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Home My WebLink AboutNS-920ORDINANCE NS-920 ADDING CHAPTE~ 2 TO ARTICLE VI OF THE SANTA ANA MUNICIPAL CODE TO PROVIDE FOR THE ESTABLISHMENT OF A BUSINESS PROMOTION DISTRICT AND TO ESTABLISH THE P~ATE OF TAXATION FOR BUSINESSES THEREIN WHEREAS, heretofore, on May 20, 1968, the City Council of the City of Santa Ana adopted Resolution 68-83 declaring its intention to establish a Business Promotion District within the City of Santa Ana, which said Resolution was regularly published and mailed as required by law and gave notice of hearing on said matter, which hearing was regularly held on June 3, 1968; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That for the purpose of establishing a Business Promotion District within the City of Santa Ana and to establish the rate of taxation for businesses therein, the Santa Aha Municipal Code is hereby amended by adding Chapter 2 to Article VI thereof to read in words and figures as follows: CHAPTER 2 - BUSINESS PROMOTION DISTRICT Part 1 - General Provisions SECTION 6200. Downtown Business Promotion District: Purpose. For the purpose of providing revenues to be expended for the benefit of the geographical area hereinafter described for the purpose of its general promotion and improvement, there is hereby established the "DOWNTOWN BUSINESS PROMOTION DISTRICT". SECTION 6201. Boundaries. The area within which said "Downtown Business Promotion District" is established is as shown on a map entitled "DoWntown Business Promotion District", a copy of which is on file in the office of the Clerk of the Council, which area is more specifically described as follows: Beginning at the intersection of the center line of First Street, 70.00 feet wide, with the center line of French Street, 60.00 feet wide; thence Northerly along the center line of French Street to the intersection of the center line of Sixth Street, 60.00 feet wide; thence Westerly along the center line of Sixth Street to the intersection of the center line of Birch Street, 60.00 feet wide; thence continuing along the center line of Sixth Street a distance of 80.00 feet to the beginning of a tangent curve concave Southeasterly and having a radius of 352.00 feet; thence Southwesterly along said curve through a central angle of 40° 52' 51", an arc distance of 251.15 feet to a tangent line; thence Southwesterly along said tangent curve concave Northwesterly and having a radius of 800.00 feet; thence Southwesterly along said curve to the inter- section of the center line of Van Ness Avenue, 60.00 feet wide; thence Southerly along the center line of Van Ness Avenue to the intersection of the center line of First Street, 60.00 feet wide; thence Easterly along the center line of First Street to the point of beginning. -1- SECTION 6202. Uses and Purposes of Revenue. The uses and purposes to which the additional revenue emanating from said District pursuant to and as a result of this Chapter shall be put are any one or more of the following: a. The acquisition, construction, or maintenance of parking facilities for the benefit of the District; b. Decoration of any public place in the District; c. Promotion of public events which are to take place on or in public places in the District; d. Furnishing of music in any public place in the District; and e. The general promotion of business activities in the District. SECTION 6202.1. Condemnation Not Authorized. The provisions of this Chapter confer no authority upon the Downtown Business Promotion District created hereby to acquire property, real or personal, by eminent domain. SECTION 6203. Business Classification and Rate of Levy. The initial rate of increase or the additional levy of the general business license tax imposed upon the businesses within said District and the breakdown by class of business are hereby fixed, levied, determined, and established as follows: CLASSIFICATION OF BUSINESSES CLASS A: Ail businesses classified under Section 6131.(a) of this Article, excepting therefrom automobile retail sales, automotive parts and sales, and automotive service of any nature whatsoever. AMOUNT OF ADDITIONAL TA~ An additional tax equal to three (3) times the City business license tax applicable to such business. CLASS B: Ail other businesses of any nature whatsoever required to pay business licenses under this Article. An additional tax equal to the city business license tax applicable to such business. CLASS C: If any business taxable hereunder falls into both Class A and Class B, it shall pay tax upon the Class A business at the same rate as provided in Class A and shall pay tax on Class B business at the rate provided for Class B businesses. CLASS D: Any business, person, or institution located within the Business Promotion District which is exempt from the payment of a business license tax by reason of the State Constitution or any State or Federal law is not taxed under this Chapter, but may make a voluntary contribution in lieu of the tax imposed hereunder. -2- SECTION 6204. Payment of Tax. The additional tax hereby levied shall be due and payable and shall be paid as hereinafter provided, as follows: In the event this Chapter becomes effective prior to January 1, 1969, the tax imposed or levied hereunder for that portion of the year preceding said date shall be calculated by prorating the annual rate for the actual portion of the year remaining. The tax imposed by reason of this Chapter shall be a charge against all affected businesses from the effective date of this Chapter. The tax for the period of time measured from the effective date of this Chapter to December 31st of the same year shall be billed as soon as practicable following said effective date and shall be payable within thirty (30) days from said date of billing. The prorated tax for this period shall be calculated by multiplying the number of complete months remaining in the calendar year by ten percent (10%) of the annual tax. Notwithstanding the provisions of Section 6122 of Chapter 1 of this Article, businesses in the area described in Section 6201 of this Chapter and licensed by the City pursuant to said Chapter 1 may pay the additional levy of the general business license tax imposed by this Chapter in two (2) equal installments. The first installment shall be paid con- currently with the payment of the business license tax imposed by Chapter 1 of this Article; the second installment shall be paid on or before July let of each year. This Section shall apply only to the additional levy of the general business license tax imposed by this Chapter. Any business license that may have been issued to a business electing to pay the additional tax levied under this Chapter in installments shall automatically become void and of no effect at such time as an installment of the additional tax levied by this Chapter is not paid when due. SECTION 6205. Applicability of General Business License Provisions. The provisions of Sections 6110., 6110.1., 6116., 6116.1., 6116.2., 6116.3., 6116.31., 6116.4., 6116.5., 6117., 6122., 6122.1., 6124.1., 6124.2., 6124.3., 6124.4., 6125., 6125.1., 6125.2., 6125.3., and 6126. of Chapter 1 of this Article shall be applicable to all businesses in the area described in Section 6201. and subject to the additional levy of the general business license tax imposed by Section 6203. of this Chapter. SECTION 6206. Payment Requisite to License. No business license shall be issued pursuant to this Article unless the additional business license tax imposed by this Chapter is paid together with the business license payable pursuant to and imposed by Chapter 1 of this Article. SECTION 6207. Refusal to Pay. No person shall fail or refuse to pay the additional business license tax imposed by this Chapter. SECTION 2: That this Ordinance shall take effect thirty days from and after the date of its adoption. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the 17th day/~~ ATTEST: CLERK OF THE COUNCIL -3- STATE OF CALIFOI{NIA) COUNTY OF ORANGE ) CITY OF SANTA ANA ) SS I, DORIS M. BROWN, do hereby certify that I am the Clerk of the Council of the City of Santa Aha, California; that the foregoing Ordinance was introduced at a regular meeting of the City Council of said City held on the 3rd day of June, 1968, and was again considered by said Council at its regular meeting held on the 17th day of June, 1968, and at said meeting was passed and adopted by the following vote, to wit: AYES, NOES, COUNCILMEN: Herrin, Brooks, Carlson~ Thurman, McMichael COUNCILMEN: None Grise% Markel, ABSENT, COUNCILMEN: None CLERK OF THE COUNCIL -4-