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Ordinance - 1486ORDINANCE NO. 1426 AN. ORD I NANCE OF. THE ; C I TY C.OUN.CI L OF' THE C I.TY:.OF.. WEST COVI NA, AMENDING THE' WEST COV:I id'A: MUN,1-C I PAL CODE RELATING TO THE BUSINESS LICENSE TAX The City Council of the City of West Covina does ordain as follows: SECTION 1. Section 14-22 of the West Covina Municipal Code is amended to read as follows: "Whenever any license tax mentioned in this article is based on the number of employees, the term 'employee''shall..incl.ude:..all'!proprietors, partners, managers, officers, office and directional personnel and all other employees who are actively engaged in the business within the city, whether permanent or temporary, full or parttime. The number of employees shall be the average number engaged in the business during the preceding calendar year or during any such portion thereof as the business was in operation. The average number shall be that number of employees that were employed during the week prior to December 15 plus the number employed during the week prior to June 15 and divided by two. In the case of beginning businesses, the number shall be estimated by the appli- cant and the tax paid on the estimate but. shall be adjusted to the actual number within thirty (30) days after the close of the calendar year. The application for business license each year shall correctly set forth the number of employees applicable to the determination of the license fee." • SECTION 2. Section 14-28 of the West Covina Municipal Code is amended to read as follows: "No license granted or issued under the provisions of this article shall be in any manner transferred or assigned nor shall it authorize any person other than those therein mentioned or named to do business, without the written consent of the license collector endorsed thereon; at the time any such license is assigned or transferred, the person applying for such transfer or assignment shall make application for a license showing that he is continuing the.same business already licensed and paying a transfer fee as established in the schedule of fees." SECTION 3. Section 14-33 of the West Covina Municipal Code is amended to delete the following: "(c) He shaI I make a charge ;of- two-doI Ia'rs ($2:00)' fo-r.:each dupI icate: .li.cense.:issued b:y h-im;unde,r "thi,s=tarticle;.;in cases where...the o'riginaa�. ,has been .lost or --destroyed'':; .s SECTION 4. Section 14-56 of the West Covina Municipal Code is amended to add the following: "Such operation maintenance, and conduct of games of skill and science are subject to the fees specified in Section 5-84 of this code." ^� SECTION 5. Section 14-57 of the West Covina Municipal Code is amended to read as follows: "(a) Each operator of a microwave pay television transmission system which has one or more receiving terminals within the city shall pay a business license tax in an amount as established by the schedule of fees." SECTION 6. Section 14-66 of the West Covina Municipal Code is amended to add the following: "The amounts set forth in section 14-68 of this code can be adjusted, sus - suspended, or amended by Resolution of the City Council." SECTION 7. Section 14-67 of the West Covina Municipal Code is amended to read as follows: "(b) All annual license fees shall be due and payable in lawful money of the United States in advance on the first day of January of each year. Any person without a fixed location in the City but that is doing business within the City for less than the full year and for which business an annual license fee is provided shall be required to pay the amount of the license fee for a full year, except that the fee for any such license issued on or after July first of any year for the remainder of such calendar year to a person not subject to be licensed by the city for the conduct of such business during any part of the first six (6) months of such year shall be fifty (SO) percent of the annual license fee prescribed for such business." SECTION 8. Section 14-68 of the West Covina Municipal Code is amended to read as follows: "The several rates for licenses for the pursuit of businesses, trades and occupations hereinafter set forth, and to be paid by the owners or agents thereof, shall be those fees fixed and established from time to time by the City Council by resolution and are subject to the category codes and restrictions as follows: "CATEGORY CODE A. A-1 RESIDENTIAL RENTALS. - Apartments, hotels, motels, mobile home parks, convalescent homes, nursing homes, hospitals and businesses of a like nature or similar character. Any hospital, the property of which is exempt from taxation pursuant to Section lc of Article Xlll of the Constitution of the State of California, shall be exempt from the payment of the license fee prescribed by this section. An application for exemption shall be filed annually during the month of January. The application shall declare whether or not the property of the hospital was exempted from the payment of property taxes for the current calendar year. The license collector shall transmit the application to the City Council. If the application meets the requirements for exemption, the exemption shall be allowed by the City Council. A -II OFFICE AND COMMERCIAL RENTALS Offices, stores, industrial plants or any building or structure of any kind on land located in the City and rented to a tenant for purposes other than dwelling, sleeping or lodging. This includes the letting of every kind and character, whether by an owner, lessee or sublessee, of such types of rentals. Where a land lease is in effect for the purpose of effectuating the use of the property for the purposes noted in this category, then such rents from said land shall also be subject to the business licensing provisions herein. All rentals received by one individual or entity can be combined in one license. • The.City Council may, by resolution, suspend all or any portion of said tax imposed under Group A-11 for a period of time as it determines to be equitable in order to adjust the impact of said tax. At the end of said period of suspension, the tax shall automatically be reinstated in accord- ance with the amounts set forth in the schedule of fees. -2- • A -III COMMERCIAL TENANTS OCCUPANCY TAX. For the privilege of occupancy of offices, stores, industrial plants; any building or structure of any kind on land located in the City of West Covina and rented to a tenant for purposes other than dwelling, sleeping, or lodging, an excise tax is hereby imposed upon every tenant of such premises. Where a land lease is in effect for the purpose of effectuating the use of the property for the purposes noted in this Category, then such charges for said land shall also be subject to the excise tax provided for in the schedule of fees. Exempted under this Group A -III are tenants of an entity subject to taxation under Groups A-1 or A-11. CATEGORY CODE P P-1 PROFESSIONS - Attorney Accountant, Public Architect Certified Public Accountant Chemical Engineer Chemist Chiropodist Chiropractor Civil Engineer Construction Engineer Consulting Engineer Dentist Electrical Engineer Geologist Landscape Architect Mechanical Engineer Mortician Oculist Optometrist Oral Surgeon Osteopath Physician Physician Physician and Surgeon Sanitation Engineer Surgeon Veterinarian Similar and like professions are to be included as well in this cate- gory. P-II SERVICES Advertising Counsel Abstractor of Title Agricultural Advisor Appraiser Assayer Auditor Bail Bond Broker Barber Shop Beauty Shop Business Management Consultant Bookkeeper Car Washing Child Nurseries Claim Adjuster Dancing Academy Dealers in Securi,ties Dental Labs Designer, Detective Detective Agency Draftsman Drugless Practitioner Dry Cleaner Dry Cleaner Service Electrologist Employment Agency' Fine Arts or Music School Herbalist Industrial Relations Consultants Insurance Adjuster Insurance Agent or Broker Interior Decorator Investment Counselor Escrow Office Laundries (Professional) Lapidary Naturopath Private Patrol Photographer Real Estate Offices Stock and Bond Broker Surveyor Swimming Instructor Taxidermist Trade or Business School Travel Bureau Tree Removing Tree Surgery Tree Trimming Swimming Pool Maintenance Rental of Vehicles or Equipment Watch Repairing X-Ray Technician Wholesale Jobbing -3- P-II SERVICES (cont'd.) Similar and like professions are to be included as well in this category. CATEGORY CODE C • CONTRACTORS - All contractors who perform construction work in the city and who are subject to the job fee described in this paragraph shall pay an annual license fee according to the schedule of fees. Such fee shall not be prorated. In addition, all general contractors shall pay as a part of the business license, a job fee, which fee shall be a sum equal to the building permit fee or other general contracting permit fee. The job fee shal.1 be due and payable at the time of the issuance of the permit and shall be paid at the same time the permit fee is paid as required by Chapters 12 and 13, Article II of Chapter 23; Chapter 9, Chapter 19, Articles I through III, and Chapter 24, Article II (limited to permits for finish grading, retaining walls, and sewer connections); and Chapter 7 and Chapter 19, Article IV of this Code. Exceptions: (1) An owner builder shall be exempt from paymentlof any license fee. or job fee if all work performed under a permit is done exclusively by such owner upon his own property. (2) Permits for work within the public right-of-way or future right-of- way shall be exempt from application of a job fee. Contractors not subject to the job fee referred to above in this section • shall pay an annual business license tax per the fee schedule. There shall be no proravions�:of :.the`. business; l icense-,.taxrreferr.ed, to'.herein. Contractors shall not be subject to the business improvement area taxes levied pursuant to section 14-84 of this Code. CATEGORY CODE V SANITARY LANDFILLS AND DISPOSAL FACILITIES All sanitary landfill and disposal facilities and sites shall pay a monthly business license tax in an amount set forth in the schedule of fees. The first such payment filed with a statement of gross receipts from the operation of any sanitary landfill and disposal site which is subject to taxation pursuant to this section shall be due and payable by the last day of the following month in which the statement of gross receipts applies, and monthly thereafter. Such statement of gross receipts shall not be conclusive as to the matter set forth therein, nor shall the filing of the same preclude the city from collecting, by appropriate action, such sums as are actually due and payable. Such statement and each of the several items therein contained shall be subject to audit and verification by the city tax collector to inspect the books and records of the licensee as may be necessary to verify or ascertain the amount of the license fee due. CATEGORY CODE R • Retail businesses listed below and all other persons engaged in the busi- ness of making sales at retail where seventy-five (75) percent of the total revenues of such business are derived from such sales, except as otherwise provided in this article: Appliance stores Auto accessories ME • • C CATEGORY CODE R (cont'd.) Bakeries Bookstores Candy shops Carpet and rug stores Children's wear Department store Drugstores Florists Furniture Gift shops Hardware Health food stores Ice cream stores Jewelry stores Ladies wear Liquor stores Mattress shops Men's stores CATEGORY CODE M Music stores Newspaper offices New car dealers Pet stores Pool supply stores Printers TV -Radio stores Restaurants Taverns and bars Service stations Shoe stores Shoe repair Sporting goods Toy stores Variety stores Wallpaper and paint stores Yardage and draper stores Manufacturers, wholesalers, newspaper publishing, grocers, meat markets, transfers and storage companies, and businesses of a like nature or similar character. CATEGORY CODE S Special businesses. Fixed fees shall be as established in the schedule of fees for the below: 1. Finance companies 2. Savings and loan associations 3. Dance permit: (a) Public .(b) Cabaret dancing 4. Skating and roller. rink 5. Theatres and movies 6. Gyms and figure salons 7. Billiard parlors 8. Bowling alleys 9. Mailing and telephone service 10. Laundromats and coin -operated washers and dryers: (a) Laundromat: Coin -operated (b) A11 other coin -operated washers and dryers: (1) Installed and maintained by the owner of the property or his lessee. .(2) Installed and maintained by an individual or company not the owner or lessee of the property. 11. Vending machines: Every person who is exclusively engaged in the busi- ness of renting, leasing or operating, coin -operated vending machines, shall pay an annual license tax on each such machine located within the city, calculated upon the gross receipts from the machine, as established in the schedule of fees. (a) A cigarette vending machine (b) A photo -machine (c) A stamp machine (d) A bulk vending machine -as used in this paragraph, a bulk vending machine is a nonelectrically 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 ten cents ($0.10) or less to operate. (2) Requiring more than ten cents ($0.10) to operate. -5- CATEGORY CODE S 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 thirty (30) days after the end of the calendar 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 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 col- lector 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. 12. Vending machines, alternative tax: As an alternative to paying the licenses specified in subsection 11 of this Category Code S, every person who is exclusively engaged in the business of renting, leasing or operating coin -operated vending machines within the city may elect to, or if the provisions of.subsection 11 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 as established in the schedule of fees. The fees prescribed therein for the first unit of gross receipts shall be due and payable at the time the application for the license is filed. Within thirty (30) days after the end of the calendar 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 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 col- lector 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 during the license year 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 actual number of dollars actually removed from all machines operated in the city during the license period without any deduction whatsoever. 13. Peddlers and solicitors 14. Junk dealers 15. Bankruptcy, liquidation.and like sales 16. Carnivals and circuses 17. Other coin -operated machines: (a) Game and amusement machines: (1) Requiring less than ten cents ($0.10) to operate. (2) Requiring ten cents ($0.10) or more to operate. • (b) Any other coin -operated vending machine which is not licensed under subsections 11 or 12 of.this Category Code S. (1) Requiring ten cents ($0.10) or less to operate. (2) Requiring more than ten cents ($0.10) but less than twenty- five cents ($0.25) to perate. (3) Requiring twenty-five cents ($0.25) or more to operate. 18. House movers M CATEGORY CODE S (cont'd.) 19. Taxicab operators 20. De'livery or sale of goods or services by vehicle or on foot within the city: • (a) Wholesale delivery (b) Retail delivery (c) Food vendors (d) Laundry, dry cleaning or uniform service routes (e) All other route sales or rentals 21. Service vehicles, (place of business not in the city) 22. Shoe shine stand, if not inside other business 23. Amusement shows 24. Gardeners t shall be una awf; u l + for. -,the l c i ty tax:.and "license co-1 lector. or. any .=person having an administrative duty under the provisions of this section to make known in any manner whatsoever the business affairs, operations or information obtained by an investigation of records of any license or the amount or source of income, profits, losses, expenditures, or any particular thereof, set forth any declaration required to be filed by this section. However, nothing contained herein shall prevent the dis- closure of the names and addresses of persons to whom licenses have been issued and the general type or nature of their business, the disclosure of general statistics regarding taxes collected or business done in the city or the disclosure by way of public meetings, or otherwise, of such information as may be necessary to the City Council in order to permit it to be fully advised as to the facts when a taxpayer files a claim for refund of license taxes or submits an offer of compromise with regard to a claim asserted against him by the city for license taxes or when acting upon any other matter. The business license taxes levied pursuant to this section shall be sub- ject to the business improvement area taxes levied pursuant to Section 14-84, except as noted elsewhere in this code.'' SECTION 9. The provisions of this ordinance shall take effect 30 days after its adoption. SECTION 10. The City Clerk shall certify to the adoption of this ordinance and cause the same to be published in the manner required by law. APPROVED and ADOPTED this 25th day of August 1980. ATTEST: City Clerk I • -7- Mayor STATE OF CALIFORNIA ) • COUNTY OF LOS ANGELES ) SS. CITY OF WEST COVINA ) I, HELENE M. MOONEY, City Clerk of the, City of West Covina, do hereby certify that the foregoing Ordinance No. 1486. was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the llth day of August 1980. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 25th day of August 1980, by the following vote of the City Council, to wit. AYES: Tennant, Tice, Chappell, Shearer, Browne NOES: None ABSENT: None APPROVED AS TO FORM: City Attorney • C E R T I F I C A ,r I O N State of California. ) County of Los Angeles ) ss. City of west Covina. ) I, JANET BERRY, Deputy City Clerk of the City of West Covina., State of California, do hereby certify that a true and a.ccura.te copy of Ordinance No. /51 8- was published, pursuant to law, in the west Covina. Tribune, a newspaper of general circula.tion published and ci.rcula.ted in the City of west Covina.. Dated '.", z Janet Orry, Deputy y Clerk City of west Covina, alifornia