San Fernando Municipal Code Div. 3 Area B

The proceedings taken in this division are taken pursuant to the authority of the Parking and Business Improvement Area Law of 1965, as added to the Streets and Highways Code by Statutes 1965, chapter 241 (Streets and Highways Code § 36000 et seq.).

(Code 1957, § 15A.19)

This division is adopted pursuant to that certain resolution of intention adopted by the city council, being Resolution No. 4298, adopted October 7, 1968, and entitled "A Resolution of the Council of the City of San Fernando declaring its intention to form a parking and business improvement area to be known as Parking and Business Improvement Area B of the City of San Fernando, fixing the time and place for hearing, and ordering the giving of notice thereof," which resolution of intention was adopted by the city council and proceedings thereunder taken pursuant to the authority of such Parking and Business Improvement Area Law of 1965.

(Code 1957, § 15A.20)

Resolution No. 4298 was published and mailed as provided by law, and a hearing thereon was held by the city council on October 29, 1968, at the hour of 7:30 p.m. in the council chambers of the city council in the City Hall, 117 Macneil Street, San Fernando, California.

(Code 1957, § 15A.21)

At the hearing provided for by Resolution No. 4298 and, as set forth in section 62-133, all persons desiring to be heard were heard and all protests and objections made or filed were fully heard, and such have been overruled and denied by order of the city council entered on its minutes, and the hearing has been duly concluded.

(Code 1957, § 15A.22)

The city council has determined, by order entered on its minutes, that objections or protests objecting to and protesting the formation of parking and business improvement area B have not been made by businesses in the proposed area, which pay a majority of the fees within the area under article II of chapter 22 of this Code.

(Code 1957, § 15A.23)

The name of the parking and business improvement area created and established in this division is Parking and Business Improvement Area B of the City of San Fernando, sometimes referred to as "area."

(Code 1957, § 15A.24)

A description of the exterior boundaries of the parking and business improvement area B of the city created and established in this division is as follows:

That portion of the City of San Fernando, County of Los Angeles, State of California, bounded as follows: beginning at the intersection of the centerline of Truman Street, 80 feet wide, and the centerline of S. Workman Street, 60 feet wide; thence southwesterly along the centerline of S. Workman Street to the centerline of Celis Street, 60 feet wide; thence southeasterly along the centerline of Celis Street to the centerline of Kalisher Street, 60 feet wide; thence southwesterly along the centerline of Kalisher Street to the centerline of Pico Street, 60 feet wide; thence southeasterly along the centerline of Pico Street to the centerline of S. Brand Boulevard, 130 feet wide; thence northeasterly along the centerline of S. Brand Boulevard to the centerline of Celis Street, 60 feet wide; thence southeasterly along the centerline of Celis Street to the centerline of Chatsworth Drive, 60 feet wide; thence northeasterly along the centerline of Chatsworth Drive to the centerline of San Fernando Road, 80 feet wide; thence northwesterly along the centerline of San Fernando Road to the centerline of Kittridge Street, 60 feet wide; thence northeasterly along the centerline of Kittridge Street to the southeasterly prolongation of the northeasterly line of lots 1 to 6 inclusive of tract no. 4687 as per map recorded in book 62, page 37, of maps, in the office of the county recorder; thence northwesterly along such southeasterly prolongation, such northeasterly line and the northwesterly prolongation thereof to the centerline of S. Brand Boulevard; thence northeasterly along the centerline of S. Brand Boulevard to the southwesterly line of the 100-foot-wide right-of-way of Southern Pacific Railroad Company; thence northwesterly along the southwesterly line to the southeasterly line of lot A in block M of Boruff Tract as per map recorded in book 16, page 171, of maps; thence southwesterly along the southeasterly line of lot A, block M, Boruff Tract, and along the southwesterly prolongation of the southeasterly line of lot A to the centerline of Truman Street, 80 feet wide; thence northwesterly along the centerline of Truman Street to the point of beginning.

(Code 1957, § 15A.25)

For the purposes set forth in section 62-139, separate benefit zones, based upon the degree of benefit derived from the purpose, are created and established, which benefit zones shall be known respectively as zone 1 and zone 2, and which zones are respectively described as follows:

(1) Zone 1. That portion of the City of San Fernando, County of Los Angeles, State of California, bounded as follows:

Beginning at the intersection of the centerline of Mission Boulevard with the northwesterly prolongation of the southwest line of the northeast 24 feet of the northwest eight feet of lot 13 in tract no. 9589, as per map recorded in book 160, page 48, of maps; thence southeast along the prolongation and the southwest line to the southeast line of the northwest eight feet of lot 13, tract no. 9589; thence northeast along such southeast line 24 feet to the northeast line of lot 13; thence southeasterly along the northeast line of lots 1 to 13 in tract no. 9589, and along the northeast line of lots 28 to 32 in tract no. 3674 as per map recorded in book 47, page 42, of maps to the most easterly corner of lot 28; thence southwesterly along the southeasterly line of lot 28 six feet; thence southeasterly parallel with the northeast line of lots 28 to 32, tract no. 3674, and its southeasterly prolongation, to the centerline of Maclay Avenue, 80 feet wide; thence northeasterly along the centerline of Maclay Avenue six feet to the southeasterly prolongation; thence southeasterly along the prolongation and along the northeast line of lots 3 to 26, inclusive, of tract no. 3674 to the most easterly corner of lot 3; thence southwesterly along the southeasterly line of lot 3, 58 feet; thence southeasterly parallel with the northeast line of lots 1 and 2 in tract no. 3674 and its southeasterly prolongation to the centerline of Brand Boulevard; thence northeasterly along the centerline of Brand Boulevard to the northwesterly prolongation of the northeast line of lots 1 to 6 of tract no. 4687, as per map recorded in book 62, page 37, of maps; thence along such northwesterly prolongation, the northeast line and its southeasterly prolongation to the centerline of Kittridge Street; thence southwesterly along the centerline of Kittridge Street to the centerline of San Fernando Road; thence southeasterly along the centerline of San Fernando Road to the centerline of Chatsworth Drive; thence southwesterly along the centerline of Chatsworth Drive to the southeasterly prolongation of the northeast line of the southwest 40 feet of lot 130 of tract no. 2824, as per map recorded in book 28, pages 36 and 37, of maps; thence northwesterly along such prolongation and the northeast line to the northwest line of the southeast 33.33 feet of lot 130; thence southwesterly along the northwest line 40 feet to the southwest line of lot 130; thence northwesterly along the southwest line and the southwest line of lot 126 in tract no. 2824, 134 feet to the southeast line of the northwest 99.17 feet of lot 126; thence northeasterly along the last-mentioned southeast line 45 feet; thence northwesterly parallel with the southwest line of lot 126 and its northwesterly prolongation to the centerline of Brand Boulevard; thence southwesterly along the centerline of Brand Boulevard to the southeasterly prolongation of the southwest line of lot 2 of tract no. 2824; thence northwesterly along the last-mentioned southeasterly prolongation, along the southwest line of said lot 2, tract no. 2824 and the northwesterly prolongation thereof to the southwesterly prolongation of the southeast line of lot 17 in block 4 of Porter Land & Water Co.'s Resurvey of the Town of San Fernando as per map recorded in book 34, pages 65 and 66, of miscellaneous records; thence northeast along such southwesterly prolongation and the southeast line 39.5 feet; thence northwesterly parallel with the southwest line of lot 17 and the northwesterly prolongation thereof to the centerline of Maclay Avenue; thence southwesterly along the centerline 39.5 feet to the southeast prolongation of the southwest line of lots 1 to 20 inclusive in block 5 of Porter Land & Water Co.'s Resurvey; thence northwesterly along such prolongation, the southwest line and its northwesterly prolongation to the centerline of Mission Boulevard; thence northeasterly along the centerline of Mission Boulevard to the point of beginning.

(2) Zone 2. That portion of the City of San Fernando, County of Los Angeles, State of California, bounded as follows:

That portion of the City of San Fernando, County of Los Angeles, State of California, bounded as follows: beginning at the intersection of the centerline of Truman Street, 80 feet wide, and the centerline of S. Workman Street, 60 feet wide; thence southwesterly along the centerline of S. Workman Street to the centerline of Celis Street, 60 feet wide; thence southeasterly along the centerline of Celis Street to the centerline of Kalisher Street, 60 feet wide; thence southwesterly along the centerline of Kalisher Street to the centerline of Pico Street, 60 feet wide; thence southeasterly along the centerline of Pico Street to the centerline of S. Brand Boulevard, 130 feet wide; thence northeasterly along the centerline of S. Brand Boulevard to the centerline of Celis Street, 60 feet wide; thence southeasterly along the centerline of Celis Street to the centerline of Chatsworth Drive, 60 feet wide; thence northeasterly along the centerline of Chatsworth Drive to the centerline of San Fernando Road, 80 feet wide; thence northwesterly along the centerline of San Fernando Road to the centerline of Kittridge Street, 60 feet wide; thence northeasterly along the centerline of Kittridge Street to the southeasterly prolongation of the northeasterly line of lots 1 to 6 inclusive of tract no. 4687 as per map recorded in book 62, page 37, of maps, in the office of the county recorder; thence northwesterly along such southeasterly prolongation, the northeasterly line and the northwesterly prolongation thereof to the centerline of S. Brand Boulevard; thence northeasterly along the centerline of S. Brand Boulevard to the southwesterly line of the 100-foot-wide right-of-way of Southern Pacific Railroad Company; thence northwesterly along the southwestern line to the southeasterly line of lot A in block M of Boruff Tract, as per map recorded in book 16, page 171, of maps; thence southwesterly along the southeasterly line of lot A, block M, Boruff Tract, and along the southwesterly prolongation of the southeasterly line of lot A to the centerline of Truman Street, 80 feet wide; thence northwesterly along the centerline of Truman Street to the point of beginning.

EXCEPT that portion thereof within the following described boundaries: beginning at the intersection of the centerline of Mission Boulevard with the northwesterly prolongation of the southwest line of the northeast 24 feet of the northwest eight feet of lot 13 in tract no. 9589, as per map recorded in book 160, page 48, of maps; thence southeast along such prolongation and the southwest line to the southeast line of the northwest eight feet of lot 13, tract no. 9589; thence northeast along the southeast line 24 feet to the northeast line of lot 13; thence southeasterly along the northeast line of lots 1 to 13 in tract no. 9589 and along the northeast line of lots 28 to 32 in tract no. 3674, as per map recorded in book 47, page 42, of maps, to the most easterly corner of lot 28; thence southwesterly along the southeasterly line of lot 28 six feet; thence southeasterly parallel with the northeast line of lots 28 to 32, tract 3674, and its southeasterly prolongation to the centerline of Maclay Avenue, 60 feet wide; thence northeasterly along the centerline of Maclay Avenue six feet to the southeasterly prolongation; thence southeasterly along such prolongation and along the northeast line of lots 3 to 26, inclusive, of tract no. 3674 to the most easterly corner of lot 3; thence southwesterly along the southeasterly line of lot 3, 58 feet; thence southeasterly parallel with the northeast line of lots 1 and 2 in tract no. 3674 and its southeasterly prolongation to the centerline of Brand Boulevard; thence northeasterly along the centerline of Brand Boulevard to the northwesterly prolongation of the northeast line of lots 1 to 6 of tract no. 4687, as per map recorded in book 62, page 37, of maps; thence along such northwesterly prolongation, the northeast line and its southeasterly prolongation to the centerline of Kittridge Street; thence southwesterly along the centerline of Kittridge Street to the centerline of San Fernando Road; thence southeasterly along the centerline of San Fernando Road to the centerline of Chatsworth Drive; thence southwesterly along the centerline of Chatsworth Drive to the southeasterly prolongation of the northeast line of the southwest 40 feet of lot 130 of tract no. 2824, as per map recorded in book 28, pages 36 and 37 of maps; thence northwesterly along such prolongation and the northeast line to the northwest line of the southeast 33.33 feet of lot 130; thence southwesterly along the northwest line 40 feet to the southwest line of lot 130; thence northwesterly along the southwest line and the southwest line of lot 126 in tract no. 2824, 134 feet to the southeast line of the northwest 99.17 feet of lot 126; thence northeasterly along the last-mentioned southeast line 45 feet; thence northwesterly parallel with the southwest line of lot 126 and its northwesterly prolongation to the centerline of Brand Boulevard; thence southwesterly along the centerline of Brand Boulevard to the southeasterly prolongation of the southwest line of lot 2 of tract no. 2824; thence northwesterly along the last-mentioned southeasterly prolongation, along the southwest line of lot 2, tract no. 2824, and the northwesterly prolongation thereof to the southwesterly prolongation of the southeast line of lot 17 in block 4 of Porter Land & Water Co.'s Resurvey of the Town of San Fernando, as per map recorded in book 34, pages 65 and 66 of miscellaneous records; thence northeast along such southwesterly prolongation and the southeast line 39.5 feet; thence northwesterly parallel with the southwest line of lot 17 and the northwesterly prolongation thereof to the centerline of Maclay Avenue; thence southwesterly along the centerline 39.5 feet to the southeast prolongation of the southwest line of lots 1 to 20, inclusive, in block 5 of the Porter Land & Water Co.'s Resurvey; thence northwesterly along such prolongation, the southwest line and its northwesterly prolongation to the centerline of Mission Boulevard; thence northeasterly along the centerline of Mission Boulevard to the point of beginning.

(Code 1957, § 15A.26)

(a) The uses to which the proceeds from the additional fee revenue realized from the rate of increase of or additional charge to the license fee, as provided in this division, will be put and in which zone of parking and business improvement area B are as follows:

(1) Purpose A. The general promotion of retail trade activity, including but not limited to the cleaning and maintenance of the San Fernando Road Pedestrian Mall and the San Fernando Road Pedestrian Mall Addition No. 1 (collectively sometimes referred to as "pedestrian mall"), general advertising and promotion, sales promotion activity, and special promotional literature in the following enumerated zones of the area (sometimes referred to as "purpose A"): zone 1 and zone 2.

(2) Purpose B. The furnishing of music in public places in the following enumerated zone in the area (sometimes referred to as "purpose B"): zone 1.

(3) Purpose C. The promotion of public events, including but not limited to such activities as art shows, festivals and public ceremonies, which are to take place on or in public places in the following enumerated zones in the area (sometimes referred to as "purpose C"): zone 1 and zone 2.

(4) Purpose D. The decoration of any public place, including but not limited to Christmas decorations and other decorations in the following enumerated zones in the area (sometimes referred to as "purpose D"): zone 1 and zone 2.

(5) Other purposes. After first deducting that percentage as established by resolution of the city council from all proceeds of the additional fee revenue realized from the rate of increase of or additional charge to the license fee, except for the proceeds realized from additional charges to the business license fee under subsection 62-142(1)a.5 of this division, as the cost of collection and administration, and the proceeds of the additional charge or fee derived under subsection 62-142(1)a.5 for maintenance of the pedestrian mall, the balance of all proceeds of the additional fee revenue realized from the rate of increase of or additional charge to the license fee shall be used by the city to pay contract fees to that entity with which the city has contracted to carry out and perform all other purposes enumerated in subsections (a)(1) through (4), inclusive, of this section.

The percentage of proceeds retained by the city shall be used for the purpose of defraying the cost of administration and the cost of collection of the rate of increase or additional charge of or to the license fee and the proceeds derived under subsection 62-142(1)a.5 of this division shall be used by the city to defray the cost of cleaning and maintenance of the pedestrian mall.

(b) This section shall take precedence and govern over any section of this article that might be in conflict with this section.

(Code 1957, § 15A.27)

(a) Classification of businesses generally. For the purpose of the rate of increase of or additional charge to the license fee, the various businesses located in parking and business improvement area B are classified in accordance with the following schedule:

(1) Class I, retail businesses, includes all businesses licensed under article II of chapter 22 of this Code as retail establishments, except when they are otherwise classified in this section.

(2) Class II, professional businesses, includes all those businesses generally recognized and considered as professional, including but not limited to attorneys at law, doctors, dentists, optometrists and accountants, except when such businesses are otherwise classified in this section.

(3) Class III, service businesses, includes barbers, beauticians, beauty parlors, utilities, real estate brokers, service stations, photographers, contractors, cleaners, laundries, garages and auto repairs, and other such similar service businesses, unless otherwise specifically set forth and classified in this section.

(4) Class IV, miscellaneous businesses, includes financial institutions, recreation activities, hotels and motels, apartments, insurance agents, bars, manufacturers and wholesalers, and all other businesses which do not fall into classes I through III, inclusive, or which do not have business licenses under article II of chapter 22 of this Code.

(b) Dispute of classification. Any questions arising as to the classification of any business shall be determined by the city clerk.

(c) Appeals. Any person aggrieved by any decision of the city clerk with respect to such classification may appeal to the council by filing a notice of appeal with the clerk of the council within five days from the date of the decision by the city clerk. The council shall thereupon fix a time and place for hearing such appeal. The clerk of the council shall give notice to such person of the time and place of hearing by serving notice personally or by depositing it in the United States Post Office in the city, postage prepaid, addressed to such person at his last known address. At the time of the hearing the council shall determine and rule upon the appeal, and its decision shall be final.

(Code 1957, § 15A.28)

All businesses within the boundaries of parking and business improvement area B, described in this division, not exempt by law, shall be subject to the provisions of the fee or additional fee imposed by this division.

(Code 1957, § 15A.29)

The initial rate of increase of or additional charge to the business license fee for each of the purposes set forth in subsections 62-139(a)(1) through (4), inclusive, on all businesses conducting their activities and on all persons, firms, corporations, organizations, lodges and institutions maintaining offices, quarters or meeting places in each of the zones in the area, which is in addition to the ordinary business license fee imposed upon such businesses by article II of chapter 22 of this Code, and in addition to the increase or additional charge of license fees imposed by Ordinance No. 912, adopted November 22, 1965, for the purpose of parking and business improvement area A of the city, is fixed and established at the rates as set forth in the following schedule:

(1) For purpose A of section 62-139.

a. Zone 1.

1. Class I businesses: 0.8594 times the ordinary business license fee.

2. Class II businesses: 0.22 times the ordinary business license fee.

3. Class III businesses: 0.4538 times the ordinary business license fee.

4. Class IV businesses: 0.1832 times the ordinary business license fee or a sum determined by and equal to the number of feet the business fronts on the pedestrian mall, multiplied by $1.50, whichever is the greater.

5. In addition to the rate of increase of or additional charge to the business license fee set forth in this subsection, all businesses and all persons, firms, corporations, institutions, organizations and lodges maintaining offices, quarters or meeting places occupying a building having frontage and/or abutting on the pedestrian mall shall be charged and shall pay an additional fee according to the following schedule, which additional charge shall be applicable to all classes of business set forth in this subsection. The following fee schedule shall be established:

i. For fiscal year 1990-91 (to be known as the base year), the fee shall be, for ground floor locations abutting on the pedestrian mall, equal to the number of feet fronting or abutting the pedestrian mall multiplied by $10.00. For other floors than the ground floor, the fee shall be $30.00 per business, firm, person, corporation, organization, lodge or institution.

ii. For fiscal year 1991-92, the base year fees shall be equally adjusted by a percentage sufficient to recover 50 percent of the expenditures of the line items in the city budget directly related to pedestrian mall maintenance.

iii. For fiscal year 1992-93, the base year fees shall be equally adjusted by a percentage sufficient to recover 75 percent of the expenditures of the line items in the city budget directly related to pedestrian mall maintenance.

iv. For fiscal year 1993-94 and beyond, the base year fees shall be equally adjusted by a percentage sufficient to recover 100 percent of the expenditures of the line items in the city budget directly related to pedestrian mall maintenance.

b. Zone 2.

1. Class I businesses: 0.5625 times the ordinary business license fee.

2. Class II businesses: 0.985 times the ordinary business license fee.

3. Class III businesses: 0.1998 times the ordinary business license fee.

4. Class IV businesses: 0.10 times the ordinary business license fee or a sum determined by and equal to the number of feet such business fronts on a public street, multiplied by $0.75, whichever is the greater.

(2) For purpose B of section 62-139.

a. Zone 1.

1. Class I businesses: 0.0688 times the ordinary business license fee.

2. Class II businesses: 0.0688 times the ordinary business license fee.

3. Class III businesses: 0.083 times the ordinary business license fee.

4. Class IV businesses: 0.0612 times the ordinary business license fee or a sum determined by and equal to the number of feet the business fronts on the pedestrian mall, multiplied by $0.50, whichever is the greater.

b. Zone 2. Increase or additional charge of or to the business license fee on businesses in this zone: none.

(3) For purpose C of section 62-139.

a. Zone 1.

1. Class I businesses: 0.1668 times the ordinary business license fee.

2. Class II businesses: 0.1143 times the ordinary business license fee.

3. Class III businesses: 0.1182 times the ordinary business license fee.

4. Class IV businesses: 0.0610 times the ordinary business license fee or a sum determined by and equal to the number of feet the business fronts on the pedestrian mall, multiplied by $0.50, whichever is the greater.

b. Zone 2.

1. Class I businesses: 0.084 times the ordinary business license fee.

2. Class II businesses: 0.0775 times the ordinary business license fee.

3. Class III businesses: 0.0666 times the ordinary business license fee.

4. Class IV businesses: 0.05 times the ordinary business license fee or a sum determined by and equal to the number of feet the business fronts on a public street, multiplied by $0.375, whichever is the greater.

(4) For purpose D of section 62-139.

a. Zone 1.

1. Class I businesses: 0.28 times the ordinary business license fee.

2. Class II businesses: 0.1469 times the ordinary business license fee.

3. Class III businesses: 0.17 times the ordinary business license fee.

4. Class IV businesses: 0.0612 times the ordinary business license fee or a sum determined by and equal to the number of feet the business fronts on the pedestrian mall, multiplied by $0.50, whichever is the greater.

b. Zone 2.

1. Class I businesses: 0.1035 times the ordinary business license fee.

2. Class II businesses: 0.0775 times the ordinary business license fee.

3. Class III businesses: 0.0666 times the ordinary business license fee.

4. Class IV businesses: 0.05 times the ordinary business license fee or a sum determined by and equal to the number of feet the business fronts on a public street, multiplied by $0.375, whichever is the greater.

(5) Upstairs businesses. Any business conducting its activities or any person, firm, corporation, organization, lodge or institution maintaining offices, quarters or meeting places on a floor other than the ground floor of any building fronting or abutting on the pedestrian mall or fronting on any public street shall be liable for the increase or additional charge of or to the business license fee imposed by this division to the same extent as though located on the ground floor; provided, however, that as to the additional charge of or to the business license fee under subsection (1)a.5 of this section, the amount of fee shall be $5.00 per year.

(6) Maximum fee.

a. One or first place of business. If the total rate of increase of or additional charge to the business license fee imposed by this division, under any one subsection or any combination of subsections of this section, excluding, however, the additional charge of or to the business license fee under subsection (1)a.5 of this section for any one place of business, shall equal or exceed the maximum for any one of the following places of business, such business shall be only liable for and pay the maximum:

1. Located in zone 1, maximum of $500.00 per year.

2. Located in zone 2, maximum of $300.00 per year.

b. Additional places of business in area. If any person, firm or corporation operates more than one place of business in the area, the place of business with the greatest gross receipts shall be considered for the purpose of this subsection as the first place of business and shall be liable for the maximum prescribed in subsection (6)a of this section, but as to each additional place of business in the area it will be governed by subsection (6)a of this section; provided, however, for each such additional place of business the maximum shall be as follows:

1. Located in zone 1, maximum of $150.00 per year.

2. Located in zone 2, maximum of $90.00 per year.

(Code 1957, § 15A.30)

Parking and business improvement area B of the city is fully constituted and established.

(Code 1957, § 15A.31)

The definitions and classifications of businesses, as set forth in this division, except as otherwise provided in this division, shall be determined by the definitions and classifications as set forth in article II of chapter 22 of this Code.

(Code 1957, § 15A.32)

Cross reference— Definitions generally, § 1-2.

The increase of or additional charge to the business license fee as provided in this division shall be due and payable at the same time and in the same manner as the ordinary business license fee, all as provided in article II of chapter 22 of this Code. Upon failure to pay the charge when due, the charge shall bear the same type of penalties as prescribed by article II of chapter 22 for the nonpayment of the ordinary business license fee.

(Code 1957, § 15A.33)

The collection of the increase of or additional charge to the business license fee charged and imposed by this division shall be made at the same time and in the same manner as the ordinary business license fee of the city under article II of chapter 22 of this Code, and such increase of or additional charge to the business license fee shall be computed in the manner provided in article II of chapter 22 for each business but according to the schedule set forth in this division.

(Code 1957, § 15A.34)

Any new business in parking and business improvement area B shall be assessed in accordance with its classification.

(Code 1957, § 15A.35)

Except as otherwise provided, any business, person or institution located within parking and business improvement area B which is exempt from the payment of the ordinary business license fee of the city because of the provisions of the United States or state constitutions is not to be charged under this division, but may make a voluntary contribution to the city. There is specifically excepted from the exemption contained in this section and nothing contained in this section shall be construed to exempt any business from the increase of or additional charge to the license fee charged and assessed under subsection 62-142(1)a.5 of this division (cleaning and maintenance of pedestrian mall). Any voluntary contribution made pursuant to this section shall be used for the purposes provided in this division.

(Code 1957, § 15A.37)