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Municipal Code, Complete - City of Santa Barbara

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(15) "Commercial Rental" means the renting, leasing or subletting <strong>of</strong> real property, either improved or<br />

unimproved for any use except residential use. (Ord. 3951, 1978; Ord. 3450 §1, 1970; Ord. 3196 §1, 1966; Ord. 2975<br />

§1(b), 1964; Ord. 2937 §1, 1963; Ord. 2930 §§1, 28(b), 29(b), 33(e), 1963.)<br />

5.04.020 Conformance to Zoning.<br />

No payment <strong>of</strong> tax under the provisions <strong>of</strong> this chapter shall be construed as permission to conduct or carry on a<br />

business at any place within the <strong>City</strong> where the conducting or carrying on <strong>of</strong> such business is prohibited by the<br />

Zoning Ordinance <strong>of</strong> the <strong>City</strong>. (Ord. 2937 §2(part), 1963; Ord. 2930 §1.1(a), 1963.)<br />

5.04.030 Nuisance Prohibited.<br />

No payment <strong>of</strong> tax under the provisions <strong>of</strong> this chapter shall be construed as permission to conduct or carry on a<br />

business in such a manner so as to create or maintain a nuisance. (Ord. 2937 §2(part), 1963; Ord. 2930 §1.1(b),<br />

1963.)<br />

5.04.040 Revenue Measure.<br />

The ordinance codified in this chapter is enacted solely to raise revenue for municipal purposes, and is not<br />

intended for regulation. (Ord. 2930 §2, 1963.)<br />

5.04.060 Compliance Required by Businesses.<br />

There are imposed upon the businesses specified and unspecified in this chapter taxes in the amounts prescribed,<br />

and it is unlawful for any person to transact and carry on any business in the <strong>City</strong> without first complying with any<br />

and all applicable provisions <strong>of</strong> this chapter, and each day such business is carried on without such compliance shall<br />

constitute a separate violation <strong>of</strong> this chapter. (Ord. 2930 §4(a), 1963.)<br />

5.04.070 Businesses Not Listed - Fee.<br />

Any person carrying on, either as principal or agent, any business in the <strong>City</strong> not herein specifically set forth shall<br />

pay the amount <strong>of</strong> the tax described herein provided for the business nearest corresponding to the nature <strong>of</strong> the<br />

business to be taxed. (Ord. 3747, 1975; Ord. 2930 §4(b), 1963.)<br />

5.04.080 Branch Establishments - Separate Tax.<br />

A separate tax must be paid for each branch establishment or separate place <strong>of</strong> business in which the business is<br />

carried on and each payment <strong>of</strong> tax shall authorize the payee to engage only in the business taxed at the location or in<br />

the manner designated in such receipt <strong>of</strong> payment, provided, that warehouses or businesses used exclusively in<br />

connection with and incidental to businesses taxed under this chapter shall not be deemed to be separate places <strong>of</strong><br />

business or branch establishments to the extent <strong>of</strong> such exclusive use. (Ord. 2930 §5(a), 1963.)<br />

5.04.090 Concessions.<br />

Every person who operates any business, whether upon a cost, rental or commission basis as a concession or upon<br />

rented floor space in or upon the premises <strong>of</strong> any person taxed under any provisions <strong>of</strong> this chapter, shall be required<br />

to pay a separate and independent tax pursuant to the appropriate provisions, and shall be subject to all provisions <strong>of</strong><br />

this chapter. (Ord. 2930 §5(b), 1963.)<br />

5.04.100 Location Change - Tax Validity - Procedure.<br />

A payment <strong>of</strong> tax under the provisions <strong>of</strong> this chapter shall be valid only for the business at the location for which<br />

the payment <strong>of</strong> tax was made and the receipt issued; provided, that upon notification made to the Tax and Permit<br />

Inspector <strong>of</strong> a proposed removal <strong>of</strong> such taxed business to a new location, when such move will be accomplished, and<br />

the address <strong>of</strong> such new location, such tax shall be valid for such business at the new location. (Ord. 2930 §6, 1963.)<br />

5.04.110 Civil Liability - Action by <strong>City</strong>.<br />

The amount <strong>of</strong> any tax imposed by this chapter shall be deemed a debt to the <strong>City</strong>, and any person carrying on any<br />

business without having paid a tax as herein required, shall be liable to an action in the name <strong>of</strong> the <strong>City</strong> in any court<br />

<strong>of</strong> competent jurisdiction, for the amount <strong>of</strong> tax by this chapter imposed on such business, together with all penalties<br />

then due thereon, and the sum <strong>of</strong> thirty-five dollars ($35.00) which, if judgment be recovered, shall be applied as<br />

attorney fees for the plaintiff and included and assessed as recoverable costs in the action. (Ord. 2930 §7(a), 1963.)<br />

91 rev. 6/30/94

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