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O1289 # e - CA:RMM:rm6100B City Council Meeting 11-9-83 Santa Monica, California ORDINANCE NUMBER 1289(CCS) (City council series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SA~ryA MONICA M1ENDING SECTIONS 6106, 6107, 6116, 6209, 6212B, 6212C, h212E, 6219A, 622S, 6226, 6236, AND 6240 OF THE SA~TA MONICA MUNICIPAL CODE, REPEALING SECTION 6240A OF THE SANTA MONICA MUNICIPAL CODE, ~~D ADDING SECTIONS 61l6B, 6127, AND 6225A TO THE SANTA MONICA MUNICIPAL CODE RELATING TO THE BUSINESS LICENSE TAX THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 6106 of the Santa Monica Municipal Code is amended to read as follows: SECTION 6106. Director of Finance to Issue. (a) The Llcenses required by this Code shall be issued by the Director of Finance and shall state therein the aMount thereof, the perlod of time covered thereby, the nane of the person to WhOM issued, the business licensed and the location or place of business where such business is to be carried on. 1 e . (b) no license qranted or issued under provisions of the Code shall be in any nanner transferreo or assigned. {c} The Director of Flnance shall make a charge of S2.00 for each duplicate license issued under the provisions of this Code which has been lost or destroyed. (d) In no case shall any Mistake Made by the Dlrector of Flnance in stating the anount of a license prevent or prejuolce the collection by the City of the anount actually due froM any licensee. (e) v~enever in this Article the City Clerk is charqed with the responslbility of processing, issuinq, or adnlnisterinq a license or per~lt, the reference to the City Clerk shall be deemed a reference to the Dlrector of Finance. SECTION 2. Section 6107 of the Santa Monica Munlcipal Code lS aMended to read as follows: SECTION 6107. TerM of Llcense. (a) All license fees shall be paid in advance in leaal money of the United States, at the office of the Director of Finance. A separate license ~ust be obtained for each branch establishment or separate place of business, in which business is carried on, 2 - e and each license shall authorize the party obtaining it to operate only that business described in such license, and location or place of business indicated therehv. (b) Every weekly license shall expire at nidnight on the Sunday next succeeding its only at the which is day of issuance. (c) Every ~onthly license shall expire at nidnight of the last day of the Month durinq which it was lssued. (d) Every annual license shall explre at Midnight on the June 30th next succeeding its issuance unless specified otherw~se ~n this Code. (e) In the event a bond is requirerl no license shall be issued until said bond has been filed with the Director of Finance. (f) No qreater or lesser amount of Money shall he charged or received for any license than is provided in this Code, and no license shall be sold or issued for any period of time other than is provided ~n this Code. SECTION 3. Section 6116 of the Santa Monica Municipal Code lS aMended to read as follows: 3 - e SECTION 6116. StateMent of Licensee. (a) In all cases where license to be paid by any upon the aMount of receipts, business transacted, or upon the anount of person is based or sales or of tlle nunber of persons enployed or upon the nUMber of wagons or other vehicles, used, or upon the amount of the maxiMUM adMission fee charged, or upon the nUMber of tables or chairs used for any game or upon the nUMher of units in any huilding or upon the seating capacity, such person, before obta1n1na a license for such business and within th1rty (30) nays after the heqinning of each license period, shall file with the Director of Finance a written stateMent Director in the forn required by the of Finance, supported by such documentation requested by the Director of Finance, show1ng the total anount of rp-ceipts or sales or of business transacted during the preceding license year, or the nUMber of wagons, or other vehicles used or the aMount of the maximun adMission fee charged, or the nUMber of units contained in such building, or the seating capacity at the date of such statement. 4 e e (b) If two or more closely related businesses are carried on at the sa~e location and under the same ownership and the businesses are on a gross receipts basls, the gross receipts snaIl be reported together and the greater of the rates applicable will be used for the cOMpilation of the annual license fee. \fuen two or More non-related businesses are operated at one locatlon, separate licenses shall be required. (c) If any person is required to have two or ~ore licenses subJect to a license fee under Sections 6225, 6225A, 6226, 6236, or 6240 of this Code, the person shall pay, in addltlon to the ninimuM annual license fee for each license, a single license fee for all licenses cOMputed on the basis of the total gross receipts of all licenses. (d) No stateMent filed pursuant to thlS Section shall be conclusive upon the City or upon any offlcer thereof as to the Matters therein set forth, and the sane spall not prejudice the riqnt of the City to recover any amount that nay be ascertained to be due fron such person in addition to the amount shown by such stateMent should it be found to be incorrect. 5 e e (e) If any person requirp-d to file any statement pursuant to this Section snaIl fail to do so, such person shall be required to pay a license fee at the naxinuM rate herein prescribed for the business carried on by such person and shall be guilty of a vlolation of thlS Code and shall be punishable therefor as hereinafter provided. (f) In any case where the first license lS to he issued for a newly the mini~um tax for established business, that the ,.,hich type of business snaIl be pain, and at termination of the license period durinq the operation of such business is conmencen, the license for such license p~riod shall be adJusted and paid in t~e nanner provided by this Section for the ascertalning and payinq of licenses for other license periods, after deductina from tne amount so found to be due the aMount paid at the tiMe such first license was issued. (g) The correctness of any statement flIed pursuant to tPlS Section shall be subJect to audit and verification by the Dlrector of Finance, who is hereby authorized and eMpowered to inspect and audit the books and records of any ano all persons licensed 6 . e to carryon any business specified in this Code. (h) Any statenent this Sectlon shall be contain the following: "I declare, unfler penalty of Making a false declaration, that I an authorizeo to Make this statenent and to the best of ny filed pursuant to signed and shall knowledge and belief it is a true, correct and COMplete stateMent, Made in qood faith for the period stated." For Making a false stateMent or declaration the person signing the stateMent shall be quilty of a nisdemeanor. (i) Any statement filed pursuant to this Sect10n shall be conf1dential in character and shall not be subJect to public inspection. It shall be the duty of the Director of Finance to preserve and keep the statenents so that the contents thereof may not become known except to the persons charged by law with the adninistration of this Code. SECTION 4. Section 6209 of the Santa Monica Municipal Code is anended to read as follows: 7 . e SECTION 6209. Auto and Trailer Sales. Buying, selllnq or offering for sale new or used auto~obiles, trucks, trailers, house tra11ers, or ca~pers, includ1nq parts and repairs, the annual license fee shall be $100.00 or $1.25 per each 81,000 or fraction thereof of gross receipts, whichever is greater. In no event shall any license fee required to be paid pursuant to th1S Section be in excess of S2,500 for license year 1983-84, $2,500 for license year lQ84-85, and $5,000 for license year 1985-86 and each license year thereafter. SECTION 5. Sectlon 62128 of the Santa Monica Municipal Code is a~ended to read as follows: SECTION 6212R. Sub or Specialty Enqaginq in Contractors and BU11dinq Trades. any of the following listed businesses, the annual license fee shall be $50.00. 1. Awning. 2. Boilers, not water hearting, steaM fittinq. 3. Burglar Alarm. 4. Cabinet and nill work. 5. Cenent and concrete. 8 . e 6. Electric signs. 7. Elevator installation. 8. Excavating, grading, trenching, paving, surfacing. 9. Fire protection engineering. 10. Floodlight service. 11. Flooring. 12. Glazing. 13. Heating and air conditioning. 14. Fouse and bUllrlinq noving or wreckinq. 15. Insulation. 16. Landscaping. 17. Lathinq. 18. f1asonry. 19. Miscellaneous. 20. Orna~ental Metals. 21. Paint1pg and decoratino. 22. Pest control. 23. Plastering only. 24. Refrigeration. 25. Roofing. 26 . Se reens . 27. Sewer ($1,000 surety bond). 28. Sheet netal. 29. Signs. 9 . e 30. Spr~nkling. 31. Steel. 32. Tile (ceranic and mosaic). 33. Weather stripping. 34. Welding. 35. Well dril1inq. Lathing and plastering combined and who hold a state license for both and who uses his or her own employees to do both May be issued one license coverlng both bus~nesses for the annual license fee of $50.00. SECTION 6. Section 6212C of the Santa Monica Municipal Code is aMended to read as follows: SECTION 62l2C. Subcontractors, contractors. Engaging ~n any of the following listed businesses, t~e annual license fee shall be $50.00. 1. Plumbinq Contractor. 2. Heating Contractor. 3. Electr1cal Contractor. SECTION 7. Section 6212E of the Santa Monlca Municipal Code is aMended to read as follOWS: SECTION 62l2E. Gross ReceLpts in Excess of $50,000. Any person descrlbed in Section 6212, 6212B, and 6212C whose qross receipts from work performed in the City of 10 . e Santa Monica exceed $50,000 in addition to the fee hereinabove set forth, shall be required to pay an additional annual license fee of $1.00 per each $1,000 or fraction thereof of gross receipts in excess of $50,000 and less than or equal to $100,000 and Sl.25 per each Sl,OOO or fraction thereof of gross recelpts Ln excess of ~lOO,OOO. SECTION 8. Sectlon 62l9A of the Santa Monica Municipal Code is amenden to rean as follows: SECTION 621qA. Commercial Rental. Any person, group, association, partnership, firM or corporation, whether as the owner or as the agent for the owner, who rents, leases or has available for rent or lease, one or ~ore cOmMercial building, industrial building, offices or offlce building, land or vacant lots that nay he utilized for comnerical, lndustrial or offlce uses, whether at one or mult1ple locations, the annual license fee shall be $50.00 plus $1.00 per each $1,000 or fraction thereof of gross receipts in excess of $50,000 and less than or equal to 5100,000 and $1.25 per each $1,000 or fraction thereof of gross receipts in excess of $100,000. SECTION 9. Section 6225 of the Santa Monica Municipal Code is aMended to read as follows: 11 a e e SECTION 6225. ~1erchants-Retail. Manufacturing and selling any goods, wares or nerchandise at retail or sellinq any qoods, wares or merchandise at retail and not otherwise specifically licensed by other provisions of this Code, or not specifically exeMpten froM the payment of licenses by this Code, the annual license fee shall be S50.00 minl~um, plus S.60 per each Sl,OOO or fract10n thereof of gross receipts in excess of $50,000 and less than or equal to S250,000 and $1.25 per each $1,000 or fraction thereof of qross receipts in excess of $250,000. SECTION 10. Section 6226 of the Santa Monica Municipal Code is amended to read as follows: SECTION 6226. Manufacturers- Wholesalers. Manufacturing and selling any goods, wares, or merchandise at wholesale or selling goods, wares, or Merchandise at wholesale and not otherWlse specifically licensed by other prOV1Slons of tD1S Code, or not speciflcally e~enpted froM the payment of llcenses by th1s Code, the annual license fee shall be S50.00 ninlMun, plus $.50 per each $1,000 or fraction thereof of qross receipts 1n excess of $50,000 and less than or equal to $250,000 and $1.00 per each $1,000 or 12 e e fract10n trereof of gross receipts in excess of $250,000. SECTION 11. Section 6236 of the Santa Monica Municipal Code is amended to read as follows: SECTlm.: 62 36 . Professional. Any person, group, association, partnership, firm or corporation engaged in vocation or callinq, listed a profession, here1nafter or not specifically provided for in any other Section of this Code, the annual license fee shall he $50.00 plus $l.no per each SI,OOO or fraction tnereof of gross receipts in excess of S50,000 and less than or equal to S100,000 and $3.00 per each $1,OOO or fraction thereof of gross receipts in excess of $100,000. The professions, vocat10ns or callings referred to herein include, but are not limited to the following: 1 . Accountant. 2. Appraiser. 3. Architect. 4. Assayer. 5. Attorney-at-law. 6. Auditor. 7. Bacteriologist. R. Rand Broker. 13 e e 9. Certifien PUblic Acountant. 10. CheI'list. 11. Chiropodist. 12. Chiropractor. 13. Civil Enqineer. 14. Comnercial Artist. 15. Comnission Merchant. 16. Credit Report. 17. Decorator (Interior). 18. Dental Technician. 19. Dentist. 20. Deslgner. 21. Doctor-Medical. 22. Draftsnan. 23. Drugless Practitloner. 24. Electrical Enalneer. 25. Electrologist. 26. Geologist. 27. Hypnot1st or Hypnotherapist. 28. Insurance Adjuster. 29. Insurance Broker. 30. Landscape Architect. 31. Manufacturer's Agent. 32. Mec~an1cal Englneer. 33. Mining Enqineer. 34. Oculist. 14 - e 35. Optician. 36. OptoMetrist. 37. Osteopath. 38. Phys~cian. 39. Psychiatrist. 40. Pub11city Agent. 41. Real Estate Broker. 42. Stock Broker. 43. Surqeon. 44. Surveyor. 45. Tax Counselor. 46. Veterinary. Whenever a State of California license is required to entitle a person to practice a profession, the Director of Finance MaV require, before issuing a license pursuant to tDis Section, the applicant to exhibit an unexpired and sa~d applicant California. unrevoked license entitling to practice in the State of SECTION 12. Section 6240 of the Santa Honica Municipal Code lS anended to read as follows: SECTION 6240. SerVlces. Selling or providing for pay any service which is not otherwise specifically 11censed by other provisions of this Code, or not specifically exeMpted from the payment of licenses bv this 15 e . Code, the annual license fee shall be $50.00 plus Sl.OO per each Sl,OOO or fraction thereof of gross receipts in excess of $50,000 and less than or equal to $100,000 and $3.00 per each $1,000 or fraction thereof of gross receipts in excess of $100,000. The services referred to herein include, but are not limited to, the fOllowinq: 1. Advertising, Relat~ons Agency. 2. AlarM. Publicity or Public 3. AniMal Care or Leasing. Auto Service Statlon. Auto Wash. 4. 5. 6. Auto prior Wrecking-. to licensing A permlt is (see Sections required 6120 and 6122). 7. Barber Shop, Beauty Parlor, or any other establishMent engaged in tonsorial arts, man~curinq, shaMpooing, halr-dresslnq, shaving or facial Massaqe. 8. Bath House or permit is required prior Sections 6120 and 6122). 9. Bookkeepinq. Bath Treatment. A to licensing (see 16 - e 10. Bookinq or Theatrical Agent. 11. Brokerage, Stocks and Bonds. 12. Caterer. 13. Check CaShlnq. 14. Collection Agency. 15. COMnercial Artist. 16. Consultant. 17. Data processing. 18. Emp10y~ent Bureaus. 19. Gardenlng and Landscap1ng. 20. House, Commercial Building, Industrlal Plant, etc., cleaninq, including janitor1al, household furn1shings and window-washing services. 2l. 22. Illustrator. Institutions, schools, or persons engaged in the business of providing for pay instruction in such ~atters as art, aviation, beauty cu Iture, self-defense, tran.e or business or other accomplishment. A permit is reauired for dance and physical culture instruction prior to licensing (see Sections 6120 and 6122). This sub-sectlon shall not apply to any gynnasium conducted in connection with any private club or any public or prlvate school where other courses of instruct10n are qiven. 17 -- . 23. Letter Agency. 24. Lithographer. 25. Masseur or Masseuse. A pern1t is required prior to licensing (see Sections Writing or Addressing 6120 and 6122). 26. Mortician. 27. Odor Control. 28. Private Investiqatlon, Patrol or Security Agency. 29. Public Stenographic Service. 30. Rental of Vehicles, Trailers, App11ances, etc. 31. Repair service of any type when not in conjunction with a business already licensed. 32. Research Firn. 33. Storage or Warehouse Facilities. 34. Tailors or Dressnakers. 35. Telephone Answerinq SerV1ce. 36. Ticket Agency. 37. Tree Care. 38. Typewr1ter Repair. SECTION 13. Section 6240A of the Santa Monica Municipal Code 1S repealed. SECTION 14. Section 6116B is added to the Santa Monica Municipal Code to read as follows: 18 e e SECTION 6116R. Gross Receipts. (a) "Gross receipts, II whenever used in this Article, sDal1 be construed as defined in this Section unless froM the context a different Meaning is intended or unless a different neaning is specifically defined. (b) "Gross receipts II shall P'lean the gross receipts for the fiscal year co~encing on July I ann ending on June 30 of the following year and shall mean: (1) The total anount of the sale price of all sales, the total aMount charged or received for the perfornance of any act, service or employnent of whatever nature it May be, whether such service, act or enploYMent is done as part of or in connection w~th the sale of goods, wares, nerchandise or not, for whicn a charge is made or credit allowed, includinq all recelpts, cash, credlts and property of any kind or nature, any aMount for which credlt is allowed by the seller to the purchaser without any deduct10n therefrOM on account of the cost of the property sold, the cost of the Materials used, labor or service costs, interest paid or payable, losses or any other expense whatsoever. 19 - . (2) The aMount of any federal manufacturers' or iMporters' excise tax included in the price of property sold, even though the ~anufacturer or importer is also the retailer thereof and whether or not the anount of such tax is stated as a separate charge. (3) In connection wlth a person leasing or renting property, all amounts paid by a tenant to a lessor for the services performe~, or materials used, or utilities or facilities furnished by the lessor on the premlses or in connection with the tenant's use, possession, or the right to possess t~e property~ any receipts paid by a tenant to a lessor for t"De use or possession of land, or the right to use or possess land other than that upon which the building or structure is located but which is used or possessed or 18 available for use or possession by a tenant for purposes related to the tenancy~ and all anounts pald as prepaid rent. (4) Receipts of any person received as cOmM1ssions or fees earned, or charges of any character maoe or compensation of any character received, for the perfornance of any service by said person or 20 e e any of said person's enployees and receipts of any person received as partial or full compensation or re1nbursenent for salaries, payroll taxes, fringe benefits and anv and all sinilar expenses for persons who are employees of said person and receipts of any person received as partial or full cOMpensation or reiMburseMent for equipment, supplies, utilities, or other items or services acquired by said person in that person's naMe and used or consuMed in the perfornance of services. (c) "Gross receipts" shall not include: (1) The anount of any federal tax 1mposed on or with respect to retail sales whether 1Mposed upon the retailer or upon the conSUMer and regardless of whether or not the aMount oT federal tax is stated to custoners as a separate charge. (2) Anv California state, city, or city and county sales or USe tax required by law to be included in or added to the purchase price and collected frOM the consu~er or purchaser. (3) Such part of the sales price of any property previously sold and returned 21 - . by the purchaser to the seller which is refunded by the seller by way of cash or credit allowances given or taken as part payment on any property so accepted for resale. (4) Cash d1scounts allowed or taken on sales. (5) Receipts of persons acting or brokers, other than receipts commissions or fees earned and as agents recelved as other than net interest income earned fron marqin account loans, or charges conpensat1on of of any any character naCle or character received for the performance of any service as agent or broker; provided, however, any agent or broker dealing in stocks or other similar written instruements evidencing a right to participate in the assets of anv husiness, or dealing in hands or other evidences of indebtedness, who also deals in such property as a principal, shall 1nclude 1n gross rece1pts the anount of trading profits resulting froro such dealings. (6) Any refundable deposit which is returned to the depositor. (7) Gross receipts froM any actlvity for which a Dusiness license would 22 e e not be required under this Code and which is received froM 1ncidential activities of the lice nse e . of (8) That portion of the receipts aeneral contractor licensed under a Sections 6212, 6212B, 6212C, represents pa~ents to or 6212E which subcontractors provided such subcontractors are licensed under the provisions of this Chapter and that the general contractor furnishes the Director of F1nance with the names and addresses of the subcontractors and the amounts paid to each subcontractor. (9) Gross receipts attributable to sales within a single business entity when no net qa~n results, including affiliated corporations when one has at least an 80% interest in the other, wholly-owned corporations, and partnersh1ps and partners. (10) Bad debts taken fron qross rece1pts reported durinq a prior tax year in accordance w~th generally acceptable account1ng practices. (11) Anything which the City of Santa Monica ~ay not lawfully include bv vlrtue of the Constitution of the United 23 e . States or the Constitutlon of the State of California. (d) When, by reason of the provisions of the constitution of the Uniteci States or the Constitut10n of the State of California, the business license fee i~posed by this Article cannot be enforced without there being an apportionment accordinq to the anount of business done ln the City of Santa Monica, or in the State of California, as the case nay be, apportionnent rules shall be established as follows: (1) The C1tv Council from tine to time s~all adopt by resolution general qui0ellnes for apportionnent. (2) The Director of Finance, with the approval of the City Attorney, may nake such rules and requlations for the apportlonnent of the tax as are necessary ann desirable to overCOMe the constitutional objections and which are consistent with the general apportionnent guidelines adopted by resolution of tne City Council. The Director of Finance shall publish such rules and regulations once in a newspaper of aeneral circulation within the City of Santa Monica. Nithin 10 days of the date of publication of 24 e e such rules and regulations, any interested person may file a request with the City Clerk that the City Council reV1ew the rules and regulations so published. The rules and regula tions shall be fina 1 at the expirat10n of the per10d for requestinq review in the event no request for review is filed, or in the event of the filing of a request for review, when the rules and recrulat10ns have been adopted by the C1ty Council. (3) The apportionnent shall be Made on the basis of payroll value and situs of tangible property, general expense, or by reference to any other method of apportionment as will fairly determlne the amount of gross receipts derived froM or attributable to engaging in business in the City. Gross receipts derived frOM isolated or occasional transactions at places outside the City but W1thin the State of California, where the licensee 1S not regularly enoaged in a course of business transactions shall be neened gross receipts derived from enqaqing in business 1n the City. Gross receipts attributable to sources derived from or within the City include gross receipts frOM tangible or intangible property located or 25 e e having a situs 1n the City and, when not contrary to law, gross receipts frOM any activities carried on in the City reqardless of whether carried on in interstate, intrastate, or fore1gn COMMerce. SECTION 15. Section 6127 is added to the Santa Monica Municipal Code to read as follows: SECTION 6127. Operation of 6209, 6225A., 1983-84 Tax Rate Changes. (a) The anendnents to Sections 6212B, 6212C, 62l2E, 6219A., 6225, 6226, 6236, 6240, and 6240A contained in the ordinance adopt1nq this Section shall be effective for license year cOmMencinq on July 1, 1983, and endinq on June 30, 1984, as follows: (1) The annual license fee required by such Sections shall be deterMined on the baS1S of the qross receipts reported ln license year 1983-84 in accordance with th1S Code. (2) The annual license fee required by the predecessor of such Sect1ons, as effective prior to the date of of adoption of the ordlnance adopt1nq this Section, shall be deternined on the basis of gross receipts 26 e e report ed 1n llcense year 1983-84 in ac cordance with this Code. (3 ) The aPlount deternined in accordance with subdivision (a) (1) of this Section and the anount determined in accordance w1th subdivision Sect10n shall be totaled and (a) (2) of this divided by 2. The amount deternined 1n accordance with thls suhdivislon shall be the anount of the annual license fee for license year 1983-84. (4) If a person has prevlously paid to the City an annual license fee for license year 1983-84 which 1S less than the amount deterPlined in accordance with subdivision person March shall pay 1, 1984, (a){3) of this Sect1on, the to the City on or before an amount equal to the between the annual license fee d1fference deterPlined in accordance with subdivision (a)(3) of this Section and such aPlount prevlously paid not including any penalties. (5) If a person has previously paid to the City an annual license fee for license year 1983-84 which is greater than the anount deterPl1ned in accordance wlth subdivision (a)(3) of this Section, the City shall refund to tDe person on or before March 27 e e 1, 1984, an amount equal to t~e difference between such aMount previously paid not the annual including any penaltles license fee determined in and accordance with subdivision (a)(3) of this Section. (6) For license year 1983-84 only, and fron the effective date of this Section, in 11eu of the penalties provided for in Sectlons 6109 and 6112 of this Code, a penalty of twenty-five percent (25%) shall be inposed on the amount of the annual license fee deternined in accordance with subdivision (a)(3) of this Sectlon. No person shall be entltled to a refund of any penalties paid prior to Ble effective date of this Sect1on. (7) In aoo1tion to the penalty inposed by subdivision (a)(6) of this Section, a penalty of twenty-f1ve percent (25%) shall oe imposed on the anount of any annual license fee oeternined in accordance w1th subdivlsion (a)(3) of this Section remaining unpaid after March 1, 1984. (S) The Director of Finance shall mall to all persons subJect to an annual license fee pursuant to the Sections set forth in subdlvision (a) of this section, a statement setting forth the determination 28 e e of the annual license fee for license year 1983-84. (b) The Sectlons described in subdivision (a) of thlS Section shall be fully effective, without regard to subdivision (a) of this Section and without other prorat1on or other reduction. except as required by other provisions of this Code. for license year 1984-85 and each license year thereafter. (c) For those persons subject to the annual license fee required by Sections 6209, 6212B, 62l2C, 6212E, 62l9A, 6225, 6225A, 6226, 6236, and 6240, the speclal business license fee required by Ordinance NuMber 702 (CCS) or Ordinance NUMber 960 (CCS) shall be deter~ined on the basis of the annual license fee deterMined in accordance with subdivision (a)(2) of thlS Section. (d) On or before March I, 1985, the City Manager shall prepare a written report to the City Council describing the operation of the tax rate changes made by the aMendMents adopting contained in the ordinance thlS Sect1on, includinq the appropr1ateness and tax incidence of rates, the revenue produced, anD recommendations 29 e e concerning any adjustMent in the rates. If the revenues generated by t~e tax rate chanqed Made by the amendMents containen in ordinance adoptinq this Section substantially exceed proJected revenues froM the changes, the City Council shall consider a downward adjustment of the rates. SECTION 16. Section 6225A lS added to the Santa Monica Municipal Code to read as follows: SECTION 6225A. Annual License Fee of Regulated Utilities. ~fuenever by virtue of this Code an annual license fee is required to be paid by any utility subject to Article XIII, Section 19 of the Constitution of the State of California, the annual license fee, notwithstandinq any provision to the contrary contained in this Code, shall be $50.00 minimuM, plus $.60 per each $1,000 or fraction thereof of gross receipts in excess of $50,000 and less than or equal to $250,000 and Sl.25 per each $1,000 or fraction thereof of gross receipts in excess of $250,000. SECTION 17. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provislons of this ordinance, to the extent of such inconsistencies and no further, are hereby repealed or ~odified to that extent necessary to affect the provisions of this ordinance. 30 . e SECTION 19. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any COMpetent ]urlsdictlon, such decision shall not affect the validity of the renaining portions of the ordinance. The City council hereby declares that it would have passed this ordinance and each and every sectlon, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutlonal. SECTION 20. The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. This City Clerk shall cause the same to be pub11shed once in the official newspaper within 15 days after its adoption. The ordinance shall become effective after 30 days fron its adoption. APPROVED AS TO FORM: (~ lM.. '0' Robert M. Myers City Attorney ~ - 31 4 . . '- ADOPTED AND APPROVED THIS 8th DAY O~ Xovember t i 983 . I HEREBY CERTIFY THAT THE FOREGOI~G ORDINANCE, NO. 1289 (Ccs) t WAS DULY AND REGULARLY INTRODUC~D J,T A MEET:NG OF THE CITY COUNCIL ON THE 25th DAY OF October 1983; THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED AT A MEETING OF THE CITY COUNCIL ON THE 8th DAY OF ~ovember 1983 BY THE FOllOWING COUNCIL VOTE: AYES: COUNCIlMEMBERS: Connt Jennings, Press and Zane NOES: COUNCILMEMBERS: Epstein and Reed ABSENT; COU N C I lMEMBE RS: Edl'iards ABSTAIN: COUNCILMEMBERS: None ATTEST" ~ Yk~~ffAu CITY CLERK