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Ord 1607 - Amending Code re Business License Tax; Establish a Limit on the Business License Tax on Professional and Semi-Professional occupations for calendar year 1984; and to correct certain clerical errorsORDINANCE NO. 1607 AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE BUSINESS LICENSE TAX TO CLARIFY ITS APPLICATION TO CERTAIN PERSONS; TO ESTABLISH A LIMIT ON THE BUSINESS LICENSE TAX ON PROFESSIONAL AND SEMI - PROFESSIONAL OCCUPATIONS FOR CALENDAR YEAR 1984; AND TO CORRECT CERTAIN CLERICAL ERRORS THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS: Section 1. Section 15 -1 of Article I of Chapter 15 of the Town Code is hereby amended as follows: Sec. 15 -1. Definitions For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: "Business" means professions, trades and occupations and every kind of calling carried on for profit or livelihood, including the business of renting or leasing apartments. "Fixed place of business" means the premises occupied for the particular purpose of conducting the business thereat, and regularly kept open for that purpose, with a competent person in attendance for the purpose of attending to such business. Included in such term is the premises rented or leased by persons owning apartments located in the Town. "Gross receipts" means the total amount of the sale price of all sales and the total amount charged or received for the performance of any act, service or employment of whatever nature it may be, for which a charge is made or credit allowed, whether or not such service, act or employment is done as a part of or in connection with the sale of materials, goods, wares or merchandise. Included in such term shall be all receipts, cash, credits and property of any kind or nature, and any amount for which credit is allowed by the seller to the purchaser without any deduction therefrom on account of the cost of the property sold, the cost of the materials used, labor, or service costs, interest paid or payable or losses or other expenses whatsoever. Excluded from such term shall be cash discounts allowed and taken on sales, any tax required by law to be included in, or added to, the purchase price and collected from the consumer or purchaser, and such part of the sale price of property returned by purchasers upon recission of the contract of sale as is refunded either in cash or by credit. "Nome occupation" means an occupation customarily carried on by the resident of a dwelling as a secondary use within the same dwelling and in connection with which there is no person employed, no sound audible beyond such dwelling, no display, no advertising and no selling of a commodity upon the premises. "Jobbing business" means any business conducted solely for the purpose of selling goods, wares or merchandise in job lots to wholesale merchants for resale at wholesale to the trade by such wholesale merchants. "Person" means any domestic or foreign association, syndicate, joint stock corporation, partnership of every kind, club, business or common law trust, society, and individual transacting and carrying on any business in the Town. "(quarter" means a period of three calendar months. The quarters begin on the first day of January, April, July and October of each year. The quarter shall include fractions thereof. "Retail business means any business conducted for the purpose of selling, or offering to sell, any goods, wares or merchandise, other than as a part of a "wholesale business" and "jobbing business." MC "Vehicle" means any device in, upon or by which any person or property is or may be transported or drawn upon a public street or highway, except devices moved by human power or used exclusively upon stationary rails or tracks. "Wholesale business" means any business conducted solely for the purpose of selling goods, wares or merchandise in wholesale lots to retail merchants for resale at retail to the trade by such retail merchants. Section 2 Section 15 -19 of Article I of Chapter 15 of the Town Code is hereby amended as follows: Sec. 15 -19. Posting and keeping All licenses under this chapter shall be kept and posted in the following manner: (a) Any licensee transacting and carrying on business at a Fixed place of business in the Town shall keep the license posted in a conspicuous place upon the premises where such business is carried on. (b) Any licensee transacting and carrying on business, but not operating at a fixed place of business in the Town, shall keep the license upon his person at all times while transacting and carrying on such business, or if issued under Section 15 -20.46 or 15.25 -50, then the license shall be displayed prominently in the vehicle. Section 3 Section 15 -26 of Article I of Chapter 15 of the Town Code is hereby amended as follows: Sec. 15 -26. Remedies cumulative The conviction and imprisonment or fine of any person -for engaging in any business without first obtaining a license to conduct such business shall not relieve such person from paying the license tax to conduct such business, nor -3- shall the payment of any license tax prevent a criminal prosecution for the violation of any of the provisions of this chapter. All remedies prescribed in this chapter shall be cumulative and the use of one or more remedies by the Town shall riot bar the use of any other remedy for the purpose of enforcing the provisions of this chapter. Section 4. Section 15- 28.38 of Article II of Chapter 15 of the Town Code is hereby amended as follows: Sec. 15- 28.38. Professional and semiprofessional Occupations Per professional or semiprofessional person ...................... $100.00 Additional per employee ......... ............................... 10.00 Professional or semiprofessional business or service occupations include, but are not limited to, the following: Accountant Advertising counsel Appraiser Architect Artist Assayer Attorney -at -law Auditor Bacteriologist Broker, stock or bond Chemist Chiropodist Chiropractor Dentist Designer or Decorator Detective or investigative personnel Draftsperson Drugless practitioner Electrologist Engineer: civil, mining, electrical, construction Engineer: structural, consulting, mechanical, hydraulic Engraver Feed, grain and fruit broker SS Geologist Illustrator or showcard writer Landscape architect Lapidary Lithographer Masseuse or masseur Oculist, optician or optometrist Osteopath Physician Meal estate agents and brokers Surgeon Surveyor Taxidermist Veterinarian X -ray, dental or medical laboratory The business license tax due and payable for any one business under this section shall not increase more than 100 percent for the calendar year 1984 over the calendar year 1983 business license tax paid. This ordinance takes effect 30 days after the date it is adopted. Within 15 days after this ordinance is adopted, the Town Clerk shall cause it to be published once in a newspaper of general circulation published and circulated in the Town. -5- This ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on February 6 , 1984, and adopted by the following vote as an ordinance of the Town of Los Gatos at a continued regular meeting of the Town Council held on February 21 , 1984. AYES: COUNCILMEMBERS Joanne Benjamin, Eric. D. Carlso and Terrence J. Daily NOES: COUNCILMEMBERS None ABSENT: COUNCILMEMBERS None ABSTAIN: COUNCILMEMBERS Brent N. Ventura, and Mayor Thomas / n J . Ferpfto. SIGNED: ATTEST: DEPUTY CLERK OF W _ _ . G GATOS 0 PERS /VOL