1991-089-Denting Appeal Of Licensee Regarding Penalty Fees Imposed Upon Business LicenseRESOLUTION 1991-89
RESOLUTION OF THE TOWN OF LOS GATOS
DENYING APPEAL OF LICENSEE REGARDING
PENALTY FEES IMPOSED UPON BUSINESS LICENSE
(225 MASSOL AVENUE/ROBERT C. SKUSE)
WHEREAS:
A. Robert C. Skuse has appealed a decision of the License Collector that
imposed a penalty on the $69 business license fee that was not paid by the business in a
timely manner per Town Code Section 14-15; and,
B. A public hearing was held by the Town Council on April 15, 1991; and,
C. Robert C. Skuse purchased the apartment at 225 Massol Avenue on September
25, 1990 and was unaware that a business license was required. Robert C. Skuse was not
notified by the previous owner or the real estate agent that such a license was required;
and,
D. A 25% penalty Business License notice was sent to the prior owner of 225
Massol Avenue on January 28, 1991 who advised the property was sold to Robert C. Skuse;
and,
E. Robert C. Skuse's 25% penalty Business License notice was sent on February 13,
1991.
BE IT RESOLVED:
A. The Town Council hereby finds that the Business License of Robert C. Skuse
was past due and that the penalty of $17.25 had accrued.
B. The Town Council hereby finds that the current business license in the amount
of $69 with penalties of $17.25 for a total of $86.25 was paid by Robert C. Skuse on
February 26, 1991 and that Robert C. Skuse has requested a waiver of the $17.25.
C. The Town Council hereby finds that the sale of the apartments at 225 Massol
Avenue includes the assumption of trade payables and that the owner of the building is
responsible for ascertaining applicable fees.
D. Based on the foregoing findings the appeal is denied and the $86.25, which is the
sum due for the Business License and penalty assessment is hereby ordered paid.
Pursuant to Los Gatos Town Code Section 1-15, the time for seeking judicial review
for the Town Council decision is governed by California Code of Civil Procedure Section
1094.6.
PASSED AND ADOP 1ED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 6th day of May, 1991 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton,
Eric Carlson and Mayor Ventura.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
ATTEST:
CLERK OF THE TOWN OF LQ GATOS
LOS GATOS, CALIFORNIA
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA