacted , or carried on for the purpose of earning in whole or in part a profit 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 whether or not the business' principal physical address is located within the City. A person shall not be deemed to be engaged in business solely by reason of receipt of dividend or interest income from passive investments. This definition also includes businesses that are operated at a fixed physical location and those that are operated on a mobile basis by a mobile-operator as defined herein. Any person or entity within the City that utilizes a hosted Item Title: 12.2 Business License Ordinance Revision
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online platform to obtain payment for goods or services must comply with the business license requirements of this chapter. Subcontractor and sub-consultant business entities shall be subject to the business license requirements of this chapter.
CASp FEE. The mandatory state fee as enacted by Senate Bill (SB) 1186 and amended by Assembly Bill (AB) 1379, collected in addition to the City's base registration and business license fee, intended to increase disability access and compliance with construction-related accessibility requirements and to develop education resources for business to facilitate compliance with federal and state disability laws, as specified.
CITY. The City of Menifee, a municipal corporation of the state of California.
DISABLED. A person with a long-lasting physical, mental, or emotional condition. This condition can make it difficult for a person to do activities such as walking, climbing stairs, dressing, bathing, learning, or remembering. This condition can also impede a person from being able to go outside the home alone or to work at a job or business.
EMPLOYEE. Either:
(1) Any person engaged or employed by any business which business withholds, or is required to withhold, compensation for the purpose of paying state or federal taxes as required by the Franchise Tax Board or Internal Revenue Service; or
(2) Any person who is regarded as the employee of any business for purposes of the Workers Compensation laws of the State of California, including, without limitation, an agent working for, or engaged by, a real estate broker and which business is subject to the provisions of this chapter.
HOME OCCUPATION. Any occupation or business use, full- or part-time, conducted within a dwelling by a resident of the property. Use must be consistent with Menifee Municipal Code Title 9 and incidental to the residential use of the dwelling, which does not change the character of the surrounding area by generating more traffic, noise or storage of material than would be normally associated with a residential zone. A non-resident person cannot operate, be an agent, or employee of a home occupation business.
MOBILE FOOD FACILITY and MOBILE FOOD VENDOR. A mobile operator that sells or vends food, including ice cream.
MOBILE OPERATOR. Those businesses that are operated on a mobile basis utilizing a motor vehicle to visit customer locations to conduct business within the City. Examples of business that may constitute mobile operators, depending on the circumstances, include mobile, automobile, or other motor vehicle washing; pest control services; 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 servicing; and taxi cabs, limousines or shuttles (as otherwise allowed by law). Mobile operator does not include sidewalk vendors.
MOBILEHOME PARK. A Mobilehome Park for purposes of this chapter shall have the same meaning as that defined in Health and Safety Code section 18214 as that section may be amended from time to time.
NON-PROFIT OR CHARITABLE ORGANIZATION. Any organization or entity considered exempt pursuant to IRS section 501 and/or California State Tax section 23701d.
PEDDLING. Any selling of merchandise which is transported from place to place in the course of approaching prospective customers or selling merchandise or services from door to door. A "peddler" Item Title: 12.2 Business License Ordinance Revision
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is a person who engages in peddling. Peddling shall not include sidewalk vending or relate to sidewalk vendors.
PERSON. All domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, common law trusts, societies, and individuals advertising, conducting, transacting or carrying on any lawful business within the City other than as an employee.
Person and persons shall also include the operator of a festival, fair, farmers' market, special event or similar event for which one person (the "organizer") obtains required permits and licenses and which includes other persons who sell or offer to sell goods and/or food at the event ("purveyors") through contract with the organizer or otherwise.
PERSONALLY IDENTIFIABLE INFORMATION (PII). In respect to Transportation Network Companies shall mean individually identifiable information about an individual driver collected by the local jurisdiction from that individual, including, but not limited to, all of the following:
(1) A first and last name.
(2) A residential address, including a street and City name. (3) An email address.
(4) A telephone number.
(5) A social security number.
(6) Driver income or tax information.
RECREATIONAL VEHICLE (RV) PARK. means a tract of land upon which two (2) or more recreational vehicle sites are located, established, or maintained for occupancy by recreational vehicles of the general public as temporary or permanent living quarters for recreation or vacation purposes by campers, vacationers, or travelers.
RETAIL GREENHOUSES. 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 Commissioner pursuant to California Food & Agricultural Code section 6701 et seq. and any applicable state regulations promulgated thereto.
RETAIL NURSERIES. All commercial nurseries 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 Commissioner pursuant to California Food & Agricultural Code section 6701 et seq. and any applicable state regulations promulgated thereto.
SEXUALLY ORIENTED ENTERTAINMENT. Any type of live or pre-recorded performance, display, or the furnishing, providing, or procuring of figure models who pose in any manner which is characterized by its emphasis on matter depicting, describing or relating to sexual activities or anatomical parts, including films, motion pictures, videocassettes, slides or other photographic reproductions.
SEXUALLY ORIENTED MATERIAL. Any element of adult merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, or other visual representation, characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical parts.
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SEXUALLY ORIENTED MERCHANDISE. Sexually oriented implements and paraphernalia, which are designed or marketed primarily for the stimulation of sexual activity.
SIDEWALK VENDOR. A person(s) who sells food or merchandise from a sidewalk vending receptacle or from one's person, upon a public sidewalk or pathway.
SOLICITOR. 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 taking 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 or she 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” and “door-to-door solicitor.” This provision does not include noncommercial activities.
SPECIAL BUSINESS TYPES. Special business types are those listed under Section 5.01.080 and are so listed because of their operation, clientele, or other factors related to the business, require special investigation, review, and/or regulation in order to ensure the protection of public health, safety, and welfare of the community.
SPECIAL EVENT. An activity or series of activities, specific to an identifiable time and place, produced in conjunction with community organizations often held on public property, and which typically occur on a one-time basis or as an annual event. Such events may include but are not limited to weddings, street closures, filming, protests and rallies, block parties, fundraisers, street parties, runs, races, walks, and other community events. SPECIAL EVENTS may occur on streets and/or sidewalks, parks, and other City-owned property. For the purposes of this chapter, SPECIAL EVENTS shall not include privately sponsored events that are located on or in a rented City facility.
SUBCONTRACTOR and SUB-CONSULTANT. A business or person who is awarded a portion of an existing contract by a principal or general contractor of consultant.
TAXI CABS. A car licensed to transport passengers in return for payment of a fare, usually fitted with a taximeter, which is separate and distinct from a TNC business, as defined below.
TRANSPORTATION NETWORK COMPANY (TNC). A ride sharing service that connects persons in need of transportation with vehicle drivers (such as Uber, Lyft, Sidecar, etc.) TNC entities which reside within the City and operate more than 30 days within the preceding calendar year are subject to the business license and registration requirements of this ordinance. Personal identifiable information (PII), submitted by TNC entities shall not be disclosed on a publicly accessible Internet website pursuant to California Business and Professions Code section 16550 et seq., "The Passenger Charter-party Carriers' Act."
VETERAN. All individuals who have served (even for a short time), but are not currently serving, on active duty in the U.S. Army, Navy, Air Force, Marine Corps, or Coast Guard, or who served in Item Title: 12.2 Business License Ordinance Revision
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the U.S. Merchant Marine during World War II. People who served in the National Guard or Reserves are classified as VETERANS only if they were ever called or ordered to active duty, not counting the four to six months required for initial training or yearly summer camps.
VETERAN-OWNED BUSINESS and DISABLED VETERANS BUSINESS ENTERPRISES (DVBE). A business certified by the U.S. Department of Veterans Affairs (VA) as a veteran-owned small business (VOSB) or service-disabled veteran-owned small business (SDVOSB), or a business certified by the State of California as a DVBE.
§ 5.01.030 EVIDENCE OF DOING BUSINESS.
(A) The following circumstances shall be considered evidence that a person is conducting business in the City:
(1) The report by reliable persons or other governmental agencies that the person is conducting business in the City;
(2) Where any person, by use of any sign, circular, card, brochure, telephone book, magazine, newspaper, website, electronic media or other publication, advertises, holds out or by any other means represents that the person is in business in the City;
(3) When any person holds an active license or permit issued by a governmental agency indicating that the person is doing business in the City; (4) The filing of fictitious business name statement or be in the possession of a resale number issued by the state board of equalizations or the California Department of Tax and Fee Administration; (5) Deliver, distribute, supply, manufacture, sell at retail or wholesale, or provide a service or generate revenue in any manner within the City.
(B) Notwithstanding any other provision to the contrary, a person may provide the Finance Department with a sworn statement (acceptable in form to the City) attesting that such person is not conducting business in the City. Such sworn statement shall be considered in determining if a license is required.
§ 5.01.040 BUSINESS LICENSE REQUIRED.
(A) Unless otherwise exempt, every person conducting or carrying on a business as defined in this chapter anywhere in the City, including mobile and delivery businesses with headquarters located outside of the City that perform services, sales, or deliveries within the jurisdiction of the City, shall do the following:
(1) Complete and file the appropriate forms with the City and pay the applicable fee (including an inspection fee where required) for securing a business license. (2) Secure a separate business license for each physical location (including branch establishments) of a business and for each separate business carried on at the same location, including booth rentals.
(3) Complete a background investigation if applying for a business license under a special business type.
(B) A business license is required of all businesses rendering services to or on behalf of the City of Menifee as a municipal agency.
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§ 5.01.050 FEES.
Prior to conducting any business, each person shall pay all business license fees as determined by the City Council. Business license fees shall be prorated quarterly at the time that the business license is issued based on current fee schedule adopted by the City Council. In addition, the City Council shall set fees for Fire, National Pollutant Discharge Elimination System, Menifee Police Department along with any other regulatory inspections, penalties and supplemental license fees for specific businesses (e.g., massage).
(A) Eligible reduced fee businesses.
(1) U.S. veterans. A 100% reduction of the base fee and State CASp only will be granted to a veteran of the U.S. armed forces with proof of honorable discharge. (B) Eligible reduced fee businesses for Menifee Based Businesses and residents. (1) Seniors. A 50% reduction of the base fee only will be granted to Senior Citizens (62 and older) with proof of age. Business must be based in Menifee and owner must reside in Menifee. (2) Disabled. A 50% reduction of the base fee only will be granted to a disabled person with proof of SSDI/SSI. Business must be based in Menifee and owner must reside in Menifee. (C) One-day special event vendors. Out-of-City vendors qualify for a one -day special event license for a reduced fee as adopted by the City Council. This fee will only cover the community event date referred to on submitted and approved application.
§ 5.01.060 EXEMPTIONS; FILING CLAIM OF EXEMPTION.
(A) Business license exempt businesses. The following exempt businesses shall not be required to submit for or obtain a business license:
(1) Café musicians. Any person meeting the definition of café musician under California Business and Professions Code section 16000.5.
(2) Businesses exempted by 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 from the payment of such regulatory business license fees charged pursuant to this ordinance or otherwise exempt from the requirements for licensing hereunder. (3) 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 own residential premises, which sales may not be conducted during more than four 72-hour periods per year. Any sales proposed to occur more frequently will require land use and zoning approval through a temporary use permit (or other permit) as well as a business license. (4) Part-time occupants. The provisions of this chapter shall not apply to any natural person under the age of eighteen or over the age of 65 engaged in any part-time occupation of less than 400 hours a year.
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(5) Sidewalk and roadside vendors. As defined within Chapter 5.70 of the Menifee Municipal Code, vendors are regulated under Chapter 5.70 and, in order to qualify for an exemption hereunder, a vendor must meet each regulation set forth therein. (6) Teachers or tutors. For the teaching of musical, artistic or educational subjects when the following conditions exist: (1) the teaching is done at the residence of the pupil; and (2) the teacher/tutor employs no assistants, does not display an advertising sign at the residence, and does not make a general practice of selling merchandise in connection with the teaching or tutoring.
(7) Transportation network company (TNC). TNC entities which reside in the City of Menifee but operated less than 30 days in the preceding calendar year and TNCs that do not reside within the City of Menifee are exempt from the business license requirement pursuant to California Business and Professions Code section 16550 et seq., "The Passenger Charter- party Carriers' Act."
(B) Fee exempt businesses. The payment of business license fees contained in this ordinance shall not be required for the following exempt businesses. However, a City license is still required. (1) Residential care facilities. Residential care facilities which serve six or fewer persons shall not be subject to local registration fees.
(2) Domestic household help. 1) Any person in the employ of an individual homeowner; or 2) a baby sitter caring for a total of eight or fewer children, including the sitter's own children, at a given address. Persons engaged in domestic household help must still comply with all federal and state requirements regarding applicable registration and certifications. (C) Business license fee exempt businesses. The payment of business license fees contained in this ordinance shall not be required for the following exempt businesses as long as a claim of exemption is filed with the City. Exemption from the business license fee will not exempt the business from the mandatory state CASp annual fee, subject to change per state regulations. (1) Banks and financial institutions. Any state or national bank which pays an "in lieu" tax provided for in article 13, section 27 of the California Constitution. (2) Commercial travelers/wholesale salesmen. Any commercial traveler whose business is limited to goods, wares, and merchandise sold or dealt in at wholesale within the State of California, and as defined and described in Business and Professions Code section 16002.
(3) Churches, temples or other places of worship. Churches, temples or other places of worship, to the extent their use is exclusively for the exercise of religion. This exemption shall not apply to other activities which are not undertaken for the exercise of religion, including, but not limited to, day schools, social service programs, and church-owned or operated business enterprises.
(4) Eligible military personnel. Pursuant to California Business and Professions Code sections 16000.7, 16001, 16001.5, 16001.7, and 16102, every soldier, sailor or marine of the United States who has received an honorable discharge or a release from active duty under honorable conditions from such service may hawk, peddle and vend any goods, wares or merchandise owned by him, except spirituous, malt, vinous or other intoxicating liquor, and shall be exempted from the business license fee. Every such honorably discharged person claiming exemption under the provisions of this chapter shall exhibit to the City their honorable discharge, or a certified copy thereof, together with a certificate signed by a licensed Item Title: 12.2 Business License Ordinance Revision
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physician, setting forth the physical disabilities of such honorably discharged or honorably released person, and stating whether, in the opinion of such physician, the disabilities render such person physically unable to obtain a livelihood by manual labor. (5) Insurance companies. Any insurer which pays an "in lieu" tax provided for in article 13, section 28 of the California Constitution. As used herein, "insurer" does not include insurance brokers.
(6) Non-profit organizations. Non-profit organizations conducting occasional, seasonal, or sporadic sales or other business for fundraising purposes whether or not a temporary use permit is required. This exemption shall not apply to promoters employed by such non-profit institutions, corporations, organizations, or associations. (7) Real estate auctioneers. Any real estate auctioneer whose permanent place of business is not within the City, and who is defined and described in California Business and Professions Code section 16002.1.
(8) Blind vending facility operator. Any blind vending facility operator who qualifies via registration with the California Business Enterprises Program shall have their business license fee waived pursuant to Welfare & Institutions Code section 19633. (D) Claim of exemption.
(1) A claim of exemption shall be filed with the Finance Department by an entity claiming to be exempt on a form provided by the City. There shall not be a fee for filing such a claim of exemption. The claim of exemption shall be filed at the time in which the original application is submitted. The claim of exemption must be submitted annually at the time of business license renewal and must be accompanied by the mandatory State CASp annual fee and renewal application.
(2) The City may revoke the exemption privilege granted pursuant to the provisions of this section upon information that the licensee is not entitled to the exemption or is in violation of any applicable law or regulation related to the business or property upon which the business is located.
(3) No person shall conduct any business activities unless that person is in possession of an effective business license or written approval from the City for an exemption. § 5.01.070 ADDITIONAL LICENSE REQUIREMENTS FOR MASSAGE BUSINESSES.
Before obtaining a business license, and as a condition of renewal and/or continuation of such business license, all massage businesses and establishments, as defined in Chapter 5.45 of this Code, shall comply with the requirements of that chapter. The City Council by resolution may set additional appropriate fees for such massage business licenses. Prior to obtaining a massage business license, a valid conditional use permit (CUP) must be active at the site of the proposed massage business or establishment. CUPs may contain a condition indicating that violations of any provision of this Chapter 5.01, Chapter 5.45, or any other provision of this Code, state, or federal law, will subject the CUP to revocation. A revocation of any CUP allowing for the operation of a massage business or establishment shall prohibit a new CUP from being approved for a massage business or establishment at the same location for five (5) years.
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§ 5.01.080 ADDITIONAL LICENSE REQUIREMENTS FOR DOOR-TO-DOOR SOLICITATION.
Before solicitors may obtain a business license, and as a condition of renewal and/or continuation of such business license, all solicitors, as defined, shall comply with the requirements of this Code. The City Council by resolution may set additional appropriate fees for such door-to-door business licenses.
If a business is required to obtain a business license for commercial activity within the City pursuant to this chapter and conducts such business in a manner that also meets the definition of solicitor under this chapter, the business must obtain a license for both the commercial activity and the door-to-door solicitation business.
§ 5.01.090 ADDITIONAL LICENSE REQUIREMENTS FOR SPECIAL BUSINESS TYPES Under this division, the Chief of Police or his/her designee shall investigate the background of the owner and persons managing or supervising the business as deemed appropriate. Such investigation is consistent with the City’s land use authority and police powers to ensure the public health, safety, and welfare of the public. Applicants applying a for a license under a special business type shall be fingerprinted and photographed and consideration shall be given to the criminal record, if any, the business responsibility of the firm and the owner (such as previous license revocations, denials, or citations). The City Council by resolution may set additional appropriate fees for fingerprinting services.
The following enterprises or activity types, including any independent contractors conducting the below activity, are designated as special business types:
Adult Businesses
Auctions and Auctioneers
Antique Dealers
Auto Dismantlers
Bail Bond Enforcement
Bingo Games, Organizations or Parlors
Card Rooms
Dance Facilities
Handyman (Unless licensed by the State)
Home Tutors or Educators (Unless Otherwise Exempt)
Maid, Carpet Cleaning, Janitorial or House Cleaning
Massage Businesses
Mobile or Itinerate Food Sales
Motorcycle Sales, Including New and Used Parts
Pool Halls
Private Security Company (Unless Licensed by the State) Purchase or Sales of Metals, Including Scrap Metals
Repossession or Storage of Autos
Secondhand Stores & Pawnshops
Solicitors
Weapons and Arms Dealers & Sales of Gun Powder
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The special business types listed above require special investigation, review, and/or regulation because:
1. The tendency of certain categories of enterprises to engage, whether intentionally or unintentionally, in the promotion of crime;
2. The tendency of certain categories of enterprises to be placed where criminal activity is heightened;
3. The patrons of certain categories of enterprises are vulnerable to fraudulent charging or other practices;
4. Certain categories of enterprises create health or safety risks which require special regulation; and
5. Certain categories of enterprises require access to private property, particularly residential property, or frequent residential neighborhoods, generating high risks to the safety of persons and property.
§ 5.01.100 BUSINESS LICENSE REQUIREMENTS FOR ALL BUSINESSES.
Any business not explicitly exempt per this chapter and located within City of Menifee boundaries as well as any business located out-of-City doing business within the City of Menifee boundaries shall file an application for a business license utilizing a form provided by the City. The application shall not be deemed filed unless the form has been filled out completely and accurately by the applicant and paid all applicable fees including but not limited to additional fees for additional inspections, late application or failure to register. By signing the application, the applicant agrees to be bound by all provisions of this chapter, including but not limited to those providing for access for inspections. (A) The application shall contain all of the following information:
(1) The business's name, DBA, physical address, mailing address, phone number, fax number, email address, parcel number, start date, and ownership type; (2) If a business ownership type requires a FEIN (Federal Employee Identification Number), one shall be provided;
(3) The applicant's name, address, telephone numbers (home, business and mobile), email and fax number; and the name of a person authorized to accept service of process; (4) The name, telephone number and address of the person to notify in the event of an emergency; (5) If the business is advertised to the public by name or designation other than the legal name of the applicant, that name or designation and proof of filing and publishing of a fictitious business name statement;
(6) The State Board of Equalization or The California Department of Tax and Fee Administration Resale certificate if a resale certificate is required by the State Board of Equalization or the California Department of Tax and Fee Administration;
(7) A detailed description of the nature of the business (including both current and future uses must be disclosed), including, but not limited to, a listing of all federal, state, county and other required permits or licenses, including any state permit or license number and category (e.g. contractors); Item Title: 12.2 Business License Ordinance Revision
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(8) Evidence that any and all state, federal and/ or county permits or certificates required to conduct the applicable business or profession have been lawfully acquired. No application shall be deemed final until adequate evidence of such permits or certificates have been shown; (9) An assessment of the possible regulatory compliance of the business, including but not limited to, specific information regarding storage of materials, disposal of materials, fire risk, use of hazardous materials, type of services provided and specifically whether such services include massage, mobile operators, sidewalk vendors, or other businesses which may be determined to have additional regulatory requirements;
(10) Any other information necessary to determine appropriate regulatory requirements applicable to the business or deemed necessary by the City; and (11) The signature of the applicant or corporate agent 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 that the applicant or corporation is responsible for all applicable fees. (B) By signing the application, the applicant and business agree to be bound by all provisions of this chapter, including but not limited to the provisions for inspection. (C) Approval of license is contingent on the written verification from the Building and Safety, Police, Community Development, Fire and other departments as needed. (D) The license shall be deemed null and void if the license application contains any false or misleading information. It shall be considered a violation of this Code, punishable as set out herein, to intentionally give any false or misleading information on the application. (E) Notwithstanding the requirements of the California Public Records Act, the information requested by subdivisions (2) and (4) of subsection (A) of this section and any personally identifiable information deemed confidential under Business and Professions Code section 16550 et seq. shall be, to the extend allowed by law, considered confidential and will not be made available to the public. § 5.01.110 BUSINESS LICENSE; ANNUAL RENEWAL.
(A) A business license must be obtained by any business , unless explicitly exempt in this chapter, before commencing business in the City.
(B) The first business license obtained by a business shall be valid through December 31 of that year no matter what date it was obtained.
(C) Thereafter, business license shall be valid from January 1 or the date of renewal issuance, whichever is last, through December 31 of each year.
(D) The business license shall be renewed annually by the filing of a renewal application on a form provided by the City, accompanied by payment of the appropriate fee, if applicable, not more than 60 calendar days prior to the expiration of the current license. The renewal application and fee shall be delinquent after December 31 of each year. Any License Fee that becomes delinquent for more than 60 calendar days will automatically be subject to applicable penalties. (E) The City may send a courtesy notice of renewal to each person holding a business license approximately 60 days before December 31 of each year (i.e., by the beginning of November of each year). Any notice shall be mailed to the business mailing address set out in the application and shall remind the person of the requirement to renew their business license and how to do so. Failure of the City to send or the person to receive a renewal notice does not waive the renewal requirement.
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(F) A business license will close and renewals on said account will no longer be accepted on or after June 1st of the year following the expiration date, if renewal application and payment is not received.
A license may be subject to the reinstatement process, which requires payment of any reinstatement fees, if applicable.
(G) All business license renewal applications submitted after the effective date of this chapter shall comply with all requirements in this chapter unless otherwise exempted. § 5.01.120 COMPLIANCE WITH OTHER LAWS AND REGULATIONS.
(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 governmental statute, ordinance, public or private rule or regulation, or CC&R's, nor shall the issuance of a business license be construed as permitting a home occupation or business in a zone or land use district where such businesses are otherwise not permitted.
(B) In any trade or profession where an additional City, county, state or federal license or permit is required, such license or permit shall first be exhibited to the Finance Department before a City business license will be issued. Specifically, a mobile food vendor or mobile food facility selling food will be required to comply with County Department of Environmental Health Services requirements, including but not limited to County Ordinance No. 580, as it may be amended from time to time.
However, the City is not responsible for verifying or confirming the validity of any other license, permit or requirement.
(C) A home occupation business license shall not be issued until an applicant has obtained all necessary City land use entitlements or City building permits to operate the business at its location. In applying for a building permit or other entitlement for a business, the applicant shall provide the business license account number. Notwithstanding anything to the contrary, this subsection shall not act to waive any CC&R requirements which must be met separately. § 5.01.130 ISSUANCE, FORM AND CONTENT OF LICENSE.
(A) A license will not be issued until an application has been completed and filed with the City, all applicable fees have been 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 20 working days of receipt of the completed application with all supporting documentation. If a license is not issued within 20 working days of the receipt of the application, the applicant shall be informed of the reason(s) why the license has not yet been issued or will not be issued.
(B) The issuance of a business license shall not be deemed evidence that a person, 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 has been issued all permits or certificates which otherwise may be required. (C) A business license shall be prepared and issued upon approval by the Finance Department. (D) 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;
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(3) The date of the issuance of the license;
(4) The expiration date 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 Council or Finance Department shall deem appropriate.
§ 5.01.140 GROUNDS FOR BUSINESS LICENSE DENIAL.
A business license of any type or renewal of a license of any type may be denied or revoked for any of the following reasons, including, but not limited to:
(A) The application is not on the form provided or does not contain the required information; (B) The application or supplementary submitted information contains materially false or incorrect information;
(C) Noncompliance with requirements of this chapter, the Menifee Municipal Code or otherwise applicable regulations;
(D) The vehicle to be used in the business is inadequate or unsafe for the purpose for which it is to be used, or the building or structure where the business is located does not comply with all laws; (E) The business would interfere with or unreasonably obstruct the free flow of vehicular traffic, with other means of travel on any public street, or with pedestrian traffic on the sidewalks; (F) Appropriate permits for the business have not been obtained from the state, county or City; (G) The conduct of the business or activity will be contrary to law; (H) The conduct of the business or activity will interfere with the preservation of peace, health, safety or welfare of the public;
(I) The business does not comply with applicable Community Development, Building and Safety, Fire, and/or Police requirements and/or other regulations; (J) The applicant failed to provide the requested information in connection with the application submitted to the City, preventing the Chief of Police from making his or her determination as to suitability to conduct or work at the business;
(K) Based on facts and circumstances discovered by the background investigation which indicate acts of deceit, fraud, or other acts of moral turpitude and the applicant’s statements on the business license application, the Chief of Police or their designee reasonably determines that the applicant would not conduct the business enterprise in a law-abiding manner or would conduct the business in a manner that would subject patrons of the business enterprise to risk of harm or criminal, deceitful or otherwise unethical practices:
1. A general or limited partnership or a partnership which possesses an ownership interest in the enterprise;
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directors or stockholders to whom the requirements of this section would apply if the partnership or corporation were the sole owner of the enterprise;
3. A sole proprietor when the enterprise is a sole proprietorship;
4. A director, when either a commercial or non-profit corporation possesses an ownership in the business; or
5. A member of a governing body or other board or committee to which management is entrusted, when an unincorporated association possesses an ownership interest in the business; or
6. A president, general manager, vice-president, chief assistant manager, secretary, treasurer or any officer with equivalent or similar authority employed or retained by the firm possessing an ownership interest in the business;
(L) That a basis for denial of the license as authorized by this Code exists, including, but not limited to, provisions governing adult oriented businesses, massage establishments, card rooms, and bingo halls;
(M) Notwithstanding such information in this subsection, an application shall not be denied solely on the basis that a person has been convicted of a felony if the person has obtained a certificate of rehabilitation under Penal Code section 4852.06 et seq., or that the person has been convicted of a misdemeanor if the person has met all applicable requirements of the criteria of rehabilitation developed to evaluate the rehabilitation of a person when considering the denial of a license under Penal Code section 4852(6);
(N) The applicant has previously had their license revoked pursuant to this Code and the applicant is applying for a new business license for the same or another use; (M) The Finance Director shall also deny an application for renewal of any business license type if he/she determines that one or more conditions applicable to the previous license have been violated or the business does not comply with City, state, federal or otherwise applicable Codes, rules, regulations or laws.
§ 5.01.150 GROUNDS FOR LICENSE REVOCATION
A business license of any type or renewal of a license of any type may be suspended for not longer than three years or revoked during its term if the Finance Director finds in writing:
(1) That any grounds for denial of an initial application exist, including but not limited to, untrue statements made in the application or an arrest and/or conviction of a crime that may inhibit the person’s ability to conduct the business in a law abiding manner; or (2) The business is operated in a manner, or is housed on premises, or within a building which violates, or is in violation of any City, state, federal, or otherwise applicable Codes, rules, regulations or laws; or
(3) The holder of the license has violated one or more conditions imposed upon the license. § 5.01.160 LICENSE REINSTATEMENTS
A business license of any type may be reinstated by the Finance Director or his/her designee if the business license was canceled or was expired and the business continued business operations within Item Title: 12.2 Business License Ordinance Revision
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the City. Reinstatement of a business license may include the submittal of a reinstatement application and payment of any accrued penalties, reinstatement fee(s), or any additional fees as set by City Council.
§ 5.01.170 REFUNDS.
Each business license initial and/or renewal application shall be accompanied by a mandatory filing or renewal fee in an amount determined by resolution of the City Council along with any additional applicable fees, including but not limited to zoning review and state CASp fees due at the time of application and/or renewal.
(A) The license fee is to compensate the City for the cost of administering this chapter, and such fee is not refundable, with the exception where a business license issuance or business license renewal is not approved, in which case, the base fee will be refunded along with the State CASp Fee. (B) Notwithstanding the foregoing, zoning review fees are not refundable. (C) Business was found to be outside of City limits.
§ 5.01.180 POSTING OF LICENSE.
(A) Every business license shall at all times be posted in a conspicuous place upon the premises where such business is conducted and shall be produced in response to a request from the Finance Department, duly authorized law enforcement officers, and City Code enforcement officers. (B) Mobile operators shall have the license or a copy of it available in their vehicles. § 5.01.190 TRANSFER OF BUSINESS LICENSE.
(A) When a registered license is transferred to a new residence of the same applicant within the City, or a licensed business is transferred from one location to another location within the City, the current license may be amended in writing by the Finance Department to authorize the conduct of the business at the new location with a submittal and City approval for a "request for transfer of business license" without requiring a new business license fee but subject to a business address change fee and zoning review and fee.
(B) A home occupation's relocation to a commercial location, an out-of-City license transferring to an in-City location and a commercial location relocation to a residential location will require a new application for a business license.
(C) Otherwise, application for any transfer or assignment shall be filed on a form provided by the City for that purpose prior to the effective date of the transfer or assignment. 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 and current fees paid including a change of address fee.
(D) A transfer or assignment from one person to another is not allowed. § 5.01.200 DUPLICATE LICENSE.
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A duplicate license certificate may be issued to replace any license issued hereunder which has been lost or destroyed where such license holder submits a statement of such fact and provides payment of a duplicate license fee in the amount established by resolution of the City Council. § 5.01.210 INSPECTIONS AND ENFORCEMENT.
(A) For the purpose of enforcing the provisions of this chapter, a building and safety inspector, fire inspector, Code enforcement officer, peace officer or other authorized agent employed by the City may enter free of charge, at any reasonable time, any place of business for which a business license has been granted or which is required by this chapter to make inspections. The purpose of such entry shall be to inspect the premises, grounds, facilities and structures located therein for compliance with all applicable requirements imposed by the provisions of this chapter, the Menifee Municipal Code, state/local building and Fire Code requirements, and all other applicable requirements. It shall be unlawful for any such person to fail or refuse to make available the necessary access. (B) When the business license application indicates that there may be additional regulatory issues regarding the home occupation or business (including, but not limited to, the disposal of materials in a manner requiring compliance with National Pollutant Discharge Elimination System requirements or storage of materials in a manner which may constitute a fire risk) which could impact public health, safety or welfare, the Finance Department shall require the applicant to deposit an additional fee equal to the cost of a regulatory inspection. Such regulatory inspection fees may be collected on an annual basis along with the business license fee. The fee shall fund the cost of an annual inspection. If the inspection is not performed within the one year period, the holder of the license may request that the fee be refunded or credited toward the following year's fees. (C) The City may initiate enforcement actions against business license holders whose business premises are found upon inspection to be in violation of such requirements and will be subject to license revocation. In addition to any other costs or penalties, the business license holder shall be liable to the City for the costs of such inspection and subsequent inspections. An annual inspection cost shall be added to such license fee. Any unpaid inspection costs shall be added to fees owing and no license shall be issued until amounts outstanding are paid in full. (D) The City may report any and all municipal code violations to state, federal, or other regulatory agencies and organizations.
§ 5.01.220 ACCEPTANCE OF THIS CHAPTER.
By doing business within the City, applying for a business license and any renewal thereof, each business agrees to be bound by the provisions of this chapter, to cooperate with the City for enforcement of this chapter, and authorizes the City and its agents and employees to obtain and verify information regarding that business as well as to engage in reasonable inspections and investigations and to provide access therefor.
Conditional Use Permits issued pursuant to this Code relating to massage businesses shall contain a condition requiring full compliance with this Chapter and all provisions of Chapter 5.45 of this Code regulating such activity. Failure to comply with the provisions of this Chapter, Chapter 5.45, or any other conditions subjects the Conditional Use Permit to revocation pursuant to Title 9 of the Code.
Conditional Use Permits issued for other special business types not including massage businesses may contain a condition to comply with other provisions of this Code, as applicable.
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§ 5.01.230 POWERS AND DUTIES OF THE FINANCE DEPARTMENT. (A) The Finance Department may enforce the provisions of this chapter with duly authorized law enforcement officers, Code enforcement or building and safety officers. The Finance Department shall have the authority to enter, examine all places of business within the City and the business's license records or business vehicles to confirm compliance with this chapter. (B) The Finance Department performing the duties under this chapter shall have access to state and local summary criminal history information in order to fulfill their duties. Labor Code section 432.7, Stats. 1974 and Ch. 1321 shall apply to such information. (C) Subject to the City's retention schedule, the Finance Department shall keep a record of all business licenses issued, the term, to whom issued, the location of the business, the amount of the fee paid and any other information as directed by the City Council. § 5.01.240 UNLAWFUL BUSINESS.
A determination under this chapter may be appealed as set out in Menifee Municipal Code section
2.04.050. No business license issued pursuant to this ordinance shall be construed as authorizing the conduct of or continuance of any occupation, use or activity of any kind which is prohibited by this Municipal Code, state or federal law or regulation.
§ 5.01.250 APPEAL.
A determination under this chapter may be appealed as set out in Menifee Municipal Code section
2.04.050.
§ 5.01.260 VIOLATION; PENALTY.
A violation of this chapter is a violation of the Menifee Municipal Code and is a misdemeanor. A violation of this chapter also constitutes a public nuisance. This chapter may be enforced by the City by any available means, including, but not limited to, administrative citation or injunction.
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ORDINANCE NO. _________
AN ORDINANCE OF THE COUNCIL OF THE CITY OF MENIFEE AMENDING CHAPTER 5.01 ESTABLISHING A BUSINESS LICENSE PROGRAM
Section:
5.01.010 Purpose and authority
5.01.020 Definitions
5.01.030 Evidence of doing business
5.01.040 Business license required
5.01.050 Fees
5.01.060 Exemptions; filing claim of exemption
5.01.070 Additional license requirements for massage businesses
5.01.080 Business license requirements for all businesses Additional license requirements for door-to-door solicitation
5.01.090 Business license; annual renewal Additional license requirements for special business types
5.01.100 Compliance with other laws and regulations Business license requirements for all businesses
5.01.110 Issuance, form and content of license Business license; annual renewal
5.01.120 Grounds for business license denial or license revocation Compliance with other laws and regulations
5.01.130 Refunds Issuance, form and content of license
5.01.140 Posting of license Grounds for business license denial
5.01.150 Transfer of business license Grounds for license revocation
5.01.160 Duplicate license License reinstatements
5.01.170 Inspections and enforcement Refunds
5.01.180 Acceptance of this chapter Posting of license
5.01.190 Powers and duties of the Department of Finance Transfer of business license
5.01.200 Unlawful business Duplicate license
5.01.210 Appeal Inspections and enforcement
5.01.220 Violation; penalty Acceptance of this chapter
5.01.230 Powers and duties of the Finance Department
5.01.240 Unlawful business
5.01.250 Appeal
5.01.260 Violation; penalty
§ 5.01.010 PURPOSE AND AUTHORITY.
The purpose of this chapter is to provide for necessary regulation and provide a record system of businesses being conducted within the City of Menifee for the purpose of protecting the public health, safety, and welfare of city City residents, as follows:
(A) Ensure that each business is conducted in compliance with applicable federal, state and local laws, regulations and ordinances.
(B) This chapter provides a means of identification and regulation for almost all businesses operating within the City in order to develop a list of all businesses and valuable information which Item Title: 12.2 Business License Ordinance Revision
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may be used by emergency responders, community development, building and safety, and economic development personnel and the public.
(C) This chapter specifically covers businesses which may require additional licensing investigations, such as massage businesses and establishments and others as may be designated from time to time.
(D) Approval and issuance of a business license shall be contingent on full compliance with, including but not limited to, applicable Municipal Code requirements, including all Fire Code, Building Code , Police and Zoning Code requirements and regulations. (E) This chapter establishes a business license program and not a business license tax. This chapter 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 and mandatory State CASp fee(s) associated with processing an application for the issuance or renewal of a business license. No fee charged under the provisions of this ordinance shall be construed as a business license tax. (F) This chapter is enacted pursuant to Business and Professions Code Sections sections 460 and 16000 and article XI, section 7 of the California Constitution Article XI, Section 7. (Ord. 2019-273, passed 7-17-2019)
§ 5.01.020 DEFINITIONS.
For the purposes of this chapter, the following words and phrases shall have the following meanings:
ADULT BUSINESS. Any business establishment or concern which as a regular and substantial course of conduct sells, distributes, promotes, offers to its patrons, displays, advertises, rewards with, allows the performance of sexually oriented material, sexually oriented merchandise, and sexually oriented entertainment or any other products, services, or entertainment characterized by an emphasis on matters depicting, describing or relating to sexual uses or activities but not including those uses or activities, the regulation of which is preempted by State law. “Sexually oriented business” shall also include any establishment which, as a regular and substantial course of conduct, provides or allows performers, models, or employees to appear in any place in lingerie. For the purposes of this section, a business establishment or concern has established the provision of products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical parts as a regular and substantial course of conduct when one or more of the following conditions exist:
(1) The area devoted to adult merchandise and/or sexually oriented material exceeds more than 15 percent of the total display or floorspace area open to the public. (2) The business or concern presents any type of live entertainment characterized by an emphasis on specified sexual activity or specified anatomical parts, at least four times in any month in any given year.
(3) The regular and substantial course of conduct of the business consists of or involves the sale, trade, display or presentation of services, products, or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.
APPLICANT. The person engaging in the business or such person's duly authorized representative.
BUSINESS. Means and includes professions, trades, vocations, enterprises, establishments, occupations, and all and every kind of calling, any of which are advertised, conducted, transacted , or Item Title: 12.2 Business License Ordinance Revision
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carried on for the purpose of earning in whole or in part a profit 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 whether or not the business' principal physical address is located within the cityCity. A person shall not be deemed to be engaged in BUSINESS business solely by reason of receipt of dividend or interest income from passive investments. This definition also includes businesses that are operated at a fixed physical location and those that are operated on a mobile basis by a mobile-operator as defined herein. Any person or entity within the city City that utilizes a hosted online platform to obtain payment for goods or services must comply with the business license requirements of this chapter. Subcontractor and sub-consultant business entities shall be subject to the business license requirements of this chapter.
CASp FEE. The mandatory state fee as enacted by Senate Bill (SB) 1186 and amended by Assembly Bill (AB) 1379, collected in addition to the city's City's base registration and business license fee, intended to increase disability access and compliance with construction-related accessibility requirements and to develop education resources for business in order to facilitate compliance with federal and state disability laws, as specified.
CITY. The City of Menifee, a municipal corporation of the state of California.
DISABLED. A person with a long-lasting physical, mental, or emotional condition. This condition can make it difficult for a person to do activities such as walking, climbing stairs, dressing, bathing, learning, or remembering. This condition can also impede a person from being able to go outside the home alone or to work at a job or business.
EMPLOYEE. Either:
(1) Any person engaged or employed by any business which business withholds, or is required to withhold, compensation for the purpose of paying state or federal taxes as required by the Franchise Tax Board or Internal Revenue Service; or
(2) Any person who is regarded as the employee of any business for purposes of the Workers Compensation laws of the State of California, including, without limitation, an agent working for, or engaged by, a real estate broker and which business is subject to the provisions of this chapter.
HOME OCCUPATION. Any occupation or business use, full- or part-time, conducted within a dwelling by a resident of the property. Use must be consistent with Menifee Municipal Code Title 9 and incidental to the residential use of the dwelling, which does not change the character of the surrounding area by generating more traffic, noise or storage of material than would be normally associated with a residential zone. A non-resident person cannot operate, be an agent, or employee of a home occupation business.
MOBILE FOOD FACILITY and MOBILE FOOD VENDOR. A mobile operator that sells or vends food, including ice cream.
MOBILE OPERATOR. Those businesses that are operated on a mobile basis utilizing a motor vehicle to visit customer locations to conduct business within the cityCity. Examples of business that may constitute MOBILE OPERATORSmobile operators, depending on the circumstances, include mobile, automobile, or other motor vehicle washing; pest control services; 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 servicing; and taxi cabs, limousines or shuttles (as otherwise allowed by law). MOBILE OPERATOR" Mobile operator does not include sidewalk vendors.
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MOBILEHOME PARK. A Mobilehome Park for purposes of this chapter shall have the same meaning as that defined in Health and Safety Code section 18214 as that section may be amended from time to time.
NON-PROFIT OR CHARITABLE ORGANIZATION. Any organization or entity considered exempt pursuant to IRS Section section 501 and/or California State Tax Section section 23701d.
PEDDLING. Any selling of merchandise which is transported from place to place in the course of approaching prospective customers or selling merchandise or services from door to door. A "peddler" is a person who engages in peddling. PEDDLING Peddling shall not include sidewalk vending or relate to sidewalk vendors.
PERSON. All domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, common law trusts, societies, and individuals advertising, conducting, transacting or carrying on any lawful business within the city City other than as an employee. PERSON Person and PERSONS persons shall also include the operator of a festival, fair, farmers' market, special event or similar event for which one person (the "organizer") obtains required permits and licenses and which includes other persons who sell or offer to sell goods and/or food at the event ("purveyors") through contract with the organizer or otherwise.
PERSONALLY IDENTIFIABLE INFORMATION (PII). In respect to Transportation Network Companies shall mean individually identifiable information about an individual driver collected by the local jurisdiction from that individual, including, but not limited to, all of the following:
(1) A first and last name.
(2) A residential address, including a street and city City name. (3) An email address.
(4) A telephone number.
(5) A social security number.
(6) Driver income or tax information.
RECREATIONAL VEHICLE (RV) PARK. means a tract of land upon which two (2) or more recreational vehicle sites are located, established, or maintained for occupancy by recreational vehicles of the general public as temporary or permanent living quarters for recreation or vacation purposes by campers, vacationers, or travelers.
RETAIL GREENHOUSES. 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 Commissioner pursuant to California Food & Agricultural Code § section 6701 et seq. and any applicable state regulations promulgated thereto.
RETAIL NURSERIES. All commercial nurseries 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 Commissioner pursuant to California Food & Agricultural Code § section 6701 et seq. and any applicable state regulations promulgated thereto.
SEXUALLY ORIENTED ENTERTAINMENT. Any type of live or pre-recorded performance, display, or the furnishing, providing, or procuring of figure models who pose in any manner which is characterized by its emphasis on matter depicting, describing or relating to sexual activities or anatomical parts, including films, motion pictures, videocassettes, slides or other photographic reproductions.
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SEXUALLY ORIENTED MATERIAL. Any element of adult merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, or other visual representation, characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical parts.
SEXUALLY ORIENTED MERCHANDISE. Sexually oriented implements and paraphernalia, which are designed or marketed primarily for the stimulation of sexual activity.
SIDEWALK VENDOR. A person(s) who sells food or merchandise from a sidewalk vending receptacle or from one's person, upon a public sidewalk or pathway.
SOLICITOR. Any person, whether principal or agent, whether a resident of the city 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 cityCity, soliciting or taking 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 or she 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 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 City after a purchaser or prospective purchaser has been solicited or contacted by telephone, correspondence or other method of communication from within the cityCity. Such definition shall also include the term “canvasser” and “door-to-door solicitor.” This provision does not include noncommercial activities.
SPECIAL BUSINESS TYPES. Special business types are those listed under Section 5.01.080 and are so listed because of their operation, clientele, or other factors related to the business, require special investigation, review, and/or regulation in order to ensure the protection of public health, safety, and welfare of the community.
SPECIAL EVENT. An activity or series of activities, specific to an identifiable time and place, produced in conjunction with community organizations often held on public property, and which typically occur on a one-time basis or as an annual event. Such events may include but are not limited to weddings, street closures, filming, protests and rallies, block parties, fundraisers, street parties, runs, races, walks, and other community events. SPECIAL EVENTS may occur on streets and/or sidewalks, parks, and other city-owned City-owned property. For the purposes of this chapter, SPECIAL EVENTS shall not include privately sponsored events that are located on or in a rented city City facility.
SUBCONTRACTOR and SUB-CONSULTANT. A business or person who is awarded a portion of an existing contract by a principal or general contractor of consultant.
TAXI CABS. A car licensed to transport passengers in return for payment of a fare, usually fitted with a taximeter, which is separate and distinct from a TNC business, as defined below.
TRANSPORTATION NETWORK COMPANY (TNC). A ride sharing service that connects persons in need of transportation with vehicle drivers (such as Uber, Lyft, Sidecar, etc.) TNC entities which reside within the city City and operate more than 30 days within the preceding calendar year are subject to the business license and registration requirements of this ordinance. Personal identifiable information (PII), submitted by TNC entities shall not be disclosed on a publicly accessible Internet Item Title: 12.2 Business License Ordinance Revision
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website pursuant to California Business and Professions Code section 16550 et seq., "The Passenger Charter-party Carriers' Act."
VETERAN. All individuals who have served (even for a short time), but are not currently serving, on active duty in the U.S. Army, Navy, Air Force, Marine Corps, or Coast Guard, or who served in the U.S. Merchant Marine during World War II. People who served in the National Guard or Reserves are classified as VETERANS only if they were ever called or ordered to active duty, not counting the four to six months required for initial training or yearly summer camps.
VETERAN-OWNED BUSINESS and DISABLED VETERANS BUSINESS ENTERPRISES (DVBE). A business certified by the U.S. Department of Veterans Affairs (VA) as a veteran-owned small business (VOSB) or service-disabled veteran-owned small business (SDVOSB), or a business certified by the State of California as a DVBE.
(Ord. 2019-273, passed 7-17-2019)
§ 5.01.030 EVIDENCE OF DOING BUSINESS.
(A) The following circumstances shall be considered evidence that a person is conducting business in the cityCity:
(1) The report by reliable persons or other governmental agencies that the person is doing conducting business in the cityCity;
(2) Where any person, by use of any sign, circular, card, brochure, telephone book, magazine, newspaper, website, electronic media or other publication, advertises, holds out or by any other means represents that the person is in business in the cityCity; (3) When any person holds an active license or permit issued by a governmental agency indicating that the person is doing business in the cityCity; (4) The filing of fictitious business name statement or be in the possession of a resale number issued by the state board of equalizations or the California Department of Tax and Fee Administration; (5) Deliver, distribute, supply, manufacture, sell at retail or wholesale, or provide a service or generate revenue in any manner within the cityCity.
(B) Notwithstanding any other provision to the contrary, a person may provide the Department of FinanceFinance Department with a sworn statement (acceptable in form to the cityCity) attesting that such person is not doing conducting business in the cityCity. Such sworn statement , shall be considered in determining which that the person is conducting business within the cityCityif a license is required.
(Ord. 2009-63, passed 11-17-2009; Am. Ord. 2019-273, passed 7-17-2019) § 5.01.040 BUSINESS LICENSE REQUIRED.
(A) Unless otherwise exempt, every person conducting or carrying on a business as defined in this chapter anywhere in the city City, including mobile and delivery businesses with headquarters located outside of the City that perform services, sales, or deliveries within the jurisdiction of the City, shall do the following:
(1) Complete and file the appropriate forms with the city, City and pay the applicable fee (including an inspection fee where required) for securing a business license.
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(2) Secure a separate business license for each physical location (including branch establishments) of a business and for each separate business carried on at the same location, including booth rentals.
(3) Complete a background investigation if applying for a business license under a special business type.
(B) A business license is required of all businesses rendering services to or on behalf of the City of Menifee as a municipal agency.
(Ord. 2009-63, passed 11-17-2009; Am. Ord. 2013-118, passed 3-19-2013; Am. Ord. 2019-273, passed 7-17-2019)
§ 5.01.050 FEES.
Prior to conducting any business, each person shall pay all business license fees as determined by the City Council. Business license fees shall be prorated quarterly at the time that the business license is issued based on current fee schedule adopted by the City Council. In addition, the City Council shall set fees for the fireFire, NPDES National Pollutant Discharge Elimination System, Menifee Police Department along with any other regulatory inspections, penalties and supplemental licenses license fees for specific businesses (e.g., massage).
(A) Eligible reduced fee businesses for Menifee residents. (1) U.S. veterans. A 50100% reduction of the base fee and State CASp only will be granted to a veteran of the U.S. armed forces with proof of honorable discharge. (B) Eligible reduced fee businesses for Menifee Based Businesses and residents. (1) (2) Seniors. A 50% reduction of the base fee only will be granted to Senior Citizens (62 and older) with proof of age. Business must be based in Menifee and owner must reside in Menifee.
(2) (3) Disabled. A 50% reduction of the base fee only will be granted to a disabled person with proof of SSDI/SSI. Business must be based in Menifee and owner must reside in Menifee. (BC) One -day special event vendors. Out of city -of-City vendors qualify for a one -day special event license for a reduced fee as adopted by the City Council. This fee will only cover the community event date referred to on submitted and approved application. (Ord. 2009-63, passed 11-17-2009; Am. Ord. 2019-273, passed 7-17-2019) § 5.01.060 EXEMPTIONS; FILING CLAIM OF EXEMPTION.
(A) Business license exempt businesses. The following exempt businesses shall not be required to submit for or obtain a business license:
(1) Café musicians. Any person meeting the definition of CAFÉ MUSICIAN café musician under California Business and Professions Code section 16000.5. (2) Businesses exempted by 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 from the payment of such regulatory business license fees charged pursuant to this ordinance or otherwise exempt from the requirements for licensing hereunder.
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(3) 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 own residential premises, which sales may not be conducted during more than four 72-hour periods per year. Any sales proposed to occur more frequently will require land use and zoning approval through a temporary use permit (or other permit) as well as a business license. (4) Part-time occupants. The provisions of this chapter shall not apply to any natural person under the age of eighteen or over the age of 65 engaged in any part-time occupation of less than 400 hours a year.
(5) Sidewalk and roadside vendors. As defined within Chapter 5.70 of the Menifee Municipal Code, vendors are regulated under Chapter 5.70 and, in order to qualify for an exemption hereunder, a vendor must meet each regulation set forth therein. (6) Teachers or tutors. For the teaching of musical, artistic or educational subjects when the following conditions exist: (1) the teaching is done at the residence of the pupil; and (2) the teacher/tutor employs no assistants, does not display an advertising sign at the residence, and does not make a general practice of selling merchandise in connection with the teaching or tutoring.
(7) Transportation network company (TNC). TNC entities which reside in the City of Menifee but operated less than 30 days in the preceding calendar year and TNCs that do not reside within the City of Menifee are exempt from the business license requirement pursuant to California Business and Professions Code section 16550 et seq., "The Passenger Charter- party Carriers' Act."
(B) Business license feeFee exempt businesses. The payment of business license fees contained in this ordinance shall not be required for the following exempt businesses. However, a City license is still required.
(1) Residential care facilities of six or fewer. Residential care facilities which serve six or fewer persons shall not be subject to local registration fees. (2) Domestic household help. 1) Any person in the employ of an individual homeowner; or 2) a baby sitter caring for a total of eight or fewer children, including the sitter's own children, at a given address. Persons engaged in domestic household help must still comply with all federal and state requirements regarding applicable registration and certifications. (C) Business license fee exempt businesses. The payment of business license fees contained in this ordinance shall not be required for the following exempt businesses as long as a claim of exemption is filed with the cityCity. Exemption from the business license fee will not exempt the business from the mandatory state CASp annual fee, subject to change per state regulations. (1) Banks and financial institutions. Any state or national bank which pays an "in lieu" tax provided for in Aarticle 13, Section section 27 of the California Constitution. (2) Commercial travelers/wholesale salesmen. Any commercial traveler whose business is limited to goods, wares, and merchandise sold or dealt in at wholesale within the State of California, and as defined and described in Business and Professions Code Section section 16002.
(3) Churches, temples or other places of worship. Churches, temples or other places of worship, to the extent their use is exclusively for the exercise of religion. This exemption shall not apply to other activities which are not undertaken for the exercise of religion, including, Item Title: 12.2 Business License Ordinance Revision
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but not limited to, day schools, social service programs, and church-owned or operated business enterprises.
(4) Eligible military personnel. Pursuant to California Business and Professions Code Sections sections 16000.7, 16001, 16001.5, 16001.7, and 16102, every soldier, sailor or marine of the United States who has received an honorable discharge or a release from active duty under honorable conditions from such service may hawk, peddle and vend any goods, wares or merchandise owned by him, except spirituous, malt, vinous or other intoxicating liquor, and shall be exempted from the business license fee. Every such honorably discharged person claiming exemption under the provisions of this chapter shall exhibit to the city City their honorable discharge, or a certified copy thereof, together with a certificate signed by a licensed physician, setting forth the physical disabilities of such honorably discharged or honorably released person, and stating whether, in the opinion of such physician, the disabilities render such person physically unable to obtain a livelihood by manual labor. (5) Insurance companies. Any insurer which pays an "in lieu" tax provided for in Aarticle 13, Section section 28 of the California Constitution. As used herein, "insurer" does not include insurance brokers.
(6) Non-profit organizations. Non-profit Organizations organizations conducting occasional, seasonal, or sporadic sales or other business for fundraising purposes whether or not a temporary use permit is required. This exemption shall not apply to promoters employed by such non-profit institutions, corporations, organizations, or associations. (7) Real estate auctioneers. Any real estate auctioneer whose permanent place of business is not within the cityCity, and who is defined and described in California Business and Professions Code Section section 16002.1.
(8) Blind vending facility operator. Any blind vending facility operator who qualifies via registration with the California Business Enterprises Program shall have their business license fee waived pursuant to Welfare & Institutions Code Section section 19633. (D) Claim of exemption.
(1) A claim of exemption shall be filed with the Department of FinanceFinance Department by an entity claiming to be exempt on a form provided by the cityCity. There shall not be a fee for filing such a claim of exemption. The claim of exemption shall be filed at the time in which the original application is submitted. The claim of exemption must be submitted annually at the time of business license renewal and must be accompanied by the mandatory State CASp annual fee and renewal application.
(2) The city City may revoke the exemption privilege granted pursuant to the provisions of this section upon information that the licensee is not entitled to the exemption or is in violation of any applicable law or regulation related to the business or property upon which the business is located.
(3) No person shall conduct any business activities unless that person is in possession of an effective business license or written approval from the city City for an exemption. (Ord. 2009-63, passed 11-17-2009; Am. Ord. 2019-273, passed 7-17-2019) § 5.01.070 ADDITIONAL LICENSE REQUIREMENTS FOR MASSAGE BUSINESSES.
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Before obtaining a business license, and as a condition of renewal and/or continuation of such business license, all massage business businesses and establishments, as defined in Chapter 5.45 of this codeCode, shall comply with the requirements of that chapter. The City Council by resolution may set additional appropriate fees for such massage business licensinglicenses. Prior to obtaining a massage business license, a valid conditional use permit (CUP) must be active at the site of the proposed massage business or establishment. CUPs may contain a condition indicating that violations of any provision of this Chapter 5.01, Chapter 5.45, or any other provision of this Code, state, or federal law, will subject the CUP to revocation. A revocation of any CUP allowing for the operation of a massage business or establishment shall prohibit a new CUP from being approved for a massage business or establishment at the same location for five (5) years. (Ord. 2009-63, passed 11-17-2009; Am. Ord. 2019-273, passed 7-17-2019) § 5.01.080 ADDITIONAL LICENSE REQUIREMENTS FOR DOOR-TO-DOOR SOLICITATION.
Before solicitors may obtain a business license, and as a condition of renewal and/or continuation of such business license, all solicitors, as defined, shall comply with the requirements of this Code.
The City Council by resolution may set additional appropriate fees for such door-to-door business licenses. If a business is required to obtain a business license for commercial activity within the City pursuant to this chapter and conducts such business in a manner that also meets the definition of solicitor under this chapter, the business must obtain a license for both the commercial activity and the door-to-door solicitation business.
§ 5.01.090 ADDITIONAL LICENSE REQUIREMENTS FOR SPECIAL BUSINESS TYPES Under this division, the Chief of Police or his/her designee shall investigate the background of the owner and persons managing or supervising the business as deemed appropriate. Such investigation is consistent with the City’s land use authority and police powers to ensure the public health, safety, and welfare of the public. Applicants applying a for a license under a special business type shall be fingerprinted and photographed and consideration shall be given to the criminal record, if any, the business responsibility of the firm and the owner (such as previous license revocations, denials, or citations). The City Council by resolution may set additional appropriate fees for fingerprinting services.
The following enterprises or activity types, including any independent contractors conducting the below activity, are designated as special business types:
Adult Businesses
Auctions and Auctioneers
Antique Dealers
Auto Dismantlers
Bail Bond Enforcement
Bingo Games, Organizations or Parlors
Card Rooms
Dance Facilities
Handyman (Unless licensed by the State)
Home Tutors or Educators (Unless Otherwise Exempt)
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Maid, Carpet Cleaning, Janitorial or House Cleaning
Massage Businesses
Mobile or Itinerate Food Sales
Motorcycle Sales, Including New and Used Parts
Pool Halls
Private Security Company (Unless Licensed by the State) Purchase or Sales of Metals, Including Scrap Metals
Repossession or Storage of Autos
Secondhand Stores & Pawnshops
Solicitors
Weapons and Arms Dealers & Sales of Gun Powder
The special business types listed above require special investigation, review, and/or regulation because:
1. The tendency of certain categories of enterprises to engage, whether intentionally or unintentionally, in the promotion of crime;
2. The tendency of certain categories of enterprises to be placed where criminal activity is heightened;
3. The patrons of certain categories of enterprises are vulnerable to fraudulent charging or other practices;
4. Certain categories of enterprises create health or safety risks which require special regulation; and
5. Certain categories of enterprises require access to private property, particularly residential property, or frequent residential neighborhoods, generating high risks to the safety of persons and property.
§ 5.01.080 § 5.01.100 BUSINESS LICENSE REQUIREMENTS FOR ALL BUSINESSES.
Any business not explicitly exempt per this chapter and located within City of Menifee boundaries as well as any business located out of city -of-City doing business within the City of Menifee boundaries shall file an application for a business license utilizing a form provided by the cityCity.
The application shall not be deemed filed unless the form has been filled out completely and accurately by the applicant and paid all applicable fees including but not limited to additional fees for additional inspections, late application or failure to register. By signing the application, the applicant agrees to be bound by all provisions of this chapter, including but not limited to those providing for access for inspections.
(A) The application shall contain all of the following information:
(1) The business's name, DBA, physical address, mailing address, phone number, fax number, email address, parcel number,start date, and ownership type; (2) If a business ownership type requires a FEIN (Federal Employee Identification Number), one shall be provided;
(3) The applicant's name, address, telephone numbers (home, business and mobile), email and fax number; and the name of a person authorized to accept service of process; Item Title: 12.2 Business License Ordinance Revision
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(4) The name, telephone number and address of the person to notify in the event of an emergency; (5) If the business is advertised to the public by name or designation other than the legal name of the applicant, that name or designation and proof of filing and publishing of a fictitious business name statement;
(6) The State Board of Equalization or The California Department of Tax and Fee Administration Resale certificate if a resale certificate is required by the State Board of Equalization or the California Department of Tax and Fee Administration;
(7) A detailed description of the nature of the business (including both current and future uses must be disclosed), including, but not limited to, a listing of all federal, state, county and other required permits or licenses, including any state permit or license number and category (e.g. contractors); (8) Evidence that any and all state, federal and/ or county permits or certificates required to conduct the applicable business or profession have been lawfully acquired. No application shall be deemed final until adequate evidence of such permits or certificates have been shown; (9) An assessment of the possible regulatory compliance of the business, including but not limited to, specific information regarding storage of materials, disposal of materials, fire risk, use of hazardous materials, type of services provided and specifically whether such services include massage, mobile operators, sidewalk vendors, or other businesses which may be determined to have additional regulatory requirements;
(10) Any other information necessary to determine appropriate regulatory requirements applicable to the business or deemed necessary by the cityCity; and (11) The signature of the applicant or corporate agent 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 that the applicant or corporation is responsible for all applicable fees. (B) By signing the application, the applicant and business agree to be bound by all provisions of this chapter, including but not limited to the provisions for inspection. (C) Approval of license is contingent on the written verification from the Building and Safety, Police, Community Development Departments , Fire and other departments as needed. (D) The license shall be deemed null and void if the license application contains any false or misleading information. It shall be considered a violation of this codeCode, punishable as set out herein, to intentionally give any false or misleading information on the application. (E) Notwithstanding the requirements of the California Public Records Act, the information requested by subdivisions (2) and (4) of subsection (A) of this section and any personally identifiable information deemed confidential under Business and Professions Code section 16550 et seq. shall be, to the extend allowed by law, considered confidential and will not be made available to the public. (Ord. 93-04 § 7: Ord. 91-33 § 1 (1.07); Ord. 2019-273,passed 7-17-2019) § 5.01.090 § 5.01.110 BUSINESS LICENSE; ANNUAL RENEWAL. (A) A business license must be obtained by a home occupation or a any business , unless explicitly exempt in this chapter, before commencing business in the cityCity. (B) The first business license obtained by a business shall be valid through December 31 of that each year no matter what date it was obtained.
(C) Thereafter, business license shall be valid from January 1 or the date of renewal issuance, whichever is last, through December 31 of each year.
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(D) The business license shall be renewed annually by the filing of a renewal application on a form provided by the City, accompanied by payment of the appropriate fee, if applicable, not more than 30 calendar days nor fewer than 60 calendar days prior to the expiration of the current license. The renewal application and fee shall be delinquent after December 31 of each year. Any License Fee that becomes delinquent for more than 60 Days days will automatically be subject to applicable penalties. (E) The city City may send a courtesy notice of renewal to each person holding a business license approximately 60 days before December 31 of each year (i.e., by the beginning of November of each year). Any notice shall be mailed to the business mailing address set out in the application and shall remind the person of the requirement to renew their business license and how to do so. Failure of the city City to send or the person to receive a renewal notice does not waive the renewal requirement. (Ord. 2009-63, passed 11-17-2009; Am. Ord. 2013-124, passed 5-28-2013; Am. Ord. 2019-273, passed 7-17-2019)
(F) A business license will close and renewals on said account will no longer be accepted on or after June 1st of the year following the expiration date, if renewal application and payment is not received.
A license may be subject to the reinstatement process, which requires payment of any reinstatement fees, if applicable.
(G) All business license renewal applications submitted after the effective date of this chapter shall comply with all requirements in this chapter unless otherwise exempted. § 5.01.100 § 5.01.120 COMPLIANCE WITH OTHER LAWS AND REGULATIONS. (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 governmental statute, ordinance, public or private rule or regulation, or CC&R's, nor shall the issuance of a business license be construed as permitting a home occupation or business in a zone or land use district where such businesses are otherwise not permitted.
(B) In any trade or profession where an additional cityCity, county, state or federal license or permit is required, such license or permit shall first be exhibited to the Finance Department before a city City business license will be issued. Specifically, a mobile food vendor or mobile food facility selling food will be required to comply with County Department of Environmental Health Services requirements, including but not limited to County Ordinance No. 580, as it may be amended from time to time. However, the city City is not responsible for verifying or confirming the validity of any other license, permit or requirement.
(C) A home occupation business license shall not be issued until an applicant has obtained all necessary city City land use entitlements or city City building permits to operate the business at its location. In applying for a building permit or other entitlement for a business, the applicant shall provide the business license account number. Notwithstanding anything to the contrary, this subsection shall not act to waive any CC&R requirements which must be met separately. (Ord. 2009-63, passed 11-17-2009; Am. Ord. 2019-273, passed 7-17-2019) § 5.01.110 § 5.01.130 ISSUANCE, FORM AND CONTENT OF LICENSE. (A) A license will not be issued until an application has been completed and filed with the cityCity, all applicable fees have been paid, and all city City officers or departments required to investigate the Item Title: 12.2 Business License Ordinance Revision
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application have approved such issuance. However, the city City shall make every attempt practicable to complete any review or investigation within 20 working days of receipt of the completed application with all supporting documentation. If a license is not issued within 20 working days of the receipt of the application, the applicant shall be informed of the reason(s) why the license has not yet been issued or will not be issued.
(B) The issuance of a business license shall not be deemed evidence that a person, organization, institution, firm or corporation operating a business in the city City is in fact in compliance with all ordinance rules or regulations of the city City or that the person has applied for or has been issued all permits or certificates which otherwise may be required. (C) A business license shall be prepared and issued upon approval by the Finance Department. (D) 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 expiration date of the license;
(5) The license control number, unique to each license; (6) The official seal of the cityCity; and
(7) Such other and further information as the City Council or Finance Department shall deem appropriate.
(Ord. 2009-63, passed 11-17-2009; Am. Ord. 2019-273, passed 7-17-2019) § 5.01.120 § 5.01.140 GROUNDS FOR BUSINESS LICENSE DENIAL OR LICENSE REVOCATION.
A business license of any type or renewal of a license of any type may be denied or revoked for any of the following reasons, including, but not limited to:
(A) The application is not on the form provided or does not contain the required information; (B) The application or supplementary submitted information contains materially false or incorrect information;
(C) Noncompliance with requirements of this chapter, the Menifee Municipal Code or otherwise applicable regulations;
(D) The vehicle to be used in the business is inadequate or unsafe for the purpose for which it is to be used, or the building or structure where the business is located does not comply with all laws; (E) The business would interfere with or unreasonably obstruct the free flow of vehicular traffic, with other means of travel on any public street, or with pedestrian traffic on the sidewalks; (F) Appropriate permits for the business have not been obtained from the state, county or cityCity; (G) The conduct of the business or activity will be contrary to law; (H) The conduct of the business or activity will interfere with the preservation of peace, health, safety or welfare of the public; or
(I) The business does not comply with applicable Community Development, Building and Safety, Fire, and/or Police requirements and/or other regulations;.
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(J) The applicant failed to provide the requested information in connection with the application submitted to the City, preventing the Chief of Police from making his or her determination as to suitability to conduct or work at the business;
(K) Based on facts and circumstances discovered by the background investigation which indicate acts of deceit, fraud, or other acts of moral turpitude and the applicant’s statements on the business license application, the Chief of Police or their designee reasonably determines that the applicant would not conduct the business enterprise in a law-abiding manner or would conduct the business in a manner that would subject patrons of the business enterprise to risk of harm or criminal, deceitful or otherwise unethical practices:
1. A general or limited partnership or a partnership which possesses an ownership interest in the enterprise;
2. A joint venturer in a joint venture which possesses an ownership interest in the business and if one or more of the joint venturers is a partnership or corporation, those partners, directors or stockholders to whom the requirements of this section would apply if the partnership or corporation were the sole owner of the enterprise;
3. A sole proprietor when the enterprise is a sole proprietorship;
4. A director, when either a commercial or non-profit corporation possesses an ownership in the business; or
5. A member of a governing body or other board or committee to which management is entrusted, when an unincorporated association possesses an ownership interest in the business; or
6. A president, general manager, vice-president, chief assistant manager, secretary, treasurer or any officer with equivalent or similar authority employed or retained by the firm possessing an ownership interest in the business;
(L) That a basis for denial of the license as authorized by this Code exists, including, but not limited to, provisions governing adult oriented businesses, massage establishments, card rooms, and bingo halls;
(M) Notwithstanding such information in this subsection, an application shall not be denied solely on the basis that a person has been convicted of a felony if the person has obtained a certificate of rehabilitation under Penal Code section 4852.06 et seq., or that the person has been convicted of a misdemeanor if the person has met all applicable requirements of the criteria of rehabilitation developed to evaluate the rehabilitation of a person when considering the denial of a license under Penal Code section 4852(6);
(N) The applicant has previously had their license revoked pursuant to this Code and the applicant is applying for a new business license for the same or another use; (M) The Finance Director shall also deny an application for renewal of any business license type if he/she determines that one or more conditions applicable to the previous license have been violated or the business does not comply with City, state, federal or otherwise applicable Codes, rules, regulations or laws.
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§ 5.01.150 GROUNDS FOR LICENSE REVOCATION
A business license of any type or renewal of a license of any type may be suspended for not longer than three years or revoked during its term if the Finance Director finds in writing:
(1) That any grounds for denial of an initial application exist, including but not limited to, untrue statements made in the application or an arrest and/or conviction of a crime that may inhibit the person’s ability to conduct the business in a law abiding manner; or (2) The business is operated in a manner, or is housed on premises, or within a building which violates, or is in violation of any City, state, federal, or otherwise applicable Codes, rules, regulations or laws; or
(3) The holder of the license has violated one or more conditions imposed upon the license. (Ord. 2019-273, passed 7-17-2019)
§ 5.01.160 LICENSE REINSTATEMENTS
A business license of any type may be reinstated by the Finance Director or his/her designee if the business license was canceled or was expired and the business continued business operations within the City. Reinstatement of a business license may include the submittal of a reinstatement application and payment of any accrued penalties, reinstatement fee(s), or any additional fees as set by City Council.
§ 5.01.130 § 5.01.170 REFUNDS.
Each business license initial and/or renewal application shall be accompanied by a mandatory filing or renewal fee in an amount determined by resolution of the City Council along with any additional applicable fees, including but not limited to zoning review and state CASp fees due at the time of application and/or renewal.
(A) The license fee is to compensate the city City for the cost of administering this chapter, and such fee is not refundable, with the exception where a business license issuance or business license renewal is not approved, in which case, the base fee will be refunded along with the State CASp Fee. (B) Notwithstanding the foregoing, zoning review fees are not refundable. (C) Business was found to be outside of City limits.
(Ord. 2019-273, passed 7-17-2019)
§ 5.01.140 § 5.01.180 POSTING OF LICENSE.
(A) Every business license shall at all times be posted in a conspicuous place upon the premises where such business is conducted and shall be produced in response to a request from the Department of FinanceFinance Department, duly authorized law enforcement officers, and city code City Code enforcement officers.
(B) Mobile operators shall have the license or a copy of it available in their vehicles. (Ord. 2019-273, passed 7-17-2019)
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§ 5.01.150 § 5.01.190 TRANSFER OF BUSINESS LICENSE.
(A) When a registered home occupation license is transferred to a new residence of the same applicant within the cityCity, or a licensed business is transferred from one location to another location within the cityCity, the current license may be amended in writing by the Department of FinanceFinance Department to authorize the conduct of the business at the new location with a submittal and city City approval for a "request for transfer of business license" without requiring a new business license fee but subject to a business address change fee and zoning review and fee. (B) A home occupation's relocation to a commercial location requires ,an out-of-City license transferring to an in-City location and a commercial location relocation to a residential location will require a new application for a business license.
(C) Otherwise, application for any transfer or assignment shall be filed on a form provided by the city City for that purpose prior to the effective date of the transfer or assignment. 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 and current fees paid including a change of address fee.
(D) A transfer or assignment from one person to another is not allowed. (Ord. 2019-273, passed 7-17-2019)
§ 5.01.160 § 5.01.200 DUPLICATE LICENSE.
A duplicate license certificate may be issued to replace any license issued hereunder which has been lost or destroyed where such license holder submits a statement of such fact and provides payment of a duplicate license fee in the amount established by resolution of the City Council. (Ord. 2009-64, passed 11-17-2009; Ord. 2019-273, passed 7-17-2019) § 5.01.170 § 5.01.210 INSPECTIONS AND ENFORCEMENT.
(A) For the purpose of enforcing the provisions of this chapter, a building and safety inspector, fire inspector, code Code enforcement officer, peace officer or other authorized agent employed by the city City may enter free of charge, at any reasonable time, any place of business for which a business license has been granted or which is required by this chapter to make inspections. The purpose of such entry shall be to inspect the premises, grounds, facilities and structures located therein for compliance with all applicable requirements imposed by the provisions of this chapter, the Menifee Municipal Code, state/local building and Fire code Code requirements, and all other applicable requirements and it . It shall be unlawful for any such person to fail or refuse to make available the necessary access. (B) When the business license application indicates that there may be additional regulatory issues regarding the home occupation or business (including, but not limited to, the disposal of materials in a manner requiring compliance with NPDES National Pollutant Discharge Elimination System requirements or storage of materials in a manner which may constitute a fire risk) which could impact public health, safety or welfare, the Department of FinanceFinance Department shall require the applicant to deposit an additional fee equal to the cost of a regulatory inspection. Such regulatory inspection fees may be collected on an annual basis along with the business license fee. The fee shall fund the cost of an annual inspection. If the inspection is not performed within the one year period, Item Title: 12.2 Business License Ordinance Revision
Item Page Number: 40
Menifee Mayor and City Council May 18, 2022
REDLINE AND STRIKETHROUGH OF CHAPTER 5.01
the holder of the license may request that the fee be refunded or credited toward the following year's fees.
(C) The city City may initiate enforcement actions against business license holders whose business premises are found upon inspection to be in violation of such requirements and will be subject to license revocation. In addition to any other costs or penalties, the business license holder shall be liable to the city City for the costs of such inspection and subsequent inspections. An annual inspection cost shall be added to such license fee. Any unpaid inspection costs shall be added to fees owning owing and no license shall be issued until amounts outstanding are paid in full. (D) The City may report any and all municipal code violations to state, federal, or other regulatory agencies and organizations.
(Ord. 2009-63, passed 11-17-2009; Am. Ord. 2019-273, passed 7-17-2019) § 5.01.180 § 5.01.220 ACCEPTANCE OF THIS CHAPTER.
By doing business within the cityCity, applying for a business license and any renewal thereof, each business agrees to be bound by the provisions of this chapter, to cooperate with the city City for enforcement of this chapter, and authorizes the city City and its agents and employees to obtain and verify information regarding that business as well as to engage in reasonable inspections and investigations and to provide access therefor.
Conditional Use Permits issued pursuant to this Code relating to massage businesses shall contain a condition requiring full compliance with this Chapter and all provisions of Chapter 5.45 of this Code regulating such activity. Failure to comply with the provisions of this Chapter, Chapter 5.45, or any other conditions subjects the Conditional Use Permit to revocation pursuant to Title 9 of the Code.
Conditional Use Permits issued for other special business types not including massage businesses may contain a condition to comply with other provisions of this Code, as applicable. (Ord. 2009-63, passed 11-17-2009; Am. Ord. 2019-273, passed 7-17-2019) § 5.01.190 § 5.01.230 POWERS AND DUTIES OF THE DEPARTMENT OF FINANCEFINANCE DEPARTMENT.
(A) The Department of FinanceFinance Department may enforce the provisions of this chapter with duly authorized law enforcement officers, code Code enforcement or building and safety officers.
The Department of FinanceFinance Department shall have the authority to enter, examine all places of business within the city City and the business's license records or business vehicles to confirm compliance with this chapter.
(B) The Department of FinanceFinance Department performing the duties under this chapter shall have access to state and local summary criminal history information in order to fulfill their duties.
Labor Code Section section 432.7, Stats. 1974 and Ch. 1321 shall apply to such information. (C) Subject to the city's City's retention schedule, the Department of FinanceFinance Department shall keep a record of all business licenses issued, the term, to whom issued, the location of the business, the amount of the fee paid and any other information as directed by the City Council. (Ord. 2009-63, passed 11-17-2009; Am. Ord. 2019-273, passed 7-17-2019) Item Title: 12.2 Business License Ordinance Revision
Item Page Number: 41
Menifee Mayor and City Council May 18, 2022
REDLINE AND STRIKETHROUGH OF CHAPTER 5.01
§ 5.01.200 § 5.01.240 UNLAWFUL BUSINESS.
A determination under this chapter may be appealed as set out in Menifee Municipal Code Section section 2.04.050. No business license issued pursuant to this ordinance shall be construed as authorizing the conduct of or continuance of any occupation, use or activity of any kind which is prohibited by this Municipal Code, state or federal law or regulation. (Ord. 2009-63, passed 11-17-2009; Am. Ord. 2013-118, passed 3-19-2013; Am. Ord. 2019-273, passed 7-17-2019)
§ 5.01.210 § 5.01.250 APPEAL.
A determination under this chapter may be appealed as set out in Menifee Municipal Code Section section 2.04.050.
(Ord. 2009-63, passed 11-17-2009; Am. Ord. 2019-273, passed 7-17-2019) § 5.01.220 § 5.01.260 VIOLATION; PENALTY.
A violation of this chapter is a violation of the Menifee Municipal Code and is a misdemeanor. A violation of this chapter also constitutes a public nuisance. This chapter may be enforced by the city City by any available means, including, but not limited to, administrative citation or injunction. (Ord. 2009-63, passed 11-17-2009; Am. Ord. 2013-118, passed 3-19-2013; Am. Ord. 2013-124, passed 5-28-2013; Am. Ord. 2019-273, passed 7-17-2019)
Item Title: 12.2 Business License Ordinance Revision
Item Page Number: 42
Menifee Mayor and City Council May 18, 2022