HomeMy WebLinkAbout2001-03ORDINANCE NO. 2001-03
RATIFYING AND READOPTING
THE TOWN'S BUSINESS LICENSE TAX
The People of the Town of Danville do ordain as follows:
SECTION 1.
FINDINGS AND INTENT
The People of the Town of Danville find as follows:
A. In 1993, the Danville Town Council adopted Ordinance No. 93-3, requiring that
all businesses operating within the Town obtain a business license and pay a business license
tax to the Town. Adoption of Ordinance No. 93-3 by the Town Council complied with
applicable law at the time, which did not require voter approval for general taxes. The courts
have subsequently stated that voter approval is required.
B. The intent of this ordinance is to ratify the Town's collection of the business
license tax at the same rate as set in 1993 by the Town Council. By readopting Ordinance
No. 93-3, the business license tax would remain at the same level and could not be increased
without a further vote of the People.
C. This Ordinance was proposed by the Danville Town Council by the
affn-mative vote of not less than four of its members, as required by Government Code
Section 53724(b).
SECTION 2.
RATIFICATION AND READOPTION OF EXISTING TAX.
The 1993 adoption of a business license tax (Chapter 3-6 of the Danville Municipal Code) is
hereby ratified and readopted by the voters of the Town of Danville. Sections 3-6.3 (License
Required) and 3-6.14 (Rates) of the Danville Municipal Code are specifically readopted to
read as follows:
Section 3-6.3 License Required. There are hereby imposed upon the businesses,
trades, professions, calling and occupations specified in this section, business license fees in
the amounts set forth in subsection 3-6.14. It shall be unlawful to engage in business in the
Town without first procuring a business license unless an exemption is granted.
This section shall not be construed to require any person to obtain a license prior to
doing business within the Town if such requirement conflicts with applicable statutes of the
United States government or of the State of California. Persons not so required to obtain a
license prior to doing business within the Town nevertheless are encouraged to comply with
the reporting requirements of the section as set forth in subsection 3-6.8.
Attachment B
Section 3-6.14 Rates.
Class A: All businesses not def'med as Amusements, Itinerant businesses or Annual
Marketplaces.
Flat fee: $100 per business entity
Plus $10 per each full time equivalent employee over one.
Class B:
Flat fee:
Amusements and itinerant businesses.
$100 per day
Class C:
Flat fee:
Annual Marketplaces.
$150 per organizer, promoter or sponsor
Class C-l:
Flat fee:
Street Fairs
$150 per event and per organizer, promoter or sponsor
SECTION 3. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portions of the
ordinance. The People of the Town of Danville hereby declare that they would have adopted
the ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective
of the fact that one or more sections, subsections, sentences, clauses or phrases was declared
invalid.