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SR-8-A (41) . . ;!-I) f/;-oo ( P-A APR :! J1 199t, CA:RMM:mox80b/hpw City council Meeting 4-24-90 Santa Monica, California 1 ~n~f'\ I1AY 1~:1\J SUPPLEMENTAL STAFF REPORT TO: Mayor and city council FROM: City Attorney SUBJECT: Ordinance Repealing Various sections of Chapters 1 and 2 of Article VI of the Santa Monica Municipal Code and Adding Subchapters lA, 1B, Ie, and 10 to Article VI of the Santa Monica Municipal Code Relating to Business License Taxes This Supplemental staff Report transmits to the city Council revisions to the Business License Tax Ordinance transmitted to the City Council last week. The principal revision involves a substantive change recommended by the ci ty Manager concerning auto dealers. Auto dealers were covered under Tax Rate Group I in the previously transmitted ordinance. In the accompanying ordinance, a new Section 6060 (b) has been added to create a Tax Rate Group II specifically for auto dealers. Auto dealers will pay $75.00 for the first $60,000 of gross receipts, plus the sum of $1.25 for each $1,000 or fraction thereof of gross receipts in excess of $60,000 (the same tax rate as required for Tax Rate Group I). However, a substantive change has been made in that the amount of the tax paid by auto dealers will be capped at Twenty Thousand Dollars ($20,000.00) in Fiscal Year 1990-1991; Twenty-Two Thousand Five Hundred Dollars ($22,500.00) in Fiscal Year I-A - 1 - ~ i4~! . . U~- ao L- 1991-1992; and Twenty-Five Thousand Dollars ($25,000.00) in Fiscal Year 1992-1993, and each year thereafter. In addition, the following technical changes have been made: L The word "federal" and "state" have been capitalized wherever they appear in order to be consistent throughout the Ordinance. 2. The word "hereinbelow" has been changed to "hereinafter" throughout for clarification purposes. 3 . Several sections which were referenced throughout the Ordinance were incorrect and the correct section numbers have been inserted. 4. In the discussion of Tax Rate Groups, the term rrbusiness licensee" has been replaced with "person or entity" in each instance for clarification purposes. 5. The Tax Rate Group change noted above has necessitated renumbering all of the remaining Tax Rate Groups, as well as renumbering the specific paragraphs which follow the new section 6060(b) . All revisions to the ordinance have been underlined. PREPARED BY: Robert M. Myers, City Attorney Linda A. Moxon, Deputy City Attorney - 2 - . ;I 0-' - 0 0 \ ~()1'....otJ ( Santa Monica, California . FO:TJF:br:iirblto2 council Meeting: March 13, 1990 STUDY SESSION REPORT TO: Mayor and city council FROM: City staff SUBJECT: REVISED BUSINESS LICENSE TAX ORDINANCE AND TAX RATES Introduction Approximately six months ago, city staff in conjunction with a consultant, Ralph Anderson and Associates (RAA), began a thorough review of the cityJs Business License Tax Ordinance. This is to transmit to the City Council the results of this review and to summarize key findings and recommendations of the consultant. The modified business license structure proposed by the City of santa Monica improves the overall fairness of the tax, improves administrative efficiency and understandability by the business community, and enhances revenue generation capabilities while remaining competitive with the practices and tax rates found in Beverly Hills, Culver city and Los Angeles. Implementation of the proposed changes for FY1990-91 is projected to increase Business License Tax revenues by approximately $3.2 million. Backqround In August 1989, staff retained RAA to assist in performing a comprehensive review of the equity, ease of administration and tax rates of the current Business License Tax ordinance. This - 1 - . . was necessary because the City's Business License Tax rates were last revised in FY1983/84 and the overall structure of the ordinance has not been revised since 1962. RAA are recognized experts in this field and ~ere instrumental in assisting city staff in successfully implementing the FY1983/84 tax rate changes. During the last six months, RAA has undertaken three basic work efforts: Conducted an overview assessment of the City's Business License Tax Ordinance to identify its strengths and weaknesses, and to recommend opportunities to improve the current ordinance. Reviewed the adequacy of the city's Business License Tax apportionment guidelines in relation to various issues raised by businesses in the City. Prepared a detailed framework from which the City Attorney can draft a revised Business License Tax Ordinance which will result in a tax which is equitable, easily understood and administered, and which reflects tax rates which are consistent with similar tax rates in neighboring jurisdictions. Attached is RAA's final report. Copies of interim materials were distributed to the City Council during January 1990. Key Findinqs and Recommendations Key findings and recommendations of the RAA report are summarized under the headings of equity, ease of administration and revenue generation. - 2 - . . A. Equ1ty - This deals w1th whether or not similar businesses are treated in a like fashion and if tax rates reflect a general ability to pay. The current ordinance is inequitable due to "bracketingll of tax rates where the amount of tax paid by larger businesses (except Auto Dealers) per $1,000 of gross receipts is more than the amount paid by smaller businesses. For Auto Dealers, the use of a $5,000 tax I1cap" means that smaller dealers pay more tax per $1,000 of gross rece1pts than larger dealers. This is not equitable. Current tax rates do not reflect the general profitability of different categories of businesses. To correct these problems, the proposed ordinance would eliminate bracketing of tax rates, remove the Auto Dealer tax cap, and re-categorize businesses in relation to modified tax rates to better reflect their general ability to pay. B. Ease of Administration - This deals with how efficiently the ordinance can be administered by City staff and how understandable the ordinance is to the business community. The current ordinance has 73 different categories of businesses. This results in un-needed complexity for City staff and businesses. - 3 - . . The current ordinance commingles regulatory and revenue generating provisions. This is confusing for all readers. Apportionment gUidelines help a business determine how much of its gross receipts are properly attributable to the city of Santa Monica for tax purposes. The business community has raised several questions concern~ng how to apply various provisions of the City's apportionment guidelines. To correct these problems, the proposed ordinance would reduce the number of business categories to 16, separate regulatory from revenue generating provisions, and clarify the apportionment guidelines. c. Revenue Generation - This deals with how comparable are City of Santa Monica Business License Tax rates to those in neighboring jurisdictions. Current tax rates are low in compar~son to those found in Beverly Hills, Culver City and Los Angeles. The proposed ordinance would increase tax rates to be competitive. Please see page 21 of the attached report for rate comparisons. For the majority of businesses in Santa Monica, the impact of the proposed tax rate structure is minimal. Typical annual tax increases for various types of businesses at various gross receipt levels is shown at page 27 of the attached report. - 4 - . . Also, attached is a table showing current City Business License Tax Rates. Implementation Schedule In order to implement the provisions of a revised Business License Tax Ordinance for FY1990-91, staff will ask the City Council on March 27, 1990 to direct the City Attorney to draft the revised ordinance. Attachments Prepared by: John Jalili, City Manager Mike Dennis, Director of Finance - 5 - . . CITY CF SAL'llA ~1OKIC;'--2{ISTDJG 'I'.;;X RA'IES Gross Gross Annuai Receipts ReceiPts Gross Type of Business (a) License $50,001- 5100,001- Receipts Feelb} 100,000 250,000 5250,001 + Co nt ractorsiS ubco nt. $50+ S 1.00/1000 $1.25/1000 $1.25/1000 Commercial Rental 50+ 1.00/1000 1 25/1000 1 25/1000 Merchants-Retail 50+ 60/1000 60/1000 1 25/1000 Manufactu rers-Who lesa I ers 50+ 50/1000 50/1000 1 00/1000 ProfesSions 50+ 1 00/1000 3.00/1000 3 00/1000 Servl ces 50+ 1 00/1000 3.00/1 000 3 00/1000 Auto and Trailer Sales tel Corp IAdmln. Headquarters (dl MISC. Busmesses (el Apartments (over 3 unlts)/Hotels (f) (a) For tax rates of other busmess types, refer to Ordmance. (b) Applicable per licensed busmess location except for contractors/subcontractors, rental of commercIal property and Corporate/Admin Headquarters which pay only S50 regard- less of the number of busmess locations operated. (c) Greater of $100 or $1.25 per $1000 of gross receipts With a maximum tax of S5000. (dl Gross receipts equals the cost of operation In Santa Monica, With the cost of operation equal to the annual rental value of real property, payroll and utlllty costs of the Corporate/Adm Inlstratlve Headquarters. If gross receipts cannot be calculated. use method noted In footnote (d) above 50+ 50+ 60/1000 60/1000 60/1000 60/1000 1 25/1000 1 25/1000 (e) (f) S 1 0 00 for S 00 - S 1 0,000 of gross receipts, thereafter S 1 25 per each $1,000 or fraction thereof of gross receIpts In excess of $10,000