Loading...
SR-8-C (16) .. ., r-~ JUN 1 6 1981 Z. 6? &' -t)/Zf CA:RMM:rmd497/hpca city Council Meeting 6-16-87 Santa Monica, California STAFF REPORT TO: Mayor and city council city Attorney Ordinance Adding section 6129 to the Santa Monica Municipal Code Establishing a Business Tax Audit Program FROM: SUBJECT: In connection with the adoption of the 1987-88 Budget, the city Manager has requested that the city Attorney prepare an ordinance establishing a business license tax audit program. The accompanying ordinance adds Section 6129 to the Santa Monica Municipal Code to establish an ongoing audit program. On June 24, 1986, the City Council adopted a tax amnesty and auditing program. The tax amnesty program operated between July 1, 1986, and August 31, 1986, and the tax auditing program ends on June 30, 1987. The accompanying ordinance would provide for an ongoing aUditing program. During the current fiscal year, the tax auditing program resulted in collection of an additional $145,000 in tax revenue. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be introduced for first reading. PREPARED BY: Robert M. Myers, City Attorney C:c, JUN 1 6 1987 .. CA:RMM:rmd498/hpca City Council Meeting 6-16-87 Santa Monica, California ORDINANCE NUMBER (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 Audit Proqram. 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 bus iness has been delinquent or has non-reported or under-reported gross receipts, thereby underpaying business license taxes, the - 1 - 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 instructions 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 - declared invalid or unconstitutional without 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: ~ ~. t--v--- ROBERT M. MYERS - U city Attorney - 3 -