1991-044-Denting Appeal Of Licensee Regarding Penalty Fees Imposed Upon Business License For Apartments Located At 645 San Benito AvenueRESOLUTION 1991 - 44
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DENYING APPEAL OF LICENSEE REGARDING PENALTY FEES
IMPOSED UPON BUSINESS LICENSE FOR APARTMENTS LOCATED AT
(645 SAN BENITO AVENUE - OWNER/APPELLANT ISHRAT HUSAIN)
WHEREAS:
1. Ishrat Husain 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,
2. A public hearing was held by the Town Council on February 19, 1991 and
continued to March 4, 1991.
3. Ishrat Husain purchased the triplex at 645 Benito Avenue and was unaware that
a business license was required. Ishrat Husain was not notified by the previous owner or
the real estate agent that such a license was required.
4. Business License notice was sent to the prior owner of 645 San Benito Avenue
and Ishrat Husain was not notified until nine months later.
BE IT RESOLVED:
0
1. The Town Council hereby finds that the Business License of Ishrat Husain was
past due and that the penalty of $178.50 had accrued.
2. The Town Council hereby finds that the current business license in the amount
of $69 with penalties of $178.50 for a total of $247.50 was paid by Ishrat Husain on
December 27, 1990 and that Ishrat Husain has requested a waiver of the $178.50.
3. The Town Council hereby finds that the sale of the apartments at 645 San Benito
Avenue includes the assumption of trade payables and that the owner of the building is
responsible for ascertaining applicable fees.
4. Based on the foregoing findings the appeal is denied and the $247.50, 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 18th day of March, 1991 by the following vote.
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton,
Eric D. Carlson, Mayor Brent N. Ventura
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
A I I'EST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA