Alhambra Municipal Code Ch. 12.32 Parking and Business Improvement Areas

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ADDITIONAL TAX OR LEVY. The rate of increase or additional levy of the business license tax established pursuant to the provisions of this chapter and of the Parking and Business Improvement Area Law of 1965, Cal. Sts. & High. Code §§ 36000 et seq., for businesses conducting their activities within a parking and business improvement area, in addition to the regular business license tax imposed upon various businesses generally.

BUSINESS. All types of businesses, including professions.

PARKING AND BUSINESS IMPROVEMENT AREAS. An area designated as provided in this chapter and in the Parking and Business Area Law of 1965, as set forth in Cal. Sts. & High. Code §§ 36000 et seq.

('86 Code, § 12.32.010) (Ord. 3346, passed - - )

(A) Benefit to business. The City Council hereby finds and determines that the uses set forth in division (C) herein are of substantial economic benefit to business establishments located within the areas.

(B) Proportional assessments. The City Council hereby further finds and determines that the benefits thereof to such business establishments vary in relation to the size and volume of business of such business establishments and, for that reason, it is fair and equitable to use as a standard in computing the amount of the assessment to be levied for this purpose a multiple of the business license levied against such business establishments under the provisions of Chapter 5.04 of this code.

(C) Use. The purpose and intent of this chapter is to impose an additional tax or levy upon the owners of those businesses in a parking and business improvement area which is in addition to the general business license tax imposed upon various businesses within the city and to use the proceeds from such additional special assessment for any one or more of the following purposes:

(1) The acquisition, construction or main-tenance of parking facilities for the benefit of the area.

(2) Decoration of any public place in the area.

(3) Promotion of public events which are to take place on or in public places in the area.

(4) Furnishing of music in any public place in the area.

(5) The general promotion of retail trade activities in the area.

(D) Authority for establishment of areas. In adopting this chapter and in establishing any parking and business improvement area hereunder the City Council intends to, and does, utilize and rely upon all powers which it may have under its Freeholder's Charter and also all powers which it may have under the Parking and Business Improvement Area Law of 1965, as set forth in Cal. Sts. & High. Code §§ 36000 et seq.

('86 Code, § 12.32.020) (Ord. 3346, passed - - ; Am. Ord. 3613, passed - - )

Whenever this chapter provides for a hearing and a notice therefor, such notice shall be given as follows:

(A) One publication in a newspaper published and circulated in the city.

(B) Mailing of such notices, postage prepaid, in a sealed envelope, by the United States mail, addressed to all businesses which conduct activities within any proposed or established parking and business improvement area, as shown upon the active business licenses on file in the office of the Director of Finance.

(C) Both publication and mailing of notices shall be completed at least ten days prior to the holding of any hearing required by this chapter, and such notices shall contain the designation of the time and place of the hearing and a statement describing the subject matter of such hearing. In the case of any hearing upon a resolution of intention, a complete copy of the resolution of intention shall be published and mailed as provided in this section.

('86 Code, § 12.32.030) (Ord. 3346, passed - - )

The City Council may establish a parking and business improvement area by the following procedure:

(A) The City Council shall adopt a resolution of intention to establish a parking and business improvement area, which resolution shall contain the following information:

(1) A description of the boundaries of the proposed area.

(2) The time and place when a hearing shall be held by the City Council to consider the establishment of a parking and business improvement area.

(3) The proposed use to which the additional revenues shall be put.

(4) The initial rate of increase, or additional levy, of the license tax, with a breakdown by class of business if such classification is to be used.

(B) Notice of the hearing provided for by the resolution of intention shall be published and mailed in accordance with § 12.32.030 hereof. Such notice shall, however, include a complete copy of the resolution of intention to establish a parking and business improvement area.

(C) At the time set for such hearing, the City Council shall hear all protests and receive evidence for or against the proposed action. The City Council shall also rule upon all protests, and the determination of the City Council thereon shall be final. The City Council may continue the hearing from time to time.

(D) The Council may, however, modify the boundaries of the district as described in the resolu-tion of intention. If the City Council decides to change the boundaries of the proposed area the hearing shall be continued to a time at least 15 days after such decision, and notice shall be given as provided in § 12.32.030 hereof, showing the boundary amendments, but no additional resolution of intention shall be required.

(E) All proceedings shall terminate if protest is made by businesses in the proposed area which pay a majority of the taxes within the area under the general business license tax set forth in Chapter 5.04 of this code.

(F) If the City Council, following the hearing, decides to establish the proposed area, it shall adopt an ordinance to that effect. The ordinance shall contain the following information:

(1) The number, date and title of the resolution of intention pursuant to which it was adopted.

(2) The time and place the hearing was held concerning the formation of such district.

(3) A description of the boundaries of such district.

(4) A statement that the businesses in the area established by the ordinance shall be subject to the provisions of the additional tax provided in this chapter.

(5) The initial rate of increase, or additional levy, of the license tax to be imposed, together with a breakdown by classification of business, if such classification is used.

(6) A statement that a parking and business improvement area has been established.

(7) The uses to which the additional revenue shall be put.

('86 Code, § 12.32.040) (Ord. 3346, passed - - )

(A) Amount of tax. There is hereby levied and imposed upon the owner of each business located in any such area, and which is subject to the business license tax imposed by the provisions of Chapter 5.04, an additional tax or levy in an amount which shall be a multiple of the general business license tax set forth in § 5.04.201 of this code as specified in the ordinance establishing such area. Different multiples may be applied to various classifications of businesses. Any such additional tax or levy shall be in addition to such business license tax.

(B) Exemptions. Any business, person or institution located within the parking and business improvement area which is exempt from the payment of a business license tax by the state constitution shall not be taxed under this chapter, but may make a voluntary contribution. Such contributions shall be used for the purposes provided for by this chapter. Any business required to pay a business license tax may also make contributions in excess of the amount provided for herein to be used for the purposes provided for by this chapter.

('86 Code, § 12.32.050) (Ord. 3346, passed - - ; Am. Ord. 3613, passed - - ; Am. Ord. 4074, passed - - )

(A) The additional tax hereby levied shall be due and payable at the same time and in the same manner as the business license tax imposed by the provisions of Chapter 5.04 of this code.

(B) Penalties for the late payment of such additional tax shall be levied at the same rate and in the same manner as those penalties imposed by Chapter 5.04 of this code for business license tax.

('86 Code, § 12.32.060) (Ord. 3346, passed - - ; Am. Ord. 3613, passed - - )

No business license shall be issued pursuant to Chapter 5.04 of this code unless and until the additional tax imposed by this chapter is paid together with the tax for such business license.

('86 Code, § 12.32.065) (Ord. 3613, passed - - )

The City Council shall have sole discretion as to how the money derived from this additional tax or levy is to be used within the scope of the above purposes; however, the City Council may appoint existing advisory boards or commissions to make recommendations as to its use, or the Council may create new advisory boards or commissions for the purpose. The additional tax levied hereunder shall be used for the purposes specified in this chapter and in the ordinance establishing any such area, and the proceeds shall not be used for any other purpose.

('86 Code, § 12.32.070) (Ord. 3346, passed - - )

Changes may be made in the additional tax or levy or in the uses to which the additional revenue shall be put, as specified in the ordinance establishing the area, by ordinance adopted after the hearing before the City Council. At least 15 days prior to the hearing required by this section, the City Council shall adopt a resolution of intention to change the additional tax or levy or the uses to which the additional revenue shall be put. The resolution shall specify the proposed change and shall give the time and the place of the hearing. Notice thereof shall be given in accordance with § 12.32.030 hereof.

('86 Code, § 12.32.080) (Ord. 3346, passed - - )

Changes may be made in the boundaries of any parking and business improvement area by following the procedure specified in this chapter for the original formation of any such parking and business improve-ment area.

('86 Code, § 12.32.090) (Ord. 3346, passed - - )

The City Council may disestablish a parking and business improvement area by ordinance after a hearing before the City Council. At least 15 days prior to the hearing, the City Council shall adopt a resolution of intention to disestablish any such area. The resolution of intention shall specify the time and place of hearing. Notice thereof shall be given as provided in § 12.32.030.

('86 Code, § 12.32.100) (Ord. 3346, passed - - )