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Ordinance - 1766ORDINANCE NO. 1766 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA AMENDING, CATEGORY S OF SECTION 14-68 OF THE WEST COVINA MUNICIPAL CODE RELATING TO • THE BUSINESS LICENSE TAX IMPOSED ON SMALL COLLECTION FACILITIES AND REVERSE VENDING MACHINES. WHEREAS, the California Beverage Container Recycling and Litter Reduction Act (Calif. Stats. 1986, Ch. 1290, hereinafter, "Recycling Act") was adopted to encourage the efficient and large-scale recyling of beverage containers; WHEREAS, the Recycling Act requires the establishment of at least one recycling center within one- half mile of every supermarket; WHEREAS, the recycling facilities most accessible to consumers, specifically "Small Collection Facilities" and "Reverse Vending Machines" (as those terms are defined at Sections 26-685.92(b) and 26-685.93 of the West Covina Municipal Code) may not be profitable, at least in their early years of operation; WHEREAS, the City of West Covina desires to encourage the level of solid waste recycling, and in particular, the success of Small Collection Facilities and Reverse Vending Machines, thereby improving the environment through the reduced use of land fills; WHEREAS, under the current Business License Tax, Small Collection Facilities and Reverse Vending Machines would be taxed as Junk Dealers; WHEREAS, the City of West Covina desires to establish a category in the Business License Tax for Small Collection Facilities and Reverse Vending Machines separate from Junk Dealers, so that the City may temporarily reduce the Business License Tax for the former in order to encourage their success; and WHEREAS, because Small Collection Facilities and Reverse Vending Machines are presently.taxed as Junk Dealers, the establishment of a separate taxation category for the former does not amount and is not intended to create a new tax within the meaning of Section 53720 et sea of the Government Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Category S of Section 14-68 of the West Covina Municipal Code is hereby amended to add the • following: "26. Small collection facilities and reverse vending machines. "The City Council may, by resolution, suspend or reduce all or any portion of said tax imposed on • small collection facilities and reverse vending machines 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 accordance with the amounts set forth therein." SECTION 2. 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 __3thday of FF hriiary , HEf,�tf�/ ATTEST: City Cle k STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF WEST COVINA ) I HEREBY CERTIFY that the foregoing Ordinance No. was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 25th day of January , 1988. That, thereafter, said ordinance was duly adopted and passed at a regular meeting of the City Council on the Wday of Feb. 1988, by the following vote of the Council, to wit: AYES: Councilmen: Bacon, Planners, Chappell NOES: Councilmen: None ABSENT: Councilmen: Shearer, Tennant City Clerk APPROVED AS TO FORM: AW City Attorney _---- - - -2- CERTIFICATION I, JANET BERRY, Deputy City Clerk of the City of West Covina, State of California, do hereby certify that a true and accurate copy of Ordinance No. 174 G was published, pursuant to law, in the San • Gabriel Valley Tribune, a newspaper of general circulation published and circulated in the City of West Covina. valm000 Janet Berry, City Clerk City of West Covina, Ca ornia DATED: S •�