Loading...
HomeMy WebLinkAboutORD NO 3371ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5.02 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO BUSINESS LICENSE TAX. field as SECTION 1. Chapter 5.02 of the Bakersfield Municipal Code hereby amended to read as follows: BE IT ORDAINED by the Council of the City of Bakers- follows: is Sections: 5.02.010 5.02.020 5.02.030 5.02.040 5.02.050 5.02.060 5.02.070 5.02.080 5.02.090 5.02 100 5.02 110 5.02 120 5.02 130 5.02 140 5.02 150 5.02 160 5.02 170 5.02 180 5.02.190 5.02.200 5.02.210 5.02.220 5.02.230 5.02.240 5.02.250 5.02.260 5.02.270 5.02.280 5.02.290 5.02.300 5.02.310 Chapter 5.02 Definitions. Revenue measure. Effect of payment on other taxes, fees and regulations. Collector - Promulgation of rules and regulations. Collector - Enforcement duties. Certificate required - Exemptions. Unlawful business not authorized - Revocation. Branch establishments. Evidence of doing business. Constitutional apportionment. Certificate - Contents. Certificate - Initial application. Certificate - Renewal. Certificate - Nontransferable. Duplicate certificate - Fee. Certificate - Posting and keeping. Statements and records. Information confidential - Types of disclosures permitted. Failure to file statement. Appeal. Extension of time. Manner and schedule of payments. Delinquency - Penalties. Gross receipts. Classification - Review. Flat rate. Refunds of overpayment. Refunds of unused business tax certificate. Business tax constitutes debt. Outside businesses. Effect of adoption on unexpired certificate. 5.02.010 Definitions. A. "Business" includes professions, trades, and occupations and all and every kind of calling whether or not carried on for profit. B. "Business tax certificate" means the same as business license and shall be that document issued as evidence of payment of business taxes provided by this chapter. C. "Collector" means the city's finance director or other city officer charged with the administration of this chapter. D. "Gross receipts" includes the total of amounts actually received or receivable from sales and the total amounts actually received or receivable for the performance of any act or service, 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; 2. Credit allowed on property accepted as part of the purchase price and which property may later be sold; Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser; 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; 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 can furnish the collector with names and addresses of the others and the amounts paid to them; Receipts of refundable deposits, except that refundable deposits forfeited and taken into income of the business shall not be excluded; - 2 - As to a real estate agent or broker or a stock or bond broker, the sales price of real estate or stocks or bonds sold for the account of others except that portion which represents commission or other income to the agent or broker; As to a prime contractor or subcontractor to which Section 7108.5 of the California Business and Professions Code applies, the amounts received on account of the work performed by subcontractors, to the extent of each subcontractor's interest therein; As to a retail 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 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; 11. As to alcoholic beverages, that portion of the receipts of a manufacturer, transporter, retailer or wholesale distributor generated or otherwise collected from the manufacturer, transport, retail or wholesale of intoxicating liquors within the state pursuant to Article XX, Section 22 of the State Constitution. E. "Persons" 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. F. "Renewal business tax certificate" means any business tax certificate effective on July 1 of any year in which a valid business tax certificate for the same business has been in effect. G. "Sale" includes the transfer, in any manner or by any means whatsoever, of title to property for a consideration; the serving supplying or 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 in this subsection shall not be deemed to exclude any transaction which is or which, in effect, results in a sale within the contemplation of law. - 3 - H. "Savings and loan association" means any institution incorporated to conduct or conducting, the business of receiving and lending money in accordance with Division 2, Part i of the Financial Code of the state or Federal Savings and Loan Associations. I. "Sworn statement" means an affidavit sworn before a person authorized to take oaths, or a declaration or certification made under penalty of perjury. 5.02.020 Revenue measure. This chapter is enacted solely to raise revenue for municipal purposes, and is not intended for regulation. 5.02.030 Effect of payment on other taxes, fees and regulations. Persons required to pay a business tax for transacting and conducting any business under this chapter shall not be relieved from the payment of any other applicable tax or fee required under any other division of the municipal code of the city, and shall remain subject to the regulatory provisions of other ordinances. 5.02.040 Collector - Promulgation of rules and regulations. A. The collector may promulgate rules and regulations consistent with the provisions of this chapter as may be necessary or desirable to aid in the interpretation and enforcement of the provisions of this chapter. B. The collector is specifically authorized to promulgate rules and regulations governing the rate of the business license tax on gross receipts attributable to selling activities in the city where various extraterritorial events contribute to such gross receipts. 5.02.050 Collector - Enforcement duties. A. It shall be the duty of the collector to enforce each and all of the provisions of this chapter. The chief of police shall render such assistance in the enforcement of this chapter as may from time to time be required by the collector or the city council. B. The collector in the exercise of the duties imposed upon him under this chapter, and acting through his deputies or 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. 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 fa%ls to exhibit the same on demand, shall be guilty of a misdemeanor and subject to the penalties provided for by the provisions of this chapter. 5.02.060 Certificate required - Exemptions. A. It is unlawful for any person to transact and carry on any business in the city without first having procured a business tax certificate from the city to do so and paying the tax prescribed in this chapter or without complying with any and all applicable provisions of this chapter. B. Each business tax certificate issued pursuant to this chapter, shall remain in effect only until June 30 following the date of issuance, unless earlier suspended or revoked. C. Nothing in this chapter shall be deemed or construed to apply to any person transacting and carrying on any business exempt by virtue of the Constitution or applicable statutes of the United States or of the state from the payment of such taxes as are prescribed in this chapter. D. Any person claiming an exemption pursuant to this section shall file a sworn statement with the collector stating the facts upon which exemption is claimed, and in the absence of such statement substantiating the claim, such person shall be liable for the payment of the taxes imposed by this chapter. E. The collector shall, upon a proper showing contained in the sworn statement, issue a business tax certificate to such person claiming exemption under this section without payment to the city of the business tax required by this chapter. Such certificate shall show on its face that it is issued to an exempt holder pursuant to this section. Any such exemption shall be approved by the city attorney. - 5 - F. The collector, after giving notice and a reasonable opportunity for hearing to a business tax certificate holder, may revoke any business tax certificate granted pursuant to the provisions of this section upon proof that the exempt holder of business tax certificate is not entitled to the exemption as provided in this section. G. Nothing in this chapter shall be deemed or construed to impose a business tax on any holder of any franchise from the city where the holder of the franchise pays to the city by virtue of an obligation imposed by the franchise. 5.02.070 Unlawful business not authorized - Revocation. A. 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. B. The collector shall not issue any business tax certificate, other than a renewal business tax certificate issued pursuant to Section 5.02.130, to any fixed place of business within the city until such time as it is shown that the business has met the requirements of the zoning, building, fire, health and permit codes of the city. For the purpose of providing the requisite evidence of such compliance, the collector will provide the forms for approval of the appropriate department. C. A failure to comply with the provisions of this section shall constitute grounds for denial, suspension or revocation of the business tax certificate. 5.02.080 Branch establishments. A separate business tax certificate must be obtained for each branch establishment or location of the business transacted and carried on and for each separate type of business at the same location, and each business tax certificate shall authorize the holder to transact and carry on only the business described thereby at the location or in the manner designated in such business tax certificate; provided, that warehouses used in connection with or incidental to a business taxed under the provisions of this chapter shall not be deemed to be separate places of business or branch establishment; provided further, - 6 that any person conducting two or more types of businesses at the same location and under the same management, or at different locations, but which businesses use a single set or integrated set of books and records, may, at the option of the applicant, pay only one tax calculated on all gross receipts of the businesses under the schedule that applies to the type of business of such person which requires the highest percentage payment on such gross receipts, except that a license fee of fifteen dollars for each additional branch or location shall be paid upon issuance. 5.02.090 Evidence of doing business· When any person by use of signs, circulars, cards, telephone book, or newspapers, advertises, holds out or by any other means represents 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, and such person fails to deny by a statement sworn under penalty of perjury given to the collector that he is not conducting a business in the city, after being requested to do so by the collector, then these facts shall be considered prima facie evidence that he is conducting a business in the city. 5.02.100 Constitutional apportionment. None of the business taxes provided for by this chapter shall be so applied as to occasion an undue burden upon interstate commerce or be violative of the equal protection and due process clauses of the Constitution of the United States and the state. 5.02.110 Certificate - Contents. A. Every person required to have a business tax certificate under the provisions of this chapter shall make application as prescribed in Section 5.02.120 for the same to the collector of the city, and upon the payment of the prescribed business tax, subject to the provisions of Section 5.02.070, the collector shall issue to such person a business tax certificate which shall contain the following information: The name of the person to whom the business tax certificate is issued; 2. The business taxed; The place where such business is to be transacted and carried on; - 7 - 4. The date of the expiration of such business tax certificate; and Such other information as may be necessary for the enforcement of the provisions of this chapter. B. Whenever the business tax imposed under the provisions of this chapter is measured by the number of vehicles, devices, machines, or other pieces of equipment used, or whenever the business tax is measured by the gross receipts from the operation of such items, the collector shall issue only one business tax certificate; provided, that he may issue for each tax period for which the business tax has been paid one identification sticker, tag, plate, or symbol for each item included in the measure of the tax or used in a business where the tax is measured by the gross receipts from such items. 5.02.120 Certificate - Initial application. A. Upon a person making application for the first business tax certificate to be issued under this chapter or for a newly established business, such person shall furnish to the collector a statement sworn under penalty of perjury, upon a form provided by the collector, setting forth the following information: The exact nature or kind of business for which a business tax certificate is requested; The place where such business is to be carried on, and if the same is not to be carried on at any permanent place of business, the places of residences of the owners of same; In the event that application is made for the issuance of a business tax certificate to a corporation or partnership, the application shall set forth the names and places of residences of the officers or partners thereof; In the event that application is made for the issuance of a business tax certificate to a person doing business under a fictitious name, the application shall set forth the names and places of residences of those owning the business; - 8 - In all cases where the amount of business tax to be paid is measured by gross receipts, the application shall set forth such information as may be therein required and as may be necessary to determine the amount of the business tax to be paid by the applicant; Any further relevant information which the collector may require to enable him to issue the type of business tax certificate applied for. B. If the amount of the business tax to be paid by the applicant is measured by gross receipts, he shall estimate the gross receipts for the period to be covered by the business tax certificate issued. Such estimate, if accepted by the collector as reasonable, shall be used in determining the amount of business tax to be paid by the applicant. C. The collector shall not issue to any such person another business tax certificate for the same or any other business, until such person has furnished to him the sworn statement and paid the business tax as required in this chapter. 5.02.130 Certificate - Renewal. In all cases, the applicant for the renewal of a business tax certificate shall submit to the collector a statement sworn under penalty of perjury, upon a form to be provided by the collector, setting forth such information concerning the applicant's business during the preceding year as may be required by the collector to enable him to ascertain the amount of the business tax to be paid by the applicant pursuant to the provisions of this chapter. 5.02.140 Certificate - Nontransferable. A. No business tax certificate issued pursuant to this chapter shall be transferrable to another owner or another location; provided, 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, upon application therefor and paying a fee of fifteen dollars ($15.00), 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 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. - 9 - B. For the purpose of this section stockholders, bondholders, or other entity defined to be a person in subsection E of Section 5.02.010 are regarded as having the real or ultimate ownership of such corporation or other entity. 5.02.150 Duplicate certificate - Fee. A duplicate business tax certificate may be issued by the collector to replace any business tax certificate previously issued under this chapter which has been lost or destroyed upon the business tax certificate holder filing a statement of such fact, and at the time of filing such statement paying the collector a duplicate fee of five dollars. 5.02.160 Certificate - Posting and keeping. A. Any business tax certificate holder transacting and conducting business at a fixed place of business in the city shall keep the business tax certificate posted in a conspicuous place upon the premises where such business is conducted. B. Any business tax certificate holder transacting and conducting business, but not operating at a fixed place of business in the city, shall keep the business tax certificate upon his person at all times while transacting and conducting the business for which it is issued. C. Whenever identifying stickers, tags, plates or symbols have been issued for each vehicle, device, machine, or other piece of equipment included in the measure of a business tax, the person to whom such stickers, tags, plates, or s~a~bols have been issued shall keep firmly affixed upon each vehicle, device, machine, or piece of equipment the identifying sticker, tag, plate or symbol which has been issued therefor at such locations as are designated by the collector. Such sticker, tag, plate or symbol shall not be removed from any vehicle, device, machine or piece of equipment kept in use during the period for which the sticker, tag, plate or symbol is issued. D. No person shall fail to affix as required in this chapter any identifying sticker, tag, plate, or symbol to the vehicle, device, machine, or piece of equipment, for which it has been issued at the location designated by the collector, or give away, sell or transfer such identifying sticker, tag, plate, or symbol to another person, or to permit its use by another person. - 10 5.02.170 Statements and records. A. No statement submitted pursuant to ~5.02.120 or 5.02.130 shall be conclusive as to the matters set forth therein, nor shall the filing of the same preclude the city from collection by appropriate action such sum as is actually due and payable under this chapter. Such statement and each of the several items therein contained shall be subject to audit and verification by the collector, his deputies, or authorized employees of the city, who are hereby authorized to examine, audit, and inspect such books and records of any business tax certificate holder or applicant for license, as may be necessary in their judgment to verify or ascertain the amount of license fee due. B. All persons subject to the provisions of this chapter shall keep complete records of business transactions, including sales, receipts, purchases, and other expenditures, and shall retain all such records for examination by the collector. Such records shall be maintained for a period of at least three years. No person required to keep records under this section shall refuse to allow authorized representatives of the collector to examine said records at reasonable times and places. 5.02.180 Information confidential - Tl~es of disclosures permitted. It is unlawful for the collector or any person having an administrative duty under the provisions of this chapter to make known in any manner whatever information pertaining to the business affairs, operations, or other information obtained by an investigation of records and equipment of any person required to obtain a business tax certificate, or pay a business 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 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: A. That 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 chapter, or collecting taxes imposed under this chapter. - 11 B. The disclosure of information to, 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. C. The disclosure of information and results of examination of records of 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. D. 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, any unpaid tax or amounts of tax required to be collected, interest and penalties; provided further, however, that the city attorney approves each such disclosure and that the collector may refuse to make any disclosure referred to in this subsection when in his opinion the public interest would suffer thereby. E. The disclosure of the names and addresses of persons to whom business tax certificates have been issued, the general type or nature of their business. and F. The disclosure by way of public meeting or otherwise of such information as may be necessary to the collector in order to permit it to be fully advised as to the facts when a taxpayer files a claim for refund of business taxes, or submits an offer of compromise with regard to a claim asserted against him by the city for business taxes, or when acting upon any other matter. G. The disclosure of general statistics regarding taxes collected or business done in the city. H. The disclosure of information and examination of records of any business tax certificate holder who is a litigant in any lawsuit involving the city and such information is relevant to the issues in such lawsuit. 5.02.190 Failure to file statement. A. If any person fails to file any required statement within the time prescribed, or if after demand therefore made by the collector he fails to file a corrected statement, or if any person subject to the tax imposed by this chapter fails to apply for a business tax certificate, the collector may determine the - 12 - amount of business tax due from such person by means of such information as he may be able to obtain. B. If the collector is not satisfied with the information supplied in statements or applications filed, he may determine the amount of any business tax due by means of any relevant information he may be able to obtain. 5.02.200 Appeal. A. Any applicant aggrieved by the following decisions of the collector concerning his application or certificate, may appeal to the city council by filing a notice of appeal with the city clerk within fifteen days of the date of decision: 1. Refusal to issue a business tax certificate; Suspension or revocation of a business tax certificate; Denial of exemption from payment of business taxes; Determination of the amount of business tax due and penalties thereon, if any; Determination of the classification to which the applicant's particular business is assigned; Determination of the amount of refund of business tax, if any. B. The city clerk shall thereupon fix a time for hearing such appeal, not to exceed sixty days from the date of filing of the appeal. C. The city clerk shall give notice to the applicant of the time and place of hearing by serving it personally or by depositing it in the United States Post Office at Bakersfield, California, postage prepaid, addressed to such person at his last known address. D. The city council shall have authority to determine all questions raised on such appeal; provided, however, that no such determination shall conflict with any substantive provision of this chapter. - 13 - 5.02.210 Extension of time. In addition to all other power conferred upon him, the collector shall have the power, for good cause shown, to extend the time for filing any required sworn statement or application for a period not exceeding thirty days, and in such case to waive any penalty that would otherwise have accrued. 5.02.220 Manner and schedule of payments. A. Unless otherwise specifically provided, all annual business taxes, under the provisions of this chapter shall be due and payable in advance on the first day of July of each year; provided, that business taxes covering new operations, commenced after the first day of July, may be prorated for the balance of the business period. B. Annual business taxes for new operations commenced other than on July 1 of any year shall be prorated as follows: one-twelfth of the appropriate annual rate, as set forth in Section 5.02.240 or 5.02.260, for any full month or portion thereof, remaining in the city's fiscal year. In all cases, the minimum business tax paid shall be $25.00. 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 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. No business tax certificate or sticker, tag, plate, or symbol shall be issued or renewed, nor one which has been suspended or revoked shall be reinstated or reissued, to any person who at the time of applying therefor, is indebted to the city for any delinquent business taxes, or other debts unless such person, pays such delinquent taxes, debts and penalties. C. 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. D. Any overpayments of business tax may be used to offset delinquencies and debts owed to the city on other accounts. - 14 - 5.02.240 Gross receipts. A. Rates for each classification. Every person who engages in business at a fixed place of business within the city shall pay an annual business tax based upon gross receipts at the rates to be calculated to the nearest dollar as set forth below for the following classifications: RATES Classification A - $0.65 per $1,000 of gross receipts or fractional part thereof; minimum tax: $25.00. Classification B - $0.30 per $1,000 of gross receipts from $1.00 to $1,000,000; $0.15 per $1,000 of gross receipts from $1,000,001 to $10,000,000; $0.05 per $1,000 of gross receipts from $10,000,001 to $100,000,000; $0.01 per $1,000 of gross receipts of $100,000,001 or more; and Minimum tax: $25.00. B. Classifications. I. Classification A shall include: Class No. 1. Appraiser; 2. Architect; 3. Attorney at Law; 4. Auditor or Accountant; 5. Assayer; 6. Bacteriologist; 7. Chemist or chemical laboratory; 8. Chiropractor; 9. Collection agency; 10. Dental laboratory; 11. Dentist; 12. Engineer; 13. Geologist; 14. Insurance adjuster; 15. Medical laboratory; 16. Optician; 17. Optometrist; 18. Osteopath; 19. Physician; 15 - 20. Podiatrist; 21. Real estate agency or agent; 22. Surveyor; 23. Veterinarian; 24. All other professions not specifically set forth in this subdivision. II. Classification B. shall include all other types of businesses, except those subject to flat rates enumerated in Section 5.02.260. 5.02.250 Business tax - Classification - Review. A. In any case where a business tax certificate holder or an applicant for a business tax certificate believes that his individual business is not assigned to the proper classification under this section because of circumstances peculiar to it, as distinguished from other businesses of the same kind, he may apply in writing to the collector for reclassification. Such application shall contain such relevant information as the collector may deem necessary in order to determine whether the applicant's individual business is properly classified. B. The collector shall then conduct an investigation following which he shall assign the applicant's individual business to the classification shown to be proper on the basis of such investigation. C. The proper classification is the classification which, in the opinion of the collector, most nearly fits the applicant's individual business. D. The reclassification shall not be retroactive, but shall apply at the time of the next regularly ensuing calculation of the applicant's tax. E. No business shall be classified more than once in one year. F. The collector shall notify the applicant of the action taken on the application for reclassification. Such notice shall be given by serving it personally or by depositing it in the United State Post Office at Bakersfield, California, postage prepaid, addressed to the applicant at his last known address. - 16 - 5.02.260 Flat rate. Every person transacting and carrying on the businesses enumerated in this section shall pay a business tax as follows: FLAT P~TE Class No. Annually 701. Producing oilwells, per well. $25.00 702. Cardroom. $100.00 703. Public dancehall. $25.00 704. Hotels, motels, lodginghouses, per room. $ 1.00 705. Savings and loan association, each location. $25.00 706. Administrative office and/or other similar quarters of business not subject under this chapter to a business license tax by the city other than for oil wells, storage and warehousing space, each 100 square feet or portion thereof of usable floor space within the city ($25.00 minimum) $ 1.00 707. Storage and warehousing by businesses, not subject under this chapter to a business license tax by the city other than for oil wells and administrative office quarters, each 100 square feet or portion thereof of floor space or open yard storage space within the city ($25.00 minimum). Indoor floor space. Open yard storage space. $ .50 $ .10 708. Arts and Crafts Fair or similar activities which more than four vendors not exceeding five calendar days in duration. Five to ten vendors - $25.00; Eleven to twenty-five vendors - $50.00; Twenty-six to fifty vendors - $75.00; Over fifty vendors $100.00. in 17 - 5.02.270 Refunds of overpayment. A. No refund of an overpayment of taxes imposed by this chapter shall be required in whole or in part unless a written claim for refund is filed with the collector within a period of one year from the date the overpayment was made. B. When he determines that an overpayment has been made, amount overpaid. from evidence presented to him the collector may refund the 5.02.280 Refunds of unused business tax certificate. A. Where a certificate holder has ceased doing business, a refund of an unused period of a business tax certificate may be granted upon the filing of a written request to the collector; provided, that any refund shall be made on only unused full calendar quarters and shall not be made for any calendar quarter in which the business covered thereunder was conducted for any period of time; provided further, that no minimum tax payment shall be refunded. B. When the collector determines that the business which is the subject matter of the business tax certificate has terminated, the collector may refund a pro rata amount of the business tax certificate tax equal to the remaining calendaring quarters of the business tax paid but still unused. 5.02.290 Business tax constitutes debt. A. The amount of any business tax and penalty imposed by the provisions of this chapter shall be deemed a debt to the city. B. An action may be commenced in the name of the city in any court of competent jurisdiction, for the amount of any delinquent business tax and penalties. 5.02.300 Outside businesses. Every person not having a fixed place of business within the city who engages in business within the city shall pay a business tax at the same rate prescribed in this chapter for persons engaged in the same type of business from and having a fixed place of business within the city, measured by gross receipts from business done within the city. - 18 5.02.310 Effect of adoption on unexpired certificate. A. Neither the adoption of this chapter nor its superseding of any portion of any other ordinance of the city shall in any manner be construed to affect prosecution for violation of any other ordinance committed prior to the effective date of the ordinance codified in this chapter, nor be construed as a waiver of any business tax or any penal provision applicable to any such violation, nor be construed to affect the validity of any bond or cash deposit required by any ordinance to be posted, filed, or deposited, and all rights and obligations, thereunto appertaining shall continue in full force and effect. B. Where a business tax certificate for revenue purposes has been issued to any person by the city and the tax paid for the business for which the business tax certificate has been issued under the provisions of any ordinance heretofore enacted and the term of such business tax certificate has not expired, then the business tax prescribed for the business by this chapter shall not be payable until the expiration of the term of such unexpired business tax certificate. SECTION 2. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective immediately upon its passage pursuant to Government Code Section 36937 (d). .......... o0o .......... 19 - 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 JUN - ~ lqql , by the following vote: ...... R NNt AYES; COUNCILMEMBERS: EDWAROS~ DeMON, D, C NOES; COUNCILMEMBERS: AB, S[NT COUNCILMEMBERS: ABSTAIN: COBNCILMEMBERS CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JUN - 5 193' CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARD~I~I CITY ATTORNEY of the City of Bakersfield LCM/meg BUSTAX.O-3 5/29/91 - 20 - AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) County of Kern) CAROL WILLIAMS, Being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of Bakersfield; and that on the 10th day of June posted on the Bulletin Board at City Hall, a full, true the following: Ord±nance No. 3371 passed City Council at a meeting held on the 5th day of and entitled: of the City 1991 she and correct copy of by the Bakersfield June 1991, NSAOPD /s/ CAROL WILLIAMS CITY CLERK of the City of Bakersfield By: - DEPUTY City Clerk