HomeMy WebLinkAboutORD NO 2011 ORDINANCE NO. 2011 N.S.
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING CHAPTER 6.50 OF THE
MUNICIPAL CODE BY CHANGING THE NAME OF THE
DISTRICT AND ALTERING THE BUSINESS LICENSE
TAX STRUCTURE WITHIN THE DISTRICT.
BE 'IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
Chapter 6.50 is amended to read as follows:
Chapter 6.50
BUSINESS IMPROVEMENT DISTRICT
Sections:
6.50.010 Definitions.
6.50.020 Notices and hearings, invalidity of any part.
6.50.030 Purpose, intent and use of revenue.
6.50.040 Establishment of business promotion district
procedure.
6.50.050 Rate of additional tax.
6.50.060 Collection of additional tax.
6.50.070 Changes in the district boundaries.
6.50.080 Changes of rate of additional tax.
6.50.010 Definitions. (a) BUSINESS IMPROVEMENT DISTRICT: An
area in the City which has been designated a Business Improvement
District pursuant to the procedures set forth in this chapter.
(b) ADDITIONAL TAX FOR A BUSINESS LICENSE: The tax established
by this chapter initially, or as may be changed in accordance with
the procedures hereinafter prescribed for businesses conducting
their activities within a Business Improvement District, in addition
to the regular tax imposed upon various businesses generally not in
such Business Improvement District.
(c) BUSINESS: All types of businesses.
6.50.020 iNotices and Hearinss~ Invalidity of Any Part. (a) When-
ever this chapter provides for a hearing and a notice therefor, such
notice shall 'be given as follows:
1. One publication in a newspaper published and circulated
in the City.
2. Mailing of such notices, postage prepaid, in a sealed
envelope, by 'the United States mails, addressed to all businesses
which conduct activities within any proposed or established Business
Improvement District as shown upon the active business licenses on
file with the Finance Director, and to all property owners in such
district as shown upon the last equalized assessment roll of Kern
County at the addresses shown on such roll.
3. Both publication and mailing of notices shall be completed
at least ten (10) days prior to the holding of any hearing required
by this chapter, and such notices shall contain the designation of
the time and 'place of the hearing and a statement describing the
subject matter of such hearing.
(b) Whenever a hearing is held under this chapter, the Council
shall hear all protests and receive evidence for or against the pro-
posed action; the Council shall also rule upon all protests which
determination shall be final; and the Council may continue the
hearing from time to time.
6.50.030 Purpose~ Intent and Use of Revenue. The purpose and
intent of this chapter is to impose a tax upon those businesses in
a Business Improvement District which is greater than the general
business license tax in the City outside of such a district, and to
use the proceeds from the additional tax revenue for the purpose of
prom°tin8 events which take place in such district which are of a
public nature of general interest and concern to the co~Lm~unity and
the businesses in the district~ and to promote increase in business
generally in the Business Improvement District. Such actiwi~ies may
include, but shall not be limited to the following:
(a) Decoration of any public place in the district.
(b) Promotion of public events which are to take place on or
in public places in such district.
(c) Furnishing of music in any public place in the district.
(d) The acquisition, construction or maintenance of public
improvements, including parking lots, benefiting the district.
(e) Financial assistance to the Bakersfield Community
Redevelopment Agency on projects within the Business Improvement
District.
(f) The general advertising of the district, and development
of means to increase business activity in the district. This
chapter is also intended to be construed liberally, and in the event
any part should be held invalid, the remaining part or parts shall
remain in full force and effect. The City Council shall have sole
discretion as to how the money derived from this tax is to be used
within the scope of the above purposes; however, the City Council
may appoint existing advisory boards or commissions to make recom-
mendations as to its use, or the Council may create new advisory boards
or commissions for the purpose. Ail such advisory board members are
to be selected on the basis of conducting a business activity within
the Business Improvement District.
6.50.040 Establishment of Business Improvement District Procedure.
The Council may establish a Business Improvement District by the
following procedure:
(a) Adoption of a resolution of intention to establish a
Business Improvement District which shall contain the following
information: (1) A description of the proposed boundaries of such
district; (2) The time and place when a hearing shall be held by
the Council to determine whether or not to adopt a resolution to
establish such district; (3) The uses to which the additional
revenue derived from the additional tax for a business license
will be put which shall be the same as those provided for by this
chapter; (4) That the establishment of a Business Improvement
District shall cause an additional tax for business licenses for
those businesses conducting their activities in such district, and
that such increase shall be in accordance with the schedule provided
by this chapter, which schedule shall be set forth at length in the
resolution; (5) That any interested person may file a written pro-
test prior to the hearing and may also appear at the hearing and
present evidence.
(b) Notice of the hearing provided for by the resolution of
intention shall be published and mailed in accordance with Section
6.50.020(a) hereof, except, however, such notice shall consist of a
complete copy of the resolution of intention to establish a Business
Improvement District.
(c) The hearing specified in the resolution of intention shall
be held prior to the adoption of a resolution establishing a
Business Improvement District. Such hearing shall be held in accord-
ance with Section 6.50.020(b) hereof.
(d) If it is determined by the Council after the hearing that
such a district should be created, the Council may approve of such
a district by adopting a resolution establishing the district.
This resolution shall contain the following information: (1) The
number, date and title of the resolution of intention pursuant to
which it was adopted; (2) The time and place the hearing was held
concerning the formation of such district; (3) The description of
the boundaries of such district; (4) A statement that the businesses
in the district created by the resolution shall be subject to the
provisions of'the additional tax provided by this chapter; (5) A
statement that a Business Improvement District has been created
pursuant to the provisions of this chapter. The Council, may,
e
however, modify the boundaries of the District as described in the
resolution of intention based upon the evidence presented, provided
the Council proposes such change and continues the hearing until a
later time and notice of the proposed change and the time and place
of the continued hearing is given in accordance with Section
6.50.020(a) hereof.
6.50.050 Rate of Additional Tax. There is hereby imposed the
following tax for a business license for all businesses conducting
their activities in a Business Improvement District, which is in
addition to the regular tax imposed upon various businesses generally
not in such Business Improvement District.
(a) All businesses in such district shall be subject to this
additional taxation if they are subject to taxation by the City of
Bakersfield under the business license tax ordinance, Chapter 6.20.
(b) The tax imposed by this chapter as additional tax for a
business license shall be based upon the following schedule:
1. CLASS I BUSINESSES: (½x)
Busi'nesses in this class shall be taxed as an additional
tax for a business license one-half (~) times their
ordinary business license not to exceed $150.00.
Accountants Geologist
Answering Service Insurance Adjuster
Appraisals Labor Relations
Attorney Newspaper
Auto Parts-Wholesale Optical Supplies
Bakery Mfg.-No retail sales Optometrist
Barber/Beauty Supplies-Wholesale Pawnbroker
Chiropractor Physician and Surgeon
Collection Agency Private Investigator
Court Reporting Radio/TV Station
Dental Lab Shoe Shine
Dentist Cardroom ~
Class I shall also include all businesses not listed in
Class II, Class III or Class IV below.
2. CLASS II BUSINESSES: (2x)
Busi'nesses in this class shall be taxed as an additional
tax for a business license two (2) times their ordinary
business license not to exceed $400.00.
Advertising Agency Finance Company
Apartment/Rooming House Hearing Aid
Auto Agency (New/Used Cars) Juke Box
Auto Parts-Retail Loan/Mortgage Firm
Auto Repair Motor Home Sales
Barber Shop/College Parking Lot
Beauty Shqp/College Photo Machine
~illiards/Pool Tables Photographer 0nly
Business School Pin Ball Machine
~ax~x~mm ~ Radio/TV Repair
Cleaning and Pressing Real Estate Broker and Sales
Clothing. Alterations Savings and Loan Associations
Collection Agency Service Station
Employment Agency Travel Agency
Watch Repair-No Sales
3. CLASS III BUSINESSES: (3x)
Businesses in this class shall be taxed as an additional
tax for a business license three (3) times their ordinary
business license not to exceed $400.00.
Beer Bar Jewelry Repair/Mfg.-No Sales
Cafe/Restaurant Printer/Mimeograph
Cocktail Lounge Snack Bar/Candy Stand
Electric Shaver Repair Shoe Repair
Hotel/Motel Stock and Bond Broker
Interior Decorator-No Sales Theater
4. CLASS IV BUSINESSES: (4x)
Businesses in this class shall be taxed as an additional
tax for a business license four (4) times their ordinary
business license not to exceed $3,000.00.
Retail sales, where seventy-five per cent (75%) of the gross
receipts are derived from such sales. Second-hand dealers.
(c) New businesses in such district shall be exempt from any
assessment under this chapter for three months after opening doors
for business, and will then be assessed in accordance with their
classification, with the annual amount due to be paid on a pro rata
basis dependi'ng upon the portion of the year during which assessments
are due and payable.
(d) Any business, person or institution located within the
Business Improvement District which is exempt from the payment of
a business license tax by the State Constitution is not taxed under
this chapter but may make a contribution for the purposes provided
by this chapter.
6.50.060 Collection of Additional Tax. The collection of the
additional tax for a business license for any Business Improvement
District, shall be made at the same time and in the same manner as
any other business license tax and all provisions of Chapter 6.20
relative to enforcement and collection are applicable to this chapter.
6.50.070 Changes in the District Boundaries. Changes may be
made in the boundaries of any Business Improvement District by
resolution of the Council; however, no changes shall be made unless
and until a hearing is heid and notice thereof is given in accordance
with Section 6.50.020 hereof. Such notice shall contain the time
and place when the hearing shall be held and a description of the
proposed change of the district boundary.
6.50.080 Changes of Rate of Additional Tax. Changes may be made
in the rate of additional tax for a business license by ordinance
of the Council; however, no changes shall be made unless and until
a hearing is held and notice thereof is given in accordance with
Section 6.50.020 hereof. Such notice shall contain the time and
place where the hearing shall be held and a description of the pro-
posed change in the rate of additional tax for a business license.
SECTION 2.
This ordinance shall become effective thirty days from
and after the date of its passage.
-o0o-
I HEREBY CERTIFY that the foregoing Ordinance was passed
and adopted by the 'Council of the City of Bakersfield at a regular
meeting thereqfheld on the BBnd ·day of May, 1972, by the following
vote:
AYES: COUNCILMEN BLEECKER, HEISEY, MEDDERS, REES, RUCKER, THOMAS, W~E
NOES: COUNCILMEN: ~.~
ABSENT COUNCILMEN: ~ ,~,,~_~_...
CITY ~LERK and E~-Offi-~io Clerk of the
Council of the CitY of Bakersfield
/
APPROVED this /ay_of Hay, 1972
22nd~_ .
MAYOR .~ ~fe~c,~i~ .
APPROVED:
TTO~Y
Affi av ! of osmtg (Or man es
STATE OF CALIFORNIA,~ ss.
County of Kern ~
MARIAN S. IRVIN, 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 ................... .~.a._y.....2..~ .................................................... 19..7...2... she posted on the Bulletin Board
at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on .................~..a.y_..2...2. ................................... 19...7...2.., which ordinance
was numbered ........... .2...0...1..1.. ................... New Series, and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING CHAPTER 6.50 OF THE
MUNICIPAL CODE BY CHANGING THE NAME OF THE
DISTRICT AND ALTERING THE BUSINESS LICENSE
TAX STRUCTURE WITHIN THE DISTRICT.
City Clerk
Subscribed and sworn to before me this
.........................