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HomeMy WebLinkAboutOrdinance No. O-2000-130 0 ORDINANCE NO.0-2000-13 AN ORDINANCE OF THE CITY OF AZUSA, CALIFORNIA, AMENDING SECTIONS 18-17,18-691 AND 18-693 OF THE AZUSA MUNICIPAL CODE CONCERNING A LICENSE TAX BASED ON NUMBER OF EMPLOYEES AND MISCELLANEOUS BUSINESS LICENSES THE PEOPLE OF THE CITY OF AZUSA, CALIFORNIA DO ORDAIN AS FOLLOWS: SECTION 1. Section 18-17, subsection (d) of the Azusa Municipal Code is hereby deleted in its entirety and restated to read as follows: "(d) Gross receipts calculation. Whenever_the license tax is determined or calculated upon a basis of the gross receipts from the conduct of business, the provisions of this subsection shall apply. The license tax for the first year on a new business shall be a flat tax of $90.00 for five employees or less and $150.00 for more than five employees in addition to any gross receipts tax due and payable upon renewal, transfer, or expiration of the business license. Home occupations shall pay a first-year license tax of $50.00 in addition to any gross receipts tax due and payable upon renewal, transfer, or expiration of the business license. Any business for which a previous business license has been issued and which has not been renewed within six months of expiration shall pay a license tax based on a first year license tax. Thereafter, the tax upon every transfer, expiration, and renewal of the business license shall be based on the gross receipts of the business for the immediately preceding year for which the business license was issued. The business license tax is due and payable at the time the first application for a license is filed, upon the application for the transfer of a license, at the time an application is filed for the renewal of the license, or within ten calendar days of the business license expiration, whichever is earlier. Thereafter, each license shall be obtained annually by completing a notice of renewal and submitting the appropriate information and payment of any tax and fees due. Any application for renewal or transfer shall be accompanied by a sworn statement of the amount of gross receipts." SECTION 2. Subsection (1) of Section 18-691 of the Azusa Municipal Code is hereby deleted in its entirety and restated to read as follows: "(1) Group 1: Gross receipts during fiscal year of business between $0.00 -1- 0 0 and $4,999.00 shall pay a tax of $50.00." SECTION 3. Section 18-693 of the Azusa Municipal Code is hereby deleted in its entirety and restated to read as follows: "Sec. 18-693. Contractors. Every person who is engaged in the business of general or building contractor, as licensed by the state as an engineering, general or subcontractor, shall pay a license tax in accordance with section 18-691, provided that tax shall be owing only on gross receipts from work performed within the city. The Gross Receipts Tax provided for in Section 18-691 shall be paid at the same time an application for any construction permit or work of improvement permit is applied for. Where work is performed not requiring a permit, or performed as a subcontractor under permit(s) obtained by another, the Gross Receipts Tax shall be paid upon application, renewal, transfer, or expiration of the business license. For purposes of this section, the Gross Receipts shall be based upon a signed affidavit provided by the Business License Division. Where subsequent evidence reveals that the Gross Receipts are greater than reported, a penalty as set forth in section 18-28 shall be applied to all gross receipts under reported from the date the tax was due." SECTION 4. The City Council may amend Chapter 18 of the Azusa Municipal Code and this Ordinance of the Azusa Municipal Code without a vote of the people to the extent necessary to implement the procedures for collection of the tax. SECTION 5. This Ordinance, being for the enactment and imposition of a general tax, shall be submitted to a vote of the people at the City's general municipal election scheduled for March 6, 2001. This ordinance shall become valid and binding if a majority of the voters voting thereon vote in its favor at said election. If the provisions of Proposition 218 or Government Code Sections 53720 et seq., are duly repealed or amended, or interpreted by the courts so that a vote of the people is not required for enactment of this Ordinance, then this Ordinance shall take effect as provided for all other City ordinances and may be amended in the same manner as all other City ordinances. SECTION 6. If any section, subsection, part, clause, sentence or phrase of this Ordinance, the application thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, the validity of the remaining portions of this Ordinance, the application thereof, and the general taxes imposed shall not be effected thereby but shall remain in full force and effect, it being the intention of the voters to adopt each and every section, subsection, part, clause, sentence phrase regardless of -2- 0 0 whether any other section, subsection, part, clause, sentence or phrase or the application thereof is held to be invalid or unconstitutional. SECTION 7. This Ordinance and the levying of the general taxes described herein shall be effective ten (10) days after the date on which the City Council has declared that the voters of the City of Azusa have approved this Ordinance by a vote of more than 50% of the votes cast by the electors voting on the general tax set forth in this Ordinance. SECTION 8. The City Clerk shall certify the adoption of this Ordinance and shall cause it to be published in the manner required by law. SED, APPROVED AND this 20'h day of March, 2001. Cristina Cruz -Madrid Mayor ATTEST: Candace Toscano Assistant City Clerk -3-