Title
Treasurer-Tax Collector Department recommending the Board approve the Final Passage (Second Reading) of Ordinance 5187, amending certain exemptions in the County Business License Ordinance, Title 5, to: (a) provide eligible Veterans a 100 percent fee waiver of business licensing fees by amending Code Section 5.16.140 Exemptions and; (b) exempt certified massage therapists from the provisions of Chapter 5.34 - Adult-related Establishments by including this profession in Section 5.34.030 Exemptions. (Continued 11/14/2023, Item 26)
FUNDING: General Fund.
Body
DISCUSSION / BACKGROUND
On November 14, 2023, the Board continued this matter to December 5, 2023 for Final Passage (Second Reading) of Ordinance 5187, amending certain exemptions in the County Business License Ordinance, Title 5, to: (a) provide eligible Veterans a 100 percent fee waiver of business licensing fees by amending Code Section 5.16.140 Exemptions and; (b) exempt certified massage therapists from the provisions of Chapter 5.34 - Adult-related Establishments by including this profession in Section 5.34.030 Exemptions.
Pursuant to Board of Supervisors Policy A3, proposals for new ordinances and ordinance amendments shall first be presented to the Board for conceptual review. The Treasurer-Tax Collector Department recommends amending the El Dorado County Ordinance Code, Business License Ordinance, Title 5, exemptions, to:
a) provide eligible Veterans a 100 percent fee waiver of business licensing fees by amending Section 5.16.140 Exemptions and;
b) exempt certified massage therapists from the provisions of Chapter 5.34 - Adult-related Establishments by including this profession in Section 5.34.030 - Exemptions, similarly to recognized schools of massage meeting certain criteria for course completion.
Regarding Veteran-owned businesses, current ordinance for fee waiver is limited to “hawking, peddling or vending any goods, wares or merchandise own by him or her excepting alcoholic beverages…” The proposed ordinance change allows for sole-proprietor veteran-owned businesses to benefit from the waiver and represents good faith by the County to support and acknowledge veterans’ service and dedication. To be eligible for this fee waiver, an individual must be a veteran of the armed services who has been honorably discharged or released from active duty under honorable conditions. The Treasurer-Tax Collector may require documentation to verify applicant eligibility.
Regarding certified massage therapists, individuals must fulfill rigorous in-class training requirements for certification as dictated by the California Massage Therapy Council (CAMTC). The Council was formed pursuant to the California Business and Professional Code, Section 4600 et seq. CAMTC certification requires a minimum of 500 hours of in-class instruction from a CAMTC-approved school. In addition, a Live Scan fingerprinting / background check is required prior to certification. Exempting CAMTC-certified massage practitioners from the adult-related establishment acknowledges the professional and therapeutic nature of this category of practitioner.
Annual business license fees are not subject to the Board of Supervisor’s Policy B-2, Fee Waiving. The annual fee is included in the Treasurer-Tax Collector’s Office schedule of fees, Chapter 3.29 of the County Code of Ordinance, and is currently set at $51.00.
ALTERNATIVES
The Board could choose to not approve one or both amendments as proposed. If so, the existing Business License Ordinance would remain in effect.
PRIOR BOARD ACTION
N/A
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
The financial impact of waiving business license fees for eligible veteran-owned businesses is not known at this time. There is no financial impact for exempting CAMTC-certified massage therapists from the adult-related establishments section of the code.
CLERK OF THE BOARD FOLLOW UP ACTIONS
Chair to sign Ordinance.
STRATEGIC PLAN COMPONENT
Good Governance
CONTACT
K. E. Coleman, M.B.A.
Treasurer-Tax Collector