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ORD 623 ORDINANCE NO. 623 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADDING SECTION 5.04.015 (INTENT), AND AMENDING SECTIONS 5.04.050 (LICENSE AND TAX PAYMENT REQUIRED), 5.04.070 (EVIDENCE OF DOING BUSINESS), 5.04.090 (EXEMPTIONS), AND 5.04.440 (ANNUAL CHANGE OF BUSINESS LICENSE TAX) OF CHAPTER 5.04 (BUSINESS LICENSES) OF TITLE 5 (BUSINESS TAXES, LICENSES AND REGULATIONS), RELATING TO BUSINESS LICENSE TAXES WHEREAS, the City Council of the City of Rancho Palos Verdes may, pursuant to its authority under Section 37101 of the Government Code, "license, for revenue and regulation, and fix the license tax upon, every kind of lawful business transacted in the city." WHEREAS, the City Council has provided for a business license tax for the purposes of revenue generation in Chapter 5.04 of the Rancho Palos Verdes Municipal Code. WHEREAS, the City Council now wishes to clarify that the business license tax will only be imposed upon businesses that have a physical presence in the City, no matter how fleeting, to offset the cost of the use of the City's services and infrastructure. WHEREAS, the City Council finds that the CPI-U is a more accurate inflation indicator than the Gross National Product deflator and desires to rely on the CPI-U index for business tax increases. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ORDAINS AS FOLLOWS: SECTION 1: The forgoing recitals are true and correct and are incorporated herein by this reference. SECTION 2: 5.04.015 (Intent) of Chapter 5.04 (Business Licenses) of Title 5 (Business Taxes, Licenses and Regulations) is added as follows: "5.04.015 — Intent. It is the intent of this chapter to provide the city with a mechanism to collect business license taxes from businesses that have a physical presence within the city, or that enter the city to conduct business at any point. The business license tax will contribute to the general fund, and will thereby partially offset the cost of providing city services, such as public roads and other public infrastructure and utilities. To that end, any business that provides services (including construction), supplies, or equipment to any individual or to any entity within the city, and which has any physical presence within the city, however fleeting, shall obtain a business license." SECTION 3: Subsection A of Section 5.04.050 (License and tax payment required) of Chapter 5.04 (Business Licenses) of Title 5 (Business Taxes, Licenses and Regulations) is amended to read: "A. There are imposed upon the businesses, trades, professions, callings and occupations specified in this chapter license taxes in the amounts prescribed in this chapter effective upon the effective date of the ordinance codified in this chapter. It is unlawful for any person to transact and carry on any business, trade, profession, calling or occupation which has any physical presence whatsoever within the city without first having procured a license from the city to do so and paying the tax prescribed in this chapter or without complying with any and all applicable provisions of this chapter." SECTION 4: Section 5.04.070 (Evidence of doing business) of Chapter 5.04 (Business Licenses) of Title 5 (Business Taxes, Licenses and Regulations) is amended to read: "When any person by use of signs, circulars, cards, telephone book, or newspapers, advertises, holds out, or represents that he is in business in the city, or when any person holds an active license or permit issued by a governmental agency indicating that he or she is in business in the city, and such person fails to deny by a sworn statement given to the collector that he or she is not conducting a business in the city, or that his or her business does not require him or her to physically enter the city in any manner, including by his or her agents, representatives, or employees after being requested to do so by the collector, then these facts shall be considered prima facie evidence that he or she is conducting a business in the city." SECTION 5: Subsection (E) of Section 5.04.090 (Exemptions) of Chapter 5.04 (Business Licenses) of Title 5 (Business Taxes, Licenses and Regulations) is added as follows: "E. Any person who does not physically conduct business in the city, or who conducts business in the city but requires no physical presence in the city whatsoever to conduct his or her business in the city, shall not be subject to the license tax. By way of nonexhaustive examples, any person who conducts all business in the city electronically, is not required to obtain a business license; on the 01203.0007/556242.2 Ordinance N o. 623 Page 2 of 4 other hand, site visits, plan review at city hall, or a meeting in the city, shall trigger the business license requirement." SECTION 6: Section 5.04.440 (Annual change of business license tax) of Chapter 5.04 (Business Licenses) of Title 5 (Business Taxes, Licenses and Regulations) is amended to read: "All business license taxes and other fees or charges specified in this chapter shall be changed on January 1, 1979, and on January 1st of each year-thereafter, as follows: A. On January 1, 1979, all such taxes and other fees or charges shall - . • - • - - . .. - . - - • - -- - - - -• -- - • • • . - - . - -- - BA. On January 1st of each year thereafter, all such taxes and other fees orcharges - - - -- - - -- - - - -- - - - •-•• -- - - -•- - - • • - - . .. - . e . • ' - - ■ - • - -- - - - • .. .. - - - - - - - •' - - - - - - - - - may be increased in an amount not to exceed the Consumer Price Index-U, as published by the U.S. Bureau of Labor Statistics, or the equivalent or successor index; provided that the increase in tax pursuant to the CPI-U shall be equal to or less than the increase to the tax in an amount to be determined by adding to the amount of the tax or other fee or charge in the previous calendar year. B. Annual business license increases shall be instituted following consideration and approval by the city council based on annual analysis and recommendation by the Director of Finance." SECTION 7: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. 01203.0007/556242.2 Ordinance No. 623 Page 3 of 4 SECTION 8: The time within which judicial review of the decision reflected in this Ordinance must be sought in governed by Section 1094.6 of the California Code of Civil Procedure and other applicable short periods of limitation. PASSED, APPROVED, AND ADOPTED this 6th day of August 2019. ,.Maor Attest. Y WNW'y clerk State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 623 passed first reading on July, 16 2019, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on August 6, 2019, and that the same was passed and adopted by the following roll call vote: AYES: Brooks, Cruikshank and Dyda NOES: None ABSENT: Alegria and Mayor Duhovic ABSTAIN: None dishv AMr MEW lerk 01203.0007/556242.2 Ordinance No. 623 Page 4 of 4 CITY OF RANCHO PALOS VERDES STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING CITY OF RANCHO PALOS VERDES) The undersigned, being first duly sworn, deposes and says: That at all times herein mentioned, she was and now is the City Clerk of the City of Rancho Palos Verdes; That on August 7, 2019, she caused to be posted the following document entitled: ORDINANCE NO. 623, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADDING SECTION 5.04.015 (INTENT), AND AMENDING SECTIONS 5.04.050 (LICENSE AND TAX PAYMENT REQUIRED), 5.04.070 (EVIDENCE OF DOING BUSINESS), 5.04.090(EXEMPTIONS),AND 5.04.440(ANNUAL CHANGE OF BUSINESS LICENSE TAX)OF CHAPTER 5.04(BUSINESS LICENSES) OF TITLE 5 (BUSINESS TAXES, LICENSES AND REGULATIONS), RELATING TO BUSINESS LICENSE TAXES, copy of which is attached hereto, in the following locations: City Hall Ladera Linda Community Center 30940 Hawthorne Blvd. 32201 Forrestal Drive Rancho Palos Verdes Rancho Palos Verdes Hesse Park 29301 Hawthorne Blvd. Rancho Palos Verdes I certify under penalty of perjury that the foregoing is a true and correct affidavit of posting. abr. Mak MUM lerk