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ORD 063 1 I `SS Z ORDINANCE NO. 63 . i AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING THE BUSINESS LICENSE ORDINANCE ADOPTED APRIL 9, 1974 BY ORDINANCE NO. 27 AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE. . 1 E THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY ORDAIN AS FOLLOWS Section 1, The Business License Ordinance, being Chapter 4 of Article VI of the Rancho Palos Verdes Municipal Code, is hereby amended as follows (A) Section 6401 is amended by repealing and deleting . „„ paragraph 6 of Subsection (d) (B) Section 6410 is amended by amending the next to last paragraph to read: "If the amount of the license tax to be paid by the applicant is measured by gross receipts or by the number of . dwelling units or square feet of commercial or industrial buildings constructed as herein provided, or by the number of vehicles used or other computation, count or similar criteria, he shall estimate the gross receipts or. number of bedrooms and dwelling units or number of square feet of commercial or industrial buildings constructed, or the number of vehicles to be used or other criteria, respectively, for the period to be covered by the license to be issued. Such estimate, if accepted by the Collector as reasonable, shall be used in determining the amount of license tax to be paid by the applicant; provided, however, the amount of the license tax so determined shall be tentative only, and such person shall, within thirty (30) days after the expir- ation of the period for which such license was issued, - furnish the Collector with a sworn statement, upon a form furnished by the Collector, showing the actual gross receipts or number of dwelling units or square feet of commercial or industrial buildings constructed, or number of vehicles or other criteria, respectively, during the period of such license, and the license tax for such period shall be finally ascertained and paid on the basis of such actual gross receipts, number of bedrooms and dwelling units or square feet or number of vehicles or other criteria, as the case may be, after deducting from the payment found to be due, the amount paid at the time such first- license was issued. " (C) Section 6411 is amended to read: "6411. Renewal License. In all cases, the appli-- cant for the renewal of a license shall submit to the Collector for his guidance . in ascertaining the amount of - the license tax to be paid by the applicant, a sworn state- ment, upon a form to be provided by the Collector, setting forth such information concerning the applicant' s business during the preceding year (or such other period as may be applicable if the license tax period is less than one year) as may be required by the Collector to enable him to ascertain the amount of the license tax to be paid by said . applicant pursuant to the provisions of this Chapter. y w r:-. .i.. r, :tea 5. - ' i (D) Section 6421 is amended by amending the first. paragraph thereof to read: "For failure to pay a license tax when due, the Collector shall add a penalty of 5% of said license tax on the delinquency date and a like penalty upon the expiration of each additional period of time thereafter equal to the period of time from the due date to the delinquency date, provided that the amount of such penalty to be added shall in no event exceed 50% of the amount of . the license tax due. The penalty may be waived by the Collector on proof satisfactory to the Collector of d absence of notice of accrual of the tax or of unusual or special circumstances not applicable to tax payers genes a ally that render imposition of the penalty inequitable or unjust." (E) section 6423 is amended by amending the first , i paragraph of said section to read "Except as expressly otherwise provided in this section or in section 6424 or elsewhere in this chapter, every person who engages in business at a fixed place of business within the City shall pay a license tax measured by the gross receipts of such business within the City for the immediately preceding calendar year, at the following rates and in the following classifications: " - (F) Section 6423.6.1 is amended to read: "6423.6 .1 General Building Contractor; State license classification: A and B-1, where not engaged in business as a Residential Builder or Developer as defined • in Section 6424 .1 or as a Commerical or Industrial Builder or Developer as defined in Section. 6424 .2 • (Annual) $100.00. " (G) Section 6 424 is amended. to read: "6424. License Tax - Builders, Developers. Every person who engages in a business spec:. fLed .n this section 6424, or in sections 6424 .1 or 6424 . 2, at o fixed place of business or at a building, construction or develop- ment site or location within the City shall pay a license tax measured by the number of bedrooms and/or dwelling units constructed by such person in the City computed as set forth in sections- 6424 .1 and 6424 .3 or the number of square „- - feet of comercial or industrial building . constructed by such .person in the City computed as set forth in sections 6424. 2 and 6424 . 3. Such •license tax measurement shall be - based upon construction ' durring the tax year. The applicant shall initially estimate the number of bedrooms and dwelling units or square feet of commercial or industrial buildings to be constructed in the City during the tax year and the Collector shall determine the amount of license tax - in like manner as provided in section 6410 . The amount of license tax so determined shall be paid by the applicant, subject to final ascertainment and adjustment at the end of the tax year on the basis of the actual number of bedrooms, dwelling units or square feet of commercial or industrial buildings constructed during the tax year in . like manner as provided in section 6410 . " Ordinance No. 63 2 r.. (H) Section 6424 .1 is amended by adding at the present end of said section: "General Building Contractors having a State Contractor' s License A or B-1 and engaged solely in contracting to build or building for an owner or principal for a fee or other compensation and having no ownership interest or option or contract right to acquire an ownership interest in the project are not included in the classification provided for in this section 6424 .1. " (I) Section 6424. 2 is amended by adding at the present end of said section: "General Building Contractors having a State Contractor' s License A or B-1 and engaged solely in contracting to build or building for an owner or principal for a fee or other compensation and having no ownership interest or option or contract right to acquire an ownership interest in the project are not included in the classification provided for in this section 6424. 2 . " (J) Section 6424. 4 is amended to read: "6424 .4 Exclusions, Exemptions, Credits. (a) The amounts of all excise taxes which shall have been paid to the City by any builder or developer under the provisions of chapter 7 of Article VI of the Rancho Palos Verdes Municipal Code with respect to any residential, commercial or industrial construction or occupancy, shall be credited against the amount of license tax which would otherwise be measured in whole or in part by the same construction and payble by such builder or developer under the provisions of sections 6424 to 6424 .4 inclusive. The amount of license taxes paid to the City by any builder or developer under the provisions of this chapter 4 for any tax year shall be credited against the amounts of excise tax which would otherwise become payable during such year under the provisions of said chapter 7 of Article VI with respect to construction or occupancy of residential, commercial or industrial building, the construction of which shall have been included in the measure of such license tax. It is the intent of this section that one tax shall be imposed upon a builder or developer with respect to construction and occupancy of residential, commercial and industrial buildings and that in no event shall double taxation be imposed by virtue of the provisions of said chapter 7 and this chapter 4 . (b) A builder or developer within the meaning of sections 6424, 6424.1 and 6424 .2 shall not be required to pay the license tax imposed upon contractors under the provisions of section 6423 with respect to any residential, commercial or industrial construction as to which such licensee is a builder or developer. " Section 2 . The provisions of this ordinance shall be deemed to be declaratory of the legislative intent in adopting the existing chapter 4 of Article VI of the Rancho Palos Verdes Municipal Code and not a substantive modification thereof. Ordinance No. 63 -3- S e c t i o n . This ordinance relates to taxes for the usual and current expenses of the City and, pursuant to the provisions of Government Code Section 36937 shall take effect immediately. PASSED, APPROVED AND ADOPTED this 21st day of January, 1975 , by the following vote: AYES: Dyda, Ruth, R. Ryan, M. Ryan NOES: None ABSENT: Buerk � / May/r ATTEST: &/-4 C.i t. Clerk.. Y I HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 63 pased and adopted by the City Council of the City of Rancho Palos Verdes at a meeting thereof held on the 21st day of January , 1975, and that said Ordinance was posted pursuant to law. City Clerk Ordinance No. 63 -4- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CERTIFICATE OF POSTING CITY OF RANCHO PALOS VERDES ) The undersigned declares and certifies under penalty of perjury: That he at all times herein mentioned was and now is the duly qualified and acting City Clerk of the City of Rancho Palos Verdes, California; n '716 That on the ..e ( day of .... .._, 19 765-1°, he caused to be posted in three consp cuous pu ic places, as required by law, 1 a copy of which is attached hereto, in the following public places in this City: City Hall 31244 Palos Verdes Drive West Los Angeles County Fire Station 4000 Miraleste Plaza Ridgecrest Intermediate School , * 28915 Northbay Road Dated this .? 71a4 day of -- , 197v- . LEONARD G. WOOD, CITY CLERK EX OFFICIO CLERK OF THE COUNCIL iltieffr"- By 11 . Deput7