Suisun City Municipal Code Ch. 3.40 Main Street-Waterfront Business Improvement District

The recitals hereof, which set forth facts regarding the adoption of council resolutions, the conduct of public hearings and certain findings of the city counci1, are true and correct and incorporated herein by reference.

(Ord. 667 § 1(part), 2003)

In order to distinguish between district businesses and for the purpose of calculating and applying the amount of assessments owed, the following definitions shall apply:

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

B. "Restaurant businesses" means and includes cafes, eating establishments, sandwich shops, dinner houses, restaurants and fast food services and other similar businesses;

C. "Sales and service businesses" means and includes businesses that combine retail and product services. Examples are appliance stores, most automotive-oriented businesses, repair shops, repairing and servicing businesses and service stations. Other businesses of a general service-type nature such as general office, news and advertising media, printers, renting and leasing businesses, utilities, vending machine businesses, household finance companies, entertainment businesses and other similar businesses not otherwise included in categories a, b, d, e, f, or g are included in this section;

D. "Personal care salons" means and includes beauty salons, barber shops, tanning salons, etc.

E. "Lodging businesses" means and includes inns, hotels, motels, RV Parks and other similar businesses;

F. "Professional businesses" means and includes attorneys, architects, accountants, engineers, surveyors, physicians, dentists, optometrists, chiropractors and others in a medical/health service field, consultants, real estate brokers, financial advisors, laboratories (including dental and optical), hearing aid services, artists, photographers and designers;

G. "Financial" institutions means and includes banks, savings and loans, credit unions, etc.

H. "Calendar year" means January first to and including December thirty-first of the same year;

I. "Billing period" means the fiscal year period beginning on July first and ending on June thirtieth of the following year;

J. "Payment of benefit assessment levy" shall refer to and be concurrent with the time(s) set forth for payment of all business license taxes as set forth in Chapter 5.04 of this code.

(Ord. 682 § 1(part), 2005; Ord. 667 § 1(part), 2003)

A parking and business improvement district is hereby established pursuant to the Parking and Business Improvement Area Law of 1989, Streets and Highways 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", attached hereto and incorporated herein by reference. This district shall be known as the "main street-waterfront business improvement district" (the "district").

(Ord. 667 § 1(part), 2003)

There shall be a board of directors ("BID board") of the district to administer the affairs of the district. Said board shall be constituted of businesses within the district. Within the BID board there shall be a president, vice-president, secretary and treasurer elected by the membership, and such other officers as deemed necessary by the board. Such other officers shall be appointed by the board of directors at their discretion.

(Ord. 667 § 1(part), 2003)

All businesses, trades, and professions located within the district boundaries shown on Exhibit "A" shall, commencing on January 1, 2021, pay an annual benefit assessment to the district in the following amounts:

DISTRICT ASSESSMENT FORMULA Proposed 2021 Benefit Fee Formula Matrix:

* Commencing February 5, 2021.

Business Type Definitions:

"Commercial cannabis business" means any retail or non-retail commercial operation that is licensed under the city's commercial cannabis ordinance.

"Financial institutions" means banking and savings and loan institutions as well as credit unions, etc.

"Lodging" means renting rooms by the day or week to community visitors.

"Personal services" means individuals/businesses that have their own business license and rent "stalls" or space within a building to provide personal services, such as hair dressers, barbers, massage therapists, and manicurists/pedicurists.

"Professional businesses" means architects, engineers, attorneys, dentists, doctors, accountants, optometrists, realtors, insurance offices, mortgage brokers and most other businesses that require advanced and/or specialized licenses and/or advanced academic degrees.

"Retail" and "restaurant" means businesses that buy and resell goods, examples are clothing stores, shoe stores, office supplies as well as businesses that sell prepared foods and drinks.

"Service businesses" means businesses that sell services. Examples are beauty and barber shops, repair shops, most automotive-oriented businesses, entertainment businesses such as theaters, etc.

(Ord. 667 § 1(part), 2003)

(Ord. No. 775, § 2, 11-17-2020; Ord. No. 778, § 2, 1-5-2021)

[Figure]

The types of improvements and activities proposed to be funded by the levy of assessments on businesses in the district are as follows:

A. The acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following improvements:

1. Benches;

2. Trash receptacles;

3. Decorations;

4. Facade improvements;

5. Permanent landscaping.

B. Activities including but not limited to the following:

1. Promotion of public events which benefit businesses in the area and which take place on or in public places within the area;

2. Furnishing of music in any public place in the area;

3. Activities which benefit businesses located and operating in the area, including but not limited to commercial shopping and promotional programs.

(Ord. 667 § 1(part), 2003)

No person or business shall be required to pay an assessment based on: (a) a residential use of the property within the district, or (b) a non-profit organization as defined by Section 501(C)(3) or (C)(6) of the Internal Revenue Service Code located within the district.

(Ord. 667 § 1(part), 2003)

Pro-ration of benefit assessment levy shall be applied in the same manner as pro-ration of business license taxes set forth in Section 5.04.070 of this code.

(Ord. 682 § 1(part), 2005: Ord. 667 § 1(part), 2003)

Payment of the benefit assessment levy for district businesses (Section 3.40.050 of this chapter), shall be a precondition to the issuance or renewal of the appropriate city business license as set forth in Chapter 5.04 of this code each fiscal year as prescribed by Chapter 5.04. Benefit assessment levy amount shall be due and payable at the times and in the manner prescribed for all business taxes as set forth in Chapter 5.04. Failure to pay the benefit assessment levy amount shall be deemed to be a violation of this chapter. Violations of this chapter shall be enforced in the same manner and are subject to the same penalties as set forth in Chapter 5.04. City will bill and collect the benefit assessment levy at no charge to the district and forward all funds collected to the BID board within thirty days of said collections.

(Ord. 682 § 1(part), 2005: Ord. 667 § 1(part), 2003)

Contributions to the district shall be permitted on a voluntary basis. The boundaries of the district shall not be modified as a result of the contribution, nor shall said contributing business be considered a member of the district for voting or other purposes. However, said business making a voluntary contribution may be entitled to participate in the programs of the district upon a finding by the BID Board that the district derives a benefit from said business' participation in the program.

(Ord. 667 § 1(part), 2003)

Pursuant to the Act, it shall be necessary for the BID board to present an annual budget for city council review and approval prior to the beginning of each fiscal year. The purpose of this process is to comply with the Act provisions regarding public notice and hearing prior to establishing the benefit assessments for the following fiscal year. City shall not adopt, modify or otherwise amend any fiscal year budget of the district that is inconsistent in any way with said fiscal year's budget as agreed to and presented by the BID board except in the case of a written majority protest (regarding elimination or modification of any specific budget item) from business owners which will pay 50 percent or more of the assessments proposed to levied as to any specific budget item pursuant to GC Section 36525(b). In such case the written protest regarding any specific budget item shall be grounds to eliminate or modify said expenditure from the district's proposed budget pursuant to the written protest.

(Ord. 667 § 1(part), 2003)

* Parking and Business Improvement Area Law of 1989, Part 6 (commencing with Section 36500) of Division 18 of the California Streets and Highways Code ("the Act").

As provided for within the guidelines of SB 1424, decisions of the BID board regarding expenditure of all funds generated under this program shall be final.

(Ord. 667 § 1(part), 2003)

City specifically finds and declares that the funds derived from the district shall not be used to offset or diminish current maintenance, capital improvement programs, including but not limited to, public property and sidewalk cleaning, street cleaning and maintenance, tree maintenance, restroom cleaning and maintenance. The city declares its intent to provide at least the same level and standard of maintenance and repair of public property within the district providing city funds are available from year to year.

(Ord. 667 § 1(part), 2003)

Proceedings to disestablish the district shall be initiated by the city council following the presentation of a petition to the city council signed by business owners paying 50 percent or more of the assessments levied in the district. Proceedings to disestablish the district shall follow the procedures set forth in GC Section 36550. The city council shall disestablish the district if, following the public hearing prescribed in Section 36550(b), written protests are not withdrawn as to reduce the protests below the 50 percent level. In the event of disestablishment of the district, remaining revenues of the district shall be refunded to paying business owners in a pro-rata manner calculated in the same manner as was used to establish the most recent assessments applied in the district.

(Ord. 667 § 1(part), 2003)

If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance, it being expressly declared that this ordinance and each section, subsection, clause and phrase hereof would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that any one or more other sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

(Ord. 667 § 1(part), 2003)

The ordinance codified in this chapter shall take effect upon the 31st day after its final passage.

(Ord. 667 § 1(part), 2003)