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CC 20170117 06 Business LicenseRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 01/17/2017 AGENDA REPORT AGENDA HEADING: Regular Business AGENDA DESCRIPTION: Consideration and possible action on annual Business License Tax. RECOMMENDED COUNCIL ACTION: (1) Discontinue automatic annual increases to the Business License Tax using the Consumer Price Index (CPI) and direct Staff to bring the option back to the City Council annually for direction; and, (2) Update the language in the Municipal Code to reflect using the CPI inflation index if an increase is approved by the City Council. FISCAL IMPACT: If the recommendation noted above was adopted and the City Council did not approve a CPI increase, the potential fiscal impact would begin in FY17- 18. Based on a CPI range of 0.5% to 2.0%, the potential impact to revenues in FY17-18 would be approximately $4,100 to $16,200. Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Allan Kaufman, Senior Administrative Analyst REVIEWED BY: Deborah Cullen, Director of Finance — APPROVED BY: Doug Willmore, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Business License Tables (page A-1) BACKGROUND AND DISCUSSION: As required by the City's Municipal Code, Section 5.04.050, all business activity performed within the City of Rancho Palos Verdes requires the business owner to obtain a business license and to pay the related business license tax (BLT). Included in the City's Municipal Code is a methodology for an annual adjustment to the business license tax is specified in Section 5.04.440 of the Municipal Code as follows: "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: 1 On January 1st of each year thereafter, all such taxes and other fees or charges shall be equal to an amount to be determined by adding to the amount of the tax or other fee or charge in the previous calendar year the product obtained by multiplying the average Gross National Product deflator factor, for goods and services purchased by state and local government, as published by the United States Department of Commerce, for the four calendar quarters available prior thereto by such tax or other fee or charge in the previous calendar year." Currently, each calendar year the City's BLT is automatically increased by the CPI inflation index, if there is a positive CPI. Recently, City Council has asked Staff to bring this item back for consideration. Additionally, the BLT contributes approximately 2.81 % of the General Fund Revenues. Based on the recent positive City financial results it would not be detrimental to the fiscal health of the City to review the financial need each year before increasing the tax. Staff would also recommend updating the language in the Municipal Code to reflect current terminology and practice. The references in the Municipal Code to the Gross National Product should be updated. In the 1980s, the Bureau of Economic Analysis (Department of Commerce), which was formally charged with compiling and reporting the Gross National Product (GNP) deflator factor, discontinued publishing this inflation measure and at that time the City began using the Consumer Price Index (CPI), which is the most -recognized and widely -used inflation index in the country. Municipal Code Section 5.04.440 should be updated to reflect the City's long-standing practice of using CPI as its inflation index. In the past 10 years, the average BLT increase annually to the General Fund tax base has been $32,412. This translates to approximately $324,121 over the last ten years. In 2017, the change in the BLT based on the CPI index will be 2.2%. Based on this figure, estimated revenues are expected to increase from 2016 by $17,900. Below are the two primary components of the business license tax along with examples of changes in the tax rate for 2017 based on the 2.2% CPI increase. 1) A minimum tax (adjusted for inflation) based on the location a business operates (i.e., located inside/outside the City or home -occupied) and the type of work or service performed. Cxampie General Contractor Description 2016 2017 Variance Minimum Tax $376.00 $384.00 $8.00 State fee for Certified Disability Access Specialist Program $1.00 $1.00 $0.00 Total K $377.00 0 $385.00 $8.00 2 2) A flat rate (adjusted for inflation) tied to a business's gross receipts. This rate also is multiplied for every $1,000 in gross receipts in excess of $50,000. This rate applies to businesses physically located inside or outside the City. Contractors, itinerant vendors, builders and developers, operators of commercial vehicles (i.e., taxis) are exempt. NC.Te1111WJ131 Home -Occupied Business that earned $55,00 in gross receipts Business Description 2016 2017 Variance Minimum Tax $74.00 $76.00 $2.00 Add: $1 for each $1,000 of gross receipts over $50,000 $5.00 $5.00 $0.00 Home Occupancy Fee $17.00 $17.00 $0.00 State fee for Certified Disability Access Specialist Program $1.00 $1.00 $0.00 Total $97.00 $99.00 $2.00 c:xdniule Out of City Business that earned $55,00 in gross receipts Business Description 2016 2017 Variance Minimum Tax $149.00 $152.00 $3.00 Add: $2 for each $1,000 of gross receipts over $50,000 $10.00 $10.00 $0.00 State fee for Certified Disability Access Specialist Program $1.00 $1.00 $0.00 Total $1 006 0$136.00 46% $3.00 It's important to note the tax rate for a business exceeding the $50,000 threshold has not increased for the last 10 years. For the City Council's information, Staff has included a breakdown of major business license types in 2016 by number of issuances. Residents who operated a home-based business made up 23% of the 2,012 total business licenses issued. 2016 Breakdown of Business License Types Major Categories Business percentage Licenses Issued Inside the City (Home -Occupied) 465 23% Inside the City 238 12% (Other) Contractors 921 46% Outside the City 341 17% Other 47 2% (i.e., Itinerant Vendors, Taxicabs) TOTAL 2,012 100% 3 ADDITIONAL INFORMATION: Table 1 in Attachment A provides a 10 -year history of CPI changes, changes to the maximum and minimum business license rates, and the rate for applicable businesses generating in excess of $50,000 in gross receipts. Table 2 in Attachment A offers a 10 -year history of business license issuances and revenues. Staff has determined that there is not a strong correlation between the number of business licenses issued and tax collected. Having said that, there appears to be a stronger link between revenues and the following factors: the license type; whether the businesses are subjected to the gross receipt tax; and how much in gross receipts they are generating annually. Staff researched five neighboring cities to determine what inflation measure they use and whether they charge a gross receipt tax once a specific dollar threshold is met. The results are presented below: City Inflation Metric Gross Receipt Tax Applied Rolling Hills * N/A N/A Yes - Different variations are No metric used and no Rolling Hills Estates applied depending on the annual rate increase. business type. Optional in replacement of a No metric used and no minimum tax. Gross receipt Palos Verdes Estates annual rate increase. tax amount cannot be less than $30.00 CPI Hermosa Beach Yes (not to exceed 3%) Manhattan Beach CPI Yes All residential * ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council's consideration: 1. Discontinue the use of any inflator related to business license tax. 2. Take no action. El Table 1: 10 -Year Inflation and Business License Rate History Description 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 10 -Year 10 Year 2007 2008 2009 2010 2011 2012 2013 2014 2015 Change (increase) CPI Change (%) 2.25% 4.50% 0.00% 0.40% 3.10% 2.20% 0.60% 1.70% 0.70% 2.20% 1.765% 2,012 9.53% 175 Business License Revenue Collected $487,296 $499,014 $531,982 $609,176 $581,141 $700,156 $737,481 Average Maximum Business License Rate $494.00 $516.00 $516.00 $518.00 $534.00 $546.00 $549.00 $558.00 $562.00 $574.00 $80 (Itinerant Vendor) Total Increase Minimum Business License Rate $65.00 $68.00 $68.00 $68.00 $70.00 $72.00 $72.00 $73.00 $74.00 $76.00 $11 (Business Located in the City) Total Increase Business Located In the City: $0 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 Rate for every $1,000 over $50,000 in Gross Receipts Total Increase Business Located Outside the City: $0 $2.00 $2.00 $2.00 $2.00 $2.00 $2.00 $2.00 $2.00 $2.00 $2.00 Rate for every $1,000 over $50,000 in Gross Receipts Total Increase Table 2: 10 -Year History of Business License Issuances and Revenues A-1 10 -Year 10 Year 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Average Change d%) Total Change Business Licenses Issued 1,837 1,709 1,819 1,629 1,891 2,031 1,868 1,997 2,134 2,012 9.53% 175 Business License Revenue Collected $487,296 $499,014 $531,982 $609,176 $581,141 $700,156 $737,481 $764,494 $808,668 $811,417 66.51% $324,121 A-1