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HomeMy WebLinkAbout1985-05-07; City Council; 8161; Request for Refund of Business License Penaltyz 0 ti -c _, 0 z ::) 0 CJ en OF CARLSBAD -AGEND 1BILL AB# f'I k{ MTG. 5/7 /85 OEPT._F_I_N ___ _ IIII..E; REQUEST FOR REFUND OF BUSINESS LICENSE PENALTY --THE BROADWAY DEPARTMENT STORE AND RESTAURANT DEPT.H(. v CITY A-rT¥. ClT~fMG:t-~ RECOMMENDED ACTION: Deny the request for refund. ITEM EXPLANATION: The Broadway department store located at Plaza Camino Real was delinquent in paying their 1985 business license. The license renewal form was post~arked two days after the renewal deadline. Based on this delinquency the City Code requires that a penalty be assessed in addition to the regular license fee. The Broadway is requesting a refund based on the following statement of facts: The Broadway Department Store (Broadway) opened in Carlsbad in 1979. Since that tim~ Broadway has filed business license returns and paid corresponding license fees to the City of Carlsbad on a timely and accurate basis, as required by law. The accuracy of prior returns has been verified through audit by the Finance Department, in which no liability was disclosed. As in previous years, the 1985 Carlsbad business license'renewal was timely and accurately prepared by Broadway's tax department. The completed return was submitted with full payment to Broadway's mailroom for processing. The mailing was inadvertently delayed two days by Broadway's mailroom, Th~ Carlsbad Municipal Code section 5.04.020 requires that the City assess a penalty of 25% of the license amount plus 1% per day for each day a business is delinquent in renewing a business license. FISCAL IMPACT: The requested refund totals 27% of the license fee, or $1,c04.54. EXHIBITS: 1, Request for Refund filed by Carter Hawley Hale Stores, Inc, { Honora b I e City Cou nc 11 Members City of Carlsbad: PETITION FOR WAIVER OF PENALTIES 1985 BUS I NESS LICENSE RENEWAL THE BROAtMAY DEPARTMENT STORE AND RESTAURANT Statement of Facts: The Broadway Department S·tore (Broadway) opened in Car I sbad in 1979. Since that time Broadway has flied business I icense returns and paid corresponding license fees to the City of Carlsbad on a timely and accurate basis, as required by law. The accuracy of p1·lor returns has been verified through audit by the Finance Department, in which no liability was disclosed. As in previous years the 1985 Carlsbad business I lcense renewal was timely and accurafoly prepared by Broadway's tax department. The completed ret~rn was submitted with full payment to Broadway's mai I- room for processing. The mail Ing was Inadvertently delayed two days by Broadway's mailroom personnel. Request for Waiver of Penalties: Broadway has always exercised due care in fll Ing timely tax returns. The subject delinquency was not the result of neg I igence nor any intent to avoid or delay payment of tax. Broadway wishes to pay the Interest portion of the proposed assessments to reimburse the city for the delay in payment. We believe the facts In this instance demonstrate reasonable cause for the delinquency. In I lght of this and Broadway's excel lent com- pliance record we respectfully request that you abate the proposed penaltle:.:.. ul ly submitted, l/ct.dj Richard V. Carlson Manager, Sales Tax Carter Hawley Hale Stores, Inc. <) Carter Hawley Hale Stores, Inc. (213) 620-0150 550 South Flower Street, Los Angeles, California 90071 Apri I 8, 1985 Mr. James F. El I iott Finance Director City of Carlsbad 1200 EI m Avenue Carlsbad, CA 92008-1989 Re: 1985 Business License Renewal-Delinquency Notice Request for Waiver of Penalties The Broadway Department Store and Resi-aurant Dear Sir: Attached is our statement of facts and pet-ltlon for waiver of penalties relating to the above-referenced def inquency. As Instructed In your let~er of March 11, 1985, we respedful ly request that you forward this to the City Counci I for consideration ai· their next ~vallable meeting. Your assistance and cooperation in this matter are greatly appreciated. Richard V. Carlson Manager, Sales Tax RVC:kcn The Broadway•Sou!hern Call!orni. , Tht Broadw..y-Soutuwest , Emporium CapweU • Thalhlmer, , J<.>hn Wanan1lket , Weinstock'• Bergdorf Goodman• Holt. Renfrew• Nelman•Mami1 , Contempu Ca.um , Waldenl>ooks 1200 ELM AVENUE CARLSBAD, OAL!FORNlA swnn Office of the City Clerk May 10, 1985 ~ w Qtitp of Qtad.sbab Carter Hawley Hale Stores, Inc. 550 South Flower Street Los Angeles, CA 90071 Attn: Richard V. Carlson Manager, Sales Tax Re: Business License Tax -Penalty Tr::I C::Pl.lf"\Mr::, (714) 438-5535 The Carlsbad City Council, at its meeting of May 7, 1985, considered yo~r request for waiver of the penalty for late renewal for the business license for the Broadway Depart- ment Store and Restaurant. The requested refund was denied. Enc. /I