Loading...
CC SR 20241119 C - Business License Tax CITY COUNCIL MEETING DATE: 11/19/2024 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration and possible action regarding the annual Business License Tax (BLT) for calendar year 2025. RECOMMENDED COUNCIL ACTION: 1) Affirm continuing the BLT rates without applying an increase of 2.8% based on the annual Consumer Price Index (CPI) as of September 2024; 2) Affirm continuing the BLT for home occupancy businesses at zero ($0); and 3) Affirm continuing the Small Business Financial Assistance Program. FISCAL IMPACT: If approved, the recommended action items are already factored into the FY 2024-25 Adopted Budget, with BLT revenues set at $850,000. VR Amount Budgeted: $850,000 Additional Appropriation: N/A Account Number(s): 101-300-0000-3210 ORIGINATED BY: Vina Ramos, Director of Finance VR REVIEWED BY: Catherine Jun, Deputy City Manager APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: None BACKGROUND In accordance with Section 5.04.440 of the Rancho Palos Verdes Municipal Code (RPVMC), changes to the BLT may occur on January 1 of each year. In August 2019, City Council adopted Ordinance No. 623 to amend this section, specifying that the tax may be increased annually by an amount not exceeding the CPI and is subject to approval from the City Council. The amendment was made in response to the City Council’s previous request to discontinue the practice of applying automatic annual increases. Consequently, the City Council has withheld from adjusting the BLT for inflation each year since 2017, setting the annual rate at zero. In addition to the 2019 amendments, the City Council instituted a similar approach for home occupancy businesses. This decision benefitted residents with in-city home occupancy businesses by decreasing the tax to zero ($0). Also, the City Council later 1 established a Small Business Assistance Program in 2020 in response to the economic challenges arising from the Covid-19 pandemic. This program waived the BLT for small businesses within the City generating less than $1.5 million in annual gross receipts. Enacting these business-friendly initiatives has limited CPI-adjusted increases to the BLT and reduced taxes for home occupancy and eligible small businesses in support of the local economy. DISCUSSION: The following provides information for the City Council’s consideration on BLT-related revenues and programs based on Staff’s recommendations. Business License Tax Overview In accordance with Chapter 5.04 of the RPVMC, all business activity performed within the City requires obtaining a business license and the payment of the tax as specified. The annual taxable amount is determined based on the location and type of work or service performed by the business (see the different types in Chart 1). This requirement is applied to businesses with a physical presence within the City or those entering the City to conduct business at any point in time. There are 17 business license categories that collectively generate approximately 2% of General Fund revenues annually. Year to date, the City has issued 2,110 business licenses for 2024, an increase of 52 over last calendar year. This amounts to nearly $917,000 in BLT revenue, an increase of almost $25,000 or 3%. Revenue growth is attributed to additional licenses obtained by local businesses, particularly by contractors and subcontractors. Chart 1 below illustrates total revenues based on the major application types. Chart 1. 2024 BLT Revenues by Application Type 2 Business License Tax for 2025 and Annual Change in CPI Pursuant to Chapter 5.04.440 of the RPVMC, the City Council may consider adjusting the BLT rate as part of their annual review provided that it does not exceed CPI. If applying the CPI rate of 2.8% for September 2024, tax revenues are estimated to increase by up to $26,000. As previously noted, the annual rate of change has been set to zero ($0) since 2017. Cumulatively, since 2017, the estimated total revenue forgone is estimated at $209,000. While this can be interpreted as revenues not keeping up with inflation, it is important to note that foregoing this adjustment has not negatively impacted the City’s service levels to the community. This is primarily due to the City consistently maintaining year-end results where revenue exceeds expenditures. Considering actual BLT revenues of almost $917,000 in FY 2023-24, Staff strongly anticipates this revenue source will continue to exceed the FY 2024-25 budget of $850,000. Additionally, as described in Chapter 5.04.015 of the RPVMC, the intent of BLT is to “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”. Therefore, based on the year-end of BLT exceeding adopted budget and a projected structurally balanced budget for operations (non-capital), the City Council may consider to continue the BLT rates without applying the 2.8% CPI. Business License Tax for Home Occupancy for 2025 On June 4, 2019, the City Council approved waiving the BLT for in-City home occupancy businesses by setting the license tax to zero ($0), effective September 6, 2019. The City Council has upheld this decision each year beginning in 2020 to continue their effort to help reduce taxes and fees for residents. This determination has financially supported over 407 businesses for an estimated value of $286,000 since implementation. If reinstated, the City would generate roughly $62,000 per annum based on current estimates. Similar to the CPI adjustment, the year-end projection for BLT revenues, and the positive year-end results of BLT for FY 2024-25, the City Council may consider continuing the BLT for Home Occupancy at $0 (zero). Small Business Financial Assistance Program In 2024, the City Council extended the Small Business Financial Assistance Program for the fourth consecutive year since its implementation to support local businesses and the economy. Effective in 2021, this action reduced the business license tax to zero ($0) for small businesses within the City that generate less than $1.5 million in annual gross receipts. As a result, this program has provided financial relief to more than 200 small businesses for an estimated value of $279,000 since implementation. The program’s objective was to provide temporary relief to small businesses during the pandemic-related shutdowns and period of economic recovery. Based on the results to 3 date, this program has successfully achieved its intended objective in light of the economic uncertainties that came to follow. If reinstated, the City would generate roughly $72,000 per annum based on current estimates. For the same reasons outlined for forgoing the CPI adjustment and continuing Home Occupancy at zero ($0), the City Council may also consider continuing the Small Business Financial Assistance Program. ADDITIONAL INFORMATION: Assembly Bill (AB) 2164 As amended, AB 2164 relating to disability access requires that a four-dollar ($4) state fee be imposed on any applicant for a local business license or a renewal . The purpose of the fee is to increase disability access and compliance with construction -related accessibility requirements. The City shall continue to administer the fees collected in accordance with Section 4467 of the Government Code as currently amended. CONCLUSION: In summary, Staff recommend that the City Council consider affirming the BLT rates for 2025 without applying the 2.8% CPI increase, thereby maintaining the current rates with no increases. Additional recommendations include continuing the annual BLT of zero ($0) for home occupancy businesses and the Small Business Assistance Program for small businesses within the City that generate less than $1.5 million in annual gross receipts. While these recommendations would forgo an estimated total of $160,000 in FY 2024- 25, the positive impact of these programs in prior years has benefited over 600 local businesses and residents, directly contributing to the economic well-being of the Rancho Palos Verdes community. ALTERNATIVES: In addition to the Staff recommendation, the following alternative action s are available for the City Council’s consideration: 1. Direct Staff to increase the 2025 BLT rate based on September’s CPI of 2.8%, with an estimated increase in revenues by $26,000. 2. Direct Staff to sunset the zero-tax program for home occupancy businesses effective as of January 1, 2025, with an estimated increase in revenues by $62,000. 3. Direct Staff to discontinue the Small Business Financial Assistance Program effective as of January 1, 2025, with an estimated increase of revenues by $72,000. 4. Take other action, as deemed appropriate, including any combination of the above alternatives. 4