HomeMy WebLinkAbout1979-11-20; City Council; 6082; Revision of Refund Procedures Business Licenses~ CITY OF CARLSBAD .-
AGENDA BilL NO.
DATE: November 20 1979 _ _.;.,;.;;.....;:;.;.;.;=..;:;..;.....,;;;:.a:..........,'-"-'-.;:;._----------
D EPA R TME NT: City Clerk -----'--------------
Initial:
Dept.Hd.~
C. Atty.~
C. Mgr. __
Subject: REVISION OF REFUND PROCEDURES FOR BUSINESS LICENSES
Statement of the Matter
In an effort to make refund procedures consistent, attached
is an Ordinance which would allow refunds for overpayment of
business license fees to be made in the same manner as overpayment
of other fees .
Exhibits
1. Memorandum to the City Manager, dated October 29, 1979,
from the City Clerk
2. Ordinance No. (o Q fa O
Recommendation
If Council concurs , in traduce Ordinance No. (o o <no
Council Action:
1 £~WUH}Q Action:
11-20-79 The matter was continued.
11-28-79 -Continued to December 4, 1979
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12-4-79 Council introduced Ordinance 6060, amending the Hunicinal Code
to revise the procedure for adjustments of business license fees.
12-18-79 Council adopted Ordinance No. 6060.
MEMORANDUM
DATE:
TO:
FROM:
RE:
October 29, 1979
CITY MANAGER
City Clerk
REVISION OF REFUND PROCEDURES ~OR BUSINESS
LICENSES
Council, at their meeting of August 7, 1979, adopted Ordinance
No. 1215, revising the procedures for refunds to allow the
City Manager to approve refunds not exceeding $500.00. The
refund procedure for business licenses was not addressed at that
time., ~nd in order to make refund procedures consistent, Council
may wish to consider amending that particular section of the
Code at this time.
Section 5.04.130 of the Municipal Code requires that a request
for refund be submitted to Council. It states the minimum license
fee will not be refunded, and that Council reserves the right to
grant or refuse any such request for refund of amounts in excess
of the minimum fee, after ascertaining the facts in each particular
ca:;e.
The Ordinance, as proposed, would retain the requirement for
retention of the minimum license fee. The Ordinance will allow the
City Manager, for amounts less than $500.00, and the City Council,
for amounts in excess of $500.00, to either approve or deny such
requests for refunds on a case-by-case basis.
~t. '/((), , -Ji;._ .6.u,_,,,,__
LEE RAu~R.ANz:---·d-
city Clerk
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ORDINANCE NO. 6060
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING TITLE 5,
CF.APTER 5. 04 OF THE CARLSBAD MUNICIPAL CODE
BY THE AMENDMENT OF SECTION 5.04.130 TO REVISE
THE PROCEDURE FOR ADJUSTMENTS OF BUSINESS
LICENSE FEES
6 The City Council of the City of Carlsbad, California, does
7 ordain as follows:
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SECTION 1: That Title 5, Chapter 5.04, Section.5.04.130
of the Carlsbad Municipal Code is amended to read as follows:
"5.04.130 Adjustments. If it ::.s found that an additional
license fee amount is required from any licensee, the City Clerk
shall bill the licensee for such amount and such amount shall be
paid by the licensee within ten days after the billing. It
~s unlawful for any licensee to continue to conduct any business
within the City if he is billed as provided in this chapter for
an additional license fee and fails to pay such additional
license. fee within the ten days. after such billing.
In the event it is found that any licensee has paid a
license fee amount in excess of that required, the licensee may
submit a request for refund to the City Clerk, who shall
investigate the request and forward the request and recommendation
to the City Manager, if the amount of the requested refund is
$500.0J, or less, or to the City Council, if the amount of the
requested refund is in excess of $500.00. At the request of the
licensee, the City Cler.k may, in the Clerk's discretion, apply
a refund in an amount less than $500.00, or a port:i.on thereof, to
the next ensuing license fee payable by such licensee for such
business. No minimum license fee, or any portion of such
minimum fee shall be refunded.
The City Manager and the City Council reserve the right to
pass upon and in their discretion either grant or refuse to grant
refunds or amounts, or portions thereof, paid as license fees
over and above the minimum fee, after ascertaining the facts in
each part:i.cular case where requests· or demand for refund is mad~
or presented.11
EFFECTIVE DATE: This Ordinance shall be effective thirty day
25 after its adoption, and the City Clerk shall cEirti.fy to the adop-
26 tion of this Ordinance and cause it to be p1,1bHshed at least once
27 in the Carlsbad Journal within fifteen days after its adoption.
28 INTRODUCED AND FIRST READ at a Regular Meeting of the
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Carlsbad City Council, held on the -1J:J:L_day of December
1979 ~nd thereafter,
PASSED, APPROVED AND ADOPTED at a Regular Meeting of said
City Council held on the 18th day of _ _..Q~e_..c ... e..._m""'be....,r ____ ~_ 1979 by
the following vote, to wit:
AYES: Councilmen Packard, Skotnicki, Anear, Lewis and
Councilwoman Casler
NOES: None
ABSENT: None ~dL. ,£:.I-(_
RONALD C. PACKARD, Mayor
li_ ATTEST:. ::4 HA.<;A~==-:f~~.;!..;,~...:...:;~=~;._,...
14 Anita Dack Murphy, epu y 1 ty Cl erk
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(SEAL)
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