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HomeMy WebLinkAbout1995-06-27; City Council; 13213; APPEAL OF BUSINESS LICENSE TAX LATE PENALTY PAYMENT* n Cl@ OF CARLSBAD - AGEVA BILL AB # *pm '3 at 3 TITLE: APPEAL OF BUSlNESS LICENSE TAX LATE PENALTY PAYMENT DEPT. - DEPT. HD. 1 CITY ATT& CITY MGR.9 - I i I 0 u11 B 2 fz 6& 2 0 I- e a d' '0 2 3 8 RECOMMENDED ACTION: Adopt Resolution No. 9 5- 1% I denying the appeal by Subway #4584 of the penalties on Business License Tax for the tax years which began on April 1, 1992, 1993 and 1994. ITEM EXPLANATION: The Carlsbad Municipal Code (Chapter 3.12) requires all businesses operating in the City of Carlsbad to obtain a tjusiness license from the City of Carlsbad and to pay the business license tax that is calculated on the estimated Gross Receipts for the ensuing twelve month tax period. There is also included in the Municipal Code a provision for the businesses that fail to obtain their business license in a timely fashion to be assessed late and delinquent penalties to be paid in addition to the business license tax for that respective period. Subway #4584 commenced business in the City of Carlsbad on April 30, 1992 without first obtaining a business license. Mr. Richard Bellon, the owner, continued to operate the business in the City until November 11, 1994, the date on which an application was filed. Mr. Bellon was informed of the requirement to ~ pay penalties in addition to the business license tax at the time of his filing the application for a business license. Mr. Bellon is now appealing to the City Council for a dismissal of the late penalties related to the delinquent payment of the business license taxes previously referenced. Mr. Bellon's written appeal (Exhibit A) states the following: 1. The owner of the business had a tremendous amount of details to take care of before opening the business. 2. The owner of the business overlooked the filing for the business license after going through a permit process that was long and complicated; the business license was the only thing overlooked. I 3. The City of Carlsbad did not inform the owner about the business license tax. Staff recommends that the appeal be denied. The code is clear on the issue, of other businesses in the past under the same section of the code. Also, although the City does take steps to inform new businesses about the tax, it is the responsibility of the business to find out about the requirements of the jurisdiction in which they are operating. Most cities in California do impose a business license tax or fee. It is not an unusual requirement. the assessment of late penalties and similar penalties have been assessed to I 0 0 PAGE TWO OF AGENDA BILL NO. 13,213 FISCAL I MPACT: Subway #a84 has been assessed late penalties of $192.73 for the three year remitted the three year total business license tax in the amount of $385.45 at the time of filing the application. If the appeal were granted, it would result in the loss of $192.73 of business' license tax revenue for the fiscal year of 1994-1995. EXHIBITS: delinquency of the tax periods of 1992-1993, 1993-1994 and 1994-1995. The owner a) Letter from Subway #4584 dated January 23, 1995. b) Resolution No. 95-181 denying the appeal of penalties on business license taxes. c) Carlsbad Municipal Code Section 5.04.020. I <* e e EXHlBfT A I- 2 3- 9s- sm..&y &,PJ~C f &sco oc&c NeiLk-L ' I 1 e\rq e& C4PLsuAD: "1 \ "--j -._ 3 k_Sc%Lb LC &$L TD GPt%&L Tk sei! I ! _. P&ltll+Ld sF T&E. 6uutfsj CIC&?",nrSd. - f &J@R ti40 &@ FlLLIL'G %sa -tb?& ucusa i I I &F=t&tc Gel a6- -rtfCo~ d ~ P U~tt &ado - -3 5 rtM fl TuLMmDeCL3 &4t?U-1Ltt e F-OE78ILS "- k EU&R sw=cRkieD M% fieSBtc7' ZT4 , i I TL&&g: CShSIOER W$+l/[C& ytCe PW&Ld 1 '@% d&!- LlcW5L- -7" 4d d "- """ Cz-A-8&@- -""" ".". ___" EXtflB IT- bs 3 1 2 3 0 0 EXHIBIT B RESOLUTION NO. 95-181 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA DENYING THE APPEAL OF PENALTIES ON BUSINESS LICENSE TAXES 4 11 WHEREAS, the City has received a request to appeal the penalties on a business 5 6 7 license issued by the City of Carlsbad; and WHEREAS, Chapter 3.12 of the Carlsbad Municipal Code requires all businesses operating in the City to obtain a business license and provides for penalties to be : .a assessed for any delinquent taxes; and 9 WHEREAS, the business license taxes paid for the Subway #4584 business were 10 California, as follows: 12 NOW, THEREFORE, BE IT RESOLVED by the City Cbuncil of the City of Carlsbad, .11 delinquent for the tax years which began on April 1, 1992, 1993 and 1994. 13 1. That the foregoing recitations are true and correct. 14 15 2. That the appeal of the penalties by the Subway #4584 is denied. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of 3.6 vote, to wit: 17 the City of Carlsbad, California on the 27th day of JUNE , 1995, by the following 18 19 20 21 22 23 AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None %IAUDE A. LIWB, 'Mayor ATTEST: 24 25 26 ALemL 27 28 I1 (; 0 e EXHIBIT C 5.04.010 - 0 %&. L.&C .I". Yi :?:? ..,- g? .. :&>; 8: % b:. . .-.. , :@;.. . i.": ; _.: : " .i . , . $::* -, ,,... z *. 1y'. , .; L .. *"." . g..->', t +: ..j :. r: '% .e+t;. >- i .r ..... -.- : &'' : :: ::A, ,. . s.<g .- It.._ ~ $ p+, I.%. v . .. .%.A,-. .: -~ . . .. , .?$ili.;-. , yo. .:. ::.y: : ; p...$l.l . , .,.bl.L .:.<?i.- $.,C .k em+- , n .. ?&:&;A. .:. kg>;;,;;;. Fj?&: .; U, &&A,. ' . , . @'. . .: ". :,cy ;; E . &: ', .I. ., " . @&:- is_ -<.*; A' :.TI% ... x ::s:q++. " 'tik pq...?% *I *$.:. ,:- '' ;f"v"" *;y.. I. - !f<y.,.. >:&& ., , ' p. .:!:: . .. 't. . .:,'j~.A..- I .._ ,yi '?,<.< ' . " e Chapter 5.04 LICENSING BUSINESSES GENERALLY sections: 5.04.010 ' Definitions. - . . 5.04.020 License required. 5.04.030 Violations. #- 5.04.040 License nontransferable except for changed location, 5.04.050 Duplicate licenses. . .. 5.04.060 Separate license for each place .' of business. 5.04.070 posting and display of lice-. 5.04.080 Exemptions. 5.04.085 Canstihtiod appo&onment. . 5.04.090 Appeals to council. 5.04.100 Uniawfui operation or nuisance: 5.04.1 10 Vested rights. 5.04.120 , . Re€d to issue to hazardous businesseS"Appe91, 5.04.130 Adjustments. .. 5.04.140 permits or franchises 'h lieu of'' prescribed licenses. - 5.04.010 Detinitions. 2; L': . ' . ' As used in this title the following words and phrases shall have the following meanings: (1) "Byiness" includes .professions, trades, occupations and aiI and every kind of calling whether ornot carried on for profit; . .. . (2) "Gross receipts" includes the total amount of the sale price of ali sales aid the totaL amount charged or received for the ~erfoxmance of any act or seMce, of whatever nature it may be, for which a charge is made or credit ailowed, whether or not such act or seMe is done as part of oi in connection with the de of mate- goods, wares or merchandise. Inciuded in gross receipts shall be all receipts, cash, credits, and property of any kind or nature without any deduction therefkom on account of the cost of the property sold, the cost of the materiais used, , labor or service costs, interest paid or payable, or losses or other expenses whatsoever. Gross .' receipts shall also include all receipts from cain operated vending machines. Excluded from grossreceiptsshailbecashdiscountsallowedand taken. on des; any tax required by law to be included in or added to the purchase price and coilected from the customer or purchase^ such part of the sale price.of property returned by purchas@rs upon.recission of the contract &de asisrefimdedeitherincashorbycredi~and amounts collected for others where the bushes is acting as an agent or trustee to the extent thai kh'amounts are paid to those for whom Col. lected. (Ord. 6049 $1,1973: Ord. 6040 9 6,1967) 5.04.020 fi&'requird .. ." : :. .. ,. . . .. -. . ~ .. . There are imposed upon persons engaged h ' therspecifikd businesses in this title, within thc city limits,.license taxes in the amounts here! inafter.prescribeci..The license tax shaU be dut and pawie before the commencement of an1 .-new business and.deiinquent on and after thc thirty-first. day after commencement of a nev business. Rr all previously licensed busin- the.licensetax shail be due and payable annuaiI! ~nadvanceonthe~dayofthemonthinwhicf . thebushesswasoriginailyestablishedanddeiin ,.i quent on the tenth day of the following month. Ii . the- ev~ 'license ta: .. ,.'before itbecomes deiinquent, his tax shali the1 awbeed by a pew .:.:$wenty-fiveuercent of the license tax and there ;: 'afterindoriemxen toerdayforeachaddi tiod deiinquent day; provided however, . . .. r tha .. the amount o&Kautomatic ix~crease ovk ti~ . . usUaltaxShallin:no.event exceed fifty percent a "~'theamountoftheusualIicensetaxdue.Nothin .contained. in tdis. section shall be CoIlStlUed'a .' .permitlingthe operation of a business which i ., .I . intended to be operated for oniy a limitedpena T of-time- and on: a nonpermanent basis, such a athietic events,. camivak, etc., without havin first- obtained a business license so to do. E% such license. shail show the number of SUC. lice% the perid- of time covered thereby, tfi name: of the person to whom issued, and th '> .. .L' . . .. 113 , \ "."". "". + 0 5.04.020 - location or place where such business is to be commenced or conducted, and upon a detach- able portion of such license, shall also show the number of such license and the amount of the fee paid therefor. No error or mistake on the part of the license collector or any other person in the determination, stating or collection of the amount of any license tax 'shall prevent or preju- dice the coiledion by or for the city of what shall be actually due from anyone commencing or conducting any business subject to a license tax, nor shall the issuance of any license under this title authorize the commencing or conducting of any business in any zone, district or location within the city, contrary to the provisions of any zoning or other ordinance of the city. Applications on forms prescribed by the license collector shall be filed annually by each licensee before the issuance of a license. Any e - provided in this title, any of the information required to be furnished hereunder to the license collector for purposes of determining the correct tax to be collected. (Ord. 6073 0 1, 1983; Ord. 6061 0 1 (part), 1980; Ord. 6049 0 2, 1973: Ord. 6040 8 2, 1967) I 8 .. 5.04.030 Yioiations. It is unlawfid for any person to conduct ~IIY business within the city without first having obtained from the city a license so to do, and each day or portion thereof of conduct of such busi- ness constitutes a separate violation of this title. It is unlawful for any person my to make any false statement or representation for the pur- PO& of obtaining a business license pursuant to the provisions of this title. (Ord. 6040 $3,1967) person intending to engage in the business of owning, renting, leasing, operating, maintaining or servicing coin operated vending machines shall include with the application a list of the number, type and location of such machines. For the purposes of determining the correct tax to be collected, the license collector may at any time require a licensee to furnish his books of account and records for inspection and audit and may require the production of other documents and information A garding the business as autho- ked by law. Refusal by a licensee or applicant to furnish such books of account and records upon request therefor by the. license collector. shall automatically revoke any then existing business license, and shall require the license collector to refuse to issue any further business licenses to the person so qfbsing. Any and all books of account and records fidshed pursuant hereto, and any and all statements. made by a. licensee for the purpose of obtaining a business license shall be confidential in character and shall not be subject to public inspection or disciosure, except in the proper proceedings before the city council or a competent court or tribunal. It is unlawful for any person to cause to be disclosed, except as 5.04.040 License nontransferable except for changed location. No license issued pursuant to this title shall be transferable; provided, that where a license is on a business at a particular place, such licensee may upon application therefor and the paying a fee of one dollar have the license amended to authorize the transacting and carrying on of such business under the license at some other location to which the business is or is to be moved. (Ord. 6040 0 4,1967) issued authorizing a person to transact and carry ;, . i . .. 5.04.050 Duplicate licenses. Upon receipt of an &davit filed in the office of the license collector, by or on behalf of any licensee, stating that any license has been lost or destroyed, the license collector shall issue a duplicate of such license to the licensee therein named. A charge of one dollar shall be made for each such duplicate license issued, which sum shall be paid into the treasury of the city to the credit of the general fund. (Ord. 6061 9 1 (part), 1980; Ord. 6040 0 5, 1967) I. . . I. 114 (c