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O1376 e . CA:RMM:rmd264/ca City Council Meeting 6-24-86 Santa Monica, Callfornle ORDINANCE NUMBER l376(CCS} (City CounCil Series) . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTIONS 6116 AND 61168 OF THE SANTA MONICA MUNICIPAL CODE AND ADDING SECTION 6128 TO THE SANTA MONICA MUNICIPAL CODE RELATING TO THE BUSINESS LICENSE TAX AND DECLARING THE PRESENCE OF AN EMERGENCY THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 6116 of the Santa Monica Municipal Code 15 amended to read as follows: SECTION 6116. Statem~nt of Licensee. (a) In all cases where the amount of license to be paid by any person IS based upon the amount of receipts, or sales or of business transacted, or upon the number of persons employed 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 number of units In any bUilding 1 e e or upon the seating capacity, such person, before obtaining a license for such bU5lne~5 and Within thirty (30) days after the beginning of each license period, shall file with the Director of Finance a written statement In the form required by the Director of Finance, supported by such documentation requested by the Director of Finance, showing the total amount of receipts or sales or of bUSiness transacted during the preceding license wagons, or other year, or the number of vehicles used or the amount of the maximum admiSSion fee charged, or the number of un Its contained In such bUilding, or the seating capacity at statement. the date of such (b) If two or more closely related bUSinesses are c!lrrled on at the same location and under the same ownership and the bUSinesses are on a gross recelpt~ baSIS, reported the gro55 recelpt~ shall be together and the greater of the rates applicable Will be used for the compilation of the annual license fee. When two or more non-related bUSinesses 2 e e are operated at one location, separate Ilcen5es shall be required. (c) If any person IS reqUired to two or more licenses subject to a have license fee under Sections 6225, 6225A, 6226, person 6236, 5 ha 11 or 6240 of this Code, the pay, 1 n addition to the minimum (!innual Ilcen58 ree for each license, a single license fee for ell licenses computed on the baSIS of the total gross receipts of all licenses. Cd) No stetement filed pursuant to this Section shall be conclUSive upon the City or upon any officer thereof as to the matters therein set forth, and the same she 11 not prejudice the right of the City to recover any amount that may be ascertained to be due from such person In addition to the emount shown by such statement should It be found to be Incorrect. (8) If any person reqUired to file pursuant to thiS Section any statement shall fall to do &0, such person shall be license fee at the reqUired to pay a maximum rate herein prescribed for the bUSiness carried on by such person and 3 e e shall be gUllty of a vlolatlon of thls Code and shall be pun1shable therefor 8$ hereinafter provlded. (r) In any case where the flrst llcense 15 to be lssued for a newly establlshed buslness, the mlnlmum tax for that type of bUslness shall be pa1d, and at the termlnatlon of the llcense period durlng which the operatlon of such bUs1ness lS commenced, the license for such 11cenSe perlod shall be adjusted and In the manner provlded by thls paid Section for the ascertalnlng and paYlng of llcenses for other llcense perlods, after deductlng from the amount 50 found to be due the amount pald at the tlme such flrst llcense was lssued. (g) The correctness of any statement flIed pursuant to thls Sectlon shall be subject to audlt and verlflcatlon by the D1rector of Flnance, who 15 hereby authorlzed and empowered to lnspect and audit the books and records of any and all persons licensed to carryon any bUSlness speclfled ln thls Code. No person llcensed to carry on any bUSlness specified ln th1s Code $hall refuse or 4 e e fall to allow the Dlrector of Flnance to Inspect and audlt ~uch book~ and record~ or :shall refuse or fall to provlde such addltlonal Informatlon as reque~ted by the Dlrector of Flnance. (h) Any statement flIed pursuant to this Sectlon shall be signed and shall contain the followlng: III declare, under penalty of maklng a false declaratlon, that I am authorized to make thls statement and to the best of my knowledge and bellef It 15 a true, correct and complete statement, made In good faith for the perlod stated.1I For making a false statement or declaratlon the shall person s1gnlng the statement be gu 11 ty of l!l mlsdemeanor. (1) Any statement flIed pursuant to thiS Sectlon shall be confldentlal 1n character and shall not be subject to publlc Inspectlon. It shall be the duty of the Dlrector of FInance to preserve and keep the statements so that the contents thereof may not become known except to the persons charged by law wlth the admlnlstratlon of thIS Code. s e e SECTION 2. SectIon 61168 of the Santa MonIca MunIcIpal Code IS amended to re~d a~ follows: SECTION 61168. Gro~~ ReCl!lIot50. (a) "Gross receipts," whenever u~ed In thIS ArtIcle, shall be construed ~s defIned In this SectIon unle~s from the context ~ dIfferent meaning 15 Intended or unless a dIfferent meaning IS speCIfically defIned. (b) JlGross receIpts" shell mean: (1) For any tax due on or after July 1, 1986, gross receIpts sh~ll be determIned based upon gross receipts for the calender ye~r precedIng the license tax perIod for whIch the tax 15 due. For any tax due prIor to July 1, 1986, gross receIpts shall be determIned based upon gross receIpts for the fIscal year commencing on July 1 and ending on June 30 precedIng the license tax period for which the tax IS due. (2) The total amount of the sale prIce of all sales, the total amount charged or receIved for the performance of any act, serVIce or employment of whatever nature It may be, whether such serVice, act or employment 15 done as part of or In 6 e e connection WIth the sale of goods, wares, merchandise or not, for which ~ charge i5 made or credIt allowed, IncludIng all receipts, cash, credIts and property of any kind or nature, any amount for which credIt 15 allowed by the seller to the purchaser wIthout any deductIon therefrom on account of the cost of the property sold, labor the CO:l5t of the materials used, interest paid or or serVice costs, payable, 105ses or any other expense whatsoever. (3) The amount of any federal manufacturers' Or importers' eXCise tax included in the price of property sold, even though the manufacturer or Importer 15 also the retailer thereof and whether or not the amount of such tax i5 stated as a separate charge. (4) In connection WIth e person leaSIng or renting property, all amounts paid by a tenant to a lessor for the serVices performed, or materIals used, or utilities. or faCilIties furnis.hed by the lessor on the the premiSes. or in connection Wi th tenentls use, posseSSion, or the right to possess the 7 e e property; any rece1pts pa1d by a tenant to a lessor for the use or possess1on of land, or the r1ght to use or possess lend other than that upon wh1ch the bU1ld1ng or structure 15 located but which IS used or possessed or 15 ava1lable for use or posseSS1on by a tenant for purposes related to the ten!llncy; and all amounts pa1d as prepa1d rent. (5 ) Receipts of .!!IIny person received 85 comm1sS1ons or fees earned, or charges of any character made or compensation of any character rece1ved, for the performance of any service by said person or any of said personls employees and receipts of any person received as partial or fu II compensation or reimbursement for salaries, payroll taxes, fringe benef1ts and any and all slm1lar expenses for persons who are employees of said person and receipts of any person rece1ved as part1.!!lll or full compensation or reimbursement for equ1pment, supplies, utilities, or other I t ems or services acqu1red by said person In that personls name and used or consumed In the performance of serV1ces. 8 e e (0) "Gross recelptsll sha 11 no t Include: (1) The amount of any federal tax Imposed on or with respect to retail sales whether Imposed upon the retailer or upon the consumer and regerdles5 of whether or not the amount of federal tax 15 stated to customers as a separate cha rge. (2 ) Any 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 consumer or purchaser. (3) Such pa rt of the sales price of any property previously sold and returned by the purchaser to the seller which 15 refunded by the seller by way of cash or credit allowances given or taken as part payment on any property 50 accepted for resale. (4) Cash dlscount~ allowed or taken on sales. (5) Receipts of persons acting as agents or brokers, other than reCBlpts received as commissions or fees earned and other than net interest Income 9 e e earned from margin account charges of any character loans, or made or compensatIon of any 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 asset~ of any bUSIness, or dealing In bonds or other eVidences of Indebtedne~s, who also deals In such property as a prinCipal, shall Include In gross receipts the amount of tradIng profits resulting from such dealIngs. (6 ) Any refundable depOSit which IS returned to the depOSItor. (7) Gross receIpts from any actiVIty for which a bUSiness lIcense would not be required under thiS Code and WhICh 15 receIved from Incldentlal activities of the lIcensee. (8) That portIon or the receIpts or a general contractor licensed under Sections 6212, 62128, 6212C, or 6212E WhICh repre5ents payment5 to subcontractors prOVIded such subcontractors are lIcensed under the prov151on5 of thIS Chapter and that the 10 e e general contractor furnIshes the DIrector of FInance wIth the names and addresses of the subcontractors and the amounts paId to each subcontractor. (9) Gross receIpts attrIbut!'lble to sales wIthIn a sIngle bUSIness entIty when no net gaIn results, IncludIng affIlIated corpOr!'ltIons when one has at least !'In 80% Interest In the other, who 11 y-owned corporatIons} and partnershIps and partners. (10) Bad debts taken from gross receIpts reported durIng !'I prIor tax year In accordO!lnce WIth gener!llly acceptable accountIng practIces. (11) AnythIng whIch the CIty of Sant!l MonIca may not lawfully Include by VIrtue of the ConstItutIon of the UnIted States or the ConstItutIon of the State of CalIfornIa. Cd) When, by reason of the the prOVISIons of the ConstItutIon of UnIted States or the ConstItutIon of the State of CalIfornIa, the bUSIness lIcense fee Imposed by thIS ArtIcle cannot be enforced WIthout there beIng !In apportIonment accordIng to the amount of 11 e e bUSiness done In the City of S~nta Monica, or In the State of California, as the csse may be, apportionment rules shall be established 85 follows: (1) The City Councd from time to time shall adopt by resolution general gUidelines for apportionment. (2) The Director of Finance, With the approval of the City Attorney, may make such rules and regulations for the apportionment of the tax as are necessary and deSirable to overcome the constitutional objections and which are conSistent With the gener~l ~pportlonment gUidelines adopted by resolution of the City Councd. The Director of Finance shall publish such rules and regulations once In a newspaper of general Circulation Within the City of Santa Monica. Within 10 days of the date of publication of such rules and regulations, any Interested person may file a request With the City Clerk that the City CounCil review the rules and regulations 50 published. The rules Bnd regulations shall be final at the eXpiration of the period for requesting review In the event no request 12 e e for reVIew IS f 11 ed, or In the event of the f 111 ng of a request for reVIew, when the rule~ and regulatIons have been adopted by the CIty Counc11. (3) The apportIonment shall be made on the baSIS of payroll value and SItus of tang1ble property, general expense, or by reference to any other method of apportIonment a5 WIll faIrly determ1ne the amount of gross receIpts derIved from or attrIbutable to engagIng In bU5IneS5 In the CIty. derIved from Isolated GroS5 receIpts or occasIonal transactIons at places outSIde the CIty but WIthIn the State of CalIfornIa, where the lIcensee 15 not regularly engaged In a course of bUSIness transact10ns shall be deemed gros5 recelpta derIved From Gross engagIng In bUSIness In the CIty. receIpts derIved from or attrIbutable to sources WIthIn the CIty Include grOS5 receIpts from tangIble or IntangIble property located or haVIng a s1tU5 In the CIty and, when not contrary to law, gross receIpts from any actIVItIes carrIed on In the CIty regardless of whether carrIed on 13 e e 1n Interstate, Intrastate, or fore1gn commerce. SECTION 3. Section 6128 lS added to the Santa MonIca MunicIpal Code to read as follows: SECTION 6128. Tax fHnn~~ t v and Au.;h t ProljJ ram. (a) The DIrector of F1nance shall develop and admInIster a bU~Ine~5 lIcense tax amnesty and audIt program as provIded In thIS Section. (b) The tax amnesty program shall be conducted during the perIod from July 1, 1986, through August 31, 1986. The program sha I I apply to delInquent, unreported, or underreported business lIcense taxes due during the perIod from July 1, 1984, through June 30, 1986. (c) The prOVISions of thIS SectIon aha II apply to any person requIred to pay a bUSIness lIcense tax under thIS ArtIcle who, on or after July 1, 1986, and on or before August 31, 1986: (1) FlIes 8 completed tax amnesty application for FIscal Year 1984-85 and/or FIscal Year 1985-86. (2) Pays In full the unp!JId taxes plus Interest from the date the tax 14 e e was first due In the amount determined by the Director of Finance ba~ed upon the CltylS actual rate of return on Its Inve~ted funds. (d) For any taxpayer who meets the requlrement~ of this Section: (1) The Director of Finance shall waive all penalties Imposed under Sections 6109 and 6112. (2) No criminal action shall be brought against the taxpayer, for any tax period for which tax penalty amnesty IS requested, based upon the delinquent, non-reporting, or under-reporting of tax liabilities. This subdivIsion shall not effect, bar, or require the dismissal of any criminal prosecution prior to the effective date of this Section. (e) The Director of Finance shall develop an audit program to randomly audit up to 50" of the bUSIness license tax returns of bUSinesses operating In the City of Santa Monica during the two annual tax periods ending on or before June 30, 1986. If, subsequent to an audit conducted between July 1, 1986, and June 30, 1987, It IS determined that the 15 e e bUSIness has been delInquent, or has or under-reported gross non-reported receIpts, thereby under-paYIng busIness license taxes, the lIcensee shall pay to the CIty, withIn 10 days of notIficatIon of the determInation, the amount of tax due, due Interest from the date the tax was In the amount determined by the Director of FInance based upon the CIty'S actual funds, rate of return on Its Invested and a penalty In the amount of the tax due. ( f) The DIrector of FInance shall 15sue forms and Instructions and take other actIons as needed to Implement thIS SectIon. SECTION 4. Any prOVISIon of the Santa MonIca MunICIpal Code or appendices thereto InconSIstent With the prOVISIons of thIS ordInance, to the extent of such InconSistencIes and no further, are hereby repealed or modifIed to that extent necessary to affect the prOVISIons of thIS ordInance. SECTION ? 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 JurIsdIction, such deCISIon shall not affect the valIdity of the remaInIng portions of the ordinance. The CIty CounCil hereby declares that 1 t would have pe5sed th15 16 e e ordinance and each and every section, subsection, sentence, clause or phrase not declared Invalid or uncon~tltutlQnal without regard to whether any portion of the ordinance would be subsequently declared invalid or unconst1tut1onal. SECTION 6. The Mayor shall sign and the C1ty Clerk sha 1 1 attest to the passage of thiS ordinance. Th IS C 1 t Y Clerk sha 11 cause the same to be published once 1n the official newspaper Within 15 days after Its adoption. SECTION 7. Pursuant to City Charter Sections 619(c) and 619(d), thiS ord1nance shall take effect and be In full force Immediately after the passage and adoption thereof. SECTION 8. ThiS ordinance 15 declared to be an emergency measure adopted pursuant to the provIsions of City Charter Section 615 and 15 necessary for preserving the publiC peace, health, and safety, and the urgency for ItS adopt1on 15 so that the tax amnesty and aud1t program may commence on July 1, 1986, which IS essential to ensure continuity of revenue to provide essential City services and which Will aVOid divertIng resources from the prosecution of seriOUS crime. APPROVED AS TO FORM: ~ ""^-. Robert M. Myers C1ty Attorney ~ 17 ! . . Adopted and approved thlS 24th day of June, 1986. f)_L~)~ ( . --- Mayor - I hereby certIfy that the foregolng Ordinance No. 1376(CCS) was duly and regularly introduced at a meeting of the City CouncIl on the 24th day of June 1986; that the said Ordinance was thereafter duly adopted at a meeting of the CIty Council on the 24th day of June 1986 by the following Council vote: Ayes: Councilmembers: Conn, Epstein, Jennings, A. Katz, H. Katz, Zane and Mayor Reed Noes: Councilmembers: None AbstaIn: Councilmembers: None Absent: Councilmembers: None ATTEST: ~" :!h' ~A~ -- ~:>i ty .:~le~'rk, - -- .....-