HomeMy WebLinkAboutORD FOR INTRODUCTION 11-05-90DATE:
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NOVEMBER 51 1990
ORDIT FS FOR INTRODUCTION NO. 1
11 -5 --
WILLIAM A. HUSTON, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
BUSINESS LICENSE TAX AMNESTY PROGRAM
RECOMMENDATION:
Inter - Com
That Ordinance No. 1053, declaring a Business License Tax Amnesty
Program during the months of December 1990, January and February
1991 have first reading by title only and introduction.
BACKGROUND:
The Business License Division has determined through the use of the
City's business license computer program, Orange County Fire
Department inspection lists, and consumer and credit verifications
that there exists numerous unlicensed and delinquent businesses in
Tustin resulting in a substantial loss of revenue to the City.
After reviewing two recent and successful Tax Amnesty Programs
conducted by the cities of Los Angeles, and Santa Monica the
Community Development Department has developed what is expected to
be an equitable and manageable Business License Tax Amnesty
Program. The program will allow unlicensed businesses and licensed
businesses delinquent in payment, to apply for licensing without
fear of prosecution or payment of penalties. Pursuant to Tustin
City Ordinance No. 328, Section 8, penalties for delinquent filing
are 25% of the total license tax due, for each month after the due
date, not to exceed 100% of total tax due. This can prove costly
for many unlicensed and delinquent businesses.
The Amnesty Program is proposed to run from December 1, 1990
through February 28, 1991. The program will target businesses in
the City that have failed to pay their business license tax along
with approximately 525 delinquent business license accounts. All
penalties will be waived under the program, but the City will have
the authority to collect up to three years back taxes.
Business License Amnesty
page 2
In order to reach the unlicensed and delinquent businesses, press
releases and advertisements will be run in local publications,
including the Tustin Weekly, Tustin News and The Chamber of
Commerce's monthly newsletter. Within the marketing program a
number of advantages will be brought to the attention of business
owners.
1. Penalties on past due taxes usually equal l00% of the tax
due (This creates a substantial savings in fees)
2. Elimination of prosecution for late and delinquent filing
3. City of Tustin has lowest business license tax in the
County of Orange
CONCLUSION:
The Business License Amnesty Program would not only capture many
unlicensed businesses, but create a business license tax awareness
within the business community as well. This would hopefully reduce
the amount of delinquent accounts in the future.
C ist e Shin leton
Director of Community Deve opment
CAS/jw
Community Development Department
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ORDINANCE NO. 1053
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, DECLARING A BUSINESS
LICENSE AMNESTY PROGRAM DURING THE MONTHS OF
DECEMBER, 1990, JANUARY AND FEBRUARY 1991.
The City Council of the City of Tustin does hereby
ordain as follows:
I. The City Council finds and determines as follows:
A. Section 2521(c) of the Tustin City Code
provides a penalty for failure to pay the
business license tax when due.
B. There are presently a number of businesses who
have never obtained a business license. If
they obtain a business license at this time,
they will be subject to penalty fees under
Section 2521(c).
C. It would be to the benefit of the City if all
unlicensed businesses were encouraged to
license. The City Council finds that a three
month amnesty, during the months of December,
1990, January and February, 1991, during which
no penalties would be due for failure to pay
license taxes when due, would encourage
unlicensed businesses to license during those
months.
II. The City Council does hereby declare:
A. That Section 2521(c) of the Tustin City Code
shall be of no force and effect during the
months of December, 1990, January and
February, 1991. All businesses that pay
license fees during that three-month period
shall be excused from paying the penalties
imposed by such Section.
B. Except for the months of December, 1990,
January and February, 1991, Section 2521(c) of
the Tustin City Code, and all other provisions
pertaining to business licenses, shall be in
full force and effect.
III. This Ordinance shall be effective during the months
of December, 1990, January and February, 1991, only, and
shall not be codified in the Tustin City Code.
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PASSED AND ADOPTED by the City Council of the City
Tustin, at a regular meeting on the day
,1990.
ATTEST:
City Clerk
Mayor
PRESS RELEASE
Beginning December 1, 1990 through February 28, 1991 the City of
Tustin will conduct a Business License Amnesty Program in order to
allow unlicensed businesses to apply or reapply for business
license without prosecution or payment of penalties. Licensed
businesses delinquent in payments will also be eligible.
During the Amnesty Period all penalties for past due business
license taxes will be waived although the City will have authority
to collect up to 3 years back taxes. This is a tremendous
opportunity for those businesses who are delinquent in obtaining
their business licenses in the City. Once the Amnesty Program is
concluded business tax penalties are 25% of the tax due for each
month the fee is delinquent, not to exceed 100% of the tax due.
Local business owners should note that Tustin's license tax fees
are the lowest in the county.
Information and application materials are available at the
Community Development Department 300 Centennial Way, Tustin, CA
92680, or by calling (714) 544-8890, extension 271.