ORDINANCE AMENDING MISCELLANEOUS SECTIONS OF THE

HERMOSA BEACH MUNICIPAL CODE

 

Recommendation:

Waive full reading and introduce ordinance.

 

Background:

This ordinance amends several sections of the municipal code. These changes are necessary to update or clarify the code. There are nine sections before you for your consideration. The largest part of the ordinance is the changes to the business license section.

• Section 1 changes existing language to what is shown. This brings the code into consistency with actual practice.
• Section 2 changes existing language.
• Section 3 clarifies the term "dwelling unit". This is for the Park and Recreation Facilities Tax.
• Section 4 clarifies the senior citizen exemption for the Park and Recreation Facilities Tax.
• Section 5 - Business License - Schedule of Fees - the changes remove the reference to the actual fees which are included in a separate resolution.
• Section 6 - Business License for oil well operation.
• Section 7 - Business License - drops fee and refers to schedule of taxes.
• Section 8 - Parking prohibited - adds new section in the OS-O zone.
• Section 9 - Underground Utility Conversion - clarifies section regarding property owner petitions for underground district.

These changes are intended to reflect the existing practice or policy. The changes included to the Business License sections are merely deleting old amounts or provisions that have been superceded.

 

ORDINANCE NO

 

AN ORDINANCE OF THE CITY OF HERMOSA BEACH AMENDING MISCELLANEOUS SECTIONS OF THE HERMOSA BEACH MUNICIPAL CODE

 

The City Council of the City of Hermosa Beach does hereby ordain as follows:

 

Section 1 . Section 2.04.240 of Title 2, Chapter 2.04 of the Hermosa Beach Municipal Code is amended to read as follows:

" 2.04.240 Introduction of Ordinances.

Any one councilmember may cause the introduction of an ordinance without a second or a vote of the Council."

 

Section 2 . Section 3.12.090.G. of Title 3, Chapter 3.12 of the Hermosa Beach Municipal Code is amended to read as follows:

"G. Award of Contracts.

• 1. Supplies and equipment. A contract for the purchase of supplies and equipment shall be awarded to the lowest responsible bidder.

• 2. Services. A contract for services, other than professional services, shall be awarded to the bidder which the city council in its discretion determines offers the best level of services to the City. In making that determination, the Council may consider the bidder's price, experience, references, location, previous performance experience with the City if any, and overall reputation."

 

Section 3 . Section 3.20.030.A. of Title 3, Chapter 3.20 of the Hermosa Beach Municipal Code is amended to read as follows:

"A. The term "dwelling unit" includes:

• 1. a single-family dwelling;

• 2. each unit of an apartment, common interest development, duplex or other multiple dwelling structure containing a kitchen and designed as a separate habitation for occupancy by one or more persons; and

• 3. each space in a mobilehome park."

 

Section 4 . Section 3.20.070.A of Title 3, Chapter 3.20 of the Hermosa Beach Municipal Code is amended to read as follows:

"A. Dwellings for Seniors and Disabled. Dwelling units dedicated for the exclusive occupancy of seniors or the disabled are exempt from the tax imposed by this chapter."

 

Section 5 . Section 5.04.200.B of Title 5, Chapter 5.04 of the Hermosa Beach Municipal Code is amended to read as follows:

"B. Taxes.

1. Classification A. Every person conducting a fixed place of business in the city shall pay a license tax. The amount of the license tax is set forth in the schedule of taxes except as is otherwise provided herein.

• Group 1: Automobile agency, used car dealers, boat dealers, manufacturers, jobbers, wholesalers, secondhand dealers--fifty dollars ($50.00) per year on gross receipts of ten thousand dollars ($10,000.00) or less, plus forty cents ($0.40) for each additional one thousand dollars ($1,000.00) of gross receipts, maximum of one thousand one hundred ($1,100.00) per annum.

• Group 2: Every person in a business of a professional or semi-professional nature for which a state license is required for the conduct of such profession, including attorneys, income tax agents, auditors, accountants, architects, engineers, real estate brokers, chiropodists, dentists, opticians, optometrists, osteopaths, physicians, surgeons, veterinarians and any other professions not listed in this subsection, shall pay an annual license tax for each state-licensed person engaged in the business, and an additional license tax for each employee. Notwithstanding the foregoing, a licensed real estate broker or firm doing business in the city, but which real estate firm or broker does not have a local established business office within the city, shall pay only an annual license tax.

A licensed person shall be considered an employee for this tax purpose if the employer does in fact withhold and pay federal income tax on said employee, and in addition thereto, pay to the state, as the laws may be applicable, unemployment and compensation insurance, and/or there is a contractual agreement. Otherwise, said licensed person shall be considered an independent contractor and shall pay the annual license tax set out hereinabove for a licensed person, except that a licensed real estate salesman shall be considered an employee. Unlicensed real estate canvassers shall be taxed to the broker as an employee under this section and shall further be required to comply with the provisions of Classification F of this section regulating the licensing of canvassers, solicitors, itinerant merchants, salesmen and peddlers.

• Group 3: Public stenographer, telephone services, employment agencies, advertising agencies, public relations agencies, travel agencies, consultants not qualifying as Group 2 professionals shall pay an annual license tax.

• Group 3.a: Telephone soliciting office and home occupations: every person engaged in the business of maintaining a telephone solicitation office or a home occupation shall pay an annual license tax and an additional license tax for each employee or person, including those employees or persons using the telephone to obtain orders or sales or to disseminate information, whether said person shall be an employee or independent contractor. Home occupations require compliance with the regulations set forth in Section 17.08.020.F.

• Group 4: Private detective, watchman service with a fixed place of business in the city or rendering a service within the city; loan company; and escrow company shall pay an annual license tax.

• Group 5: Sale or rental of beach equipment, including tents, umbrellas, water sports equipment shall pay an annual license tax.

• Group 6: Dancing studio, studio of music, music lessons, bridge lessons, art studio, swim schools and nursery schools shall pay an annual license tax.

• Group 7: Barbershops, manicuring, facial massage, beauty parlors, cosmetic skin treatment and establishments where massage services are offered by an individual as an incidental or accessory service and does not occupy more than 25% of the area of the establishment, shall pay an annual license tax and an additional license tax for each operator other than the owner.

• Group 8: Bathhouse or plunge shall pay an annual license tax.

• Group 9: Auto or boat parking or storage lot shall pay an annual license tax for four thousand (4,000) square feet or less of area; an additional license tax will be added for each additional one thousand (1,000) square feet of area. This will not apply when this type of lot is part of and associated with another business activity.

• Group 10: Auto trailer or mobile home park shall pay an annual license tax per space with a minimum annual license tax amount imposed.

• Group 11: Shoe shining business shall pay an annual license tax and an additional license tax for each operator.

• Group 12: Confectionery, candy, popcorn concessions operated in the foyer or lobby of theaters, places of amusements or public buildings shall pay an annual license tax.

• Group 13: Public utility companies operating in city and holding no franchise from city under the provisions of state laws shall pay an annual license tax and an additional license tax for each employee working from an established space of business within the city.

• Group 14: Advertising by means of searchlight, skylight, klieg light, portable flood light or any other such lighting device shall pay an annual license tax or a daily license tax for the use of each such light. Every person applying for such license shall first have obtained a special permit from the chief of police.

• Group 15: Placing of benches for advertising purposes adjacent to public streets or places shall pay an annual license tax for the first twenty (20) benches plus an additional license tax for each additional bench.

• Group 16: Checkroom for storage of parcels or wearing apparel, etc., for compensation shall pay an annual license tax.

• Group 17: Hotel, motel, rooming house, boardinghouse, lodging house, apartment house, or any other accommodations for dwelling, sleeping or lodging containing three or more accommodations shall pay an annual license tax. Owner-occupied units are exempt from payment of the fee.

Upon application for a business license for rental units as required by this code:

• a. The applicant shall sign an agreement under penalty of perjury that to the best of the applicant's information and belief, the rental of the units for which the license is granted is conducted in accordance with all applicable city rules and regulations.

• b. Said business license permit shall also include a statement, executed by the property owner, that the granting of this license is for revenue purposes only and is not a consent of the city to grant to the owner any rights in the conducting of the business of rental units that are not otherwise granted by city laws, rules or regulations and that the granting of the license is not to be considered by the owner as a waiver by the city of its rights to enforce any violation of certain laws, rules or regulations at any time.

• c. Upon the granting of a license for the conducting of the business of rental units, a copy of said license shall be forwarded to the building department for review with city records to determine if the licensed premises conform according to city records, to all laws, rules and regulations of the city.

• d. In the event that the building department determines a violation, according to city records, of any law, rule or regulation of the city exists, then the property owner shall be informed of the apparent violation and advised of any administrative hearings available to the owner to cause the rental units to conform to city laws, rules and regulations and further informing the owner that any enforcement by the city of such law, rule or regulation may, because of the lack of adequate personnel, be delayed but that such delay is not to be considered by the applicant as a waiver by the city of the enforcement of said laws, rules or regulations.

• e. The failure of the building department to give the notice required by subdivision (d) above shall not be grounds for the applicant to fail to comply with each law, rule or regulation of the city.

• Group 18: Publishing a newspaper, newspaper agency shall pay an annual license tax.

• Group 19: Special or seasonal sales, when not in connection with a fixed place of business shall pay a license tax per season per location.

• Group 19.a: Every person who sells any goods, wares, merchandise, livestock or real estate at a public auction shall pay a license tax for each day.

• Groups 20--21 Reserved.

• Group 22: Laundry or similar business where the public may leave their wash to be done--seventy-five dollars ($75.00) per annum on gross receipts of ten thousand dollars ($10,000.00) or less, plus one dollar ($1.00) for each additional one thousand dollars ($1,000.00) of gross receipts.

• Group 23: Launderette, laundromats or dry cleaning on the premises by individual machines, where a charge is made through a coin-operated slot or on a flat fee basis--seventy-five dollars ($75.00) per annum on gross receipts of ten thousand dollars ($10,000.00) or less, plus eighty-five cents ($0.85) for each additional one thousand dollars ($1,000.00) of gross receipts, plus two dollars and fifty cents ($2.50) for each machine.

• Group 23.a: Coin-operated washer and dryer equipment not owned by the proprietor in apartment houses, hotels, motels and other similar accommodations for dwelling, sleeping or lodging--Every person engaged in the business of renting, leasing or operating laundry equipment not otherwise specifically covered by this chapter on premises mentioned above shall pay a license fee of fifty dollars ($50.00) per annum on gross receipts of ten thousand dollars ($10,000.00) or less, plus seventy-five cents ($0.75) for each additional one thousand dollars ($1,000.00) of gross receipts derived from the conduct of business within the city.

• Group 24: Hospitals, sanitariums and rest homes, mortuaries, animal hospitals--seventy-five dollars ($75.00) per annum on gross receipts of ten thousand dollars ($10,000.00) or less, plus eighty-five cents ($0.85) for each additional one thousand dollars ($1,000.00) of gross receipts.

• Group 25: Selling or offering for sale to the public at retail any materials, commodities, goods, wares or merchandise, such as auto parts, food stores, bakery, garages, service stations, drug stores, florists, furniture, printing shops and all other similar, kindred or related operations for which a business license tax is not otherwise specifically mentioned above--one hundred dollars ($100.00) per annum on gross receipts of twenty thousand dollars ($20,000.00) or less, plus one dollar ($1.00) for each additional one thousand dollars ($1,000.00) of gross receipts.

• Group 26: Telephone companies operating in the city and holding no franchise shall pay a license fee of fifty dollars ($50.00) per annum on gross receipts of ten thousand dollars ($10,000.00) or less plus seventy-five cents ($0.75) for each additional one thousand dollars ($1,000.00) of gross receipts.

 

2. Classification B. Every person conducting a fixed place of business in the city shall pay a license tax. The amount of the license tax is set forth in the schedule of taxes except as is otherwise provided herein.

• Group 1: Advertising by billboards--shall pay an annual license tax for the first five billboards and an additional tax for each additional billboard.

• Group 2: Installing or maintaining flags, banners or other decorative advertising displays over or upon any public street or place shall pay a license tax calculated either per quarter or per day.

• Group 3: Advertising by posting, sticking, tacking, painting or affixing signs on or over structures other than public utility poles or public property shall pay a license tax calculated either per quarter or per day.

• Group 4: Auto wrecking and dealers in junk shall pay an annual license tax. Issuance of a business license requires compliance with the licensing requirements of Chapter 5.60.

• Group 5: Animal show--Trained-shall pay a license tax per day.

• Group 6: Bowling alleys shall pay an annual license tax per year and an additional license tax per alley. Issuance of a business license requires compliance with the licensing requirements of Chapter 5.68.

• Group 7: Dance hall or dance floor shall pay an annual license tax for five thousand (5,000) square feet of floor space or less, plus an additional tax for each additional square foot. Issuance of a business license requires compliance with the licensing requirements of Chapter 5.36.

• Group 8: Massage therapy, practicing physiotherapy, health and physical culture establishments shall pay an annual license tax plus an additional license tax for each operator. Issuance of a business license for an independent Massage Therapy businesses requires prior approval of a Conditional Use Permit and compliance with the licensing requirements of Chapter 5.74.

• Group 9: Dealer in new or used machinery for resale shall pay an annual license tax.

• Group 10: Selling or offering for sale stocks of machinery, goods, wares or merchandise advertised as bankrupt, sheriffs, assignee's, trustee's, creditor's, receiver's or special sale of damaged goods shall pay an annual license tax. Issuance of a business license requires compliance with the licensing requirements of Chapter 5.60.

• Group 11: The following shall pay an annual license tax:

• a. Vaudeville shows and legitimate theaters.

• b. Entertainment not in conjunction with a bar or restaurant serving alcoholic beverages.

 

Issuance of a business license requires prior approval of a Conditional Use Permit.

• Group 12: Motion picture production not operating from a fixed place of business in the city shall pay a license tax per thirty (30) day period. Issuance of a business license compliance with the permit requirements of Section 12.28.130.

• Group 13: Motion picture production shall pay a license tax per quarter.

• Group 14: Pawnbrokers shall pay a license tax per quarter. Issuance of a business license requires compliance with the licensing requirements of Chapter 5.60.

• Group 15: Pool and billiard parlors shall pay an annual license tax plus an additional license tax for each pool or billiard table. Issuance of a business license requires compliance with the licensing requirements of Chapter 5.68.

• Group 16: Taxicabs and autos for hire shall pay an annual license tax for the first vehicle, plus an additional license tax for each additional vehicle. Issuance of a business license requires compliance with the licensing requirements of Chapter 5.72.

• Group 17: Tent shows, transient and other theatrical exhibitions of skill, physical and mental strength or ability, art or science shall pay a license tax for the first day plus an additional license tax for each additional day. Issuance of a business license requires prior approval of a Conditional Use Permit or a Special Permit issued pursuant to Section 12.12.070.

• Group 18: Processions, parades, etc., in connection with any amusement or other enterprise operated for profit shall pay a license tax for each such procession. Issuance of a business license requires prior approval of a Special Permit issued pursuant to Section 12.12.070.

• Group 19: Dating bureaus, compatibility matching services and other advisory or counseling service related to heterosexual behavior and activities shall pay an annual license tax.

• Group 20: Specialty shop: retail or service specialty establishments purveying primarily apparel, curios, artifacts, footwear, artistic materials, and related items--one hundred dollars ($100.00) per annum on gross receipts of twenty thousand dollars ($20,000) or less, plus one dollar ($1.00) for each additional one thousand dollars ($1,000.00) of gross receipts.

• Group 21: Restaurants: any restaurant where food or beverages are sold or offered for sale for consumption on or off the premises, but wherein no beer, wine, or liquor is sold or offered for sale for consumption shall pay an annual license tax.

• Group 22: All restaurants serving beer and/or wine shall pay an annual license tax. Issuance of a business license requires prior approval of a Conditional Use Permit.

• Group 23: All restaurants serving distilled spirits shall pay an annual license tax. Issuance of a business license requires prior approval of a Conditional Use Permit.

• Group 24: All cocktail bars shall pay an annual license tax. Issuance of a business license requires prior approval of a Conditional Use Permit.

• Group 25: All beer and/or wine bars shall pay an annual license tax. Issuance of a business license requires prior approval of a Conditional Use Permit.

• Group 26: Motion picture theaters--one hundred dollars ($100.00) for the first twenty thousand dollars ($20,000.00) of gross receipts per annum plus one dollar and fifty cents ($1.50) for each additional one thousand dollars ($1,000.00) of gross receipts per annum. Issuance of a business license requires prior approval of a Conditional Use Permit.

 

3. Classification C. Each general building or engineering contractor shall furnish the license collector with a list of all subcontractors upon forms furnished by the license collector prior to obtaining inspection of the work performed by such subcontractors. It shall be the responsibility of every general building and engineering contractor to require subcontractors under his control or direction to obtain a business license as herein provided and pay a license tax in an amount set forth in the schedule of taxes before permitting the subcontractor to begin or perform services for the general building or engineering contractor. Every person engaged in the business of contracting and/or subcontracting shall be required to have a city license for doing the type of work authorized before obtaining a city building permit. The license tax shall be in an amount set forth in the schedule of taxes.

• Group 1: Every person engaged in business or acting as a general or engineering contractor (B or A); plumbing contracting (C-36); electrical contractor (C-10) shall pay an annual license tax.

• Group 2: Every person engaged in business or acting as a subcontractor per classification established by state contractors board as set forth under the group in the Municipal Code, and other contractors that do jobs less than two hundred dollars ($200.00) in value shall pay an annual license tax.

Each general building contractor shall furnish the license collector with a list of each subcontractor upon forms furnished by the license collector.

• Group 3:

• a. Every person acting as an owner-builder who builds any building or structure for the purpose of sale or as rental units, (i.e., three or more units) shall pay an annual license tax.

• b. It shall be the responsibility of every owner-builder to require all subcontractors under his control or direction to obtain a business license as herein provided before permitting such subcontractor to begin work or perform any service for the owner-builder. Each owner-builder shall furnish the license department with a list of subcontractors, as mentioned above, prior to the starting of any work. It shall be the responsibility of every owner-builder to determine that all subcontractors have obtained a proper business license before such owner-builder shall request and/or receive any city building department inspection.

• c. The license tax provisions for owner-builder shall not apply when a one- or two-family dwelling being built is on property owned by the owner-builder and such building or structure is for the use of the owner-builder, except that all subcontractors shall comply with the provisions of subdivision (b) of this subsection.

• d. Any person applying for a building permit as an owner-builder, representing that he is personally to occupy such structure proposed to be erected and who, within one year from the completion thereof, sells or offers for sale such structure, shall be guilty of a misdemeanor; provided, however, the provisions of this subsection shall not apply to owner-builders who within one year sell such property for any reason other than for speculative purposes.

 

4. Classification D. Every person engaged in the business of trading in, selling, or offering for sale any materials, commodities, goods, wares or merchandise by means of any vehicle or delivery of same after order, or any person operating a delivery service for the delivery of any materials, commodities, goods, wares or merchandise by means of any vehicle, shall pay a license tax in an amount set forth in the schedule of taxes.

• Group 1: Wholesale deliveries, express or transfer business shall pay an annual license tax per vehicle.

• Group 2: Retail deliveries, when not in connection with a fixed place of business within the city shall pay an annual license tax per vehicle.

• Group 3: Swimming pool maintenance services shall pay an annual license tax per vehicle.

• Group 4: Installation and maintenance of portable toilets shall pay an annual license tax per vehicle.

• Group 5: Installation, servicing, maintaining alarm service shall pay an annual license tax per vehicle.

• Group 6: Window cleaning, building cleaning, or carpet cleaning shall pay an annual license tax per vehicle.

• Group 7: Television, radio repair service, or appliance repair service shall pay an annual license tax per vehicle.

• Group 8: Lawn service, gardening service, landscaping service shall pay an annual license tax per vehicle.

• Group 9: Reserved.

• Group 10: Any lunch wagon or catering truck in or upon any public street or entering upon any private property from a public street shall pay an annual license tax per vehicle.

• Group 11: All other vehicles not otherwise specifically mentioned in this classification shall pay an annual license tax per vehicle.

 

5. Classification E. It is unlawful for any person to distribute, maintain, operate, rent or furnish on a percentage or commission basis, or otherwise, without first having obtained a license to do so, in any business established or place within the city, any such music or amusement machine, cigarette machine, and vending machine. The license tax shall be in an amount set forth in the schedule of taxes. Every person required to have a license by the provisions of this chapter shall file with the license collector a list of all the coin-operated machines places within the city by or for such person, giving the exact location, type and number of such machines.

• Group 1: Music and amusement machines: every person engaged in the business of operating any amusement or music machine, not otherwise specifically covered by this chapter, whether coin-operated or not, whether such operation is incidental to some other business being operated on the premises or whether such operation constitutes an amusement arcade, shall pay an annual license fee for each music or amusement machine.

• Group 2: Cigarette machines: every person engaged in the business of operating any cigarette vending machine not otherwise specifically covered by this chapter where such operation is incidental to, or in conjunction with, some other business being operated on the particular premises shall pay a license fee of fifty dollars ($50.00) per annum on gross receipts of ten thousand dollars ($10,000) or less, plus seventy-five cents ($0.75) for each additional one thousand dollars ($1,000.00) of gross receipts derived from the conduct of business within this city.

• Group 3: Vending machines: every person engaged in the business of operating any vending machine, vending any service or product, and not specifically covered by this chapter, where such operation is incidental to, or in conjunction with, some other business being operated on the particular premises shall pay a license fee of fifty dollars ($50.00) per annum on gross receipts of ten thousand dollars ($10,000.00) or less plus seventy-five cents ($0.75) for each additional one thousand dollars ($1,000.00) of gross receipts derived from the conduct of business within this city.

• Group 4: Exemption where cigarette machine and/or vending machine owned by proprietor of business located within city: A proprietor of a business located within the city having as a part of that business a cigarette machine and/or vending machine owned by said proprietor shall, upon proof of ownership, be issued a no fee license. Gross receipts of all cigarette and/or vending machines owned by the proprietor shall be included in the total gross receipts of said business.

• Group 5: Liability for payment of license fee and confiscation of unlicensed machines: where a coin-operated machine is subject to the licensing provisions of this chapter, any person owning or in possession of said machine where located shall be responsible for the licensing of said machine. No person shall keep or maintain upon his premises any coin-operated machine for which no license has been obtained and upon which no license or decal has been posted. Where the person in possession of the premises upon which an unlicensed coin-operated machine is located refuses to obtain a license for the same on the basis that the machine is not owned or possessed by him, the license collector or his authorized deputy or agent shall remove said machine to the city hall and shall place the same in storage until claimed by the rightful owner thereof. Said machine shall be delivered to the rightful owner upon payment of moving, storage and accrued business license charges.

All coin-operated machines located in the city shall have prominently displayed on them the name, address and telephone number of the owner of said machine.

 

6. Classification F. Every person canvassing, soliciting or performing personal and miscellaneous services from house-to-house or place-to-place, or peddling, or selling books, magazines, photographs or any other product, device, merchandise or material from house-to-house or place-to-place either residential or business, except as otherwise herein provided shall obtain a business license and pay a license tax in an amount set forth in the schedule of taxes.

• Group 1: Living outside the city--shall pay an annual license tax per individual.

• Group 2: Living inside the city and having proof of six (6) months' residence shall pay an annual license tax per individual."

 

Section 6 . Section 5.04.210 of Title 5, Chapter 5.04 of the Hermosa Beach Municipal Code is amended to read as follows:

"5.04.210 License fee for owning, managing, operating oil wells.

For every person, firm or corporation owning, managing or operating oil wells, from which the derrick has, or has not, been removed, shall pay an annual license tax per well in an amount set forth in the schedule of taxes."

 

Section 7 . Section 5.04.220 of Title 5, Chapter 5.04 of the Hermosa Beach Municipal Code is amended to read as follows:

"5.04.220 Businesses not specified in this chapter.

Every business not specified in this chapter, shall pay an annual license tax in an amount set forth in the schedule of taxes."

 

Section 8 . Section 10.32.070 of Title 10, Chapter 10.32 of the Hermosa Beach Municipal Code is amended by adding thereto a new subparagraph M. to read as follows:

"M. Within any dedicated public right-of-way not designated as a public parking space, except on rights-of-way within the OS-O (Open Space Overlay) Zone upon approval of an encroachment permit."

 

Section 9 . Section 13.08.050 of Title 13, Chapter 13.08 of the Hermosa Beach Municipal Code is hereby amended to read as follows:

"13.08.050 Costs for Conversion.

In order to initiate conversion proceedings in the absence of a property owner petition submitted in accordance with State law, the city council shall determine that the city or a public utility has voluntarily agreed to pay over fifty (50) percent of all costs of conversion, excluding costs of users' connections to underground electric or communication facilities."

 

Section 10 . The amendments to Chapter 5.04 contained in Sections 5, 6 and 7 of this Ordinance provides for a schedule of taxes and deletes the references to specific dollar amounts for license taxes required to be paid by businesses in the City. The City Council finds that the schedule of taxes, in each and every instance, is not an enactment of new taxes, but rather is a continuation of taxes adopted by the City before the imposition of Proposition 218.

 

Section 11 . If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction the remaining portions of this ordinance shall nonetheless remain in full force and effect. The City Council hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this ordinance be declared invalid or unenforceable.

 

SECTION 12 . The City Council does hereby designate the City Attorney to prepare a summary of this ordinance to be published pursuant to Government Code Section 36933(c)(1) in lieu of the full text of said ordinance. That prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause the summary to be published in the Easy Reader , a weekly newspaper of general circulation, published and circulated in the City of Hermosa Beach.

 

SECTION 13 . The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said city; shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted.

 

PASSED, APPROVED and ADOPTED this       day of                 , 2000.

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