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HomeMy WebLinkAboutOrd 18151 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ORDINANCE NO. 1815 ORDINANCE OE THE CITY OE BURLINGAME AMENDING SECTIONS 6.04.240 TO CORRECT STATUTORY CITATION AND CLARIFY THAT CITY RECREATION PROGRAM PROVIDERS ARE EXEMPT FROM BUSINESS LICENSE TAXES The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows: Section 1. The City has not collected business license taxes from persons who provide recreation programs for the City. This ordinance is intended to affirm that interpretation by ordinance. This ordinance also updates a statutory reference regarding State law. This ordinance does not increase any business license tax or impose any new tax on any person. Section 2. Section 6.04.240 is amended to read as follows: 6.04.240 Exemptions (a) Charitable and Nonprofit Organizations. The license provisions of this code shall not be deemed or construed to require the payment of a license fee to conduct, manage or carry on any business, or require the payment of any license fee from any institution or organization which is conducted, managed or carried on solely for the benefit of charitable purposes or from which profit is not derived either directly or indirectly by any person, if such business is exempt from the payment of bank and corporation taxes by Sections 23701 of the Revenue and Taxation Code, nor shall any license be required for the conducting of any entertainment, concert, exhibition, lecture or scientific, historical, religious or moral services whenever the receipts of such entertainment, concert, exhibition or lecture are to be appropriated to any church, school or to any religious or benevolent purpose within the city; nor shall any license be required for the conducting of any entertainment, dance, concert, exhibition or lecture by any religious, charitable, fraternal, educational, military, state, county or municipal organization or association whenever the receipts of any such entertainment, dance, concert, exhibition or lecture are to be appropriated for the purpose and objects for which such association or organization was formed L 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 and from which a profit is not derived either directly or indirectly by any person; provided, however, that nothing herein contained shall be deemed to exempt any institution or organization from complying with the provisions of any of the ordinances of the city requiring such institution or organization to obtain a permit from the city council to conduct, manage or carry on such business. (b) Interstate Commerce. Nothing in this title shall be deemed or construed to apply to any person transacting or carrying on any business exempt by virtue of the Constitution or applicable statutes of the United States or of the state of California from payment of such licenses as are herein prescribed. Such person shall file a verified statement with the license collector setting forth all of the facts showing that he or she is entitled to such exemption. The statement shall contain the name and location of the person for which the orders are to be solicited or secured, the name and address of the nearest local or state manager, the kind of goods, wares or merchandise to be delivered, the place from where the same are to be shipped or forwarded, the method of solicitation or taking orders, the location of any warehouse, factory or plant within the state of California, the method of delivery, the name and address of the applicant, and any other facts necessary to establish such claim of exemption. (c) Veterans. Any veteran, as defined by Section 16001 an d Section 16001.5 of the Business and Professions Code of the state of California, shall be exempt fr om the payment of license fees for peddling or soliciting upon presentation of proof of such exemption satisfactory to the license collector. (d) Minors, Sixteen Years and Younger. Every natural person ofthe age of sixteen (16) years or under, whose annual gross receipts fr om any and all businesses are four thousand dollars ($4,000.00) or less, shall be exempt from payment of an y license tax under the provisions of this title. (e) Senior Citizens. Every natural person of the age of sixty-five (65) years or over, whose annual gross receipts from any and all business are four thousand dollars ($4,000.00) or less, shall be exempt from payment of any license tax under the provisions of this title. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 (f) Nothing in this title shall be deemed or construed to require the payment of a license tax by any person to conduct or officiate any recreation program or activity provided or sponsored by The city. Section 3. This ordinance shall be published as required by law. Mayor I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced at aregular meeting of the City Council held on the 17`h day of December, 2007, and adopted thereafter at a regular meeting of the City Council held on the 7`h day of January, 2008, by the following vote: AYES: COUNCILMEMBERS: BAYLOCK, DEAL, KEIGHRAN; NAGEL, O'MAHONY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE U:�FILbSVORll1NANCAbusliccxemptioafin.wpd -3- i City Clerk