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SR-8-B (21) , f e e ~ off-o/eg' ~-B sep 2 7 1983 CA : RM~1 : r Clty Council Meetlng 9-27-83 Santa Monlca, Cal1fornla STAFF REPORT TO: Hayor and Clty Councll FROB: Clty Attorney SUBJ:f.CT: BUSlness Llcense ~ax Ordinance In connectlon with the adoptlon of the 1083-84 Budget, the City Counel1 directed the Clty Attorney to prepare an ordinance makino various chanqes in the business llcense tax structure of the City of Santa 1\10nlca. In response to this dlrectlon. the acconpanYlng ordinance has been prepared and lS presented for Clty Council conSlderatlon. GENERAL OVERVIEW ,,"1 th the adoption of the 1983-84 Pudget, the Cl ty Council endorsed business l1cense tax changes designed to lncrease current flsca1 year revenues by $1.3 nilllon. The City Councll has previously rece1ved a variety of reports sumrrarizing the proposed buslness llcense tax changes. The followlng SUDmarlzes the proposed changes: 1. Tax rates wl11 chanqe. not categor1es for licenslna. (The only exceptlon discussed below 1S to cpange the category of regulated utllitles to respond to a constl t utiona 1 obJ ection ralsed by one utlllty. See dlSCUSSlon in connection wlth Section 62 2 SA. ) f5-f3 1 SEP 2 7 1983 f - e 2. The tax changes wlll not De fully effective untll 1<:\84-85. Por flscal year 1983-84, taxes w~ll increase or decrease ry one-half the change required by the new rates, to be collected in speclal hilllng in early 1984. 3. Indivldual firms may realize tax decreases, tax increases, or no change in tax payments. More than half of the approx lMate ly 15,600 licensees in the City of Santa Monica will not be affecten by the tax changes, Slnce they are in categories not covered by the proposed ordlnance. 4. Tax rates are lower than or equal to the comparison Jurlsdlctions of the cities of Beverly Hills, Culver Clty, and Los Angeles. 5. The tax rate changes wlll not result in lncreased assessrrtents under Ordinance Number 70/ (CCS) for businesses located in the Downtown parklng and Bus~ness I~proveMent Area or Ordlnance NUMber 960 (CCS) for businesses located in tre Montana Avenue business pronation area. TAY RATF CHAPGES The proposed determined on the ordlnance changes the tax baS1S of gross receipts, rate, generally for SlX general categories of l~censees: 1. Professlons, Occupations, and SerVlces. Currently, the bUSlness license tax palO by professions, occupations, and serVlces is: 2 f tit e t-llnirouIl' Tax Rate t-1ax ip1Um S20 5.65 per ~1,OOO > $6,000 52,000 The reviseo tax rate contained In the ordinance is: ~1inirrLun Tax Rate HaXlmUl'1. $20 $3 per S1,OOO None ApprOXlnately 3,399 bUSlnesses \vill he affecteCl by the proposed amendment. The Hunlclpal Code provisions amended to effectuate this change are Sections 6236, 6240, and 6240A. 2. Reta~l Sales. Currently, the business llcense tax paid by retall sellers is: r-1~nlP1UI'1 Tax Rate HaXlmum $25 ~.60 per $1,000 > 510,000 52,000 The revlsed tax rate contalned in the ordlnance is: Hln11'1.UITl Tax Rate r--laximuITl S25 $1.25 per $1,000 > S500,000 None Approximately 2,120 businesses w1ll be affected by the proposed amendment. The Hun1cipal Code provislon amended to effectuate this change lS Section 6225. 3. Manufacturers and Wholesalers. Currently, the bus1ness llcense tax paid by manufacturers and wholesalers 1S: NiniITlum Tax Rate r1axinum S25 $.50 per SI,OOO > $10,000 S5,000 3 I e e The rev1sed tax rate contained in tre ordinance is: M1nUTlUm ...,ax Rate MaX1mum ~25 ~l.on per ~l,OOO > S500,OOO None ApproX1mately A61 bUS1nesses will be affected by the proposed amendment. The Munic1pal Code prov1s ion amenrl ed to effectuate this change is Sect10n 62/6. 4. Automotive Dealers. Currently, the bUSlness license tax pa1d by automotive dealers is: r--1in1murn Tax Rate MaX1mUQ $100 $.50 per $10,000 > SlOO,OOO $1,000 The rev1sed tax rate contalned 1n the ord1nance is: H.1.n1rnUID Tax Rate Max:trnun S100 $1.25 per Sl, 000 $2,500 (The maXlmul'l tax would be increased to $5,000 in f1scal year 1985-86 and each year thereafter.) Approximately 46 bUS1nesses will re affected by the proposed amendi1lent. The z.tuniclpal Code provis 1 on amended to effectuate this change is Sect10n 6209. 5. Conmerc1al Rentals. Currently, the bUS1ness license tax paid by comnerclal rental llcensees 18 : r'hnirmM Tax Rate Max1mum -- SIn $.75 per Sl,noo > SlO,OOO None 4 e e The rev~sed tax rate contained ~n the ordinance is: ~1ininurn Tax Rate Haximum $2t) Sl.25 per <;1,000 \Tone Approx~mately 740 businesses w~ll be affected by the proposed amendment. The Munic~pal Code provis~on aPlended to effectuate th~s change is Sect~on 6219A. n. Sav~ngs and Loans. Currently, the bus~ness l~cense tax paid by savings and loans lS: Mininur.l Tax Rate Hax~mum SlOO $100 SlOO The rev~sed tax rate contained ~n the ordinance is: M~nimum Tax Rate Max~Plum SlOO S3 per SI,OOO None Approx~mately 29 rusinesses will be affected 'by the proposed aPlendment. The Municipal Code provislon amended to effectuate th~s chanqe is Section 6223. SECTION BY SECTION A}TALYSIS The following is a sect~on by sectlon analysis of the proposed arnendl'lents, delet~ons, and add~ tions conta~ ned ln the accompanying ordinance: Sectlon 6106. Sectlon 6106 has been amended to substitute the Dlrector of Finance for the ci ty Clerk. In addition, a provlsion has been added substltuting the Director of Finance for the c~ ty Clerk throughout Artlcle VI of the r'luniclpal Code. 5 ~ .~ . e Section 6107. Sectlon 6107 has been amended to substltute the Director of Flnance for the City Clerk. Sectlon 6116. Bectlon 6116 has been anencted to substltute the Dlrector of Finance for the Clty Clerk~ to require t"Pat wri tten statements of licensees be in a prescrlbed format wlth speclflc documentation~ and to tax businesses with Multiple locatlons in the City on the basis of total gross receipts at all locations rather than taxlng each location separately. Sectlon 6116B. Section 611~B has been added to provide a ceflnl tlon of gross receipts. In aCldi tion, the new section empowers the Dlrector of Flnance to adopt, with the approval of the Clty Attorney, rules and reqUlatlons relatlng to apportionnent. Is sues of apportionment arlse when certaln businesses have gross receipts frOM activitles generated from both wlthln and wlthout the Clty. Section 6127. The purpose of this Sectlon is to describe the operation of the tax rate changes lMplemented by the accompanying ordinance. As the Section lndlcates, buslnesses sub] ect to the changes wlll receive ln Janauary 1984 a special statement providing them with the amount of addltlonal taxes owed or the aI'lount of the refund res u 1 tlng frolTl the changes made by the acconpanying ordlnance. The additlonal taxes or refunds will be calculated by totaling taxes under tne old tax structure with taxes under the new tax structure, wlth the total dlvided by two. ThlS wlll result ln an effective 19R3-84 business license tax 6 e e which ~s higher or lower than the old tax by an a~ount equal to one-half of the amount of the chanqes inplemented In the accornpany~ng ordinance. (For example, if the tax under the old law was SSO.OO and the tax under the new law was SIOO.OO, the tax for the current year would be ~75.00.) In addl tion, th~s Sec tlon ~s designed to ensure that businesses 1n the Downtown Parking and Bus~ness Improvement Area do not pay an increased special business license tax pursuant to Ordlnance number 702 (CCS) in addltion to any increased business license tax. Under Ordinance 702 (CCS), a special business license tax is assessed in the Downtown Park~ng and Bus iness Improvement Area. The spec~al bUslness llcense tax is calculated at f1ve t~nes the regular bUSlness llcense tax. Section 6127 provldes that the business llcense tax, for purposes of deterMlninq the speclal hUSlness license tax required by Ordlnance 702 (CCS), is the business llcense tax deterMined by the law 1n effect on July 1, 1983. Accordingly, the anount of the special buslness license tax wlll not increase or decrease w1th the changes 1n the tax rate contalned in the accompanying ordinance. In the future, lt nay be oeslrable to anend Ordlnance 702 (CCS) to change the speclal bUSlness license tax rate set forth in that ord inance . However, since a resol utlon of J..ntentlon is required before Ordinance ~umber 702 (CCS) can be anended, Section 6127 provides an lnterim solution to lmplenent the City COUDCll's obJective of not provlding an increased spec1al business license tax in the Downtown parking and Business Improvenent Area. 7 ~ e e The City has also established by ordlnance business promotlon areas. See Ord1nance HUMber 725 (CCS) (Downtown); Ordlnance Number 960 (CCS) (pontana Avenue). The Downtown business proMotion area determines the amount of the speclal asseSSMent on the basls of a percentage of taxable sales; accordingly, the changes In the aMount of tl1e business license tax will not change asseSSMents for thlS promotion area. The Montana Avenue business promotion area determlnes the amount of the specinl assessment on the baS1S of 259.; of t"he business license tax with a ~inl~un of S2~ and a naxinu~ of ~200. Because the amount of the special assessment is t1ed to the business license tax, Sectlon 61:'7 provldes that the business license tax, for purpose of determinlng the special business license tax required by Ord1nance Number 960 (CCS), is the bus1ness llcense tax determined by the law In effect on July 1, 198 3 . Accordingly, the amount of the speclal bus lness license tax for the Montana Avenue bus1ness promotlon area will not lncrease or decrease wlth the changes ln the tax rate conta1ned in the acconpanYlng ordlnance. f:ection 6209. Sectlon 6209 has been a~ended to chanqe the tax rate for auto and trailer sales bUSlnesses frow ~lOO mininum plus $.50 per each $10,000 of gross receipts in excess of SlOO,000 up to a maximum tax of $l,noo to SlOO nlnlmuro or ~1.25 per each $l,onn of gross rece1pts, wh1chever 1S greater, up to a maX1murn of $2,500 untll lqR4-85 and c;S,OQO 1n 19P5-86 and thereafter. R e e Section 6219A. Section 6219A has been amendec. to change the tax rate for co~erclal rental businesses fron 510.00 ~iniMun plus $.7~ per each 81,000 of gross recelpts in excess of 510,000 to $25 mlninu~ or $1.25 per $1,000 of gross receipts, whlchever is greater. Sectlon 6223. Section 6223 has been a~ended to change the tax rate for loans, building and loans and savings and loans buslnesses fron the flat rate of $100 to $100 or $3 per $1000 of gross recelpts, whichever is greater. In addition, the Section defines the gross recelpts included for thlS category of 11censee. Section 6225. Bectlon 6225 has been amended to change the tax rate on retall sellers fron S.hO per $1,000 of gross receipts in excess of SlO,OOO up to a naxinun tax of S2,OOO to $25.00 plus Sl.2~ per 51,000 of gross receipts In excess of 8500,000 witD no maxlmun tax. Section 6225A. At tre present time, receipts of uti 11 ties have been taxed at the certain gross professional, occupatlonal, and service ra te . In response to the proposed will result ln changes ln the tax ra te structure, which profesSlonal, occupatlonal and serVlce licensees paYlng More than retall and rranufacturlns llcensees, contacted the Clty and indicater'i appropriate. Article XIII, Sectlon 19 of the Constitutlon of the State of Callfornla provldes that the City nay not tax utllltles In an General Telephone Company tr.a t a ca tegory chang e was 9 .. e e amount "which dlffers from that imposed on mercantlle, manufacturing, and ot_her bUSlness corporatlons. II Glven thlS constl tut lonal prov lS ion, the City Attorney reconnends that utlllties sub] ect to thlS constitutional provislon be taxed at the rate generally applicable to retall sellers. By belng placed ln this category, which was reconnended by General Telep}-lone Company, utllitles wlll be taxed In conformity with the taxes assessen on the overwhelmlng nunber of businesses falling within the deflnl tion of mercantlle, nanufacturlng, and otl1er business corporat1.ons. See Clty of L1.vermore v. Pacific Gas & ~lectrlc Co., 120 Cal. App. 3d 1001, 175 Cal. Rptr. 100 (1981). Sectlon n226. Section 622h has heen amended to change the tax rate on nanufacturers-wholesalers from $. 50 per S 1,000 of gross receipts in excess of $20,000 up to a Maximum tax of S5,ana to $25.00 plus $!.C10 per s1,OOO of gross receipts in excess of 8500,000 W1.th no naXlmun tax. Sectlon 6236. Section 623n has been anended to change the tax rate on profes s lona Is froPl $ 20.00 roinlnurn pI us $. (; 5 per $1,000 of gross recelpts in excess of Sh,OOO up to a maX1JTlUm tax of $2,000 to $20.00 Mlnl~UI'1 or $3 per Sl,OOO of gross receipts, whichever is greater, with no maximum tax. The new section also substitutes the Dlrector of Flnance for the Clty Clerk. Section 6240. Section ~240 has been anended to change the tax rate on serVlces buslnesses from S20 punimum plus $ .65 per Sl,OOO of gross receipts in excess of $6,C100 to 520 ninimuJTl or 81 per $1,000 of gross recelpts, whlchever is greater. 10 e e Section 6240A. Bectlon 6240A has been repealed to elimlnate the naxinum tax limlt of S2,ono on services businesses. Other technlcal changes have been made in nany of the technical chanqes include sections discussed above. These addition of ne\v subdlvisions, renumbering of subdivisions, elimlnatlon of sexlst language, and conformlty of provlsions to ~ore recent anendMents of the Municipal Code. RFCOMMP"DATION It is respectfully recommended tDat the accompanYlng ordlnance be introducted for first readlng. PREPARED BY: Robert M. Myers, Clty Attorney 11 e . CA:RMM:rm6100 C~ty Council Meet~ng 9-27-83 Santa ~1onica, Callforn~a ORQINANCE tWMBER (Clty Counc~l series) A~ ORDINAPCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO AMEND SECTIONS 6106, 6107, 6116, 62091 62l9A1 62211 h2251 62261 67361 AND 6240 OF TPE SAt.JTA MONICA N~JICIPAL CODE, TO REPEAL SECTION ~/4DA OF THE SA tIT A MONICA MLmICIPAL CODE, AND TO ADD SECTIONS 61l6B, 6127, AND 6225A TO THE SA~~A MONICA MUNICIPAL COD~ RELATING TO THF BUSINESS LICENSE TAX THE CITY COUNCIL OF THE CITY OF SAN""A HmnCA DOES ORDAn.- AS FOLLOWS: SECTIOK 1. f'ectlon 6106 of the Santa Ponlca t1un~c1.pal Code is amended to read as follows: SECTION 6106. Director of Finance to Issue. (a) The Licenses requ~red by th~s Code shall be issued by the D1.rector 0 f Finance and shall state therein the amount thereof 1 the perioo of time covered therebYI the name of the person to whorl issuedl the bus lne s s licensed and the location or place of bUs1ness where such business 1S to be carrien on. 1 '" e . (b) No l~cense granted or ~ssued under prov~sions of the Code shall be in any manner transferred or assigned. (c) The Director of Finance shall make a charge of S. 50 for each dupllca te l~cense ~ssued under the prov~s~ons of thlS Code wh~ch has been lost or destroyed. (d) In no case shall any ~lstake made ry the Dlrector of Flnance in stating t~he a~ount of a license prevent or prejudlce the collection by the Clty of the amount actually due fron any llcensee. (e) ~Vhenever ln this Article the Clty Clerk is charged \tlith the responsibility of process~ng, lssulng, or admlnister~ng a llcense or permlt, the reference to the City Clerk shall be (leened a reference to the Plrector of F1nance. Sr:CTIOP '1 Bectlon 6107 of the Santa Honica Hunlcipal Code is amended to read as follows: SECTION ~l07. Tern of License. {a} All license fees shall be paid in advance in leaal money of the United 8tate5, at the offlce of the D1rector of F1nance. A separate license nust be obtained for each branch es tab lishI'lent or sepa ra te place of buslness, ln WhlCh bus1ness 15 carr 1e d on, 2 e . and each license shall authorize the party obtaining it to operate only that bus ines s descr1bed in such llcense, an only at the locatlon or place of bUSlness which is 1ndlcated thereby. (b) Every weekly license shall expire at midnight on the Sunday next succeed1ng its day of issuance. (c) pvery nonthly 11cense shall exp1re at m1dnight of the last day of the month dur1ng which J..t was lssued. (d) Every annual license shall expire at ~ldn1ght on the June 30th next succeeding its issuance unless specif1ed otherwise in this Code. (e) In the event a bond 1S required no license shall be issued unt1l said bond has been filed with the D1rector of Finance. (f) No greater or lesser amount of money shall be charged or received for any license than 15 provlded In th15 Code, and no license shall be sold or issued for anv period of tlJ'1e other than 1S prov1ded in this Code. SEC'1'IOl~ 3. Sectlon 6116 of the Santa fI~onlca r.1unlclpal Code 15 anended to read as follows: 3 e . SECTION (';116. Statement of Licensee. (a) In all cases where the amount of l~cense to be paul by any person is based upon the amount of recelpts, or sales or of buslness transacted, or upon the number of persons emp1oyeo or upon the number of wagons or other vehic les, used, or upon the amount of the roax~num admlsslon fee charqed, or upon the nunber of tables or chairs used for any gane or upon the nunber of un~ts in any bU11dlno. or upon the seating capacity, such person, before obta~nlng a license for such bUs1ness and w1th1n th1rty (30) days after the beginn1ng of each license period, shall file w1th the [1irector of Finance a ....rritten statement 1n the form requ1red by the D1rector of F1nance, supported hy such documentation requested by the Director of F1nance, showing the total amount of receipts or sales or of business transacted durina the precedlng llcense year, or the nUMber of wagons, or other vehicles used or the anount of the maX1mum admission fee charged, or the number of units conta1ned 1n such bU1ld1ng, or the seat1ng capaci ty at the date of such statement. 4 . e e (0) If two or More closely relate~ businesses are carried en at the same location and under the sane ownership and the buslnesses are on a gross recelpts basls, the gross recelpts shall be reported together and the greater of the rates app llcable wlll be used for the compilatlon of the annual license fee. When two or more non-related businesses are operated at one location, separate llcenses shall be requlred. (c) If any person is requlred to have two or more 11censes subJect to a llcense fee under Sectlon 6225, 6225A, or 6226 of this Code, the person sr.all pay, 1n add 1 t10n to the mininun annual llcense fee for each IJ..cense, a slngle 11cense fee for all llcenses computer} on the basis of the total gross receJ..pts of all llcenses. (d) Ko statenent filed pursuant to th1S Sect10n shall be conclusive upon the C1 ty or upon any offlcer thereof as to the ~atters therein set forth, and the sane shall not preJudice the rlght of the Clty to recover any amount that may be ascertained to be due fron such person 1n addltlon to the anount shown by such statement should It be found to be 1ncorrect. 5 e e (e) If any person required to flle any statenent pursuant to this Sectlon shall fail to do so, such person shall be required to pay a license fee at the maX1WUM rate hereln prescribed for the business carried on by such person and shall be gUllty of a vlolatlon of thls Code and shall be punlshable therefor as hereinafter provided. (f) In any case where tDe first llcense is to be issuer for a newly establ ished bus lnes s. the minimun tax for that type of bUSlness shall be paid, and at the terminatlon of the license perlod durlng WhlCh the operation of such business is commenced, the license for such license period shall be adJusted prov lded by th i s and paid ln Section for the the manner ascertalnlng and paYlng of licenses for other license perlods, after deductlng froll' the amount so found to be due the anount paid at the tlMe such first license was issued. (0) The correctness of any stateMent filed pursuant to thlS Sectlon shall he subJect to audlt and verification by the Cirector of Finance. WDO is hereby authorlzed and eMpowered to lnspect and audit the books ami records of any and all persons llcensed 6 e e to carryon any business specified in thl.s Code. (h) Any statement flIed pursuant to this Section shall ce signed and shall contaln the following: "I declare, under penalty of naking a false declaratl.on, that I aro authori zed to nake thl.s stateI'lent and to the best of my knowledge and belief it lS a true, correct and cOI'lplete statement, made ln good faith for the perl.od stated." For making a false statement or declaration the person signlng the statement shall be gUl.lty of a misdemeanor. (1) Any statement filed pursuant to thl.S Section shall be confi0ential in character and shall not be subJect to puhlic lnspectl.on. 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 Wl. th the adll' lnistra tion of this Code. SECTIO~ 4. Sectlon 6/0Q of the Santa Monica Munlclpal Code 1S aI'lended to read as follows: 7 It e SECTION 6209. Auto and Trailer Sales. Buying, selling or offerlng for sale new or us ed aut0J110bll es, trucks, trai ler s, house trallers, or campers, lncl uding parts and repairs, the annual llcense fee shall be $100.00 or $1.25 per each $1,000 or fractlon thereof of gross receipts, whlchever is greater. In no event shall any license fee requlred to be pald pursuant to thlS Sectlon be in excess of S2,50(l for llcense year 1983-84, S2,SOO for llcense year lQS4-R5, and $5,000 for llcense year 1q85-86 and each llcense year thereafter. SECTION 5. Section 621 q1l.. 0 f the Santa Moni ca t'''unic ipal Code is anended to read as follows: SECTION 6219A. COffiPlerclal Rental. Any person, group, assoclation, partnership, firm or corporatlon, whether as the owner or as the agent for the owner, who rents, leases or has avallab1e for rent or lease, one or Plore comMercial bu i ld lng, lnd ustr lal bUl1ding, offices or offlce bUlldlng, land or vacant lots that way be utllJ_zed for commerlcal, industrlal or offlce uses, whether at one or r:1Ultiple locatlons, the annual license fee shall be $25.00 or 81.25 per each $1,000 or 8 tit e fraction thereof of gross receipts, wh1chever 1S greater. SECTION 6. Sect10n 0223 of the Santa Monica Municipal Code 1S a~ended to read as follows: SECTION f223. Loans, Building & Loans, Sav1ngs & Loans. Loan1ng money upon personal security, evidences of debt, asslqnment of salary, salary warranty, salary demands, aut0I'10b1les, or any personal property, or purchasing automoblle contracts, commercial paper, eVloences of debt, ass1gnments of salary, salary warranty, salary deI'1ands, tlme checks, or other evidences of salary due or to beCOMe due, or autonobile paper, the annual license fee shall be SlOQ.OC or S3.no per each Sl,OOO or fraction thereof of gross receipts, wh1chever is greater. Gross rece1pts shall 1nclude the following: 1. Interest on real estate loans. 2. Loan fees of varlOUS k1nds, such as fee for escrow, appra1sal drawing papers, and other similar charges. 3. Bonuses received for prepayr'ent of loans. 4. Penalty charges on delinquent loans. 5. Tax service fees. 9 It e 6. Interest on personal loans to depos~tors. 7. Receipts over and above the recovery of princ~pal frat': the sale of nortgages or other evidence of ~oney due from loans. Nothing in this Sect~on conta~ned shall be deened or construed to apply to the holder of a bond broker's l~cense, or to any person conduct~ng a banking business under the laws of the State of Cal~forn~a, or a pawnbroker's bus~ness . SECTION 7. Section F.72 5 of the Santa Hon~ca r1un1c1pal Code 1S aMended to read as follows: srCTIOl'T 6275. r1erchants-Peta1l. Manufactur1ng and sell~ng any qoods, wares or nerchand~se at reta~l or wares or merchandi s e sell~ng any goods, at retail and not otherwise speclfically l~censed by other provisions of this Code, or not specifically exempted ~ron the paynent of llcenses by this Code, the annual license fee shall be S25.00 min~mum, plus $1.25 per each $1,000 or fract10n thereof of gross rece~pts ~n excess of S500,000. SECTION 8. Section (,226 of the Santa l-1onica r1unic~pal Code is aMended to read as follows: 10 e e SECTION 6226. Manufacturers- vlholesalers. Manufacturing and selllng any goods, wares, or merchandlse at wholesale or selllng goods, wares, or Plerchandise at wholesale and not otperwlse speciflcally licensed by other provislons of this Code, or not speeiflcally exenpted from the pa1ment of licenses by thlS Code, the annual llcense fee shall be S2S.00 minlMur, plus Sl.00 per eaeh Sl,QOn or fraction thereof of gross recelpts ln excess of $500,000. SECTIO!';,r 9. Seetlon 623f, of the Santa Honica Mun~c~pal Code ~s aPlended to read as follows: S E C T I 0 ~T 6 2 3 6 . ProfeSSlonal. Any person, group, associatlon, partnershlp, firm or corporatlon engaged ln a profession, vocatlon or calling, listed herelnafter or not speclflcally provloed for in any other Sectlon of thlS Code, the annual license fee shall be $20.00 or $3.00 per each $1,000 or fract~on thereof of gross recelpts, whicpever is greater. The professlons, vocations or callings referred to hereln lncl ude, but are not llmited to the followlng: 1. Accountant. 11 e e 2. Appra~ser. 3. Archltect. 4. Assayer. 5. Attorney-at-law. 6. Auditor. 7. Bacterlologist. R. Bond Broker. 9. Cert~fied Public Acountant. 10. Cherist. 11. Chiropodlst. 12. Chiropractor. 13. CiVll Fnqineer. 14. COmMerclal Art~st. 15. COP1rlissJ.on r'erchant. Ih. Credlt Report. 17. Decorator (Interlor). 18. Dental Techn~cian. 19. Dentlst. :'0. Deslgner. 21. Doctor-~edlcal. 22. Draftsman. 23. Drugless Practltloner. 24. Electrlcal Engineer. 25. Electrologlst. 26. Geologist. 27. Hypnotlst or Hypnotheraplst. 12 e e 28. Insurance AdJuster. 29. Insurance Broker. 30. Landscape Architect. 31. t1anufacturer I s Agent. 32. nechanical Englneer. 33. Mlnlng ~nglneer. 34. Oculist. 35. Optician. 36. Optometrlst. 37. Osteopath. 38. Physlcian. 39. psychlatrist. 40. Publlclty Agent. 41. Real Estate Broker. 42. Stock Broker. 43. Surgeon. 44. Surveyor. 45. Tax Counselor. 46. veterinary. vllienever a State of Callfornla llcense 18 requlred to entitle a person to practlce a profession, the D1rector of Flnance may require, before 1ssuing a license pursuant to th1S Sectlon, unexp1red and sald applicant Callforn1a. the applicant to exhibit an unrevoked llcense entitling to pract1ce In the State of 13 e e SEC'"rrON 10. Sect1.on 6/40 of the Santa Monica Municlpal Code 1.S aMended to rean as follows: SECTIOP 6240. ServJ.ces. Selling or provioJ.ng for pay any serVJ.ce which is not otherwise specifically licensed by other provJ.sions of thJ.s Coce, or not speciflcally exenpted from the payment of IJ.censes by this Code, the annual license fee shall be S20.00 or $3.00 per each $1,000 or fraction thereof of gross rece1pts, whichever 15 greater. The services referred to here~n 1.nc1ude, but are not 1iMlted to, the fo11owlng: 1. AdvertisJ.ng, Re1atlons Agency. Pub11Clty or PubllC 2. Alarm. 3. Jl.nlna1 Care or Leasing. 4. Auto Servlce Statlon. 5. Auto Wash. 6. Auto Hrecking. A perrn1t lS requ1red prior to licenslng (see Sections 6120 and 6122). 7. Barber Shop, Beauty Parlor, or any other es tah1ishment engaged 1n ton s or ia I arts, manicuring, shanpooing, hair-dressing, shavlng or facla1 nassage. 14 e e 8. Bath Rouse or Bath Treatment. A perrr~t is required prlor to llcens lng (s ee Sections 6120 and 6122). 9. Bookkeep1ng. 10. Booking or ~eatrical Agent. 11. Brokerage, Stocks and Banas. 12. Caterer. 13. Check Cashing. 14. Collectlon ^gency. 15. Commercial Artlst. 16. Consultant. 17. Data processing. 18. Employment Pureaus. 19. Gardenlng and Landscaping. 20. House, COMmercial BUllding, Industrial Plant, etc., cleanlng, inc 1 udlng Janitor~al, household furnlshlngs and wlndow-washing serVlces. 21. Illustrator. 22. Inst~ tutions, schools, or persons engaged in the bUS1ness of providing for pay lnstruction 1n such Matters as art, aviation, beauty culture, sel f-defense, trade or business or other aCCOl'1pllShment. A pernl t 1S required for dance and phys ical culture instruct10n prior to licensing (see Sections 6120 and 6127). Th1S sub-Section shall not 15 e e apply to any gymnasiurr conducted in connection with any prl vate cl ub or any public or private school w~ere other courses of lnstructlon are qlven. 23. Agency. 24. 25. Let ter Hritlng or Addresslng Lithographer. requlred prior to or Masseuse. A pernlt is licenSlna (see Sectlons Hasseur f;120 and 6122). 26. t-1orticlan. 27. Odor Control. 2A. Private Investigation, Patrol or Securlty Agency. 29. Public stenographlc Service. 30. Rental of Vehlcles, Trailers, Appliances, etc. 31. Repair In conJunctlon l~censed. 32. Research Flrn. service of any type when not wlth a business already 33. Storage or Warehouse Facilitles. 34. Tallors or Dressmakers. 35. Telephone Answering SerVlce. 36. Tlcket Agency. 37. .....ree Care. 16 It e 38. Typewr~ter Repair. SECTION 11. Code 1S repealed. SECTION 12. Sect10n 6240A of the Santa Monica Municipal Sect~on 61ltSB ~s added to the Santa Monica Munic~pal Code to read as follows: SECTION 6116B. Gross Receipts. (a) "Gross rece1pts," whenever used 1n thls Artlcle shall be construed as def~ned in this Sectlon unless from the context a different mean1nq is intended or unless a different meaning is spec~fically defined. "Gross receipts" shall mean the gross rece1pts for the fiscal year cOmlTlenc1ng on July I and end1ng on June 30 of the follow~ng year and shall mean: (1) The total amount of the sale price of all sales, the total amount charged or received for the perforI'lance of any act, serV1ce or employment of whatever nature it ~ay be, whether such service, act or enployment is done as part of or ln connectlon with the sale of goods, wares, Plerchandlse or not, for which a cha rg e 18 nade or credlt allowed, lnclud~ng all receipts I cash I credlts and property of any klnd or nature I any aP10unt for WhlCh credit is allowed by the seller to the purchaser 17 e e wlthout any deductlon therefron on account of the cost of the property sold, the cost of the rnaterlals used, labor or service costs, lnterest pald or payable, losses or any other expense whatsoever~ provided that cash discounts allowed or taken on sales shall not be included. (2) "Gross recelpts II shall also include the amount of any federal nanufacturers' or lmporters' eXClse tax lhcluded ln the prlce of property sold, even though the nanufacturer or lmporter is also the reta1ler thereof and whether or not the amount of such tax is stated as a separate charg e . (3 ) "Gross receipts II shall not 1nclude the amount of any federal tax lmposed on or with respect to retall sales whether lmposed upon the retaller or upon the consumer and regardless of whether or not the anount of federal tax lS stated to custoners as a separate charge, or any Callforn~a state, clty, or city and county sales or use tax required by law to be lncluded in or added to the purchase price and collected fro~ the consumer or purchaser, or such part of the sales prlce of any property previously 18 e e sold and returned by the purchas er to the seller WhlCh is refunded by the seller by way of cash or credit allowances glven or taken as part payment on any property so accepted for resale. (4) In connection with a person leaslng or rentlng property, "gross receipts" shall lnclude all amounts paid by a tenant to a lessor for the services perforned, or materials used, or utilitles or facillties furnished by U1e lessor on the premises or ln connectlon wlth the tenant's use, possession, or the rlght to possess the property. "Gross recelpts" shall also include any receipts paid by a tenant to ales sor for the use or possess1on of land, or the right to use or possess land other than that upon which the bUlldlna or structure is located but Wh1Ch is used or possessed or ~s aval1able for use or possesslon by a tenant for purposes related to the tenancy. "Gross receipts" shall also include all aMounts paid as prepald rent. (5 ) "G ro s s receipts" shall incl ude receipts of any person rec e 1. vec1 as cO~lssions or fees earned, or charges of any character made or cOPlpensatlon of any character recelved, for the performance of 19 - e any service by said person or any of said person's employees. "Gross recelpts" shall also include recelpts of any person received as partlal or full compensation or relmbursenent for, salaries, payroll taxes, frlnge benefl ts ann any and all s1milar expenses for persons who are employees of said person and receipts of any person received as partial or full cOP"pensation or relmbursement for equlpment, supplles, utilitles, or other items or services acqulred by sald person in that person's na~e and used or consumed in the performance of serVlces. (6 ) "Gross receipts" shall not include anyth1ng which the City of Santa lbnica nay not lawfully lnclude by virtue of the Constltution of the unlted States or the Constltution of ele State of Callfornla. (b) ~~en, by reason of the provisions of the Constl tutlon of the Uni teCl States or the Constitution of the State of Callfornla, the bUSlness license fee lmposed by th~s Artlcle cannot be enforced without there being an apportionMent accordlng to the amount of bUSlness done ln the Clty of Santa r.1onlca, or in the State of California, as the 20 . . e e case may be, the D~rector of Flnance , with the approval of the C1 ty Attorney, may make such rules and regulatlons for the apportionnent of the tax as are necessary and nesirable to overcone the constltutional obJectlons. The apportlonment shall be marte on the basis of payroll value and situs of tangible property, general expense, or by reference to any other nethod of apportionPlent as w1.11 falrly determlne the aMount of gross rece1pts derived from or attributable to engaging 1n business in the Cl ty. Gross receipts der1 ved from lsolated or occaslonal transactions at places outsine the City but wlthin the State of Californla, where the IJ.censee is not regularly engaged ln a course of bUSlness transactions shall be deerled gross recelpts derived from engag ing In business 1n the Clty. Gross receipts derlved from or attrlbutable to sources wltlnn the City incl ude gross recelpts frOM tangible or lntangible property located or ha vlng a si tus in the City and, when not contrary to law, gross recelpts from any activities carried on ln the City regardless of whether carrled on in lnterstate, 1ntrastate, or foreign commerce. 21 . ' e e Sr:CTION 13. Sectlon 6127 is added to the Santa Monlca MUnlclpal Code to read as follows: SECTION ~127. 0peration of 1983-B4 Tax Rate Changes. 62l9A, ( a) 6223, The anendments to Sectlons 6209, 6225, 6::!25A, fi226, 6236, 6240, and 624nA contained in the ordinance adoptlnq thlS Section shall be effective for license year cOmrrlenclng on July 1, lSlR3, and endino on June 30, 1984, as follows: (l ) Th e annual license fee required by such Sect10ns shall be deternlned on the basis of the gross receipts reported In license year 1983-8L!. ln ac cordance with th1s Code. ( 2 ) The annual l~cense fee requ1red by the predecessor of such Sections, as effective prlor to the date of of adoptlon of the OrQlnanCe adoptlng this Sectlon, shall be deternlned on the baS1S of gross recelpts reported in llceDse year 19P3-84 ln accordance wlth thls Code. ( 3 ) Th e anount determined in accordance with subdlvision (a) (1) of this Sectlon and the amount deterwined in accordance with subdivlsion (a) (2) of this Sectlon shall be totaled and dlvlded by 2. 22 . J _ , e e The aMount deternlned in accordance w1th this subdivls10n shall be the a~ount of the annual license fee for llcense year 1983-84. (4) If a person has prevlously paid to the Cl ty an annual llcense fee for llcense year 1983-84 w1nch 1S less than the amount deterP1ined ln accordance with subdlv1sion (a) (3) of thlS Sectlon, the person shall pay to the C 1 ty on or be fore March I, 1Q84, an amount equal to tJ:;e dlfference bety1een t"he annual llcense fee c1etermine d in accord ance Wl th subd1 vis ion (a) (3) of thlS Section and sucn amount prevlously paid not lncluding any penalties. ( 5 ) If a person nas previously 11cense fee for pald to the Cl ty an annual license year 1983-84 which lS greater than the amount determ1ned 1n accordance Wl th subdlvlslon (a) (3) of t~lS Sectlon, the Clty shall refund to the person on or before t1arch 1, 1984, an aMount equal to the dif ference between such amount prev10usly paid not includlng any penalties and the annual llcense fee determlned In ac cordance Wl th suhdlvlsion (a)(3) of thlS Section. (f:. ) For license year 1983-84 only, and from the effectlve date of this 23 \00 . . e e Section, in lieu of the penal tle s prov lded for ln Sectlons hl09 and 6112 of this Code, a penalty of twenty-flve percent (25~) shall 0e lJ11posed on the aPlount of the annual 11cense fee deterrined in Rccordance wlth subdivislon (a) (3) of thlS Sect1on. No person shall be entltled to a refund of any penalties paid prior to the effectlve date of this Section. (7) In addltlon to the penalty inposed by subdlv1s1on (a) (6) of this Section, a penalty of twenty-five percent (25%) shall be 1mposed on the amount of any annual license fee determ1ned ln accordance w1th SUbClv1sion (a) (3) of this Section renain1ng unpald after r-1arch 1, 1984. ( 8 ) The J1irector of Finance shall mail to all persons sUbJect to an annual license fee pursuant to the Sections set forth 1n subdivision (a) of this section, a statement settlng forth the determJnation of the annual llcense fee for license year 19P3-84. ( b) 'I'he Sect~ons c1escribed In subdlV1Slon (a) of thlS Sectlon shall be fully effectlve, without regard to subdlvlsion (a) of thlS Section and \.,ithout other proration or other reductlon, except as 24 .. . . , e e required by other prov1sions of th1S Code, for llcense year 19R4-85 anc each llcense year thereafter. (c) For those persons subJect to the annual license fee requlred by Sections 6209, 621<)A, 6223, 6225, 6225A, 6226, 6236, and 6240, the speclal bUS1ness 11cense fee requlred by Ordinance Number 702 (CCS) or Ordinance Number q60 (CCS) shall be Qeterrined on the basis of the annual llcense fee deternlned 10 accordance with subdlvision (a) (2) of this Section. STCTIOJ'J 14. Sectlon 62?5A is added to the Santa Monica Municipal Code to reao as follows: SECTlmJ 622 SA. Annual Li cens e Pee of Regulated Utllities. Whenever by virtue of this Code an annual license fee is required to be paid by any utillty subject to Article XII I, Sect1.on ] 9 of the Constl tut10n of the State of Californ1a, the annual llcense fee, notwlthstanding any provislon to the contrary contalned ln tl1is Code, shall be <::25.00 mininun, plus $1.25 per each 81,000 or fractlon thereof of gross recelpts in excess of ~50(), 000. SEC'!'ION 15. Any provision of the Santa Honlca Municipal Code or appendlces thereto incons1stent wlth the provlslons of 25 .. 14 I e e th1s ord1nance, to the extent of such 1nconsistencies and no further, are hereby repealed or I'lodifled to that extent necessary to affect the provisions of this ordlnance. SEC'T'IO~~ IE. If any sect~on, subsection, sentence, clause, or phrase of thlS ordinance lS for any reason held to be invalid or unconstltutlonal by a deciSlon of any court of any competent jurisdlctlon, such dec1sion shall not affect the valldlty of the renalnlng portions of the ordinance. The Clty Council ~ereby declares that 1t would have passed this ordinance and each anc" every sectlon, sur-sectlon, sentence, clause or phrase not declared inval1(! or unconst1tutlonal wlthout regard to whether any portion of the ordinance would be subsequently declared invalid or unconstltut1onal. SECTrmI 17. The Mayor shall sign and the City Clerk shall attest to the passage of thls ordinance. ThlS Clty Clerk shall cause the same to be published once in the officIal nev.;spaper withln 15 days after its adoptlon. ~e ordlnance shall becone effect1ve after 30 days from ltS adopt1on. APPROVED AS TO Fom1: ....~ ". -^-~? .'t ~'";1;; ~ --. \.- . .:t1N'~ ~ ~w~'-- Robert M. Hyers ~ Clty Attorney 26 z C$'~ 0/5 WHITMA~, MAHER. & WIESE CERTIFIED PUBLIC ,,"CCOll'lT" >,,;TS e ~LqO - '1 f ~!::;; 2:l3 WILSHII;:E BOULEVARD SUITE 545 SANTA ...ONICA CALIFORNIA 904Q' 39301.7 JAMES 0 WHIY-'AAhI CPA LA~:!;IY H MAHER CPA CHI>,.LE5 W WIESE CPI>, September 27, 1983 The Honorable Ken Edwards Mayor of the City of Santa Monica 1685 Main Street Santa Monica, California 90401 Dear Sir: We are writing to you to explain our opposition to the structure of the proposed Increase in business tax rates in the CIty of Santa Monica and to express our concern about the possible consequences of this measure, should it pass as currently written. We believe that a tax rate schedule WhICh reflects an Increase of 462% (with no maximum limitation to that increase) for certain categories of businesses, and Increases ranging from two to three times lower on other businesses, is grossly inequitable. We all understand I'ising costs and the need to Increase tax revenue in order to have the funds to properly manage the City's affairs. However, the proposed discrepancies in tax rates and in the application of exemptlons to those rates, places an unfair burden on many who conduct business in Santa Monica. There cannot be any justification for such blatant discrimination between various categories of businesses. We feel that all types of businesses are necessary to the economic good health of the community. Due to the recent lengthy recession, many busmesses have had to cut their costs dramatically in order to survive. Sudden increases in taxes will result in increased costs which cannot be passed on to clIents and customers. For example, our city tax under this plan would increase from $285 to approximately $1,200. For a small firm like ours, an inequitable cost increase of this nature, when coupled with the past several years of economic bad times, will place an undue hardship on us, possibly resulting in the necessity to reduce our staff. We feel certam that other small firms will find themselves in similar positions. There can be no question that business cutbacks adversely affect the well-being of the general community. We want Santa Momca to prosper and to continue the fine growth it has experienced recently, not cut back. The principals of our firm have been doing business in the general area for twenty years, and we have been in our current location for eIght years. We are very active in community affairs and encourage all our employees to partiCIpate in organizations and actiVIties which support the general welfare of all residents and business people in Santa Monica. We care deeply about the welfare of the City of Santa Monica and therefore strongly urge you to give serious thought to meeting with members of the e The Honorable Ken Edwards September 27, 1983 Page 2 e business community in order to revise the structure of this proposed tax increase. We are sure that a more equitable rate structure can be found. S}ncerely, L .tf!" '~1 /l1c?~ Larry H. Maher Charles W. Wiese WHITMAN, MAHER &: WIESE WMW/ab o~~ e e 9/27/83 BUSINESS LICENSE TAX PROPOSAL SUPPLEMENTAL INFORMATION 1) Public Informat~on Efforts Chronology 2) Comparison of Business License Tax Rates Between Jurisdictions 3) Tax Changes for Typical Firms 4) Tax Rates As a Percent of Profit 5) Tax.Comparison for Typical Phys~c~an's Office \, e e Public Informat1on Efforts Buslness License Tax Proposal May 10, 1983 Presentatlon to Board of D1rectors of Chamber of Commerce May 10, 1983 May 11, 1983 (Est. ) May 20, 1983 May - June June 14, 1983 June 21, 1983 Council Study Session Evening Outlook and Los Angeles Times Coverage of Proposals Dlscussed in Proposed Budget Message Executive Br1ef for distribut10n Council Study Session Budget Publlc Hearing and endorsement of concept June - July 1983 LeB called Jerry Jackson - offered to staff work1ng group of Chamber July 28, 1983 Handouts mailed to Chamber July - August Seascape article August 9, 1983 Evenlng Outlook major art1cle August 31, 1983 MS spoke to Main Street Merchants September 1983 Chamber of Commerce Newsletter article September 20, 1983 LCB and MS spoke to Chamber Local Leg1slat1ve Comm1ttee ! - ~.A , , I ~I a: o C) lLJ ~ U >- W ~ 0:: o 1L ,,.. 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("J oj( c.. <t> r= 9/27/83 e e " TAX CHANGES FOR TYPICAL FIRMS (2 ) (3) (1) Endorsed Tax Change Group Affected Tax Now 1983-84 1984-85 (2)-(1) (3)-(1) 3,399 Average Prof/Servo GR;;;;;$325,OOO $227 $601 $ 975 $ 374 $ 748 3,399 Med1an Prof/Servo GR=$58,OOO 54 114 174 60 120 339 Tap 10% of Prof/Serv GR~$372,OOO 258 687 1,116 429 858 2120 Averaoe Retail GR=$426,OOO 268 147 25 (121) (243 ) 2120 Hed1an Reta~1 GR=$117,00O 89 57 25 (32) (64 ) 212 Top 10% of Retail GR1$669,000 420 328 236 (92) (184) Ketall Breakeven Point GR;;;;;$952,307 590 590 590 0 0 Only the 139 retail flrms w1th GR., $952,307 "1111 exper1ence increases. 117 l\_v2rage MF GR=-$1,263,00O 651 719 788 68 137 117 Med1an rfl.F GR=$101,OOO 70 48 25 (22 ) (45) 11 Top 10% HF GR~$6,802,OOO 3,421 4,874 6,327 1,453 2,906 r-1F Breakeven POlnt GR=$990,000 515 515 515 0 0 Only the 59 wholesafe/rnanufacturlnQ flrms with GR> $990,000 wll1 experience increases. $ ,. e e 9/26/83 TAX RATES AS A PERCENT OF PROFIT Pre-tax Effect~ve Tax ~ax Rate as Post-tax Category Proflt IvTarg1n Per $100 GP % of Proflt Prof1t PROF/OCC/ SERVICES 11. 6% $11.60/100 Now: 6~9 0.5% $11.53/100 New: 30e;: 2.5% 11.30/100 RETAIL 3.9% 3.90/100 Now: 69 1. 5% 3.87/100 New: H1 12~<: 3.2% 3.78/100 @2.1SM 9 3/4<: 2.5% 3.80/100 Lo 5<: 1. 2% 3.85/100 ~.:::EY FIKDn~GS: (A) Under present tax rates, professlonal/occupational/s~rvice fLrRS are taxed at one-third the share of profit of reta11 firms. (B) Under endorsed tax rates, taxes as a share of proflt \lould be equalized for both sectors at S2.18 ~111ion and would result in an overall sroaller range of dlfference ln tax rates as a share of proflt. Source of data: :s.obert norr1S Associates 'S2 Annual Statement Stud1es~ operat1ng prof1t percentages def~ned as gross profit mlnus operatlng expenses. ~. . e '. PH'ISICAA'N ts O?P\C~ (GrD5s yeceipts ba.oed 01\ Qv'ei~ si-z..e. Dr-- is Omce in 'So.Jt~ ~CA.; I Mv"e. A ~~ed if\~ ~Jo ~tN\t aoJ-o. ) 5~~ ~CL: ,..~ Ntvr Iqn.s~ t qst.t-flS Los ~&I C~~ Gi~ based OY'\ ~eV.,,~ Mil\s (p'" 8+'r'1'I0\4ec.) (Q1e. - 11 0+ 5 R.. . '* 27S'; D1Sl) 6~ , O~, I Nt,MSc, t Seer. .. IS-O &1$0 ,SD t \,-a 7r $12r '* ~q(,