HomeMy WebLinkAbout38.33 ORDINANCE NO. 38.t3~
AN ORDINANCE OF THE CITY OF SARATOGA AMENDING THE
SARATOGA CITY CODE IN REGARD TO NON-TRANSFERABILITY OF,
NEW APPLICATIONS FOR, AND EXEMPTIONS FROM, BUSINESS
LICENSES, AND AMENDING DOCUMENTARY STAMP TAX
EXEMPTION PROVISIONS.
The City Council of the City of Saratoga does hereby
ordain as follows:
Section 1: Division Two of Article V of Chapter 4 of
entitled "Business R 1 ~ is hereby amended by amending
Section 4-114 thereof to read as follows:
Section 4-1i4. Nonitransferability of licenses.
Licenses and identification cards
issued pursuant to this article are not transferable
or assignable'by either the licensee or by the holder
· of any such identification card, to any other person,
nor shall any license issued to a licensee be construed
as authorizing any person other than the named licensees
engaged in the licensed business. Any attemptedet~ans~-
for or assignment of any license or identification card
shall automatically revoke the license, and any revocation
of a license shall automatically bevoke all identification
cards issued thereunder.
Section 2: Section 4-115 of the Saratoga City Code,
being a part of Division. Two of Article V
of Chapter 4 thereof, is hereby amended by adding thereto the
following sentence:
The term license as.used in this sect~oneshall also
include any and all identification cards issued in con-
junction therewith, and the revocation of a license
shall automatically revoke all identification cards
issued in conjunction therewith.
Section 3: Division Two of Article V of Chapter 4 of
the Saratoga City Code is hereby amended by
adding thereto the following Section 4-116, to read as follows:
Section 4-116. New License After Revocation.
Whenever a license has been revoked
pursuant to either Section 4-114 or Section 4-115 hereof,
or for any other reason, no new license shall be issued
to the. same applicant or for the same business unless
satisfactory proof is first made to the City Clerk of
the City of Saratoga that the violation or other matter
causing the previous revocation has been corrected and
that there is no likelihood of any repetition'of the
same. The burden of proof shall be on the applicant,
and he may appeal any adverse decision of the City Clerk
to the City Council in the same manner (and the City
Council shall have the same powers on appeal) as is set
forth in Section 4-123 for appeals on claims of exemption
or exclusion.
-1-
S~c~ioq 4: section 4-120 of the Saratoga City C~de, a part
6f Division Three of Article V of Chapter
4 thereof, is hereby amended by adding thereto the following
Subdivision (~), to read as follows:
(e) Other exemptions
Any other person, not included within the
foregoing exemptions, who by virtue of the Constitution
or any law of the United States o~ of the State of
California,is exempt from the payment of a business
license fee although such person may otherwise be
required to obtain a business license.
Section 5: Section 14-15 of the Saratoga City Code, and
being ~ part of Article III of,Chapter 14,
b
which article is entitled 'Documentary Stamp Taxes', is here y
amended to read as follows:
Sac...14-.15. Exemptions: Any deed, instrument or
writing'to which the United States or any agent or
instrumentality thereof, or any State or territory or
political subdivision thereof, or the City of Saratoga,
is a party, shall be exempt from any tax imposed
pursuant to this article when it is acquiring title.
Section 6: If any section, subsection, 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 Saratoga
hereby declares thatit would have passed this ordinance and
each section, subsection, sentence, clause and phrase thereof,
irrespective of the fact that any one or more sections, subsec-
tions, sefitences, clauses orphrases be held invalid or unconsti-
tutional,
Section 7: This ordinance shall be and become in full
force and effect thirty (30) days after the
date of'its passage and adoption.
The above and foregoing.Ordinance was regularly introduced
and after the waiting time required by law was thereafter passed
and adopted at a regular meeting of the City Council of the City
of Saratoga held on the 21st day of lanuarv , 1970, by
the following vote:
AYES: Councilmen Tyler, Dwyer, Robbins, Smith, Sanders
ABSENT: None , /
"~ ~ MAYOR
~ , . .. pubiishedacco~d[ngt~law.
~, ~ _2_Deputy City Clerk Oat~