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e:~nuns . 7/15/74 Rev. l.
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ORDINANCE NO.
966 (CCS)
(City Council Se~ies)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING S3 OF
ORDINANCE NO. 702 (CCS)~ ESTABLISHING A
LIMIT UPON THE ADDITIONAL BUSINESS LICENSE
TAX PROVIDED FOR THEREIN AND CONFIRMING
ORDINANCE NO. 702 (CCS) IN ALL OTHER
RESPECTS.
WHEREAS, under and pursuant to the provisions of
the parking and business improvement area law of 1965 (Part
5 of Division 18, commencing with S3600a of the Streets &
Highways Cbde, hereinafter sometimes referred to as "said
law") as supplemented by Ordinance No. 699 (CCS), this City
Council on July 23, 1974, adopted Resolution NO. 4537 (CCS)
entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA DECLARING ITS INTENTION TO CHANGE THE RATE OF
THE ADDITIONAL BUSINESS LICENSE TAX ESTABLISHED UNDER
ORDINANCE NO. 702, CITY COUNCIL SERXES, TO ESTABLISH A LIMIT
THEREUPON, AND FIXING TIME AND PLACE OF HEARING TO CONSIDER
SUCH CHANGE;" and,
WHEREAS, said Resolution No. 4537
(CCS)
was duly pUblished, and copies thereof were duly mailed and
posted, all as provided by said law, said Ordinance No. 699
(CCS) and said Resolution No. 4537
(CCS); and,
WHEREAS, as specified in said Resolution No. 4537
(CCS) a hearing concerning the change in the rate in the
additional license tax established by Ordinance No. 702, and
the establishment of a limit upon said rate was held before
the City Council on August 13, 1974, at the hour of 7;30
o'clock p.m., in the Council Chambers in the City Hall of
the City of Santa Monica; and,
WHEREAS, at said hearing all written and oral
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protests made or filed were duly heard, evidence for and
against the proposed action was received, a full, fair and
complete hearing was granted and hald, and this City Council
is fully advised~in the premises; and,
WHEREAS, at said hearing all protests, both written
and oral, made or filed were duly overruled and denied and
this City Council determined that there is no majority protest
within the meaning of S36023 of the Streets & Highways Code
or within the meaning of 55 of Ordinance No. 699 (CCS);
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
SANTA MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1. 53 of Ordinance NO. 702 (CCS) is
hereby amended to read as follows:
S3. That beginning with the fiscal year
1966-67 businesses in the area as established by this ordinance
and as above described shall be subject to the provisions of
the additional tax provided by said law, to wit: that, in
addition to the general business license tax imposed on
businesses within said city, there is hereby imposed upon
businesses located within said area as hereby established, an
additional business license tax, and that said additional
business license tax shall be five times the general business
license tax on businesses within said city and the total
business license tax imposed on businesses within said area
(including both regular and additional tax) shall be six
times the general business license tax imposed on businesses
within said city. Provided however, that in no event, in
any case, shall the additional business license tax imposed
hereunder exceed the additional business license tax imposed
for the f1scal year July I, 1973 to June 30, 1974. In
the case of businesses first established during the fiscal
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year July 1, 1974 to June 30, 1975 and in the case of
businesses upon which no general business license tax was
imposed during the fiscal year July 1, 1973 to June 3D,
1974, no additional business license tax will be imposed
hereunder for the fiscal year July I, 1974 to June 30, 1975,
pursuant to Government Code S36041. Said additional business
license tax shall be based upon the same classifications and
shall be computed, levied, collected and enforced in the
same manner, at the same times, and with the same penalties
and interest, as in the case of the general business license
tax. Said additional business license tax shall be subject
to the credits hereinafter set forth.
SECTION 2. That Ordinance No. 702 (ecs) is
hereby confirmed in all other particulars.
SECTION 3. Any provision of the Santa Monica
Municipal Code, or appendices thereto inconsistent herewith,
to the extent of such inconsistencies and no further, are
hereby repealed or modified to that extent necessary to
effect the provisions of this ordinance.
SECTION 4. 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 the 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 unconstitut1onal
without regard to whether any portion of the ordinance would
be subsequently declared invalid or unconstitutional.
SECTION 5. The Mayor shall sign and the City
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