10.12.2012 Views

Municipal Code, Complete - City of Santa Barbara

Municipal Code, Complete - City of Santa Barbara

Municipal Code, Complete - City of Santa Barbara

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

VI. EDUCATIONAL FACILITIES AND MISCELLANEOUS CLASSIFICATIONS.<br />

Group A. EDUCATIONAL FACILITIES. Nineteen cents ($0.19) per usable square foot.<br />

Group B. MISCELLANEOUS. All classifications not otherwise provided for, nineteen cents ($0.19) per<br />

usable square foot.<br />

VII. HOTELS AND MOTELS. Two-hundred seventy dollars ($270.00) per guestroom per year for guestrooms<br />

without assigned parking spaces.<br />

VIII. MISCELLANOUS EXEMPT BUSINESSES AND RESIDENCES. Residences, alleys, private parking, and<br />

businesses engaged in auto repairing, servicing or sales, and warehousing and manufacturing, shall be exempt from<br />

the additional annual business assessment, provided that the business described in this section shall be subject to the<br />

additional assessment for the portion <strong>of</strong> business area devoted to <strong>of</strong>fice space or retail sales in connection with that<br />

business. (Ord. 5521, 2010.)<br />

4.37.050 Exclusions.<br />

A. CALCULATION OF GROSS FLOOR AREA. In instances where the assessment is computed on the basis <strong>of</strong><br />

square footage, for purposes <strong>of</strong> computation <strong>of</strong> the assessment there shall be excluded any unoccupied or unusable<br />

area and, with respect to area occupied for a portion <strong>of</strong> the assessment period, there shall be excluded the portion <strong>of</strong><br />

the area equal to the portion <strong>of</strong> the period during which the area was unoccupied.<br />

B. EXCLUSIONS FROM CALCULATIONS. For the purpose <strong>of</strong> computing the square footage on which the<br />

assessment is computed for telephone and telegraph businesses, there shall be excluded in addition to the exclusions<br />

provided in subsection (a), all areas occupied by telephone or telegraph equipment used in interstate commerce, and<br />

any area not clearly devoted to intrastate activities to the end that interstate commerce shall not be unreasonably<br />

burdened by the assessment herein provided. (Ord. 4719, 1991.)<br />

4.37.060 Off-premises Businesses.<br />

Businesses within the combined zone <strong>of</strong> charge which have gross sales transactions which are originated,<br />

negotiated and executed <strong>of</strong>f the main business premises shall be designated "<strong>of</strong>f-premises businesses" if at least<br />

thirty-five percent (35%) <strong>of</strong> such sales transactions are so consummated. Off-premises business shall be assessed on<br />

the basis <strong>of</strong> the gross sale transactions originated, negotiated or executed on the premises. (Ord. 4719, 1991.)<br />

4.37.080 Credit Against Additional Annual Business Assessment.<br />

Each business within the combined zone <strong>of</strong> charge shall be entitled to a credit against this assessment representing<br />

the percentage <strong>of</strong> the required on site parking which each such business provides. The credit for each business shall<br />

be limited to a maximum <strong>of</strong> seventy-five percent (75%) <strong>of</strong> the annual assessment assessed for that business. For the<br />

purposes <strong>of</strong> computing the percentage credit, the amount <strong>of</strong> required parking shall be determined based on the gross<br />

floor area <strong>of</strong> the business. To qualify for the credit, parking areas provided by businesses must be improved to the<br />

current standards <strong>of</strong> the <strong>City</strong>, be open to patrons <strong>of</strong> the business and shall be located within two hundred fifty feet<br />

(250') <strong>of</strong> the business claiming the credit. (Ord. 4719, 1991.)<br />

4.37.090 Payment When.<br />

The assessments collected pursuant to this ordinance shall be payable on or before the 15th day following the<br />

close <strong>of</strong> each calendar quarter, and shall be based upon the gross sales, square feet <strong>of</strong> gross floor area, gross deposits,<br />

or number <strong>of</strong> persons, as the case may be, for such preceding calendar quarter. Assessments shall be delinquent after<br />

the last day <strong>of</strong> the month which follows the end <strong>of</strong> a calendar quarter.<br />

Payments shall be accompanied by returns, on forms provided by the <strong>City</strong> Finance Director. Each owner or<br />

operator <strong>of</strong> a business shall correctly fill in the return, sign the same and certify under penalty <strong>of</strong> perjury that the<br />

contents are true and correct.<br />

If a person is not in business for a full calendar quarter and the assessment is not based upon gross sales, the<br />

amount <strong>of</strong> assessment shall be pro-rated according to the proportion <strong>of</strong> the quarter in which he was engaged in<br />

business.<br />

Notwithstanding the foregoing provisions, if a person ceases to engage in business, the assessment shall become<br />

due immediately and shall become delinquent thirty (30) days thereafter. (Ord. 4719, 1991.)<br />

4.37.100 Failure to Pay Assessment - Penalty.<br />

For the failure to pay a assessment on or before the delinquency date, the <strong>City</strong> Finance Director shall add a penalty<br />

<strong>of</strong> ten percent (10%), and he shall add an additional penalty <strong>of</strong> ten percent (10%) at the end <strong>of</strong> each thirty (30) day<br />

period thereafter; provided, that the amount <strong>of</strong> such penalty to be added shall in no event exceed fifty percent (50%)<br />

<strong>of</strong> the assessment to which the penalty rates herein provided for have been applied. (Ord. 4719, 1991.)<br />

78-3 rev. 6/30/10

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!