HomeMy WebLinkAboutCC ORD 1992-2037ORDINANCE NO. 92-2037
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NATIONAL CITY AMENDING VARIOUS SECTIONS OF
TITLE 6 OF THE NATIONAL CITY MUNICIPAL CODE
PERTAINING TO BUSINESS LICENSES AND
REGULATIONS
BE IT ORDAINED by the City Council of the City of
National City as follows:
Section 1. That Section 6.04.050 of the National Cit
Municipal Code, and Section 5 of Ordinance No. 1652 are he y
amended to read as follows: reby
6.04.050 Separate licenses required for
branch establishments. A separate license must be
obtained for each branch establishment or each location
of the business transacted and carried on, and for each
separate type of business at the same location. Each
license shall authorize the licensee to transact and
carry on only the business licensed thereby at the
location or in the manner designated in such license.
Warehouses and distributing plants used in connection
with and incidental to a business license shall not be
deemed to be separate places of business or branch
establishments. Any person conducting two or more types
of businesses at the same location and under the same
management, or at different locations, but which
businesses use a single set or integrated set of books
and records, may, at his or her option, pay only one
tax calculated on all gross receipts of the businesses
under the schedule that applies to the predominant
business. The predominant business is the business
which records the highest amount of gross receipts. A
license fee of twenty dollars for each additional
branch or location shall be paid upon issuance.
Section 2. That Section 6.04.080 of the National City
Municipal Code, and Section 8 of Ordinance No. 1606 and Section2
of Ordinance No. 1652 are hereby amended to read as follows:2
6.04.080 First License. Upon a person making
application for the first license to be issued
hereunder or for a newly established business, such
person will be required to pay Y � fiftydollars, the
minimum license fee.
Upon a person's making application
for a license in the following (second) year, in
addition to paying that year's fee, such person will be
required to pay the difference between the first year
minimum fee (fifty dollars) and the actual first ear
gross receipt bracket rate.e y
expires, for all future licenses the secondlicense
person will be
Ordinance No. 92-2037
Page 2 of 7
required to pay the amount for that type of business as
set forth in this chapter.
Section 3. That Section 6.04.150 of the National City
Municipal Code, and Section 15 of Ordinance No. 1606 are hereb
amended to read as follows: Y
6.04.150 License tax -- How and when payable.
Unless otherwise specifically
license taxes under the provisions providedof �thisl chnpuetr
shall be due and payable in advance on the first day
January of each year and delinquent on the first day of
March.
Section 4. That Section 6.04.160 of the National City
Municipal Code, and Section 16 of Ordinance No. 1606 and Section
3 of Ordinance No. 1652 are hereby amended to read as follows:
6.04.160 Delinquent taxes--penalties--
Installment payment. A. For failure to pay a license
tax when due, the collector shall add a penalty of
twenty percent of the license tax on the first day of
March and on the first day of each month thereafter
provided, that the amount of such penalty to be added
shall in no event exceed one hundred percent of the
amount of the license tax due.
B. No license or sticker, tag, plate, or
symbol shall be issued, nor shall one which has been
suspended or revoked be reinstated or reissued to any
person, who at the time of applying therefor, is
indebted to the city for any delinquent license taxes, unless such person, with the consent of the collector,
enters into a written agreement with the city, through
the collector, to pay such delinquent taxes, plus a
twenty -percent annual penalty charge upon the unpaid
balance, in monthly installments, or more often,
extending over a period of not to exceed one year.
C. In any agreement so entered into, such
person shall acknowledge the obligation owed to the
city and agree that, in the event of failure to make
timely payment of any installment, the whole amount
unpaid shall become immediately due and payable, and
that his or her current license shall be revocable by
the collector upon thirty days' notice. In the event
legal action is brought by the city to enforce
collection of any amount included in the agreement,
such person shall pay all costs of suit incurred by the
city or its assignee, including a reasonable attorney's
fee. Nothing in this section shall preclude the city
Ordinance No. 92-2037
Page 3 of 7
from taking legal action in accordance with Section
6.04.250. The execution of such an agreement shall not
prevent the prior accrual of penalties on unpaid
balances at the rate provided in this section, but no
penalties shall accrue on account of taxes included in
the agreement, after the execution of the agreement,
and the payment of the first installment and during
such time as such person shall not be in breach of the
agreement.
Section 5. That Section 6.04.190 of the National City
Municipal Code, and Ordinance Nos. 1615 and 1627, and Section 19
of Ordinance No. 1606 are hereby amended to read as follows:
6.04.190 Computation of total business tax.
A. The total business tax levied by this section shall
be the sum of the tax set forth in the tax table in
Appendix "A" attached hereto based on gross receipts by
business classification. The base tax rate shall be set
at twelve dollars per ten thousand dollars of gross
receipts with a minimum business license tax of fifty
dollars. Depending on the business classification, the
person shall pay twelve dollars, sixteen dollars,
twenty dollars, twenty-four dollars, twenty-eight
dollars or thirty-two dollars per ten thousand dollars
based on a descending scale as set out in Appendix B
attached to Ordinance 1606, on file in the city clerk's
office. Business classifications will be reviewed
periodically to determine if the percentage of profits
received by the various businesses has changed.
B. No tax shall be charged against the
gross receipts of any business in excess of twenty two
million dollars per year.
Section 6. That Section 6.04.200 of the National City
Municipal Code, and Ordinance No. 1657 and Section 20 of
Ordinance No. 1606 are hereby amended to read as follows:
6.04.200 Delivery by vehicle --Optional rate.
A. Every person not having a fixed place of business
within the city, and not being herein otherwise
licensed or classified, who on a regular basis delivers
goods, wares or merchandise of any kind by vehicle or
who provides any service by the use of vehicles in the
city, shall pay a license tax of sixty-five dollars
annually; provided, that any such person may elect to
pay a license tax measured by classification and gross
receipts derived from such person's business within the
city and set out in Section 6.04.190.
Ordinance No. 92-2037.
Page 4 of 7
B. Any person operating a vehicle in the city
from which is dispensed or vended any food products or
beverages shall pay an annual license fee of two
hundred dollars per year per vehicle operated within
the city; provided, that any such person may elect to
pay a license tax measured by classification and gross
receipts derived from such person's business within the
city and set out in Section 6.04.190.
Section 7. That Section 6.04.210 B of the National
City Municipal Code, and Section 21 of Ordinance No. 1606 and
Section 21 of Ordinance No. 1652 are hereby amended to read as
follows:
6.04.210 Outside businesses. B. Out -of -city
Contractors. Every person engaged in any trade,
calling, occupation, vocation, or profession as an A or
B (General) Contractor, who does not have a fixed place
of business in the city, shall pay annually a license
tax of two hundred dollars. Every person engaged in any
trade, calling, occupation, vocation or profession as a
C (subcontractor, Specific) Contractor, who does not
have a fixed place of business in the city, shall pay
annually a license tax of one hundred thirty five
dollars. Any outside contractor may elect to pay a
license tax measured by classification and gross
receipts derived from such contractor's business within
the city and set out in Section 6.04.190.
Section 8. That Section 6.14.020 of the National City
Municipal Code, and Section 1(a) of Ordinance No. 1337 are
hereby amended to read as follows:
6.14.020 Fees. The license fee for every
person conducting, managing, carrying on or engaged in
any adult book store or movie business shall be as
follows:
Adult book stores $535.00 per year
Adult only movie theaters $535.00 per year
Section 9. That Section 6.18.020 of the National City
Municipal Code, and Section 41 of Ordinance No. 708 and Ordinance
No. 1048 are hereby amended to read as follows:
6.18.020. License Fee. Every person
conducting, managing or carrying on the business of
shooting galleries or amusement arcades shall pay the
Ordinance No. 92-2037
Page 5 of 7
sum of two hundred sixty five dollars per year.
Section 10. That Section 6.20.020 of the National City
Municipal Code and Section 2 of Ordinance No. 1407 are hereby
amended to read as follows:
6.20.020 Minimum license fee. A minimum business
license fee of fifty dollars shall be paid by any
person, firm, corporation, partnership or other entity
for engaging in the business of renting residential
rentals in the city, starting with the third unit.
Section 11. That Section 6.22.170 of the National
City Municipal Code, and Section 17 of Ordinance No. 811 are
hereby amended to read as follows:
6.22.170 License fees. The annual fee for a
Class A license is one hundred thirty five dollars. The
fee for each Class B license is ten dollars per day.
The annual fee for a Class C license is one hundred
thirty five dollars. The annual license fees shall be
due on January 1st and delinquent on March 1st.
Section 12. That Section 6.24.010 of the National
City Municipal Code, and Section 1 of Ordinance No. 1012 are
hereby amended to read as follows:
6.24.010 License fees --Standard size alleys.
Every person conducting, managing and carrying on the
business of a bowling alley having standard size alleys
shall pay a license fee of two hundred sixty five
dollars per year, and in addition thereto, shall pay
the sum of five dollars per quarter for each and every
alley therein.
Section 13. That Section 6.30.010 of the National
City Municipal Code, and Section 1 of Ordinance No. 963 are
hereby amended to read as follows:
6.30.010 License fee--Dancehall. Every person
conducting, managing or operating a public dancehall,
except public dances operated or maintained in
connection with any business or any place where
intoxicating liquor is sold or served shall pay a
license fee of eight hundred five dollars per year;
provided, however, that a ballroom dancehall, which
does not sell or serve intoxicating liquor and which is
being conducted as a related business on the same
premises as a dancing academy licensed pursuant to the
Ordinance No. 92-2037
Page 6 of 7
provisions of this title, need not pay such eight
hundred five dollar fee.
Section 14. That Section 6.38.170 of the National City
Municipal Code and Section 2 of Ordinance No. 1125 are hereby
amended to read as follows:
6.38.170 Operator license fees. Every person
conducting, managing or operating a business in which
taxicabs or for -hire vehicles are used, shall pay a
license fee of sixty-five dollars per year for each
such taxicab or for -hire vehicle.
Section 15. That Section 6.40.010 of the National
City Municipal Code is hereby amended to read as follows:
6.40.010 Permit required. Any engaging
in the business of "palmistry," " palm reading,"
"fortunetelling," "spiritualism," "numerolo
reading,""tea leaf reading" or any othery,form "card
prognostication of future events or the giving of
personal advice and counseling, must obtain a permit to
engage in such business pursuant to this chapter and
pay a license fee of two hundred sixty five dollars per
year.
Section 16. That Section 6.54.010 of the National
City Municipal Code, and Section 40 of Ordinance No. 708 are
hereby amended to read as follows:
6.54.010 Fees --Applicability. Every person
conducting, managing or carrying on the business of
pawnbroker shall pay the sum of four hundred dollars
per year.
Nothing in this section contained shall be
deemed or construed to apply to the loaning of money on
personal property or personal security by any bank
authorized to do so under the laws of the state.
Section 17. That Section 6.60.100 of the National
City Municipal Code, and Section 12 of Ordinance No. 1231 are
hereby amended to read as follows:
6.60.100 Annual license fee. The operator of
a swap meet shall pay an annual license fee in the
amount of six thousand dollars payable quarterly.
Section 18. That Section 6.64.010 of the National
City Municipal Code, and Section 1 of Ordinance No. 986 are
Ordinance No. 92-2037
Page 7 of 7
hereby amended to read as follows
6.64.010 License fee. Each and every person
owning, operating or controlling a mobile amusement
vehicle shall pay a license fee of sixty five dollars
per year.
Section 19. That Section 6.66.010 of the National
City Municipal Code, and Section 1 of Ordinance No. 937 are
hereby amended to read as follows:
6.66.010 License fee. Every person
conducting, managing carrying on, or engaged in the
business of advertising by means of any mobile
searchlight or searchlights, used for advertising
purposes upon public streets or upon private or public
property in the city shall pay a license fee of one
hundred thirty five dollars per year.
PASSED and ADOPTED this 1st day of September , 1992.
ATTEST:
Lor' Anne Peoples ity Clerk
APPROVED AS TO FORM:
George H. EiserIII
City Attorney
AILLA.,Te hi- Lt.JGege H. Waters, Mayor
Passed and adopted by the Council of the City of National City, California,
on September 1, 1992 by the following vote, to -wit:
Ayes: Councilmen Dalla, Inzunza, Van Deventer, Zarate, Waters
Nays: Councilmen None
Absent: Councilmen None
Abstain: Councilmen None
AUTHENTICATED BY:
GEORGE H. WATERS
Mayor of the City of National City, California
City erk of the City of National City, alifornia
By:
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted
until seven calendar days had elapsed between the days of its introduction
and the days of its final passage, to wit, on
and on ...Sept embe.r...1.,...1.9.92
August 18, 1992
I FURTHER CERTIFY THAT said ordinance was read in full prior to its
final passage or that the reading of said ordinance in full was dispensed
with by a vote of not less than a majority of the members elected to the
Council and that there was available for the consideration of each mem-
ber of the Council and the public prior to the day of its passage a written
or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and cor-
rect copy of ORDINANCE NO.92-2037 of the City of National City, passed
and adopted by the Council of said City on September 1, 1992
(Seal)
City Clerk of the City of National City, California
By:
Deputy
di
Appendix A
TAXABLE
RECEIPTS
0
5,000
20,000
50,000
100,000
200,000
300,000
400,000
500,000
600,000
700,000
800,000
900,000
1,000,000
1,100, 000
1,200,000
1,300, 000
1,400,000
1,500,000
2,000,000
2,500,000
3,000,000
3,500,000
4,000,000
5,000,000
6,000,000
8,000,000
11,000,000
14,000,000
16, 000, 000
18, 000, 000
20,000,000
22, 000, 000
BUSINESSES CHARGED ON GROSS RECEIPTS
TAX TABLE
GROSS
BRACKET
4,999
19,999
49,999
99,999
199,999
299,999
399,999
499,999
599,999
699,999
799,999
899,999
999,999
1,099, 999
1,199, 999
1,299,999
1,399,999
1,499,999
1,999,999
2,499,999
2,999,999
3,499,999
3,999,999
4,999,999
5,999,999
7,999,999
10,999,999
13,999,999
15,999,999
17,999,999
19,999,999
21,999,999
AND ABOVE
BUSINESS CLASSIFICATION
1 2 3 4 5
50 50 50 50 50
50 50 50 50 50
50 50 50 50 60
50 50 52 60 74
50 50 58 70 81
50 64 80 96 112
60 81 101 121 141
73 97 121 145 169
84 113 141 169 197
96 128 160 192 224
107 143 179 214 250
118 157 197 236 275
129 172 215 257 300
139 185 232 278 324
149 199 248 298 348
159 212 265 318 371
168 224 280 336 392
177 236 296 355 414
222 296 370 444 518
266 355 444 533 621
310 413 516 619 723
352 469 586 703 820
392 523 653 784 915
470 627 783 940 1,096
545 727 908 1,090 1,271
688 918 1,147 1,376 1,606
894 1,192 1,490 1,788 2,086
1,091 1,455 1,819 2,183 2,547
1,217 1,623 2,029 2,434 2,840
1,343 1,791 2,238 2,686 3,133
1,469 1,958 2,448 2,937 3,427
1,594 2,126 2,657 3,189 3,720
1,720 2,294 2,867 3,440 4,014
6
50
50
80
86
93
128
161
194
225
256
286
315
343
371
398
423
449
473
592
710
826
938
1,045
1,253
1,453
1,835
2,384
2,910
3,246
3,581
3,916
4,252
4,587