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Birchardta Qaiwra ---- coum y►*, nrsrxrr —a .. HOME OCCUPATION OF A BUSINESS 7 l lw f� PERMIT#HER ffg I INSPECTION DATE (� + 1 TIME lJ Please read each condition listed on the attachment in this packet to see if the proposed home business complies with the City's Home Occupation regulations. NEW APPLICATION $75.00 LOCATION CHANGE $40.00 Applicant Names: Elizabeth Ann Marie Birchard Address: 78650 SaT-ro Road., La Quinta, CA 92253 Q LAof O Phone: 760-880-9040 Email: Lizbirchard1968@gmail.com Type of residence: Square Footage: Single Family 1758 Type of Business: Chips Sales Brief Description of the Business Operation: Selling to friends and Family, Farmers Market Location and Square Footage of Business in Home: (Ex. Bedroom 120 SF) Kitchen/ Pantry 85 sq ft Number of Persons Involved in Business: 1 Description of Machinery, Equipment, and Supplies Being Used: Deep Fryer, Bags, Labels I HAVE READ, UNDERSTAND, AND AGREE WITH THE ATTACHED CONDITIONS BY WHICH A HOME OCCUPATION PERMIT IS ALLOWED. APP ANT'S SIGNATURE DATE 78495 CALLE TAMPICO - LA QUINTA, CA 92253 - 760-777-7000 WWW.LAQUINTACA.GOV IF APPLICANT IS OTHER THAN THE PROPERTY OWNER, A SIGNED AUTHORIZATION FROM OWNER OR RENTAL/ -ASING AGENT IS REQUIRED. I r oo� GE T SIGNATURE DATE AGENT COMPANY NAME CONTACT PHONE PLEASE CONTACT YOUR HOMEOWNER'S ASSOCIATION PRIOR TO PAYING FOR YOUR HOME OCCUPATION PERMIT. YOUR HOA MAY RESTRICT OR PROHIBIT A HOME BASED BUSINESS. IMPORTANT: FALSE OR MISLEADING INFORMATION SHALL BE GROUNDS FOR DENYING YOUR APPLICATION; FAILURE TO COMPLY WITH THE CONDITIONS LISTED ON THE ATTACHED PAGE SHALL BE GROUNDS FOR REVOCATION OF THIS PERMIT I HAVE READ AND UNDERSTAND THIS STATEMENT. SIGNATURE CODE COMPLIANCE USE ONLY rrrrrrr�r��r�s�rrrrw■�■rwrrrrrrrrrrrrr....r...rrr.rrarrssrrrra.rrrrrrrrrrrrr■ APPROVED DENIED d !R SPECIAL CONDITIONS /ZZ Gb DA"P f? 78495 CALLE TAMPICO - LA QUINTA, CA 92253 - 760-777-7000 WWW.LAQUINTACA.GOV WORKER'S COMPENSATION If your company has employees, a copy of the Workman's Compensation Policy must accompany the'busiuess license application, indicating dates of coverage and dollar amount. This proof of coverage must be received before the business license can be processed. If you do not have employees, please check the last section on this page: "I Certify that......" If your business is being operated from your home in La Quinta, a home Occupation Permit is required before a business license is issued. If you have any questions,'please contact the Code Compliance Division at 777-7050. Every employer who applies for any license or renewal of any license for a business issued pursuant to Section 37101 of the government Code or Section 7284 of the Revenue and Taxation code. shall w-niele anj deldwtiwzthat states the folkyvine: ILT I hereby afinn under penalty of perjury, one of the following declarations: I have and will maintain a certificate of consent to self -insure for Worker's Compensation, as provided by Section 3700 for the duration of any business activities conducted for which this license is issued. I have and will maintain Worker's Compensation Insurance, as required by Section 3700 for the duration of any business activities conducted for which this license is issued. My Worker's Compensation insurance carrier and policy number: Policy Number: Expires:____..___._ A COPY OF SAID POLICY OR CERTIFICATE OF CONSENT SHOWING THE AMOUNT OF COVERAGE AND EXPIRATION DATE FOR WORKER'S COMPENSATION IS REQUIRED TO PROCESS TI[IS PLICATION. V __.. I certify that in the perFormance of any business activities for which this license is issued, I shall not employ any person in any manner so as to become subject to the �• worker's compensation laws of California, and agree that if I should become subject to the worker's compensation provisions of Section 3700,1 will provide the City with a policy or certificate copy within ten (10) days of the clkaxge in requirements. r .ice t .AP.I' * ANT SIGNATURE DATE WARNING: Failure to secure Worker's Compensation coverage is unlawful, and shall subject an employer to criminal penalties'and civil fines up to $100,001. In addition to the cost of compensation, damages, interest, and attorney's fees may be assessed to you as provided in Section 3706 of the Labor Code. ALL HOME OCCUPATIONS SHALL COMPLY WITH THE FOLLOWING CONDITIONS: 1. The establishment and conduct of a home occupation shall be an incidental and accessory use and shall not change the principal character or use of the dwelling unit involved. 2. Only residents of the dwelling unit may be engaged in the home occupation. 3. A home occupation shall be conducted only within the enclosed living area of the principal dwelling unit or within the garage provided no garage space required for off-street parking is used. The home occupation shall not occupy more than twenty-five percent of the combined floor area of the house and garage. 4. A home occupation shall not be conducted within a detached accessory structure, although materials may be stored in such a structure. 5. There shall be no signs, outdoor storage, parked vehicles or other exterior evidence of the conduct of the home occupation. Neither the dwelling nor the lot shall be altered in appearance so that it appears other than a residence, either by color, materials, construction, lighting, sounds, vibrations or other characteristics. 6. Electrical or mechanical equipment which creates interference in radio, television or telephone receivers or causes fluctuations in line voltage outside the dwelling unit shall be prohibited. 7. The home occupation shall not create dust, noise or odors in excess of that normally associated with residential use. 8. No sales activity shall be conducted from the dwelling except for mail order sales. The dwelling unit shall not be the point of customer pickup or delivery of products or services, nor shall a home occupation create greater vehicular or pedestrian traffic than normal for the district in which it is located. Exception: Musical instruction and academic tutoring where not more than two students are present at the residence at the same time shall be permitted. 9. Medical, dental or similar occupations in which patients are seen in the home are prohibited. 10. All conditions attached to the home occupation permit shall be fully complied with at all times. Revocation or Suspension of Permit. The director of building and safety may revoke or suspend any permit for a home occupation if the director determines that any of the performance and development standards listed in subsection C of this section have been or are being violated, that the occupation authorized by the permit is or has been conducted in violation of any state statute or city law, or that the home occupation has changed or is different from that authorized when the permit was issued. Conditions Per La Quinta Municipal Codes: 9.60.1100, 9.160, 9.210.60 HOME OCCUPATION CONDITIONS ADDRESS 78650 Saguaro Road H.0.2017-0081 ALL HOME OCCUPATIONS SHALL COMPLY WITH THE FOLLOWING CONDITIONS: 1. The establishment and conduct of a home occupation shall be an incidental and accessory use and shall not change the principal character or use of the dwelling unit involved. 2. Only residents of the dwelling unit may be engaged in the home occupation. 3. A home occupation shall be conducted only within the enclosed living area of the principal dwelling unit or within the garage provided no garage space required for off-street parking is used. The home occupation shall not occupy more than twenty-five percent of the combined floor area of the house and garage. 4. A home occupation shall not be conducted within a detached accessory structure, although materials may be stored in such a structure. 5. There shall be no signs, outdoor storage, parked vehicles or other exterior evidence of the conduct of the home occupation. Neither the dwelling nor the lot shall be altered in appearance so that it appears other than a residence, either by color, materials, construction, lighting, sounds, vibrations or other characteristics. 6. Electrical or mechanical equipment which creates interference in radio, television or telephone receivers or causes fluctuations in line voltage outside the dwelling unit shall be prohibited. 7. The home occupation shall not create dust, noise or odors in excess of that normally associated with residential use. 8. No sales activity shall be conducted from the dwelling except for mail order sales. The dwelling unit shall not be the point of customer pickup or delivery of products or services, nor shall a home occupation create greater vehicular or pedestrian traffic than normal for the district in which it is located. Exception: Musical instruction and academic tutoring where not more than two students are present at the residence at the same time shall be permitted. 9. Medical, dental or similar occupations in which patients are seen in the home are prohibited. 10. All conditions attached to the home occupation permit shall be fully complied with at all times. Revocation or Suspension of Permit. The director of building and safety may revoke or suspend any permit for a home occupation if the director determines that any of the performance and development standards listed in subsection C of this section have been or are being violated, that the occupation authorized by the permit is or has been conducted in violation of any state statute or city law, or that the home occupation has changed or is different from that authorized when the permit was issued. Special Conditions: BY SIGNING THIS DOCUMENT I AGREE THAT I HAVE READ, UNDERSTAND AND WIL OMPLY W AL CONDITIONS. % AV -4J47 AZI(ET?SIG NA URE /,02 _A6 DATE Conditions Per La Quinta Municipal Codes: 9.60.110, 9.160, 9.210.060 PETER ALDANA COUNTY OF RIVERSIDE P.O. Box 751, Riverside, CA 92502-0751 - (951) 486-7000 ASSESSOR -COUNTY CLERK -RECORDER 38-686 El Cerrito Road, Palm Desert, CA 92211 - (760) 863-8732 OFFICE OF THE COUNTY CLERK FICTITIOUS BUSINESS NAME STATEMENT COUNTY CLERK'S FILING STAMP SEE REVERSE SIDE FOR FEES AND INSTRUCTIONS F I L E D County of Riverside CLERK'S USE ONLY Peter Aldana USE BLACK INK ONLY - $ 17A02874 As Clerk Recorder MUST BE TYPED OR PRINTED INITIAL CROSS OUTS RIC Receipt R-201716106 NO WHITE OUT ALLOWED Comnraas: 12/15/2017 02:36 PM Fee: $58.00 — Page 1 of 1 THE FOLLOWING PERSON(S) IS (ARE) DOING BUSINESS AS: In. Fictitious Business Name (If more than one business name at same address - Attach, Supplemental Sheet) TUTU'S TORTILLA CHIPS 11b. List COMPLETE Physical Business Address (No P.O. Boxes or Postal Facilities) 1c. Name of County (where business is located) 78650 SAGUARO RD, LA QUINTA, CA 92253 RN_ ERSIDE Mailing Address (If different than business address - optional) 2a. Registrant Information (Individual, Corp., LLC, Gen. Partner, etc.) 2b. Registrant Information (Individual, Corp., LLC, Gen. Partner, etc.) ELIZABETH ANN MARIE BIRCHARD _ If individual -spell out first, middle and last names (use dash if no middle name) If individual -spell out first, middle and last names (use dash if no middle name) 78650 SAGUARO RD Residence Address (if Corp. or LLC enter the physical address of the CorpJLLC) _ Residence Address (if Corp. or LLC enter the physical address of the. CorpJLLC) LA QUINTA CA ._ , , _ 92253 _ City State Zip City State Zip List State of CorpJLLC. Must be registered in Colifmial List State of CorpJLLC. Must be registered in lRalifornia 2c. Registrant Information (individual, Corp., LLC, Gen. Partner, etc.) 2d. Registrant Information (Individual, Corp., LLC, Gen. Partner, etc.) If individual -spell out first middle and last names use dash if no middle name If individual -spell out first, middle and last names use dash if no middle name Residence Address (if Corp. or LLC enter the physical address of the CorpJLLC) Residence Address (if Corp. or LLC enter the p4ysical address of the CorpJLLC) City State Zip _ City State — Yip List State of CorpJLLC. Must be registered in California list State of CorpJLLC. Must be registered in California 3. This business is conducted by: (II More Than tour Registrants - Attach Addhlonal Sheet Showing Owner Information) ® Individual ❑ Married Couple ❑ Trust ❑ Corporation ❑ General Partnership ❑ A Limited Partnership ❑ Co-partners ❑ Joint Venture ❑ Limited Liability Company ❑ Limited Liability Partnership ❑ An UnInconrictrated Association - other than a partnership ❑ State or Local Registered Domestic Partnership 4.0 Registrant has not yet begun to transact business under the fictitious name(s) listed above. ❑ Registrant commenced to transact business under the fictitious business name(s) listed above on I declare that all the Information 1n this statement Is true and correct. (A registrant who declares as true any rnaterlal natter pursuant to Section 17913 of the Business and Professions Code that the registrant !mows to be false is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000).) 5. Signature(s) (Only one Is required) Typed or Printed Name(s) ELIZABETH BIRCHARD If Limited Liability Company/Corporation, Title CIC'D BY: THIS STATEMENT WAS FILED WITH THE COUNTY CLERK OF RIVERSIDE COUNTY ON DATE INDICATED BY FILE STAMP ABOVE NOTICE -IN ACCORDANCE WITH SUBDIVISION (a) OF SECTION 17920, A FICTITIOUS BUSINESS I HEREBY CERTIFY THAT THIS COPY IS A CORRECT COPY NAME S'I ATEMENT GENERALLY EXPIRES AT THE END OF FIVE YEARS FROM THE DATE ON OF THE ORIGINAL STATEMENT ON FILE IN MY OFFICE. WHICH IT WAS FILED IN THE OFFICE OF THE COUNTY CLERK, EXCEPT, AS PROVIDED IN PETER ALDANA SUBDIVISION (b) OF SECTION 17920, WHERE IT EXPIRES 40 DAYS AFTER ANY CHANGE IN THE FACTS SET FORTH IN THIS STATEMENT PURSUANT TO SECTION 17913 OTHER THAN A CHANGE IN THE RESIDENCE ADDRESS OF A REGISTERED OWNER. A NEW FICTITIOUS RIVERSIDE COUNTY CLERK BUSINESS NAME STATEMENT MUST BE FILED BEFORE THE EXPIRATION. THE FILING OF THIS STATEMENT DOES NOT OF ITSELF AUTHORIZE THE USE IN THIS STATE OF A FICTITIOUS $A Deputy BUSINESS NAME IN VIOLATION OF THE RIGHTS OF ANOTHER FEDERAL, STATE OR COMMON --- • - . _. LAW (SEE SECTION 14411 ET SEQ., BUSINESS AND PROFESSIONAL CODE). A- Vthew. u11Vit COUNTY OF RIVERSIDE DEPARTMENT OF ENVIRONMENTAL HEALTH COTTAGE FOOD OPERATION INSPECTION FORM FACILITY DBA S PHONE DATEr`'JI'Cf 11,4 ADDRESS 77SGS`a 5-Su�L6 � CITY ZIP CODE �vr, 4z -Z 3 DISTRICT REINSP. DATI _ 1. -c NAME/ +& TITLE OF}PERSON IN CHARGE l.r PERMIT HQLDER ffat�.�_ P.E.1 SERVICE TIME IN I OUT !@' Class A PERMIT OR REGISTRATION # (RECORD ID #) EXP. DATE J , Routine ❑ Complaint ❑ Class B r)c"F- Til above noted violations must be corrected b ASS ❑ REINSPECTION REQUIRED. A fee of $ will be charged for each reinspection as authorized by Riverside County Ordinance 640.; ❑ CLOSURE: This CFO is hereby closed by the Environmental Health Diapartment. The CFO is to remiin closed until cleared by this Department. ❑ Photagmphic documentation obiained. NLc '2 1 4� ❑ Reinspection ❑ Initial Inspection VIOLATIONS POSE A THREAT TO PUBLIC HEALTH AND MU4 i UE CORRECTED. UNCORRECTED VIOLATIONS MAY WARRANT CLOSURE OF THE COTTAGE FOOD OPERATION (CFO). A REINSPECTION MAY BE CONDUCTED AND FEES ASSESSED AS AU I101iQED BY nIVERSIDE COUNTY ORDINANCE 640. THE CONDITIONS LISTED BELOW CORRESPOND TO VIOLATIONS OF THE CALIFORNIA HEALTH AND SAFETY CODE AND/ OR RIVERSIDE COUNTY ORDINANCES LISTED AND MUST BE CORRECTED AS INDICATED BY THE ENFORCEMENT OFFICER. THE DEPARTMENT OF ENVIRONMENTAL HEALTH APPRECIATES YOUR COOPERATION. PUBLIC HEALTH IS EVERYONE'S RESPONSIBILITY. IN •- lir Gumpliance OUT -• Out of Compliance NIA - Not Applicable NIO- Not Observed _--- DEMONSTRATION OF KNOWLEDGE IN OUT NIA NIO FACILITY REQUIREMENTS IN OUT NIA Nlo 1. Self -certification checklist submitted (Class A) 2. Food processor coarse complete EMPLOYEE HEALTH & HYGIENE PRACTICES 3. No ill employees or workers 4. No smoking in CFO '- cc( t frt '�"� �n Yli 1. C ry ' ' ,...(, 5. Employees shall not contaminate food f ` PREVENT CONTAMINATION BY HANDS 6. Hand washing station stocked and available r/ 7. Hands washed prior to food preparation S. Proper glove use APPROVED FOOD ITEM 9. Food prepared from approved food list only WATER 10. Potable watersouroe PROTECTION FROM CONTAMINATION 11. Food free from contamination and adulteration '- cc( t frt '�"� �n Yli 1. C ry ' ' ,...(, , r•S.LiI •iril'.y t 12. Kitchen equipment and utensifs clean and in good rn air / V 13. Food contact surfaces are cleaned and sanitized re Ji rrjt f i nA Y r ) w F d Gte1 LA -n JA r A� 1- )4 61 4. - 14. No infants, small children, or pets in kitchen during CFO hours - I 1 G1.N?.F�l .I. ;l • f7,3; ' A 1 15. Adequate storage for food and related equipment 16. Food preparation occurs in private kitchen Of CFO 17. CFO located in private dwelling /operator residence. LABELING 18. "Made in a Home Kitchen" on package 19. Common name of product on package 20. Name of CFO on package +✓ 21. Ingredients listed on package 22. Registration or permit number and County of registration an package VERMIN 23. No rodents, insects or other animals within CFO COMPLIANCE AND ENFORCEMENT 24. CFO operating with valid permit or registration ve 25. Approved direct sales to consumers 26. Approved 'indirect sales in county of origin 27. Approved number of employees 28. Meets gross sales requirements OTHER: REMARKS, OBSERVATIONS, AND CORRECTIVE ACTIONS: '- cc( t frt '�"� �n Yli 1. C ry ' ' ,...(, , r•S.LiI •iril'.y t ✓� re Ji rrjt f i nA Y r ) w F d Gte1 LA -n JA r A� 1- )4 61 4. - J - I 1 G1.N?.F�l .I. ;l • f7,3; ' A 1 Til above noted violations must be corrected b ASS ❑ REINSPECTION REQUIRED. A fee of $ will be charged for each reinspection as authorized by Riverside County Ordinance 640.; ❑ CLOSURE: This CFO is hereby closed by the Environmental Health Diapartment. The CFO is to remiin closed until cleared by this Department. ❑ Photagmphic documentation obiained. REC IVF.•O•i3Y,OV ENVIRON�rAL HF-ALTH SPECIALIST (PRINT] Y� SIGNATUREJINITIALS OFFICES IN: RIVERSIDE, BLYTHE,"CORONA, HEMET, INDIO, MURRIETA AND PALM SPRINGS For more information call (888) 722-4234 - Department Web Site - Nvww.riveoell.ore :ev 01 /2013 Mary Fasano From: Kevin Meredith Sent: Friday, December 15, 2017 9:19 AM To: Mary Fasano Cc: Missy Mendoza; Tommi Sanchez Subject: Cottage Food Operation Attachments: La Quinta Municipal Code (La Quinta California).pdf Hi Mary, I did some research on the Cottage Food Business application that Mrs. Birchard and Ms. Fonville came to the counter with yesterday. It appears to me that you are correct to require a Home Occupation Permit in conjunction with the Business License for the home run business. Regarding Ms. Fonville's question and intent to list Mrs. Birchard, Ms. Davison and herself on the application for the Business License and the Home Occupation Permit, this does not appear to work. I've attached our municipal code and I read the Health and Safety Code section 113758, they pretty much mirror each other. LQMC 9.60.115 B states in part "For the purpose of this section, a "cottage food operation" means an enterprise wherein an individual prepares and packages non -potentially hazardous food in a primary residential dwelling unit, which serves as his or her private residence, said foods being for the direct and/or indirect sale to consumers, and that does not have more than one full-time equivalent employee," I read this to show intent that the cottage food operation is for an individual, not partners. LQMC 9.60.115 C (1) states in part "The operator of the cottage food operation shall be the individual who conducts the cottage food operation from his or her private residential dwelling unit and is the owner of the cottage food operation" This section uses "the" and "individual" indicating that this is an operation intended for a singular owner/operator. • LQMC 9.60.115 C (3) states in part "The individual who conducts the cottage food operation from his or her private residential dwelling unit must be the owner of the cottage food operation" This section appears to clearly state that the cottage food operator must also be the owner. I believe that Mrs. Birchard may apply and receive her permit to run a cottage food operation from her residence but that Ms. Fonville and Ms. Davison cannot be on the Business License or Home Occupation Permit. One or the other could be considered an employee (paid or volunteer) and participate in the operation but not be -on any licenses or permits. Please let me know if you have a different interpretation or need more information on this. Thank you. Kevin