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O1808 - . . F:atty\muni\laws\mjm\taxpen City Council Meeting 6-27-95 Santa Monical California ORDINANCE NUMBER 1808 (city Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTIONS 2 AND 3 OF ORDINANCE NUMBER 725 (ecs) REESTABLISHING A PENALTY FOR NONPAYMENT OF ASSESSMENTS DUE IN THE DOWNTOWN PARKING AND BUSINESS IMPROVEMENT AREA THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 2 of Ordinance Number 725 (ecs) is hereby amended to read as follows: SECTION 2 . That in addi tion to the general business license tax (sometimes called business license fee) an assessment is hereby imposed upon merchants holding a retails sales tax permit and occupying premises in the area. The assessment shall be at the rate of 1/15 of 1% of taxable sales (taxable sales as defined by the Sales and Use Tax Law), subject to an annual maximum fee of $11000. Said assessment shall be payable March 10 and October 10 of each year and shall be computed on the taxable sales occurring during the six 1 e . month periods, January 1 through June 30 and July 1 through December 31, preceding the payment dates of March 10 and October 10 respectively. The penalty for nonpayment of the assessment on the due date shall be fifteen percent ( 15%) of the amount of the assessment plus an additional five percent (5%) of the amount of the assessment for each month or portion thereof that the assessment is unpaid after the due date. In no case shall the total penalty exceed fifty percent (50%) of the original amount due. SECTION 2. section 3 of Ordinance Number 725 (CCS) is hereby amended to read as follows: SECTION 3. That the use to which the proceeds of the assessment, less five percent (5%) thereof as the cost of collection, shall be put is the payment of contract fees to the Santa Monica Chamber of Commerce, or such other entity as may be designated, for general promotion of retail trade activities in the area as prescribed by contract. SECTION 4. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this 2 . . Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 5. 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 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 declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 6. 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 30 days from its adoption. APPROVED AS TO FORM: 3 - _/ e e ~~ r Mayor State of Cahfofma ) County of Los Angeles) ss CIty of Santa Moruca ) I, Beth Sanchez, AssIstant City Clerk of the CIty of Santa MOnIca, do hereby certIfy that the foregomg Ordmance No 1808 (CCS) had its fIrst readmg on June 27. 1995 and had its second readmg on JlJly 1 L 1995 and was passed by the followrng vote Ayes CounCIl members Abdo, Ebner, Genser, Holbrook, O'Connor, Rosenstem Noes Councll members None Abstam Councll members None Absent CouncIl members Greenberg ATTEST M~