HomeMy WebLinkAboutORD NO 3642ORDINANCE NO. 8 6 4 2
AN ORDINANCE AMENDING SUBSECTION B OF
SECTION 5.02.060, SECTION 5.02.070,
SUBSECTION A OF SECTION 5.02.200 OF THE
BAKERSFIELD MUNICIPAL CODE AND ADDING
SUBSECTION D TO SECTION 5.02.200 TO THE
BAKERSFIELD MUNICIPAL CODE RELATING TO
THE BUSINESS LICENSE TAX.
BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
Subsection B of Section 5.02.060 of the Bakersfield
Municipal Code is hereby amended to read as follows:
5.02.060 Certificate reauired - Exemptions.
B. Each business tax certificate issued pursuant to
this chapter, shall remain in effect only until June 30 following
the date of issuance.
SECTION 2.
Section 5.02.070 of the Bakersfield Municipal Code is
hereby amended to read as follows:
5.02.070 Unlawful business not authorized.
No business tax certificate issued under the provisions
of this chapter or the payment of any tax required under the
provisions of this chapter shall be construed as authorizing the
conduct or continuance of any illegal business or of any legal
business in an illegal manner, or to conduct within the city the
business for which a business tax certificate has been issued
without complying with all the provisions of the ordinances of the
city or county, and state and federal laws, including, but not
limited to, those requiring a permit from any board, commission,
department or office of the city.
SECTION 3.
Subsection A of Section 5.02.200 of the Bakersfield
Municipal Code is hereby amended to read as follows:
5.02.200 Appeal.
A. Any applicant aggrieved by the following decisions
of the collector concerning his application or certificate, may
OR,G,
appeal to the city council by filing a notice of appeal
city clerk within fifteen days of the date of decision:
with the
1. Denial of exemption from payment of business
taxes;
2. Determination of the amount of business tax
due and penalties thereon, if any;
3. Determination of the classification to which
the applicant's particular business is
assigned;
4. Determination of the amount of refund of
business tax, if any.
SECTION
Subsection E is hereby added to Section 5.02.200 of the
Bakersfield Municipal Code to read as follows:
5.02.200 Appeal.
E. Until such time as the city council renders a
decision on appeal, the decision of the collector shall stand. In
order to conduct the business for which the application was made,
the applicant must make the payments set by the collector, which
payments may be paid "under protest" pending the appeal.
SECTION 5.
This Ordinance shall be posted in accordance with
provisions of the Bakersfield Municipal Code 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 passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on APR 05 %°~ , by the following
vote:
AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTT,. ROWLES, CHOW, SALVAGGIO
ABSTAIN: COUNCILMEMBER ~JOW 0
ABSENT: COUNCILMEMBER k~
ASsistaNtCITY CLERK ~ erk of the
Council of the City of Bakersfield
APPROVED
APR 0 5 1995
/~. DeMOND
Vice-Mayor
APPROVED as to form:
JUDY K. SKOUSEN
CITY ATTORNEY
By: r
-- LAURA C. MARINO
Assistant City Attorney
LCM/mcg
Ord3\Bu~-Tax. Ord
3/3/95
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SSo
County of Kern )
CAROL WILLIAMS, 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 7th day of April, 1995 she
posted on the Bulletin Board at City Hall, a full, true and correct
copy of the following: Ordinance No. 3642, passed by the
Bakersfield City Council at a meeting held on the 5th day of April,
1995, and entitled:
AN ORDINANCE AMENDING SUBSECTION B OF SECTION
5.02.060, SECTION 5.02.070, SUBSECTION A OF
SECTION 5.02.200 OF THE BAKERSFIELD MUNICIPAL
CODE AND ADDING SUBSECTION D TO SECTION
5.02.200 TO THE BAKERSFIELD MUNICIPAL CODE
RELATING TO THE BUSINESS LICENSE TAX
By:
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield
DEP~'TY City ~leri~