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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 ::: 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 LR: a<lm l 2 3 4 5 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: 8 9 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 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 1 2 3 4 5 6 7 8 10 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 · 15 16 17 18 19 20 21 22 23 24 25 ·26 27 28 (SEAL) ,j i· l l f