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RE: HELP! Once again - City Business License issue

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Dennis,

 

I had this issue come up when I first started my business in 2002. George Richards (who may still be on the list) faxed me a copy of a court judgement. I believe it was Englekirk vs. City of San Jose. I may have it buried in storage somewhere, but perhaps others have a copy.

 

Basically, they cannot charge you for a license if there is no physical office. They may pro-rate the fee if you exceed some thing like 5 hours annually performing on site inspections and the like. But for a 1 person office, this would equate to like 25 cents or some ridiculously small figure that would cost them more money to collect that it’s worth.

 

-gm

 

-----Original Message-----
From: Dennis S. Wish, PE [mailto:dennis.wish(--nospam--at)verizon.net]
Sent: Wednesday, April 12, 2006 10:49 AM
To: SEAINT Listservice
Subject: HELP! Once again - City Business License issue

 

We've gone through this one many times and I think the answer lies in the firm of Englekirk in the city of Los Angeles. There was a legal case where an engineering firm went to court because they were required to obtain a business license in cities that they did design work but did not have a physical presence. I kept a copy of the report or letter from SEAOC that proved that Engineers and Architects were exempt from having to obtain a business license in locations where they may have stepped foot, but did not have a physical presence and that they performed the design work elsewhere.

Do any of you have a copy of this document? I posted it on my web site some years ago but unfortunately, it was lost. I don't have the time to search the Internet for it again and was hoping that one of you could e-mail me a copy of the courts decision on this case. I believe that the case was tried some thirty years ago - at least twenty years because I remember presenting this as evidence in various cities who have sent me letters that I must obtain a business license.

Please post it privately to me since I receive the list e-mail in digest format and am not likely to see it. You can send a copy in DOC or PDF format (or most other forms) to me at dennis.wish(--nospam--at)verizon.net. I have to respond to the city of Indio California who hired an independent Auditing Service in Fresno to address this compliance issue. They are willing to evaluate the city requirements based on this document.

Sincerely,
Dennis S. Wish, PE
California Professional Engineer
Structural Engineering Professional
760.564.0884

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