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HomeMy WebLinkAboutOrd 1979-1885 a - " I • � . ORDINANCE NO. 1885 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING ORDINANCE NOS. 1372, 1390 , 1584 , 1658 AND 1715 ESTABLISHZNG AND LEVYING AN INCREASED ADDITIONAL BUSINESS LICENSE TAX UPON THE AREA INCLUDED IN THE PARKING AND BUSINESS IMPROVEMENT AREA DISTRICT FOR THE PURPOSE OF THE GENERAL PROMOTION OF RETAIL TRADE AND OTHER COMMERCIAL AND PROFESSIONAL BUSI- NESSES AND MODIFYING THE BOUNDARIES OF SAID PARKING AND BUSINESS IMPROVEMENT AREA TO ENCOMPASS THE REDEVELOPMENT PROJECT AItEA NO. 1 TERRITORY F7HEREAS, under and pursuant to the provisions of the Parking and Business Improvement Area Law of 1965, Section 3FC00 et seq. , of the State of California Streets and Highways Code , herein called "said Law" , the City Council of the City of Chula Vista on November 20 , 1979 adopted Resolution No. 9859 , declarizg its intention to establish and levy an increased additional busi- ness license tax upon the area included in the Parking and Business Improver�ent Area and to modify the boundaries of said area for the purpose of the general promotion of retail trade, and fixing the time and place for a hearing to be held to consider the adjustment of said additional business license levy and nodification of the boundaries of said Parking and Business Improvement area, and directing the giving of notice of said hearing, and [^7IIEREAS, said Resolution No. 9859 was duly published, and copies thereof were duly mailed and posted, all as provided by said Law, and WHEREAS, as specified in said Resolution No. 9859 , a hearing concerning the increased additional business license tax and the modification of the boundaries of the Par}:ing and Business Improvement area was held before the City Council of the City_ of Chula Vista on the llth day of December, 1979 , at tt�e hour oi 7 : 00 p�mo in the Council Chambers of City Hall, 276 Fourth Avenue, Chula Vista, California, and WHEREAS, at said hearing all protests, both written and oral, made or filed, were considered and duly overruled and denied and this City Council determined that there was no majority protest within the meaning of Section 36023 of said Law which majority would be determined based upon the percentage of the general business license tax paid by those so registering their protests , NOW, THEREFORE, BE IT ORDAINED by the City Council of the Cicy of Chula Vista, as follows: Secti.on 1, Improvement Area Modified. That pursuant to the authority granted by the State of California in said Law, the Parking and Business Improvement area, known as the downtown business area of the City of Chula Vista is hereby modified to be coterminus with the Redevelopment Project -1- p. � ! � d S . Q Revised 72-12-79 Area No. 1 and herein shall be referred to as "Area" , which Area i's generally described as encompassing all of those properties bounded by the North side o£ "D" Street, North side of "I" Street, East side of Del Mar and the West side of Fourth Avenue as described more specifically on Exhibit A and shown more spe- cifically on a map thereof designated as Exhibit B, attached and incorporated in said Resolution No. 9859 on file in the office of the City Clerk of the City o£ Chula Vista. Section 2 . Business License Tax Defined. That the term "general business license tax" as used in this ordinance and which is sometimes called "basic business license tax"�or "business license fee" is hereby defined as the tax levied upon a particular business , trade or profession within the City of Chula Vista as set forth for such particular business, trade or profession in Title 5 of the Chula Vista Municipal Code as said Title 5 presented reads or as it may be hereafter amended. Section 3 . Additional Business License Levy. That in addition to the general business license tax, an additional business levy or fee is hereby improved upon businesses -�' located within said Area. The additional license levy shall be as follows : Class A: Business of manu£acturing; apartments; hotels - An assessment equal to two times the business license. Class B: All classes of vending machines; games; card rooms; bowling alleys; pool halls, pawn shops - An assessment equal to two times the business license. Class C: Bars serving beer only r An assessment equal to two times�e �usiness license. Class D: Public utilities, including gas, electric, telegraph, t�e epT one, water and trash - An assessment equal to two times the business license. Class E: Attorneys; medical and dental doctors; real estate brokers, bookkeeping, accounting, auto sales, chiropractor; veterinarians; stock and bond brokers; engineers; savings and loan associations; loan agencies; construction companies; newsstands, answering services; coin dealers; all other pro ession ' licensed and regulated by the State o£ California and not specifically otherwise classified herein - An assessment equal to two times the business license. Class F: Automotive repairs and accessories; auto parts, service stations; bookstores; undertaking establishments; cleaners and cleaner ' s agents and agencies; laundromats and self-service laundries and cleaners; rental agents and agencies; refrigeration repair; rental leasing companies; shoe repair shops; theatres; barber and beauty shops and supply stores; cafes and restaurants, not serving hard liquor; donut stores; massage parlors; schools of instruction, training schools; equipment rentals; physical culture studios or gymnasium; luggage repair shops, . travel agencies; tailors; interior decorators, sewing machine repair; printers; of£ice machines - An assessment equal to two times the business license. -2- ' . �\ Class G: Grocery stores and supermarkets; bakery goods, meat markets; delicatessens, department stores, variety stores, surplus stores; ice cream stores; liquor stores; photo studios and photo supplies - An assessment equal to two times the busine�s license. Class H: Clothing stores; shoe stores; appliance stores; furniture stores; jewelry stores; sporting goods stores; restaurants serving hard liquor; yarn shops, arts and crafts shops; florists; nurseries , garden shops; hardware stores; pet stores; plumbing supplies; electrical supplies; television stores; hearing aid stores; music stores; paint stores; sewing machine sales; yardage stores; trophies; pharmacies; bicycle stores, hobby shops; gift stores; carpet stores; all other business involving retail sales - An assessment equal to two times the business license. Said additional license tax shall be levied, collected and enforced in the sar.ie manner, at the same time and with the same penalties and interest as in the case of the general business license tax; provided, further, that no such additional license tax levy shall be more than ONE HUNDRED DOLLARS ($100. 00) . Section 4 . Collection_ of Additional Taxes. The collection of the additional levy to the license tax proposed by virtue of this proceeding shall be made at the times set forth hereinabove and in the same manner as the ordinary business license tax of the City under the provisions of the Chula Vista biunicipal Code, and such tax proposed to be imposed under this proceeding shall be computed in the manner provided in the Chula Vista i4unicipal .�ode for each business. Section 5. Exemptions. Any business, person or institution which is exempt from the payment of the ordinary business license tax of the City by reason of the provisions of the United States or State Consti- tutions, regardless of the location of said business, may make a voluntary contribution to the improvement district. Such contri- bution shall be used for the purposes provided in this ordinance. Section 6 . Multiple License at Same Business Location - Single Assessment On y. If more than one business is being conducted at a single address and more than one business license has been isssued to the proprietor of a single business premise, the assessment for the business improvement district shall be levied as an additional charge against that license for which the highest fee is paid. Section 7 . Proposed Uses. . That the uses to which the proceeds of the additional business license tax shall be put are: A. Decorations of public places in the Area. , B. Promotion of public events which are to take place within the Area. C . Furnishing of music in public places in the Area. D. The general promotion of retail trade and commercial and professional business activities in_ the Area. � � A S/ -3- � ' � Section 8 . Submission of Budget. The Town Centre Business and Professional Association shall submit annually, prior to the first day of March, a budget for the balance of the calendar year for the expenditure of funds realized through said additional business license tax, which budget shall be subject to the approval of the City Council and the City Council shall authorize thie disburseinent of funds in accordance with the requirements of said budget to the Town Centre Business and Professional Association for the purposes set forth herein and any such amounts as may be required for said purposes on a quarterly basis . Section 9 . Annual Review of Progress of Downtown Improvement Area - Management an Ac ievements. The City Council shall review annually, at least one month prior to the termination of a calendar year, the management activities and achievements of the downtown improvement area and may hold a public hearing to take testimony on such matters so as to ascertain the desirability and necessity of continuing the downtown improvement area. Section 10 . Council Findings . That this City Council finds and determines that the public desirability and necessity and welfare require the esta- blishing and levying of an increased additiorial business license tax upon the Area. ' Section 11. Overruling Protests . That all protests, both written and oral, are overruled and denied and the City Council finds that there is no majority protest within the meaning of Section 36023 of the Streets and Highways Code. Section 12 . This ordinance shall .take effect and be in £ull force upon first reading and adoption. Presented and Approved as to� form by � i George D. Lindberg, C3 y Attorney � -4- _ . . Y . , APPROVED AND ADOPTED 8Y THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, AT FIRST READING THIS llth DAY OF December , 197 9 , by the follo�ving vote, to—wit: AYES� COUnCilmen ; Hyde, McCandliss, Scott, Gillow, Cox NAYES� Councilmen : None � ABSTAIN: Councilmen : . None � ABSENT: Councilmen : None � - ' /s/ Will T. Hyde Mayor of }he City of Chuia Vista ATTEST�s/ Jennie hf. Fulasz i City Cierk _ STATE OF CALIFORNIA ) ' COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) i, JENNIE M. FULASZ, CMC, CITY CLERK of iha City of Chula Vista, California, 00 HEREBY CERTIFY that the obove and foregoing is a full, true and correct copy of � i ORDINANCE N0. 1885 ,and that the same has not been amended or repealed. Ol1TED December 12, 1979 t - r�� . 4 �y! . ,; f\,:, . .. : ':. ':= _!= ' .�. �!. � ,: ::—' ----_�_..-_-�r.;". 'J�$��)� -:�':y,�"r',�J� City Clerk -_ __ ._ . ._ ::_ . �..:__ . � ��� . . _ ` .. • :.;:. �,� I , _ - _ cc-sso .