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SR-8-C (88) CA:RMM:rmd1216/hpca1/pc City Council Meeting 1-22-91 r-(!, 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 I/C....~t''.I1'\ t..l)Q v - '-' 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. f-t - 1 - JHJ'-i ,." ~ ~ ;~:Jl RECOMMENDATION It is respectfully recommended that the accompanying ordinance be introduced for first reading. PREPARED BY: Robert M. Myers, City Attorney - 2 - 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 - 1 - 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. - 2 - 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: ~ ........ "- ROBERT M. MYERS city Attorney Q -- --- - 3 -