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HomeMy WebLinkAboutOrdinance 1596 (Business License Tax Method Change)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1596 entitled: "AN URGENCY ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 10, CHAPTER 10.04 OF THE MUNICIPAL CODE TO CHANGE METHOD OF DETERMINING BUSINESS LICENSE TAX" is a true and correct copy of an Urgency Ordinance of said City and was introduced and adopted at a Regular meeting of the City Council of the City of San Rafael, held on the First day of October, 1990, and published as required by City Charter in the Independent Journal, a newspaper published in the City of San Rafael and passed and adopted as an ordinance of said City at a Regular meeting of the City Council of said City held on the First day of October, 1990, by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 12th day of October, 1990. JEANNE&LEONCI`NI',4tyr`Clerk� ORDINANCE NO. 1596 AN URGENCY ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 10, CHAPTER 10.04 OF THE MUNICIPAL CODE TO CHANGE METHOD OF DETERMINING BUSINESS LICENSE TAX THE COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 10.04 of the San Rafael Municipal Code is hereby amended and shall read in full as follows: Chapter 10.04 BUSINESS LICENSE Sections: 10.04.010 Definitions. 10.04.020 Business licenses -Generally. 10.04.030 Exemptions and exclusions. 10.04.040 Business license fees. 10.04.060 Additional power of the Business License Administrator. 10.04.070 Apportionment of license fees. 10.04.080 Delinquency. 10.04.090 Enforcement. 10.04.100 License fees paid in advance 10.04.105 License taxes. 10.04.110 No license issued to applicant in arrears. 10.04.118 Failure to comply with other City ordinances. 10.04.120 No under or over payment to be received. 10.04.130 Penal provisions. 10.04.140 Remedies cumulative. 10.04.150 Regulatory provisions of other ordinances remain. 10.04.160 Stickers. 10.04.170 Rules and regulations for enforcement. 10.04.180 Suit for recovery of unpaid sums. 10.04.190 Unlawful business. 10.04.200 Purpose of ordinance. 10.04.210 License required. 10.04.010 Definitions. Words and phrases not specifically defined in this chapter shall be construed according to the context and approved usage of the language: A. In this chapter the singular number includes the plural and the plural the singular, and the masculine gender includes the other genders. B. "Business License Administrator" means the City Treasurer or any other City officer charged with the administration of this chapter. 1 0ReriN A I C. City. As used in this chapter, "City" means the City of San Rafael, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form. D. Persons. As used in this chapter, "person" includes all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, Massachusetts, business, or common law trusts, societies, and individuals transacting and carrying on any business in the City, other than as an employee. E. Business. As used in this chapter, "business" includes professions, trades, and occupations and all and every kind of calling, whether or not carried on for profit and livelihood. F. "Engaged in business" means conducting, managing, or carrying on of any business by any person as owner, officer, agent, manager, employee, servant or lessee. G. Evidence of Doing Business. When any person shall by the use of signs, circulars, cards, telephone books or newspapers, advertise or hold out or represent that he is in business in the City, or when any person holds an active license or permit issued by a governmental agency indicating that he is in business in the City or when any person makes a sale, takes an order, renders a commercial service or performs any other similar act within the City, and such person fails to deny by a statement given under penalty of perjury to the Administrator that he is not conducting a business in the City after being requested to do so by the administrator, then these facts shall be considered prima facie evidence that he is conducting a business in the City. H. "Apartment house" means any structure occupied, designed, built or rented for occupation as a home for three or more families living independently of each other in separate apartments each containing facilities for the cooking or preparation of meals. I. "Calendar year" means a period of twelve consecutive calendar months, beginning on the first day of January and ending on the thirty-first day of December. J. "Carnival, outdoor entertainment, outdoor theatrical performance" means any commercialized merrymaking, whether upon a public street or otherwise, wherein there is any performance or any exhibition of any kind or character, or concession or group of concessions, in tests of skill or merry-go-round or ferris wheel; or animals, or clowns, or sideshows of any kind. K. "Circus" means any exhibition in which seats for spectators are arranged in tiers, and in which are shown feats of horsemanship, balancing, tumbling, vaulting, where clowns and singers and acrobats and wild animals and performers and actors entertain the audience. F, L. Employee. As used in this chapter, "employee" means all persons engaged in the operation or conduct of any business for a minimum of twenty hours per week for a period of more than six months during the year, except the owner and any member of the owner's immediate family. M. "Immediate family" means husband, wife, son, daughter, mother, father, brother or sister. N. Number of Employees. The number of employees shall be computed by ascertaining the total number of employees working in the City as reported to the Employment Development Department of the State on the most recent quarterly unemployment tax return filed prior to the payment of the business tax required in this chapter. O. "General contractor" or "subcontractor" means every person, firm or corporation conducting, managing or carrying on the business of contractor, subcontractor or builder; or engaging in the construction or repair of any buildings; or engaged in any engineering, construction, or operating whatever, or advertising as such, or representing himself as such, and regularly employing help for building construction, sewer construction, plumbing construction or general construction. P. "Manufacturing" includes every person conducting or carrying on a business consisting of manufacturing, packing, or processing any goods, wares, merchandise or commodities at a fixed place of business within the City or conducting or carrying on a business of cold storage or refrigeration. Q. "Itinerant show" means any temporary transient show or theatrical performance, such as is usually given in theaters, and which is conducted in any structure or tent hired, leased or erected for such purposes. R. "Part-time" or "temporary employee" means all persons engaged in the operation or conduct of any business for less than twenty hours per week for a period of more than three months during the year, except the owner, a member of the owner's immediate family, or partner, and whether paid by salary or commission. S. "Peddler" or "solicitor" means any person going from place to place or along the streets or doing business at any place other than in a fixed place of business; selling, taking orders for, or soliciting orders for goods, wares or merchandise for present or future delivery. T. "Rodeo" means any exhibition or contest of skill in riding, racing, roping, throwing, or otherwise controlling broken or unbroken horses or cattle for the entertainment of spectators. U. "Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a public street or highway, except devices moved by human power or used exclusively upon stationary rails or tracks. 3 V. "Wholesale business" means a person who sells at wholesale, or solicits orders from retailers, for the wholesale of any goods, wares, or merchandise of any kind, and who makes deliveries in the City. (Ord. 1233 § 2 (part), 1976; Ord. 1170 § 1 (part), 1974: Ord. 963 § 1 (part), 1969: Ord. 440 (part)). W. "Administrative Offices" means a location where the principal business transacted consists of providing administrative or management -related services such as, but not limited to, record keeping, data processing, research, advertising, public relations, personnel administration, legal, and corporate headquarters services to other locations where the operations of the same business are conducted which lead more directly to the production of gross receipts. X. "Professional services" means any professional services, as that term is ordinarily and commonly used and understood, wherein individuals are engaged in the business of offering to the public professional or semiprofessional services for compensation, and not specifically covered under any other part, chapter or section of this chapter, and shall include those professions generally requiring governmental certification or a professional degree, but not be limited to, the services rendered by a person engaged in the practice or profession of law, medicine, surgery, dentistry, ophthalmologist, optometry, chiropractics, osteopathy, chiropody, dental technician, laboratory technician, physical therapist, mortician, undertaker, psychologist, psychotherapy, radiologist, speech therapist, veterinary, licensed financial planner, licensed investment counselor, realtors, real estate agent, real estate broker, stock/bond or security agent or broker, civil, mechanical, electrical, industrial, or other class of engineer, surveyor, geologist, appraiser, architect, accountant, real estate management, property management, income tax preparers, bookkeepers, income tax consultants, developer, or marriage counselors. Y. "Gross receipts" means and includes the total of amounts actually received or receivable from sales within the city and the total amounts actually received or receivable for the performance of any act or service within the City of whatever nature it may be, for which a charge is made or credit allowed, whether or not such act or service is done as a part of or in connection with the sale of materials, goods, wares or merchandise. Included in "gross receipts" shall be all receipts, cash, credits and property of any kind or nature, without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever. Excluded from "gross receipts" shall be the following: 1. Cash discounts allowed and taken on sales; 4 2. Credit allowed on property accepted as part of the purchase price and which property may later be sold; 3. Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser; 4. Such part of the sale price of property returned by purchasers upon rescission of the contract of sale as is refunded either in cash or by credit; 5. Amounts collected for others where the business is acting as an agent or trustee to the extent that such amounts are paid to those for whom collected, provided the agent or trustee has furnished the Administrator with the names and addresses of the others and the amounts paid to them; 6. That portion of the receipts of a general contractor which represents payments to subcontractors, provided the general contractor furnishes the Administrator with the names and addresses of the subcontractors and the amounts paid each subcontractor. All subcontractors shall be required to be licensed under this title; 7. Receipts of refundable deposits, except that refundable deposits forfeited and taken into income of the business shall not be excluded; 8. As to a real estate agent or broker, the sales price of real estate sold for the account of others except that portion which represents commission or other income to the agent or broker; 9. As to a gasoline dealer, a portion of his receipts from the sale of motor vehicle fuels equal to the motor vehicle fuel license tax imposed by and previously paid under the provisions of Part 2 of Division 2 of the Revenue and Taxation Code of the State; 10. As to a retail gasoline dealer, the special motor fuel tax imposed by Section 4041 of Title 26 of the United States Code if paid by the dealer or collected by him from the consumer or purchaser. Z. "Sale" shall include the transfer, in any manner or by any means whatsoever of title to property for a consideration; the serving, supplying, furnishing for a consideration of any property; and a transaction whereby the possession of property is transferred and the seller retains the title as security for the payment of the price shall likewise be deemed a sale. The foregoing definitions shall be deemed to include any transaction which is or which, in effect, results in a sale within the contemplation of law. AA. "Sworn statement" shall mean an affidavit sworn to before a person authorized to take oaths, or a declaration or certification made under penalty of perjury. 10.04.020 Business license - Generally. A. Contents of License. Every person required to have a license under the 5 provisions of this chapter shall make application for same to the City, and upon the payment of the prescribed license fees and compliance with all other applicable City ordinances, the City shall issue to such person a license which shall contain 1. The name of the business to which it is issued; 2. The kind of business licensed; 3. The location of such business; and 4. The date of expiration of such license. B. Affidavit - First License. Upon a person making application for the first license to be issued under or for a newly established business, such person shall furnish to the City a sworn written statement, upon a form provided by the City, setting forth such information as may be required and necessary to determine the amount of the license fee to be paid by the applicant. C. Affidavit - Renewal License. Applicants for renewal of a license shall submit to the City a sworn written statement, upon a form to be provided by the City setting forth such information concerning the applicant's business during the preceding year as may be required to ascertain the amount of license fee to be paid by the applicant for the ensuing year. D. Any change of ownership or change of location shall be reported by written application to the Finance Department at least fifteen days prior to the intended date of change. Any person or business operating after such a change without having first made application to the Finance Department shall be construed to be operating without a valid business license and shall be subject to the same remedies and penal provisions as provided for persons operating without a business license. E. Statements Not Conclusive. No statements shall be conclusive as to the matters set forth therein, nor shall the filing of the same preclude the City from collecting by appropriate action such sum as is actually due and payable hereunder. In the event that the Administrator deems it necessary, he may require that a licensee or applicant for license submit a verification by a certified public accountant attesting to such financial information as may be necessary to ascertain the amount of license fee due, or at the option of the licensee or applicant, may authorize the Administrator, his deputies, or authorized employees of the City to examine his records or business transactions in order that the proper license fee may be computed. F. Information Confidential. It shall be unlawful for the Administrator or any person having an administrative duty under the provisions of this ordinance to make known in any manner whatever the business affairs, operations, or information obtained by an investigation of records and equipment of any person required to obtain a license, or pay a license tax, or any other person visited or examined in the discharge of official duty, or the amount or source of income, profits, losses, expenditures, or any particular thereof, set forth in any statement or application, or to permit any statement or application, or copy of either, or any book containing any abstract or particulars thereof to be seen or examined by any person. Provided that nothing in this section shall be construed to prevent: 1. The disclosure to, or the examination of records and equipment by, another City official, employee, or agent for collection of taxes for the sole purpose of administering or enforcing any provisions of this ordinance, or collecting taxes imposed hereunder; 2. The disclosure of information ta, or the examination of records by, federal or State officials, or the tax officials of another city or county, or city and county, if a reciprocal arrangement exists, or to a grand jury or court of law, upon subpoena; 3. The disclosure of information and results of examination of records of particular taxpayers, or relating to particular taxpayers, to a court of law in a proceeding brought to determine the existence or amount of any license tax liability of the particular taxpayers to the City; 4. The disclosure after the filing of a written request to that effect, to the taxpayer himself, or to his successors, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested, of information as to the items included in the measure of any paid tax, an unpaid tax or amounts of tax required to be collected, interest and penalties; further provided, however, that the City Attorney approves each such disclosure and that the Administrator may refuse to make any disclosure referred to in this paragraph when in his opinion the public interest would suffer thereby; 5. The disclosure of the names and addresses of persons to whom licenses have been issued, and the general type or nature of their business; 6. The disclosure by way of public meeting or otherwise of such information as may be necessary to the City Council in order to permit it to be fully advised as to the facts when a taxpayer files a claim for refund of license taxes, or submits an offer of compromise with regard to a claim asserted against him by the City for license taxes, or when acting upon any other matter; 7. The disclosure of general statistics regarding taxes collected or business done in the City. G. Duplicate Licenses. A duplicate license may be issued by the Business License Administrator to replace any license previously issued hereunder which has been lost or destroyed upon 7 the licensee's giving an affidavit attesting to such fact, and, at the time of filing such affidavit, paying to the City a duplicate license fee of ten dollars. H. Business License Administrator Not Required to Send Bill. The Business License Administrator is not required to send a notice or bill to any person subject to the provisions of this chapter, and failure to send such notice or bill shall not affect the validity of any license fee due hereunder. I. Interstate Commerce. Every peddler or solicitor or any other person claiming to be entitled to exemption from the payment of any license fee on the grounds that such a license fee would interfere with the right to engage in interstate commerce, shall file a sworn statement disclosing the basis for such exemption. A fee of fifteen dollars shall be paid to cover the cost of registration. J. No License Transferable - Amended License for Changed Location. No license issued pursuant to this chapter is transferable; provided that where a license is issued authorizing a person to carry on a business at a particular place, such licensee may, upon application therefore and paying a fee of ten dollars, have the license amended to authorize the carrying on of such business at some other location to which the business is or is to be moved. Change of ownership must be recorded by filing of application and payment of a ten dollar recording fee. K. Posting and Keeping Licenses. All licenses must be kept and posted in the following manner: 1. Any licensee engaged in business at a fixed place of business in the City shall keep the license posted in a conspicuous place upon the premises where such business is carried on. 2. Any licensee engaged in business, but not operating in a fixed place of business in the City, shall keep the license upon his person at all times while engaging in such business in the City. L. Two or More Businesses at Same Location. Whenever separate types of businesses are operated under one ownership at the same location, the business shall be licensed under the main or primary business at that location. Individual fees imposed under other sections of this chapter and employee fees shall be charged for each type of business, in addition to the basic fee, which shall be the larger of any of the basic fees charged for the individual type of business. M. Separate License for Each Place of Business or Branch. A separate license must be obtained for each branch establishment or location of the business engaged in, and each license shall authorize the licensee to engage only in the business licensed thereby, at the location or in the manner designated in such E] license; provided that warehouses and distributing plants used in connection with and incidental to businesses licensed under this chapter are not separate places of businesses or branch establishments. (Ord. 1233 S 2 (part), 1976). 10.04.030 Exemptions and exclusions. A. Exemptions. The following are exempted from the payment of a license fee under this chapter: 1. Any charitable institution, organization, or association organized and conducted for charitable purposes only. This exemption shall not apply to promoters employed by charitable organizations. 2. Any person conducting, carrying on or staging any concert, exhibition, lecture, dance, amusement or entertainment where the receipts, if any, derived therefrom, are to be used solely for charitable or benevolent purposes within the City and not for private gain of any person in whole or in part. 3. Any religious, fraternal, educational, student body, military, state, county or municipal organization or association conducting, carrying on or staging any amusement or entertainment, concert, exhibition, wholly for the benefit of such organization and not in the whole or any part for private gain of any person. B. Exclusions. Except as may be otherwise specifically provided in this chapter, the terms hereof shall not apply to any of the following persons: 1. Any public utility which makes payments to the City under a franchise or similar agreement; 2. Banks, including national banking associations, to the extent that a City may not levy a license tax upon them under the provisions of Article XIII, Section 16, Subdivision 1(a) of the State Constitution; 3. Insurance companies and associations to the extent that a City may not levy a license tax upon them under the provisions of Article XIII, Section 14 4/45 of the State Constitution; 4. Any person whom the City is not authorized to license under any law or Constitution of the United States or the State. C. Claims for Exemptions. Any person desiring to claim exemption from the payment of a license fee and to have a free license issued to him shall make application therefor upon forms prescribed by the Business License Administrator and shall furnish such information and make such affidavits as may be required. Upon the determination being made that the applicant is entitled to exemption from the payment of license fees for any reason set forth in this chapter, the Business License Administrator, upon the applicant complying with the provisions of this chapter or any other ordinance of the City which may require a permit for the 9 doing of the particular act proposed to be done, shall issue a free license to such person which shall show upon its face that the license fee is exempt. D. Revocation of Exemption. The Business License Administrator may revoke any exempt license granted pursuant to the provisions of this chapter upon information that the licensee is not entitled to the exemption as claimed. Any person aggrieved by the decision of the Business License Administrator may appeal to the City Council by filing a notice of appeal with the City Clerk. (Ord. 1170 § 1 (part), 1974: Ord. 963 § 1 (part), 1969: Ord. 852 (part): Ord. 440 (part)) . 10.04.040 Business license fees. The City Council shall adopt by resolution business license fees. (Ord. 1233 § 2 (part) , 1976) . 10.04.060 Additional power of the Business License Administrator. In addition to all other powers conferred upon him, the Business License Administrator shall have the power, for good cause shown, to extend the time for filing any required sworn statement for a period not exceeding thirty days, and in such case, to waive any penalty that would otherwise have accrued; and shall have the further power, with the consent of the City Manager, to compromise any claim as to amount of license fee due. The Business License Administrator shall also have the power to revoke the business license of any person, firm, corporation or business that willfully fails to pay the license fees provided for in this chapter. In the event that any person, firm, corporation or business operates without a business license or after having had same revoked, the same constitutes a misdemeanor within the meaning of this chapter. (Ord. 1170 § 1 (part), 1975: Ord 963 § 1 (part), 1969: Ord. 440 (part)). 10.04.070 How and when payable. A. Unless otherwise specifically provided, all annual license taxes, under the provisions of this title, shall be due and payable in advance on the first day of January of each year; provided, that license taxes covering new operations, commenced after the first day of January, may be prorated for the balance of the license period. 10.04.080 Delinquency. Any person who fails to file any required statement and pay the amount of the license fee prescribed in this chapter within forty-five days after it becomes due, is delinquent and shall be assessed a penalty of ten percent on the amount due which shall become part of the license fee then required to be paid according to the provisions of this chapter. For each additional thirty -day period that the amount remains unpaid, an additional ten percent penalty shall be assessed, the total amount of penalties assessed, however, shall not exceed sixty percent of the total original business license tax amount in any one year. Any person who becomes delinquent under the provisions of this 10 chapter shall be, in addition to the penalties as set forth in this section, subject to all other penal provisions and remedies contained in this chapter. (Ord. 1540 Div. 1, 1987: Ord. 1282 § 1, 1977: Ord 1204 § 2, 1975: Ord. 1170 § 1 (part), 1974: Ord. 963 § 1 (part), 1969: Ord. 440 (part)). 10.04.090 Enforcement. It shall be the duty of the Business License Administrator and he is directed to enforce each and all provisions of this chapter, and the Chief of Police shall render such assistance in the enforcement hereof as may from time to time be required by the Business License Administrator and/or the City Council. The Business License Administrator in the exercise of his duties and acting through his deputies or any duly authorized assistants shall examine or cause to be examined all places of business in the City to ascertain whether the provisions of this chapter have been complied with. The Business License Administrator and all of his assistants and any police officer shall have the authority to enter free of charge and at any reasonable time any place of business required to be licensed herein and demand an exhibition of its license certificate. Any person having such license in his possession or under his control who willfully fails to exhibit the same on demand is guilty of a misdemeanor. It shall be the duty of the Administrator and each of his assistants, to cause a complaint to be filed against any and all persons found to be violating any of said provisions. (Ord. 1170 § 1 (part), 1974: Ord. 963 § 1 (part), 1969: Ord. 440 (part)). 10.04.095 Failure to file statement or corrected statement. If any person fails to file any required statement within the time prescribed or if after demand therefor made by the Administrator he fails to file a corrected statement, or if any person subject to the tax imposed by this title fails to apply for a license, the Administrator may determine the amount of license tax due from such person by means of such information as he may be able to obtain and shall give written notice thereof to such person. 10.04.096 Appeal. Any person aggrieved by any decision of the Administrator with respect to the issuance or refusal to issue such license may appeal to the Council by filing a notice of appeal with the Clerk of the Council within fifteen days after receipt of written notice from the Administrator. The Council shall thereupon fix a time and place for hearing such appeal. The Clerk of the Council shall give notice to such person of the time and of hearing by serving it personally or by depositing it in the Unites States Post Office at San Rafael, California, postage prepaid, addressed to such person at his last known address. The Council shall have authority to determine all questions raised on such appeal. No 11 such determination shall conflict with any substantive provision of this title. 10.04.100 License fees paid in advance. All license fees that are due and payable hereunder shall be due and payable in advance as follows: A. All annual license fees shall be due and payable on the first day of January of each year; B. All semiannual license fees shall be due and payable on the first day of January and the first day of July of each year; C. All quarterly license fees shall be due and payable on the first day of January, April, July and October of each year. D. All monthly license fees shall be due and payable on the first day of each month. E. All weekly license fees shall be due and payable on Monday of each week; F. All daily license fees shall be payable each day in advance; G. All license fees covering new operations of a new business commenced after the due date of the license fee as set forth above, shall be due and payable at the time of issuing the business license therefore. All licenses not obtained, and all license fees not paid within thirty days after due date, shall be considered delinquent. (Ord. 1170 § 1 (part), 1974: Ord. 963 § 1 (part), 1969: Ord. 440 (part)). 10.04.105 License taxes. Unless otherwise provided under this section, every person who engages in business within the City shall pay a license tax based upon gross receipts at the following rates: Schedule A $1- 50,000 $50,001- 100,000 $100,000- 200,000 $200,000- 300,000 $300,000- 500,000 $5001,000-1,000,000 $1,000,000-2,000,000 $2,000,000 Plus Schedule B RETAIL/WHOLESALE/SERVICE $ 60 $ 80 $ 80 Plus .70 cents/$1,000 over $ 100,000 $150 Plus .60 cents/$1,000 over $ 200,000 $210 Plus .50 cents/$1,000 over $ 300,000 $310 Plus .40 cents/$1,000 over $ 500,000 $510 Plus .30 cents/$1,000 over $1,000,000 $810 Plus .20 cents/$1,000 over $2,000,000 PROFESSIONAL/SEMIPROFESSIONAL SERVICES $1- 50,000 $ 80 $50,001- 100,000 $ 120 $100,001- 200,000 $ 180 $200,001- 300,000 $ 270 $300,001- 400,000 $ 352 $400,001- 500,000 $ 428 $500,001- 750,000 $ 540 $750,001-1,000,000 $ 690 $1,000,001-1,500,000 $ 878 12 $1,500,001-2,000,000 $2,000,001-3,000,000 $3,000,001-4,000,000 $4,000,001-5,000,000 $5,000,000 Plus $1,102 $1,365 $1,665 $1,965 $1,965 & .20 cents per ea. $1,000 over $5M FLAT RATE/SPECIFIC BUSINESSES Apartment House $17/Unit or $1.70/$1,000 Gross Receipts, whichever is greater. Arcade $800/Yr. or $5.00/$1,000 Gross Receipts/Machine, whichever is greater. Boarding House/ Rooming House $11.50/Unit or $1.70/$1,000 Gross Receipts, whichever is greater. Bowling Alley/ Billiard Parlor $96.00 & $28.40/Table/Alley or $.80 cents/$1,000 Gross Receipts, whichever is greater. Contractor $96.00 & $12.00 Each Employee or Gross Receipts Schedule A, whichever is greater. Quarterly: $28.00 plus $4.00 Each Employee or Gross Receipts Schedule A, whichever is greater. If Gross Receipts are less than $50,000, Contractor shall only be subject to Fixed Rate & Employee Fee. Motel/Hotel $96.00 & $2.30/Unit or $.15 cents/$1,000 Gross Receipts, whichever is greater. Mobile Home Park $20.50/Year/Pad or $3.00/$1,000 Gross Receipts, whichever is greater. Movie Theater $800.00 Single Screen $1,600.00 Multiscreen or $.80 cents/$1,000 Gross Receipts, whichever is greater. Parking Lot $96.00 & $1.00/Stall or Gross Receipts Schedule A, whichever is greater. Public Card Tables $340.00/Year Seating Four (4) or Less $420.00/Year Seating Over Four (4) Taxicab/Auto for Hire $96.00/Year/Vehicle or Gross Receipts Schedule A, whichever is greater. Yacht Harbor $96.00 & $2.30/Berth or Gross Receipts Schedule A, whichever is greater. Video/Amusement/ Music Machines $28.40/Machine or $5.00/$1,000 Gross Receipts, whichever is greater. 13 Vending Machines (Cigarette, Beverage, etc.) $12/Machine or $5.00/$1,000 Gross Receipts, whichever is greater. Real Estate $96.00 & $28.40/Broker or Agent or Salesperson Plus $12.00/Employee or Gross Receipts Schedule B, whichever is greater. Businesses Located Outside San Rafael Amusement Rides Carnival/Outdoor Performance/Circus Athletic Contest Fire or Wreck Sale Going Out of Business Sale $96.00 & $12.00/Employee Working in San Rafael or Gross Receipts Schedule A, whichever is greater. $10.00/Ride/Day $300.00/Day $96.00/Exhibition $100.00 First Sixty (60) Days $ 25.00 Additional Thirty (30) Days Short Term Special Sale $100.00/Sale Peddler $100.00/Year Film Making Public Property: $300/Day & Direct Costs Private Property: $200/Day & Direct Costs Undertaker or Mortician Gross Receipts Schedule B Garbage or Rubbish Collector Bingo Administrative Offices, Financial Institutions, Manufacturing, or Commercial Activity without gross receipts not specifically listed elsewhere Businesses with gross receipts not specifi- cally listed elsewhere $2,400/Year or $.50 cents/$1,000 Gross Receipts, whichever is greater. $50.00/Year $96.00 Plus $12.00/Employee $96.00 Plus $12.00/Employee or Gross Receipts Schedule A, whichever is greater. 10.04.110 No license issued to applicant in arrears. No license for any ensuing, current or unexpired license period shall be knowingly issued to any person who at the time of making application therefor, is indebted to the City for any unpaid license fee. (Ord. 963 § 1 (part), 1969: Ord. 440). 10.04.118 Failure to comply with other City ordinances. No person, business or firm shall be entitled to a business license, 14 and the Business License Administrator shall not issue a business license to any person, business, or firm unless and until said person, business, or firm shall have complied with all applicable City ordinances. (Ord. 1170 § 1 (part), 1974). 10.04.120 No under or over payment to be received. No person charged with the enforcement of any of the provisions of this chapter, shall knowingly accept or receive any sum for any license which is less than or greater than the amount actually required to be paid under the provisions of this chapter. (Ord. 1170 § 1 (part), 1974: Ord. 963 § 1 (part), 1969: Ord. 440 (part)). 10.04.130 Penal provisions. It is unlawful for any person to violate any provisions or fail to comply with any of the requirements of this chapter. Any person violating any of the provisions, or failing to comply with any of the mandatory requirements of this chapter, is guilty of a misdemeanor, and on conviction thereof, shall be punishable by a fine not exceeding five hundred dollars, or by imprisonment in the county jail of the County of Marin, for not exceeding six months, or by both such fine and imprisonment. Each such person is guilty of separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued, or permitted to exist in violation of any of the provisions of this chapter and shall be punished accordingly. (Ord. 1170 § 1 (part), 1974: Ord. 963 § 1 (part), 1969: Ord. 440 (part)). 10.04.140 Remedies cumulative. The conviction and punishment of any person for engaging in any business without obtaining a license so to do shall not relieve such person from paying the license fee due and unpaid at the time of such conviction, nor shall the payment of any license fee prevent a criminal prosecution for the violation of any of the provisions of this chapter. All remedies prescribed herein shall be cumulative and the use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter. (Ord. 1170 § 1 (part), 1974: Ord. 963 § 1 (part), 1969: Ord. 440 (part))- 10.04.150 part)).10.04.150 Regulatory provisions of other ordinances remain. Any person required to pay a license fee for any business under this chapter shall be relieved from the payment of any license fee for the privilege of doing such business which has been required under any other ordinance of the City but shall remain subject to the regulatory provisions of such other ordinance. (Ord. 1170 § 1 (part), 1974: Ord. 963 § 1 (part), 1969: Ord. 440 (part)). 10.04.160 Stickers. Whenever identifying stickers, tags, plates, or symbols have been issued for a vehicle, device, machine, or other piece of equipment included in the measure of a license tax, the person to whom issued shall keep them firmly affixed upon such equipment at such locations as are designated by the 15 Administrator. Such sticker, tag, plate, or symbol shall not be removed during the period for which it is issued. 10.04.170 Rules and regulations for enforcement. The Business License Administrator is authorized to make such rules and regulations as may be necessary to aid or assist in enforcement of the provisions of this chapter. (Ord. 1170 § 1 (part), 1974: Ord. 963 § 1 (part), 1969: Ord. 440 (part)). 10.04.180 Suit for recovery of unpaid sums. Any sum required to be paid hereunder is a debt to the City, and any person who engaged in any business required to be licensed hereunder without obtaining a license so to do shall be liable to any action by and in the name of the City, in any court of competent jurisdiction, for recovery of such sum. (Ord. 1170 § 1 (part), 1974: Ord. 963 § 1 (part), 1969: Ord. 440 (part)). 10.04.190 Unlawful business. Nothing herein shall be construed as requiring a license or the payment of a license fee, or the doing of any action which would constitute an unlawful burden upon or an unlawful interference with interstate or foreign commerce, or which would be in violation of the Constitution of the United States of America or the Constitution or Laws of the State of California. (Ord. 1170 § 1 (part), 1974: Ord. 963 § 1 (part), 1969: Ord. 440 (part)). 10.04.200 Purpose of ordinance. The ordinance codified in this chapter is enacted solely for the purpose of raising revenue for municipal purposes, and not for the purpose of regulation. All licenses issued hereunder shall be issued only after the prior inspection of the premises so licensed and the approval of the Building Inspector, the Fire Marshal, the Planning Director of the City, and the County Health Officer, and any other City department, as required. (Ord. 1170 § 1 (part) , 1974: Ord. 963 § 1 (part) , 1969: Ord. 440 (part)). 10.04.210 License required. It is unlawful for any person to transact or carry on any business, trade, profession, calling or occupation without first having procured a license from the Business License Administrator so to do, or without complying with any and all of the applicable provisions of this chapter. (Ord. 1170 § 1 (part), 1974: Ord. 963 § 1 (part), 1969: Ord. 440 (part)). SECTION 2. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the 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 adopted the ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsec- tions, sentences, clauses or phrases be declared invalid. 16 SECTION 3. This ordinance is adopted pursuant to Califor- nia Government Code §36937(b) and is hereby declared to be an urgency measure necessary for the immediate preservation of the public health and safety. The City Council finds the facts constituting urgency are as follows: The November 6, 1990 statewide election includes a Constitutional Amendment entitled The Taxpayers Right -to -Vote Act of 1990. This Constitutional Amendment, if enacted, will take affect immediately and will prohibit the City of San Rafael from increasing any tax without a vote of approval by a majority of the voters. This Amendment would prohibit the City from implementing its present annual automatic cost -of -living increase in the business license tax. Such a prohibition would mean a loss to the City of needed revenue in the next fiscal year, with greater cumulative losses in each ensuing year. The cost of supplies, materials and other services required to provide necessary City Services increases substantially each year. It is necessary to change the method of computing the business license tax prior to November 6, 1990 for the City to maintain the revenues to meet the usual and current expenses required to provide the services required by law and necessary for the immediate preservation of the public peace, health and safety of the City. SECTION 4. This ordinance shall take effect immediately upon its adoption. Within fifteen (15) days after adoption, this ordinance shall be published with the names of the members voting for and against the same at least once in a newspaper of general circulation published in the City of San Rafael. WRENCE E. MULRYAN, Mayor Attest: JE" E 1M. LEONCINI I City Clerk I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, certify the foregoing ordinance was passed by the City Council of the City of San Rafael, California, by a vote of four-fifths (4/5ths) of the members thereof, at a regular meeting held on the 1st day of October, 1990, by the following vote, to wit: AYES: COUNCILMEMBERS:Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:None /� . JEANN'I LEONCINI, `City C erk 17