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1990-254-Denying Appeal Of Licensee Regarding Penalty Fees Imposed Upon Business Licences For Business Located At 983-B University AvenueRESOLUTION 1990 -254 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DENYING APPEAL OF LICENSEE REGARDING PENALTY FEES IMPOSED UPON BUSINESS LICENSE FOR BUSINESS LOCATED AT 983 -B UNIVERSITY AVENUE (PACSTOR INC.- ROGER COX) WHEREAS: 1. Roger Cox, on behalf of Pacstor Inc., has appealed a decision of the License Collector that imposed 100% penalty on the $750 business license fee which 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 November 5, 1990, pursuant to Town Code Section 15 -22, which provides for an appeal of a business license decision to the Town Council. BE IT RESOLVED: 1. The Town Council hereby finds that the business license of Pacstor Inc. was past due and that the penalty of $750 had accrued. 2. The Town Council hereby finds that the current business license in the amount of $750 was paid by Pacstor Inc. on September 10, 1990, and that Pacstor Inc. has requested a waiver of the $750 penalty assessed on the late payment. 3. The Town Council hereby finds that several hundred businesses have paid the penalty imposed and for Council to waive the penalty as to appellant would be a change in policy. 4. The Town Council hereby finds that the sale of Pacstor Inc. includes the assumption of trade payables and that the transaction has not yet been concluded. 5. Based on the foregoing findings, the appeal is denied and the $750 penalty on the past due business license fee for Pacstor Inc. is hereby ordered to be 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 ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 17th day of December, 1990 by the following vote. COUNCIL MEMBERS: AYES: Joanne Benjamin, Steven Blanton, Mayor Brent N. Ventura NAYS: Eric D. Carlson ABSENT: None ABSTAIN: Randy Attaway SIGNED: 4�� 1--2 z MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF S GATOS LOS GATOS, CALIFORNIA a: \cnclrpts\pacstor.tcr 2