Susanville Municipal Code Ch. 5.24 Uptown Historic Susanville Business Improvement Area

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-C.10)

A parking and business improvement area to be known as the "Uptown Historic Susanville Business Improvement Area" (the "area") is established pursuant to the Parking and Business Improvement Area Law of 1989, Streets and Highways Code Section 36500 et seq. The boundaries of the area and the benefit zones within the area shall be as set forth on Exhibit A attached to the ordinance codified in this section, as it may from time to time be amended by ordinance adopted by the city council, and found on file in the office of the city clerk.

(Prior code § 6-C.12; Ord. 00-867 § 1, 2000; Ord. 06-933 § 1, 2006)

All businesses, trades and professions located within the boundaries shown on Exhibit A attached to the ordinance codified in this section and found on file in the office of the city clerk shall, commencing September 1, 2000, pay an annual benefit assessment to the city in the following amounts:

(Prior code § 6-C.14; Ord. 00-867 § 1, 2000)

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

(Prior code § 6-C.16)

Any new business established within the area shall not be required to pay an assessment hereunder for the first six months following its commencement of business. The assessment on such new business shall be prorated, omitting any charges for the first six months it was in operation. This shall not be deemed to apply to an existing business that has changed ownership or location within the district.

(Prior code § 6-C.18)

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

"Financial"

means and includes banks and savings and loan.

"Fiscal year"

means July 1st to June 30th of the following year.

"Lodging and restaurant businesses"

means and includes inns, hotels and motels, cafés, eating establishments, sandwich shops, dinner houses, restaurants and fast food services.

"Professional" and "financial"

mean and include attorneys, architects, engineers, surveyors, physicians, dentists, optometrists and others in a medical/health service field, real estate brokers, laboratories (including dental and optical), hearing aid services, artists and designers.

"Retail businesses"

means and includes all businesses not covered by other definitions set out in this section at least 50% 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 50% of such business' gross income.

"Service" and "organization"

mean and include general office, news and advertising media, printers, photographers, builders, service stations, repairing and servicing businesses, service organizations (not including chamber of commerce), renting and leasing businesses, utilities (that are not governmental entities), vending machines businesses and other businesses not included in Types 1, 2 and 4 as set out in Section 5.24.030.

(Prior code § 6-C.20)

The purpose 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, are as follows:

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

B. Promotion of public events which benefit businesses in the area and which are to take place on or in public places in the area;

C. Decoration of any public place in the area;

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

E. The general promotion of business activities which benefit businesses located and operating within the area.

(Prior code § 6-C.22)

The benefit assessment authorized by this chapter shall be billed quarterly by the city as of January 1st, April 1st, July 1st and October 1st of each fiscal year and shall be paid within 30 days thereafter; provided, however, that during the first year the ordinance codified in this chapter is effective, the three-month period of assessment that would have commenced July 1, 1990, shall commence instead on the date the ordinance codified in this chapter becomes effective. Each billing shall represent 25% of the annual assessment.

(Prior code § 6-C.24)