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SR-8-A (199) F:atty\muni\strpts\mjm\taxpen.sr City Council Meeting 6-27-95 8A Santa Monica, California JUN 2 7 1995 TO: Mayor and city Council FROM: city Attorney SUBJECT: Ordinance Amending sections 2 and 3 of Ordinance Number 725 (CCS) Reestablishing A Penalty for Nonpayment of Assessments Due in the Downtown Parking and Business Improvement Area Introduction The Finance Department has requested that Ordinance Number 725 (CCS) be amended to include a penalty provision for businesses which do not pay on time the assessment created by Ordinance Number 725 (CCS). In response to this direction, the accompanying ordinance has been prepared and is presented to the City Council for its consideration. Discussion The Downtown Parking and Business Improvement Area was created by Ordinance Number 725 (CCS) at the request of the Santa Monica Chamber of Commerce on behalf of the downtown merchants. Ordinance Number 725 (CCS) established an assessment to be levied on the businesses within the district, which is used for the general promotion of retail trade activities in the area. The city acts as the collector of the assessment and retains 1% of assessments to offset collection costs. Ninety-nine percent 1 (99%) of the JUN 2 7 1995 8A .. assessment funds go to the Chamber of Commerce which administers them on behalf of the downtown merchants. Currently Ordinance Number 725 (CCS) provides that for failure to pay the assessment on the due dates penalties will be exacted as set forth in Municipal Code Sections 6109 and 6112. since the adoption of this Ordinance on November 22, 1966, the Municipal Code has undergone revision and renumbering. In addition, in a general revision to the City's business license code, sections 6109 and 6112 were repealed by ordinance on May 8, 1990. Therefore, although Ordinance Number 725 (CCS) is still in effect, the penalty provision has been rendered ineffective. According to the Business License Office, 506 businesses pay the assessment created by Ordinance Number 725 (CCS). As of June, 1995, 50 of those businesses were delinquent in paying the assessment due on March 10, 1995. The Business License Office would like to collect these assessments and believes that it would have a better chance of doing so if a penalty was included in Ordinance Number 725 (CCS) for nonpayment. The two other Parking and Business Improvement Areas, Main street and Montana Avenue, have the penalty incorporated into the ordinances which establish them. Penalties are charged as prescribed by each of those ordinances. 2 The accompanying ordinance amends section 2 of Ordinance Number 725 (CCS) by addinq a sentence which creates a penalty for nonpayment (15% of the amount of the assessment plus an additional 5% for each month or portion of a month thereafter that the assessment is not paid). The ordinance also amends Sections 2 and 3 to reflect that Ordinance Number 725 (CCS) created an assessment, not an additional business license tax. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be introduced for first reading. PREPARED BY: Marsha Jones Moutrie, City Attorney Claudia Thompson, Legal Admin. Staff Asst. 3 F:atty\muni\laws\mjm\taxpen city Council Meeting 6-27-95 Santa Monica, California ORDINANCE NUMBER (city Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTIONS 2 AND 3 OF ORDINANCE NUMBER 725 (CCS) 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 (CCS) is hereby amended to read as follows: SECTION 2 . That in addi tion to the general business license tax (sometimes called busl'ness ll'cense fee) an _..::I..3~.~___' 1..n~~__~~ '""-11.4""''''' _..._....._... ___.................._ li.::::::~=::: ~::.:: ~~aa..:..:n("'r&t is hereby imposed upon merchants holding a retails sales tax permit and occupying premises in the area. The _....:J...-::I.::~..:___, ,..:_____ ._.. -.-............. _...._.....~.&. ...........-...-- --- ~~~u5~~cnL 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 $1,000. Said -...-:11....:1..:.......:---, ,.:____-. -................ ,......-................ ..........__.....~..... tal! _.II.-c"n~.--.,."I' + w ..;.:11....,,;,:1 ...._. shall be payable March 10 and 1 October 10 of each year and shall be computed on the taxable sales occurring during the six month periods, January 1 through June 30 and July 1 through December 31, preceding the payment dates of March 10 and October 10 respectively. ",-- ... ""'... -.c_..: ,.....__ ..'""'........--- - ....- -- 1:' -.z -_.:~ --...- _.:J...;:J.:......:___, .....................-.....-................ ,.:_---- ..........--............- ...._,. --~ ....'-- ""'......- ..311._ ~-~ dateD ..........._____.c ____,.........: __ _....._...., 1-_ _..__....._~ ____ 'I!o--............... ............~ .1:'''''''....'''"''-... .......-- -....-......- -...-- --- .c__~~ ~_ ~__~~___ ~~nn __~ ~~1~ _c .M_ ~____ ....-... _...". .......... ..,......."'-""...............- ---- -..- ---...- -... -.....- --.....-- ....--.: -- ........"".......a.........f,.4, ~~~i~i;~l f"Il"'torl.... ---- . "L':~e (f"'n'11ty [t~r ncq: ti':"'u:'nt of tht' .1~i~~('~~:i .l(~I':r.. on t:-.(; C";.l.(' 1,.,'LC fitul1 ut.. ti!tr-(",i"1 }'JI.::n;..mt \l:.i, cr 'tt:L: .;-.)',nt or tl:c .HLI n::."':: a .nt I' llu; an ....Jd 1 t i 01..' 1 t: o/c" pct"cc..nt (~Jt J 01 tl':c u.r.cuil~ c...l tl1C .t,j.:.::C'.:H.~.-'..nt. [CC oach month or p:>rt i en thcl"("IC f tho]!; t~~c cu;~;c.c..i!~..mt id: unt,..ll i ;.:ft!?r ~hC' duc: datr.!'", 1r1 < no Cdca sh~11 the totrll pcn~lty ~xc(rJ LlTt~ pc::c..::cnt (~::t) vt tt:c ori~.:Jlnc.il ~':'o...n~ duoJ. SECTION 2. section 3 of Ordinance Number 725 (ees) is hereby amended to read as follows: SECTION 3, That the use to which the proceeds of the _...1...::1..:.....~___, '-.._.:_____ _____..L........L."""....._... ___..........___ , .: .........---- ..........-....................... ~=.:: ;M:.ofo~[:r"ont, less one percent (1%) thereof as the cost of collection, shall be put is the payment of contract fees to the Santa Monica 2 Chamber of Commerce for general promotion of retail trade activities in the area as prescribed by contract between the City and said Chamber of Commerce. SECTION 4. 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, 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 3 within 15 days after its adoption. effective 30 days from its adoption. APPROVED AS TO FORM: !l~<t~~~ MARSHA JO~~~MOUTRIE . city Attorney 4 This Ordinance shall become