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O2158 F:\atty\muni\Jaws\mjm\smallbusinessexempt2d-1.doc City Council Meeting 6-14-05 Santa Monica, California ORDINANCE NUMBER 2158 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 6.04.025 TO THE SANTA MONICA MUNICIPAL CODE RELATING TO BUSINESS LICENSE TAX EXEMPTIONS FOR SMALL BUSINESSES THE CITY COUNCil OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 6.04.025 is hereby added to the Santa Monica Municipal Code to read as follows: Section 6.04.025. Small business exemption. (a) The requirements of this Chapter relating to the payment of business license taxes shall not apply to the operator of any small business if the business operates from a physical location within the City and the tax liability of the business would otherwise be calculated based upon gross receipts. 1 (b) For purposes of this Section, the term "small business" is defined as a business with total taxable and nontaxable annual gross receipts from within and without the City during the preceding calendar year that do not exceed Forty Thousand Dollars ($40,000.00). (c) Any person claiming exemption from the requirement of paying the business license tax under this Section shall be required to obtain a business license and timely file for exemption and subsequent renewals before the delinquency date. The failure to timely file or renew prior to the date the taxes would otherwise have been delinquent pursuant to Section 6.04.160, shall render inapplicable the exemption provided in subsection (b) above and shall subject the person to the tax that would otherwise be payable as well as to any interest and penalty applicable thereto. Persons claiming exemption shall also be required to pay the business license application fee, renewal processing fee, all other applicable City fees, and to obtain all permits required for the operation of the business. (d) Any person claiming exemption under this Section shall submit documentation evidencing the total taxable and nontaxable gross receipts of the applicant in support of its initial exemption registration and the annual exemption 2 renewal. Such documentation shall comply with the requirements established by the Finance Director to ensure the accuracy and validity of the City's determination on the exemption claim. 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, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. 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 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 30 days from its adoption. APPROVED AS TO FORM: 3 Approved and adopted this 14th day of June, 2005. ~ Pam O'Connor, Mayor State of California ) County of Los Angeles) ss. City of Santa Monica ) I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2158 (CCS) had its introduction on May 25, 2005, and was adopted at the Santa Monica City Council meeting held on June 14, 2005, by the following vote: Ayes: Council members: Mayor O'Connor, Mayor Pro Tern Katz, Bloom, Genser, Holbrook, McKeown, Shriver Noes: Council members: None Abstain: . Council members: None Absent: Council members: None - ATTEST' ~..~~~ Maria M. Stewart, City Clerk 4