HomeMy WebLinkAboutORD NO 3765ORDINANCE NO. 8 T 6 5
AN ORDINANCE AMENDING SUBSECTION C
OF SECTION 5.02.050, SUBSECTION A OF
SECTION 5.02.140 AND SUBSECTION B OF
SECTION 5.02.230, AND REPEALING
SECTION 5.02.150 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO BUSINESS
LICENSES.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Subsection C of Section 5.02.050 of the Bakersfield Municipal Code is hereby
amended to read as follows:
5.02.050 Collector - Promulgation of rules and regulations.
C. The collector and each and all of his assistants and any police officer of the
city shall have the power and authority to enter, free of charge, and at any reasonable time,
any place of business required to procure a business tax certificate in this chapter, and
demand an exhibition of said certificate. Any person having such business tax certificate
theretofore issued, in his possession or under his control who fails to exhibit the same on
demand, shall be subject to penalties as set forth in Section 1.40.010 of this Code.
SECTION 2.
Subsection A of Section 5.02.140 of the Bakersfield Municipal Code is hereby
amended to read as follows:
5.02.140 Certificate - Nontransferable.
A. No business tax certificate issued pursuant to this chapter shall be
transferable to another owner or another location; provided, however, that where a
business tax certificate is issued authorizing a person to transact and carry on a business
at a particular place, such business tax certificate holder may have the business tax
certificate amended to authorize the transfer of the business tax certificate to some other
lawfully approved location to which the business is or is to be moved; provided further, that
the transfer, whether by sale or otherwise, to another person under such circumstances
that the real or ultimate ownership after the transfer is substantially similar to the ownership
existing before the transfer, shall not be prohibited by this section.
ORIGINAL
SECTION 3.
Section 5.02.230 of the Bakersfield Municipal Code is hereby amended to read
as follows:
5.02.230 Delinquency -- Penalties.
A. For failure to pay a business tax when due, the collector shall add a
penalty of ten percent of the business tax of the business tax on the first day of each
month after the due date thereof, providing that the amount of such penalty to be added
shall in no event exceed fifty percent of the amount of the business tax due.
B. In the event legal action is brought by the city to enforce collection of any
amount owed to the city, the debtor shall pay all costs of suit incurred by the city or its
assignee, including a reasonable cost allocated for attorney's fees.
C. Any overpayments of business tax may be used to offset delinquencies
and debts owed to the city on other accounts.
SECTION 4.
Section 5.02.150 of the Bakersfield Municipal Code, relating to duplicate
business tax certificates, is hereby repealed.
SECTION 5.
This Ordinance shall be posted in accordance with the Bakersfield Municipal
Code provisions and shall become effective thirty (30) days from and after the date of
its passage.
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I HEREBY CERTIFY that the foregoing Ordinance was pa~sed and adopted by
the Council of the City of Bakersfield at a regular meeting thereof held on MAY "~ ~ 1~
by the following vote:
AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTt, ROWLES, SULLIVAN, SALVAGGIO
NOES: COUNCILMEMBER ~
AB~TNN: COUNCILMEMBER
N~REN[' COUNCILMEMBER '~.~'v~...~ ~
CITY CLERK and Ex Officio I~/rk of the
Council of the City of Bakersfield
APPROVED
By:
MAYOR of the City of Bakersfield
APPROVED astoform:
JUDY K. SKOUSEN
CityAttorney
By: ~
' LAURA C. MARINO
Assistant City Attorney
City of Bakersfield
LCM/bsb
S:~COUNClL~ORD~BUSINESS.TAX
April 11, 1997 (9:3~am)
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA )
) SS.
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 13th day of May, 1997 she posted on the Bulletin Board at City Hall, a full,
true and correct copy of the following: Ordinance No. 3765, passed by the Bakersfield City
Council at a meeting held on the 7th day of May, 1997, and entitled:
Ordinance amending Subsection C of Section
5.02.050, and Subsection A of Section 5.02.140
and Subsection B of Section 5.02.230, and
repealing Section 5.02.150 of the Bakersfield
Municipal Code relating to Business Licenses.
/s/ PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPU-r¥ City Clerk