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HomeMy WebLinkAboutOrd 904-1982ORDINANCE NO. 904-82 AN ORDINANCE ADDING SECTION 6.16.047, REPEALING SECTION 6.16.180 AND AMENDING SECTIONS 6.04.180 AND 6.12.140 OF THE SOUTH FRANCISCO MUNICIPAL CODE AND REPEALING SECTIONS 4.21, 4.21.1 AND 4.21.2 AND AMENDING SECTIONS 2.15 AND 3.12 OF ORDINANCE NO. 720 OFFICIALLY KNOWN AS "THE SOUTH SAN FRANCISCO BUSINESS LICENSE ORDINANCE." THE CITY COUNCIL OF THE CITY OF SOUTH SAN F°A~nT~CO DOES ORDAIN AS FOLLOWS: SECTION 1. SECTION 6.04.180 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND SECTION 2.15 OF ORDINANCE NO. 720 AMENDED Section 6.04.180 of the South San Francisco Municipal Code and Section 2.15 of Ordinance No. 720 are hereby amended to read as follows: "6.04.180 Penalty for Violations. A. Any person committing or omitting an act which violates any of the provisions of this Chapter or Chapters 6.08 through 6.16 of this Code is guilty of a misdemeanor. B. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Chapter or Chapters.6.08 through 6.16 of this Code occurs by commission or omission, or is continued or permitted by any such person. SECTION 2. SECTION 6.12.140 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND SECTION 3.12 OF ORDINANCE NO. 720 AMENDED Section 6.12.140 of the South San Francisco Municipal Code and Section 3.12 of Ordinance No. 720 are hereby amended to read as follows: -1- Illl I 11 [! i 1 "6.12.140 Payment due date--Exceptions--Proration. A. Unless otherwise specifically provided, all annual license taxes, under the provisions of this chapter and Chapters 6.04, 6.08, and 6.16, shall be due and payable in advance on the first day of January of each year, provided that license taxes covering new opera- tions, commenced after the first day of January may be prorated as follows: 1. A business commenced more than three months after the beginning of the calendar year, and less than six months after the beginning of the calendar year, three-fourths of the annual license tax shall be paid; and 2. A business commenced more than six months after the beginning of the calendar year, and more than three months before the end of the calendar year, one-half of the license tax shall be paid; and 3. A business commenced more than nine months after the beginning of the calendar year, one-fourth of the license tax shall be paid. B. If the amount of the license tax to be paid is measured by gross receipts, the license tax shall be due and payable quarterly in advance on January 1, April 1, July 1 and October I of each calendar year. Notwithstanding the foregoing, licenses issued to businesses paying a tax measured by gross receipts shall be valid for the entire calendar year and shall be renewed by said businesses annually on January I of each year. C. Taxes for other licenses shall be due and payable as set forth in this chapter and Chapters 6.04, 6.08, and 6.16. SECTION 3. SECTION 6.16.047 ADDED TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE. Section 6.16.047 is hereby added to the South San Francisco Municipal Code and shall read as follows: "6.16.047 Commercial Parking Facility A. Commercial Parking Facility Defined. "Commercial Parking Facility" means any privately owned or operated facility which pro,ti- des, for any form of consideration, parking or storage for mo~er vehicles, motorcycles, trailers, bicycles or other similar means of conveyance for passengers or property. B. "Operator" means any person who, as owner, lessee, employee, agent, or otherwise operates, maintains, manages, keeps, permits or allows to be operated, maintained, managed or kept any commercial parking facility in or upon any premises owned, leased, managed, operated or controlled by such person within the City. C. The license tax payable by operator shall be four percent (4%) of the gross receipts without deduction therefrom. D. This section shall become operative and the tax set forth herein shall be imposed on January 1, 1983." SECTION 4. SECTION 6.16.180 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND SECTIONS 4.21, 4.21.1 AND 4.21.2 OF ORDINANCE NO. 720 REPEALED. Section 6.16.180 of the South San Francisco Municipal Code and Sections 4.21, 4.21.1 and 4.21.2 of Ordinance No. 720 are hereby repealed. SECTION 5. SEVERABILITY. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. l The City Council of the City of South San -3= Francisco hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the'fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION 6. EFFECTIVE DATE AND PUBLICATION. This Ordinance, inasmuch as it provides for a tax levy for the usual and current expenses of the City shall be effective immediately upon adoption. This Ordinance shall be published once in the "Enterprise-Journal", a newspaper of general circulation in the City of South San Francisco, as required by law. Introduced this 18th day of August , 1982. Passed and adopted as an Ordinance of the City Council of South San Francisco at a regular the City of South San Francisco this 1982 by the following vote: AYES: meeting of the City Council of 1st day of September Councilmembers Mark N. Addiego, Emanuele N. Damonte, Gus Nicolopulos~ and Roberta Cerri Te~lia NOES: None ABSENT: Councilmember Ronald G. Acosta As Mayor of the City of South San Francisco, I do hel~eby approve the foregoing Ordinance this 1st day of September , 1982. -4-