HomeMy WebLinkAboutORD 847ORD 847 Ü h£Ÿjì Ó / ORDINANCE NO. 847
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BALDWIN PARK ESTABLISHING A CITYWIDE
BUSINESS IMPROVEMENT AREA IN THE CITY OF
BALDWIN PARK. URGENCY)
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*1, 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 the Ordinance,
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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 AMOUNT OF ANNUAL CHARGES
CLASS A
Hospitals An annual charge equal to sixt;
Manufacturing Operations percent 60^) of the
Morticians City business license tax
Wholesale Operations applicable to each respective
X-ray Laboratories business.
All other similar uses
CLASS B
Accountants An annual Charge equal to
Appraisers seventy-five percent 75^)
Architects of the City business license
Attorneys at Law tax applicable to each
Auditors respective business.
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 9°^) f th6 Gity
the following: business license tax
applicable to each such
Advertising Agencies respective business
Antique Stores r
Appliance Stores
Auctioneers
Automobile Dealers
Automobile Supply Stores
Auto Wrecking Yards
Bakeries
Barber Shops
Bars
Beauty Shop
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
$450.00.
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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 Transferabilxty. There shall be no
additionalcharge 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 Fund1^ into which
all revenues derived from charges and contributions under this
Ordinance shall be placed ajid 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 hnposed 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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Notwithstanding the provisions of Section 4019 of the Baldwin Park
Municipal Code, for the calendar year 1983, no penalty shall be imposed
upon a business license tax provided that the same is paid not
later than March 1, 1983.
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 unconsitutional.
SECTION 13. This Ordinance is hereby declared to be
an urgency measure. The said Ordinance shall take effect
immediately upon its adoption. A statement of facts constituting
its urgency is as follows: that the City Council shall
shortly hereafter process, and adopt, an ordinance creating a
Citywide Business Improvement Area; that the ordinance approving
such Area, Ordinance No. 842, will not become effective in
sufficient time so as to permit the processing of 1983 business
license materials; that the public interest, convenience and
necessity require the immediate adoption of this Ordinance so
that the business license processing, for the calendar
year 1983, can be timely accomplished.
SECTION 14. That this ordinance shall expire and be of no
further effect on the 91st day after the enactment of Ordinance
No. 842 by the City Council.
SECTION 15. 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 17th______ day/of NOVEMBER 1982.
z:
MAYOR
ATTEST:
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. 847 was duly approved
and adopted by the City Council, of the Cityof Baldwin Park, as an
Urgency Ordinance at a regular meeting of the City Council on the 17th
day of November, 1982, by the following vote:
AYES: COUNCILMEN AGUILAR, IZELL, McNEILL AND MAYOR WHITE
NOES: COUNCILMEN KING_________________^_________^
ABSENT: COUNCILMENNONE^'77r~l
M^'.^
y aiNDA L. G^ER, CITY CLERK
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