"Alcohol sales permit fee"
shall mean the annual fee to be collected from ABC licensees.
"ABC licensee"
shall mean any person or business licensed by the Department of Alcohol Beverage Control (ABC) license type numbers 20, 21, 23, 40, 41, 47, and 48 that was actively conducting business as of January 1 of each year. As used herein, ABC licensee shall not include any persons or businesses where at least 95 percent of the amount of their gross alcohol sales is via the telephone and/or internet for delivery to customers outside the incorporated limits of the City of Santa Rosa. In the case of multiple licenses, duplicate licenses, and catering licenses held by the same business, one fee shall be assessed for each licensed premises.
"Annual wholesale alcohol purchases"
shall mean the dollar amount of wholesale alcohol purchases by the ABC licensee for each licensed premises located in the City of Santa Rosa during the calendar year immediately prior to the billing date. In the event an ABC licensee makes or produces alcoholic beverages for sale at its own licensed premises within the City of Santa Rosa, the term "annual wholesale alcohol purchase" shall include the cost to make or produce the alcoholic beverages sold at its licensed premises within the City of Santa Rosa.
"Director"
shall mean the Director of Administrative Services or his or her designee.
(Ord. 3595 § 3, 2003; Ord. 3612 § 1, 2003)
There is imposed on each ABC licensee an alcohol sales permit fee for each licensed premises in the City of Santa Rosa where the ABC licensee sells alcohol, which fee shall be payable annually for a calendar year. The amount of the alcohol sales permit fee shall be based upon the annual wholesale alcohol purchases and shall be set forth by resolution adopted by the Council. The amount of such fee shall be adjusted as necessary to ensure that the revenues collected do not exceed the costs incurred by the City for alcohol regulation, enforcement, and education programs. The alcohol sales permit fee shall be non-refundable.
(Ord. 3595 § 3, 2003; Ord. 3612 § 2, 2003)
(A) 
Each ABC licensee shall file a sworn statement with the Director upon a form prescribed by the Director with the amount of wholesale alcohol purchases for the previous calendar year for each licensed premises where the ABC licensee sells alcohol. Such statements shall detail the amount of the alcohol sales permit fee being imposed based upon the reported annual wholesale alcohol purchases for the previous year. Such statement and the amount of the alcohol sales permit fee shall be filed with the Director no later than April 1 of each year.
(B) 
If any ABC licensee fails to file any required statement within the time prescribed, or after demand by the Director fails to file a corrected statement, the Director may determine the amount of the alcohol sale permit fee due from such person for each licensed premises on the basis of such information as the Director may obtain. The Director shall give notice of the amount due to the ABC licensee. Payment shall be made to the Director no later than 30 days from the date of the notice.
(C) 
Any ABC licensee who fails to remit the proper alcohol sales permit fee by the payment due date shall pay a delinquency penalty of 10 percent of the fee to be added to the fee monthly, or fraction thereof, up to a maximum of 20 percent of the annual alcohol sales permit fee.
(D) 
The amount of the alcohol sales permit fee and penalties imposed by this chapter shall be deemed a debt owed to the City. An action may be commenced on behalf of the City, in any court of competent jurisdiction, for the amount of the fee and penalties thereon.
(Ord. 3595 § 3, 2003)
Any ABC licensee aggrieved by the decision of the Director may appeal to the Council by filing a written appeal thereof with the City Clerk within 15 days after the mailing of the annual billing invoice. The Council shall hear the appeal within 45 days of the date of the filing of the appeal. The City Clerk shall give 15 days' notice to the person filing the appeal of the time and place of hearing by serving the notice personally or by depositing it in the United States Post Office at Santa Rosa, California, postage prepaid, addressed as shown on the appeal papers. The Council shall have the authority to determine all questions raised on such appeal. No such determination shall conflict with any substantive provision of this chapter.
(Ord. 3595 § 3, 2003)
The revenue raised by payment of the alcohol sales permit fee shall be placed in a separate account and such revenue shall be used solely for the purpose of funding alcohol regulation, enforcement and education programs to mitigate the adverse effects of alcohol sales.
(Ord. 3595 § 3, 2003)
All remedies prescribed under this chapter shall be cumulative and the use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof.
(Ord. 3595 § 3, 2003)