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Proposed Ballot Measure to Restructure Business License Tax Code <br />May 17, 2022 <br />Page 5 <br />and (2) licensed businesses who are past due for the current year or who <br />have been under -assessed may come current with their tax obligations <br />without penalty. Staff recommends that the Tax Holiday Program be for a <br />period of not less than 12 months. Staff also recommends that the <br />commencement and conclusion of the flexible Tax Holiday Program be at <br />the administrative discretion of the City Manager. In exercising this <br />discretion, Staff recommends that the program conform to the differing tax <br />periods reflecting participating businesses' underlying business license tax <br />assessment categories. <br />III. Phase Three is an optional Reconciliation Ordinance, to be adopted after the <br />approval by Santa Ana voters of the proposed Voter Ballot Measure, which would <br />act to comprehensively reconcile the procedural processes of the Business <br />License Tax Code to successfully administratively implement Phase Two <br />(Approved Voter Ballot Measure). <br />Annual Cost Price Index ("CPI") adjustment of gross receipts tax rates will cease with the <br />adoption of the proposed of proportional rates. However, annual CPI adjustment of the <br />minimum basic gross receipts tax rate amount, application and renewal processing <br />charges, and other miscellaneous charges, together with flat rates, and In Lieu Deposit <br />amounts, qualifying threshold amounts will continue as these rates, charges, and <br />amounts will otherwise erode in value over time due to the effect of inflation. Proportional <br />rates do not require adjustment as they rise and fall with the volume of business done <br />and so naturally account for inflationary/deflationary effects. Flat rate tax assessments <br />are recommended to continue for business types where long standing customary industry <br />practice and ease of customer compliance and City administration warrant; e.g. state - <br />license contractors, residential rentals, home occupations, free-lance independent <br />contractors, etc. Certain of these flat rates are proposed to be adjusted for various <br />individual occupational categories where the prior cumulative CPI rate adjustment was <br />effectively overstated and ultimately not in keeping with a correspondingly increased <br />business revenue or personal income. <br />Staff welcomes questions and discussion concerning these recommendations as well as <br />guidance and direction from City Council regarding staff's proposal for the following: (1) <br />A Voter Ballot Measure for the November 8, 2022 General Election to restructure non - <br />cannabis business license tax rates under SAMC Chapter 21; and (2) A flexible Tax <br />Holiday Program for unlicensed, past due, or under -assessed Santa Ana businesses. <br />ENVIRONMENTAL IMPACT <br />There is no environmental impact associated with this action. <br />City Council 37 — 5 5/17/2022 <br />