HomeMy WebLinkAbout90-36 - Amending Title 5 of the Newport Beach Municipal Code Pertaining to Business License Tax Exemption for Charitable and Nonprofit OrganizationsORDINANCE NO. 90 -36
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AMENDING TITLE 5 OF THE
NEWPORT BEACH MUNICIPAL CODE PERTAINING TO
BUSINESS LICENSE TAX EXEMPTION FOR CHARITABLE
AND NONPROFIT ORGANIZATIONS.
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The City Council of the City of Newport Beach does hereby
ordain as follows:
SECTION 1:
Section 5.04.070 of the Newport Beach Municipal Code
shall be amended to read as follows:
5.04.070 Exemption - Charitable and Nonprofit
Organizations. The provisions of this Title shall not be deemed or
construed to require the payment of a license tax to conduct,
manage, or carry on any business, occupation, event, or activity,
from any institution or organization which is conducted, managed or
carried on for the benefit of religious, charitable, philanthropic,
political, or education purposes as covered under Chapter 5.41 of
this Title.
This section shall not be deemed to exempt any such
institution or organization from complying with any other
provisions of this code requiring a permit from the city. (Ord.
1757 Section 1 (part), 1977).
Section 5.41.010, Paragraph F of the Newport Beach
Municipal Code shall be amended to read as follows:
F. "Noncommercial Purpose" means the purpose of any
nonprofit community organization, fraternal, benevolent,
• educational, philanthropic, political, or service organization, or
governmental employee organization which solicits or obtains
contributions from the public for charitable purposes or holds any
assets for charitable purposes.
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Section 5.41.015, Paragraph B of the Newport Beach
Municipal Code shall be amended to read as follows:
B. No person shall solicit or engage in the
solicitation of contributions for any noncommercial purpose, unless
the organization on whose behalf the solicitation is being made
• holds a valid permit issued pursuant to the provisions of this
Chapter. Each solicitor shall carry a photocopy of the permit
issued pursuant to this Chapter completed with the solicitor's full
name while soliciting or engaging in the solicitation of
contributions for any noncommercial purpose, and shall exhibit the
permit, upon request, to any person solicited, or upon demand, to
any peace officer.
Section 5.41.040 of the Newport Beach Municipal Code
shall be amended to read as follows:
5.41.040 Form and Duration of the Permit.
A. Permits issued under this Chapter shall contain the
• following information:
1. The name and address of the permit holder;
2. The number of the permit and the date issued;
3. The dates solicitation is authorized;
4. The noncommercial purpose of the solicitation
as stated on the application;
5. A blank space for the individual solicitor to
print or type his /her name prior to soliciting contributions;
6. The relationship of the individual solicitor to
the permit holder, i.e., whether the individual solicitor is a
volunteer, a paid officer or employee, an independent contractor or
an agent of the permit holder.
7. A statement that the permit holder's records of
• contributions received, revenues, and expenses will or will not be
made available for public inspection, as indicated on the permit
application. If such records are open to public inspection, the
address and telephone number of the place where they may be
inspected.
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S. A statement that the permit does not authorize
the conduct of any event or activity prohibited by law, and a
statement that the permit does not constitute an endorsement by the
City or by any of its departments, officers, or employees of the
purpose or person conducting the solicitation; and
• 9. The signature of the City Manager and the
signature of the permit holder.
B. The permit shall be valid for the time stated in the
permit application, but in no case shall the time exceed a period
of one (1) year from the date of the issuance of the permit. (Ord.
88 -41 Section 1 (part), 1988).
SECTION 2: Severability. The City Council of the City of
Newport Beach hereby declares that should any section, paragraph,
sentence or word of this Ordinance be declared, for any reason, to
be invalid, it is the intent of the Council that it would have
passed all other portions of this Ordinance independent of the
• portion declared invalid.
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SECTION 3: Savings Clause. Neither the adoption of this
Ordinance nor the repeal of any other ordinance of the City shall,
in any manner, affect the prosecution for violations of ordinances
committed prior to the effective date of the adoption or repeal,
nor be construed as a waiver of any of the penalty or penal
provisions applicable to such violation. The provisions of this
ordinance, to the extent they are substantially the same as
ordinances previously adopted by the City and relating to the same
subject matter, shall be construed as restatements and
continuations, and not as new enactments.
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SECTION 4: This Ordinance was introduced at a regular meeting
of the City Council of the City of Newport Beach held on the 13th
day of August , 1990, and adopted on the 27th day of August ,
1990, by the following vote, to -wit:
ATTEST:
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AYES, COUNCILMEMBERS TURNER, WATT, SANSONE,
PLUMMER, HART, STRAUSS, COX
NOES, COUNCILMEMBERS NONE
ABSENT COUNCILMEMBERS NONE
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