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Ordinance - 1261•- ORDINANCE NO. 1261 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING SECTION 6235.6 OF CHAPTER 2, ARTICLE VI OF THE WEST COVINA MUNICIPAL CODE, RELATING TO BUSINESS LICENSE FEES APPLICABLE TO COIN -OPERATED VENDING MACHINES AND AMUSEMENT DEVICES. The City Council of the City of West Covina does ordain as follows: SECTION 1. Subsection 11 of Section 6235.6 of Chapter 2 of Article VI of the West Covina Municipal Code relating to laundromats and coin -operated washers and dryers is amended to read as follows: "ll. Laundromats and Coin -Operated Washers and Dryers: (a) Laundromat: Coin -Operated - $40.00 per year plus $1.00 per year for each coin -operated machine over 30 in number. (b) All other coin -operated Washers and Dryers: 1) Installed and maintained by the owner of the property or his lessee - $1.00 per year for each machine. 2) Installed and maintained by an individual or company not the owner or lessee of the property - $25.00 per year or fractional part thereof for the first $2,000.00 or less of gross receipts, plus $4.00 per year or fractional part thereof for each additional $1,000.00 of gross receipts or fractional part thereof in excess of $2,000.00." SECTION 2. Subsection 12 of Section 6235.6 of the West Covina Municipal Code relating to vending machines is amended to read as follows: "12. Vending Machines: Every person who is exclusively engaged in the business of renting, leasing or operating, coin -operated vending machines, shall pay an annual license tax on each such machine located within the City of West Covina, calculated upon the gross receipts from the machine, as follows: (a) A Cigarette Vending Machine - $16.00 for the first $1,000 or less of gross receipts plus one -tenth of one percent (1/10 of 1%)of the amount of gross receipts in excess of $1,000. (b) A Photo -Machine - $12.00 for the first $1,000 or less of gross receipts plus one -tenth of one percent (1/10th of 1%) of the amount of gross receipts in excess of $1,000. (c) A Stamp Machine - $3.00 for the first $500 or less of gross receipts plus one -tenth of one percent (1/10th of 1.%) of the amount of gross receipts in excess of $500. (d) A Bulk Vending Machine - $1.00 for the first $100 or less of gross receipts plus one -tenth of one percent (1/10th of 1%) of the amount of gross receipts in excess of $100. As used in this paragraph, a bulk vending machine is a non -electrically operated vending machine containing unsorted nuts, confections or merchandise which, upon insertion of the coin, dispenses the same in portions at random without selection by the customer. • (e) Any Other Coin -Operated Vending Machines: 1. Requiring 100 or less to operate - $5.00 for the first $500 or less of gross receipts, plus one - tenth of one percent (1/10 of 1%) of the amount of gross receipts in excess of $500. 2. Requiring more than 100 to operate - $10.00 for the first $1,000 or less of gross receipts, plus one -tenth of one percent (1/10 of 1%) of the amount of gross receipts in excess of $1,000. The fees prescribed in this sub -section for the first unit of gross receipts shall be due and payable at the time the application for the license is filed. Within 30 days after the end of the fiscal year for which the license is issued or at the time an application is filed for the renewal of the license, whichever is earlier, the licensee or appli- cant, as the case may be, shall file a declaration under penalty of perjury specifying the total amount of gross receipts received from the operation of the machine during the license period. If any additional taxes are due upon the basis of the gross receipts from any such machine, the additional tax shall be paid at the time the declaration is filed and before any renewal license is issued. In addition, the license collector may require the licensee to submit a copy of the sales and use tax return filed relative to each licensed machine or may. require any other substantiating information specified in Section 16002.5 of the Business and Professions Code. As used in this subsection 'gross receipts' means the total number of dollars actually removed from the machine during the license period without any deduction whatsoever." SECTION 3. Subsection 12a is hereby added to Section 6235.6 of the West Covina Municipal Code relating to vending machines to read as follows: "12a. Vending Machines, Alternative Tax: As an alternative to paying the business licenses specified in subsection 12 of this Section 6235.6, every person who is exclusively engaged in the business of renting, leasing or operating coin -operated vending machines within the City of West Covina may elect to, or if the provisions of said Section 12 are held to be invalid for any reason, shall, pay an annual license tax calculated on the gross receipts from all such machines located in the City of West Covina as follows: $100.00 for the first $2,000.00 or less of gross receipts • from all machines located within the City of West Covina plus one -tenth of one percent (1/10 of 1%)of the amount of gross receipts in excess of $2,000.00. The fees prescribed in this subsection for the first unit of gross receipts shall be due and payable at the time the application for the license is filed. Within 30 days -2- • • after the end of the fiscal year for which the license is issued or at the time an application is filed for the renewal of the license, whichever is earlier, the licensee or applicant, as the case may be, shall file a declaration under penalty of perjury specifying the total amount of gross receipts received from the operation of all machines within the City of West Covina during the license period. If any additional taxes are due upon the basis of the gross receipts from such machines, the additional tax shall be paid at the time the declaration is filed and before any renewal license is issued. In addition, the license collector may require the licensee to submit a copy of the sales and use tax return filed relative to all machines operated by the licensee within the City of West Covina during the license year or may require any other sub- staitiating information specified in Section 16002.5 of the Business and Professions Code. As used in this subsection 'gross receipts' means the actual number of dollars actually removed from all machines operated in the City of West Covina during the license period without any deduction whatsoever." SECTION 4. Subsection 17 of Section 6235.6 of the West Covina Municipal Code relating to game and amusement machines and certain coin -operated vending machines is amended to read: "17. Games and Amusement Machines and Coin -Operated Vending Machines Which are Owned by the Licensee and Operated as an Incident to the Operation of a Business which is Licensed under this Chapter: (a) Requiring less than 100 to operate - $10.00 per machine per year. (b) Requiring 100 or more to operate - $20.00 per machine per year." SECTION 5. This ordinance relates to taxes for the usual and current expenses of the City and shall take effect immediately upon its adoption. This ordinance shall become operative on January 1, 1975. -SECTION 6. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. Passed and approved this 23rd day of December g, 1974. ATTES : 12 City Clerk -3- • STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF WEST COVINA ) I, LELA W. PRESTON, City Clerk of the City of West Covina, • do hereby certify that the foregoing Ordinance No. 1261 was reg- ularly introduced and placed upon its first reading, duly adopted and passed at a regular meeting of the City Council on the 23rd day of December ; 1974, by the following vote, to wit: AYES: Councilmen: Browne, Miller, Chappell, Tice, Shearer NOES: Councilmen: None ABSENT: Councilmen: None APPROVED AS TO FORM: -C w City Attorng 0 -4- z City Clerk