For the purposes of this Chapter the words hereinafter set forth
shall be given the respective meanings hereinafter in this Chapter
respectively ascribed to them, and shall be interpreted and construed
accordingly.
"Applicant" shall mean the person, firm, association or corporation
applying for a permit or license pursuant to the provisions of this
Chapter.
"Automobile dealer" shall mean any person engaged in conducting,
managing or carrying on the business of buying, selling, offering
to buy, or offering to sell, consigning to be sold, or otherwise dealing
in, used motor vehicles, as the term "motor vehicle" is defined in
the
Vehicle Code of the State of California.
"Auto wrecker" shall mean any person who buys or receives any
"motor vehicle," as defined in the California
Vehicle Code, for the
purpose of dismantling or disassembling, or who dismantles or disassembles,
any such motor vehicle for the purpose of reconditioning any other
vehicle, or for the purpose of selling or otherwise dealing in the
materials or parts of such vehicle.
"Beer bar" shall mean all places of business where beer, but
not distilled spirits, is sold or served to the public for consumption
on the premises; which place of business is not licensed by the Department
of Alcoholic Beverage Control as a bona fide public eating place,
as the same is defined in Sections 23038 and 23038.1 of the Business
and Professions Code of the State of California.
"Bona fide restaurant serving beer and/or wine" shall include
all places of Business Licensed by the Department of Alcoholic Beverage
Control as a bona fide public eating place, as the same is defined
in Sections 23038 and 23038.1 of the
Business and Professions Code
of the State of California, where beer and/or wine, but not distilled
spirits, are sold or served to the public for consumption on the premises.
"Bona Fide Restaurant Serving Distilled Spirits" shall include
all places of Business Licensed by the Department of Alcoholic Beverage
Control as a bona fide public eating place, as the same is defined
in Sections 23038 and 23038.1 of the
Business and Professions Code
of the State of California, where distilled spirits are sold or served
to the public for consumption on the premises.
"Business" shall include profession, trade, vocation, occupation
and all and every kind of calling carried on for gain or profit.
(Ord. 2113 7-7-72)
"Business License" shall mean an instrument issued by the City
based on an approved application submitted to the Permits and Licensing
Committee. The issuance of a Business License authorizes the applicant
to conduct business in the City provided that the applicant is in
compliance with any and all city, county, state or Federal laws or
regulatory requirements.
(Ord. 01-14 10-2-01)
"Business Tax Certificate" shall mean a certificate issued by
the Finance Department as evidence that a business has paid the required
taxes to conduct business in the city. A business tax certificate
is NOT a Business License and it shall not be construed as authorizing
the right to conduct or continue any business.
(Ord. 01-14 10-2-01)
"Buy-Form" shall designate the forms furnished by the Chief of Police to a licensee for the purpose of recording and furnishing by the licensee to the Chief of Police the information relative to purchases, pledges or consignments required by Section
8-73 of this Code.
"Camp Ground or Mobile Home Park" is defined to be any place,
area or tract of land upon which is located any camp car and/or trailer.
"Card Club" is defined as any place maintained, operated or
conducted for the principal purpose of furnishing a place where members
or guests, or other persons, play card games of any nature and where:
(1) A fee
is charged either as membership dues for admission to such place or
for the privilege of playing cards; or
(2) Any
collection or donation of money is made or received.
"Card School" shall mean any place maintained, operated or conducted
for the purpose of giving instructions for the playing of card games
of any type.
"CATV" shall mean a community antenna television system.
"Circus" shall mean and include any show or exhibition containing
acts or feats of horsemanship, trained animals, clowns, acrobatic
or trapeze performances or such other forms of skill or amusement
as are commonly given in rings and combinations of entertainment.
"Cocktail Bar" shall mean any place of business where distilled
spirits are sold or served to the public for consumption on the premises,
which place of business is not licensed by the Department of Alcoholic
Beverage Control as a bona fide public eating place as the same is
defined in Sections 23038 and 23038.1 of the Business and Professions
Code of the State of California.
"Committee" shall mean the "Permits and Licenses Committee."
"Community Antenna Television System" shall mean a system of
antenna, coaxial cables, wires, wave guides, or other conductors,
equipment or facilities designed, constructed or used for the purpose
of providing television or FM radio service by cable or through its
facilities as herein contemplated. CATV shall not mean or include
the transmission of any special program or event for which a separate
and distinct charge is made to the subscriber in the manner commonly
known and referred to as "pay television."
"Conduct" shall mean commence, conduct, transact, maintain,
prosecute, practice, operate and carry on.
"Contractor--General" shall mean a contractor in the business
of construction utilizing the services of two or more unrelated building
trades or crafts and licensed as a contractor by the State.
"Contractor--Speculative" shall mean a contractor in the business
of constructing buildings or structures on property owned or controlled
by him for the purpose of sale or disposition upon completion of construction
and licensed as a contractor by the State.
"Contractor--Sub or Specialty Contractor" shall mean a contractor
whose contracting business involves the use of specialized building
trades or crafts and is licensed as a contractor by the State.
"Dance Hall" shall include every public dancing club, dance
hall or ballroom operated within the City.
"Driver" shall mean any person in charge of, driving or operating
any vehicle defined as a taxicab herein either as an agent, employer
or otherwise.
"Established or Fixed Place of Business" shall mean the permanent
location of a business and such status will be accepted for those
businesses which by their nature or respective modes of operation
would be clearly classified as a "permanent business." In all cases,
the established or fixed place of business shall be proved by exhibition
of a bona fide written lease or rental agreement to the premises where
such business is to be conducted, such lease or rental agreement to
be for a minimum period of not less than three months.
"Figure Model" shall mean any person, male or female, who poses
to be observed, viewed, photographed or whose likeness is painted,
drawn, sculptured, sketched or otherwise similarly depicted by other
persons.
"General Services" shall mean and include any person engaged
in the business of offering to the public, services other than professional
services, for compensation, and shall include telephone services.
"Grantee" shall mean the person, firm or corporation to whom
or which a franchise, is granted by the Council under this Chapter,
and the lawful successor, transferee or assignee of said person, firm
or corporation.
A. "Gross
Receipts" shall mean:
(1) The
total amount of all sales or business transactions conducted in the
City with any other person or entity; and
(2) The
total amount received for the performance of any act or service in
the City, of whatever nature it may be, for which a charge is made
or credit allowed, whether or not such act or service is done as part
of or in connection with the sale of merchandise, wares or goods;
and
(3) A
business established outside of the City but maintaining a branch
office within the City, or doing business within the City through
an agent, broker or employee, shall report as gross receipts, its
total sales or receipts attributable to the local branch office, local
agent, broker or employee.
In the event separate sales or receipt records are not maintained
for such branch office, local agent, broker or employee or that the
business of said branch office, agent, broker or employee within the
City is that of performing essentially administrative functions in
connection with sales or services performed or rendered elsewhere,
the business tax shall be computed by applying the applicable gross
receipts tax to the amount which is three times the total annual cost
of maintaining said branch office, agent, broker or employee. Said
total cost of maintaining said local branch office, agent, broker
or employee, shall include but not be limited to wages, salaries,
commissions, bonuses, office rent, telephone, postage, utilities,
janitorial and other expenses allocated for maintenance of said branch
office, agent, broker or employee.
(4) All
other receipts, cash, credits, and property of any kind or nature
from business conducted in the City without any deduction therefrom
on account of the cost of property sold, the cost of materials used,
labor or service costs, interest paid or payable, losses or other
expenses; and
(5) Gross
receipts of general contractors or building contractors (speculative)
shall not include sums paid subcontractors of said general contractors
or building contractors, performing services within the City for such
contractors, provided such subcontractors have a valid business tax
certificate issued by the City.
(6) Gross
Annual Receipts (CATV grantee) shall mean any and all compensation
and other consideration in any form whatever and any contributing
grant or subsidy received directly or indirectly by a grantee from
subscribers or users in payment for television or FM radio signals
or service received within the City. Gross Annual Receipts shall not
include any taxes on services furnished by the grantee imposed directly
on any subscriber or user by any city, state or other governmental
unit and collected by the grantee for such governmental unit.
(7) Gross
receipts for real estate brokers or agents, travel agents, insurance
brokers, and bail bond brokers shall mean the total gross commissions
plus other fees and charges received for services.
(8) Gross
receipts for horse or livestock auctions shall include the total sale
price of each animal sold, excluding only sales and use taxes required
to be collected at the time of sale; and all other fees and charges
received by the auctioneer.
(9) Gross
receipts for the sale of motor vehicle fuels includes applicable Federal
and State taxes, except state and local sales taxes.
B. Excluded
from Gross Receipts shall be the following:
(1) Cash
discounts allowed and taken on sales.
(2) Any
tax required by law to be included in or added to the purchase price
and collected from the customer or purchaser.
(3) Such
part of the sale price of property returned by purchasers upon rescission
of the contract of sales as is refunded either in case or by credit.
(4) Amounts
collected for others where the business is acting as an agent or trustee
to the extent that such amounts are paid to those for whom collected,
provided the agent or trustee makes available to the Finance Director
for inspection the names and addresses of the persons for whom collection
is made and the amounts paid to them.
(5) Credit
allowed on property accepted as part of the purchase price and which
property may later be sold.
(6) Receipts
of refundable deposits, except that refundable deposits forfeited
and taken into income of the business shall not be excluded.
(7) As
to a real estate agent or broker, the sales price of real estate sold
for the account of other except that portion which represents commission
or other income to the agent or broker.
(Ord. 2450 9-13-83; Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
"Independent Contractor" shall mean a person who contracts with
another to do something for him but who is not controlled by the other
nor subject to the other's right to control with respect to his physical
conduct in the performance of the undertaking. He may or may not be
an agent.
(Ord. 01-14 10-2-01)
"Junk Collector" is a person not having a fixed place of business
in the City who goes from house to house, or from place to place,
gathering, collecting, buying, selling or otherwise dealing in any
old rags, sacks, bottles, cans, papers, metal (including gold or mercury)
or other articles commonly known as junk.
"Junk Dealer" is a person (not an auto wrecker) having a fixed
place of business in the City and engaged in conducting, managing
or carrying on the business of buying, selling or otherwise dealing
in, either at wholesale or retail, any old rags, sacks, bottles, cans,
papers, metal (including gold or mercury), or other articles known
as junk.
"License Collector" shall mean Finance Director.
(Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
"Manufacturing" shall mean the business of making, developing,
assembling or packaging of any machines, devices, articles, things,
commodities, goods, wares, merchandise, products, equipment, material
or substances for sale or distribution to the public either at wholesale
or retail.
"Minimum Entertainment" shall include any act, presentation,
or performance available to the customers of the premises for their
pleasure, amusement or benefit, including, but not limited to, live
performances, whether of a musical nature or otherwise, and motion
picture presentations, but not including entertainment provided by
the public airways or the television medium, or provided by coin operation
of a juke box; provided that no more than one individual entertainer
is engaged in such entertainment.
(Ord. 2450 9-13-83)
"Model Studio" shall mean any premises on which there is conducted
the business of furnishing figure models who pose for the purpose
of being observed or viewed by any person or being sketched, painted,
drawn, sculptured, photographed, or otherwise similarly depicted for
persons who pay a fee, or other consideration, or a gratuity, for
the right or opportunity so to depict the figure model, or for admission
to, or for permission to remain upon, or as a condition of remaining
upon the premises.
"Model Studio" shall also mean any premises where there is conducted
the business of providing or procuring for a fee or other consideration
or compensation or gratuity, figure models to be observed or viewed
by any person or to be sketched, painted, drawn, sculptured, photographed,
or otherwise similarly depicted.
The words "Model Studio" shall not be construed to include:
(a) Any
studio which is operated by any State College, or public Junior College
or school wherein the persons, firm, association, partnership, or
corporation operating it has met the requirements established in Division
21 of the
Education Code of the issuance or conferring of, and is
in fact authorized thereunder to issue and confer, a diploma or honorary
diploma; or
(b) Any
premises where there is conducted the business of furnishing, providing
or procuring figure models solely for any such institutional studio.
"Outdoor Restaurant" shall mean any place of business, which
sells or serves food products or beverages for consumption on the
premises where such place of business is located, and which provides
facilities for, or permits, consumption of such food products or beverages
on any portion of such premises not within a fully enclosed building.
"Pawn Broker" shall mean a person engaged in conducting, managing
or carrying on the business of pawn broking, or the business of lending
money for himself or any other person upon personal property, pawns
or pledges, or the business of purchasing articles of personal property
and reselling, or agreeing to sell such articles to the vendors of
their assignees at prices agreed upon at or before the time of such
purchase.
"Pawn Shop" is any room, store, building or other place in which
any business of a Pawn Broker is engaged in, carried on or conducted.
"Peddling" shall mean the sale of any goods, wares or merchandise
from house to house or from place to place within the City or offering
any goods, wares or merchandise for sale from any wagon, push cart
or other conveyance.
"Professional Services" shall mean any professional service
as that term is ordinarily and commonly used and understood, wherein
individuals are engaged in the business of offering to the public,
professional services for compensation shall include the services
rendered by any person engaged in the practice of law, architecture,
medicine, surgery, dentistry, accounting, collection agency, detective
agency, engineer, draftsman, mortuary, hospitals, escrow agency, travel
agency, insurance broker, employment agency, advertising agency, real
estate, chiropractics and optometry.
(Ord. 2450 9-13-83)
"Regular Entertainment" shall include the availability of dancing
facilities for use by customers of the premises, or any act, presentation
or performance available to the customers of the premises for their
pleasure, amusement or benefit, including, but not limited to, live
performances, whether of a musical nature or otherwise, and motion
picture presentations but not including entertainment provided by
the public airways of the television medium; provided that more than
one individual entertainer is engaged in such entertainment.
Whenever any person, whether as the owner or agent for the owner,
rents, leases or has available for rent or lease, one or more residential
units, such person shall be deemed to be in the residential rental
business.
(Ord. 91-16 7-2-91)
Whenever any person, partnership or other association, whether
as the owner or agent for the owner, rents, leases or has available
for rent or lease one or more commercial buildings, industrial buildings,
offices or office buildings, trailer courts, trailer parks, land or
vacant lots, whether at one or multiple locations, such person, partnership
or association shall be deemed to be in the commercial rental business.
"Rock," Hard Rock," or "Rock and Roll Music" is defined as a
style of popular music that derives in part from the blues and folk
music and is marked by a heavily accented beat (usually electronically
amplified) and with a simple repetitious phrase structure.
"Second Hand Dealer" shall mean a person (other than a used
car dealer or dealer in second hand books or magazines) engaged in
conducting, managing or carrying on a business of buying, selling
or otherwise dealing in second hand goods or merchandise.
"Social Card Club Room" shall mean any room, rooms or premises
in which there is conducted any amusement, recreational or social
activity of any kind or description, and, for the privilege of engaging
in or during the course of participation in such activities, any money
or thing of value or any check, or counter in lieu of money shall
be paid to or received by the person operating, carrying on, conducting
or maintaining said room, rooms or premises, or where memberships
are sold for the privilege of engaging in such activities, or where
any monetary benefits derived from such activities inures to the benefit
of any share holder, member or organization.
"Solicitor or Canvasser" shall mean any person who goes from
residence to residence in the City for the purpose of selling or taking
orders for any property, goods or services, and shall include any
person who is telephoning in the City for such purposes.
"Stand" shall mean a place designated by the City Council for
the use, while awaiting employment, of any taxi cab.
"Square Footage" shall mean all of the space at the business
location designed for use by or contributing to serving the customers
of the business concerned regardless of use, except that space occupied
by amusement machines, cigarette vending machines or other vending
or coin-operated devices for which a Business License fee is paid
in the City.
"Street" shall mean the surface of and the space above and below
any public street, road, highway, freeway, lane, path, alley, court,
sidewalk, parkway or drive, now or hereafter existing as such within
the City.
"Taxicab" shall mean every automobile or motor propelled vehicle
of a distinctive color, such as is in common usage in this country
for taxicabs, equipped with a taximeter, used for transportation for
hire over the streets of the City, and not over a definite route,
irrespective of whether the operations extend beyond the boundary
limits of the City, at rates for distance traveled, or for waiting
time, or for both, and which vehicle is routed under the direction
of such passenger or person hiring the same.
"Taximeter" shall mean a mechanical instrument or device by
which the charge for hire of a passenger-carrying vehicle is mechanically
calculated, either for distance traveled or for waiting time, or both,
which charges shall be indicated by means of figures.
"Vehicle" shall mean every device in, upon or by which any person
or property is or may be transported or drawn on a public highway,
street or public way, excepting devices moved by human power or used
exclusively upon stationary rails or tracks.
"Wheelchair Bus" shall mean a vehicle capable of transporting
a person while seated in a wheelchair.
"Wholesale Sales" shall mean the sale of goods, wares or merchandise
for the purpose of resale and there is no sale to the ultimate consumer.
"Person" shall mean an individual, partnership, joint venture
or corporation.
(Ord. 2450 9-13-83)
It shall be unlawful for any person to commence or conduct any
business in the City without first having procured a business tax
certificate from the City so to do and paying the tax prescribed or
without complying with any and all applicable provisions of this or
any other ordinance of the City now existing or which may hereafter
be adopted by the City Council and which refers to such business.
Any person who carries on any business without first having
obtained and paid for the required tax certificate shall pay a penalty
of twenty percent of the prescribed tax; an additional ten percent
penalty shall be added on the first day of each calendar month thereafter
after a citation shall have been issued to such person directing him
to appear at the Office of the City License Collector and until the
appropriate tax application is filed and tax paid, except that the
total amount of penalty added shall in no event exceed fifty percent
of the amount of tax due. Such penalty shall be collected and the
payment thereof shall be enforced in the same manner as other business
taxes are collected and payment enforced.
The amount of any business tax imposed by this Chapter shall
be deemed a debt to the City, and it shall be a misdemeanor for any
person to carry on any business without having satisfied the tax liability
therefor. Such person shall be subject to any action in the name of
the City in any court of competent jurisdiction for collection of
the amount of business tax due.
The conviction and punishment of any person for carrying on
any business without a tax certificate shall not excuse or exempt
such person from the payment of such business tax due or unpaid at
the time of such conviction.
The business tax services to raise revenue for the City and
is not regulatory. No business tax certificate issued under the provisions
of this ordinance shall be construed as authorizing the conduct or
continuance of any business.
(Ord. 2225 6-24-75)
It shall be unlawful to commence or conduct any business in
the City of Inglewood that requires the issuance of a business license
without first having possessed and currently holding in good standing
a business license issued by the City of Inglewood. Any business that
requires permits and license approval must obtain a business license.
(A) Obtaining
a Business License. To obtain a business license the applicant shall
first meet the following requirements:
(1) Comply with all current City zoning requirements, or be permitted to waive this requirement under the legally non-conforming use provisions of Section
12-60 of the Inglewood Municipal Code.
(2) Submit an application to the Finance Department along with the required fee pursuant to Section
8-36 of the Inglewood Municipal Code.
(3) Obtain
written approval from the Permits and Licenses Committee after a noticed
public hearing before said Committee. Said Committee shall be granted
the authority to place reasonable conditions on the approval of the
applicants request.
(4) Obtain
a Special Use Permit from the Planning Commission when required by
City ordinance, if not previously issued; or if due to an expansion
or modification in the scope of the originally granted Special Use
Permit, additional conditions should be considered by the Planning
Commission in the opinion of the Permits and Licenses Committee at
the time of its review of the initial or renewal application.
(5) Obtain
a Building Permit when required by City Ordinance, if not previously
issued; or if any significant changes to the building are to be made
due to the proposed use.
(6) Obtain,
possess, and hold in good standing any and all required permits or
licenses, including, but not limited to, those required by the City,
County, Federal Government or their regulatory agencies.
(7) Comply
with any and all applicable provisions of this or any other ordinance
of the City now existing or which may hereafter be adopted by the
City Council and which refers to such business.
(8) Pay
all necessary taxes, permit fees, and any reasonable investigative
costs when required by the City.
Upon meeting each of the requirements set forth above, a business
license shall be issued by the Finance Department.
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(B) Renewal of Business Licenses. All business licenses shall be renewed on the first day of January of each year. Renewal applications, along with the required fee, shall be submitted to the Finance Department not later than the first day of November of each year. Except as provided in this subsection
(B) all applicants for renewal of a business license shall meet all of the requirements of this Section.
The applicant for all renewals of a business license shall specifically
state on his/her submitted application if: (1) there has been any
change of the use of the establishment from that stated on the last
submitted application; (2) if there has been any change of the structure
since the last stated submitted application; (3) if there is any anticipated
change of use of the establishment during the next year; if (4) there
is any anticipated change in the structure during the next year; or
(5) if there has been any criminal arrest, allegations of code violations,
failure to follow any of the conditions of the Permits and Licenses
Committee or of a Special Use Permit or other circumstances at the
location during the past year that might suggest a potential detriment
to the community or the patrons of the business. Failure to submit
timely information regarding the above topics may be grounds for denying
the renewal of the applicants business license.
The Permits and Licenses Committee may waive any requirement
for a fee deposit in excess of $500 if the Committee Members find
that there have been no significant problems at the applicant's business
or other relevant business in the past year and therefore the investigative
costs are not likely to be substantial.
(Ord. 01-14 10-2-01; Ord. 02-21 6-11-02)
A separate tax certificate and/or Business License must be obtained
for each branch establishment or separate place of business. Each
certificate and/or Business License shall identify the type of business
certified or licensed at the location. A person conducting the same
business from more than one location may elect to combine the gross
receipts of all locations and report said receipts as the basis for
the business tax at one designated master location, and shall then
pay a branch registration fee of $15 for each additional location.
(Ord. 2450 9-13-83; Ord. 01-14 10-2-01)
Whenever any person shall, by use of signs, circulars, cards
or any other advertising media, hold himself out as, or represent
that he is, doing business in the City, then these facts may be used
as evidence that such person is doing business in the City.
A certificate shall be issued but the provisions of this Chapter
shall not be deemed or construed to require the payment of a business
tax:
(1) For conducting
any business by any institution or organization which is conducted,
managed or carried on wholly for charitable purposes and from which
profit is not derived, either directly or indirectly by any person.
(2) For conducting
any entertainment, concert, exhibition, or lecture on scientific,
historical, literary, religious, or moral subjects, whenever the receipts
thereof are to be distributed to any church or school or to any religious
or benevolent purpose within the City.
(3) For conducting
any entertainment, dance, concert, exhibition or lecture by any religious,
charitable, fraternal, educational, military, state, county, or municipal
organization or association whenever the receipts thereof are to be
for the purpose and objects for which such organization or association
was formed, and from which profit is not derived either directly or
indirectly by any person.
(4) By any
business which is exempt from payment of the business tax to municipal
corporations under, on account, or by virtue of the provisions of
the constitution or laws of the United States of America or of the
State of California. Gross receipts from sales of alcoholic beverages
are exempt from the business tax.
(5) By persons
honorably discharged or honorably relieved from any of the Armed Forces
of the United States of America, who are physically unable to obtain
a livelihood by manual labor. Such persons shall be permitted to lawfully
hawk, peddle or vend any goods, wares or merchandise (not prohibited
by law) owned by him except spiritous, malt, vinous or other intoxicating
liquor, without payment of any business tax whatsoever, and the City
shall issue to the veteran without cost a business tax certificate,
provided that the applicant as proof of his right to said exemption
exhibited to the Finance Director or his or her representative, a
certificate of honorable discharge from any of the Armed Services
of the United States, a certificate of medical disability connected
with such armed service, and two clear prints of a photograph of the
applicant taken within the two year period immediately preceding the
date of the application. The exemption applies to the veteran personally
and shall not apply to a distributing or other business conducted
by such veteran in which others are employed. Nothing in this Section
shall be deemed to exempt any person, institution, organization or
business from complying with the provisions of this code requiring
a permit from the Council or proper board or officer to conduct, manage,
or carry on any such lecture, entertainment, dance, concert, exhibition,
show or business.
(6) By any
person furnishing full or part time day care service to not more than
six children.
(Ord. 2036 9-18-70; Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
Every person required to have a business tax certificate under
the provisions of this ordinance shall register for a certificate
with the Finance Director. The Registration Form shall contain:
(1) Name,
home address, and home phone number of person or persons registering.
(2) Name and
type of business, business phone number.
(3) The address
where the business will be transacted or carried on.
(4) Information
on gross receipts and such other information as may be necessary to
issue the type of certificate required.
A person starting a new business or taking over an established
business shall estimate the amount of gross receipts or other measure
of tax due until he has been in business for one full calendar year.
Such estimate shall be used in determining the amount of business
tax to be paid by the registrant provided, however, the amount of
business tax so determined shall be tentative only, and such person
shall within sixty days after the expiration of the period for which
the certificate was issued, furnish the Finance Director with a statement
upon a form prescribed by him showing the actual gross receipts for
the business during the period of the certificate. The correct business
tax for the period shall then be ascertained and paid after deducting
from the payment found to be due, that amount paid at the time the
certificate was first issued.
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(Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
In all cases, the registrant for renewal of a certificate shall
submit to the Finance Director for his or her guidance in ascertaining
the amount of business tax to be paid, a sworn statement in the form
prescribed by the Finance Director, setting forth such information
concerning the business conducted by the registrant during the preceding
year as may be reasonably required by the Finance Director to ascertain
the amount of tax to be paid upon renewal, such statement to be submitted
in advance for daily flat rate taxes, not later than January 31 for
annual flat rate taxes, and not later than the last day of February
for taxes computed on gross receipts.
(Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
A business tax certificate and a Business License issued under
the provisions of this Chapter shall contain the following information:
(1) Name of
the person to whom the certificate or license is issued.
(2) Name and
type of business certified or licensed.
(3) The place
where such business is to be transacted and carried on.
(4) The date
of expiration of such certificate or license.
(5) Such other
information as may be necessary for the enforcement of the provisions
of this Chapter.
(Ord. 01-14 10-2-01)
No statement shall be conclusive as to matters set forth therein,
nor shall the filing of the same preclude the City from collecting
by appropriate action such sum as is actually due and payable. The
statement required and each of the several items therein contained
are subject to audit and verification by the Finance Director or his
or her authorized representatives who are hereby authorized to examine,
audit, and inspect such books and records of any business or registrant
for a certificate, to certify or ascertain the amount of business
tax due. The information furnished or secured pursuant to this ordinance
shall be confidential and any unwarranted disclosure or use of such
information by any officer or employee of the City shall constitute
a misdemeanor.
(Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
If any person fails to file any statement within the time prescribed,
or if after demand therefor made by the Finance Director, he or she
fails to file a corrected statement, the Finance Director may elect
to determine the amount of business tax due without such statement.
In case such a determination is made, the Finance Director shall give
notice of the amount so assessed by serving it personally or by depositing
it in the Post Office at Inglewood, California, postage prepaid, addressed
to the person so assessed at his last known address. Such person may,
within ten days after the mailing or serving of such notice make a
request in writing to the Finance Director for a hearing on the amount
of business tax assessed. If such a hearing is held and the applicant
is not satisfied with the results, the applicant may appeal to the
City Council within ten calendar days of notification of the results
of the hearing.
(Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
Any person aggrieved with respect to the assessment of a business
tax may appeal to the Council by filing a notice of appeal with the
Finance Director. The Finance Director shall request the City Clerk
to calendar the matter for hearing by the Council not less than ten
days thereafter. The Clerk shall give notice to such person of the
time and place of hearing by serving it personally or by depositing
it in the Post Office at Inglewood, California, postage prepaid, addressed
to such person at his last known mailing address. The Council shall
hear the applicant and then make a decision in the matter which shall
be final.
(Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
The Finance Director may for good cause shown, prior to the
due date, extend the time for filing any required sworn statement
for a period not exceeding thirty days, and in such case waive any
penalty that would otherwise have accrued. The penalties provided
in this ordinance shall not apply until after the expiration of the
extended period; provided, however, that if the tax is not paid within
such extended period, the penalties shall apply as if such extension
had not been granted.
(Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
No certificate or Business License issued pursuant to this Chapter is transferable between persons or locations. An issued certificate or Business License may be amended to apply to the transaction of business at a new location in the City only after meeting the requirements of Section
8-2 or
8-2.1 of this Code and after payment of a fifteen dollar ($15.00) transfer fee.
(Ord. 2450 9-13-83; Ord. 01-14 10-2-01)
A duplicate tax certificate or Business License may be issued
to replace any certificate or license previously issued which has
been lost or destroyed provided that the person files a statement
of such fact and pays a fee of $15.
All certificates and/or Business Licenses must be displayed
and exhibited as follows:
(1) A business
at a fixed location in the City shall keep the certificate and/or
Business License posted in a conspicuous place upon the premises where
such business is carried on.
(2) A person
not operating a business at a fixed location in the City, or by means
of a motor vehicle, shall keep the certificate and/or Business License
on his person at all times while transacting and carrying on the business
for which the license was issued.
(3) A person
transacting and carrying on business by means of a motor vehicle shall
keep the tax certificate and/or Business License or such other means
of certification, as the Finance Director may provide, firmly affixed
upon each vehicle for which such certificate and/or license has been
issued in such a manner as to be readily visible for inspection. Such
tax certificate and/or Business License shall not be removed from
the vehicle during the period for which the certificate and/or license
is issued.
(4) Where
a certificate and/or Business License is required for the operation
of any coin-operated device, a sticker, provided by the Finance Director,
shall be attached to each machine or rack of machines in a conspicuous
place upon such machines and shall indicate the period for which the
tax liability has been satisfied.
(Ord. 01-14 10-2-01; Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
Unless otherwise specifically provided, all annual flat rate
business taxes shall be due and payable in advance on the first day
of January of each year. Businesses commencing after the 16th day
of March shall have the taxes prorated for the balance of the calendar
period on a quarterly basis so that the tax shall be the full amount,
three quarters, two quarters, or one quarter as the case may be. Any
business conducted for more than fifteen days in any calendar quarter
shall be taxed for the full quarter. Daily rate business taxes are
due each day in advance.
Unless otherwise provided, all business taxes based on gross
receipts shall be due and payable on the first day of January, for
the current year.
All business tax certificates issued pursuant to the provisions
of this Chapter shall expire at midnight on December 31st annually.
A penalty shall be applied for failure to pay the business tax
due if it is determined to be delinquent as follows:
(1) Annual
taxes based on a flat rate shall be delinquent if not paid by 5:00
p.m. on the last day of the month following the close of the previous
taxing period. Annual taxes based on gross receipts shall be delinquent
if not paid by 5:00 p.m. on the last day of the second month following
the close of the previous taxing period. A penalty of ten percent
of the tax due shall be added to the amount due on the first day of
delinquency and an additional ten percent shall be added to the tax
on the first day of each calendar month thereafter provided that the
total amount of such penalty to be added shall not exceed fifty percent
of the amount of tax due.
(2) Daily
taxes shall be delinquent if not paid before the close of the City's
business day on the day the tax was due and payable. A penalty of
ten percent of the tax shall be added to the tax if not paid by that
time and an additional one percent of the tax shall be added for each
additional day of delinquency thereafter, provided that the total
amount of such penalty to be added shall in no event exceed fifty
percent of the amount of tax due.
(Ord. 2225 6-24-75)
If it is found that additional tax is due from any person, the
Finance Director shall bill the person for such amount and this amount
must be paid within ten days after such billing. If it is found that
there is an overpayment of taxes imposed by this ordinance in whole
or in part, the Finance Director shall notify the person making such
overpayment within thirty days from date of discovery of overpayment,
and a claim for refund must be filed within a period of one year from
the last day of the calendar month following the period for which
the overpayment was made. Upon filing of such a claim and when he
determines that an overpayment has been made, the Finance Director,
with the approval of the City Council, may refund the amount overpaid
or the overpayment may be applied to any subsequent tax due.
(Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
It shall be the duty of the Finance Director, and he or she
is hereby directed to enforce each and all of the provisions of this
Chapter. The Chief of Police and the City Attorney shall render such
assistance in the enforcement hereof as may be required by the Finance
Director or the City Council.
The Finance Director in the exercise of authority and acting
through his authorized assistants, as well as the Police Department,
shall ascertain that all places of business in the City comply with
the provisions of this Chapter.
The Finance Director and each and all of his assistants and
any police officers shall have the power and authority to enter free
of charge, and at any reasonable time, any place of business required
to have a tax certificate and/or a Business License herein, and demand
an exhibition of its tax certificate and/or Business License. Any
person having such tax certificate and/or license issued, in his possession
or under his control, who willfully and wrongfully fails to exhibit
the same on demand, or who willfully and wrongfully refused to exhibit
necessary books and records, as required by the Finance Director or
any assistant, or the Police Department shall be guilty of a misdemeanor.
It shall be the duty of the Finance Director and each of his or her
assistants or the Police Department to cause a complaint to be filed
against any and all persons found to be violating any of said provisions.
The Finance Director or his or her designated representative
may seal the coin openings or slots of any vending machines, coin-operated
amusement devices, coin-operated service machines or any other coin-operated
device not otherwise exempted from the provisions of this Chapter
which is found available to the public for operation and to which
no city certificate and/or Business License is attached thereto.
It shall be unlawful for any person to remove any such seals
or operate any machines so sealed. A service charge of $10 shall be
paid to the City by the owner or operator of any such machine or device
for the removal of such seals. Upon payment of the required business
tax and ten dollar ($10.00) service charge, the Finance Director or
his or her designated representative shall remove such seals.
Final building inspection approvals shall be issued only when
it is ascertained by the Building Department that all tax liability
of the general contractor or building contractor and all subcontractors,
employed by either or both such contractors, have been fully satisfied.
(Ord. 2113 7-7-72; Ord. 01-14 10-2-01; Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
The Finance Director may adopt reasonable rules and regulations
pertaining to the enforcement of the provisions of this ordinance.
Rules so promulgated and adopted shall be in writing and filed in
the office of the Finance Director.
(Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
All remedies prescribed hereunder 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.