HomeMy WebLinkAboutORD 842ORD 842 Ü h£Ÿjì Ó ORDINANCE NO. 842
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK ESTABLISHING A
CITYWIDE BUSINESS IMPROVEMENT AREA IN
THE CITY OF BALDWIN PARK.
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. That the City Council of the City of
Baldwin Park hereby finds, determines and declares as follows:
a) That pursuant to Section 36500 et seq. of the
Streets and Highways Code of the State of
California, the City Council adopted, on
August 18, 1982, that certain Resolution
No. 82-74, dated August 18, 1982, entitled,
A Resolution of the City Council of the City
of Baldwin Park Declaring its Intention to
Establish a Citywide Business Improvement Area
in the City of Baldwin Park", and caused said
resolution to be duly published and mailed as
provided by law.
b) That a public hearing concerning the formation
of said Citywide Business Improvement Area
hereinafter Area") was held on September 15, 1982,
at the hour of 7:00 P.M. in the City Council
Chambers of the City Hall of the City of Baldwin
Park.
c) That at said hearing all written and oral protests
made or filed were duly heard, evidence for and
against the proposed action was received, and a
full, fair and complete hearing was granted and
held.
d) That all protests, both written and oral, were
duly overruled and it was determined by the
Council that there was no majority protest within
the meaning of said Streets and Highways Code,
Section 36500 et seq.
e) That the public interest, convenience and
necessity require the establishment of the
proposed Area.
f) That businesses conducting their activities within
the Area will benefit by the expenditure of funds
raised by the charges as contemplated by said
Section 36500, et seq.
SECTION 2. ESTABLISHMENT OF AREA. Pursuant to
Section 36500 et seq. of the Streets and Highways Code of the
State of California, a business improvement area designated as
the Citywide Business Improvement Area of the City of Baldwin
Park is hereby created and established.
SECTION 3. DESCRIPTION OF AREA. The Area shall
include all of the territory within the exterior boundaries of
the City of Baldwin Park, as the same exist on the date of
adoption of this Ordinance.
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842
SECTION 4. SYSTEM OF CHARGES. The following
charges, in addition to the business license tax required by
the Municipal Code, shall be levied upon those classes of
businesses which are not exempt by law and which are conducting
their activities within such Area.
CLASSIFICATION OF BUSINESSES AM3UNT OF ANNUAL CHARGES
CLASS A
Hospitals
Manufacturing Operations
M3rticians
Wholesale Operations
X-ray Laboratories
All other similar uses
An annual charge equal to sixl
percent 60%) of the
City business license tax
applicable to each respective
business.
CLASS B
Accountants
An annual charge equal to
seventy-five percent 757o)
of the City business license
tax applicable to each
respective business.
Appraisers
Architects
Attorneys at Law
Auditors
Auto Repair Operators
Bacteriologists
Chemists
Chiropodists
Chiropractors
Collection Agencies
Contractors
Dentists
Detective Agencies
Engineering Consultants
Entomologists
Geologists
Oculists
Opticians
Optometrists
Osteopaths
Physicians
Physiotherapists
Private Patrol Officers
Public Bookkeeping,
Accounting and Income
Tax Services
Real Estate Brokers
Service Stations
Surveyors
Veterinarians
All other professions
licensed and regulated
by the State of California
and not specifically other-
wise classified herein
All businesses with business
address outside Area but
licensed by City to conduct
business within Area with
the following exceptions:
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1) Such businesses
included under A
above
2) Advertising Agencies,
included under C below:
3) Newspaper Publishers,
included under C below.
CLASS C
All other businesses not included An annual charge equal to
within Class A or B, including ninety percent 90%) of the City
the following: business license tax
applicable to each such
Advertising Agencies respective business
Antique Stores
Appliance Stores
Auctioneers
Automobile Dealers
Automobile Supply Stores
Auto Wrecking Yards
Bakeries
Barber Shops
Bars
Beauty Shops
Billiard and Pool Halls
Book Stores
Bowling Alleys
Cafes
Carnivals and Circuses
Clothing Stores
Dance Halls
Deliveries
Department Stores
Dry Cleaning Establishments
Employment Agencies
Flower Shops
Food Stores
Furniture Stores
Gift Shops
Glass Shops
Hardware Stores
Hotels and Motels
Ice Vendors
Junk Dealers
Laundromats
Liquor Stores
Locksmiths
Massage Parlors
Newspaper Publishers
Paint Stores
Pawn Shops
Personal and Real Estate
Loan Agents and Agencies
Pet Shops
Pharmacies
Photography Studios
Printers, Silk Screen and
Graphic Arts
Radio and Television Operations
Rental/Leasing Companies
Restaurants
Retail Drug Stores
Second-hand Dealers and Stores
Self-service Car Washes
Shoe Repair Shops
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Solicitors
Tailors
Theatres
Toy Stores
Trade Schools
Trading Stamp Agencies
and Redemption Centers
All other businesses involving retail
sales and/or similar in use to the above
a) Exemptions. No charges shall be levied upon
the following:
1) Apartments, rest homes, rooming houses,
and trailer parks;
2) Public utilities;
3) Any business required to have a business
license for a home occupation within the
meaning of the City zoning regulations;
4) Any organization required to obtain a permit
to conduct bingo games
b) Payment of Charge. The charge hereby levied
shall be due and payable and shall be paid at the
same time and in the same manner that the business
license imposed by the City Code is due and payable
c) Payment Prerequisite to License.
1) No business license shall be issued pursuant
to the Baldwin Park Municipal Code unless
the business license charge hereby imposed
is paid together with the business license
payable pursuant to the said Code; and
2) A business license shall be considered
unpaid and penalties shall be assessed upon
the total amount at the rate specified in
Article IV, Chapter 1, Section 4020 of the
Municipal Code, until such time as both the
business license tax and the charge are paid.
d) Multiple Businesses.
1) Where one owner has multiple businesses in
the same class or combinations of two or
more of the above classes, all of which are
at the same location: The total charge for
that location under this Ordinance shall be
the highest charge of any one of those
businesses when considered individually
according to their classifications herein.
2) Where multiple owners have businesses in
the same class or combinations of two or
more of the above classes, all of which are
at the same location: The total charge to
each owner under this Ordinance shall be the
highest charge of any one of the individual
owner's businesses at the location when
considered according to their classifications
herein.
e) Maximum Assessment. No annual charge levied in accordance
with the system of charges defined herein shall exceed
$450.
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f) New Businesses Charge Exemption, Any proposed
business may file for an exemption of the
charge fee. The procedure for such waiver shall
be established by resolution of the City Council.
g) Charge Transferability. There shall be no
additional charge for any business which
transfers the same business to any location
within the Area.
h) Refusal to Pay Charge. No person shall fail or
refuse to pay the additional business license
charge imposed.
i) Statement of Charge Due. A written statement, on
such forms as may be required or furnished by the
City Manager, shall be filed when the charge is
paid.
SECTION 5. VOLUNTARY CONTRIBUTION. Any business
which is exempt from the payment of the charge by reason of the
provisions of the Constitution of the United States or the State
of California or by business class exemption as designated in
a) above, may make voluntary contributions to said Area for the
purposes provided in this Ordinance.
SECTION 6. USE OF REVENUES. Uses of revenues
derived from charges imposed pursuant to this Ordinance shall be
limited to the following:
a) decoration of any public place in the Area
b) promotion of public events which are to take
place on or in the Area
c) furnishing of music in any public place in the
Area
d) the general promotion of business activities
in the Area
SECTION 7. FUND. There is created a special fund
designated as Citywide Business Improvement Area Fund" into
which all revenues derived from charges and contributions under
this Ordinance shall be placed and such funds shall be used
only for the purposes specified in this Ordinance.
SECTION 8. EXPENDITURES. The City Council shall
annually approve a budget to include an estimate of expenditures
to be made from the Citywide Business Improvement Area Fund to
carry out the purposes of this Ordinance.
SECTION 9. CITY COUNCIL ADVISORY COMMITTEE. For
the purpose of advising the City Council, making recommendations
to them on the operation and extent of the Area, the methods and
ways in which the revenue derived from the levy of the special
business license charge imposed by this Ordinance might be used,
and performing such other powers and duties as the City Council
may determine, a City Council Advisory Committee shall be
established by Resolution of the City Council.
SECTION 10. AMENDMENTS, Businesses within the Area
established by this Ordinance shall be subject to any amendments
to Section 36500 et seq. of the Streets and Highways Code.
SECTION 11. EFFECTIVE DATE. This Ordinance shall
apply to business license taxes levied for the calendar year 1983
and each year thereafter and the additional charges imposed by
this Ordinance shall be due and payable from January 1, 1983.
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SECTION 12. If any section, sentence, clause or
phrase of this Ordinance is, for any reason, held by a court
of competent jurisdiction to be invalid, such decision shall
not affect the validity of the remaining portions of this
Ordinance. The City Council of the City of Baldwin Park hereby
declares that it would have passed and does hereby pass this
section and each sentence, section, clause and phrase hereof,
irrespective of the fact that any one or more sections, sentences,
clauses, or phrases be declared invalid or unconstitutional.
SECTION 13. That the City Clerk shall certify to
the adoption of this Ordinance and cause the same to be published
in the manner prescribed by law. \
PASSED AND APPROVED this /L7th day of November 1932
ATTEST:
CITY^feERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES) ss:
CITY OF BALDWIN PARK
I, LINDA L. GAIR, City Clerk of the City of Baldwin Park
do hereby certify that the foregoing Ordinance No. 842 was
regularly introduced and placed upon its first reading at a regular
meeting of the City Council on the 3rd day of November 1982.
That, thereafter, said Ordinance was duly adopted and passed at a
regular meeting on the l7fh day of November 1982, by the
following vote:
AYES: COUNCIIJMEN IZELL, AGUILAR, McNRTLL AMD MAYOR WHTTF.
NOES: COUNCILMEN KING___________________________
ABSENT: COUNCILMEN MON-R
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