SR-8-C (88)
CA:RMM:rmd1216/hpca1/pc
City Council Meeting 1-22-91
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JAN ~. 9 199;
Santa Monica, California
STAFF REPORT
TO:
Mayor and city Council
FROM:
City Attorney
SUBJECT:
Ordinance Adding section 6015a to the Santa Monica
Municipal Code to Permit the Waiver or Refund
of Business License Fees 1n certain circumstances
At its meeting on December 11, 1990, the City council
directed the City Attorney to prepare an ordinance permitting the
waiver
or refund
of business
license
fees
in
certain
circumstal
~o this direction, the accompanying
ordinance
nd is presented to the City Council
for its cc
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The
nce adds Section 6015a to the Santa
Monica Mur
ide that the city Manager may waive
or refund a business license penalty assessed upon receipt of
proof that the failure to send in the payment in a t1mely manner
was due solely to the operations of the united States Postal
Service. The decision of the city Manager to grant a waiver or
refund is final and no interest is to be paid on any money
refunded pursuant to this Section.
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RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be introduced for first reading.
PREPARED BY: Robert M. Myers, City Attorney
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CA:RMM:rmd1215/hpcal/pc
city Council Meeting 1-22-91
Santa Monica, California
ORDINANCE NUMBER
(city Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING SECTION 6015a TO THE
SANTA MONICA MUNICIPAL CODE TO PERMIT THE WAIVER
OR REFUND OF BUSINESS LICENSE FEES IN
CERTAIN CIRCUMSTANCES
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. section 6015a is added to the Municipal Code to
read as follows:
SECTION 6015a. Waiver or Refund of
Penalty.
(a) No penalty assessed pursuant
to section 6015 shall be waived or
refunded except as provided for in this
Section.
(b) The City Manager or his or her
designee may waive or refund a penalty
assessed pursuant to this Section upon
receiving satisfactory proof that the
licensee mailed the business license
payment prior to September 1 of the year
in which it was due and that the failure
of the payment to be postmarked prior to
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September 1 of the year in which it was
due or delivered was based upon
operational problems caused by the United
States Postal Service.
(c) Satisfactory proof must
include documentation from the united
states Postal Service that operational
problems occurred that caused the
postmark to be delayed or the mail lost.
In addition, the City Manager may require
such other documentation as is necessary
to verify the claim, such as bank,
checking, and other accounting records
that might corroborate the claim that
payment was timely deposited in the mail.
(d) No interest shall be paid on
any money refunded pursuant to this
section.
(e) The decision of the city
Manager shall be final and not subject to
additional hearing or review.
SECTION 2. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this ordinance, to the extent of such inconsistencies and no
further, are hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
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SECTION 3.
If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance.
The city council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance.
The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
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ROBERT M. MYERS
city Attorney
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