Loading...
HomeMy WebLinkAbout38.51 ORDINANCE NO. 38.51 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING ARTICLE V OF CHAPTER 4 OF THE SARATOGA CITY CODE, RELATING TO BUSINESS LICENSES The City Council of the City of Saratoga does hereby ordain as follows: Section 1: Section 4-109 of the Saratoga City Code, contained in Article V of Chapter 4 thereSf, is hereby repealed. A new Section 4-109 is hereby added to said Saratoga City Code, to read' as follows: Section 4-109: Term of Licenses - Due Date All licenses required to be paid by this article, except where otherwise specifically provided, shall be annual licenses and shall be due and payable on January 1st of each year. All business'licenses issued under the provisions of this Article V of Chapter 4 of this Code prior to Januar7 1, 1975 shall terminate and be of no further force or effect as of January 1, 1975. All such businesses therefore so licensed shall have until January 15, 1975 within which to have had application made for, and to have obtained, a new business license under the amended provisions h~reof effectiveJanuar7 1~ 1975. With the exception of peddlers' and solicitors~ licenses, when any business shall be commenced more than three months after the beginning of the calendar year it shall pay three- fourths of the annual license fee as herein provided;~i~'i commenced more than six months after the beginning of the calendar year, it shall pay one-half of the fee provided; ~. and if commenced more than nine months after the beginning of the calendar'..year, then one-fourth of such fee. Peddlers' and solicitors~icenses may be issued on a daily, weekly, monthly or annual basis, and there shall be no pro- ration of th~ license fees for parts of a day, a week, a month or a year. Section 2: .Section 4-110'of the Saratoga ~ity Code, contained in Article V of Chapter 4 thereof, is hereby repealed. A new Section 4-110 is hereby added to said Saratoga City Code, to read as follows: . Section 4-110: Classification and Rate Schedules' (a) Classification "A" - General (Commercial, personal service~, professional, manufacturing) Every person, whether a resident or non-resident of the City of Saratoga, who is engaged in, or conducting or doing business within the city limits of City~ except as otherwise provided for in classifications "B" and"'C" hereof,'or except as may otherwise be provided for by any of the other articles of this · Chapter 4, shall Ray anannual License fee as follows: 1) $35.00 per year, and ~ 2) .If at any time during the calendar year such person' or business is composed of more than 8 individuals, whether as partners, associates or otherwise, or has more than 8 employees, or any combination of a ditional fee of the above exceeding 8, then an d $25.00 per year, for a total of $6D.00. (b) Classification "B" - Peddlers and Solicitors Each peddler or solicitor, regardless of whether or no~ operating out of a fixed place of bus~ness within the City, shall pay a license fee of $2.00 pe~ day, or $10.00 per week, or $25.00 per month, or $100.00 per year, per person, whichever is the lesser for the period in time for which the license is issued. Each peddler or solicitor shall be required to have a separate license, and to pay a separate license fee, regardless of the fact that any such peddler or solicitor may operate out of a fixed place. of' business within the City, save and except as follows: Where an operation is out of a fixed place of business inside the City, by use of agents or employees as peddlers or solicitors in the field, or where the peddler or solicitor operates as an agent or employee of an owner, manager or superviso_~r, who su~ery~s the work oilSuch person frdm~?~i~'d'~p ~de~'f~i i~ ~i~ih~i~deq~h~Ci ty, the total !l~c~'~f~'~a~ ~ ~d~'~bu~i~s 'a~d' its peddlers and solicitors collectively shall in no event exceed three times the monthly fee for a single peddler or solicitor's license. (c) Classification "C" - Miscellaneous Businesses .1) Any person carrying on, or rendering any services as herein described shall pay a license fee in accordance with the following schedule: Ambulance Services $45.00 per year Animal Hospitals $45.00 per year Auctioneers $50.00 per day Bill Posting $60.00 per year Boxing/Wrestling $100.00 per year Christmas Tree Sales $50.00 per year Country Clubs $60.00 per year Junk Dealers $100.00 per year Pawn Brokers $100.00 per year Planning Mills $50.00 per year Riding Academies $60.00 per year Shdeshine/Bootblacks $5.00 per year Swim and Racket Clubs $60.00 per year Taxicabs $45.00 per year Tractor Sales $50.00 per year 2) Amusements, Entertainment Clubs and Devices (aa) Every person managing, conducting or carrying on a place of amusement or an amusement business orlamus~ment device as herein enumerated shall pay a license fee as specified: Bowling Alley $10.00/all~y Pool Room/Billiard Room $10.00/table (bb) Every person carrying on the occupation of operating a shooting gallery, skating rink, trampolene, miniature golf range, so-called "'pitch and putt" course, so-called "driving range" and similar type of business shall pay an annual license fee of $7~.00 -2- (cc) Every person conducting the business of a theatre shall pay an annual license fee based on the following rate schedule: Theatres having 0 to 500 seats or stalls 'shall pay . . . $100.00 Theatres having more than 500 seats or stalls shall pay . . . $150.00 3) Contractors - Resident and Non-Resident Every person, firm or corporation licensed by the State of California as a contractor shall pay an annual license fee of $25.00 to the City, for operating said contracting business in any manner in the City, regard- less of whether or not said contractor has a ~ixed place of business in the City of Saratoga. 4) 'HotelS, MotelS, Rooming Houses, Rest Homes Every person who is engaged in the business of operating an apartment house, hotel, mobile home park, motel', rest home, sanitarium, or rooming house, shall pay an annual license fee of $25.00, plus the sum of.$2.00 per unit for each ~iving unit thereof, and in the case of a rese home or sanitarium the sum of $2.00 per bed. Section 3: Section 4-111 of the Saratoga City Code, contained in Article V of Chapter 4 thereof, is hereby amending to read as follows: Section 4-111: Penalty for Delinquency (a), Any person who fails to pay any annual business license fee within 10 days after the time it is due and payable under the terms of this article, shall pay a penalty of ten percent (10%) Of the amount of the fee in addition thereto, and shall pay an additional ten percent (10%) of the amount of such fee for each month of contifiued delinquenc~ after the first month, provided, however, that the amount of such penalty shall in no event exceed fifty percent (50%) of the amount of the license fee. (b) Any person who fails to pay any daily, weekly, or monthly. license fee at the time when it is due, which time.is hereby declared to be no later than the close of the business on the first day of such business, shall pay a penalty of ten percent (10%) of the licenselfee, and if such license is not paid with- in three (3) d~ys from the time such license became ~e and payable, an additional sum of fifteen percent (15%) of the license shall be added to such license fee. (c) Each of the foregoing penalties so imposed shall be collect- ed by the person in Charge of the collection of the license to which the penalty is added. . Section 4: Section 4-123 of the Saratoga City Code, contained in Article V of Chapter 4 thereof, is hereby amended by changing the Section heading to read as follows: ~---,~.:?~'~-~-7~----V'~"":~---v."~'_--~ -~:~ -3- · Section 4-123: Claims for Exemption? Exclusion? o~ Determination of Classification And s~id S~ction 4-1234is further amended by adding the following additional paragraph thereto, to be inserted just prior to the last paragraph of said Section, to read as follows: I~ any case where a licensee or an applicant for a license believes that his individual business is not assigned to the proper classification because of circumstances peculiar to it, as distinguished from other businesses of the same kind, he may make a claim to the City Clerk for reclassification. Such application shall contain s~ch information as the City Clerk may deem necessary and required in order to determine whether the applicant's individual business is properly classified. The City Clerk shall then conduct an invest- igation, following which he 'dh~i' assign the applicant's individual business to the .classification shown to be proper on the b~sis of such investigation. The proper classification is that classification which, in the opinion of the City Clerk, most nearly fits the applicant's individual business. Any resulting reclassification shall not be retroactive, but shall apply at the time of the next regularly.ensuing .calcul- ation of the applicant's fee. No business shall be classified more than once in one (1) year. · Section 5: 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 9ity of Saratoga hereby declares that it would have pass- ed this ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one of more sections, subsection~W,sentences, clauses or phrases be held invalid or unconstit- utional. Section 6: This ordinance shall take effect and be 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 tfme required by law it was-thereafter passed and adopted on the 18th day of September ', 1974, by the following vote: AYES: Councilmen Smith,' Brigham, KrauS and. Diridon NOES: Councilman Bridges ABSENT: ' None ' ~ '~ '~ ~,' '~ ~R ~~~ pub}k~;~d according to law, ~.~ %~ ~,~ ~;~, Deputy City' Clerk . Ome '