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5981ORDINANCE NO. 5981 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 3 OF THE ANAHEIM MUNICIPAL CODE RELATING TO BUSINESS LICENSES THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 3.08.0 10 of Chapter 3.08 of Title 3 of the Anaheim Municipal Code be, and the same is hereby, amended and restated in its entirety, to read as follows: "3.08.010 TAX RATE SCHEDULE. Businesses subject to the gross receipts tax pursuant to this Chapter shall pay an annual business license tax to the City consisting of a flat tax, a tax based on gross receipts or a tax based upon the cost of doing business as defined in this chapter, whichever amount is greater. Except as may be otherwise provided in this chapter, every person described in the following classifications who engages in business within the City of Anaheim shall pay an annual business tax in an amount computed in accordance with the following business tax rate schedule: .010 Manufacturing/Wholesaling. For the business of conducting, managing, or carrying on a business consisting mainly of manufacturing, packing, processing, carrying or selling at wholesale any goods, wares, merchandise, or produce, the annual tax shall be based on gross receipts as follows: .01 Every such business with annual gross receipts of less than $100,000 shall pay the sum of forty dollars; .02 All other such businesses shall pay nine and one half cents for each thousand dollars of gross receipts or sixty dollars, whichever amount is greater. .020 Retailing. For any person conducting, managing or carrying on the business consisting mainly of selling at retail any goods, the annual tax shall be based on gross receipts as follows: .01 Every such business with annual gross receipts of less than $100,000 shall pay the sum of forty dollars; .02 All other such businesses shall pay nine and one half cents for each thousand dollars of gross receipts or sixty dollars, whichever amount is greater. .030 Dwelling/Hotel/Motel/Transient Occupancy Facilities. For any person engaged in the business of conducting or operating a place for dwelling, sleeping or lodging including, but not limited to, hotels, motels, bed and breakfast inns, recreation vehicle parks, or other transient occupancy facilities not specifically taxed under this title, the annual tax shall be based on gross receipts as follows: .01 Every such business with annual gross receipts of less than $100,000 shall pay the sum of forty dollars; .02 All other such businesses shall pay nineteen cents for each thousand dollars of gross receipts or sixty dollars, whichever amount is greater. .040 Recreation/Entertainment/Amusement Establishment. For the business of providing entertainment, recreation, or amusement services including the operation of amusement parks, the annual tax shall be based on gross receipts as follows: .01 Every such business with annual gross receipts of less than $100,000 shall pay the sum of forty dollars; .02 All other such businesses shall pay nineteen cents for each thousand dollars of gross receipts or sixty dollars, whichever amount is greater. .050 Telephone Services. Every person engaged in the business of providing telephone services shall pay an annual business tax according to subsection .020 of Section 3.08.0 10 of this chapter. For the purpose of this section "gross receipts" shall have the same meaning as in Section 3.04.010 except that only those receipts derived from providing telephone services within the City shall be included, and further excepting that only receipts resulting from intrastate telephone services shall be included. .060 Miscellaneous. For any business not specifically taxed by other provisions of this title and not otherwise exempt, the annual tax shall be based on gross receipts as follows: .01 Every such business with annual gross receipts of less than $100,000 shall pay the sum of forty dollars; 2 .02 All other such businesses shall pay nine and one half cents for each thousand dollars of gross receipts or sixty dollars, whichever amount is greater." SECTION 2. That Section 3.12.0 10 of Chapter 3.12 of Title 3 of the Anaheim Municipal Code be, and the same is hereby, amended and restated in its entirety, to read as follows: "3.12.010 PROFESSIONS LICENSE TAX. Every person unless otherwise specified in this title engaged .in a profession or vocation, licensed by the State, related to a licensed profession or vocation, and/or requiring a period of specialized training such as, but not limited to, physicians, dentists, attorneys, accountants, engineers, architects, consultants and any other professional business or service determined by the Collector to be of a similar character to any of the businesses specified, the annual tax shall be based on the number of persons engaged or employed in the business of providing such professional or vocational services in accordance with the following schedule: .010 For the first practicing professional principal, whether as owner and/or sole practitioner, or as partner, or officer, or as professional shareholder one hundred thirty-five dollars; .020 Each additional practicing professional principal, whether as owner and/or sole practitioner, or as partner, or officer, or as professional shareholder one hundred fifty dollars; .030 Each additional person engaged or employed, either as professional independent contractor rendering professional services pursuant to a contract of employment, or whether as salaried professional employee engaged in rendering professional services seventy-five dollars; .040 Each additional person engaged or employed otherwise based on average number of employees ten dollars. For the purpose of this section, the phrase "each practicing professional principal" shall be deemed and is declared to mean the maximum number of persons engaged in rendering professional services (other than salaried employees or independent contractors engaging their services pursuant to a contract of employment and not otherwise sharing in the profits of the business) and shall be computed based upon the maximum number of practicing principals engaged in rendering professional services for any one -day period during any part of the preceding business license period. For the purpose of this section, the phrase "each additional person engaged or employed" shall be deemed and is declared to mean the average number of persons, whether licensed practitioners employed or otherwise engaged in rendering professional services, and not otherwise 3 sharing in the profits of the business, or whether any other category of person, directly or indirectly paid for their service and not otherwise sharing in the profits of the business. In the case of an application for an original license, applicant shall state both the maximum number of practicing professionals engaged or intended to be engaged in rendering professional services and the average number of persons engaged or employed or intended to be engaged or employed to assist in the conduct of applicant's business. Thereafter, the license tax provided for in this chapter shall be based solely upon the hereinabove set forth method of computation." SECTION 3. That Section 3.16.0 10 of Chapter 3.16 of Title 3 of the Anaheim Municipal Code be, and the same is hereby, amended and restated in its entirety, to read as follows: "3.16.010 SERVICES LICENSE TAX. Every person engaged in the business of providing services in the City of Anaheim shall pay an annual business license tax to the City consisting of a flat tax of sixty-eight dollars, plus an additional tax in the amount of ten dollars for each employee of such business based on the average number of employees. For the purposes of this section "services" shall mean the business of providing, maintaining, or performing labor for the benefit of another; of supplying some general demand for the benefit of another which does not produce a tangible commodity; of performing any other personal service; or any service in which any real or personal property, stocks or bonds, or other financial instruments, or evidence of debt, or contracts of insurance or any money or credits are exchanged, leased, transferred, or loaned; as well as every business of maintaining, storing, cleaning, improving or repairing tangible commodities whether or not such business is conducted from premises, vehicle, or mobile location within or outside the City. Services shall also include, but not limited to, beauticians, barbers, cosmetologists, real estate brokers, real estate agents, travel agents, and manufacturers' representatives. Services do not include professional services, or telephone services within the meaning of this chapter, which services are covered under other business tax rates in this title." SECTION 4. That Section 3.18.0 10 of Chapter 3.18 of Title 3 of the Anaheim Municipal Code be, and the same is hereby, amended and restated in its entirety, to read as follows: "3.18.010 DEFINITIONS .010 `Hobby Business shall mean any business described in Chapters 3.08, 3.12, 3.16 and 3.24 of this Title operated from a residentially zoned property located in the City of Anaheim which 4 does not generate gross receipts in excess of Twenty-five Thousand Dollars ($25,000.00) in a twelve (12) month period." SECTION 5. That Section 3.18.020 of Chapter 3.18 of Title 3 of the Anaheim Municipal Code be, and the same is hereby, amended and restated in its entirety, to read as follows: "3.18.020 HOBBY BUSINESS - LICENSE TAX. Any Hobby Business as defined in Section 3.18.0 10 shall be exempt from taxation pursuant to this Chapter. " SECTION 6. SEVERABILITY The City Council of the City of Anaheim declares that should any section, paragraph, sentence or word of this ordinance hereby adopted be declared for any reason to be invalid, it is the intent of the Council this it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 7. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal or amendment of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date thereof, nor be construed as a waiver of any tax, license or penalty or of the penal provisions applicable to any violations thereof. The provisions of the ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 8. PENALTY. Except as may otherwise be expressly provided, any person who violates any provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be punished in the manner provided in Section 1.01.370 of the Anaheim Municipal Code. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 21 s tday of June , 2005, and thereafter passed and adopted at a regular meeting of said City Council held on the 12th day of July , 2005, by the following roll call vote: 5 AYES: Mayor Pringle, Council Members Sidhu, Galloway, Chavez NOES: Council Member Hernandez ABSENT: None ABSTAIN: None ATTEST: /1/0i4 Adll� Y CLERk OF HE CITY OF ANAHEIM 57956.6 Z C AN By t AH6A MAYOR OF THE efTY OF ANAHEIM AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: July 21, 2005 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: July 21, 2005 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714)796-2209 PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp Proof of Publication of Paste Clipping of Notice SECURELY In This Space ORDINANCE NO. 5981 AN ORDINANCE OF THE CITY OF AN 1 AMENDING TITLE 3 OF THE ANAHEIM MUNICIPAL CODE RELATI ) BUSINESS LICENSES THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 3.08.010 of Chapter 3.08 of Title 3 of the Anaheim Municipal Code be, and the same is hereby, amended and restated in its entirety, to read as follows: 13.08.010 TAX RATE SCHEDULE. - Businesses subject to the gross receipts tax Pursuant to this Chapter shall pay an annual business license tax to the City consisting of a flat tax, a tax based on gross receipts or a tax based upon the cost of doing business as defined in this chapter, whichever amount is greater. Except as may be otherwise provided in this chapter, every person described in the following classifications who engages in business within the City of Anaheim shall pay an annu- al business tax in an amount computed in accordance with the following business tax rate schedule: .010 Manufacturing/Wholesaling. For the business of conducting managing, or carrying on a business consisting mainly of manufacturing, packing, processing, carrying or selling at wholesale any goods, wares, merchandise, or produce, the annual tax shall be based on gross receipts as follows: .01 Every such business with annual gross receipts of less than $100,000 shall pay the sum of forty dollars; .02 All other such businesses shall pay nine and one half cents for each thousand dollars of gross receipts or sixty dollars, whichever amount is greater. .020 Retailing. For any person conducting, managing or carrying on the business consisting mainly of selling at retail any goods, the annual tax shall be based on gross receipts as follows: .01 Every such business with annual gross receipts of less than $100,000 shall pay the sum of forty dollars; ' .02 All other such businesses shall pay nine and one half cents for each thousand dollars of gross receipts or sixty dollars, whichever amount is greater. .030 Dwelling/Hotel/Motel/Transient Occupancy Facilities. For any person engaged in the business of conducting or operating a place for dwelling, sleeping or lodging including, but not limited to,. hotels, motels, bed and breakfast inns, recreation vehicle parks, or other transient occupancy facilities not specifically taxed under this title, the annual tax shall be based on gross receipts as follows: .01 Every such business with annual gross receipts of less than $100,000 shall pay the sum of forty dollars; .02 All other such businesses shall pay nineteen cents for each thousand dollars of gross receipts or sixty dollars, whichever amount is greater. .040 Recreation/Entertainment/Amusement Establishment. For the business of providing entertainment, recreation, or amusement services including the operation of amusement parks, the annual tax shall be based on gross receipts as follows: .01 Every such business withannual gross receipts of less than $100,000 shall pay the sum of forty dollars; - - .02 All other such businesses shall pay nineteen cents for each thousand dollars of gross receipts or sixty dollars, whichever amount is greater. .050 Telephone Services. Every person engaged in the business of providingtelephone services shall pay an annual business. tax according to subsection .020 of Section 3.08.010 of this chapter. For the ourpose of this section "gross receipts" shall have the same meaning as in Section 3.04.010 except that only those receipts derived from providing telephone services within the City shall be included, and further excepting. that only receipts resulting from intrastate telephone services shall be included. .060 Miscellaneous. - For any business not specifically taxed by other provisions of this title and not otherwise exempt, the annual tax shall be based on gross receipts as follows: .01 Every such business with annual gross receipts of less than $100,000 shall pa the sum of forty dollars; .02 All other such businesses shall pay nine and one half cents for each thousand dollars of gross receipts or sixty dollars, whichever amount is greater." SECTION 2. That Section 3.12.010 of Chapter 3.12 of Title 3 of the Anaheim Municipal Code be, and the same is hereby, amended and restated in its entirety, to read as follows: '3.12.010 PROFESSIONS - LICENSE TAX. Every person unless otherwise specified in this title engaged in a profession or vocation, licensed by the State, related to a licensed profession or vocation, and/or requiring a peri - )d of specialized training such as, but not limited to, physicians, dentists, attorneys, accountants, engineers, architects, consultants and any other professional business or service de - ermined by the Collector to be of a similar character to any of the businesses specified, the annual tax shall be based on the number of persons engaged or employed in the business )f providing such professional or vocational services in accordance with the following schedule: .010 For the first practicing professional principal, whether as owner and/or sole practitioner, or as. partner, or officer, or as professional shareholder - one hundred thirty-five follars; .020 Each additional practicing professional principal, whether as owner and/or sole practitioner, or as partner, or officer, or as professional shareholder - one hundred fifty follars; .030 Each additional person engaged or employed, either as professional independent contractor rendering professional services pursuant to a contract of employment, or wheth- ?r as salaried professional employee engaged in rendering professional services - seventy five dollars; .040 Each additional person engaged or employed otherwise based on average number of employees -ten dollars. For the purpose of this section, the phrase "each practicing professional principal" shall be deemed and is declared to mean the maximum number of persons engaged in render- ig professional services (other than salaried employees or independent contractors engaging their services pursuant to a contract of employment and not otherwise sharing in the prof- s of the business) and shall be computed based upon the maximum number of practicing principals engaged in rendering professional services for any one day period during any :art of the preceding business license period. For the purpose of this section, the phrase "each additional person engaged or employed" shall be deemed and is declared to mean the average number of persons, whether li- msdirectly practitioners indirectly employed or otherwise engaged in rendering professional services, and not otherwise sharing in the profits of the business, or whether any other categoryof per paid for their service and not otherwise sharing in the profits of the business. In the case of an application for an original license, applicant shall state both the maximum number of practicing professionals engaged or intended to be engaged in rendering pro- ssional services and the average number of Persons engaged or employed or intended to be engaged or employed to assist in the conduct of applicant's business. Thereafter, the li- mse tax provided for in this chapter shall be based solely upon the hereinabove set forth method of computation." SECTION 3. That Section 3.16.010 of Chapter 3.16 of Title 3 of the Anaheim Municipal Code be, and the same is hereby, amended and restated in its entirety, to read as follows:. "3.16.010 SERVICES - LICENSE TAX. Every person engaged in the business of providing services in the City of Anaheim shall pay an annual business license tax to the City consisting of a flat tax of sixty-eight dollars, plus an additional tax in the amount of ten dollars for each employee of such business based on the average number of employees. For the purposes of this section "services" shall mean the business of providing, maintaining, or performing labor for the benefit of another; of supplying some general demand for the benefit of another which does not produce a tangible commodity; of performing any other personal service; or any service in which any real or personal property, stocks or bonds, or other financial instruments, or evidence of debt, or contracts of insurance or any money or credits are exchanged, leased, transferred, or loaned; as well as every business of main- taining, storing, cleaning, improving or repairing tangible commodities whether or not such business is conducted from premises, vehicle, or mobile location within or outside the City. Services shall also include, but not limited to, beauticians, barbers, cosmetologists, real estate brokers, real estate agents, travel agents, and manufacturers' representatives. Services do not include professional services, or telephone services within the meaning of this chapter, which services are covered under other business tax rates in this title." SECTION 4. That Section 3.18.010 of Chapter 3.18 of Title 3 of the Anaheim Municipal Code be, and the same is hereby, amended and restated in its entirety, to read as follows: "3.18.010 DEFINITIONS .010 'Hobby Business shall mean any business described in Chapters 3.08, 3.12, 3.16 and 3.24 of this Title operated from a residentially zoned property located in the City of Ana- heim which does not generate gross receipts in excess of Twenty-five Thousand Dollars ($25,000.00) in a twelve (12) month period." SECTION S. That Section 3.18.020 of Chapter 3.18 of Title 3 of the Anaheim Municipal Code ,be, and the same is hereby, amended and restated in its entirety, to read as follows: "3.18.020 HOBBY BUSINESS LICENSE TAX. ' Any Hobby Business as defined in Section 3.18.010 shall be exempt from taxation pursuant to this Chapter. " SECTION S. SEVERABILITY The City Council of the City of Anaheim declares that should any section, paragraph, sentence or word of this ordinance hereby adopted be declared for any reason to be invalid, it is the intent of the Council this it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 7. SAVINGS CLAUSE - Neither the adoption of this ordinance nor the repeal or amendment of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date thereof, nor be construed as a waiver of any tax, license or penalty or of the penal provisions applicable to any violations thereof. The provisions of the ordinance, insofar as they are substantially'the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be con- strued as restatements and continuations, and not as new enactments. - SECTION S. PENALTY. - Except as may otherwise be expressly provided, any person who violates any provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be punish- ed in the manner provided in Section 1.01.370 of the Anaheim Municipal Code. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 21st day of June, 2005, and thereafter passed and adopt- ed at a regular meeting of said City Council held on the 12th day of June, 2005, by the following roll call vote: AYES:Mayor Pringle, Council Members Sidhu, Galloway, Chavez NOES: Council Member Hernandez ABSENT: -None ABSTAIN: None ATTEST: CITY OF ANAHEIM SS/ Sfie yll Schroeder SS/Curt Pringle E -- -- -- CITY CLERK OF THE CITY OF ANAHEIM MAYOR OF THCITY OF ANAHEIM