HomeMy WebLinkAbout1757 - Fixing the Rate of TaxationC
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ORDINANCE NO. 1757
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING CHAPTER•5.04; SECTIONS 5.08.010
AND 5.08.020; AND ADDING SECTIONS 5.08.022
AND 5.08.024 TO THE NEWPORT BEACH MUNICIPAL
CODE TO PROVIDE FOR THE COLLECTION OF A GROSS
RECEIPTS TAX, ESTABLISHING A MINIMUM TAX AND
OPTIONAL METHOD OF DETERMINING TAX; TO BECOME
EFFECTIVE UPON ITS DATE OF ADOPTION AS AN
ORDINANCE FIXING THE RATE OF TAXATION
The City Council of the City of Newport Beach DOES
ORDAIN as follows:
SECTION 1. Chapter 5.04 of the Newport Beach
Municipal Code is amended in its entirety to read as follows:
Sections:
5.04.010
5. 04.020
5.04.025
5.04.030
5.04.040
5.04.050
5.04.060
5.04. 070
5.04. 080
5.04.090
5.04.100
5.04.105
5.04.110
5. 04.120
5.04.130
5.04.140
5. 04.150
5. 04.160
5.04.170
5.04.180
5.04.190
5.04.200
5.04.210
5.04.220
5. 04.230
5.04.240
5.04.250
5. 04.260
5.04.270
5.04.280
5..04.290
5.04.300
5.04.310
5.04.320
5.04. 330
"CHAPTER 5.04
GENERAL PROVISIONS
Definitions
License and Tax Payment, and Fingerprinting
Fee Requirements
Waiver
Branch Establishments and Separate
Businesses
Evidence of Doing Business
Constitutional Apportionment
Exemptions
Exemption - Charitable and Nonprofit
Organizations
Exemption - Disabled Veterans
Minor's Exemption
Exemption for Artists and Art Exhibits
Exemption for Residential Rental Units
Exemption for Public Utilities
Revenue Measure
Alternative Tax
Application for License
Application .for First License
Processing of Application
Issuance of License - Contents
Error in Fee Nonprejudicial
Error in Terms Voids License
Duplicate License
License Nontransferable
Posting and Keeping a License
Payment and Terms of License - Transition Period
Statement for Renewal of Licenses
Unpaid Fees
Penalties for Delinquency
License Fee a Debt
Refunds
Enforcement - Right of Entry
Examination of Books, Records, Witnesses,
Information Confidential
Declaration - Confidential Documents
Extension of Time
Appeal
5.04.010 Definitions
(a) "Business" shall mean arts, professions, trades
• and occupations in all and every kind of calling, whether or
not carried on for profit.
(b) "Gross Receipts" shall mean the total amounts
actually received or receivable from sales and the total amounts
actually received or receivable for the performance of any act
or service, of whatever nature it may-be, for which a charge
is made or credit allowed, whether or not such act or service is
done as a part of or in connection with the sale of materials,
goods, wares or merchandise. Included in "gross receipts"
shall be all receipts, cash, credits, and property of any
kind or nature without any deduction therefrom on account of
the cost of the property sold, the cost of materials used, labor
or service cost, interest paid or payable, or losses or other
expenses whatsoever. Excluded from "gross receipts" shall be
• the following:
1. Cash discounts allowed or taken on sales.
2. Credit allowed on property accepted as part of
the purchase price and which property may later be sold,
at which time the sales price shall be included as "gross
receipts ".
3. Any tax required by law to be included in or
added to the purchase price and collected from the consumer
or purchaser.
4. Such part of the sale price of property returned
by purchasers upon rescission of a contract of sale as is
refunded either in cash or by credit.
5. Receipts of refundable deposits, except that
such deposits when forfeited and taken into income of the
• business shall not be excluded.
6. Amounts collected for others where the business
is acting as an agent or trustee to the extent that such
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amounts are paid to those for whom collected, provided
the agent or trustee has furnished the Finance Director
with the names and addresses of the others and the amounts
paid to them. This exclusion shall not apply to any fees,
percentages, or other payments retained by the agent or
trustee.
7. Cash value of sales, trades or transactions
between departments or units of the same business.
8. Transactions between a partnership and its partners.
9. Receipts from services or sales in transactions
between affiliated corporations. An affiliated corporation
is a corporation:
(i) devoting a non - voting stock of which is
owned at least eighty percent (80 %) by such other
corporation with which such transaction is had; or
(ii) which owns at least eighty percent (80 %)
of the voting and non - voting stock of such other
corporation; or
(iii) at least eighty percent (80 %) of the voting
and non - voting stock of which is owned by a common
parent corporation which also has such ownership of
the corporation with which transaction is had.
10. Receipts from investments where the holder of the
investment receives only interest and /or dividends.
11. Receipts derived from the occasional sale of used,
obsolete or surplus trade fixtures, machinery or other
equipment used by the licensee in the regular course of
the licensee's business.
(c) "Operate" shall mean and include manage, control
or carry on.
(d) "Person" shall mean and include all domestic
and foreign corporations, associations, syndicates, joint
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stock corporations, partnerships of every kind, clubs,
N,assachusetts Trust, business or common law trusts, societies,
and individuals transacting and carrying on any business in
the city other than as an employee.
(e) "Sale" shall include the transfer, in any manner
or by any means whatsoever, of title to property for a considera-
tion; the serving, supplying or furnishing for a consideration
of any property; and a transaction whereby the possession of
property is transferred and the seller retains the title as
security for the payment of the price shall likewise be deemed
a sale. The foregoing definition shall not be deemed to exclude
any transaction which is or which, in effect, results in a sale
within the contemplation of law.
(f) "Sworn Statement" shall mean an affidavit sworn
to before a person authorized to take oaths, or a declaration
or certification made under penalty of perjury."
5.04.020 License and Tax Payment, and Fingerprinting
Fee Requirements. Except when operating under a permit issued
pursuant to Chapter 5.16, no person, either for himself or any
other person, shall operate any business specified in this Title
in the City without first having obtained a license from the
City to do so, or without complying with any and all regulations
of such business contained in this Title; and the carrying on of
any such business without first having obtained a license from
the City to do so, or without complying with any and all
regulations of such business contained in this Title, shall
constitute a separate violation of this Title for each and every
day that such business is so carried on. Where fingerprinting
is required as a condition of obtaining a license to operate
any such business,, in addition to any other fees imposed pursuant
to this Title, a fee equal to that currently charged to the City
by the State of California will be charged for each person
required to be so fingerprinted.
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5.04.015 Waiver. The City Council may in its
discretion in cases of hardship waive the requirements of
Section 5.04.020 of this Code.
• 5.04.030 Branch Establishments and Separate Businesses.
A separate license must be obtained for each branch establishment
or location of the business transacted and carried on and for each
separate type of business at the same location, and each license
shall authorize the licensee to transact and carry on only the
business licensed thereby at the location or in the manner
designated in such license.
5.04.040 Evidence of Doing Business. When any
person shall by use of signs, circulars, cards, telephone book,
or newspapers, advertise, hold out, or represent that he is in
business in the City, or when any person holds an active license
or permit issued by a governmental agency indicating that he is
in business in the City, and such person fails to deny by a
• sworn statement given to the License Supervisor that he is not
conducting a business in the City, after being requested to do
so by the License Supervisor, then these facts shall be
considered prima facie evidence that he is conducting a business
in the City.
5.04.050 Constitutional Apportionment. None of the
license taxes provided for by this Title shall be so applied as
to occasion an undue burden upon interstate commerce or be
violative of the equal protection and due process clauses of the
Constitutions of the United States and the State of California.
In any case where a license tax is believed by a
licensee or applicant for a license to place an undue burden
upon interstate commerce or be violative of such constitutional
clauses, he may apply to the Finance Director for an adjustment
isof the tax. Such application may be made before, at, or
within six months after payment of the prescribed license tax.
The applicant shall, by sworn statement and supporting testimony,
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show his method of business and the gross volume or estimated
gross volume of business and such other information as the
Finance Director may deem necessary in order to determine the
extent, if any, of such undue burden or violation. The Finance
Director shall then conduct an investigation, and, after having
first obtained the written approval of the City Attorney, shall
fix as the license tax for the applicant, an amount that is
reasonable and nondiscriminatory, or if the license tax has
already been paid, shall order a refund of the amount over and
above the license tax so fixed. The Finance Director is hereby
authorized to adopt such reasonable rules and regulations as
may be, necessary to guide him in determining proper apportionment
of the business license tax hereunder so as to not place an undue
burden on interstate commerce or be violative of such consti-
tutional clauses.
5.04.060 Exemptions. Nothing in this chapter shall
be deemed or construed to apply to any person transacting and
• carrying on any business exempt by virtue of the Constitution
or applicable statutes of the United States or of the State of
California from the payment of such taxes as are herein prescribed.
Any person claiming an exemption pursuant to this section
shall file a sworn statement with the Finance Director stating
the facts upon which exemptions is claimed, and in the absence
of such statement substantiating the claim, such person shall be
liable for the payment of the taxes imposed by this chapter
The Finance Director shall, upon a proper showing
contained in the sworn statement, issue a license to such person
claiming exemption under this section without payment to the City
of the license tax required by this chapter.
The Finance Director, after giving notice and a
reasonable opportunity for hearing to a licensee, may revoke any
•license granted pursuant to the provisions of this. section upon
information that the licensee is not entitled to the exemption
as provided herein.
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5.04.070 Exemption - Charitable and Nonprofit
organizations. The provisions of this title shall not be
deemed or construed to require the payment of a license tax
• to conduct, manage, or carry on any business, occupation, event,
or activity,.from any institution or organization which is
conducted, managed or carried on for the benefit of religious,
charitable, philanthropic or educational purposes; provided
that convincing evidence is furnished to the Finance Director
which establishes that not less than seventy -five percent of
the gross receipts derived from any such business, occupation,
event or activity will be devoted to religious, charitable,
philanthropic or educational purposes.
This section shall not be deemed to exempt any such
institution or organization from complying with any other
provisions of this Code requiring a permit from the City.
5.04.080 Exemption - Disabled Veterans. Every
honorably dischared soldier, sailor, marine, or airman of the
• United States, who is physically unable to obtain his livelihood
by means of manual labor and who is a qualified voter of the
State of California, shall have the right to hawk, peddle
and vend any goods, wares, or merchandise owned by him, except
spirituous, malt, vinous or other intoxicating beverages, without
the payment of a license fee subject, however, to the restrictions,
limitations, regulations and conditions hereinafter set forth.
(a) Every applicant must comply with the following
requirements before a license may be issued under the provisions
of this section:
1. Every applicant must furnish a certificate
of physical disability executed by a qualified surgeon
of the United States Army, Navy, or Air Force, a
• certificate of honorable discharge from the United
States Army, Navy, Marines, or Air Force, and a
written recommendation from the representatives of the
local posts of the American Legion and the Veterans
of Foreign Wars.
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2. Every applicant must furnish two identifica-
tion photographs, one to be attached to the license
issued to said applicant, and the other to be attached
• to the copy retained by the License Supervisor. -he
applicant must also sign both copies of said license
at the time of the issuance thereof.
(b) A license when issued is subject to the follow-
ing conditions:
1. It is non - transferable and for the exclusive
use of the licensee named.
2. Applicant's identification photograph must
be attached to said license at all times, and failure to
comply herewith is grounds for revocation of said
license and for refusing its renewal or the issuance
of a new license thereafter.
3. Should a license be found in the possession
of one other than the licensee named, it shall be
• surrendered up to the License Supervisor and cancelled,
and neither the licensee named nor the holder thereof
shall thereafter be entitled to hold a license under the
provisions of this section.
4. The licensee named must identify himself by
his signature whenever required to do so by the police
officers, license inspector, or License Supervisor of
the City.
5. Whenever the licensee uses any wagon, cart,
tray, basket or other vehicle or receptacle in vending
any such goods, wares, or merchandise, said license
shall be carried in a license holder attached to said
vehicle or receptacle and in plain view.
• (c) It shall be unlawful for any person, other than
the licensee named, to use or have in his possession any license
issued pursuant to the provisions of this section.
(d) No person shall purchase or transfer any license
issued pursuant to the provisions of this section, or transfer
or convey LI'le certificates mentioned in.paragraph (a)1, above,
to any other person for the purpose of securing a license as
herein provided for.
5.04. 090
• years of age whose
within the City is
shall be exempt fr
5.04.100
A business license
Minor's Exemption. Any person under sixteen
annual gross receipts from any business done
less than Eight Hundred Dollars ($800.00)
Dm the requirements of this Chapter.
Exemption for Artists and Art Exhibits.
shall not be required of individual artists
for the exhibition or display of paintings, sculpture, photo-
graphs or other fine arts in public buildings, art galleries,
or in any business establishment if the exhibition or display
is incidental to the primary business conducted on the premises,
and is primarily for cultural and educational purposes. Any
artist shall be exempt from the requirements of this title if
the sales of his art work within the City do not result in annual
gross receipts in excess of One Thousand Dollars ($1,000).
5.04.105 Exemption for Residential Rental Units. No
• business license shall be required for the business of renting two
or less residential rental units at the same or different locations.
A "rental unit" shall mean and include all residential units
except one which is the part or full time residence of the owner,
and no part thereof is offered or available for rent at any time
during the license year.
5.04.110 Exemption for Public Utilities. A business
license shall not be required for any public utility operating
under a franchise granted by the City and paying a franchise
tax thereunder, except a business license shall be required for
any retail sales or service conducted by such utility in the City
of Newport Beach.
5.04.120 Revenue
• solely to raise revenue for
for regulation.
5.04.130 Alterna
obtain a license under this
Measure. This Chapter is enacted
municipal purposes and is not intended
Live Tax. All persons required to
chapter shall make an annual election
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as to the method of payment of the tax hereunder. The election
may be.to pay a gross receipts form of tax as set forth in
Section 5.08.010, 5.08.022, 5.08.024 or the optional method of
• determining tax as set forth in Section 5.08.020.. The election
of the method of taxation by a licensee for any annual tax period
shall be irrevocable for that period and no change or alteration
of that election is permissible.
5.04.140 Application for License. Before any license
is issued to any person, such person shall make application there-
for to the Finance Director. Applicant must state the name of
the party to whom the license is to be issued; the nature of the
trade or business to be pursued; the place or places where such
business will be conducted and such other information as may be
necessary for the enforcement of the provisions of this title.
5.04.150 Application for First License. In addition
to filling out the application as set forth in Section 5.04.140
• when a person makes an application for the first issuance of a
business license, the person shall make an election between payment
of the optional method of determining tax or gross receipts tax
and furnish the written election to the Finance Director. Persons
electing to pay the optional method of determining tax shall pay
that fee upon the issuance of the first license.
Persons electing to pay a tax based upon gross receipts
shall pay the minimum tax upon issuance of the first license, as
provided in Section 5.08.010, 5.08.022 or 5.08.024; provided that
the tax during the period from the first issuance of the license
to the end of the licensee's fiscal year shall not be less than
1/12th of the annual minimum tax for each month during the period
from initial.issuance to the end of the fiscal year of the licensee
the exact gross receipts of such business during the period of such
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and thereafter the license shall be on an
annual
basis as provided
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in Section 5.04.230.
At the end of the period of
the first year
of the license, the
licensee shall within
thirty
days of the
expiration period of
said license furniish
to the
Finance Director
a statement, upon a
form furnished by the
Finance
Director, showing
the exact gross receipts of such business during the period of such
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license and the license fees for such period shall be finally
ascertained and paid to the Finance Director. The Finance Director
shall not issue any such person another license for the same or
any other business until such person shall have furnished to the
Finance Director a written statement and pay the license fee as
hereinabove required. All statements required to be filed under
this section shall include a declaration in the same form as
required for statements filed in connection with the statement
for renewal for licenses.
9.04.150 Processing of Application. Upon application
being made as provided in Section 5.04.130, and when the applicant
has tendered the license fee required, the Finance Director
shall process the application. If it is an application for a
license for a new business or if he.deems it necessary, he shall
submit it to other departments as necessary, including the Health
Officer, if health and sanitation may be affected, to determine
whether the business and premises to be occupied meet the
requirements of state law and City ordinances.
5.04.170 Issuance of License - Contents. Upon processing
the application and receipt of the appropriate license fee, the
Finance Director shall prepare and issue the license showing upon
the face of each license the following: (a) name of business and
location' (b) business license number; (c) type of business by code;
(d) date of issuance; (e) date of expiration; (f) term of license;
and (g) business mailing address.
5.04.180 Error in Fee Nonprejudicial. In no case
shall any mistake by any officer or employee of the City in stating
the amount of a license fee prevent or prejudice the collection
by the City of what should be actually due from any person carrying
on a business subject to a license under the provisions of this
title.
5.04.190 Error in Terms voids License. The payment of
any license fee required by this title, its acceptance by the
City, and the issuance of such license to any person shall not
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entitle the holder thereof to carry on any business called for by
the license unless he has complied with all requirements of this
Code, or to carry on any business at any location contrary to the
City's zoning regulations.
• 5.04.200 Duplicate License. The Finance Director
shall charge a fee of Two Dollars ($2.00) for each duplicate
license issued to replace any license issued under the provisions
of this title, which has been lost or destroyed, upon reasonable
proof thereof.
5.04.210 License Nontransferable. Each license granted
or issued under any provisions of this title shall authorize the
licensee to transact or carry on the business therein named, at
the place therein designated and at no other place and the license
shall not be assignable or transferable. A change of location
shall be allowed to the holder of the license upon the payment
to the Finance Director of the sum of Ten Dollars ($10.00) within
thirty (30) days of such change taking place. If licensee fails
to apply for change of address within thirty (30) days of such
• change taking place, his license shall terminate and expire at
midnight of the thirtieth (30th) day. In the event of any such
termination and expiration of a license, there shall be no rebate
of any portion of the tax or fee paid by such licensee and in
any application for a new license, there shall be no proration
of the required tax or fee.
5.04.220. Posting and Keeping a License. (a) Any
licensee transacting and carrying on business at a fixed place
of business in the City shall keep the license posted in a
conspicuous place upon the premises where such business is carried
on.
(b) Any licensee transacting and carrying on business
but not operating at a fixed place of business in the City shall
• keep the license upon his person at all times while transacting
and carrying on the business for which it was issued.
(c) Whenever identifying stickers, tags, plates or
symbols have been issued for each vehicle, device, machine or
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other piece of equipment included.in the measure of a license
tax, the person to whom such stickers, tags, plates or symbols
have been issued shall keep firmly affixed upon each vehicle,
• devise, machine, or piece of equipment the identifying sticker,
tag, plate or symbol which has been issued therefor at such
locations as are designated by the Finance Director. Such
sticker, tag, plate or symbol shall not be removed from any
vehicle, device, machine, or piece of equipment kept in use,
during the period for which the sticker, tag, plate or symbol
is issued.
5.04.230 Payment and Term of License - Transition
Period. All business licenses shallbe issued on an annual basis.
The period covered by each license shall be from the date of
issuance to twelve months from such date; provided, however,
for businesses electing to pay a gross receipts tax, as herein
provided, the license shall. expire at the end of the business
• fiscal year of the licensee. During the "transition period" for
existing businesses who elect to pay a gross receipts tax,
transitioning from the optional method of determining tax or
from the taxing system existing prior to the effective date of
adoption of this chapter, to the gross receipts tax, a licensee
shall pay a gross receipts tax based upon the gross receipts
of the licensee from the date of issuance of the business license
to the end of the business fiscal year of the licensee at the
rate set forth in Section 5.08.010, 5.08.022 or 5.08.024, provided
that the tax paid during the transition period shall not be less
than one - twelfth (1 /12th) of the annual minimum tax for each
month during the transition period.
5.04.240 Statement for Renewal of Licenses. (a) For
all persons having elected to pay gross receipts tax under this
• chapter, the person subject to the business tax shall submit to
the Finance Director, within thirty days after the close of the
license period, a sworn statement setting forth the gross receipts
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for the preceding year and such person shall pay the license
fee as provided in Section 5.08.010, 5.08.022, or 5.08.024.
(b) The sworn statement shall be made on forms
prescribed by the Finance Director and shall include a declaration
substantially as follows:
"I declare under penalty of perjury that
I am authorized to make this statement and to the
best of my knowledge and belief the statement is
true, correct and a complete statement made in good
faith for the period therein stated, in compliance
with the provisions of the Newport Beach Municipal
Code."
(c) Persons electing to pay the optional method of
determining tax shall pay the tax for the following year upon
renewal and no sworn statement shall be required for renewal.
5.04.250 Unpaid Fees. No license for any succeeding,
• current or unexpired license period shall knowingly be issued
to any person who, at the time of making application for any
license, is indebted to the City for any unpaid license fee.
5.04.260 Penalties for Delinquency. For failure to
pay a license tax when due, the Finance Director shall add a
penalty of 25% of said license tax on the last day of each month
after the due date thereof, providing that the amount of such
penalty to be added shall in no event exceed 1000 of the amount
of the license tax due.
5.04.270 License Fee a Debt. The amount of any
license fee and penalty imposed by the provisions of this title
shall be deemed a debt to the City of Newport Beach and any person
• carrying on any business without first having procured a license
from the City so to do shall be liable to an action in the name
of the City in any court of competent jurisdiction, for the
amount of license fee and penalties imposed on such business.
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5.04.280 Refunds. The License Supervisor, with the
approval of the Finance Director, may refund any license fee
or penalty which he determines was erroneously collected, but
no license fee shall be refunded if, prior to his application
for a license, the applicant has engaged in the business for
which the license is sought.
5.04.290 Enforcement - Right of Entry. (a) Enforce-
ment. It shall be the duty of the Finance Director to enforce
each and all of the provisions of this title, and the Chief
of Police shall render such assistance in its enforcement as may
from time to time be required by the Finance Director.
(b) Right of Entry: The Finance Director and each
and all of his assistants, and any police officer or City employee
whose job includes the inspection of the business license, shall
have the power and authority to enter, free of charge, and at
any reasonable time, any place of business required to be
licensed and demand an exhibition of its license certificate.
Any person having such license certificate theretofore issued
in his possession or under his control, who willfully fails to
exhibit the same on demand shall be guilty of a misdemeanor and
subject to the penalties provided for by the provisions of
this title.
5.04.300 Examination of Books, Records, Witnesses,
Information Confidential. The Finance Director, or any
authorized employee, is hereby authorized to examine the books,
rapers and records of any person subject to this ordinance,
who has made the election to pay a gross receipts tax, for the
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purpose of verifying the accuracy of any return made, or,, if
directed and required to furnish to the Finance Director, or his
duly authorized employee, the means, facilities and opportunity
for making such examination and investigation as are hereby
authorized. The Finance Director is hereby authorized to examine
any person, under oath, for the purpose of verifying the accuracy
of any return made, or, if no return is made, to ascertain the
license fees due under this title, and for this purpose may
compel the production of books, papers and records and the
attendance of all persons before him, whether as parties or
witnesses, whenever he believes such persons have knowledge of
such matters.
The refusal of such examination by any employer or
person subject or presumed to be subject to the license fees
• shall be deemed a violation of this ordinance and a misdemeanor.
All information obtained by the Finance Director under
this section shall be confidential, as provided in Section
5.04.320 of this title.
5.04.310 Declaration - Confidential Documents. Any
statement or information filed or gathered pursuant to this title
shall be deemed to be confidential in character and shall not
be subject to public inspection and shall be kept so that the
contents thereof shall not become known except to persons charged
with the administration of this title.
5.04. 320 Extension of Time. In addition to all other
power conferred upon him, the Finance Director shall have the
power, for good cause shown, to extend the time for filing any
required sworn statement or application for a period not to
exceed thirty (30) days and in such case, to waive any penalty
that would otherwise have accrued, except that 1% simple interest
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no return is made,
to ascertain the license fees
due under
•
this title. Every
licensee or supposed licensee
is hereby
directed and required to furnish to the Finance Director, or his
duly authorized employee, the means, facilities and opportunity
for making such examination and investigation as are hereby
authorized. The Finance Director is hereby authorized to examine
any person, under oath, for the purpose of verifying the accuracy
of any return made, or, if no return is made, to ascertain the
license fees due under this title, and for this purpose may
compel the production of books, papers and records and the
attendance of all persons before him, whether as parties or
witnesses, whenever he believes such persons have knowledge of
such matters.
The refusal of such examination by any employer or
person subject or presumed to be subject to the license fees
• shall be deemed a violation of this ordinance and a misdemeanor.
All information obtained by the Finance Director under
this section shall be confidential, as provided in Section
5.04.320 of this title.
5.04.310 Declaration - Confidential Documents. Any
statement or information filed or gathered pursuant to this title
shall be deemed to be confidential in character and shall not
be subject to public inspection and shall be kept so that the
contents thereof shall not become known except to persons charged
with the administration of this title.
5.04. 320 Extension of Time. In addition to all other
power conferred upon him, the Finance Director shall have the
power, for good cause shown, to extend the time for filing any
required sworn statement or application for a period not to
exceed thirty (30) days and in such case, to waive any penalty
that would otherwise have accrued, except that 1% simple interest
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shall be added to any tax determined to be payable.
5.04.330 Appeal. Any person aggrieved by any decision
of the Finance Director with respect to the issuance or refusal
to issue such license may appeal to the City Council by filing
is a notice of appeal with the City Clerk. The City Council shall
thereupon fix a time and place for hearing such appeal. The
City Clerk shall give notice to such person of the time and place
for hearing by serving it personally or by depositing it in the
United States mail at Newport Beach, California, postage prepaid,
addressed to such person at his last known address. The Council
shall have authority to determine all,questions raised on such
appeal. No such determination shall conflict with any
substantive provision of this ordinance."
SECTION 2. Section 5.08.010 of the Newport Beach
Municipal Code is amended to read as follows:
"5.08.010 Gross Receipts Tax - Minimum License Fee.
Except as provided in Section 5.08.022 and Section 5.08.024,
every person carrying on any business within this City who elects
to pay a gross receipts tax shall pay an annual license.fee
of Thirty Cents ($.30) for each thousand dollars of gross
receipts; provided, however, each licensee shall pay a minimum
tax of Forty Five Dollars ($45.00) per year, regardless of the
gross receipts of such business derived from business activity
carried on within the City of Newport Beach."
SECTION 3. Section 5.08.020 of the Newport Beach
Municipal Code is amended to read as follows:
QyC
115.08.020
Optional Method of Determining Tax. For
every person
carrying
on any business within the City who elects
not to pay a
gross
receipts tax as provided hereinabove, such
flat rate annual tax of Seventy Five Dollars
person shall
pay a
($75.00) per
year,
unless a different fee is specified in
QyC
this title for that particular business."
SECTION 4. Section 5.08.022 is hereby added to
the Newport Beach Municipal Code to read as follows:
"5.08.022 Tax On Manufacturing. (a) Every persona
who elects not to pay the optional method of determining tax,
pursuant to Section 5.08.020, who is engaged in the business
of manufacturing or processing any goods, wares, merchandise,
articles, substance or commodity at a fixed place of business
within the City of Newport Beach shall pay an annual license fee
of thirty cents ($.30) for each thousand dollars of gross receipts,
less the value of raw materials or the value of the partially
completed product at the time it enters the manufacturing process
within the City.
(b) Whenever (1) there are no gross receipts because
the manufacturing process within the City of Newport Beach does
not result in a finished product, (2) where it is shown to the
satisfaction of the Finance Director that the licensee's present
method of accounting, using generally accepted principles of
accounting consistently applied, does not permit it to determine
gross receipts (3) where the cost of raw materials cannot be
determined, or (4) the final product consists principally of raw
materials or component parts manufactured elsewhere by the
licensee, the following alternate method of calculating gross
receipts under this section shall be used:
The total of all expenses incurred in the manufacturing
process at the business location within the City of Newport Beach
for payroll, utilities and rent.
(c) The business tax under this section shall not be
considered either a retailer or wholesaler with respect to the
sale of goods manufactured by such business within the City of
Newport Beach.
(d) Any person electing to pay the tax under this
section shall pay a minimum tax of Forty Five Dollars ($45.00)
on M.
0
per year."
SECTION 5. Section 5.08.024 is hereby added to the
Newport Beach Municipal Code.
"5.08.024 Tax on Administrative Headquarters. (a) Every
person who elects not to pay the optional method of determining
tax, pursuant to Section 5.08.020, who is conducting or carrying
on the operations of an administrative headquarters shall pay a
license fee of thirty cents ($.30) for each thousand dollars of
gross payroll of all persons employed at the business at such
administrative headquarters.
(b) Administrative headquarters shall mean a location
where the principal business transacted consists of providing
administrative or management related services such as,. but not
limited to, record keeping, data processing, research, advertising,
public relations, personnel administration, legal and corporate
headquarters services, to other locations where the operations
of the same business are conducted which lead more directly to
the production of gross receipts.
(c) A business shall be taxed as an administrative
headquarters if the number of employees engaged in managing
the business activities exceeds the total number of employees
engaged in activities at the same location which would be
otherwise taxable under this ordinance. The gross payroll on
which the license fee is to be computed shall include those
employees engaged in those activities otherwise taxable under
this ordinance.
(d) "Gross payroll" shall mean and include the total
gross amount of all salaries, wages, commissions, bonuses, or
other money payment of any kind which a person received from or
is entitled to receive from or be given credit for by his
employer for any work done or personal service rendered in any
trade, occupation or profession, including any kind of deductions
before "take home" pay is received; but shall not mean or
include amounts paid to traveling salesmen or other workers as
I O
e
allowance or reimbursement for traveling or other expenses
incurred in the business of the employer, except to the extent
of the excess of such amounts over such expenses actually
incurred and accounted for by the employee to the employer.
(e) Any person electing to pay under this section
shall pay the minimum tax of Forty -Five Dollars ($45.00) per
year."
SECTION 6. This Ordinance shall be published once
in the official newspaper of the City and shall be effective .
immediately upon its adoption, pursuant to Section 416 of the
Charter of the City of Newport Beach, being an ordinance fixing
the rate of taxation. This Ordinance shall apply to business
licenses as existing licenses are renewed and shall apply to new
applications as of the date of application.
This Ordinance was introduced at a regular meeting
of the City Council of the City of Newport Beach held on the
14th day of November , 1977, and was adopted on the 28th
day of November 1977 by the following vote, to wit:
ATTEST:
City Clerk
CERTIFir'D AS Ti 15 OR;- Z34NAL AND
CE,T1 ,1-D AS TO U"LiCA) IOC!
DATE P . 1977
J
d1TY CLERK OF TH_ CITY OF " P07T BCACH
AYES, COUNCILMEN: Dostal, Barrett, Kuehn,
McInnis, Rogers, Ryckoff, Williams
NOES, COUNCILMEN: None
ABSENT
None
-20-
HRC:yz
10/19/7
10/27/7
11 /15/71