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Municipal Code, Complete - City of Santa Barbara

Municipal Code, Complete - City of Santa Barbara

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Sections:<br />

4.38.010 Title and Establishment.<br />

4.38.020 Definitions.<br />

4.38.030 Improvement Area.<br />

4.38.040 Businesses Subject to Tax.<br />

4.38.050 Tax Rates and Due Dates.<br />

4.38.010 Title and Establishment.<br />

Chapter 4.38<br />

BUSINESS IMPROVEMENT AREA TAX<br />

4.38.060 Disputes, Late Payment Penalties<br />

and Collections.<br />

4.38.070 Uses.<br />

4.38.080 Severability.<br />

4.38.090 Suspension <strong>of</strong> Collection <strong>of</strong> Taxes.<br />

The tax imposed by this chapter shall be known as the "Business Improvement Area Tax". Pursuant to the<br />

provisions <strong>of</strong> Part 5 (commencing with Section 36000) <strong>of</strong> Division 18 <strong>of</strong> the Streets and Highways <strong>Code</strong> <strong>of</strong> the State<br />

<strong>of</strong> California, a business improvement area is hereby established. The intention to establish the improvement area is<br />

set forth in Resolution No. 8141, dated November 4, 1975, entitled, "A Resolution <strong>of</strong> the Council <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Santa</strong><br />

<strong>Barbara</strong> Declaring Its Intention to Establish a Business Improvement Area in the <strong>City</strong> <strong>of</strong> <strong>Santa</strong> <strong>Barbara</strong> Pursuant to<br />

the Parking and Business Improvement Area Law <strong>of</strong> 1965". A hearing on formation <strong>of</strong> said Business Improvement<br />

Area was held on November 18, 1975, at 2:00 p.m. in the Council Chambers, <strong>City</strong> Hall, <strong>Santa</strong> <strong>Barbara</strong>, California.<br />

The intention to alter the boundaries <strong>of</strong> the Business Improvement Area is set forth in Resolution No. 8288, dated<br />

September 21, 1976, entitled "A Resolution <strong>of</strong> the Council <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Santa</strong> <strong>Barbara</strong> Declaring Its Intention to<br />

Expand the Present Boundaries <strong>of</strong> the Business Improvement Area in the <strong>City</strong> <strong>of</strong> <strong>Santa</strong> <strong>Barbara</strong> Pursuant to the<br />

Parking and Business Improvement Area Law <strong>of</strong> 1965". A hearing on said amendment <strong>of</strong> the Business Improvement<br />

Area was held on October 5, 1976, at 2:00 p.m., in the Council Chambers, <strong>City</strong> Hall, <strong>Santa</strong> <strong>Barbara</strong>, California. (Ord.<br />

3867, 1976; Ord. 3811, 1975.)<br />

4.38.020 Definitions.<br />

Words used in this chapter shall be defined as set forth in Chapter 5.04 <strong>of</strong> the <strong>Santa</strong> <strong>Barbara</strong> <strong>Municipal</strong> <strong>Code</strong><br />

unless the context requires a different meaning. (Ord. 3811, 1975.)<br />

4.38.030 Improvement Area.<br />

The Business Improvement Area is the area within the area bounded by Anacapa, Chapala, Micheltorena and<br />

Ortega Streets and the businesses fronting the area bounded by said streets and businesses fronting on the<br />

intersections <strong>of</strong> said streets except that the area south <strong>of</strong> the centerline <strong>of</strong> Ortega Street is not included. (Ord. 3867,<br />

1976; Ord. 3811, 1975.)<br />

4.38.040 Businesses Subject to Tax.<br />

Every business subject to Section 5.04.390, Classification "A", <strong>of</strong> the business tax is subject to and shall pay the<br />

tax established by this Chapter. (Ord. 3811, 1975.)<br />

4.38.050 Tax Rates and Due Dates.<br />

(a) Tax Rates.<br />

(1) For businesses subject to Section 5.04.390, Classification "A" for the entire or a portion <strong>of</strong> the preceding<br />

calendar year, the annual tax imposed by this chapter shall be the same amount required to be paid during the<br />

preceding year by each such business pursuant to Section 5.04.390, Classification "A" <strong>of</strong> the <strong>Santa</strong> <strong>Barbara</strong> <strong>Municipal</strong><br />

<strong>Code</strong>.<br />

(2) For each new business, the tax for the remainder <strong>of</strong> the calendar year shall be the amount required to be<br />

paid under the business tax <strong>of</strong> Section 5.04.390, Classification "A", divided by 12 and multiplied by the number <strong>of</strong><br />

months in said calendar year.<br />

For purposes <strong>of</strong> this section, the number <strong>of</strong> months to be counted in determination <strong>of</strong> the tax for a portion <strong>of</strong> a<br />

calendar year shall be determined by counting as the first month the month during which the business permit is issued<br />

under Chapter 5.04 <strong>of</strong> the <strong>Santa</strong> <strong>Barbara</strong> <strong>Municipal</strong> <strong>Code</strong>.<br />

(b) Due Dates. The annual tax imposed by this chapter for all businesses doing business during all or part <strong>of</strong> the<br />

preceding calendar year shall be due and delinquent after February 1 <strong>of</strong> each year. For all new businesses the tax for<br />

the remainder <strong>of</strong> the calendar year shall be due at the same time the annual business tax imposed by Chapter 5.04 is<br />

due. (Ord. 3811, 1975.)<br />

4.38.060 Disputes, Late Payment Penalties and Collections.<br />

Disputes as to amount shall be resolved, penalties for late payment shall be imposed and collection shall be<br />

effected at the same rates and utilizing the same methods established under Chapter 5.04 <strong>of</strong> the <strong>Santa</strong> <strong>Barbara</strong><br />

<strong>Municipal</strong> <strong>Code</strong>. (Ord. 3811, 1975.)<br />

79 rev. 3/31/92

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