Lancaster Municipal Code Ch. 3.20 Downtown Parking and Business Improvement District

The recitals hereof, which set forth facts regarding the adoption of the resolution, the conduct of a public hearing and certain findings of this city council, are true and correct and incorporated herein by reference.

(Prior code § 6-9.1)

A parking and business improvement area to be known as the "downtown Lancaster business improvement district" (the "district") is established pursuant to the Parking and Business Improvement Area Law of 1979, Streets and Highway Code Section 36500 et seq. The boundaries of the district and the benefit zones within the district shall be as set forth on Exhibit A, set out at the end of this chapter.

(Prior code § 6-9.2)

All businesses, trades and professions located within the boundaries shown on Exhibit A, set out at the end of this chapter, shall, commencing January 1, 1990, pay a benefit assessment in addition to the city or other governmental entity, in the following amounts:

The benefit assessment shall be payable semiannually during each fiscal year, as provided in Section 3.20.080. The benefit assessment shall be prorated for the 1989/90 fiscal year.

(Prior code § 6-9.3)

No one shall be required to pay an assessment based on a residential use within the district.

(Prior code § 6-9.4)

Any new business established within the district shall not be required to pay an assessment hereunder for the year during which it commenced business, but the initial assessment payable by said business shall commence with the next succeeding fiscal year. This shall not be deemed to apply to an existing business that has changed ownership or location within the district.

(Prior code § 6-9.5)

For the purpose of calculating the amount of assessment owed, the following definitions shall apply:

"Fiscal year" means July 1st to June 30th of each year.

"Nonretail businesses" means professions and service businesses, as defined in this section, not meeting the definition of retail businesses and would include financial and lending institutions, hotels and motels.

"Professions" and "service businesses" mean and include general office, attorney, architects, physicians and others in a medical/health service field, news and advertising media, printers, photographers, real estate brokers, builders, service stations, repairing and servicing businesses, renting and leasing businesses, laboratories (including dental and optical), hearing aid services, utilities, artists and designers, vending machine businesses, and other businesses not included in the "retail" category, as defined in this section.

"Retail businesses" means and includes all businesses not covered by other definitions set out in this section at least fifty (50) percent of whose gross income is derived from "retail sales" as that term is defined in the California Sales and Use Tax Law. The fact that a substantial part of its business consists of other than retail sales does not exclude the business from this classification so long as such other business component does not account for more than fifty (50) percent of such business' gross income.

(Prior code § 6-9.6)

The purposes for which the funds raised by said benefit assessment shall be devoted to the statutory purposes set forth in Section 36500 of the act, or one or more of said purposes, which are as follows:

A. Acquisition, construction or maintenance of parking facilities for the benefit of the district;

B. Promotion of public events which are to take place on or in public places in the district;

C. Decoration of any public place in the district;

D. Furnishing of music in any public place in the district;

E. The general promotion of business activities in the district.

(Prior code § 6-9.7)

The benefit assessment authorized by this chapter shall be billed by the city as of January 1st and July 1st of each fiscal year and shall be paid within thirty (30) days thereafter. Each billing shall represent fifty (50) percent of the annual assessment.

(Prior code § 6-9.8)

This chapter shall take effect on January 1, 1990.

(Prior code § 6-9.9)

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