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O1410 e e CA:RMM:rmd498jhpca City Council Meeting 6-23-87 Santa Monica, California ORDINANCE NUMBER -1AlO(CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 6129 TO THE SANTA MONICA MUNICIPAL CODE ESTABLISHING A BUSINESS TAX AUDIT PROGRAM FOR BUSINESSES OPERATING IN THE CITY OF SANTA MONICA THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. section 6129 is added to the Santa Monica Municipal Code to read as follows: SECTION 6129. Business Tax AUdi't program. A. The Director of Finance shall conduct a program to audit business license tax returns of businesses operating in the ci ty of Santa Monica. The audit shall be conducted for the two tax periods preceding the current tax period. B. If, subsequent to the audit it is determined that the business has been delinquent or has non-reported or under-reported gross receipts, thereby underpaying business license taxes, the - 1 - e . licensee shall pay to the City within ten (10) days of notification of the determination the amount of tax due, interest from the date the tax was due in the amount determined by the Director of Finance based upon the City's actual rate of return on its invested funds, and a penalty in the amount of the tax due. No person who fails to pay the tax due as required by this section shall operate a business in the City of Santa Monica. c. The Director of Finance shall issue forms and inst~ctions and take other actions as are needed to implement this section. SECTION 2. 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inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.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 3. 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 this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not - 2 - e . declared inval id or unconsti tutional wi thout regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The city Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: ~ '-.. ,- - --0-- ROBERT M. MYERS city Attorney - 3 - e . Adopted and approved this 23rd day of June, 1987. I hereby certify that rhe foregoing ordinance No. 1410(CCS) Mayor " was duly and regularly a meeting of the Ci ty Council on the 16th day of June 1987; that the said Ordinance was thereafter duly adopted at a meeting of the city council on the 23rd day of June 1987 by the following Council vote: Ayes: counci1members: Finkel, Jennings, A. Katz, H. Katz, Reed, Zane and Mayor Conn Noes: councilmembers: None Abstain: councilmembers: None Absent: Councilmembers: None ~. .......<.,." --