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TO: Mayor Richard Irvin
FROM: Adrienne M. Holloway, Chief Innovation Officer
John Curley, Chief Development Services Officer
Kristin Ziman, Chief, Aurora Police Department
Gary Krienitz, Chief, Aurora Fire Department
DATE: March 27, 2019
SUBJECT:
Requesting approval to amend Chapter 25 Entitled "Licenses, Permits and Miscellaneous Business Regulations" of the Aurora Code of Ordinances to establish an Aurora Business Registration Program.
PURPOSE:
The City of Aurora currently requires select businesses to register as a licensed business operating within city limits. However, not requiring all Aurora based businesses to register with the City results in limited data on the local business community that is available to city staff. Such data can be extremely beneficial in the delivery of services, specifically from our public safety personnel. The Aurora Business Registration Program will be a centralized data gathering system that will capture pertinent public safety related data elements, identified by city staff that will be accessible when necessary for the provision of city services.
BACKGROUND:
Rationale:
Currently, city departments receive local business data in myriad fashions. Certain businesses are required to apply for licenses and/or pay fees (see Attachment #1-COA Licenses & Fees) and data from these transactions are retained in specific databases, not easily accessible by other city departments. Local businesses that fall outside of city licensing requirements become known to city personnel randomly. For instance, Buildings and Permits may become aware of an area business as a result of a construction permit request. Similarly, the fire department may become aware of a change in a business’s use during an annual inspection, an accidental drive by or word of mouth. Not having current information on a local business can present challenges in maintaining city safety. For instance, in the case of a fire at a local establishment, an unbeknownst change in its business use can render firefighters challenged when addressing the emergency, if appropriate supplies aren’t brought to the scene. An established registration system will require businesses to report any business changes to the City so that our city database remains current, thereby protecting the business, our public safety staff and our constituents.
Further, collecting (business) occupancy data enables city departments including Zoning/Land Use, Building and Property Standards to deliver quality services to our business residents. It also facilitates compliance with city ordinances under the purview of these department. The data gathered via a business registration program, in concert with current licensing data, once centralized, will ensure that we have a holistic view of our business landscape and the manner to which businesses operate in our city that will better equip our staff to deliver good public services.
Previous Efforts:
Under the direction of Mayor Stover in 2004, former Director of Finance Brian Caputo, received city council approval to engage in a contractual relationship with Miller Cooper & Co. LTD in the amount of $19,000 to conduct a business license fee study for the city. It was anticipated that the city was to experience a shortfall of revenues in its 2005 General Fund budget. Accordingly, staff began exploring changes to the city’s revenue structure that permit it to balance the 2005 budget. One of the changes under consideration was the institution of a business license. Hence, the fee study. Please see Attachment #2-Fee Study.
Additionally, under the direction of Mayor Weisner, city staff, inclusive of the former Chief Financial Officer Brian Caputo, pursued the development of a City of Aurora Business License program in 2010. The purpose of the program was to develop a repository of information for use in the analysis of the city’s business population and development potential. Further, information collected through the program was to be used to facilitate the advancement of health, welfare, and safety in the community. A change in priority resulted in the program not being presented to City Council for review and subsequently archived.
DISCUSSION:
Several city departments have identified specific data elements that, when gathered from a business registration process, will improve upon its ability to effectively and efficiently deliver services to City of Aurora constituents, inclusive of area businesses. Several examples are listed below by type of service.
*Public Safety
Public safety personnel will benefit from knowing the following:
-Conceal Carry License Information-Beneficial to officer safety when responding to calls as it would help them properly prepare for the risks and dangers they may encounter upon arriving on scene.
-Camera location on premises-Beneficial to officers in order to help solve crimes that may occur at that business by accessing and utilizing surveillance video from that business.
-Emergency Contact-Ability to quickly connect with a business’ designated emergency contact person in the event of a fire or other emergency.
-Emergency Plans-Allows Fire Department to be made aware of a new business opening in the city which may prompt a visit by staff to develop emergency response plans.
-City Notification-Allows Public Safety staff to notify business property owners of city emergencies, such as road construction and utility issues.
-Hours of Operation-Pertinent to the officers when patrolling.
-Security Personnel on Premises-Beneficial to officer safety as well as being an intelligence gathering opportunity when preparing for and responding to calls.
*Economic Development
A modernized city the size and scale of Aurora should have readily available data about its business community so it can target, pursue and respond to economic development opportunities. Data on local business types, industry niches, business trends and other business data is needed in order to meet our economic development goals.
-Business Type and Structure- Data will establish baseline metrics and analyses that inform strategic planning decisions. Further, the City will be able use analyses to communicate areas of growth within different business sectors and identify business gaps for recruitment purposes.
--Data elements that support a rigorous economic development strategy include:
---Employment (positions) Data-Benefit workforce development initiatives.
---Sales Tax Accounting-Ensures that the City of Aurora receives all expected revenue from area businesses.
Other benefits to the city and its residents via an operational business registration program include:
-Ensuring that businesses are consistently and appropriately permitted.
-Ensuring that businesses are connected to the city and as such, become aware of city regulations, requirements, services and opportunities.
Please see Attachment #3 for a draft City of Aurora Business Registration Form.
Outreach Activity and Feedback Received:
Staff insight and the business registration program framework was the foundation used in our outreach efforts to receive questions, suggestions and concerns from the business community. The outreach activity plan was/is as follows:
Roundtable Sessions: January 23, 2019 & February 11, 2019
Feedback (Thematic):
Home based businesses, Not-For-Profits, Churches should be required to register; consider fee vs. fine structure; make process simple; add benefits/incentives to registration compliance.
Stakeholder Conversations:
Invest Aurora, Aurora Downtown, Aurora Area Visitors & Convention Bureau, Aurora Chamber of Commerce, Quad County African America Chamber of Commerce, and the Aurora Regional Hispanic Chamber Of Commerce.
Feedback (Thematic):
Public Safety data is important; keep simple; consider no to low fee; data sharing is helpful; should be annual; will assist with outreach; consider language barriers in program development; where possible, combine registration with other City of Aurora programs.
Ongoing & Future Outreach Efforts
Other Outreach Efforts:
Let’s Talk Aurora Online Community Engagement Portal www.LetsTalk.Aurora-IL.org <http://www.LetsTalk.Aurora-IL.org>. The proposed Aurora Business Registration Program is a featured project on the engagement portal allowing for the sharing of project information and the fostering of community feedback and conversation on the project. This engagement tool will remain in effect for the duration of program consideration by City Council.
Board Presentations:
Staff will make presentations to the respective boards of Invest Aurora, Aurora Downtown, Aurora Area Visitors & Convention Bureau, Aurora Regional Chamber of Commerce, Quad County African America Chamber of Commerce, and the Aurora Regional Hispanic Chamber Of Commerce to share council committee approved program elements to receive and consider relevant feedback.
Highlights of Proposed Program
Staff and community outreach data were synthesized to develop the proposed Aurora Business Registration Program (See Attachment #4-Draft Ordinance). Below are a few components of the program deemed important to highlight.
Impacted Businesses:
All businesses, inclusive of home based businesses, not-for-profit organizations and religious institutions (brick and mortar based) will be required to register.
Cost & Frequency of Program:
The Aurora Business Registration Program will be annual, requiring businesses to register or renew by a given date in January of each year. There will be no registration fee assessed for any of the impacted businesses. However, there will be a fine structure in place to address noncompliant businesses.
Program Management:
The Development Services department will be charged with managing the Aurora Business Registration Program. With the institution of Trak-IT, the department is expected to realize operational efficiencies through the new digitized processing of its work. When business registration is added to the menu of digitized processes, it is foreseen that the cost of the addition will be minimal, and can successfully be absorbed by existing staff (particularly for any counter service activity). Further, utilizing Trak-IT will allow for ease in data sharing with designated city of Aurora staff; in communicating with registered businesses; and, in facilitating renewal and enforcement processes.
Noncompliance:
Businesses that do not submit their business registration form by the due date will be given a 30 day grace period upon which a reminder notice will be issued that details the enforcement process and fine structure. Continued noncompliance will follow the Development Services department P-Ticket and adjudication process that will result in penalties being assessed against noncompliance businesses.
Data Sharing:
Businesses will be provided two options for sharing their business data (not to include public safety related data). First option will enable businesses to opt-in to the City of Aurora sharing data with select third party business/economic development partners (i.e. Invest Aurora, chambers of commerce). Second option will enable businesses to opt-in to only receiving communication related to business development opportunities from the City of Aurora. A business can modify its opt-in/opt-out decision annually at time of registration renewal.
Benefits/Incentives:
To encourage timely program compliance, benefits and incentives can be offered. This may include the provision of a Welcome to Aurora packet to newly established/registered businesses; the opt-in opt out feature presented above; and/or the development of business related workshops or training designed to stimulate business growth.
IMPACT STATEMENT:
Upon approval of the draft ordinance, the following timeline will be activated:
“Build Phase” (Months 1-3)
During this phase, Development Services will construct the digital system structure within Track-IT to facilitate business registration processing; train staff in elements of program implementation; and establish all other necessary protocols. Additionally, city staff will develop an outreach and marketing strategy to be used in the outreach and launch phases of program implementation.
“Outreach Phase” (Months 4-7)
In addition to following a developed outreach and marketing strategy, staff will also hold forums and workshops for area businesses and economic development partners to present to them the new policy, discuss all program elements with attendees and facilitate onsite demonstrations of the digital process to be used for registration form completion.
“Launch Phase” (Months 8-thereafter)
The Aurora Business Registration Process will officially be launched during this phase and will followed the established program registration deadline, grace period and non-compliance/enforcement schedules.
RECOMMENDATIONS:
Staff recommends adoption of the proposed ordinance.
cc: Special Committee on Ordinances
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Amending Chapter 25 Entitled "Licenses, Permits and Miscellaneous Business Regulations" of the Aurora Code of Ordinances to establish an Aurora Business Registration Program.
body
WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, the City of Aurora currently requires select businesses to register as a licensed business operating within the city, limiting access to valuable data on the local business community that is available to city staff; and
WHEREAS, data on businesses provide public safety personnel with life-saving information in the event of an emergency and economic development personnel with data, that when analyzed, can lead to improved business retention and attraction strategies; and
WHEREAS, the Aurora Business Registration Program will be a centralized data gathering system that will capture pertinent data elements, determined important by city staff, that will be accessible by city personnel, when necessary for the provision of city services; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows: that Chapter 25, entitled “Licenses, Permits and Miscellaneous Business Regulations” of the City of Aurora Code of Ordinances is hereby amended as follows: that Chapter 25, entitled “Licenses, Permits and Miscellaneous Business Regulations” of the City of Aurora Code of Ordinances is hereby amended to establish a City of Aurora Business Registration Program.
PASSED by the City Council of the City of Aurora, Illinois, on ______________________.
AYES__________ NAYS________
APPROVED AND SIGNED by the Mayor of the City of Aurora, Illinois, on
______________
______________________________
Mayor
ATTEST:
_______________________________
City Clerk
City of Aurora
44 East Downer Place
Aurora, Illinois 60507
(630) 844-4777