Municipal Code, Complete - City of Santa Barbara

E. BUSINESSES ESTABLISHED AFTER CREATION OF AREA. For each business established after the
effective date of the ordinance creating the Downtown Parking and Business Improvement Area, the charge for the
remainder of the calendar year shall be the amount set forth in Subsections A through D above, divided by twelve
(12) and multiplied by the number of months remaining in said calendar year. For purposes of this Subsection, (i) a
month is considered "remaining" if the business is established on or before the fifteenth day of that month; and (ii) a
business is "established" on the date of issuance of the City business license or the date business commences,
whichever occurs first.
F. DUE DATES. The annual charge imposed by this Chapter for all businesses doing business during all or
part of the preceding calendar year shall be due and delinquent after February 1 of each year. For all new businesses,
the charge for the remainder of the calendar year shall be due at the same time the annual business tax imposed by
Chapter 5.04 is due. (Ord. 4332, 1985.)
4.39.060 Disputes, Late Payment Penalties and Collections.
Disputes as to amount shall be resolved, penalties for late payment shall be imposed and collection shall be
effected at the same rates and utilizing the same methods established under Chapter 5.04. (Ord. 4332, 1985.)
4.39.070 Uses.
Charges so collected from this Area pursuant to this Chapter shall be used only for promotion of businesses in the
Area (which may include payment of costs to the City for administration of this Chapter) by:
A. Decoration of any public place in the Area.
B. Promotion of public events which are to take place in or on public places in the Area.
C. Furnishing of music in any public place in the Area.
D. The general promotion of retail trade activities in the Area. (Ord. 4332, 1985.)
4.39.080 Finding of Benefit.
The City Council finds that the businesses lying within the Area will be benefitted by expenditure of funds raised
by charges that are proposed to be levied in the Area. (Ord. 4332, 1985.)
4.39.090 Severability.
If any section, subsection, paragraph, subparagraph, sentence, clause or phrase of this Chapter, or the application
thereof to any person or circumstance, is for any reason held invalid, the validity of the remainder of this Chapter, or
the application of such provision to other persons or circumstances, shall not be affected thereby. (Ord. 4332, 1985.)
4.39.100 Charges for 1985 Calendar Year.
A. BUSINESSES REQUIRED TO PAY TAX UNDER CHAPTER 4.38. A business that is required to pay the
business improvement area tax pursuant to Chapter 4.38 will be exempted from payment of the charge for the 1985
calendar year. However, a business that has not paid all taxes required by Chapter 4.38 and all applicable penalties
shall continue to be obligated to do so.
B. BUSINESSES ESTABLISHED PRIOR TO THIS AREA, BUT NOT OBLIGATED TO PAY TAX
PURSUANT TO CHAPTER 4.38. A business that (i) is established (within the meaning of Subsection E of Section
4.39.050) prior to the date that the ordinance creating the Downtown Parking and Business Improvement Area is
effective and (ii) is not required to pay the business improvement area tax pursuant to Chapter 4.38 shall pay charges
set forth in Section 4.39.050, subject to a reduction for the portion of the calendar year that has elapsed. The charge
for the remaining portion of the calendar year shall be the amount set forth in Section 4.39.050, divided by twelve
(12) and multiplied by the number of months remaining in the calendar year. If the ordinance establishing the
Downtown Parking and Business Improvement Area is effective on or before the fifteenth day of a month, that month
shall be counted as a month remaining in the year. If said ordinance becomes effective after the fifteenth day of a
month, that month shall not be counted as a month remaining in the year.
C. BUSINESSES ESTABLISHED AFTER CREATION OF THIS AREA. A business established (within the
meaning of Subsection E of Section 4.39.050) after the effective date of the ordinance creating the Downtown
Parking and Business Improvement Area shall pay the charges set forth in Section 4.39.050. (Ord. 4332, 1985.)
4.39.110 Subject to Amendments.
Businesses located in the Downtown Parking and Business Improvement Area shall be subject to any amendments
to Part 6 (commencing with Section 36500) of Division 18 of the California Streets and Highways Code. (Ord. 4332,
1985.)
80 rev. 1/4/94