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ORD 2244
City of Pleasanton
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ORD 2244
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6/30/2023 4:22:55 PM
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5/2/2023 4:27:04 PM
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CITY CLERK
CITY CLERK - TYPE
ORDINANCES
DOCUMENT DATE
4/18/2023
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Ordinance
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Ordinance
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Ordinance No. 2244 <br /> Page 5 of 18 <br /> governmental agency indicating that the person is conducting business in the city; or (C) owns <br /> and/or maintains a fixed place of business in the city, or rents or leases real property within the <br /> city, for business purposes for the benefit or partial benefit of the person; and (D) makes a sale, <br /> takes an order, delivers goods as a private carrier to any destination within the city, renders a <br /> commercial service or performs any similar act within the city, such facts shall be considered <br /> prima facie evidence that the person is conducting business in the city. This includes, but is not <br /> limited to, persons who use a Pleasanton address for licensing by federal, state or other public <br /> agencies, even if business is done off-site out of Pleasanton or business only leases temporary <br /> space in Pleasanton. <br /> 5.20.020 Business not susceptible to measuring the license tax by gross receipts. <br /> A. In addition to other taxes required under this title, every person conducting or <br /> carrying on in the city the operation of a nonrevenue producing business shall pay a license tax <br /> as specified in the license tax schedule in Section 5.24.040 based on the total of all expenses <br /> incurred by the business during the course of the period covered by the business license in <br /> question. This includes, but is not limited to, gross payroll (including benefits), utilities, rent, <br /> supplies, consultants and other contracted services (including, but not limited to: legal counsel, <br /> marketing, technical support, etc.), insurance, depreciation and equipment. <br /> B. Startup companies shall pay a license tax based on operating expenses until <br /> revenues equal or exceed expenses. At that point gross receipts shall become the basis of tax. <br /> C. Nonrevenue producing businesses shall pay a business license tax based on <br /> operating expenses. <br /> D. A portion of a business which is a separate and clearly defined nonrevenue <br /> producing business may be taxed separately under this classification. As to a contractor with an <br /> office located in Pleasanton, the contractor will be taxed separately based on office operating <br /> expenses. <br /> 6.18.035 Operation of commercial marijuana or hemp delivery. In addition to the other <br /> prohibitions in this chapter, all commercial deliveries of nonmedical marijuana and hemp that <br /> either originate or terminate within the city are expressly prohibited. <br /> Beginning January 1, 2024, the commercial delivery of medical marijuana to a qualified patient, <br /> or that patient's primary caregiver, is permitted pursuant to California Business and Professions <br /> Code §§26320 et. seq. <br /> 9.04.070 Daytime exceptions. Any noise which does not produce a noise level exceeding 70 <br /> dBA at a distance of 25 feet under its most noisy condition of use shall be exempt from the <br /> provisions of Sections 9.04.030, 9.04.040 and 9.04.060(A) of this chapter between the hours of <br /> 8:00 a.m. and 8:00 p.m. daily, except Sundays and holidays, when the exemption herein shall <br /> apply between 10:00 a.m. and 6:00 p.m. <br /> The noise limits in this chapter shall not apply to the regularly scheduled pick up of trash, <br /> garbage, recycling, green waste, organics and the removal of fats, oils and grease required by <br /> Chapter 15.44. <br /> 9.32.110 Fees for tobacco retailer permit. The fee is $550.00 to issue, or $450.00 to renew, a <br /> tobacco retailer permit. The fee shall be adjusted July 1 st of each year beginning in 2022 based <br /> on Consumer Price Index for all urban users for all items for the San Francisco-Oakland- <br /> Hayward statistical area as reported by the U.S. Bureau of Labor Statistics or successor index. <br />
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