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SR-8-A (45) ... .. - 2-?Jg--o/'3 e 1-/{ HO\l S tJU .' CA;BMH:rnfilOOB City Council Meetina 11-8-83 Santa Monica, Cal~fornla STAFF REPORT TO: "layor and City Councll PROM; Clty Jl.tt.orney SUBJFCT: Business License Tax Oroinance At lts neetinq on October 25, 1983, the Cltv Council lntroducen f0r ~irst reading an ordinance Chanqlnq the business license tax structure of the Clty of Santa Monica. The orolnancp 18 now presenteD for anopt1on. REC OMr--lEND A'!' I ON It 1S respectfully recoI"'J11ended that the acco!'1panving ordlnance he adopted. PREPAPED BY: Rohert M. Myers, Clty Attorney 1 Y-A NOV 8 lS83 J) ~~ e e CA:PMM:rn6100B C~ty Council Meet~nq 11-9-83 Santa Monica, California ORDINANCE NUMBER 1289(CCS) (C~ty Council Series) AN O~DINANCE OF THE CITY COUNCIL OF ~HE CITY OF SANTA MONICA N1ENDING SECTIONS 6106, 6107, 6116, 6209, 6212B, 6212C, 62l2E, 62l9A, 6225. 6226, 6236, AND 6240 OF THE SAtryA MOPICA MUNICIPAL CODE, REPEALING SECTION 6240A OF THE SAlTTA MONICA ML~ICIPAL CODE, AND ADDIN9 SECTIONS 6116B, 6127, AND 6225A ~O THE SANTA MONICA MUNICIPAL CODE RELATING TO THE BUSINESS LICENSE TAX T~E CIT~ COU~JCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTIO~ 1. Section 6106 of the Santa Monica Municipal Code is anended to read as follows: SECTION 6106. Director of Flnance to Issue. (a) The Llcenses reauired by this Corle shall be issued by the Director of F~nance and shall state therein the anount t~ereof, the period of tiMe covered thereby, the naMe of the person to WhOM issued, the business licensed ~d the location or place of business where such business ~s to be carrled on. 1 ~' '1., e e (h) Po license aranted or issued under provisions of the Code shall be in any nanner transferrer or assigned. (c) The D1rector of Finance shall rake a charge of S2.00 for each dupl1cate license issued under the provisions of this Code Wh1Ch has been lost or destroyed. (d) In no case shall any Mistake Made bv t~e D1rector of Finance in stating the aMount of a license nrevent or preju(Uce the collection by the City> of the a~ount actually due froM any licensee. (e) Whenever in th15 Article the City Clerk is charaed with the responsibillty of processing, issuinq, or adMinisterinq a license or perMit. the reference to t~e City Clerk shall be deened a reference to the Director of Finance. SEC~ION 2. Section 6107 of the Santa Monica Municipal Code 15 aMended to read as follows: SECTION 6107. TerM of License. (a) All license fees shall ~e paid in advance in leaal ~oney of the United States, at the 0ffice of the Director of Finance. A separate license nust he obtained for each branch establishnent or separate place of bus1.ness, 1.n which business is carr~ed on, 2 ~ ~" e e and each license shall authorize the party obtaining it to operate only that bus1ness described ln such license, and only at the location or place of business wplch is indicated therebv. (b) Every weekly llcense shall expire F\t Mldnight on the Sunday next succeeding its day of issuance. (c) Every ~onthly license shall expire at nidnlght of the last dav of the Month - during which it was issued. (d) Every annual llcense shall expire at nidnLght on the June 30th next succeeding its issuance unless specified otherWlse 1n this Code. (e) In the event a bond 15 reauired no license shall be issued until said bond has been filed with the Dlrector of Finance. (f) No crreater or lesser aMount of ~oney shall be charged or received for any license than is provided 1n this Code, and no license shall be sold or issued for any period of tiMe other than 15 provided in this Code. SECTION 3. Section 6116 of the Santa Monica Mllnic~pal Code 1S anended to read as follows: 3 't ~ ',," e e SECTION 6116. StateMent of Licensee. (a) In all cases where tne anount of l~cense to be pa~d by any upon the anount of receipts, business transacted, or upon person is basect or sales or of tl'1e nunber of persons eMployed or upon the number of wagons or other veh~cles, used, or upon the amount of the maxinuM admiss~on fee charged, or upon the nuMber of tables or chairs used for any game or upon the nuMber of units in any bu~lding or upon the seat~nq capacity, such person, before obtainincr a license for such business and w~thin thirty (30) days after the he~inning of each license period, shall file wlth the Dlrector of Finance a written staterrlent 1n the forM required by the Director of Finance, supported by such docunentatlon requested by the Director of Finance, showing the total anount of rp.ceipts or sales or of business transacted during thp preceding license year, or the nunber of wagons, or other veh~cles used or the anount of the maxinun actnission fee charged, or the nUMber of ~nits contained in such buil~ing, or the seating capacity at the date of such statement. 4 r Ie e e (b) If two or more closely related bus~nesses are carried on at the saMe location and under the sa~e ownership and the businesses are on a gross receipts basis, the gross receipts srall be reported toqether and the greater of the rates applicable w~ll be used for the cOMpilation of the annual license fee. ~.1hen two or More non-related bus~nesses are operated at one location, separate licenses shall be requ~red. (c) If any person is required to have two or more licenses subject to a license fee under Sections 62251 6225A, 6226, 6236, or 6240 of ~hlS Code, the person shall pay, in additlon to the Minimum annual license fee for each license, a sinqle license fee for all llcenses co~puten on the basis of ~le total gross recelpts of all licenses. (d) No state~ent filen nursuant to this Section shall be conclusive upon tpe Clty or upon any officer thereof as to the matters therein set forth, and the sane spall not prejudice the riaht of the City to recover any aMount that May be ascertained to he due fran such person In ~ddition to the amount shown by such state~ent should it be found to be lncorrect. 5 , . ! Oc e e (e) If any person requlrp-d to file anv statement pursuant to this Section sr.all fail to do so, such person shall be reauired to pay a license fee at the naxiruM rate herein prescribed for the business carried on by such person and shall be guilty of a vlolation of this Code and shall be punishable therefor as hereinafter provided. (f) In anv case where the first Ii cens e is to be lssued for a newly the nininu~ tax for established business, that type of business shall be oaid, and at the terMination of the license period durinq which tr.e operation of such business is connenced, the pp-riod shall be license for such adJusted and paid license .In tre Manner provided by this Section for the ascertaining and paY.lnq of licenses for other license periods, after deductinn froM tre amount so found to be due the aMount pa~d at the t.lMe such first license ~....as issued. (g) ~he correctness of any statenent filed pursuant to this Section sr.all he subject to audit and ver.lfication by the Director of Flnance, who is hereby authorized and eMpowered to inspect and audit the hooks and records of any and all persons licensed 6 . t 1 . e e to carryon any business specified in this Code. (h) Any stateMent filed pursuant to this SectLon shall be signed and shall contain the following: "I declare, unrler penalty of Making a false declaration, that I an autnorized to ~ake this stateMent and to the best of MY knowledge and bellef lt lS a true, correct and complete stateMent, Made in qood falth for the period stated." For naking a false stateMent or declaration the person signing the statement shall be guilty of a Mlsneneanor. (l) Any statenent filed pursuant to thls Bectlon shall be confldentlal in character and shall net be subJect to public inspection. I~ shall be the duty of the Director of Finance to preserve and keep the statements so that the contents thereof nay not become ~nown except to the persons charged by law with tDe ad~inistration of this Code. SECTION 4. Section 6209 of the Santa ~'onica Municipal Code 15 anended to read as follows: 7 . ' I . e e SECTION 6209. Auto and Tra~ler Sales. Buying, sellinq or offering for sale new or used autoMobiles, trucks, trailers, house trailers, or campers, includinq narts and repa~rs, the annual l~cense fee shall be $100.00 or $1.25 per each SI,aOO or fraction thereof of gross receipts, whichever is greater. In no event shall any license fee requ1red to be paid pursuant to this Section be in excess of $2,500 for license year - 1983-84, S2,500 for license year lQ84-85, and $5,000 for license year 1985-86 and each l~cense year thereafter. SECTION 5. Section 6212B of the Santa Monica t1unicipal Code is anended to read as follows: SECTION 6212B. Sub or Specialty ~ Contractors and Buildina Trades. Enaaginq in any of the follow1ng listed businesses, the annual license fee shall be S50.00. 1. Awning. 2. Boilers, not water hearting, steaM fitting. 3. Burglar AlarM. 4. Cabinet and Mill work. 5. Ce~ent and concrete. 8 , I , ~ e e 6. Electric signs. Elevator installatlon. 7. 8. Excavating, gradlng, trencrung, pavin9, surfacing. 9. Fire protection engineering. 10. Floodlight service. 11. Flooring. 12. Glazing. 13. Heating and air conditioninq. 14. House and buildinq Movina or wreckinq. 15. Insulation. 16. Landscapinq. 17. Lathing. 18. r1asonry. 19. ~lscellaneous. 20. OrnaMental Metals. 21. Painting and decoratina. 22. Pest control. 23. Plastering only. 24. Refrlgeration. 25 . Roofing. 26 . Screens. 27. Sewer ($l,OOO surety bond). 28. Sheet netal. 29. Signs. 9 . , j . e tit 30. Sprinkling. 31. Steel. 32. ~11e (ceram1c and ~osa1c). 33. Weather str1pp1ng. 34. Helding. 35. Well drillinG. Lathing and plasterlng combined and who hold a state license for both and who uses his or her own employees to do both May be issued one license cover1ng both businesses for the annual license- fee of $50.00. SECTION 6. Section 6212C of the Santa Monica MunlClpal Code 15 anended to read as follows: SECTION 6212C. Subcontractors, contractors. Engagina in any of the fOllowing listed bus1nesses, license fee shall be $50.00. 1. Plumbinq Contractor. 2. Heat1ng Contractor. 3. Electrical Contractor. tl1e annual SECTION 7. Section 6212E of the Santa Monica Municipal Code is anended to read as follows: SECTION 6212E. Gross Receipts in Excess of $50,000. Any person described in Section 6212, 6212B, and 6212C whose aross receipts from work perforMed in the City of 10 ~ . e e Santa Monica exceed $50,000 in addition to the fee here1nabove set forth, shall be required to pay an additional annual license fee of $1.00 per each $1,000 or fraction thereof of gross receipts in excpss of $50,000 and less than or equal to $100,000 and Sl.25 per each $1,000 or fract10n thereof of gross receipts 1n excess of SlOG,OOO. SECTION 8. Section 6219A of the Santa Monica ~un1cipal Code 1S anenden to rean as follows: SECTION 6219A. Commercial Rental. A.ny f i rr'l person, group, assoc1ation, partnership, or corporat1on, whether as the owner or as the agent for the owner, who rents, leases or has available for rent or lease, one or nore cOnMercial building, industrial building, offices or office buildinq, land or vacant lots that ~ay be utilized for comnerical, industrial or off1ce uses, whether at one or Multiple locations, the annual license fee shall be $50.00 plus $1.00 per eac~ $1,000 or fract10n thereof of gross receipts in excess of S50,000 and less t~an or equal to $100,000 and $1.25 per each $1,000 or fraction thereof of gross receipts in excess of SlOO,OOO. SECTION 9. Section ~225 of the Santa Monica Municipal Code 15 anended to read as follows: 11 e e SEC'!'ION 6225. ~erchants-Retail. Manufacturing and selling any goods, wares or nerchandise at retal1 or selllnq any aoods, nerchandise at retail and not speciflcally l~censed by otner wares or otherwise proVls10ns of this Code, or not specifically exenpten fron the payment of l1censes by this Code, the annual license fee shall be S50.00 nininum, plus $.60 per each Sl,OOO or fraction thereof of qross receipts in excess of S50,000 and less than or equal to S250,000 and Sl.25 per each $1,000 or fraction thereof of qross receipts in excess of S250,000. SECTION 10. Section 6226 of the Santa Monlca Municipal Code is aMended to read as follows: SECTION 62 26 . Hanufacturl'O!rs- Wholesalers. Manufacturing and sellinq any ~oods, wares, or rerchandise at wholesale or selling soods, wares, or nerchanolse at wholesale ann not otherwise specifically licensed by other provislons or tpis Code, or not specifically exeMpted frOM the ~aynent of licenses by t~is Code, the annual license fee shall be S50. 00 ninir'lUM, plus S. 50 per each Sl,OOO or fraction thereof of qross receints in excess of S50,000 and less than or equal to $250,000 and Sl.00 per each $1,000 or 12 . . e e fraction tpereof of gross receipts in excess of S250,000. SECTION 11. Section h236 of the Santa !1onica Hunicipal Code is amended to read as follows: SECTION 6236. Professional. Any person, group, association, partnership, firn or corporation engaoed in vocation or callinq, listed a profession, hereinafter or not specifically provided for in any other Sect10n of this Code,_the annual license fee shall re $50.00 plus Sl.OO per each Sl,OOO or fraction thereof of gross receipts in excess of S50,000 and less than or equal to SlOO,OOO and S3.00 per each Sl,OOO or fraction thereof of gross receipts in excess of S100,000. The professions, vocations or callinqs referred to herein include, but are not limited to the following: 1. Accountant. 2. Appraiser. 3 . Architect. 4. Assayer. 5. Attorney-at-law. 6. Auditor. 7. Bacteriologist. A. Bond Broker. 13 . . e e 9. Certifiec. Public Acountant. 10. CheMist. 11. Chiropodist. 12. Ch~ropractor. 13. C1Vl1 Engineer. 14. Cornnerclal Artist. 15. Cornnission ~~ercpant. 16. Credit Report. 17. Decorator (Interior). 18. Dental Technician. 19. Dentist. 20. Designer. 21. Doctor-Medical. 22. DraftsI'1an. 23. Druqless Practitioner. 24. Electrical Engineer. 25. Electrologist. 26. Geologist. 27. Eypnotist or Hypnot~eraplst. 28. Insurance Adjuster. 29. Insurance Broker. 30. Landscape Architect. 31. Manufacturer's Agent. 32. Mechanical Engineer. 33. Mining Enaineer. 34. OCUllst. 14 e It 35. Optician. 36. Optonetrlst. 37. Osteopath. 38. Phys1.cian. 39. Psychiatrist. 40. Publicity Aqent. 41- Real Estate Broker. 42. Stock Broker. 43. Suraeon. 44. Surveyor. 45. Tax Counselor. 46. Veterinary. Whenever a State of Californla license is required to entitle a person to practice a profession, the Director of Finance nay require, before issu1.ng a license pursuant to th1.S Section, unexpired and said applicant California. the applicant tn exhibit an unrevoked license entitl1.ng to practice in the State of SECTION 12. Sect1.on 6240 of the Santa Mon1.ca Municipal Code 1.S anended to read as follows: SECTION 6240. Services. Sell1.ng or providing for pay any service which is not otherwise specifically licensed by otr.er orovlsions of thlS Code, or not specifically exenpted from the pay~ent of licenses by this 15 , . e e Code, the annual license fee shall be S50.00 plus Sl.OO per each Sl,OOO or fraction thereof of gross receipts in excess of $50,000 and less than or equal to $100,000 and $3.00 per each Sl,OOO or fraction thereof of gross receipts in excess of S100,000. The services referred to herein include, followinq: 1. Advert~sing, Relations Agency. but are not limited to, the Public~tv or Pub!ic 2. Alar~. 3. AniMal Care or Leas~ng. 4. Auto Serv~ce Station. S. Auto Wash. 6. Auto Wreckino. A per~it is required prlor to 1icens~ng (see Sectlons 6120 and 6122). 7. Barber Shop, Beauty Parlor, or any other establish~ent engaged in tonsorial arts, Manicurlna, shaMpooing, hair-dressinq, shaving or facial ~assage. 8. Bath Ho~se or Hath Treatnent. A permit is requ2red prior to licensinq (see Sections 6120 and 6122). 9. Bookkeepina. 16 10. 1l. 12. 13. 14. 15. 16. 17. 18. 19. 20. Industrial janitorial, e e Bookina or Theatrical Agent. Brokerage, Stocks and Bonds. Caterer. Check Cas}'lino. Collect~on Agency. Connerclal Artlst. Consultant. Data processing. Employment Bureaus. Gardening and Landscaping. House, Commercial Building, Plant, etc., cleanlng, includinq household furnishings and winrow-w~shi~g serv~ces. 22. 21. Illustrator. Institutions, schools, or oersons engaqed in the bus~ness of prcviolng for pay instruction in such Matters as art, aV1ation, be aut y culture, o:;el f-defense, trac'1e or bus~ness or other accoMplishment. A perMit is reau1red for dance and physical culture instruction prior to licensinq (see Sections 6120 and 6122). This o:;ub-sectlon shall not apply to any gyMnaSiuM conducted in connection with any private club or any public or private school where other courses of instruct~on are given. 17 e e 23. Letter Wr1t1ng or Aodressing Agency. 24. 25. required Lithographer. Masseur or Masseuse. A pernit is prior to licens1ng (see Sections 6120 and 6122). 26 . ~1ort1c1an. 27. Odor Control. 28. Pr1vate Investiqation, Security Aqency. pa trol or 29. 30. Public Stenographic Service. ~enta 1 of Vehicles, ~railers, Appliances, etc. 31. Repair service of any type when not 1n conjunction witl1 a business already licensed. 32. Research Firn. 33. Storage or Warehouse Fac~11t1es. 34. Tailors or DressMakers. 35. Telephone Answering Service. 36. Ticket Agency. 37. Tree Care. 38. Typewriter Repair. SECTION 13. Sectlon 6'40A of the Santa ~onica Municipal Code 1S renealed. SECTIC'N 14. Section 6116B is aoded to the Santa ~on1ca Munic1pal Code to read as follows: 18 It e SEC'!'ION 6ll6B. Gross Recelpts. (a) "Gross receipts," whenever usen in this Article, sDal1 be construed as defined ln thls Section unless fron the context a dlfferent neaning is intended or unless a different neaning 1S specifically def1nen. (b) "Gross receipts" shall mean the gross receipts for the fiscal year conmencing on July I and ending on June 30 of the following year and shall ~ean: (1) The ~otal anount of the sale price of all sales, the total aMount charged or received for the perfornance of any act, service or employnent of whatever nature it May be, whether such service, act or enploYJT1ent 1S done as part of or in connection with the sale of goods, wares, Merchandise or not, for whi ch a charae is Made or credit allowed, 1nclurlina all receipts, cash, credits and property of any k1nd or nature, any anount for which credit 1S allowed by the seller to the purchaser without any deduction therefrom on account of the cost of the property sold, the cost of the Materials used, labor or service costs, interest paid or payable, losses or any other expense whatsoever. 19 I 1 e e (2) The anount of any federal manufacturers' or i~porters' exc1se tax 1ncluded in the pr1ce of property sold, even though the ~anufacturer or inporter is also the retailer thereof and whether or not the anount of such tax 15 stated as a separate charge. (3) In connection with a person leasing or rentina property, all a~ounts paid by a tenant to a lessor for the serV1ces perforned, or materials used, or utilities or facilities furnished by the lessor on the prenises or in connection with the tenant's use, ~ossession, or the r1ght to nossess the property~ any receipts pa1d by a tenant to a lessor for t~e use or possession of land, or the rlght to use or possess land other than that upon wn1cn the build1nq or structure is located but which is used or possessed or is available for use or possession by a tenant for purposes relaten to the tenancy~ and all anounts paid as prepaid rent. (4) Receipts of any person received as commisslons or fees earned, or charges of any character made or compensation of any character rece1ved, for the perfornance of any service bv sald person or 20 . T -- tit any of said person's e~ployees and receipts of any person received as partlal or full co~pensat~on or relmbursenent for salaries, payroll taxes, frlnge benefits and any and all similar exoenses for persons who are employees of said person and receipts of any person received as partial or full cOMpensation or rei~bursenent for equipment, supplies, utilities, or other items or serVlces acquired hv said person in that person's nane and used or consuned in the perfornance of services. (c) "Gross receipts" shall not include: (1 ) The aMount of any federal or with respect to retail i~posed upon the retailer or tax sales ir:tposed on whether upon the conSUMer and regardless of whether or not the aDount of federal tax is stated to custoners as a separate charge. (2) Anv California state, city, or city and county sales or use tax required by law purchase to be price included in or added to the and collected from the consu~er or purchaser. (3) Such part of the sales orlce of any property previously sold and returned 21 . . - e bv the purchaser to the seller wh~ch lS refunded by the seller by way of cash or credit allowances glven or taken as part payment on any property so accepted for resale. as agents recelved as (4) Cash discounts allowed or taken on sales. (5) Rece~pts of persons acting or brokers, other than receipts COMMlssions or fees earneo and other than net interest incoMe earned fron narqin account loans, or cl'larges conpensation of any any character nade or of character received for the perfornance of any service as agent or broker: provlded, however, any agent or hroker dealing in stocks or other s~~ilar written instruernents evidencing a right to participate in the assets of anv husiness, or dealing in hands or other evidences of indebtedness, who also deals in such property as a principal, shall include in gross recelpts the a~ount of trading proflts resulting froro such dealings. (6) Any refundable deposit which 1S returned to the depositor. (7) Gross receints frOM anv activity for WhlCh a business license .....ould 22 , , , . - e not be reauired under th~s Code and which is rece~ved from incident~al activ~t~es of the l~censee. of (8) That portion of the receipts aeneral contractor licensed under a Sections 6212, 6212B. 6212C, or 6212E which represents payments to subcontractors provided such subcontractors are l~censed under the provis~ons of th~s Chapter and that the general contractor furnishes the D~rector of F~nance with the nanes and addresses of the subcontractors and the aMounts paid to each subcontractor. (9) Gross rece~pts attributable to sales within a single bus~ness entity when no net gain results, including affiliated corporations when one has at least an 80% interest in the other, wholly-owned corporations, and nartnerships and partners. (10) Bad debts taken frOM oross receipts reported during a prior tax year in accordance with generally acceptable accounting practices. (11) Anyth~ng wDich the City of Santa Monica nay not lawfully include bv v~rtue of the Constitution of the Un~ted 23 e tit States or the Const~tution of the State of California. (d) tVhen, hy reason of the provisions of the Consti tlltion of the tJni tee'!. States or the the Constitlltion of the State of California, business license fee if.1posed by this without there Article cannot be enforced being an apportionment according to the amount of buslnes 5 done 10 the ci t~7 of Santa Monica, or in the State of California, as the case nav be, apportlonnent rules shall be established as ~ollows: (1) The City Council from tiMe to ~ime spall ~dont by resolution gener~l quiaelines for apportionnent. (2) The Director o~ Finance, with the approval of the C1ty Attorney, ~ay nake such rules and regulations for tDe apportion~ent of the tax as are necessary an~ desirable to overcone the constitutional obJect~ons and which are consistent with the general apportionnent guidelines adopted by resolution of the City Council. The Director of F~nance shall publish such rules and regulat~ons once in a newspaper of general circ111atlon within the City of Santa r-!onica. Wlthln 10 days of the date of publication of 24 e e such rules and regulations, any interested person May f1le a request with the City Clerk that the City Counc11 review the rules and regulations so published. The rules and regulatlons shall be f1nal at the expiration of the period for requesting review in the event no request for review 1S filed, or in the event of the filing of a request for review, when the rules and reaulations ~ave been adopted by the City Council. (3) The apportionnent shall be Made on the basis of payroll value and situs of tang1ble property, general expense, or by reference to any other method of apportionnent as wlll fairly determine the anount of gross receipts derived froM or attributable to engagin9 in business in the City. Gross receipts derlved fron isolated or occasional transactions at places outside the City but wlth1n t~e State of California, where the licensee is not regularly encraged in a course of husiness transactions shall be deeMed gross receipts derived froM enqaqing in business ln the City. Gross receipts derived fron or attributable to sources within the Cltv include ?ross recelpts fron tanglble or intangible property located or 25 . , . ~ - e havlng a situs in the City an~, when not contr~ry to law, qross recelpts fro~ any activities of whether carried on in the C~ty ~eqardless carried on in interstate, intrastate, or foreign COMMerce. SECTION 15. Sectlon 6127 ~s added to the Santa Monica Municlpal Code to read as follows: 6209, 62 25A, SFCTION 6127. 1983-84 Tax Rate Changes. (a) The arnendnents to Sections 6212B, 62l2C, 6212E, 621<lA, 6225, 6226, 6236, 6240, ana 6240A contained Operation of in the ordinance adopting this Section shall be e==ective fer license year connencinq on July 1, 19B3, and endinq on June 30, lQS4, as follows: (l) The annual license fee required by such Sectlons shall be deternined on the basis of the gross reeelpts reported ~n license year 1983-84 in accordance w~tp this Code. (2) The annual license fee required by the predecessor of such Sp.ctions, as effectlve prior to tpe date of of adoption of the ordinance adoptinq th~s Seetlon, shall be deterMined on the basis of gross receipts 26 . . r , e e reported 1n l1cense year 1983-84 in accordance with this Code. ( 3 ) The a~ount deternined in ac cordance wi th Section and subdlV1s~on (a) (1) of this determined 1.n the aJ"'TOun t accordance with subdivision Sect1.on shall be totaled and (a) (2) of this divided by 2. The aMount deternined 1n accordance with this subdivis10n shall be the aMount of the annual license fee for license year 1983-84. (4) If a.person has previously paid to the C1ty an annual license fee for license year 1983-84 which is less than the amount deterrrtined in accordance \'li th subdivisJ.on (a)(3) of th1s Section, the person shall pay March 1, 1984, difference between to the City on or before an a!Tlount equal to the the annual license fee deterMined 1n accordance with subdivision (a)(3) of this Section and SUCD anount previously paid not including any penalties. (5) ~f a person has previously paid to the City an annual license fee for license year 1983-84 which is qreater than the anount deterMined in accordance w1.th subdivis10n (a)(3) of this Section, the City shall refund to t~e nerson on or before March 27 \ . .. e e 1, 1984, an anount eaual to t~e difference between such anount previously paid not the annual includ1.nq license fee any penalt1.es determined in and accordance with subdivision (a) (3) of this Section. (6) For license year 1983-84 only, and fron the effective date of th1.S Section, in 11.eu of the penalties provided for in Sectlons 6109 and 6112 of this Code, a penalty of twenty-f1.ve percent (25%) shall be iMposed on the anoun~ of the annual license fee deter~lned in accordance with subdivis1.on (a)(3) of this Section. No person shall be ent1tled to a refund of any penalties paid prior to the effectlve date of thlS Section. (7) In andltion to the penalty iMposed by subdivislon (a)(6) of t~is Section, a penalty of twenty-five percent (25%) shall ~e inposed on the a~ount of an~ annual llcense fee deternined in accordance with subdivislon (a)(3) of thlS Section renalnlng unpald after March 1, 1984. (8) The Director of Finance shall mail to all persons subJect to an annual license fee pursuant to the Sections set forth in suhdivlsion (a) of this Section, a stateMent settlng forth the deterMination 28 __ t .. -1 .. . . e of the annual license fee for license year 1983-84. (b) The Sectlons described in subdivislon (a) of thlS Section shall be fu 11 Y effective, wlthout reqard to subdivlsion (a) of this Section and without other proration or other reduction, except as required by other provlsions of this Code, for license year 1984-85 and each license year thereafter. 62l2B, 6226 , (c) For those persons subject to the annual llcense fee required by Sectlon~ 6209, 6212C, 6212E, 6219A, 6225, 6225A, 6236, and 6240, the speclal business license fee required by Ordinance ~uMber 702 (CCS) or Ordinance Number 960 (CCS) shall be deternined on the basis of the annual license fee deternlned 1n accordance with subdivision (a}(2) of thls Section. (d) On or before March 1, 1985, the City Manager shall prepare a written report to the City Council describing the operation of the tax rate changes nade bv the anendnents contained in the ordinance arlopting this Section, includina the appropriateness and tax incidence of rates, the revenue produced, an~ recomnenoations 29 . \ . J . . e concernlnq any adjust~ent In the rates. If the revenues generated by the tax rate chanqed nade by the a~end~ents contained in ordinance adoptinq this Sectlon substantially exceed projected revenues fron t~e changes, the City Council shall consider a downward adjustment of the rates. SECTION 16. Section 6225A is added to the Santa Monica Municipal Code to read as follows: SECTION 6225A. Annual License Fee of Regulated Utllitles. thls Code an annual ~fuenever by virtue of 11cense fee 15 requirect to be pald by any utility subiect to Article XIII, Sectlon 19 of the Constitution of tne State of Cal1fornia, the annual license fee, notwithstanding any provision to the contrarv contained in this Code, shall be S50.00 minimuM, plus $.60 per each Sl,onO or fraction thereof of gross receipts in excess of $50,000 and less than or equal to S250,OOO and Sl.25 per each $1,000 or fraction thereof of gross receipts in excess of $250,000. SECTION 17. Any provision of tl1e Santa Monica r'~uniclpal Code or appendlces thereto inconsistent with the provisions of th1S ordinance, to the extent of such lnconsistencles and no further, are hereby repealed or ~odlfiect to that extent necessary to affect the provlsions of thlS ordinance. 30 , .. . I "" . e SECTION 19. If any section, subsection, sentence, clause, or phrase of this ord1nance is for any reason held to 0e 1nvalid or unconst~tutional by a dee1sion of any court of any co~petent jur1sdietl.on, such decision shall ~ot affect the validity of the re~aining portions of the ordinance. The City Council hereby declares that it would have passed th1s ordl.nance and each and every seetl.on, subsection, sentence, clause or phrase not declared invall.G or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconst~tutional. SECTION 20. The Mayor sh~ll siqn and the City Clerk shall attest to the passage of this ordinance. This City Clerk shall cause the same to be publl.shed once in the orficial newspaper with1n 15 days after its adoption. The ordinance shall becone effective after 30 days from its adoption. APPROVED AS TO FORM: ,~ lM.. \0' Robert M. Myers City Attorney ~ - 31 ~ ". ....... ~ e . ADOPTED AND APpqOVED THIS 8th DAY OF :\Iovember , 1 983 . ,)~/~ MA v o'rt PRO - TliMPORE I HEREBY CER7IFY TK~T THE FOREGOI~G ORDINANCE. NO. 1289 (CC5). WAS DULY AND REGULARLY I~T~ODUC~J ~~ ~ MEETING OF THE CITY COUNCIL ON THE 25th DAY OF October 1983; THAT THE SAID OROINANCE WAS rHEREAFTER DULY ADOPTEJ AT A MEETING OF THE CITY COUNCIL ON THE 8th DAY OF \ovember 1983 BY THE FalLOWING COUNCIL VOTE: AYES: COUNCILMEMBERS: Conn, Jennings. Press and Zane NOES: COUNCILMEMBERS: Epstein and Reed ABSENT: COUNCILMEMBERS: Edwards A8STAI~: COUNCILMEMBERS: None ATTEST: ~~~~~ CITY CLE:RK