2012/10/23 City Council Ordinance 849
ORDINANCE NO. 849
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AMENDING SECTION 5.04.060, "EXEMPTIONS" OF TITLE 5, "BUSINESS
LICENSES-GENERAL PROVISIONS", OF THE
ROHNERT PARK MUNICIPAL CODE
WHEREAS, The City ofRohnert Park ("City") sponsors many events that utilize vendors as a source of
revenue for the City. These events include, but are not limited to, the popular Farmers Market, Tasty
Tuesday, and Arts & Crafts Fairs presented by the Community Services Department;
WHEREAS, Rohnert Park Municipal Code Section 5.04.030 requires that all persons doing business
in Rohnett Park pay a business license tax;
WHEREAS, the Municipal Code is not clear whether it should be applied to periodic vendors, but the
apparent intent of the business license tax was to impose a charge on established and ongoing businesses
only;
WHEREAS, vendors are required to pay a vendor participation fee in order to participate in any events
sponsored by the Community Services Department imposed pursuant to the Recreation Fee Schedule;
WHEREAS, the vendors at these events tend to only attend one or two events a year, and therefore are
not imposing the same types of impacts on the City as the established and ongoing businesses that are
subject to the business license tax.
WHEREAS, requiring a vendor participation fee plus a business license creates a potential barrier to
entry because there is such a short period of time to amortize the costs, which could eliminate any
profit the vendors might have for the event, discouraging them from participating;
WHEREAS, the City wishes to encourage participation in these types of events because these vendors
can attract the public to the event and the vendor fees provide revenue to the facility and pay for other
activities at the event such as entertainment;
WHEREAS, it is a common practice for many cities to waive business license fees for vendors
participating in special events sponsored by the City.
NOW, THEREFORE, the City Council of the City ofRohnert Park does hereby ordain as
follows:
SECTION 1. Recitals. The City Council of the City ofRohnert Park does hereby find that the
above referenced recitals are true and correct and material to the adoption of this Ordinance.
SECTION 2. Amendment. Section 5.04.060, "Exemptions," of Title 5, "Business Licenses-
General Provisions" of the Rohnert Park Municipal Code is hereby amended to add the following
exemption to Subdivision (E) of that Section:
7: Vendors whose business is conducted exclusively in connection with special events offered by: (1)
the Community Services Department of the City, or (2) other City-sponsored special events. For the
purposes of this section the term "vendor" shall refer only to those vendors selling produce, pre-
packaged food, or arts and craft items.
SECTION 3. Severability. The City Council hereby declares that every section, paragraph,
sentence, clause, and phrase of this ordinance is severable. Ifany section, paragraph, sentence,
clause, or phrase ofthis ordinance is for any reason found to be invalid or unconstitutional, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining
sections, paragraphs, sentences, clauses, or phrases.
SECTION 4. Effective Date. This Ordinance shall be in full force and effective thirty (30) days
after its adoption and shall be published and posted as required by law.
This ordinance was introduced by title on October 9,2012, by the following Roll Call Vote:
AYES: Council Members Belforte, Callinan, Vice Mayor Stafford, and Mayor Mackenzie
NOES: Council Member Ahanotu
ABSENT: None
ABSTAIN: None
DULY AND REGULARLY ADOPTED by the City Council of the City ofRohnert Park on
October 23, 2012, by a vote of the City Council as follows:
AYES: Council Members Ahanotu~,Belforte, Callinan, Vice Mayor Stafford, and
NOES' Mayor Mackenzie
. None
ABSENT: None
ABSTAIN: None
ATTEST:
APPROVED AS TO FORM
fAL--- ^,.~
Ap ~. City Attorney I A\ ."...",.1..1'11\ B'''''I'Il-t-i/1
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA)
) ss
County of Sonoma )
JoAnne Buen!ler, under penalty of perjury, deposes and says:
That she is, and during all times herein mentioned was, the duly acting and qualified City
Clerk ofthe City of Rohnert Park, Sonoma County, California; and that on the 24th day of
October, 2012, she posted as required by law full, true, and correct copies of ORDINANCE
NO. 849, Ordinance Amending Section 5.04.060 of the Rohnert Park Municipal Code:
"Exemptions" of Title 5, "Business Licenses-General Provision" in the following places:
City Hall
130 Avram Avenue
Public Safety Department
500 City Center Drive
Rohnert Park Community Center
5401 Snyder Lane
Library
6250 Lynne Conde Way
www.rpcitv.or2 for website posting
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\ City Cler 6
)
Subscribed and sworn to before me
this 25th day of October, 2012.
~~%~
Deputy City lerk
M:\Ordinances\Ordinances 20 12\Affidavits of Posting\Affidavit of Posting 849.docx
CERTIFICATION OF PUBLICATION IN
"The Community VOICE"
(Published every Friday)
in the
SUPERIOR COURT
of the
STATE OF CALIFORNIA
In and For the County of Sonoma
COUNTY OF SONOMA
City ofRohnert Park
Ordinance No. 849
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn,
deposes and says: That at all times hereinafter mentioned she was a citizen of the United States, over the age of eighteen
years and a resident of said county and was at all said times the principal clerk of the printer and publisher of The
Community VOICE, a newspaper of general circulation, published in the City of Rohnert Park, ill said County of
Sonoma, State of California; that The Community VOICE is and was at all times herein mentioned, a newspaper of
general circulation as that term is defined by Section 6000 of the Government Code; its status as such newspaper of
general circulation having been established by Court Decree No. 35815 of the Superior Court of the State of California,
in and for the County of Sonoma, Department No. 1 thereof; and as provided by said Section 6000, is published for the
dissemination of local and telegraphic news and intelligence of a general character, having a bona fide subscription list
of paying subscribers, and is not devoted to the interest, or published for the entertainment or instruction of a particular
class, profession, trade, calling, race or denomination, or for the entertainment and instruction of such classes,
professions, trades, callings, races or denominations; that at all said times said newspaper has been established and
published in the said City of Rohnert Park, in said County and State at regular intervals for more than one year preceding
the first publication of this notice herein mentioned; that said notice was set in type not smaller than non-pareil and was
preceded with words printed in black face type no smaller than non-pareil, describing and expressing in general terms,
the purport and character of the notice intended to be given; that the "City ofRohnert Park Ordinance No. 849" of which
the annexed is a printed copy, was published in said newspaper at least _1_ consecutive time(s), commencing on the
_26_ day of October, and ending on the _26_ day of October, 2012.
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I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED this 26 day of October, 2012 at Rohnert Park, California
Signed fl ~_.
Rose Shah' ,/ Chief Clerk
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