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Home My WebLink About03 - Adding Chapter 5.98 (Acceptance of Cash by Brick-and-Mortar Businesses) to the NBMC - CorrespondenceReceived After Agenda Printed September 10, 2024 Agenda Item No. 3 From: City Clerk"s Office To: Mulvey, Jennifer Subject: FW: Proposed Ordinance Requiring Acceptance of Cash by Brick -and -Mortar Businesses Date: September 06, 2024 9:59:49 AM From: Revenue Help <RevenueHelp@newportbeachca.gov> Sent: Friday, September 6, 2024 9:59:45 AM (UTC-08:00) Pacific Time (US & Canada) To: City Clerk's Office <CityClerk@newportbeachca.gov> Subject: FW: Proposed Ordinance Requiring Acceptance of Cash by Brick -and -Mortar Businesses From: Ted Mortenson <ted.mortenson@sbcglobal.net> Sent: September 05, 2024 6:12 PM To: Revenue Help <RevenueHelp@newportbeachca.gov> Subject: Fw: Proposed Ordinance Requiring Acceptance of Cash by Brick -and -Mortar Businesses [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Report phish using the Phish Alert Button above. Dear Sir/Madame/Whatever, Regarding the notice, I was not aware that it was legal for any business to NOT accept cash. Because if that is true, then our vitually worthless fiat money is no longer valued or otherwise accepted by businesses in our silly state? As a NB resident since 1967, I am genuinely confused. But then, the NBPD won't cooperate with local residents who want to file police reports for crimes ranging from terrorist threats, death threats, larceny,intellectual property theft, digital theft, car theft, etc, etc, etc.. What is going on in this City? Even our Mayor is confused. Sincerely, T.H. Mortenson, Jr. ----- Forwarded Message ----- From: City of Newport Beach <noreply cni newportbeachca.g_ov> To: "ted.mortenson(@sbcglobal.net" <ted.mortenson(a)-sbcglobal.net> Sent: Thursday, September 5, 2024 at 05:26:47 PM PDT Subject: Proposed Ordinance Requiring Acceptance of Cash by Brick -and -Mortar Businesses CITY OF NEWPORT BEACH 0 Revenue Division 100 Civic Center Drive Newport Beach, CA 92660 Dear Business Owners, Your business may be affected by an ordinance that the City Council is considering on Tuesday, September 10, 2024. The proposed ordinance would generally require brick - and -mortar businesses within the City to accept payment in cash, if offered, for any transaction involving the purchase of food or beverages, any consumer service, or goods, merchandise, products, clothes, shoes, or commodities, if the person seeking to engage in that transaction is physically present at the place of business. Consumer service is defined as any service that is offered to individuals at the brick -and -mortar business premises including, but not limited to, personal services, entertainment, fitness, tanning, printing and business services, pet care, nail care, haircuts, beauty treatments, tailoring of clothes, dry cleaning, car washing, shoe repair, tutoring, and automobile maintenance and repair. The proposed ordinance would not apply to services provided by doctors, dentists. physical therapist, and nurses, services provided at a person's residence, such as, construction, home repair, plumbing, cleaning, and landscaping, or professional services. The proposed ordinance specifies that a brick -and -mortar business may not charge a fee or place any other condition on its acceptance of cash except for the following: A. Suspected Counterfeit Currency. A brick -and -mortar business may refuse to accept cash that the business reasonably suspects to be counterfeit. B. Large Denominations. A brick -and -mortar business may refuse to accept cash in any denomination larger than a fifty -dollar note. C. Single Transactions above $5,000. Where a single transaction involves the purchase of one or more goods and/or services, the total price of which (including tax) exceeds $5,000, a brick -and -mortar business shall accept cash that is proffered as payment for any amount up to $5,000 but may refuse to accept cash as payment for the remainder of the amount due. D. Online, Phone, and Mail Transactions. A brick -and -mortar business may refuse to accept cash if the person is not physically present and the transaction is conducted completely online, by phone, or mail. E. Pay Stations and Vending Machines. A brick -and -mortar business may refuse to accept cash for transactions for parking at a parking pay station/meter, or purchases from vending machines including, but not limited to, transactions involving pre -paid card dispensing machines. The proposed effective date for this ordinance is March 31, 2025. Additional information related to the proposed ordinance may be found in the agenda packet for the City Council Meeting on September 10, 2024, which can be found at https://www.newportbeachca.gov/government/data-hub/agendas-minutes. If you have any questions, you may contact the Revenue Division via telephone at 949- 644-3141 or via email at revenuehelp(@newportbeachca.gov. Thankyou, City of Newport Beach From: City Clerk"s Office To: Mulvey, Jennifer Subject: FW: Proposed Ordinance Requiring Acceptance of Cash by Brick -and -Mortar Businesses Date: September 06, 2024 9:59:16 AM Importance: High From: Revenue Help <RevenueHelp@newportbeachca.gov> Sent: Friday, September 6, 2024 9:59:08 AM (UTC-08:00) Pacific Time (US & Canada) To: City Clerk's Office <CityClerk@newportbeachca.gov> Subject: FW: Proposed Ordinance Requiring Acceptance of Cash by Brick -and -Mortar Businesses From: Jeff Brown - AMI<jeff@americanmarineinsurance.com> Sent: September 06, 2024 9:42 AM To: Revenue Help <RevenueHelp@newportbeachca.gov> Subject: Proposed Ordinance Requiring Acceptance of Cash by Brick -and -Mortar Businesses Importance: High [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Report phish using the Phish Alert Button above. Hi, I strongly oppose the above ordinance. Small and medium businesses need every break they can get and have many reasons to operate without cash, including efficiency, expense reduction, and the health and safety of employees. Please, just leave us alone; we employ staff, pay our and taxes, and benefit the community. We do not need more government involvement with the attend increases legislative and legal burdens and fees to pay for yet more government bureaucracy. ►ERICA NA lel xL IM#U a Aw Cf Jeff Brown President Insuring the American Dream 2700 Newport Blvd, Ste. 190, Newport Beach, CA92663 949,,5643 8W.228, 6TJ9 jeffCMam erica n rna ri n ei nsu ra nce, cD rn america n ma ri n ei nsu ra nte. iD rn T}is email isc Aderdai and Qi%ileged aiY to&�stated adckess{sl.Any 3ehibdan, use c�pOng ofdis anal dr A'ie inforrnafai it cztins by arrm 0v A'ie ir&rKkd reoPet in uauuiaed. If you ate n3l %Wiicailyr auuiaed to receive tlis email ad if you bdiere && ym received it in era , lease n3* dw ai jrd mrlde I mmediady. We I- - similar requests relating to dw Qitil y aienal can muicarian. Ths. email aid air ata metes ate bdiered to be tee diarf%irua defect, bi it is dw regxriibliryr drdw recipet Go emr..retHs. The merle does rK2 acts limb litf far any lass a dam age aisirg in air wain tam its recipef a uce dr ivr any errs a amissia in ibs ca-fer[ WwAd w+ haimm rewAl dins tra nmiseia-I air aRyewim. From: Angela Wood <angela.wood@passportbranddesign.com> Sent: September 09, 2024 1:31 PM To: City Clerk's Office Subject: Proposed Ordinance Requiring Acceptance of Cash by Brick -and -Mortar Businesses [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Report phish using the Phish Alert Button above. Hello, I am writing on behalf of the owners of the Freelance Coffee Project coffee shop at 882 Production Place, Newport Beach, CA 92663. Please share this email at the City Council meeting scheduled to start at 4pm tomorrow, Tuesday 9/10. The coffee shop and roastery has been in business serving the community 7 days a week for several years. It has been brought to the owner's attention that the following retail stores have been broken into recently and therefore this proposed ordinance will cause additional risks for them and the surrounding businesses. As a deterrent, we have placed signs on the doors and windows stating that we do not have cash on site. If this ordinance takes effect, it will require the Newport Beach City provide security 7 days a week. Earth Bar, Newport Beach Coffee Dose, Costa Mesa Salt Straw Ice Cream, Newport Beach. Thank you for your assistance with this matter Angela Angela Wood Executive Assistant/ Office Manager Cell: +1949-375-4700 882 Production Place Newport Beach, CA 92663 Instagram // Linkedln // Website A YML company From: Biddle, Jennifer To: City Clerk"s Office Subject: FW: Ordinance No. 2024-20: Adding Chapter 5.98 (Acceptance of Cash by Brick -and -Mortar Businesses) to the Newport Beach Municipal Code Date: September 10, 2024 4:09:23 PM From: Kelly Carlson <kelly@balboawatersports.com> Sent: September 10, 2024 3:14 PM To: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: Ordinance No. 2024-20: Adding Chapter 5.98 (Acceptance of Cash by Brick -and -Mortar Businesses) to the Newport Beach Municipal Code [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Report phish using the Phish Alert Button above. Hello Council Members - I was going to try and make your meeting tonight, but work has just gotten in the way, so I must send my concerns via email on cash acceptance at Brick -and -Mortar establishments. I know this is becoming a political hot point, but I hope everyone can agree that the impact this could have on businesses needs to be better flushed out. My business does accept cash for any consumer good that is being purchased, we do require a credit or debit card for a deposit though on rented items. My first question is do we have some sort of problem in Newport Beach that businesses are not accepting cash? If we do I would hope that problem could have been placed in the staff report and discussed as to why businesses may not be accepting cash? My second question is whether the unintended consequences of this ordinance have been fully flushed out? • One example that I think of quickly is if a business has chosen to be cashless because they have been robbed or they have concerns about being robbed how will the city offer protection to them? With the recent crime at Fashion Island, I am not sure how this is not at the front of this discussion. • In our business we do a damage deposit because we are renting out a piece of equipment with a value of $14,000. We are not only requiring an ID and damage deposit on a credit card to protect our assets, but to validate that the person walking in is who they say they are. We are sending people out on a Jet ski that in the wrong hands can do a lot of damage, so we have very strict rules we abide by for safety. • I did do a quick search on how most car rentals handle deposit. • Enterprise car rental requires two current utility bills, a paystub, proof of insurance and personal references if you want to use cash for payment and deposit. • Alamo car rentals never accepts cash for a deposit. • Budget car rentals requires a credit or debit card prior to a rental, but you can pay cash at the end. These are just a few examples and of course there can be discussion on whether people agree, but currently this is the standard norm for renting an item. I believe that businesses are allowed to refuse service to those they do not want to serve. Wouldn't forcing business to accept cash be in contrast of that? Businesses all have different circumstances and reasons for how they operate and the decisions they make, as do consumers. If a business does not accept cash and a consumer only wants to make purchases in cash then they can simply go to a different business. I do ask at the very least any cash requirement not be imposed when it comes to renting items. This is not an average consumer experience in my opinion. As the owner of rental items, we have a different level of liability that we must have tools to protect ourselves, our employees, and our business success. Thank you, Kelly Carlson Balboa Water Sports