Pursuant to the provisions of the Parking and Business Improvement
Area Law of 1979 (commencing with Section 36500 of the California
Streets and Highways Code), a parking and business improvement area
is hereby established which is herein referred to as the "Old Town
Parking and Business Improvement Area" or "the Area." The intention
to establish this Old Town Parking and Business Improvement Area is
set forth in Resolution No. 86-081, dated April 22, 1986, entitled
"A Resolution of the Council of the City of Santa Barbara Declaring
Its Intention to Establish a Parking and Business Improvement Area
in the Old Town Area of the City of Santa Barbara Pursuant to the
Parking and Business Improvement Area Law of 1979 and to Suspend Collection
of Taxes in the Existing Old Town Improvement Area."
A hearing on formation of the Old Town Parking and Business
Improvement Area was held on May 13, 1986, at 2:00 p.m. in the Council
Chamber, City Hall, Santa Barbara, California.
(Ord. 4394, 1986)
Words used in this chapter shall be defined as set forth in Chapter 5.04 unless the context requires a different meaning.
(Ord. 4394, 1986)
The Old Town Parking and Business Improvement Area ("Area")
is that area which is bounded by Gutierrez Street, Ortega Street,
Chapala Street and Anacapa Street. The Area includes all parcels fronting
on each street within or bounding the Area (including parcels fronting
or situated on the intersections of said streets), except parcels
located north of the center line of Ortega Street.
(Ord. 4394, 1986)
Every business subject to payment of the business tax under Chapter 5.04 and located on a parcel within the Area is subject to and shall pay the charges established by this chapter. A charge shall not be imposed on a business which develops, sells, acquires, leases, or manages real property located in the Area (or which act as an agent for any such activity) unless the business has a business office located within the Area.
(Ord. 4394, 1986)
Subject to Section 4.43.100, businesses located within the Area shall be subject to the following charges:
A.
Businesses located on state street. Every business fronting or with an address on State Street shall pay a charge equal to 100% of the business tax imposed by Chapter 5.04 of the municipal code.
B.
Businesses not located on state street. Every business not fronting or with an address on State Street shall pay a charge equal to 75% of the business tax imposed by Chapter 5.04 of the municipal code.
D.
Other businesses. Manufacturing, wholesaling and processing businesses as defined in Section 5.04.400, all businesses and professions enumerated in Section 4.04.420 and all persons conducting or carrying on a business as a real estate broker and/or agent as defined in Section 5.04.430 shall pay a charge equal to the minimum charge in effect during the taxable year as hereinafter provided. Further, businesses that are designated by CalTrans for relocation shall also pay the minimum charge for the current taxable year as hereinafter provided.
E.
Minimum
charge. Every business subject to this chapter shall pay a minimum
charge of $60.00 in 1986, $75.00 in 1988, and $100.00 in 1990. The
minimum charge from and after 1991 shall remain at $100.00.
F.
Multiple businesses at same address. Subject to subsections A and B above, when more than one type of business is conducted at the same address, the owner shall pay a charge equal to the business tax imposed for the preceding year by Section 5.04.390 of the municipal code, or, if no such business tax is imposed, a charge equal to the highest business tax imposed by Chapter 5.04 on a business conducted at the address.
G.
Multiple businesses at different addresses. Subject to subsections A and B of this section, when multiple business taxes are imposed by Chapter 5.04 on businesses operated by one owner at different addresses, the owner shall pay a charge equal to the business tax imposed for the preceding year by Section 5.04.390 at each address, or, if no such business tax is imposed, a charge equal to the highest tax imposed for the preceding year by Chapter 5.04 at each address.
H.
Businesses established after creation of area. For each business established after the effective date of the ordinance first enacting this chapter, the charge for the remainder of the calendar year shall be the amount set forth in subsections A through G above, divided by 12 and multiplied by the number of months remaining in said calendar year. For purposes of this subsection: (1) a month is considered "remaining" if the business is established on or before the 15th day of that month; and (2) a business is "established" on the date of issuance of the City business license or the date business commences, whichever occurs first.
I.
Due dates. The annual charge imposed by this chapter for all businesses doing business during all or part of the preceding calendar year shall be due at the same time the business tax imposed by Chapter 5.04 of this code is due and shall be delinquent after February 1st of each year. For all new businesses, the charge for the remainder of the calendar year shall be due at the same time the annual business tax imposed by Chapter 5.04 is due.
(Ord. 4394, 1986)
Disputes as to amount shall be resolved, penalties for late payment shall be imposed and collection shall be effected at the same rates and utilizing the methods established under Chapter 5.04.
(Ord. 4394, 1986)
Charges collected from this Area pursuant to this chapter shall
be used only for promotion of businesses in the Area (which may include
payment of costs to the City for administration of this chapter) by:
A.
Decoration
of any public place in the Area.
B.
Promotion
of public events which are to take place in or on public places in
the Area.
C.
Furnishing
of music in any public place in the Area.
D.
The
general promotion of retail trade activities in the Area.
(Ord. 4394, 1986)
The City Council finds that the businesses located within the
Area will be benefitted by expenditure of funds raised by charges
that are proposed to be levied in the Area.
(Ord. 4394, 1986)
If any section, subsection, paragraph, subparagraph, sentence,
clause or phrase of this chapter, or the application thereof to any
person or circumstance, is for any reason held invalid, the validity
of the remainder of this chapter, or the application of such provision
to other persons or circumstances, shall not be affected thereby.
(Ord. 4394, 1986)
A.
Businesses required to pay tax under chapter 4.42. A business that is required to pay the Business Improvement Area Tax pursuant to Chapter 4.42 will be exempted from payment of the charge imposed by this chapter for the 1985 calendar year. However, a business that has not paid all taxes required by Chapter 4.42 and all applicable penalties shall continue to be obligated to do so.
B.
Businesses established prior to this area, but not obligated to pay tax pursuant to chapter 4.42. A business that: (1) is established (within the meaning of subsection E of Section 4.43.050) prior to the date that the ordinance first enacting this chapter is effective; and (2) is not required to pay the Business Improvement Area Tax pursuant to Chapter 4.42, shall pay charges set forth in Section 4.43.050, subject to a pro rata reduction for the portion of the calendar year that has elapsed prior to that effective date. The charge for the remaining portion of the calendar year shall be the amount set forth in Section 4.43.050, divided by 12 and multiplied by the number of months remaining in the calendar year after the effective date. If the ordinance enacting this chapter is effective on or before the 15th day of a month, that month shall be counted as a month remaining in the year. If the ordinance becomes effective after the 15th day of a month, that month shall not be counted as a month remaining in the year.
(Ord. 4394, 1986)
Businesses located in the Old Town Parking and Business Improvement
Area shall be subject to any amendments to Part 6 (commencing with
Section 36500) of Division 18 of the California Streets and Highways
Code.
(Ord. 4394, 1986)
