2002/08/06 City Council Resolution (6)RESOLUTION NO. 2002- 176
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROHNERT PARK DIRECTING THE SUBMISSION TO THE
QUALIFIED ELECTORS OF THE CITY OF ROHNERT PARK A
MEASURE APPROVING INCREASES IN THE BUSINESS LICENSE
TAX ON CERTAIN ENUMERATED BUSINESSES THAT WERE MADE
EFFECTIVE in 1992
WHEREAS, pursuant to Election Code Section 9222, the City Council may submit
to the qualified electors of the City a ballot measure, without petition therefor, by
ordinance or resolution; and
WHEREAS, pursuant to Government Code Section 53723, the City Council
desires to submit to the qualified electors of the City at a November 5, 2002 general
municipal election a measure approving the increases made by Ordinance No. 550
(found in Chapters 5.08 and 5.12 of the Rohnert Park Municipal Code) to the business
license tax payable by certain enumerated businesses by 25 %; and
WHEREAS, a true and correct copy of Ordinance No. 550 is attached to this
resolution as Exhibit A.
NOW, THEREFORE, be it resolved by the City Council of the City of Rohnert
Park as follows:
Section 1. The City Council, pursuant to Government Code Section 53723
hereby orders that the following question be submitted to the qualified electors of the City
of Rohnert Park at a general municipal election to be held on November 5, 2002:
MEASURE 6L -99: APPROVAL OF INCREASE IN BUSINESS LICENSE TAX
"SHALL THE INCREASES IN THE BUSINESS LICENSE TAX - THAT
HAVE BEEN PAID BY CERTAIN BUSINESSES IN ROHNERT PARK
SINCE 1992 AND NOT INCREASED SINCE THEN - REMAIN IN
EFFECT?
Yes No
Section 2. The City Clerk is hereby directed to transmit a copy of the measure
set forth in Section 1 above to the City Attorney, who shall prepare an impartial analysis
of the measure in accordance with Section 9280 of the Elections Code.
97
Section 3. In the event that the measure proposed by this resolution is not
approved by a majority vote of the electors casting ballots in favor continuing in effect the
increase made to the Business License Tax effective January 1, 1995 by Ordinance No.
594 on November 5, 2002, then the Business License Tax Ordinance shall have no force
or effect and the rates of the Business License Tax imposed by Chapter 5.12 of the
Rohnert Park Municipal Code shall revert to the rates in effect prior to January 1, 1995.
Section 4. Provided the imposition, levy and procedures for the administration
and collection of the general taxes as set forth in the Business License Tax Ordinance are
approved by a majority vote of the electors casting ballots in favor of the Ordinance on
November 5, 2002, the tax shall continue to be collected at the rates imposed effective
January 1, 1995 by Ordinance No. 594.
Section 5. The City Clerk is hereby directed to file a certified copy of this
resolution with the Board of Supervisors and the County Election Department of the
County of Sonoma.
DULY AND REGULARLY ADOPTED by the Council of the City of Rohnert Park
this 6th day of August, 2002.
C
CITY OF ROHNERT PARK
'//' -, - -/. �". 6 � � Z
Mayor
MACKENZIE: AYE REILLY: ABSENT VACANCY: N/A VIDAK- MARTINEZ: AYE FLORES: AYE
AYES: (3) NOES: (0) ABSENT: (1) ABSTAIN: (0)
4
ORDINANCE NO. 550
AN ORDINANCE OF THE CITY OF ROHNERT PARR AMENDING CHAPTERS
5.08 AND 5.12 OF THE ROHNERT PARR MUNICIPAL CODE RELATING
TO BUSINESS LICENSE TAX
The City Council of the City of Rohnert Park does ordain as follows:
Section 1. Effective January 1, 1992 Chapter 5.08 of the Rohnert
ark Municipal Code is hereby amended to read and provide as follows:
Chapter 5.08
LICENSE TAX - BUSINESSES IN GENERAL
ections:
5.08.010 Classification A - Retail Sales
5.08.020 Classification B - Services
5.08.030 Classification C - Professional and semi- professional.
5.08.040 Classification D - General building contractor or
subcontractor.
5.08.050 Classification E - Wholesalers
5.08.010 Classification A - Retail sales. Every business engaged
Ln selling to the g neral public at retail in the goods, wares,
merchandise or commolities, including restaurants and other food
iispensers,' unless otherwise provided for in this chapter and Chapters
5.04 and 5.12 shall pay an annual license tax based upon the average
number of persons employed within the city during the previous calendar
(ear at the following rates:
One employee $ 50.00
Each additional employee 15.00 each
Maximum $5,000.00
5.08.020 Classification B - Services. Every person engaged in the
business of providing a service or similar business or occupation in the
city shall pay an annual license tax based upon the average number of
persons employed within the city in such service or similar business or
occupation during the previous calendar year as set forth in the
following schedule:
One employee $ 50.00
Each additional employee 15.00 each
Maximum $5,000.00
The businesses referred to in this classification include the
following plus any similar business or occupation: appliance repair, art
galleries, auto rentals, bail bonds, barbershops, beauty salons,
blueprinting, bookkeeping services, business schools, car wash, catering,
cleaners, collection agencies, correspondence schools, credit service,
dance studios, day care centers, dental laboratories, draftsman,
employment agencies, estimators, finishing schools, furniture
:finishing, gardening, golf courses, grinding service, handyman, hostess
:rvice, hydraulic jack service, income tax service, income tax ocksmiths,
�nitorial service, lapidaries, leatherette repair, ,
►nicurists, masseuses, medical laboratories, mobile home service, music
istruction, nursery schools, parking lots, photography, piano tuners,
>ol service, publishers, realtors, real estate brokers, real estate
ilespersons, rental service, rototilling, sawshops, secretarial service,
�curity service, sewer cleaning, shoe repair, sign painters, silver shop
:pair, swim centers, soft water service, tailoring and dressmaking,
),xidermist, telephone answering service, title companies, travel
;encies, tree service, wig styling.
5.08.030 Classification C - Professional and semiprofessional.
very person engaged in professional, semiprofessional and connected
usinesses in the city shall pay an annual license tax based upon each
rofessional and semiprofessional engaged within the city in such
usiness during the previous calendar year, according to the following
chedule:
Each professional and semiprofessional $ 200.00
The business referred to in this classification are as follows:
o
.dvertising, auditors, appraisers, architects, assayers, Y s
Bacteriologists, business or investment counselors, brokers of- all types
excluding real estate brokers which are included in Classification B),
:ertified public accountants, chemists, chiropodists, chiropractors,
:omputer programmers, computer consultants, -dentists, designers,
iecorators, electrologists, engineers, engravers, family counselors,
;eologists, health service facilities, insurance or claim adjusters,
Landscape architects, management and planning consultants, morticians,
)culists, opticians or optometrists, orthodontists, orthopedic surgeons,
osteopaths, pathologists, ists, psychiatrists, psychologists, physical
therapists, physicians podiatrists, radiologists, surgeons, surveyors,
veterinarians or any similar business or occupation.
Each business licensed under this section shall pay an additional
fifteen dollars for eabh nonprofessional employee, engaged within the
city in the operation of the business.
5.08.040 Classification D - General building contractor or
subcontractor. Every person who conducts the business of general
building contractor or subcontractor in the city shall pay an
license tax based upon the following schedule:
A. General contractor $ 250.00 a year
150.00 one half -year
B. Electrical, plumbing, and $ 150.00 a year
other subcontractors not 100.00 one half -year
specified
*Half year licenses are from January to June or July to December.
5.08.050 Classification E - Wholesalers. Every business engaged in
:lling goods, wares or merchandise at wholesale except for wholesale
Llesmen -as -- defined bBusiness._andProfessions Code Section 16002,
.thin the city, and every business engaged -in manu acturZnnnual processing
fabricating goods, wares or merchandise, shall pay an annual license
of persons employed within the city
ix based upon the average number
firing the previous calendar year at the following rates:
One employee $ 50.00
Each additional employee 15.00 each
Maximum $5,000.00
Section 2. Effective January 1, 1992, Chapter 5.12 of the Rohnert
ark Municipal Code is fiereby amended to read and provide as follows:
Chapter 5.12_
LICENSE TAB - SPECIFICALLY ENUMERATED BUSINESSES
ections:
5.12.010
5.12.020
5.12.030
5.12.040
5.12.050
5.12.060
5.12.070
5.12.080
5.12.090
5.12.100
5.12.110
5.12.120
5.12.130
5.12.140
5.12.150
5.12.160
5.12.170
5.12.180
License and tax payment required.
utilities.
Hospitals.
Rentals.
Trailer parks and mobile home parks.
Taxicabs.
Motor vehicle delivery.
Peddlers and solicitors.
Astrologers.
Weighing and coin - operated machines.
Laundry equipment.
Junkyards.
Circuses, tent shows and sideshows.
Auctioneers.
Liquidators.
Theaters.
Self storage rentals.
.Seasonal vendors.
5.12.010 License and tax paym ent required. Every person
transacting and carrying on the businesses herein enumerated shall obtain
a license and pay a license as set out in this chapter.
5.12.020 utilities. Every person in the business of operating a
public utility within the city, shall obtain a license and pay an annual
license tax based upon the average number of persons employed within the
city during the previous calendar year at the following rates:
One employee $ 50.00
Each additional employee 15.00 each
Maximum $5,000.00
5.12.030 Hospitals. Every person carrying on the business of
conducting, managing or operating a hospital, rest home, sanitarium,
)nvalescent home or other similar establishment or institution within
Le city shall pay an annual license tax in the amount of fifty dollars
>r the first bed. and five dollars for each additional bed; provided,
)wever, that any such hospital or- sanitarium conducted or carried -on by
ie city or any other political subdivision shall be exempt from the
3yment of the license tax specified in this section.
5.12.040 Rentals. A business license tax is imposed upon the
asiness of renting living accommodations as follows:
Single Family, condominium, duplex, triplex, fourplex:
For the first unit per year $ 50.00
For each additional unit per year 25.00 each
Apartments, hotels and motels: 50.00
For the first unit per year $
For each additional unit per year 5.00 each
The minimum rate applies to each separate location.
For the purpose of the imposition of the tax hereby imposed, an
owner- occupied unit shall not count as a taxable unit. Units shall mean
:he smallest rental unit let for rent or lease in hotels, motels,
apartments, single family homes, duplexes, triplexes, fourplexes,
;ondominiums, mobile homes, or any other structure in which people are
Loused.
5.12.050 Trailer parks and mobile
recrea tional business of
^enting or letting parking space
;sailers or mobile homes which. are used for living quarters or
Zousekeeping purposes, or conducting an automobile trailer park or mobile
:some park for such trailers, a license fee shall be paid according to the
number of trailer spaces within the city for rent or to let as follows:
at the rate of fifty dollars per year for the first unit and five dollars
for each additional unit.
5.12.060 Taxicabs. For the business of operating a taxicab or
taxicabs, which shall include the picking up and /or delivering of
passengers within the limits of the city, a charge shall be made for each
person or firm engaged in such business which shall be determined by the
number of taxicabs operated, and the rate for each such taxicab so
operated shall be the sum of seventy five dollars per year for one
taxicab and fifty dollars for each additional taxicab.
5.12.070 Motor vehicle delivery. Every person who collects,
gathers, picks up, loads, or delivers goods, wares or merchandise within
the city from or to a point inside or outside the city, by means of a
motor vehicle, four or more times within any twelve month period, shall
pay a license of seventy five dollars.
A vehicle delivering to or from a licensed person with a fixed place
of business within the city is exempt when the vehicle is the property of
the licensed person.
5.12.080 Peddlers and solicitors. Each peddler or solicitor for
:tail orders for services, goods, wares, merchandise, property of all
Lnds,_ books,maps, pictures, photographs or enlargements of pictures or
iotographs, provided such peddler is not - dealing -in items invo -1 -ved in
iterstate commerce, shall pay a license tax base upon the duration of
ctivity as follows:
A. Fifteen dollars a day, per person;
B. One hundred dollars for six months, per person;
c. Two hundred dollars a year, per person.
his classification includes vendors who sell items on private property
elonging to others.
5.12.090 Astrologers. For every person who, within the city,
arries on, practices or professes to practice the business or art of
strology, palmistry, phrenology, life readings, fortune - telling,
:artomancy, handwriting analysis, chirography, clairvoyance,
:lairaudience, crystal gazing, hypnotism, mediumship, prophecy, augury,
dvination, magic, necromancy, numerology, or similar business, trade or
:alling, and who shall not be prohibited from doing or conducting any of
these practices, professions, businesses or callings by any statute of
:his state, ordinance of the city, or by any other law, and who demands
>r receives a fee or exhibition thereof at any place where an admission
°ee is charges, four hundred dollars per quarter or fraction thereof.
Che provisions of this subsection shall not apply to those persons
Droviding bona fide and incidental entertainment and amusement for the
guests and patrons of and on the premises of any other business duly
Licensed by the city for which no separate or additional charge or
consideration shall be paid by the guests and patrons or received or
accepted by the persons who perform or practice such business or arts.
5.12.100 Coin - operated machines. Every person who rents, leases or
operates any coin - operated weighing, amusement, mechanical or electronic
play device, vending or other coin - operated machines (excluding coin -
operated car washes and coin or bill operated service stations) in the
city shall pay a license fee on gross receipts, directly attributable to
the business activities conducted within the city, pursuant to the
following:
All applicable machines or play 2% of gross receipts
devices other than laundry with no maximum
machines
Laundry equipment .5% of gross receipts
with no maximum.
5.12.110 Laundry equipment. Every person who rents, leases or
operates any laundry equipment, whether or not coin - operated, in the
city, shall pay a license fee on his gross receipts, directly
attributable the the sch dule a activities conducted
to weighing andh1coinh
pursuant to operated
businesses.
5.12.120 Junkyards. Junkyards and wrecking yards shall pay a tax
E five hundred dollars per year.
5.12.130 Circuses, tent shows and sideshows. Circuses, tent shows,
ad sideshows shall pay a tax of four hundred dollars per consecutive 24
ours.
5.12.140 Auctioneers. Every person who auctions property within
he city shall pay a license fee of one hundred dollars for the first day
nd fifty dollars for each additional day during the year; provided,
owever, no license fee for the privilege of auctioning real estate shall
e collected form any real estate auctioneer, whose business is limited
;xclusively to auctioning real estate, unless he maintains a permanent
dace of business within the city.
5.12.150 Liquidators. Liquidators, or any business specializing in
:onducting "going- out -of- business" sales shall pay the following tax:
First day $ 150.00
Each additional day -- 75.00
5.12.160 Theaters. Theaters shall pay the following tax:
A. 'Indoor: 100.00
1. 200 seats or smaller $
2. 201 seats or greater 200.00
B. Outdoor:
1. Less than 100 spaces 150.00
5.12.170, Self storage rental. Every person who rents space to the
public for storage shall pay one dollar per space per year with a minimum
fee of one hundred dollars.
5.12.180 Seasonal vendors. Any person engaged in seasonal vending
to the public (Christmas tree, pumpkin patch or any similar activity)
shall pay a business license fee of one hundred dollars per activity.
Section 3. This ordinance shall be in full force and effect on
January 1, 1992. The City Clerk is directed to post the ordinance in
accordance with the requirements of law.
DULY AND REGULARLY ADOPTED this 26th day of November, 1991.
ATTEST:
CI OF ROHNERT PARR
Mayor
Deputy Cit
HOLL+ twAULWPKINS _BY1 REILLY _Aa SPIRO � ECK .BYE
0
4 NOES: 0 ABSENT I ABSTAIN