Loading...
HomeMy WebLinkAbout11-03-1993 City Council agenda packet13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 867 -3438 7 November 3, 1993 To: City Council From: City Manager Subject: Business License Fee Increase Ordinance COUNCIL MEMBERS: Karen Anderson Ann Marie Burger Willem Kohler Victor Monia Karen Tucker RECOMMENDED ACTION : 1. Hold the Public Hearing and take testimony on the ordinance. 2. Make revisions to the proposed fee structure as deemed appropriate. 3. Introduce the ordinance as revised and direct the revised ordinance to be set for second reading and adoption at the meeting of November 17, 1993. BACKGROUND: In reviewing factors to consider for adoption of Fiscal Year 1993- 1994 and 1994 -1995 budgets during the City Council's March 26 -27 Policy Development. Workshop, the City Council considered a number of options to raise revenues to close an estimated $1.3 million budget gap between revenues and projected expenditures, including raising various locally imposed taxes. At that time the City Council directed the City Manger to present a budget which would: o Increase the tax on new construction from $0.57 per square foot to $1.00 per square foot. o Increase the tax on transient occupancies from 8% to 10 %. o Increase the business license fee revenue, with the method to be determined by staff, conditioned upon the fees being equitably based on the size of the business. To implement these instructions, the budget document ultimately adopted by the City Council called for an increase in new construction tax revenue from $136,000 to $240,000 a year; an increase in transient occupancy tax revenues from $95,000 to $120,000 a year; and an increase in business license fee revenue from $172,300 to $400,000 a year. Ordinances increasing the rates for the first two tax increase areas were adopted by the City Council in June. Because the business license renewal cycle is on Printed on recycled paper. Business Licenses Fee Increase Ordinance Page 2 November 3, 1993 a calendar year basis and the need to revise the business license structure was a more complex task when size differential is taken into account, consideration of a revised rate structure was scheduled for the fall. During July and August staff reviewed the business license fee structure of several other cities and made an initial public contact effort, meeting with the Board of Directors of the Chamber of Commerce to explain what direction the City Manager had received from the City Council, how the staff intended to proceed, and that any proposal would be discussed with the Chamber of Commerce and with other business organizations prior to any presentation to the City Council. On September 9th an initial proposal was sent to the Chamber of Commerce for review and distribution to the business community. This initial proposal created 26 categories of business and proposed a combination of rates based on gross receipts, number of employees, and flat rates depending on the type of business. Generally the proposal was to use a gross receipts basis for merchants, a per employee basis for professions and services, a flat rate basis for home occupations and seasonal business, and a percentage of fee basis for the construction industry, including architects and engineers. Following the distribution, the City Manager met with representatives of the Realty Board on October 14th to cover the proposal and the reasons why the City was seeking more revenue from the license fees. He met with members of the Village Merchants Association on the same date and then met with the Board of the Chamber of Commerce on October 20th. Because of the timing in setting up these meetings, the public hearing on the ordinance was moved from its original date of October 20th to November 3rd. At each of these meeting various points of view were offered concerning the original proposal. The Village Merchants were opposed to the use of a gross receipts method. Many felt that the flat rate method should be maintained and that the proposal to the City Council should reflect that sentiment. I pointed out that I was constrained by the directive of the City Council to differentiate between large and small businesses. Staff of the Realty Board opposed the fee method for realtors, although it was exactly the same as they pay the Town of Los Gatos, because large firms would pay $1,000 to $1,500 if charged $15 per employee. By letter attached to this report the Chamber of Commerce is suggesting remaining at a flat rate for all businesses with the rate being raised to $125 per business. Business Licenses Fee Increase Ordinance Page 3 November 3, 1993 DISCUSSION: Calculating the exact revenue the City would raise from any proposal other than a flat rate is largely educated guess work. Before making the attempt with the proposal contained here, a discussion of the overall financial picture is in order to place the proposed revenue increase in context. The budget, as adopted, contained a positive cash flow over reserve assumption of $148,160. Part of this assumption was based on budget reduction of salaries and benefits all taking place on July 1st. As you know, contract negotiations with the SEA were not concluded until late August. The new MOU did not go into effect until September 1 and the health care package did not go into effect until October 1. Payout of unused leave and continuation of benefits for laid off employees were calculated in the budget so they did not have an impact. The City Council has now made five appropriation adjustments to the budget, some of which impact fund balance. In summary here are the impacts: MOU delay costs $18,500 Layoff costs -0- Budget Adjustment 1 - Leonard Road -0- (this $12,000 advance will be repaid from bond proceeds) Budget Adjustment 2 - Animal Control 21,200 Budget Adjustment 3 - Solid Waste -0- (this $65,575 reduction has an offsetting revenue loss) Budget Adjustment 4 - Ravenwood Park 3,100 Budget Adjustment 5 - Hakone Water System -0- (this is a $10,000 transfer from another project) TOTAL $42,800 Our fund balance projection for June 30, 1994, is $4,833,476. Our September 30, 1993, fund balance was $4,258,771. When loans and bond reserves are included, the amount for all pooled cash and investments totals $4,761,832. When comparing revenue and expense through the first quarter of FY 1994 to the first quarter of FY 1993, revenues are up by $46 thousand and expenditures are down by $319 thousand. This is a $365 thousand positive variance over a year ago. However, it is too soon to predict that we should be taking a more optimistic view of our revenue picture because no significant property tax revenue has been received and state subventions are slightly behind last year. What happens here will demonstrate exactly how much revenue loss we have suffered at the hands of the state. Business Licenses Fee Increase Ordinance Page 4 November 3, 1993 On balance there is, at this time, no hard evidence that our cash flow projection is not accurate, that it will be either better or worse than projected in June, 1993. On net, barring any further budget adjustments, we should still expect to have a positive cash flow (with the above adjustments taken into account) of about $106 thousand. However, I expect that further demands on the balance will be made in the area of animal control. These could be as much as $35,000 to carry through a program for the remainder of the year. Yet another variable is the half -cent sales tax measure on the November 2nd ballot. Should it pass it would result, according to the League of Cities, in the City receiving about $50,000 a year more in sales tax revenue. Targeted for public safety services, it should cover the City's future costs for animal control on a net costs basis after license and shelter fees are paid. Let me turn now to the specific proposals for the business license fees. Exhibit 1: As I indicated, the original proposal dated September 8, 1993, used a combination approach of gross receipts, employees, flat rate and percentage of construction permit fees to levy the business license fee. That proposal is attached as Exhibit 1. The revenue estimated to be generated is $429,206 Exhibit 2: A schedule showing the calculations for the September 8th proposal is attached as Exhibit 2. Exhibit 3: Following the round of meetings detailed earlier, a revised proposal was prepared which dropped the gross receipts method. That proposal, dated October 25th, is attached as Exhibit 3. The revenue estimated to be generated is $416,012. Exhibit 4: A schedule showing the calculations for the October 25th proposal is attached as Exhibit 4. Exhibit 5: Exhibit 5 is the draft ordinance which would enact the October 25th proposal. Article 4 -05 is similar in content to the existing Article 4 -05 except that the definition of employee is expanded to mean a full time equivalent person for license purposes. This is calculated by taking the last quarter of the year's payrolls which are closed to the 15th of the month, totalling the number of employees on payroll, dividing by three, taking the average number and expanding hours worked to a monthly equivalent, then dividing by 172. This represents the number of FTE employees to report on the business license form to calculate rates. This method avoids the possibility of understating or overstating the number of employees Business Licenses Fee Increase Ordinance Page 5 November 3, 1993 depending on the level of business activity. Also included is a definition of gross receipts should the City Council decide to adopt such a method sometime in the future. A new section is also included (4- 05.100) which prorates licenses for most businesses for the first time. Article 4 -06 is new and sets forth the fees for the various categories of businesses outlined in Exhibit 3. The revenue estimates in Exhibit 4 are primarily based on an assumed average number of employees per business. While staff feels these assumptions are reasonable, based on the business license information, we have no way of quickly or easily making an accurate verification of whether FTEs are reported. In his letter to the City Council the Chamber of Commerce President, Dr. Preston Wisner, proposes a raise of all licenses from $75 to $125. Based on the 1993 licenses issued during fiscal 1992 -93, this would increase revenue by $96,150, about 40% of what is needed. In reviewing these options Council should keep in mind that the projections may be somewhat optimistic because of the full time equivalent definition used for employees and the cap which would be placed on larger businesses which would reduce the income from a number of larger businesses to no more than $500 each. Also, the provision on prorationing would also reduce revenues below the projections, just how much depends entirely on the timing of new businesses coming into the community. Given these factors, both options should generate the approximate $400,000 in revenue set forth in the budget. Should Council feel that it can reduce revenues, the schedule can easily be modified to show differing outcomes. For example, if all employee fees were reduced by $5, the expected revenue would drop by $18,685. A large part of the fee increase in both options comes from a surcharge on construction permits. Under the gross receipts approach architects and engineers were included. Under the employee approach they are not. The surcharge approach is not unique, it exists in other California cities but not locally. While it can be argued that City costs for plan checks and inspections are currently covered by permit fees, it is also true that construction activity creates a large demand on other City services, wear and tear on roads, code enforcement problems, inspections for erosion, drainage problems, legal costs, etc., which would not be a cost burden on the City otherwise. For these reasons staff feels this approach is both fair and equitable. Business Licenses Fee Increase Ordinance Page 6 November 3, 1993 Conclusion: As Council can readily see, there are any number of options to levy the business license fee. It can be adjusted to bring about desired revenue results with a relatively small margin of error. Using a method other than flat rates does create some added administrative burden but it is minor once the system is up and running because of automation. The field work to enforce licensing does not change. In fact by delineating various types of businesses into categories, field personnel know better what to look for. This will, in the long run, increase business license revenue by increasing the number of businesses licensed. That the City has almost 2,000 businesses licensed currently, demonstrates, I believe, that with our current resources we are all doing quite well at administering the program. 1V4't't44 :' Xlt'i arry Peacock, City Manager jm Attachments: 1. Letter from Chamber of Commerce dated 10/26/93 2. Exhibit 1 - Proposed Fee Schedule for Business Licenses 1994, 9/8/93 3. Exhibit 2 - 1994 Business License Tax Assumption - Gross Receipts 4. Exhibit 3 - Proposed Fee Schedule for Business Licenses 94, 10/25/93 5. Exhibit 4 - 1994 Business License Tax Assumptions - Employee Based 6. Exhibit 5 - Draft Ordinance Relating to Business Licenses SARAT'OGA CHAMBER OF COMMERCE " 1 20460 Saratoga - Los Gatos Road SARATOGA Saratoga, California 95070 CHAMBER CWCOMMERCE 1 (408) 867 -0753 Mr. Harry Peacock October 26, 1993 City Manager City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 Subject: Business License Fee Revision Dear Mr. Peacock, To begin with, thank you for giving us the opportunity to respond to the new proposed business license tax. Together we have generated a great deal of discussion, and your public appearances have been very much appreciated. I am pleased to say that we have had several positive suggestions regarding the proposals before the council. This letter outlines some thoughts and counterproposals for consideration, and these are followed by my interpretations of the anecdotal comments received. In addition, I am providing you with a packet of all the written comments and letters received (there were more than 35). I will outline my perception of the alternative suggestions, which came out of discussions with the Chamber Directors and other business persons in the community. Almost all persons, spoken to regarding this, recognized the need to raise additional revenues. Alternative #1: Raise the business license tax to $125.00 (a 66% increase) for all businesses in the city. Prorate this tax for those who seek licenses after July 1 to one half the annual rate. Alternative #2: Adopt your alternative fee schedule with some changes (Attachment #1). Make the base fee $100.00 plus a rate per full time employee (defined as 40 hours per week or 2080 hours per year) with an absolute cap of $500.00 per business per year. Delete the surcharge of 25% of all permit fees. This could pose a major deterrent to the construction of new buildings which would in turn deter the opening of new businesses. Alternative #3: This proposal is definitely the least desirable. Many persons are opposed to this because it would make their fees go up astronomically. Included in the anecdotes are comments setting forth the impact on several businesses. More complaints and screaming were heard about the gross receipts feature than any other one. Alternatives 2 and 3 would take less policing than the others. No criteria would have to be established for alternative A. Following are my summary of the anecdotes from the letters received. Also enclosed are copies of the letters themselves. Bear in mind that these letters are in response to your letter of September 9, which only included the "gross receipts" alternative. 1. This new business tax will deter new business from coming to Saratoga. 2. My license fee will go from $75 to $225 per year. 3. More tax increases will result in less business and fewer sales taxes received. 4. Where will these new dollars be spent? 5. The gross sales component of this new scheme is terrible. 6. More businesses will migrate to Cupertino and San Jose. 7. Eight years ago when I started my business I had 2.5 FTE's, now I have 1 FTE. Business is bad! ! ! 8. The city should cut its costs. 9. Treat all businesses equal. 10. I have been in business in Saratoga for 30 years and consider a 90% increase in license fees excessive. 11. Comment from a commercial food store - Our fee will increase from $75 to $6,000 - an 8000% increase - WOW. 12. The proposed increase represents a disproportionate increase in fees to businesses and professions. 13. The city should look at other sources of money i.e. garbage rate surtaxes. This would tax the homeowners as well as the businesses. 14. The gross receipts factor for licenses is a KILLER! ! ! 15. Contractors are being unfairly penalized. For example, to build a 40,000 sq ft building would cost: plan check fee $ 8,000 building permit $12,000 Total $209000 The license fees of 25% could be either $3,000 or $5,000 depending upon how you calculate the "permit & plan check" fees. 16. If any hike is passed consider payments on a quarterly or semiannual basis. 17. Don't give home businesses preferential treatment. 18. We should create a task force of "business professionals" and city representatives to meet with businessmen and property owners to develop a "long range plan" to insure the continued viability of Saratoga as a great place to live and work. 19. Your "decision" to increase business license fees will greatly influence our decision to leave Saratoga when our lease expires in 1994. The (original) proposal is self defeating and will result in net losses to the city. 20. Whatever is done should include a proration of the fee for those applying after July, i.e. we opened our business in September and will pay another fee as of January 1. 21. The sliding scale fees proposed would be hard to enforce and would create additional administrative burdens with resultant requirements for more city staff. I thought these anecdotes were quite informative regarding the thoughts of businessmen in this area. Summarizing all, almost everyone recognizes the need for additional revenues. All persons affected want any new system to be simple and understandable. Many of them feel that any new efforts to raise taxes should not fall unevenly on the businesses. Much effort should be made to have both businesses and homeowners bear a proportionate share of any new costs. I will be at the City Council Meeting on November 3, 1993 and would appreciate 15 or 20 minutes when a cross section of our business constituents can give their cogent arguments toward a constructive solution of this dilemma. Si ly, Pr ton H. Wisner, resident Enclosures: A. Proposed Fee Schedule dated September 8, 1993 B. Proposed Fee Schedule dated October 14, 1993 C. Packet of Letters from Chamber Members/ Various dates frame maters 12201 S. Saratoga - Sunnyvale Rd., Saratoga Calif. 95070 408/996 -8300 October 7, 1993 City Manager City :Hall Saratoga, CA Dear Sir: We have just heard that our business license fee will be increased and the method used to determine the increase. We were amazed at the short sightedness of the City department. Surely, you must realize that many small store owners will be driven out of Saratoga. Because of the economy all business is down and most of us are trying to hang on with the hope that the economy will begin to turn around. And now the City of Saratoga wants to tax our gross sales and take whatever meager profit, if any, by taking their slice right off the top. We do not want to go into partnership with the City of Saratoga nor do we need more paperwork to fill out. Nor do we feel we should have to reveal our gross sales figures, the Internal Revenue Service gets that information. When the merchants in Saratoga wanted to hang "Sale" signs in front of their stores to bring in more business, when we needed the City's help we were told that we could not do that. There must be a more fair way for the City to raise the license fee. The way it is purposed now will mean that some of us will not be able to remain within the City of Saratoga. If small business moves away what gain is there for Saratoga if we all move to Cupertino or San Jose. Please go back to the drawing board fellas, and come up with a better solution. Yours truly, Frame Makers -:EW na q 6 � PCumecC J 1 ors¢ --) A Tradition In TtneDtntng October 5, 1993 4r. Harry Peacock 'ity Manager 'ity of Saratoga 3777 Fruitvale Avenue CA 95070 Mr. Peacock, is common knowledge that, overall, business in Saratoga stinks! is, however, worthwhile saving what little business we have left in Saratoga. I el that the primary goal of the city should be to find ways to improve the general dtude toward the local business community and to entice people to seek out iratoga because it is truly a special place, not just a place that pretends to be a ecial place to shop and dine. We should create a task force consisting of business ofessionals and city representatives that can evaluate the current situation, meet ith local businessmen and property owners, and consequently, develop a long nge plan that will make Saratoga the place we all want it to be. rging all kinds of fees will only discourage viable new businesses from ,idering Saratoga as a possible business location. When license fees are based i gross receipts it's just another way for government to stick its nose in someone s business, as well as taking away one's motivation to do better. laus Pache Saratoga City Council Saratoga Chamber of Commerce Saratoga Village Association 14555 Big Basin Way, Saratoga, CA 95070 (408) 867 -4711 Fax: (408) 867 -6919 October 4, 1993 Preston Wisner, President Saratoga Chamber of Commerce 20460 Saratoga Los Gatos Road Saratoga, Ca. 95070 Subject: Business License Revisions Dear Mr. Wisner: Thank you for your recent letter regarding the letter from the City of Saratoga in which .there is a proposed ordinance.for rncreased business license taxes. It seems that under the "Professional Business, General" category, where in the past I have been renewing my license for a fee of $75.00, the fee will increase to $150.00, in effect doubling the current fee. One important issue not addressed in the city's letter is where the additional revenue will be spent ?? Thank you for informing us of this matter, and please continue to keep us updated. r S- inc " erely, : / e herri Lane S erri Lane & Associates COMMERCIAL AND RESIDENTIAL INTERIOR DESIGN October 4, 1993 Preston Wisner, President Saratoga Chamber of Commerce 20460 Saratoga Los Gatos Road Saratoga, Ca. 95070 Subject: Business License Revisions Dear Mr. Wisner: Thank you for your recent letter regarding the letter from the City of Saratoga in which .there is a proposed ordinance for increased business license taxes. It seems that under the "Professional Business, General" category, where in the past I have been renewing my license for a fee of $75.00, the fee will increase to $150.00, in effect doubling the current fee. One important issue not addressed in the city's letter is where the additional revenue will be spent ?? Thank you for informing us of this matter, and please continue to keep us updated. 'ncerely, I Myrna aldwin Bald i Interiors BALDWIN INTERIORS 408/741 -5003 20465 Saratoga -Los Gatos Road Saratoga, CA 95070 NATIONAL BANK October 5, 1993 Dear Preston: Just a brief note on my thoughts with regard to the proposed increase in business licenses for 1994- I thoroughly understand the need for the city to raise additional revenue, however I feel that this is to big a jump at one time. I would prefer to see them do this on a more gradual basis over a 3 year period. The city's current approach in this economic environment will help break the back of many of our members. Sincerely, Richard L. Mount,. MEMBER FDIC 12000 Saratoga - Sunnyvale Road Saratoga, California 95070 (408) 973 -1111 REALTY WORLDID — Moser & Long 14363 Saratoga Avenue, Saratoga, CA 95070 Telephone: (408) 867 -3491 Fax: (408) 867 -7758 October 11, 1993 Dr. Preston H. Wisner, PhD, President Saratoga Chamber of Commerce 20460 Saratoga -Los Gatos Rd. Saratoga, CA 95070 Dear Preston, In response to your request from the City for Business License increases, I for one, and also my Broker discussed this issue at length. The very numerous tax increases inflicted on our small businesses and citizenry have become too burdensome. We need less cost for our business people to survive this economy. Therefore, I'm not in favor of any increase. Thank You, Sincerely, l� Jeanne Holst EJH/js Each office independently owned and operated REALTY WORLD" "N RESMYS PEOPLE° n eur®desi ; ltd. g the world's best furniture systems October 5, 1993 Dr. Preston Wisner, President Saratoga Chamber of Commerce 20460 Saratoga -Los Gatos Road Saratoga, Ca. 95070 Dear Dr. Wisner, 12333 saratoga /sunnyvale road saratoga, ca 95070 (408) 973 -0606 / fax (408) 973 -1647 This is in response to your letter of September 29 regarding the proposed business license tax increase. This proposal is ill- advised and should be rejected and defeated. Saratoga City government has the reputation of being "anti- business" and this proposal only reinforces that belief. If the proposed ordinance is passed, it will be even more difficult to do business in Saratoga and may well result in the loss of business. This means a loss in sales tax revenue which, I am certain, would be much larger than the anticipated revenues resulting from the license fee increase. I have checked fees charged in Cupertino and San Jose. They are both in the $100. to $150. range. They are not based on gross sales but only on number of employees. The current lease for Eurodesign expires early next year after ten years in this location. We have discussed moving to another location. An increase in license fees will make the decision to leave Saratoga much easier. Please convey my feelings to the council and staff members. Their proposal is self - defeating and will result in net losses to the city. Very truly yours, L '' - - -- Edward G. Wildanger, President Eurodesign, Ltd. mountain view, ca saratoga, ca citrus heights, ca sydney, australia Manufactured locally since 1974. Turning Pt Clare McBride 14524 Oak St #5 Saratoga,Ca 95070 10/4/93 Preston Wisner Saratoga Chamber of Commerce 20460 Saratoga-Los Gatos Rd Saratoga,Ca 95070 Dear Preston, Thank you for your letter of 9/29/93 regarding the new fee schedule on business licenses. I have just obtained a business license from the City of Saratoga so I have a somewhat limited point of view at this time, however I do wish to express my opinion. If the city needs more revenue to help us all survive, I definitely support this increase. I personally will go from $75 to $100 a year in fees. I think this is well within my means as a new business to pay. I am particularly happy to read about the prorated idea. I got caught in a September filing and will have to pay again in January. I think a prorated schedule is much more fair to someone filing in the second half of the year. Sincerely, Clare Mcbride Protege Marketing Helping you profit 20225 Ljepava Drive Saratoga, CA 95070 (408)867 -4233 FAX (408) 867 -0422 Member of the Saratoga Cumber of Commute October 3, 1993 Preston Wisner, President Saratoga Chamber of Commerce 20460 Saratoga/Sunnyvale Rd. Saratoga, CA 95070 Ref: 1) Your September 29 letter on Saratoga's Business License Tax 2) Harry Peacock's September 9 letter "Business License Revisions" Dear Preston, Harry's letter says that the objective is to roughly double the business tax income to $400,000 a year. I don't know what the present ordinance is, but it looks like he's adding a sliding scale to the fixed fee. Here are my concerns: How efficient is this money raiser? Think in detail how a business would actually figure out this fee. If you're on a non - calendar fiscal year, it appears you have to figure your calendar year income. If you use the accrual method, you probably have to determine you cash basis income. If you have business outside Saratoga, you have to isolate just the Saratoga income. What is the definition of gross income? Does it include returned goods, capital gains, depreciation recovery, etc.? How would the City verify it? Look at the complexity of the tax codes. His simple schedule will blossom into a document of definitions, formulas, and exceptions just like our income tax code. I think it'll cost the business roughly the same amount in accounting expense as they pay the City. And I think the City will spend half what they collect administering the plan. If my assumptions are correct, for each $1 of tax, the business will pay $2 and the City will keep 500. In other words, 75% of the money produces nothing but a drain on the local economy. Are the license rates equitable? Looking at Harry's list, I noticed these inconsistencies: • Escort services (6) - They are charged $500. It's interesting their base is 5 to 10 times higher. Also they have no sliding scale - maybe their income is secret! • Handbill Distribution (10) - Does anyone do this anymore? The current code makes it illegal to leave anything at a residence. • Movies on city property (13) - Don't get caught with a VCR doing a Rodney King shot or it may cost you $500! • Security alarms (22) - Their scale kicks in at $25,000 and is $3 per $1,000 whereas most other businesses start at $50,000 and are 50¢ or 750. Why soak them? Do we need another tax? Simply put, this sliding scale is a local income tax. If it gets in, it'll be just like Social Security - every year they'll lower the threshold and increase the rate. The City should learn to live within its means like the rest of us. Confidentiality? Harry said the business' income would remain confidential. Unless they don't print the fee paid on the license to be posted, it'll be easy for anyone to find out the gross income of a business just by looking up the ordinance's fee schedule. In summary, the proposal is too difficult and expensive to carry out. It's just another tax. We don't need more taxes and paperwork. The City's efforts should be to reduce bureaucracy, reduce expenses, and help businesses keep the money they earn. Sincerely, Ray Fro ss P.S. I'd like to send this letter to the City Council and get it published in the Saratoga News. Is this Harry's proposal public knowledge? Do you have any comments? -2- 0 C T e- 9 :F: F= R 1 50 OF= L- OR T R T �v. eyes 0 A P�, O . St-4 A C\ OA F -- 01 0 t M W&OA OeQ MoPA Co) ow� , ,p p f ec v �! �? ru P w �'t�c;�- 2.t.�'� -�e S T-N Ck U I rN AJ t-A v is 0 At,4 Cc \--c lojut s C, (L ; ip%-P-4-e-u �'oW � tr%4 (C) A-v �e k) CIA TM MAIL E®XES ETC October 7, 1993 Preston Wisner President Sarau,Dga U,iaiiber of Commerce 201,160 Saratoga/Los Gags Rd. Saratoga Ca. 95070 Dear Preston, Regarding the ordinance on the business license taxes, I air, hearing canna fts such as, not fair, can't afford it, ray fee will triple, unconstitutional and the city is raising our fee's to balance their budget. Some of the questions are, have they taken into consideration the cost of adirci nistering this ordinance and if so what is that cost? ccWiat other stuff would ivirain the sanie? v How irtuch of this will go rack to the community and in w'ilat form? Are city employees going to take a cut in pay? The beautification of Big Basin Way was ap - proved in 1990 and businesses have been told there is no money available. INhy? Where did it go? The city approved six locations for newspaper racks on Big Basin Way. There are now twenty two. How did this happen? They are an eye sore and an embarassment to the businesses. People are tired of paying higher taxes and getting nothing in re - turn. With rents high and going higher the raise in the business license fee could be the last straw. As I understand it the city has no right to look at a businesses books but if this ordinance is passed they will have that right. Those businesses that fit into that category do not believe that this information would remain confidential, which leads one to believe there is no trust in our city government. Is there a cap on the gross or is it never ending? Even an adjustable rate home loan mortgage has a cap. Some businesses might be able to pass the higher fee on to the consumer but others are finding it difficult enough to stay in business as it is. P 0 S T A L, B U S I N E S S A N D C O M M U N I C A T I O N S E R V I C E S 14510 A Big Basin Way, Saratoga, California 95070 -6082 Bus 408 867 -7686 Fax 408 867 -7687 AN I NDEPE NDENTLY O\S'N ED AND OPERATED PRANCH ISE TM MAIL BOXES ETC" Now, speaking for myself, time's are hard everywhere and I truly love the City of Saratoga as do the people that live and work here but there are too many unanswered questions. I understand that our city faces the need for additional revenues and only through cooperation can we help the city and our businesses survive but I don't think this is the answer. The city should meet with businesses and civic organizations within our ccnvunity to discuss our concerns and try to iron out a solutions Remember, we have no industry in Saratoga and some would say Long's and Safeway can afford it but that's not fair either. We have to attract other businesses to Saratoga. What businesses has the city talked to and what has been the response? What problems do we face in attracting new businesses to Saratoga? How can we overcome these problems? The new business license fee will not help. Last but not least I think we will find a dramatic drop in member - ship with the Chamber, The Village Association, Gateway Association and others but maybe most important is the fact that donations to schools, charitable and non- profit organizations and other worthy causes may very well be revised or stopped completly simply because businesses will not have the irony. �... Sincerely, Donald W. CJoLter P 0 S T A L, B U S I N E S S A N D C O M M U N I C A T I O N S E R V I C E S 14510 A Big Basin Way, Saratoga, California 95070 -6082 Bus 408 867 -7686 Fax 408 867 -7687 AN INDEPENDENTLY O%% N ED AND OPERATED FRANCFI ISE SARATOGA CHAMBER OF COMMERCE 20460 Saratoga - Los Gatos Road Saratoga, California 95070 (� (408) 867 -0753 P O �oK 20 C1 September 29, 1993 ����� L� Dear Fellow Chamber Members, The attached correspondence was received at the Chamber during the week of September 13th. Un- fortunately it was not discussed with our Board of Directors until our September 29th board meet- ing. You are now receiving it as a special mailing. I am asking each of you to provide me with written comments not later than October 12, 1993 so that we can consolidate your comments and present them as a chamber position on the Business License Fee Issue at the City Council Meeting on October 20, 1993. I would appreciate any and all comments to be submitted to the chamber office in writing. Your verbal comments and telephone calls, although im- portant, are difficult to consolidate into a cohe- rent response. Our city faces the need for additional revenues. Only through cooperation can we help the city and our businesses survive. Thank you for your attention to this matter. Sincerely, Preston H. Wisner Ph.D. President K� V ey ' d "I �u �� �! u+ etmmmC o mwn, � C C g stmt Itt IZ12'.5 Garato Sa z tr "01 DRUM -- ,.. ,-y� -- r.+rc.�oa m I have Fam cr l�r mess since 19M g � to Ink& the PM ia� in h e s ode se ors; r rd .i t Sams inoy*M In the fee sabW& is 11 gar rear, ,� r� 5e tr times' -bes that Iner"10 meter than � .mod � ``'��'t. POrmR` Seem UOreasonable i have bean w h.minas fm some my ViUS YOM and Sm Inaeam in e IMS09 hie, idevartpeiess, In those Jut several lwwa made it MOre and more cqf QWt to s ine� � nl bad rod snsaii in eAer a ►1eusi3aesa. i wand ask fttym Owder me ,ess has in the ammunity and ree msidar yam► pwitiffl$ on the hip faffeases imm the bminea fiaenss few m MCP Jake's Restau t TOTAL P.02 October 4, 1993 Preston Wisner, President Saratoga Chamber of Commerce 20460 Saratoga Los Gatos Road Saratoga, Ca. 95070 Subject: Business License Revisions Dear Mr. Wisner: Thank you for your recent letter regarding the letter from the City of Saratoga in which.there is a proposed ordinance.for increased business license taxes. It seems that under the "Professional Business, General" category, where in the past I have been renewing my license for a fee of $75.00, the fee will increase to $150.00, in effect doubling the current fee. One important issue not addressed in the city's letter is where the additional revenue will be spent?? Thank you for informing us of this matter, and please continue to keep us updated. SincerYobsUnlimited Ross Jac Ross J 253.3128 1233 3 Saratop—Sur!lynie l?08d near (Prospect Rd. Surwlta, California 45070 la/11/93 Preston H4 Visner President Saratoga. Chamber of Commerce Dear Mr. Wisner, o possibility ofeaneinereaseei 9the/9usiness licenseefeesgasted Y as sure that the pityr as well as every other business, is In -need ofmore more di difficult Increagi ljoense fees and in ma king it Saratoga, does not as seen& like a solution to the problem. Saratoga does not need more vs,csnt business planes. 7 dank you for requesting our comments on this matter. a� �tA I David Heed Aeedes carpets One last thoughts taking into consideration the &Mount of sales tax that the city, receives from the retail stores in Saratogap keeping the business in Saratoga should be a priority. 253 -3128 12333 Saratoga -Sunnyvale Road near Prospect Rd. Saratoga, California 95070 10/11/93 Preston.H. Wisner President Saratoga Chamber of Commerce Dear Mr. Wisner: In reply to the letter dated 9/29/93, regarding the suggested possibility of an increase in the business license fees. I am sure that the city, as well as every other business, is in need of more revenue. Increasing the license fees and making it more difficult to do business in Saratoga, does not seem like a solution to the problem. Saratoga does not need more vacant business places. Thank you for requesting our comments on this matter. SD"- cerely, /U�l David Reed Reed's Carpets One last thought: taking into consideration the amount of sales tax that the city receives from the retail stores in Saratoga, keeping the business in Saratoga should be a priority. PRESTON WISNER CHAMBER OF COMMERCE I WAS EXTREMELY UPSI ;T TO RECEIVE THE NOTICE CONCERNING THE CITY BUSINESS PERMIT. IF WE ALLOW THIS TO BE PASSED I AM CERTAIN THAT MANY OF THE BUSINESSES IN SARATOGA WILL GIVE UP. I KNOW IN MY CAST; IT WILL BE ANOTHER BLOW TO MY PRO_'ITABILITY. THESE DAYS WITH INSURANCE PLANS BARELY ALLOWING US TO MAKE A PROFIT ON PRESCRIPTIONS IT WOULD BE A DISASTER TO HAVE ANY COST. WHETHER IT BE RENT.HEALTHCARE OR PERMITS, BASED ON MY CROSS REVENUES, BECAUSE MY COST OF GOODS IS SUCH A HIGH PERCENT (ALMOST 80%) OF MY REVENUES. PLEASE PASS THIS ON TO THE POWERS THAT BE. LET'S HOPE THEY COME TO THEIR SENSES. SINCERELY RAY ROSSI SARATOGA DRUG STORE Alpine Travel CLIk October 8, 1993 Dr. Preston Wisner President Saratoga Chamber of Commerce 20460 Saratoga -Los Gatos Road Saratoga, CA 95070 Dear Dr. Wisner: Thank you for alerting us to the proposed increase in business license fees. As presented in the rough draft from City Manager Harry Peacock, the proposal is very troubling. I understand from Finance Director Patricia Shriver that the city council's directive to staff was to produce a fee schedule that would double income from the business license. Unless significant adjustments are made, this plan will produce far more than double the revenue and will contribute to some severe financial difficulties for many businesses. Travel agencies are not included in the list of business categories provided by Mr. Peacock, but if our agency is numbered among "miscellaneous businesses," we would pay anywhere from $350 to $2,300 per year for a business license, depending on the definition of "gross receipts." Ms. Shriver suggested we might be categorized as a consulting business, which would mean a $150 fee. We now pay $75 per year. A 100 percent increase in this tax is onerous enough. If we were taxed based on the gross receipts criterion, our increase could be almost 3,000 percent. If we could survive, we would be up -in -arms. City government clearly needs more money. Are residents being asked to bear a burdensome 100 percent (or more) increase in their taxes? I doubt it. The council's directive surely means to discourage business. I would think the chamber would rather help the city to encourage business formation and development. Sincerely, ffPn Hawkins General Manager coda Garrett Executive Vice President CORPORATE OFFICE: 18798 COX AVENUE • QUITO VILLAGE o SARATOGA, CALIFORNIA 95070 (408) 379 -3853 • OUTSIDE 408: (800) 829 -4456 • FAX (408) 379 -6751 RUSSELL G. PESRY ATTORNEY AT LAW 14340 SARATOGA AVENUE POST OFFICE BOX 2486 SARATOGA, CALIFORNIA 98070 (408) 741 -1401 FAX (40B) 741 -1420 October 11, 1993 Mr. Preston Wisner President Saratoga Chamber of Commerce 20460 Saratoga -Los Gatos Road Saratoga, CA 95070 RE: City of Saratoga Business License Revisions Proposal Dear Preston: Referring to the proposed fee schedule for business licenses in 1994 proposed by the City of Saratoga, I am against such a precipitous increase in fees. While I fully understand that the city has need to raise funds, these raises are disproportionately borne by the business community. When garbage rates are increased, rather than increasing the residential rates by a small margin, the rates on businesses are disproportionately increased in order to lessen the garbage rate increase for residential services. I am both a business owner and a resident of Saratoga, and object to disproportionate increases for businesses, when a vast majority of garbage collections are from residential users. It seems politically expeditious for the city government to continually try to balance the budget on the backs of one segment of the population, when they know the votes come from another much larger majority. This is not fair or equitable, and does nothing to create an atmosphere under which businesses would thrive in the community. While the tax increase will solve a short term budget problem, in the long term I believe such taxation tends to discourage businesses and investments in the city. Therefore, for the foregoing reasons, I do not support the over 100% increase in business license fees as proposed by the city. Perhaps a smaller fee increase with proportionate increases in fees affecting the residential citizens of the city would be more appropriate. Very truly yours, /41-0, kt4l USSELL G. P Y RGP /cdk INNOVEST CORPORATION! 12200 SARATOGA - SUNNYVALE ROAD / SARATOGA, CA 95070/408252.5600 1111®� ' October 7, 1993 Preston H. Wisner, Ph.D. President Saratoga Chamber of Commerce Dear Dr. Wisner: This letter is to respond to the proposed 1994 Fee Schedule for Licenses by the City of Saratoga. Although I recognize the City's need for additional revenues, I must question the wisdom of imposing an excessive burden on small business, especially on service businesses. It would seem, in this time of economics decline in our area, that employment should be encouraged. The proposed fee schedule achieves the exact opposite. While the dollar amounts proposed appear insignificant, in the case of my company they amount to an increase of 520% compared to the existing fee schedule. When added to new taxes on the Federal and State levels, plus ever increasing regulatory costs, this new burden may turn out to be, for some businesses, the straw that breaks the camel's back. Sincerely, David M. Solomon President REAL ESTATE LOANS ❑ Residential ❑ Commercial ❑ Construction ellw Ora' Colour Shoppe Draperies & Interiors Cal. Contractors License #532025 eSPEeic ci in Cofoz O4a¢mot2y • WALLPAPER • DRAPERIES • CARPET • SHUTTERS • UPHOLSTERY • SHADES 12361 SARATOGA- SUNNYVALE ROAD • SARATOGA, CALIFORNIA • PHONE 408 - 996 -1223 Correspondence to: P.O. Box 252 • Saratoga, California 95071 -0252 • FAX 408 - 996 -1224 October 1, 1993 Preston Wisner, President Saratoga Chamber of Commerce 20460 Saratoga -Los Gatos Road Saratoga CA 95070 Dear Preston: Having Just read the new proposed business license fee schedule I think that it is way out of line and another anti - business move on behalf of the City. It is very obvious to me that neither Mr. Peacock or any of his staff have any entrepreneural experience what so ever. We know that even though governments have budgets they never pay any attention to the bottom line. A license k?ased on gross receipts will create much more bookkeeping and /or accounting expense and burden for all of those members to which it applies. The City wants to be a partner in my business, but does not want to contribute to a positive environment. The City already shares in the success of my business in that the more business I do, the more sales tax revenue they receive. The City, expecting to have the ri ht to know what my sales figures are certainly smacks of B�igg Bro her. Whats next? Lets organize the businesses into coA ct ems: That was tried in other parts of the world, it didn't work! The fact that home occupations are singled out for preferential treatment also u sets me. In any given month 25% of myy competition comes from ki chen decorators who already have an advanta a over me because they have no overhead or other expenses associated with running a store - front. The letter from Mr. Peacock says that the City hopes to double the existing revenues being enerated by the existing business license fees, then why in Ne hell don't they just double the existing fees and cut out all the b. s. Its robably too simple an idea. A 100% increase would not make the �ity look good, but it is still within reason. It also appears to me that the Cityy must be over staffed if the could devote all the time it took to work out all the parts of his plan. They took a simple idea and made it complicated. Pure government! You t ly, Carl Orr Wood & Associates Registered Investment Advisers 12901 Saratoga Avenue, Suite 8 • Saratoga, CA 95070 (408) 255-2900 2- - 44, L 174 - 4 A CA L Securi ties Offered through FWG, Financial West Group, Member of NASINSIPOMS11"IA SACRED HEART CHURCH 13724 SARATOGA AVENUE SARATOGA. CALIFORNIA 95070 (408) 867-3634 October 9. 1993 Mr. Preston H. Wisner Ph.D President Saratoga Chamber of Commerce 20460 Saratoga -Los Gatos Road Saratoga, California 95070 Dear Dr. Wisner: Thank you for your communication of September 29 concerning Business License Fees. Of course I cannot speak on behalf of the business community. However, as pastor of Sacred Heart School, a private, non- profit institution, I would object to any such fee for the school. Those who support our school also support the Saratoga community as taxpayers. Further, they relieve our local schools of the burden of paying for the education of over 300 Children. The school should not be penalized for providing this service. Thank you for the opportunity for expressing our point of view. With sincere regards, I am Very truly yours, (Rev.) Thomas F. Ahern s* October 4, 1993 3LLGATE INTERIORS Karyn De Boer (408) 741 -5177 Preston Wisner, President Saratoga Chamber of.Commerce 20460 Saratoga Los Gatos .Road. Saratoga,.Ca. 95070 Subject: Business License Revisions Dear Mr. Wisner: Thank you for your recent letter regarding the letter from the City of Saratoga in which.there is a proposed ordinance.for Increased business license taxes. , It seems that under the "Professional Business, General" category, where in the past I have been renewing ;my license for a fee of $75.00, the fee will increase to $150.00, in effect doubling the current fee. One important issue not addressed in the city's letter is where the additional revenue will be spent ?? Thank you for informing us of this matter, and please continue to keep us updated. Since ely, _ Karyn DeBoer Tollgate Interiors 20465 Saratoga - Los Gatos Road • Saratoga, California 95070 LA HACIENDA INN 18840 SARATOGA -LOS GATOS ROAD • LOS GATOS, CALIFORNIA 95030 • (408 354 -9230 -- FeBbdA 9505 -_ October 11, 1993 Preston Wisner Saratoga Chamber of Commerce 20460 Saratoga -Los Gatos Road Saratoga, California 95070 Subject: Business License Revisions Dear Mr. Wisner: Harry Peacock's letter to you on September 9, 1993 states the objective of the ordinance regarding business license taxes is to raise $400,000 in revenue (roughly doubling the current revenue). I assume that the additional $200,000 sought is to cover a deficit of the like amount, although there is no reference to it in Mr. Peacock's letter. Assuming the need to cover a deficit is real I believe the idea of the proposed fee schedule for 1994 business licenses seems realistic. After all, where else will the revenue come from? Homeowners? Further cost reductions (with their related lessening of services)? Or, should cities begin charging entrance tolls? I don't mean to be facetious (recall San Francisco's proposal to initiate a commuter tax). Nevertheless, the new tax proposal will add to the financial burden of many a business. I only ask, should a business which is losing money or tottering on the edge of ruin be hit with another burden? I think not. Thus, I believe there is a need for a two -tier fee schedule. I would be interested in learning of the spectrum of opinions regarding this new tax proposal. MCM:bf Sincerely, Michael C. Morosin rnF An -fu ( n6 L at k- nA0(1+`*`lll 9 7 . /%la�talf 50 9-a4dafa Goa 95070 October 8, 1993. Preston H. Wisner, Ph.D. President, Saratoga Chamber of Commerce 20460 Saratoga -Los Gatos Road Saratoga, California 95070 (408) 379- &300 SVaz (408) 379 -8773 Re: Proposed Business License fee increase for the City of Saratoga Mr. Wisner, We're shocked! A quick calculation tells us our business license fee will be in excess of $6,000.00. This is an increase of almost 7900 %! Pardon us if we find this to be a bit excessive. Gene's Quito Market has always felt that we have a duty and an obligation to be as supportive as economically possible of the city of Saratoga and its citizens. We certainly believe that we have a responsibility to pay our fair share of whatever it will take to help the city and our businesses survive. However, this business license fee increase puts an unfair burden on super markets which are within the Saratoga city limits. I would to an opportunity to discuss this issue with you further. l . V • V1 Vllll, Gene's Quito Market cc: Mr. Harry Peacock, City Manager OCT 13 '93 09 :53 LA MERE MICHELLE P.1 /1 Joseph C,Masek 14467 Big Basin Way Saratoga, Ca. 95070. OCt08EFl 11 1893. The Hon. Council of the City of Saratoga Fax : 741.1132 RE: PROPOSAL TO INCREASE BUSINESS LICENCE FEES TO WHOM IT MAY CONCERN : I SHOULD LIKE TO AIR MY OBJECTIONS TO THE PROPOSED INCREASE 11V THE BUSINESS LICENCF. FEES, AS THE PROPOSAL IS GROSSLY UNFAIR, A"l BUSIA/ESS AjVp ';N.IlRELy DISCRl•�1NATING. IT SEEMS THAT THE CI7 'WANT ;S TO FINANCIALLY I ?U1N 7:N& !/1' 1?Y PEOPZ,,�c WHO INVESTED THEIR SKILLS AND IVIONEY TO CONTRIBUTE TO THE CITY COFFERS WITH OENERATION OF ' R$ T'`I REVlvCJBS. IN AI11)lTION, 1fiSPECIALI,Y THE fESTAURANTS, ALREADY FIAVE THE HICFIEST PAYROLL EXPENSE IN T1-IE CITY AS WELL AS THE UICRESI, CONTRIg�/�lUN Ok' U`!"IL17Y 1"r1_rCES ADD1:D '1'O T'1Z1J? PC & E B14LS . THEYALSO PAYTHE HIGHEST FEES TO THE COUNIYS HFALTH DEpejRTMENT THE TIME HAS COME FOR THE CITY 1k9ANAGEMEN1' TD FACE T ODAY'S R Ar rj DES OF. ?h1I; STILL .SAGGING AND DORMANT ECONOMY. WE, THE BUSINESS PEOPLE OF SARATOGA HAD TQ SWALLOWMANYA BI77BR PILL 1N ?'HE RECENT PAST, AND WE FEEL THAT IT SIIOU D BE 7HR CITY'S TUR,1V TO LEARN TO "TIGHTEN UP THE mr' AS WE ALL WERE FORCED TO DO, AND C,U1' E LPENS� S INSTEAD OF FDREI'ER L001�ING FOR NEW FEF,S ANA 1NCt1EAS1XG TH,L OPERATING BUDGET, MAYBE THE DAY WILL COME THAT THE ENT.IJM CITY ADMIIVYSTItATIO,V KU IBIS REWARDED WITH S12ABLE "ft0)VUSCS' AR0N WHAT THEY CAN SAYi! FROM THE WORKING BUDGET, INSTEAD OF LOOKING FOR WHATEVER ELSE THEY CAN SQUEELB OUT OF HARD WORKING BUSINESS PEOPLB. I PERSONALLY SUPPORT A MOVE WHERE EVERYBUSINESS , INCLUDING ANY AND ALL SO CALLED INDEPENDENT CONTRACTORS, WOULD .BB TREA?^,L'D L'QUALLYAND PAVAN EQUAL SNARE. OCT 13 '93 89:53 LA MERE BELLE P.1/1 Joseph C.Mas+ek 14487 Rig Basin Way Saratoga, Ca. 95070. OCTOBER 11 1993, The Hon. Council of the City of Saratoga Fax : 741 -1132 RR: PROPOSAL TO INCREASE BUSINESS LICENCE FEES TO WHOM IT MAY CONCERN : I SHOULD LIKE TO AIR MY OBJECTIONS TO THE PROPOSED INCREASE IN THE BUSINESS LICENCE FEES, AS TILE PROPOSAL IS GROSSLY UNFAXR, AN'I'1 BUUNESS AND EN71R,ELY DISCRIMINATING. IT SEEMS THAT THE CI7Y WAMT S TO FINANCIALLY AM 7'HE 1%101ftY PEI op .,I; WHO INVEZED THEIR SILLS AN J A10iVEY TO CONTRIBUTE TO TIME CITY COFFERS WITH GENERATION OF SALES TAX REVENUES- IIYADDI'1'IUN, ESPECIALLY THE RESTAURANTS, ALR.EADYFIAVE THE IIIGIIEST PAYROLL EXPENSE IN THE CITY AS WELL AS THE IIIGIIIr`S!' CONI'1�113UTIOItI OF U'TII,ITY TAXES ADD4D TO THEIR PG & E BILLS. "HEY ALSO PAYTHE HIGHEST FEES TO THE COUNTY'S H&1LTH DE'PAIfTMENT. THE TIME HAS COME FOR THE CITYMANACEMENT TO FA (X 7'ODAYS 1?,EAX.!'!IE'S OF' THE STILL SAGGING ,&V DORMANT ECONOMY. WE, THE BUSINESS PEOPLE, OF SARATOGA HAD TO SWALLOW MANYA B77TE.R PILL IN TIIE RECENT PAST, AND WE FEEL THAT IT ,SHOULD BL" Me C177S TU8N 7`O Z,.E'ARN TO "TIGHTEN UP THE BELT' AS WE ALL WERE FORCED TO DO, .,jND CUl' EXPENSES XNSTEAD OF FOREVER LOOXINC FOR IVEW FEES AND INCREEASING TlhrE, OP1;i2 4 INGB tID(F,T, MAYBE TIIE DAY WILL COME THAT T77!A ENTIRE CITY ADM1AtjSTRA;TIQN WILL BE REWARDEI] WITH S12ABLE "BONUSES' FROJW WHAT MAY C4N.S4YZ PWOM THE WORKING BUDGET, IN.STEA.D OF LOOKING FOR WHATEYER ELSE THEY CAN SQUEEZE OL7 OF HARL) WORKING BUSINESS PEOPLE. I PERSONALLY SUPPORT A MOVE WHERE EYERYBUSINESS , INCLUDING ANYAND ALL SO CALLED INDEPENDENT CONTRACTORS, WOULD BB TREA7"11? E QUALI,Y AND PAY AN EQUAL SNARL:'. '.. . WARREN B. HEIR • AIA A N D A S S O C I A T E S A R C H I T E C T S P L A N N E R S 1 4 6 3 0 B I G B A S I N WAY S A R A T O G A . CALIFORNIA 9 5 0 7 0 • 8 6 7 - 9 3 6 5 October 12, 1993 Preston Wisner, President Saratoga Chamber of Commerce 20400 Saratoga -Los Gatos Road Saratoga, CA 95070 Re: Business License Revisions Dear Preston, This letter is in response to your request from members of the Chamber for our input on the Proposed Fee Schedule for Business Licenses for 1994 as sent to you by City Manager, Harry Peacock. I have been in business in Saratoga as an architect for almost 36 years and have, in general, agreed in the past with the policy of our City regarding business licenses and have worked with our city government. Naturally, I am interested in the objective of the ordinance to generate additional funds to run our City, but this method astounds me and many of my friends in other businesses. Comparing the fee for Architects, Engineers, Contractors, and Sub - contractors with two (2) other professional areas, the proposed fee schedule is unrealistic and unfair. This office checked with the Building Department today for a 40,000 sq.ft. building, such as the Inn at Saratoga, at a cost of construction of $4,000,000. The plan check fee would be $8,000 and the Building Permit would be $12,000. The permit fee for the electrical, mechanical, and plumbing work is $0.03 per sq. ft. for each area of work, or 40,000 sq.ft. x $0.03 x 3 for a total fee of $3,600 for this work. Adding all plan check and building permit fees you get the total amount of the fees of $23,600, and at 30 percent as proposed, my business license would cost $7,080. This business license proposal is unbelievably unfair as it pertains to the architect, engineers, contractor, and sub - contractors. If I read the proposal correctly, the total fee produced would be the $7,080 by at least three offices (architect, engineer, and general contractor) for a total of $21,240 in license costs for this one building. I have reviewed several other businesses, but not as carefully as mine. A real estate office with two (2) brokers and 30 employees would have a license fee of 2 x $150 plus $15 x 30, or a total fee Preston Wisner, President Chamber of Commerce October 12, 1993, Page 2. of $750.00. A dental office with three (3) dentists and five (5) employees would have a license fee of 3 x $150 plus $15 x 5, or a total fee of $525. I believe that the proposed fee for these two (2) professions is much higher than comparable license fees in other cities, but compared with my category as an architect, they are proportionately low when compared with their volume of work. I'm sure that the City Manager will hear from these professions stating that the proposed fee schedule is extremely high. To sum up my opinion of the proposed schedule, I believe that it is the requirements of the city government to work for the betterment of all citizens involved in their City. If you want healthy businesses, providing sales tax revenue to the City and convenience to residents for shopping, eating out, or for professional services, do not tax businesses so that they are forced to leave. Speaking for my category, I find the proposed fee, as I interpret the schedule, as absurd and preposterous. An architect, and other professions, are licensed by the State of California to perform their services anywhere in the State. A business license is generally required in the City where an office is located. I strongly urge our City Manager and City Council to thoroughly investigate a realistic fee program in all categories for a healthy business community before changing the business license schedule. Very truly yours, ren B. 4Heid IA WBH.hw �L-et= �, /A ' ` d-�-e- I; I! I I� 1 I i I I I I. I i1 i I ii I; l t p Karen Gafet Interiors October 4, 1993 Preston Wisner, President. Saratoga Chamber of Commerce 20460 'Saratoga* Los Gatos Road.. Saratoga, .Ca. '95070 Subject: Business License Revisions Dear Mr. Wisner: Thank you for your recent letter regarding the letter from the City of Saratoga in which.there is a proposed ordinance.for 'increased business license taxes. , It seems that. uhder the "Professional Business, General" category, where in the past I have been renewing my license fora fee of $75.00, the fee will increase to $150.00, in effect doubling the current fee. One important issue.not addressed in the city's letter is where the• additional revenue will be spent ?? Thank you for informing us of this matter, and please continue to keep us updated. Sincerely, Karen Ga }et Karen Galet Interiors 20465 Saratoga -Los Gatos Road • Saratoga, CA 95070 (408) 867 -6059 HARMONIE SKIN AND BODY CARE "Yo U 7- wo11d of beauty and well- being" Saratoga October 13 th,1993 CITY OF SARATOGA Attention• H Peacock_, City M na er Regarding the raise in business license fee. CC : Saratoga Chamber of Commerce, Saratoga Village Association, Dear Mr Peacock, A City can hardly pretend to attract small businesses by increasing and /or creating new business taxes and certainly not by creating a system that would penalized the growth of businesses. As a spa, Harmonie Skin and Body Care has to pay to City of Saratoga, in addition to the business license, a Massage Therapy License Permit which represents $2100 per year if the growth of the spa is limited to 4 therapists. The proposed schedule for 1994 represents an additional $225 per year. 25% of Harmonie Skin and Body Care clientele lives in Saratoga and as with most Saratogan they would prefer to see their beautiful town attract more small businesses then to become an empty town. It is what would happen ultimately as the City of Saratoga makes it more difficult for small businesses to survive by creating taxes and regulations that limit their growth. Choosing the City of Saratoga is becoming less desirable for our company as taxes for small businesses are being increased. When their leases expire, Harmonie Skin and Body Care and many other businesses, will have to reevaluate the sensibility of their choice of Saratoga as a viable location. The raise in business taxes will eventually reduce the number of business license applications in Saratoga and as a result, reduce the taxe amount generated by small businesses. To the contrary, the solution to generate more revenue for the City, is to increase the number of businesses in Sarato ga by demonstrating to businesses, through an advertising campaign, that Saratoga facilitates business with reasonable license fees and other means of encouragement. Aside from the risk of depleting Saratoga of its small businesses, the business license taxe proposal , will reduce the taxe amount generated by business licenses. It is a short term remedy that threatened the existence of Saratoga as a town. ds, P. Bottero, owner. 408. 741 •4997 14501 BIG BASIN WAY • SARATOGA • CALIFORNIA 95070 October 18, 1993 Saratoga Chamber of Commerce 2060 Saratoga -Los Gatos Road Saratoga, CA 95070 Honorable Mayor and City Council Members, I am the owner of lakes Restaurant at 12175 Saratoga- Sunnyvale Road, Saratoga. I have owned this particular business since 1982. 1 am writing to protest the proposed increases In business license fees. I realize that some increase in the fee schedule is necessary. However, In these trying times' fees that increase better than 90 percent seem unreasonable and excessive. I have been in business for some thirty plus years and seen increases in everything Imaginable. Nevertheless, in these last several years large Increases In many areas have made It more and more difficult to operate my business. 1 would ask that you consider the role small business has In the community and reconsider your positions on the huge Increases in the business license fees. Respectfully yours, Bernard Tougas Owner Jake's Restaurant TOTAL F. @2 i �v N '1Fle T fum & - -' A 'Tra.d iti on In Fine Dining Tuesday, October 5, 1993 Mr. Harry Peacock City Manager City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Mr. Peacock, OCT rc P9 V VED 1 1993 Ci I CITY MANAGER'S OFFICE is common knowledge that, overall, business in Saratoga stinks! It is, however, worthwhile saving what little business we have left in Saratoga. I feel that the primary goal of the city should be to find ways to improve the general attitude toward the local business community and to entice people to seek out Saratoga because it is truly a special place, not just a place that pretends to be a special place to shop and dine. We should create a task force consisting of business professionals and city representatives that can evaluate the current situation, meet with local businessmen and property owners, and consequently, develop a long range plan that will make Saratoga the place we all want it to be. .Ting all kinds of fees will only discourage viable new businesses from idering Saratoga as a possible business location. When license fees are based i gross receipts it's just another way for government to stick its nose in someone s business, as well as taking away one's motivation to do better. aus Saratoga City Council Saratoga Chamber of Commerce Saratoga Village Association 14555 Big Basin Way, Saratoga, CA 95070 (408) 867 -4711 Fax: (408) 867 -6919 1. 2. 3. 4. S. G. EX#'1617 PIZO130SE-D FEE SCHEDULE FOR BUSINESS LICENSES 1994 RL- CIIEATION BUSINESSES AMUSEMENT DEVICES (Pinball, Video Games) JUKEBOX CARNIVAL, CIRCUS '['III A'I'R1CAL PERFORMANCES, CONCIat'rS, BALLET ESCORT SERVICES Olt BUREAUS 7. ARCHITECTS, E- NGINEERS, CONTRACTORS, SUBCONTRACTORS 8. DAY CARL AND PRIV A'L'L• Olt NURSERY SCHOOLS 9. 10. 11. 12. 13. 14 15. DELIVERY SERVICES HANDBILL DISTRIBUTION HOME OCCUPATION PROFESSIONAL INSTRUCTION September 8, 1993 $50 plus $0.75 per $1,000 of gross receipts in excess of $50,000 $50 a year for eac`n game i$50 per year $250 per day $10 per performance or $100 per se;tson $500 plus $100 for each employee $50 per year plus 30% of all permit and plan check fees paid $50 plus $.50 per $1,000 of gross receipts receipts in excess of $25,000 $ 100 per year $25 per clay $ l00 per year $ i00 per year PHOTOGRAPHY: MOVIES Olt VIDEOS ON CI'T'Y PROPER'T'Y $500 per day MOV.IL:S OR VIDEOS ON U'1'11131t I'ROPER'T'Y $250 per day S'T'ILL PHOTOGRAPHY ON CI'T'Y PwPI;RTY $ 50 per day STILL PHOTOGRAPHY ON OTHER PROPERTY $ 25 per day PROFESSIONAL BUSINESSES, GENERAL $150 per professional plus $15 per employee PROPERTY LEASING $50 plus $3 per 1,000 square feet of gross leasable space in excess of 5,000 square feet EXH181r Page 2 - Proposed Fee Schedule liar 13usiness Licenses 1904 16. MANUFACTURING, WHOLESALING, DISTRIBUTION TO RE'TAILE'RS 17. RESTAURANTS, CATERERS, DI:LICA'1'1:SSL'NS 18. RETAIL BUSINESSES, Gl N1.:RAL 19. 1'001) SERVICES (MARKI ?'1'S) 20. MISCELLANEOUS BUSINESSES 21. SEASONAL BUSINESSES 22. SECURITY ALARMS 23. REAL ESTATE SALES OR 13ROKERAGE $50 plus $.50 per $1,000 of gross receipts in excess of $50,000 $50 plus $35 per $1,0(x) of gross receipts in excess of $50,000 $50 plus $.75 per $1,000 of gross receipt.~ in excess of" $50,000 $50 plus $.50 per $1,000 oi' gross receipts in excess of $50,000 $50 plus $.75 per $1,000 of gross receipts in excess of $50,000 $100 per season $100 plus $3 per $1,000 of gross receipts in excess of $25,000 $150 per active broker plus $15 per employee. Sales persons are employees 24. VENDING MACHINES (MERCHANDISE Olt SERVICE'S) Cost of $.25 or less $25 per machine Cost from $.26 to $1.00 $45 per machine Cost from $. ?.G to $2.00 $55 per machine Cost from $.26 to $3.00 $65 per machine Cost from $.26 to more than $3.00 $75 per machine 25. PERSONAL CARE SALON (BEAUTY, BARBER, $75 for the first chair NAILS, TANNING, SPAS, MASSAGE) or station, plus $25 for each additional chair or station 26. RENTAL UNITS (RI?SIDI'sN'TIAI.) $50 tor&•iw5 units, plus $5 11ir each unit over 5 in number EXHIBIT 2 1994 BUSINESS LICENSE TAX ASSUMPTIONS -GROSS RECIEPTS CATEGORY REVENUE ASSUMPTIONS no. bus base fee rate /emp g.r. /fee Consultant $28,200 188 $150 Contractors $167,686 634 $50 0.3 $453,286 General Garden Service $8,100 81 $100 Manufacturers $5,625 25 $50 0.5 $8,750 Medical Services $8,850 59 $150 $40 Non - profit no fee Other $400 8 $50 Personal Salon $4,550 19 $150 68 $25 Professional Services $26,430 155 $150 212 $15 Restaurants $31,195 35 $50 0.75 $39,260 Retail $32,650 275 $50 0.75 $25,200 Services $49,200 328 $150 Real Estate $13,320 61 $150 278 $15 Peddlers & Solicitors $43,000 Miscellaneous $10,000 TOTAL $429,206 Building Permits $453,287 Engineering Fees $106,792 $772 for $100,000 $2.31 per $1,000 for contractors $502 plan check fee 65% $1.50 per $1,000 for architects & engineers PROPOSED FEE SCHEDULE FOR BUSINESS LICENSES 1994 (REVISED OCTOBER 25, 1993) 1. RECREATION BUSINESSES $100 plus $25 per day MOVIES OR VIDEOS ON OTHER PROPERTY each *FTE employee per day over 1 in number, $ 50 per maximum license fee STILL PHOTOGRAPHY ON OTHER PROPERTY $ 25 $500 2. AMUSEMENT DEVICES $50 a year for each (Pinball, Video Games) game 3. JUKEBOX $50 per year 4. CARNIVAL, CIRCUS $250 per day 5. THEATRICAL PERFORMANCES, $10 per performance CONCERTS, BALLET or $100 per season 6. ESCORT SERVICES OR BUREAUS $500 plus $100 for each employee 7. CONTRACTORS, SUBCONTRACTORS $50 per year plus a 25% surcharge on all permit fees 8. DAY CARE AND PRIVATE OR $100 plus $20 per NURSERY SCHOOLS each FTE employee over 1 in number, maximum license fee $500 9. DELIVERY SERVICES $100 per year 10. HANDBILL DISTRIBUTION $25 per day 11. HOME OCCUPATION $100 per year 12. PROFESSIONAL INSTRUCTION $100 per year 13. PHOTOGRAPHY: MOVIES OR VIDEOS ON CITY PROPERTY $500 per day MOVIES OR VIDEOS ON OTHER PROPERTY $250 per day STILL PHOTOGRAPHY ON CITY PROPERTY $ 50 per day STILL PHOTOGRAPHY ON OTHER PROPERTY $ 25 per day 1 0 14. PROFESSIONAL BUSINESSES, GENERAL 15. PROPERTY LEASING 16. MANUFACTURING, WHOLESALING, DISTRIBUTION TO RETAILERS 17. RESTAURANTS, CATERERS, DELICATESSENS 18. RETAIL BUSINESSES, GENERAL 19. FOOD SERVICES (MARKETS) 20. MISCELLANEOUS BUSINESSES 21. SEASONAL BUSINESSES 22. SECURITY ALARMS 2 $100 plus $40 for each additional professional or non professional employee over 1 in number, maximum license fee $500 $50 plus $3 per 1,000 square feet of gross leasable space in excess of 5,000 square feet $100 plus $15 per each FTE employee over 1 in number, maximum license fee $500 $100 plus $20 per each FTE employee over 1 in number, maximum license fee $500 $100 plus $20 per each FTE employee over 1 in number, maximum license fee $500 $100 plus $15 per each FTE employee over 1 in number, maximum license fee $500 $100 plus $20 per each FTE employee over 1 in number, maximumn license fee $500 $100 per season $100 plus $5 for each customer within the City, maximum license fee $500 23. REAL ESTATE SALES OR BROKERAGE $100 plus $40 for each additional Professional or non professional employee over 1 in number, maximum licens,a fee ;500 24. VENDING MACHINES (MERCHANDISE OR SERVICES) Cost of $.25 or less $25 per machine Cost from- ;.26 to $1.00 $45 per machine Cost from $.26 to $2.00 $55 per-machine Cost from $.26 to $3.00 $65 per machine Cost from x.26 to more than $3.00 $75 per machine 25. PERSONAL CARE SALON (BEAUTY, BARBER, $100 for the first NAILS, TANNING, SPAS, MASSAGE) chair or station plus $25 for each additional chair or station, maximum license fee $500 26. RENTAL UNITS (RESIDENTIAL) *Full Time Equivalent f: \hrp \busfee.rev 3 $50 plus $5 per unit for each unit in excess of 4, maximum license fee $500 EXHIBIT 4 1994 BUSINESS LICENSE TAX ASSUMPTIONS - EMPLOYEE BASED CATEGORY Consultant Contractors General Garden Service Manufacturers Medical Services Non - profit Other Personal Salon Professional Services Restaurants Retail Services Real Estate Peddlers & Solicitors Miscellaneous TOTAL Employees Building Permits REVENUE ASSUMPTIONS no. bus base fee emp fee $31,040 188 $100 306 $40 $145,022 634 $50 $113,322 $10,840 81 $100 137 $20 $2,890 25 $100 26 $15 $13,340 59 $100 186 $40 no fee $820 8 $100 1 $20 $3,600 19 $100 68 $25 $23,980 155 $100 212 $40 $10,380 35 $100 344 $20 $48,620 275 $100 1056 $20 $55,260 328 $100 1123 $20 $17,220 61 $100 278 $40 $43,000 $10,000 $416,012 3,737 $453,287 FXP19 /' ORDINANCE NO. 71- M M G°a ff V AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING ARTICLE 4 -05 AND ADDING ARTICLE 4 -06 TO THE CODE OF THE CITY OF SARATOGA RELATING TO BUSINESS LICENSES RECITALS The City Council of the City of Saratoga does ordain as follows: Section 1. Article 4 -05 of the Code of the City of Saratoga is hereby amended to read as follows: "Article 4 -05 - BUSINESS LICENSES 4- 05.010 Purpose of article 4- 05.020 Definitions 4- 05.030 Compliance with other laws 4- 05.040 Unlawful businesses not authorized; license void 4- 05.050 License required 4- 05.060 Separate license for each business and location 4- 05.070 Application for license 4- 05.075 Application for license, failure to file affidavit, fee determination 4- 05.080 Issuance of license 4- 05.090 Term of license 4- 05.100 License fee payment, when 4- 05.110 Penalty for delinquency 4- 05.115 License fee payment method 4- 05.120 Display of license 4- 05.130 Duplicate license 4- 05.140 Transferability of license 4- 05.150 Revocation of license 4- 05.160 Exemptions from license requirement 4- 05.170 Exemption from license fees 4- 05.180 Claims for exemptions 4- 05.190 Enforcement; License Collector's duty 4- 05.195 Enforcement inspection authority 4- 05.200 Violation of article, penalties 4- 05.010 Purpose of Article. This Article is enacted for both regulatory and revenue purposes pursuant to Section 16000 of the Business and Pro- fessions Code and Section 37101 of the Government Code, and all other applicable laws. It requires the registration and the licensing of all businesses not expressly excluded therefrom, and 1 M M G°� ff V the payment of license fees by all businesses not specifically exempted therefrom. 4- 05.020 Definitions. For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section, unless the context or the provision clearly requires otherwise: (a) Business means each and every business, commercial or industrial enterprise, trade, profession, occupation, vocation, calling or any means of livelihood, whether or not carried on for gain or profit, either on a continuous or occasional basis. The term shall include solicitors and peddlers hereinafter defined. The term shall include any person, whether having a fixed place or business in the City or not, who operates a motor vehicle over the streets of the City for the purpose of pick -up or delivery of personal property in the City, or who uses such vehicle for any other purpose in connection with the transaction of any business of such person, including without limitation, and by way of example, the route delivery of bread, bakery products, milk, groceries, laundry and cleaners, and the nonroute delivery of building materials, goods, wares or merchandise of any kind or description. (b) Employee means any person engaged in the operation or conduct of any business, whether as an owner, partner, officer, agent, manager or administrator, and any and all other persons employed or working in said business, either on a continuous or occasional basis, in either a full time or part time capacity. In determining the number of employees for the purpose of fixing the license fee due under this Article, the employer shall take the number of employees as defined in this subsection, employed within the City of Saratoga, earning wages during pay periods nearest the fifteenth day of each month, as reported to the State Department of Employment on forms which are used for reporting payments due under the Unemployment Insurance Act, for each month of the previous calendar quarter, adding the same and dividing by three; then adding together the total number of hours worked by all employees and dividing by 172. This figure shall be used as the number of full time equivalent employees for fixing the license fee. If an employer has been in business for less than one year, he may use the average number of full time equivalent employees who will be employed by him during the remainder of the calendar year. If the employer has been in business less than one year he may use the average number of employees who will be employed by him during the remainder of the calendar year. 2 M M p ff V (c) Engaged in business means the conducting, operating, managing or carrying on of a business, whether done as an owner, or by means of an officer, agent, manager, employee, servant or otherwise. Whenever any person shall by the use of signs, circulars, cards, telephone books or newspapers advertise, hold out or represent that he is in business in the City, or whenever any person holds an active license or permit issued by a governmental agency indicating that he is in business in the City, or whenever any person makes a sale, takes an order, renders a commercial service or performs any other similar act within the City, then such fact shall be considered prima facie evidence that such person is engaged in business within the City. (d) Fixed place of business means the premises within the City where a business is continuously conducted from day to day and regularly kept open for the purposes of such business. The term "regular place of business" shall have the same meaning as "fixed place of business." A fixed place of business shall include the residence of the licensee where the business is conducted from such residence; provided, that the conduct of the business from such residence does not violate any provision of this Code or other law. (e) Gross receipts means the total amount of the sale price of all sales, the total amount charged or received for the performance of any act, service, or employment of whatever nature it may be, whether such act, service or employment is done as a part of or in connection with the sale of goods, wares, merchan- dise or not, for which a charge is made or credit allowed, including all receipts, cash, credits, or property of any kind or nature, any amount for which credit it allowed for the seller to the purchaser without any deduction therefrom on account of the cost of the property sold, the cost of materials, use, labor or service cost, interest paid or payable, losses or any other expenses whatsoever; provided, that cash discounts allowed or taken on sales shall not be included. Gross receipts also includes the amount of any federal, manufacturer's or importer's excise tax included in the price of the property sold, even though the manufacturer or importer is also the retailer thereof and whether or not the amount of such tax is stated as a separate charge. But gross receipts shall not include the amount of any federal tax imposed on or with respect to retail sales whether imposed upon the retailer or upon the consumer and regardless of whether or not the federal tax is stated to the customer as a separate charge, or any California State, city or city and county sales or use tax required by law to be included in or added to the purchase price and collected from the consumer or the purchaser, or such part of the sales price of any property previously sold and returned by the purchaser to the seller which is refunded by the seller by way of cash or credit allowances, given or taken as part payment on any property so accepted for resale. 3 M M � � V (f) License means the certificate issued by the City to the licensee after such person has registered his business in accord with this Article, and where a license fee is imposed by this Article, after payment of such fee. (g) Licensee means each person subject to be licensed under the terms of this Article, whether or not such a license has actually been procured. (h) Person includes all domestic and foreign corporations, associations, syndicated, joint stock corporations, partnerships of every kind, clubs, California business or common law trusts, societies, and individuals transacting and carrying on any business in the City of Saratoga, other than as an employee of a person licensed hereunder. (i) Peddler means any person who goes from house to house, or from place to place, in the City, selling and making immediate deliveries or offering for sale and immediate delivery to persons other than manufacturers, jobbers or retailers of such commodi- ties, any goods, wares, merchandise or any other thing of value in possession of such person, or who offers services to be per- formed immediately, and shall include any itinerant vendor who sells merchandise or property from any vehicle. (j) Solicitor means any person who goes from house to house, or from place to place, in the City, soliciting orders from persons other than manufacturers, wholesalers, jobbers or retailers of such commodities, for any goods, wares, merchandise or other thing of value for future delivery, or soliciting orders from any person for services to be performed in the future, or making, manufacturing, or repairing any article whatsoever for future delivery, or soliciting information for use in the compilation of any listing, directory or information designed for use in compilation or analysis of data for commercial purposes, or soliciting contributions of money or other property or services for any charitable, social service, political, benevo- lent or patriotic purpose, regardless of whether or not such solicitation is by or on behalf of any nonprofit organization. The term "solicitor" shall include a person taking subscriptions to newspapers, periodicals, magazines or other publications or tickets of admission to entertainments or memberships in any clubs. (k) License collector means an officer or person appointed by the City Council by resolution or ordinance to perform the duties of tax collector as set forth in this code. The Sheriff of Santa Clara County, or his deputies, may assist the license collector in the performance of his duties, as hereinafter set forth. 12 M M R ff V 4- 05.030 Compliance with other laws. Nothing contained in this Article shall be deemed to repeal, amend, be in lieu of, replace or in any way affect any requirement for any license or permit, or license fee or permit fee, required by, under or by virtue of any other provision of this Code or any other ordinance or resolution of the City. Where a particular business activity is the subject of any other provision contained in this Code, or in any other ordinance or resolution of the City, the requirements of such other provision shall be satisfied in addition to the requirements of this Article. 4- 05.040 Unlawful business not authorized; license void. No license issued under the provisions of this Article shall be construed as authorizing the conduct or continuation of any illegal or unlawful business, or any business conducted in violation of any provision of this Code or any other ordinance or resolution of the City. Any license issued under this Article to such illegal or unlawful business or to any business conducted in violation of any provision of this Code, or any license issued contrary to the terms of this Article, shall be void. 4- 05.050 License required. It shall be unlawful for any person, whether as principal or agent, clerk or employee, either for himself or for any other person, to commence, engage in, conduct or carry on any business in the City not otherwise excluded by this Article, without first having registered such business with the City and having procured a license from the City to conduct such business, or without complying with any and all provisions contained in this Article. 4- 05.060 Separate license for each business and location. A separate business license must be obtained and a separate business license fee must be paid for each separate business engaged in, regardless of whether one or more of such businesses are conducted from the same location, and a separate business license must be obtained and a separate business license fee must be paid for each branch, establishment or location in the City at or from which the business engaged in is carried on, the same as if each such branch establishment or location were a separate business. Each license shall authorize the license to engage only in the business licensed thereby at the establishment or location designated in such license. 4- 05.070 Application for License. (a) Every person required to have a license under the provisions of this Article shall make application for the same, 5 M M p ff V or application for renewal of the same, to the License Collector. Such application shall be a written statement on form or forms provided by the License Collector, shall be signed by the applicant under penalty of perjury, and each such application shall be permanently filed at said License Collector's office and shall constitute a registration of the business. Each application shall set forth such information as may be therein required, and in all events shall include the names and addresses of all owners of the business, the nature of the business, the location of the principal place of business and the location and zoning classification of each place of business within the City. (b) No statements shall be conclusive as to the matter set forth therein, nor shall the filing of the same preclude the city from collecting by appropriate action such sum as is actually due and payable hereunder. Such statement and each of the several items therein contained shall be subject to audit and verification by the license collector, his deputies, the sheriff of Santa Clara County, or his deputies, or authorized employees of the city, who are authorized to examine, audit, and inspect such books and records of any license or applicant for license as may be necessary in their judgment to verify or ascertain the amount of license fee due. (c) All licensees, applicants for licenses, and persons engaged in business in the city are required to permit an examination of such books and records for the purposes aforesaid. (d) The information furnished or secured pursuant to this code shall be confidential to the extent permitted by the California Public Records Act (Government Code Section 6250 et sea.) and any successor statute. 4- 05.075 License Application; Failure to File Affidavit; Fee Determination. (a) If any person fails to file any required statement within the time prescribed, or if after demand therefor made by the license collector he fails to file a corrected statement, the tax collector may determine the amount of license fee due from such person by means of such information as he may be able to obtain. (b) If such a determination is made, the license collector shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States mail at Saratoga, California, postage prepaid, addressed to the person so assessed at his last known address. Such person may, within fifteen days after the mailing or serving of such notice, make application in writing to the license collector for a hearing on the amount of the license fee. If such application is made, the tax collector shall cause the matter to be set for hearing within R mmG1ff V fifteen days before the city council. The license collector shall give at least ten days' notice to such person of the time and place of hearing in the manner prescribed in this subsection for serving notices of assessment. The council shall consider all evidence produced and shall make findings thereon, which shall be final. Notice of such findings shall be served upon the applicant in the manner prescribed in this subsection for serving notices of assessment. (c) In addition to all other powers conferred upon him, the license collector shall have the power, for good cause shown, to extend the time for filing any required sworn statement for a period not exceeding thirty days, and in such case to waive any penalty that would otherwise have accrued, and shall have the further power, with the consent of the council, to compromise any claim as to the amount of license fee due. 4- 05.080 Issuance of license. (a) Except as otherwise provided in this Section, upon the receipt and filing of the license application, and in those cases where a license fee is required, upon receipt of the requisite license fee therefor, the License Collector shall prepare, sign and issue to every such person a license certificate in such form as said Collector shall provide, which license shall state the amount of the license fee paid therefor, the duration of the license, the name and address of the person to whom the license is issued, the nature of the business and the address of each location within the City where such business will be conducted. (b) The License Collector shall have no duty to issue a license for any unlawful business or a business to be conducted at any unlawful location. Prior to the issuance of any license to a new business with a fixed location in the city, or to any other business for which a previous license has expired, the License Collector shall cause an investigation to be made to determine that the proposed place of business is not in violation of any zoning or building regulations of the City. Any refusal or denial by the License Collector of a business license may be appealed to the City Council in accordance with the procedure set forth in Section 2- 05.030 of this Code. (c) In the event that, for any reason, a license is issued for any unlawful business or a business to be conducted at any unlawful location (whether the same be unlawful because of violation of any zoning or building regulation or for any other reason), the same shall not constitute any permit for, nor any approval of, any such violation; nor shall such license, or the act or omission of the City, its officers, agents or employees in issuing the same, either prevent or estop the City from enforcing the regulation, ordinance or Code provisions so violated; nor 7 I M C� �4 shall the City or any of its officers, agents or employees be liable for any act or omission in issuing such a license. (d) Where a peddler's or solicitor's license is issued and the licensed person or organization plans to operate through one or more employees, a single license may be issued to the employer- applicant, together with business license identification cards for each of such applicant's employees, and a separate business license for each such employee shall not be required to be issued. , 4- 05.090 Term of licenses. _ All licenses required to be obtained pursuant to this Article shall be annual licenses issued for the period commencing January 1st of each year and expiring on December 31st of the same year, except that peddler's and solicitor's licenses may be issued on a daily, weekly, monthly or annual basis. 4- 05.100 License Fee Payment; When. (a) Unless otherwise specifically provided, all annual license fees under the provisions of this Article shall be due and payable in advance on the first day of January of each year. License fees for initial periods of less than one year shall be prorated as follows: (1) For periods of nine months or more, one hundred percent of annual fee; (2) For periods of more than four months and less than nine months, seventy -five percent of the annual fee; and (3) For periods of four months or less, fifty percent of the annual fee. (b) There shall be no refund of license fees. (c) Except as otherwise herein provided, license fees, other than annual, required hereunder shall be due and payable as follows: (1) Semiannual license fees on the first day of January and the first day of July of each year; (2) Quarterly license fees on the last day of January, April, July and October of each year. Whenever a license fee is a quarterly fee measured by gross receipts, the applicant for the license shall, at the time of making application therefore, file with the city a statement setting forth the nature of the business and its location, and the expiration of the first quarterly fee period subsequent to commencement of business, and 8 M M I ff V for every quarter thereafter, such person shall file with the city a statement setting forth the gross receipts of the business for the quarter then expired and shall pay at the time a license fee computed at the rate specified for that classification of business; (3) Daily flat rate license fees, each day in advance. 4- 05.110 Penalty for delinquency. Any person who fails to pay any business license fee within 30 days after the time it is due and payable under the terms of this Article, shall pay a penalty of ten percent of the amount of the fee in addition thereto, and shall pay an additional ten percent of the amount of such fee for each month of continued delinquency after the first month; provided, however, that the amount of such penalty shall in no event exceed the amount of the original license fee. 4- 05.115 License Fee Payment; Method. (a) Unless otherwise provided in this section, all fees, owing to the city may be paid by personal check if the financial institution upon which the personal check is drawn is located in California, and the person drafting the personal check is a resident of California and provides proof of residency. (b) Any person whose personal check is returned to the city without payment shall pay a penalty charge of ten dollars. The ten dollar penalty charge shall be added to the fee, for which the personal check was drafted and that monetary obligation shall not be deemed to have been paid until both the monetary obligation and the ten dollar penalty charge have been honored and paid by the financial institution. (c) For a period of two years, the city may require a person whose personal check was returned to the city without payment to pay all fees, by cash, a cashier's check or postal money order. (d) In addition to the provisions of this section, a person whose personal check is returned to the city without payment is liable for all civil penalties authorized by California Civil Code Section 1719. (e) All negotiable instruments shall be made payable to the order of the city. (f) The penalties provided in this section shall be imposed in addition to penalties due under Section 4- 05.200. p7 M M I �4 4- 05.120 Display of license. Every person having a license under the provisions of this Article for engaging in business at a fixed place of business in the City shall keep such license posted for exhibition while in force in some conspicuous place in his place of business. Every person having such a license and not having a fixed place of business in the City, shall carry such license with him at all times while carrying on the business for which the same was granted. Where such business is conducted through the operation of a motor vehicle over the streets of the City, such license or an exact copy thereof shall be carried in each such motor vehicle by the operator thereof at all time during which such motor vehicle is in operation in the conduct of such business within the limits of the City. Every person having a license shall produce and exhibit the same whenever requested to do so by any police officer or any person authorized to issue or inspect licenses or to collect license fees. Every person licensed as a peddler or solicitor shall wear the identification card issued to him in a prominent position on his outer clothing so it is legible to each prospective customer at all times. 4- 05.130 Duplicate licenses. A duplicate license may be issued by the License Collector to replace any license previously issued hereunder which has been lost or destroyed, but which is still in full force and effect, upon the license filing an affidavit attesting to such fact, and at the time of filing such affidavit paying the License Collector a duplicate license fee of One Dollar. 4- 05.140 Transferability of license. 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 licensee to engage in the licensed business. Any attempted transfer or assignment of any license or identification card shall automatically revoke the license, and any revocation of a license shall automatically revoke all identification cards issued thereunder. 4- 05.150 Revocation of licenses hearings; new license after revocation. (a) Grounds for revocation. Any license issued pursuant to this Article is subject to revocation for cause on any one of the following grounds: 10 DG�f}4 (1) A false or fraudulent statement or misrepresentation of any material fact in the application for the license. (2) Violation by the licensee of any provision of this Code or any other ordinance or regulation of the City. (3) The existence of any ground for which an initial application for a license would be denied, except for a change in zonirg regulations subsequent to the issuance of the license which results in the business constituting a lawfully established nonconforming use, in which case, the use shall be subject to all of the zoning regulations pertaining to nonconforming uses. (4) Conducting the business in an illegal, improper or disorderly manner, or in a manner which endangers the public health, safety or welfare. (b) Notice of revocation. The City Clerk shall give notice to the licensee of the City's intention to revoke the business license and the grounds for such revocation. The notice shall also set forth the time and place when the matter will be heard by the City Council. The notice shall be sent to tha licensee, at the address of the principal place of the business shown on the application for the license, at least ten days prior to the date of the hearing. (c) Hearing and determination by City Council. At the time and place indicated in the notice of revocation, the City Council shall conduct a public hearing to determine whether the business license in question should be revoked. The Council shall render its decision within ten days after the conclusion of the public hearing. Until -such decision is rendered., the licensee may continue to operate his business. The Council may revoke the business license, based upon a finding that one or more grounds for revocation exist, or the Council may permit the licensee to continue the operation of his business pursuant to the terms of the original license or subject to compliance with such additional conditions as the Council may impose in lieu of revocation. The decision of the City Council shall be final. Any revocation of a business license shall automatically revoke all identification cards issued in conjunction therewith and shall automatically revoke any permit issued to the licensee under any other provision of this Chapter. (d) New license after revocation. Whenever a license has been revoked pursuant to this Section 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 License Collector 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 11 M N p ff 4 applicant, and he may appeal any adverse decision of the License Collector to the City Council in accordance with the procedure set forth in Section 2- 05.030 of this Code. (e) Fee Refund Not Made, Reissuance Prohibition Period. Upon revocation of a license, no part of the fee collected shall be returned. 4- 05.160 Exemptions from license requirement. Except as otherwise provided i,i Section 4- 05.170, the following persons, organizations and activities shall be exempted from the provisions of this Article and shall not be required to obtain a business license hereunder. (a) Any business conducted for a religious, educational, benevolent or charitable purpose from which no profit is derived. (b) The conduct of any entertainment, amusement, dance, concert, lecture, exhibition or athletic event where the receipts, if any, are used solely for benevolent or charitable purposes and not for private gain of any person. (c) The conduct of any entertainment, amusement, dance, concert, lecture, exhibition or athletic event by a nonprofit religious, educational, charitable, fraternal, amateur theatrical group, military, state, county or municipal organization or association where the receipts, if any, are for the purposes and objects for which the organization or association is formed, and from which no private gain is derived, directly or indirectly, by any person. y (dy_ Any water, sewer, gas, electricity or telephone public utility company or district. (e) Any person conducting business pursuant to a franchise agreement with the City which provides for the payment to the City of a franchise fee or other consideration. (f) Occasional and incidental deliveries of goods, wares and merchandise into the City by persons not having a fixed place of business in the City. (g) Any natural person engaged in any business solely as an employee of any other person conducting, managing or carrying on such business in the City and not an owner, partner, associate or principal in such business, where such business is otherwise licensed under this Article, unless such person is a peddler or solicitor. (h) Every natural person of the age of eighteen years or under whose annual gross receipts from any and all business does 12 M M f� ff V not exceed Four Thousand Dollars, unless such person is also a peddler or solicitor other than a completely self employed or solicitor. (i) Banks, including national banking associations, to the extent provided by Article 13, Section 27 of the State Constitution, and insurance companies and associations, to the extent provided by Article 13, Section 28 of the State Constitution. (j) Any person whom the City is not authorized to license for revenue or regulatory purposes by virtue of any law or Constitution of the United States or of the State. 4- 05.170 Exemption from license fees. A business license issued pursuant to this Article, shall be required for the following persons, organizations and activities, but the same shall be exempted from payment of the license fee set forth in Section 4- 05.100: (a) Any person engaged in a business or activity, otherwise exempted under Paragraph (a), (b) or (c) of Section 4- 05.160, who conducts such business or activity through the use of one or more peddlers or solicitors. Such person shall furnish to the License Collector as part of his application for a business license, the name and address of each individual peddler or solicitor, together with a statement of all times during which the peddling or soliciting will be carried on and a sample of the identification to be used by each peddler or solicitor. (b) The business of conducting a boardinghouse, lodginghouse, or apartment house containing less than four sleeping rooms for hire, or any private boardinghouse or other place where meals are sold having less than four boarders. 4- 05.180 Claims for exemption. (a) Every person engaged in business in the City is rebuttably presumed to be subject to the licensing requirements of this Article. Except as otherwise provided in this Section, no person shall be exempted from the licensing requirements until a determination has been made by the License Collector of the existence of facts entitling the person to such exemption. The burden of proof of any such claim of exemption shall be upon the applicant. (b) No claim for exemption from this Article based upon Section 4- 05.160 shall be required unless and until a demand therefor is made by the License Collector, in which event, the person claiming such exemption shall file a verified statement of the reasons for the exemption together with such other information and documents as may be requested by the License 13 Collector in order to determine Upon a determination being made an exemption, such determination applicant's statement, signed by in the City offices, with a copy applicant. M M & f� V the status of the applicant. that the applicant is entitled to shall be endorsed upon the the License Collector, and filed thereof being delivered to the (c) Any person claiming to be exempt under Section 4- 05.170 from the payment of a license fee shall make application therefor to the License Collector on such form as he shall prescribe. The application shall be accompanied by such information and documents as the License Collector may require in order to determine the status of the applicant. Upon an determination being made that the applicant is entitled to an exemption from the payment of a license fee, and provided the applicant is otherwise entitled to a business license, the License Collector shall issue such license, without charge, and shall indicate on the face thereof that the license is exempted from the license fee. (d) In any case where a license or an applicant for a license believes that his individual business is not properly classified because of circumstances peculiar to it, as distinguished from other businesses of the same kind, he may make a claim to the License Collector for reclassification. Such application shall contain such information as the License Collector may deem necessary and required in order to determine whether the applicant's individual business is properly classified. The License Collector shall then conduct an investigation, following which he shall assign the applicant's individual business to the classification shown to be proper on the basis of such investigation. The proper classification is that classification which, in the opinion of the License Collector, most nearly fits the applicant's individual business. Any resulting reclassification shall not be retroactive. No business shall be reclassified at the request of the licensee more than once in one year. (e) Any decision or determination made by the License Collector under the provisions of this Section may be appealed to the City Council in accordance with the procedure set forth in Section 2- 05.030 of this Code. (f) Any determination by the License Collector or City Council that a person or business is exempt from the licensing requirements of this Article, or is exempt from the payment of a license fee, shall not be conclusive upon the City and may be reopened at any time by the License Collector or the City Council. 14 M M I � V 4- 05.190 Enforcement of Article. It shall be the duty of the License Collector and he is hereby directed, to enforce all of the provisions of this Article. In the exercise of such duty, the License Collector may enter and inspect all places of business in the City to ascertain whether any provisions of this Article 4 -06 have been violated. 4- 05.200 Violation of Article; penalties. (a) The violation of any provision contained in this Article is hereby declared to be unlawful and shall constitute a misdemeanor and a public nuisance, subject to the penalties as prescribed in Chapter 3 of this Code. The enforcement of this Article pursuant to Chapter 3 shall be in addition to any proceedings conducted under Section 4- 05.150 to revoke a business license by reason of the same violation. (b) The amount of any license fee and penalty imposed by the provisions of this Article shall be deemed a debt to the City, and any person carrying on any business without having first procured a license hereunder from the City to do so shall be liable in an action under the name of the City in any court of competent jurisdiction for the amount of such license fee and penalties imposed on such person, together with reasonable attorney's fees and all costs of suit, as provided in Article 3- 10 of this Code. (c) Any person who knowingly or intentionally misrepresents to any officer or employee of the City any material fact in applying for a license under this Article, or in claiming an exemption under this Article, shall be guilty of a misdemeanor, and any business conducted without a license in violation of this Article shall be deemed to be a public nuisance, and may be summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense. (d) The conviction and punishment of any person for failure to pay the required license fee or for conducting a business without a license shall not excuse or exempt such person from any civil action for the license fee debt unpaid at the time of such conviction, nor shall any civil action prevent a criminal prosecution for any violation of the provisions of this Article or of any State law requiring the payment of all license fees." 15 M M � �4 Section 2: Article 4 -06 is hereby added to the Code of the City of Saratoga, to read as follows: Sections: 4- 06.010 4 -06 -020 4- 06.030 4- 06.040 4- 06.050 4- 06.060 4- 06.070 4- 06.080 4- 06.090 4- 06.100 4- 06.110 4- 06.120 4- 06.130 4- 06.140 4- 06.150 4- 06.160 4- 06.170 4- 06.180 4- 06.190 4- 06.200 4- 06.210 4- 06.220 4- 06.010 Generally. "LICENSE FEE SCHEDULE Generally. Recreational Businesses; Amusement Devices. Architects, Engineers, Contractors and Subcontractors. Day care, private and nursery schools. Delivery services. Handbill distribution. Home occupations. Professional Instruction. Photography. Professional businesses, general. Property leasing. Real estate sales or brokerage. Manufacturing, packing, processing, fabrication wholesaling, distributing. Restaurants, Caterers, Delicatessens. Retail Business, General. Food Services (Markets). Miscellaneous Businesses. Seasonal businesses. Security alarms. Vending machines. Personal Care Salon (Beauty, Barber, Nails, Tanning, Spas, Massage) Residential Rental Units. The amount of license fees to be paid to the city by any person engaged in or carrying on any profession, trade, calling, occupation or business hereinafter designated, is fixed and established as hereinafter in this chapter provided. 4 -06 -020 Recreational Businesses; Amusement Devices. For every person engaged in the conducting, managing or carrying on of any business hereinafter in this section mentioned, such license fee shall be in the amount as set forth herein: (a) For any recreational business not otherwise licensed or classified including but not limited to, bowling alleys, movie theaters, riding academies, tennis facilities (public or private), golf courses (public or private), miniature golf courses, and ice and roller skating rinks, the annual license fee shall be one hundred dollars plus twenty -five dollars for each 16 M M I ff V employee over one in number. The maximum license fee shall not exceed five hundred dollars per year. (b) For any skee ball or bat ball or handball court, shuffleboard, or mechanical or electronic amusement device, or any device, equipment or means of entertainment, the annual license fee shall be fifty dollars for each alley or device. The name and address of the owner of each such alley or device shall be posted conspicuously thereon. (c) For the business of conducting, managing or operating on their premises jukeboxes, devices for playing of records or music automatically upon the deposit of a coin, slug or other device, or any other mechanical musical device or machine of like character not licenses hereunder, the annual license fee shall be fifty dollars. (d) For conducting, managing or carrying on a carnival, circus or other similar exhibition, the license fee shall be two hundred fifty dollars per day. (e) For conducting, managing or carrying on the operation of a theater of the performing arts which features lectures or theatrical performances, such as a comedy, spoken drama, opera, musical, dance or concert, the annual license fee shall be ten dollars per performance or one hundred dollars per year. (f) For conducting, managing or carrying on the operation of an escort service or escort bureau, the annual license fee shall be five hundred dollars plus one hundred dollars for each employee. 4- 06.030 Architects, Contractors, Engineers and Subcontractors. For every person conducting, carrying on or engaging in the business of architects, building design, engineering, general contracting, construction subcontracting, electrical, mechanical, plumbing or grading contracting in the city the annual license fee shall be fifty dollars plus 25% of the permit fee for such business set by resolution of the City Council. The license fee shall not be prorated. 4- 06.040 Day Care, Private and Nursery Schools. For every person engaged in the business of operating a private school of general curriculum, a nursery school or day care center the annual license fee shall be one hundred dollars plus twenty dollars for each employee over one in number. The maximum license fee shall not exceed five hundred dollars per year. 17 M M I � V 4 -06 -050 Delivery Services. For every person not having a fixed place of business within the city, and not being herein otherwise licensed or classified, who delivers goods, wares, or merchandise of any kind by vehicle or who provides any service by the use of vehicles in the city, the annual license fee shall be one hundred dollars. The license fee shall not be prorated. 4- 06.060 Handbill Distribution. For every person engaged in handbill, circular and /or pamphlet distribution within the city the license shall pay a fee shall be twenty -five dollars per day. The license fee shall not be prorated. 4- 06.070 Home Occupations. For every person engaged in a home occupation in accordance with the provisions of Chapter 15 of this Code the annual license fee shall be one - hundred dollars. 4- 06.080 Professional Instruction. For every person engaged in the business of professional instruction, the annual license fee shall be one hundred dollars. The license fee shall not be prorated. 4- 06.090 Motion Picture; Photography. (a) For every person, company or business engaged in the making of motion pictures on location within the city the license fee shall be as follows: in commercial areas or on public property, five hundred dollars per day, nonproratable; in all other areas of the city, two hundred fifty dollars per day, nonproratable. (b) For every person or business engaged in taking still photographs for advertisements the license fee shall be twenty - five dollars per day, nonproratable; where the location is on city property, the fee shall be fifty dollars per day, nonproratable. (c) Fees paid shall be exclusive of payment to city for special public services required to protect the public health, safety and welfare. 4- 06.100 Professional Businesses, General. For every person conducting, managing, carrying on or engaging in any professional business or occupation not otherwise specifically licensed by the other sections of this Chapter, the m M M � � V annual license fee shall be one hundred dollars plus forty dollars for each professional or non - professional employee over one in number. The maximum license fee shall not exceed five hundred dollars per year. 4- 06.110 Property Leasing. For every person engaged in the business of leasing property located in the various commercial and industrial zoned districts in the city the annual license fee shall be fifty dollars, plus three dollars per one- thousand square fee, or fraction thereof, of gross leasable floor space either leased or available for lease in excess of five thousand square feet. 4- 06.120 Real Estate Sales or Brokerage. For every person conducting, managing, carrying on or engaging in the business of real estate sales or brokerage, the annual license fee shall be one hundred dollars plus forty dollars for each professional or non - professional employee over one in number. For the purpose of this section, licensed real estate sales persons shall be deemed to be employees. The maximum license fee shall not exceed five hundred dollars per year. 4- 06.130 Manufacturing, Packing, Processing, Fabrication, Wholesaling or Distributing. For every person carrying on a business engaged in scientific research, experimental development of materials, methods or products, and prototype fabrication and assembly of products associated with such research efforts including providing management, administrative, technical, hardware or software support for research development, aerospace, electronic and associated high technology activities, or every person engaged in or carrying on a business consisting mainly of manufacturing, packing, processing, fabricating, wholesaling, or distributing any goods, wares, merchandise or produce, the annual license fee shall be one hundred dollars plus fifteen dollars per employee over one in number. The maximum license fee shall not exceed five hundred dollars per year. 4- 06.140 Restaurants, Caterers, Delicatessens. For every person engaged in the business of selling prepared meals and /or mixed drinks the annual license fee shall be one hundred dollars plus twenty dollars per employee over one in number. The maximum license fee shall not exceed five hundred dollars per year. EV ME I � V 4- 06.150 Retail Business General. For every person carrying on the business consisting of selling at retail any goods, wares, merchandise, commodities or for conducting, maintaining or carrying on any trade, occupation, calling or business not otherwise specifically licensed by other sections of this Chapter, the annual license fee shall be one hundred dollars plus twenty dollars per employee over one in number. The maximum license fee shall not exceed five hundred dollars per year. 4- 06.160 Food Services (Markets) For every person on the business consisting of the selling of food or food stuffs not manufactured or consumed on the premises, the annual license fee shall be one hundred dollars plus fifteen dollars per employee over one in number. The maximum license fee shall not exceed five hundred dollars per year. 4- 06.170 Miscellaneous. For every person conducting any business not otherwise classified or taxed under the provisions of this Article, the annual license fee shall be one hundred dollars plus twenty dollars per employee over one in number. The maximum license fee shall not exceed five hundred dollars per year. 4- 06.180 Seasonal Businesses. For every person engaged in a business which is seasonal in nature, such as Christmas tree sales, Christmas or Easter photography or other such goods, services or wares offered seasonally, the annual license fee shall be one hundred dollars and is nonprofitable. 4- 06.190 Security Alarms. For every person engaged in the business of installing, selling, leasing, renting, maintaining, servicing or responding to a burglary, robbery or fire alarm system, the annual license fee shall be one hundred dollars plus five dollars for each customer in the City. The maximum license fee shall not exceed five hundred dollars per year. 4- 06.200 Vending Machines. For every person engaged in the business of conducting, managing or operating any machine or device for the vending of merchandise or services, the annual license fee shall be twenty - five dollars if the cost of the vended item(s) are $.25 or less; forty -five dollars if the cost of the vended item(s) ranges 20 M M I �V between $.25 and fifty -five dollars if the cost of the vended item(s) ranges between $.25 and sixty -five dollars if the cost of the vended item(s) ranges between $.25 and $3.00, and seventy - five dollars if the cost of the vended item(s) ranges between $.25 and more than $3.00. 4- 06.210 Personal Care Salon (Beauty, Barber, Nails, Tanning, Spas, Massage). For every person engaged in the business of providing personal care or grooming, the annual license fee shall be one hundred dollars for the first chair or station plus twenty -five dollars for each additional chair or station. The maximum license fee shall not exceed five hundred dollars per year. 4- 06.220 Residential Rental Units. Every person engaged in the business of leasing residential property located in the city shall pay an annual license fee of fifty dollars, plus five dollars per unit for each unit over four in number. The maximum license fee shall not exceed five hundred dollars per year." Section 3: If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. 21 DGu^l�� Section 4: This Ordinance shall be in full force and effect thirty (30) days after 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 Saratoga held on the day of 1993, by the following vote. AYES: NOES: ABSENT: ATTEST: City Clerk October 26, 1993 j: \wpd \mnrsw \273 \ord \4 - 05.406 22 MAYOR u7b'? 3 oB NOV Y 1993 Ci i tt ' o -- ­ .TOGA 14463 Big Basin Way CITY 14 ANAG.E:R'S Or, FICE ,Sarntnara, 95070 October 29, 1993. Notes re : Proposed Business License Fees. This letter refers to my letter of October 11th mailed to the City Manager, and the Honorable Council of the City of Saratnaa. To date much has been said about the increase o f license fees and several proposals have been made, Well there is one more of these proposals. The various proposals presented recently by Mr. Peacock are unfair and discriminatory, as I believe that ,eryme engaged in whatewer business within Saratoga should pay the same fee as everyone else. At the present the City's financial department has some 2000 licenses on file. Howevver there are se_,eral hundred more unlicensed operators , independent contractors, sub - contractors, real estate agents, beauticians, lawn &garden, services who never" had or paid any city business license fee. It is unfair, for example, that a real estate office should be paying $ 100.00 for the entire office where as mar y, as 60 agents share space and f acilities to persue their business activity - this $ 100.00 fee theca equals to less the 16 cents per agent per year ! Thus I believe that every agent .should have a business license when engaged in business within the city. Equally unfair is the licensing of beauty parlors where each and eve? y `Station" or "Chair" should be licensed on equal basis. As far as the Proposed fee for contractors is concerned , the same fee should be applied. However the contractor then should report to the city the names o f all subcontractors Used in all the various jobs from the grading to the completion off the project. All these subs should A hen be required to have a busi4wss license to perform whatever work on projects within the city. I believe that by `harnessing" all the unlicensed operators under the same bm1 1vess license "am_brella•" anti, by apply ing the same $ 100. oo flat fee to every license, the city, would have much higher, income then expected from the other proposals. oLZ Saratoga Plaza &leery Quality Baked Goods NOV 1993 14440 Big Basic, Way CITY W SERA OGA Saratoga, Ca 95070 CITY MANAGER'S GERMS OFFICE � 1 � a4lt 6L 9rfi WwA c� diet ��,WxM4 r yew; ��iT � ��,f f �/�x�u October 28, 1993 Mrs. Karen Tucker Mayor City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Mayor Tucker: �%U t d Los Gatos- SaMoga Board of REALTORS® 20454 Blauer Drive, Saratoga, California 95070 Telephone 408 867 -0922 FAX 408 867 -5406 First, I would like to thank Saratoga City Manager, Harry Peacock, for taking the time to meet with the Board's Local Government Relations Committee to discuss the proposed business license tax increase. Based on the discussion and comments from local real estate offices and the Board of Directors, I am writing to express the real estate community's concerns and to recommend alternative business license tax structures and rates. From our discussion, it was clear that Realtors recognize the financial position of local governments given the continued state raids on local property tax revenues. Further, the real estate community understands the importance of maintaining viable municipal services. Finally, we realize that businesses and residents have a responsibility to contribute their fair share to ensure the well being of Saratoga. There is no question that Saratoga's business license tax rate is currently one of the lowest in Santa Clara County. However, we do not believe that Saratoga should move from one of the lowest to one of the highest business license tax cities in the county. Under the current proposals, the rates increase to amounts that are excessive and inconsistent with the many surrounding communities. PLAN #1 Under Plan #1(Broker pays $150 plus $15 for each agent /employee), the business license tax rate would increase from $75 to more than $1,000 for several brokers. This represents more than a 1,000% increase. Single broker offices would see a 100% rate hike or more. Plan #1 proposes rates that are excessive and inconsistent with business license tax rates of other communities in Santa Clara County. With the exception of Los Gatos, with the second highest tax rate in the valley, most other cities levy taxes which are less than this amount. 113 REALTORm - is a registered mark which identifies a professional in real estate who subscribes to a strict Code of Ethics as a member of aEauor> ' the NATIONAL ASSOCIATION OF REALTORSm The Board of Realtors recommends that the council reject Plan #1, the hybrid of gross receipts and employee based tax structure. PLAN #2 Under Plan #2,(Broker pays $150 plus $25 for each agent) the tax rate for real estate brokerage increases even further, from $75 to more than $1,500 for many brokers. Several brokers would see their tax rate increase more than 2,000 %. The tax rate for small brokers would more than double. Plan #2 is even more out of line with what other communities levy for real estate offices. In fact, only one other city in the valley charges more. The Board recommends that the council reject Plan #2. PLAN #3 Under plan #3,($100 for Broker; $40 for each agent; cap at $500) brokers would be charged an even higher amount for each agent. Most of the larger offices would see an increase in excess of $2,000 if a cap is not included. Should the council adopt an employee based method, a cap on maximum rates must be included in the ordinance. Further, we believe the proposed cap of $500 should be reduced to $300. This should apply not only to the real estate community, but to all businesses. The $40 per agent charged to brokers is also excessive. As stated above, this rate, without a cap in place, would create an unfair tax rate. The Board of Realtors recommends that the council consider the following alternatives: ALTERNATIVE #1 Maintain the "flat rate" method of business license taxation and increase the rate to an amount not to exceed $125.00 per business. While size of business is not addressed in this alternative, the method is simple and straightforward. This type of tax is easier for the city to administer and enforce. ALTERNATIVE #2 Adopt an employee based method, with brokers \businesses paying $100 plus $10.00 per employee \agent, with an absolute cap of $300.00. With the cap at $300.00, Saratoga Y will be levying a higher tax rate than most Santa Clara County cities. The real estate community urges you to modify the proposed rates in accordance with the recommendations of the Board of Realtors and other business groups. The Board is interested in working with the city to devise reasonable and workable business license tax structures and rates. If you have questions regarding the Board's recommendations, please contact Eric Morley, the Board's Legislative Advocate, 867 -0922. Thank you for your time and consideration. Sincerely, bq"� al Anderson P re dent SARATOGA FACED A BUDGET CRISIS AS IT WENT ABOUT DEVELOPING ITS STRATEGIC BUDGET PLAN FOR THE NEXT TWO YEARS. WHY THE CRISIS EXISTED AND HOW SIGNIFICANT IT WAS WERE RATHER STRAIGHTFORWARD PROPOSITIONS. HOW TO RESOLVE THE CRISIS WAS NOT SO STRAIGHTFORWARD. LET'S RETURN TO JUNE 1992. BY THIS TIME THE STATE HAD ALREADY ENACTED LAWS WHICH CUT CITY REVENUE AND INCREASED MANDATORY EXPENDITURES BY $163,00 A YEAR. THE CITY COULD, JUST BARELY, ABSORB SUCH A LOSS BY INCREASING USER CHARGES AND DRAWING DOWN ON RESERVES. THE 1993 FISCAL YEAR BUDGET ADJUSTMENTS ADOPTED THAT JUNE 1 DID JUST THAT. BUT AS YOU WILL REMEMBER, THE STATE DIDN'T ADOPT A BUDGET IN JUNE, OR IN JULY, OR IN AUGUST. IN FACT NO BUDGET WAS ADOPTED UNTIL SEPTEMBER 2ND. WHILE THE STATE WAS IN FISCAL GRIDLOCK, MUCH OF THE TAX MONEY DUE THE CITY REMAINED FROZEN IN SACRAMENTO. THE REASON GIVEN: LACK OF BUDGET AUTHORITY. THE RESULT, SARATOGA AND OTHERS HAD TO EXPEND DEEPLY INTO RESERVES TO MEET OPERATING CASH FLOW NEEDS. ONCE ADOPTED, THE STATE BUDGET TOOK AWAY 16% OF THE CITY'S PROPERTY REVENUE, ALL ITS REMAINING CIGARETTE TAX MONEY, AND MADE PERMANENT THE LOSS OF 2 PREVIOUSLY ALLOCATED CITY REVENUES. THIS ADDED LOSS TOTALED SOME $312,000 A YEAR. THEN IN LATE SEPTEMBER THE COUNTY CUT ANIMAL CONTROL SERVICES LEAVING THE CITY THE RESPONSIBILITY OF PICKING UP AND DISPOSING OF DEAD ANIMALS AND CHARGING THE CITY FOR ALL VETERINARY SERVICES FOR INJURED BUT UNCLAIMED ANIMALS. THIS COST RESPONSIBILITY ADDED ANOTHER $4,000 TO THE CITY'S BUDGET PROBLEM. THE TOTAL BUDGET IMBALANCE NOW TOTALED ABOUT $480,000 A YEAR, WITHOUT TAKING INTO ACCOUNT THE REVENUE LOSS BEING EXPERIENCED BY THE CITY FROM A PROLONGED RECESSION AND RAPIDLY FALLING INTEREST RATES. THIS 3 IMBALANCE CONTINUES TO GROW EACH YEAR AS MANDATED COSTS GO UP AND NORMAL REVENUE GROWTH IS FROZEN OR WIPED OUT BY STATE ACTIONS. TO ADDRESS THE SHORT TERM PROBLEM, THE CITY COUNCIL REOPENED THE BUDGET LAST OCTOBER AND CUT $571,000, FULLY AWARE THAT, IN ALL PROBABILITY, THIS ACTION WOULD NOT REPRESENT A PERMANENT SOLUTION. I WAS DIRECTED TO ASSUME THE WORST FOR FISCAL 1994 AND REPORT TO THE COUNCIL IN EARLY 1993 HOW TO PLAN FOR FURTHER CUTS AND TO MARE RECOMMENDATIONS AS TO HOW TO EXPAND THE CITY'S TAX BASE. 4 SINCE THAT TIME HERE IS WHAT HAS HAPPENED. AS COUNCIL FACED THE 1994 AND 1995 BUDGETS, THE OVERALL IMBALANCE THEY FACED WAS $1.3 MILLION FROM THE ESTIMATE MADE IN 1991 (BEFORE THE MANDATES, THE CUTS AND THE ECONOMY RADICALLY CHANGED THE PICTURE). TO ADDRESS THE IMBALANCE, THE CITY COUNCIL ORDERED A 10% CUT IN CITY STAFF, A 10% CUT IN STAFF BENEFITS COSTS, AND CUTS IN ALL SERVICE AREAS. THE RESULT IS AN OPERATING BUDGET WHICH IS THE SAME IN COST AS THE 1992 BUDGET DESPITE A 7% COST OF LIVING FACTOR OVER THE SAME TWO YEAR PERIOD. THEY ORDERED SIGNIFICANT MOVES TOWARD FULL COST RECOVERY FOR SERVICES WHERE SPECIFIC CHARGES ARE MADE. FINALLY THEY RAISED SOME TAXES AND AGREED TO RAISE THE BUSINESS LICENSE TAX BY ABOUT $200,000. OVERALL THE $1.3 MILLION GAP WAS CLOSED BY: BUDGET CUTS - $700,000 FEE INCREASES - $265,000 TAXES - $335,000 IN JUNE THE CITY COUNCIL PASSED ORDINANCES RAISING THE TAXES ON NEW CONSTRUCTION AND TRANSIENT OCCUPANCY. 11 THESE INCREASES SHOULD GENERATE ABOUT $105,000 AND $30,000 RESPECTIVELY. THE BUSINESS LICENSE ORDINANCE IS TO RAISE THE REMAINING $200,000 FROM ALL BUSINESS LICENSES AND PERMITS ISSUED BY THE CITY. AS YOU ARE AWARE, THE PRESENT LICENSE STRUCTURE CHARGES A FLAT RATE OF $75 FOR ALL BUSINESSES. THE PROPOSED STRUCTURE USES A VARIETY OF RATES BASED ON TYPE OF BUSINESS AND IS INTENDED TO MEET THE CITY COUNCIL OBJECTIVE OF HAVING LARGER BUSINESSES PAY MORE THAN SMALLER ONES. THE PROBLEM FACED BY THE CITY STAFF IN COMING UP WITH A RATE SCHEDULE IS THAT WE 7 HAVE VERY LIMITED DATA ON WHICH TO CALCULATE RATES. INITIALLY RE HAVE CHOSEN A GROSS RECEIPTS STRUCTURE CURRENTLY USED BY THE TOWN OF LOS GATOS. OUR PER EMPLOYEE STRUCTURE IS A HYBRID BASED ON LOS GATOS AND LOS ALTOS. FLAT RATES ARE STILL USED FOR SEVERAL CATEGORIES OF BUSINESS INCLUDING HOME OCCUPATIONS, GARDENERS, DELIVERY SERVICES AND SEASONAL BUSINESSES. AT THIS POINT THE PROPOSAL IS JUST THAT. IT IS NOT SET. REMEMBER THAT OUR OBJECTIVE IS TO CLOSE THE BUDGET IMBALANCE ONLY TO THE EXTENT NECESSARY AND TO ESTABLISH A RATE STRUCTURE WHICH 0 RECOGNIZES DIFFERING TYPES OF BUSINESSES. TO THE EXTENT YOU CAN SHARE WITH ME THE SIZE OF THE INCREASE YOU FACE, I CAN ADJUST NY PROPOSAL BEFORE IT IS CONSIDERED BY THE CITY COUNCIL ON NOVEMBER 3RD. o: \SPEECH I 1 fax transmittal of Pam 10 7-,3,13 -- then adding together the total number of hours worked by all employees and dividing by 172. This figure shall be used as the number of full time equivalent employees for fixing the license fee. If an employer has been in business for less than one year, he may use the average number of full time equivalent employees who will be employed by him during the remainder of the calendar year. NOV- 02 —'53 TUE 14:36 ID:MEYERS NAVE ET AL TEL NO:510/351 -4481 MEYERS, NAVE, RIBACK, SILVER & WILSON .A Professional Law Corporation Michael R. Nave Steven R. Moyers Gateway 1'I$%* Elizabeth H. Silver 777 Davis Street. Suite 300 Michael S. Riback San L*Andro. CA 94577 Kenneth A Wilson 'Telephone: (510) 351-4300 Facsimile: (510) 3514481 Clifford F. Campbell Michael F. Rodriquez Kathleen Faubion Wendy A. Roberts David W. Skinner Steven T. Mattes Rick W. Jarvis Vesnaica A. Nebb Of i J. Saltzman AndrCa J. Sa MEMORANDUM To FROM: RE 1.1 City Manager Michael S. Riback, City Attorney 1220 Howard Avent+s. Suite 250 13uditIpme, CA 940104211 Telephone: aj �acsi it (34� Santa Rosa QQ2 555 Fiftb Street, Suite 230 Santa Rosa, CA 95M (7n 50 -M (707) 345-6617 (Fate) Reply to: Sae L=Ndm DATE: November 2, 1993 .t Recent Urgency Legislation Affecting Proposed Business License Fee Amendments As we discussed, SB 376 went into effect immediately upon its recent adoption. This legislation amended Section 54954.6 of the Government Code to clarify the type of "tax" or "assessment" ordinances that are required to comply with the two- hearing process set forth in that section, prior to enactment. This legislation now clarifies that section 54954.6 does apply to any new or increased fee which exceeds the reasonable cost of providing the services facilities or regulatory activity for which the fee is charged. The proposals to alter the method of calculating the business license fee (first a gross receipts assessment and now a flat rate plus a per employee assessment) are not based upon the cost of providing the services, facilities, or regulatory activity for which the fee is charged. Therefore the process for amending the business license fee ordinance to enact one of these two methodologies must comply with the procedure set forth in section 54954.6.. This procedure requires: 1. That the City council conduct at least one public meeting at which public testimony is allowed regarding the new or increased business license fee. This is in addition to the public hearing at which the City council actually takes action to enact the new or increased fee. NOV- 02 -193 TUE 14:37 ID:MEYERS NAVE ET AL TEL NO.:510i351 -4481 #622 P03 TO: City Manager PROM: Michael S. Riback, City Attorney RE: Recent Urgency Legislation Affecting Proposed Business .License Fee Amendments DATE: November 2, 1993 PAGE: 2 2. That a joint public notice of both the public meeting and the public hearing must be prepared by placing a display advertisement of at least one - eighth page in a newspaper of general circulation for three weeks pursuant to Government code Section 6063 and by a first class mailing to those interested parties who -have filed a written request with the City for mailed notice of public meeting hearings on new or increased taxes or assessments. [There is no requirement that notice be provided to each individual business affected by the proposed business license fee increase.] 3. That the public meeting referenced in the joint notice shall take place no earlier than ten days after the first Publication of the joint notice. The public hRarina shall take place no earlier than seven days after the public meeting, but in no event shall take place earlier than 45 days after the first publication of the joint notice. 4. That the joint notice shall include, but not be limited, to the following: fee. (a) The amount or rate of the existing and proposed (b) The activity to be "taxed ". (c) The estimated amount of revenue to be raised by the fee annually. (d) The method and frequency for collecting the fee. (e) The dates, times, and locations of the public meeting and public hearing. (f) The phone number of an individual that interested persons may contact to receive additional information about the fee. The city may recover the reasonable costs of the public meeting, public hearing, and the notice required by section 54954.6 from the proceeds of the fee. Please give me a call if you have any questions regarding NOV- 02 -193 TUE 14:38 ID:MEYERS MAWE ET AL' fi L''J0:510/351 -4481 #622 PO4 TO: City Manager FROM: Michael S. Riback, City Attorney M$: Recent Urgency Legislation Affecting Proposed Business License Fee Amendments DATA= November 2, 1993 PAa$S 3 this statutorily required process. Michael S. Riback City Attorney MSR:dsp anrsw \373 \memo \1993 \lees.leq aw October 28, 1993 Mrs. Karen Tucker Mayor City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Mayor Tucker: ?b Los Gatos -S toga Board of REALTORS® 20454 Blauer Drive, Saratoga, California 95070 Telephone 408 867 -0922 FAX 408 867 -5406 First, I would like to thank Saratoga City Manager, Harry Peacock, for taking the time to meet with the Board's Local Government Relations Committee to discuss the proposed business license tax increase. Based on the discussion and comments from-local real estate offices and the Board of Directors, I am writing to express the real estate community's concerns and to recommend alternative business license tax structures and rates. From our discussion, it was clear that Realtors recognize the financial position of local governments given the continued state raids on local property tax revenues. Further, the real estate community understands the importance of maintaining viable municipal services. Finally, we realize that businesses and residents have a responsibility to contribute their fair share to ensure the well being of Saratoga. There is no question that Saratoga's business license tax rate is currently one of the lowest in Santa Clara County. However, we do not believe that Saratoga should move from one of. the lowest to one of the highest business license tax cities in the county. Under the current proposals, the rates increase to amounts that are excessive and inconsistent with the many surrounding communities. PLAN #1 Under Plan #1(Broker pays $150 plus $15 for each agent /employee), the business license tax rate would increase from $75 to more than $1,000 for several brokers. This represents more than a 1,000% increase. Single broker offices would see a 100% rate hike or more. Plan #1 proposes rates that are excessive and inconsistent with business license tax rates of other communities in Santa Clara County. With the exception of Los Gatos, with the second highest tax rate in the valley, most other cities levy taxes which are less than this amount. 113 RFALTORO- is a registered mark which identifiesa professional in real estate who subscribes to a strict Code of Ethics as a member of nE Al1OP . the NATIONAL ASSOCIATION OF REALTORS° 211 Gil The Board of Realtors recommends that the council reject Plan #1, the hybrid of gross receipts and employee based tax structure. PLAN #2 Under Plan #2, (Broker pays $150 plus $25 for each agent) the tax rt.te for real estate brokerage increases even further, from $75 to more than $1,500 for many brokers. Several brokers would see their tax rate increase more than 2,000 %. The tax rate for small brokers would more than double. Plan #2 is even more out of line with what other communities levy for real estate offices. In fact, only one other city in the valley charges more. The Board recommends that the council reject Plan #2. PLAN #3 Under plan #3,($100 for Broker; $40 for each agent; cap at - $500) brokers would be charged an even higher amount for each agent. Most of the larger offices would see an increase in excess of $2,000 if a cap is not included. Should the council adopt an employee based method, a cap on maximum rates must be included in the ordinance. Further, we believe the proposed cap of $500 should be reduced to $300. This should apply not only to the real estate community, but to all businesses. The $40 per agent charged to brokers is also excessive. As stated above, this rate, without a cap in place, would create an unfair tax rate. The Board of Realtors recommends that the council consider the following alternatives: ALTERNATIVE #1 Maintain the "flat rate" method of business license taxation and increase the rate to an amount not to exceed $125.00 per business. While size of business is not addressed in this alternative, the method is simple and straightforward. This type of tax is easier for the city to administer and enforce. ALTERNATIVE #2 Adopt an employee based method, with brokers \businesses paying $100 plus $10.00 per employee \agent, with an absolute cap of $300.00. With the cap at $300.00, Saratoga will be levying a higher tax rate than most Santa Clara County cities. The real estate community urges-you to modify the proposed rates in accordance with the recommendations of the Board of Realtors and other business ..groups. The Board is interested in working with the city to devise reasonable and workable business license tax structures.and rates. If you have questions regarding the Board's recommendations, please contact Eric Morley, the Board's Legislative Advocate, 867 -0922. Thank you for your time and consideration. Sincerely, al Anderson P re dent o� N Y�'7o -�0 n� 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 867 -3438 5t���000; COUNCIL MEMBERS: November 9, 1993 Karen Anderson Ann Marie Burger Willem Kohler To: City Council Victor Monia Karen Tucker From: City Manager Subject: Business License Fee Increase As directed by the City Council, the staff has completed its analysis of charging a basic business license fee of $100 plus $10 per employee with a $300 cap for any one business. This effort is based on a new computer run which organized all businesses by category and number of reported employees as of November 4, 1993. The 340 page computer run was analyzed using Lotus 1 -2--3 spreadsheet software to calculate revenues received to date in calendar 1993 as if the fee proposal had been in place for all of 1993. The result is an annual revenue of $253,430. When business permits, delinquencies, and late fees are included and an allowance is made for miscellaneous business as previously proposed, the total projected revenue is $306,430. These calculations are shown on the attached spreadsheets. The basis for this amount of revenue is not on a full time equivalent employee basisfbut solely on the basis of the number of employees reported, regardless of whether their status is full or part time. Council had instructed that the amount of revenue raised be only sufficient to keep the reserve funds balance requirement intact. To update you on that calculation, the following is presented: Fund balance surplus per budget on 7/1/93 Net increase in budget appropriations to date Anticipated additional funding for animal control (Nov. 15 through June 30, 1994) Less animal control revenue (Nov. 15 through June 30, 1994) Sales tax extension revenue (January 1 through June 30, 1994) Net fund balance surplus Business license fee revenue required to balance TOTAL to meet budget requirements Printed on recycled paper. $148,160 (42,800) (40,500) 1,125 25,000 $90,985 $309,015 $400,000 N N Business License Fee Increase November 9, 1993 Page -2- Staff continues to be concerned about applying a per - employee approach to contractors because more than 300 report no employees. An alternative approach, which would raise the same amount of revenue, is to charge contractors $45 for a basic license plus a 15% surcharge on building permit fees. The revenues would be $100,078 using this method versus $99,790 using the per - employee method. Staff continues to believe this is more equitable than the per- employee method, since many contractors who do only a few small jobs a year would be treated more fairly under such an arrangement and not have to pass the entire cost on to one or two clients. A revised fee schedule for all businesses is attached for Council review. Council is requested to approve a fee schedule on November 9, 1993, so the proper legal notices can be provided to the print media by November 10, 1993. Follow Up Actions: 1. Prepare required notice by 11/10/93. 2. Redraft the ordinance based on the revised schedule, dropping the FTE definition. 3. Advertise on 11/17, 11/24 and 12/1/93. 4. Conduct public meeting on 12/1/93. 5. Conduct public hearing on 1/5/94. 6. Adopt ordinance on 1/19/94. Harry R. Peacock City Manager jm Attachments: 1. 1994 Business License Tax Assumptions - Employee Based (11/8/93) 2. Proposed Fee Schedule - (11/9/93) N 11/8/93 1994 BUSINESS LICENSE TAX ASSUMPTIONS - EMPLOYEE BASED BUSINESS CATEGORY NUMBER BASE TOTAL CHARGED BUS. FEE EMP. EMP. fee Consultant $21,170 200 $100 117 117 $10 Contractors $99,790 713 $100 3930 2849 $10 General Garden Sery $9,340 83 $100 137 104 $10 Manufacturers $2,760 25 $100 26 26 $10 Medical Services $7,390 60 $100 239 139 $10 Non- profit $0 15 $0 317 132 $0 Other $910 9 $100 1 1 $10 Personal Salon $6,780 61 $100 68 68 $10 Professional Servic $17,720 156 $100 212 212 $10 Real Estate $8,160 61 $100 339 206 $10 Restaurants $6,400 37 $100 349 270 $10 Retail $34,110 279 $100 1057 621 $10 Services $38,900 337 $100 1126 520 $10 Sub -total $253,430 2,036 7,918 5,265 Peddlers & Solicito $43,000 Miscellaneous $10,000 TOTAL $306,430 Building Permits $453,287 -BASED ON COMPUTER RUN ON NOVEMBER 4,1993 - ASSUMES A BASE RATE OF $100 PLUS $10 PER EMPLOYEE, BOTH FULL AND PART TIME -CAP ON ALL LICENSES OF $300 - DIFFERENCE IN TOTAL EMPLOYEES VERSUS CHARGEABLE EMPLOEES RECOGNIZES THE EXISTENCE OF THE CAP F: \WKS \BUSLICEB.WK1 iJEAN) N M BUSINESS CATEGORY Number of Number of Total $100 $10 Total Businesses Employees Employees Base Fee Emp, Fee Fee Consultant 136 0 0 $13,600 $0 46 1 46 $4,600 $460 10 2 20 $1,000 $200 1 3 3 $100 $30 2 4 8 $200 $80 2 5 10 $200 $100 2 6 12 $200 $120 1 18 18 $100 $180 Alt, Base Surcharge Sub total 200 117 $20,000 $1,170 $21,170 Fee 15% $45 $453,287 Building Contractor 301 0 0 $30,100 $0 $13,545 51 1 51 $5,100 $510 $2,295 57 2 114 $5,700 $1,140 $2,565 47 3 141 $4,700 $1,410 $2,115 56 4 224 $5,600 $2,240 $2,526 41 5 205 $4,100 $2,050 $1,845 18 6 108 $1,800 $1,080 $810 11 7 77 $1,100 $770 $495 17 8 136 $1,700 $1,360 $765 4 9 36 $400 $360 $180 21 10 210 $2,100 $2,100 $945 2 11 22 $200 $220 $90 11 12 132 $1,100 $1,320 $495 1 13 13 $100 $130 $45 2 14 28 $200 $280 $90 18 15 270 $1,800 $2,700 $810 3 16 48 $300 $480 $135 1 17 17 $100 $170 $45 1 18 18 $100 $180 $45 1 19 19 $100 $190 $45 13 20 260 $1,300 $2,600 $585 1 21 21 $100 $200 $45 1 22 22 $100 $200 $45 1 23 23 $100 $200 $45 6 25 150 $600 $1,200 $270 2 28 56 $200 $400 $90 3 30 90 $300 $600 $135 1 32 32 $100 $200 $45 5 35 175 $500 $1,000 $225 3 40 120 $300 $600 $135 1 45 45 $100 $200 $45 1 47 47 $100 $200 $45 4 50 200 $400 $800 $180 i 60 60 $100 $200 $45 1 65 65 $100 $200 $45 1 95 95 $100 $200 $45 2 100 200 $200 $400 $90 1 150 150 $100 $200 $45 1 250 250 $100 $200 $45 Sub total 713 3,930 $71,300 $28,490 $99,790 $32,085 $67,993 $100,078 2 N Garden Service 48 0 0 $4,800 $0 14 1 I4 $1,400 $140 8 2 16 $800 $160 6 3 18 $600 $180 3 4 12 $300 $120 1 7 7 $100 $70 1 8 8 $100 $80 1 9 9 $100 $90 1 53 53 $100 $200 Sub total 83 137 $8,300 $1,040 $9,340 Manufacturer 15 0 0 $1,500 $0 4 1 4 $400 $40 3 2 6 $300 $60 2 5 10 $200 $100 1 6 6 $100 $60 Sub total 25 26 $2,500 $260 $2,760 Kedical Services 22 0 0 $2,200 $0 10 1 10 $1,000 $100 6 2 12 $600 $120 7 3 21 $700 $210 7 4 28 $700 $280 4 5 20 $400 $200 2 7 14 $200 $140 1 14 14 $100 $140 1 120 120 $100 $200 Sub total 60 239 $6,000 $1,390 $7,390 Non- Profit 4 0 0 $0 $0 1 3 3 $0 $0 2 4 8 $0 $0 1 7 7 $0 < $0 1 10 10 $0 $0 2 12 24 $0 $0 1 25 25 $0 $0 1 30 30 $0 $0 1 60 60 $0 $0 i 150 150 $0 $0 Sub total 15 317 $0 $0 $0 Other 8 0 0 $800 $0 1 1 1 $100 $10 Sub total 9 1 $900 $10 $910 3 N Salon Services 40 0 0 $4,000 $0 8 1 8 $800 $80 6 2 12 $600 $120 I 3 3 $100 $30 2 4 8 $200 $80 1 5 5 $100 $50 1 6 6 $100 $60 1 12 12 $100 $120 1 14 14 $100 $140 Sub total 61 68 $6,100 $680 $6,780 Professional Services 76 0 0 $7,600 $0 35 1 35 $3,500 $350 17 2 34 $1,700 $340 10 3 30 $1,000 $300 3 4 12 $300 $120 5 5 25 $500 $250 5 6 30 $500 $300 2 8 16 $200 $160 1 9 9 $100 $90 1 10 10 $100 $100 1 11 11 $100 $110 Sub total 156 212 $15,600 $2,120 $17,720 Real Estate 33 0 0 $3,300 $0 7 1 7 $700 $70 4 2 8 $400 $80 1 3 3 $100 $30 4 5 20 $400 $200 1 6 6 $I00 $60 2 7 14 $200 $140 1 8 8 $100 $80 2 10 20 $200 $200 1 23 23 $100 $200 1 25 25 $100 $200 1 34 34 $100 $200 1 41 41 $100 $200 I 60 60 $100 $200 1 70 70 $100 $200 Sub total 61 339 $6,100 $2,060 $8,160 N 4 so Restaurants 6 0 0 $600 $0 3 1 3 $300 $30 3 2 6 $300 $60 2 3 6 $200 $60 5 4 20 $500 $200 2 5 10 $200 $100 2 6 12 $200 $120 2 8 16 $200 $160 3 10 30 $300 $300 1 12 12 $100 $120 1 15 15 $100 $150 2 20 40 $200 $400 1 22 22 $100 $200 1 25 25 $100 $200 1 40 40 $100 $200 1 42 42 $100 $200 1 50 50 $100 $200 Sub total 37 349 $3,700 $2,700 $6,400 Retail 152 0 0 $15,200 $0 29 1 29 $2,900 $290 31 2 62 $3,100 $620 21 3 63 $2,100 $630 11 4 44 $1,100 $440 8 5 40 $800 $400 2 6 12 $200 $120 5 7 35 $500 $350 2 8 16 $200 $160 1 10 10 $100 $100 1 11 11 $100 $110 1 12 12 $100 $120 1 15 15 $100 $150 1 16 16 $100 $160 2 18 36 $200 $360 1 20 20 $100 $200 1 25 25 $100 $200 1 26 26 $100 $200 1 31 31 $100 $200 1 35 35 $100 $200 1 38 38 $100 $200 1 50 50 $100 $200 1 63 63 $100 $200 1 80 80 $100 $200 1 85 85 $100 $200 1 203 203 $I00 $200 Sub total 279 1,057 $27,900 $6,210 $34,110 rte, 5 N Services 208 0 0 $20,800 $0 58 1 58 $5,800 $580 18 2 36 $1,800 $360 17 3 51 $1,700 $510 6 4 24 $600 $240 3 5 15 $300 $150 3 6 I8 $300 $180 5 8 40 $500 $400 2 9 18 $200 $180 5 10 50 $500 $500 2 12 24 $200 $240 1 14 14 $100 $140 l 15 15 $100 $150 1 18 18 $100 $180 1 19 19 $100 $190 1 20 20 $100 $200 1 21 21 $100 $200 1 30 30 $100 $200 1 35 35 $100 $200 1 40 40 $100 $200 1 580 580 $100 $200 Sub total 337 1,126 $33,700 $5,200 $38,900 TOTAL Peddlers & Solicitors Miscellaneous GRAND TOTAL F : /bus1ic.w%1 N 2,036 7,918 $202,100 $51,330 $253,430 $253,718 $43,000 $43,000 $10,000 $10,000 $306,430 $306,718 I N M 1. Amusement Devices $50 a year for each game 2. Jukebox $50 a year 3. Carnival, Circus $250 per day 4. Theatrical Performances $10 per performance or $100 per season 5. Escort Services or Bureaus $500 plus $100 per employee 6. Delivery Services $100 per year 7. Handbill Distribution $25 per day 8. Home Occupation $100 per year 9. Photography: Movies or videos on City property $500 per day Movies or videos on other property $250 per day Still photograph on City property $50 per day Still plmtography on other property $25 per day 10. Property Leasing $100 plus $3 per 1,000 sq. ft. of gross leasable space in excess of 5, 000 sq. ft. to a maximum of 72,000 sq. ft. 11. Seasonal Businesses $100 per season 12. Security Alarms $100 plus $5 for each customer in Saratoga to a maxima of 40 13. Vending Machines Cost of $.25 or less $25 per machine Cost from $.26 to $1.00 $45 per machine Cost from $.26 to $2.00 $55 per machine Cost from $.26 to $3.00 $65 per machine Cost from $.26 to more than $3.00 $75 per machine 14. Rental Units (Residential) $100 plus $5 per unit over 4 in number to a maximum of 40 15. All other businesses $100 per year plus $10 per employee to a maximum of 20 employees