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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 .........................