HomeMy WebLinkAbout2015-23 - Reduce the Business License Tax Charged to Out-of-Town Licensed Contractors to be Equal to that of In-Town Licensed ContractorsRESOLUTION NO. 2015 -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH, CALIFORNIA, TO REDUCE THE BUSINESS LICENSE TAX
CHARGED TO OUT -OF -TOWN LICENSED CONTRACTORS TO BE
EQUAL TO THAT OF IN -TOWN LICENSED CONTRACTORS
WHEREAS, the City of Newport Beach ( "City ") requires all businesses operating
or conducting business within the City to obtain a business license pursuant to Newport
Beach Municipal Code ( "NBMC ") Section 5.04.020;
WHEREAS, NBMC Chapter 5.08 provides that businesses shall pay an annual
business tax as established by resolution of the City Council;
WHEREAS, California Constitution Article 13C, Section 2(b) provides, in part,
that no local government may impose, extend, or increase any general tax without voter
approval, however, the reduction of a tax does not trigger voter approval;
WHEREAS, California Government Code Section 37101.7 provides, in part, that
public entities should tax out -of -town licensed contractors the same as in -town
contractors; and
WHEREAS, the City desires to reduce the business license tax charged to out -
of -town contractors to the same level as in -town contractors.
NOW, THEREFORE, the City Council of the City of Newport Beach hereby
resolves as follows:
Section 1: The City Council hereby amends Resolution No. 93 -34, in part to
reduce the business license tax charged to out -of -town contractors to the same level
charged to in -town contractors. All other portions of Resolution No. 93 -34 shall remain
intact and unchanged.
Section 2: The recitals provided in this resolution are true and correct and are
hereby incorporated into the substantive portion of this resolution.
Section 3: The City Council finds that the adoption of this resolution is not
subject to the California Environmental Quality Act ( "CEQA ") pursuant to Section
15060(c)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3
because the activity is not a project as defined in Section 15378 and has no potential for
resulting in physical change to the environment, directly or indirectly.
Section 4: This resolution shall take effect immediately upon its adoption by
the City Council, and the City Clerk shall certify the vote adopting this resolution.
ADOPTED this 24th day of March, 2015.
ATTEST:
Mayor
um,bj r/
Leilani I. Brown
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing resolution, being Resolution
No. 2015 -23 was duly and regularly introduced before and adopted by the City Council of said City at a
regular meeting of said Council, duly and regularly held on the 24th day of March, 2015, and that the same
was so passed and adopted by the following vote, to wit:
AYES: Council Member Curry, Council Member Duffield, Council Member Muldoon,
Mayor Pro Tern Dixon, Mayor Selich
NAYS: Council Member Peotter
ABSENT: Council Member Petros
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 251h day of March, 2015.
City Clerk
Newport Beach, California
(Seal