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Ordinance No. 2016-11 <br />Page 2 of 4 <br />WHEREAS, there was no written majority protest under California Streets and <br />Highways Code Section 36525 that would prevent the City Council from adopting this <br />ordinance. <br />NOW THEREFORE, the City Council of the City of Newport Beach ordains as <br />follows: <br />Section 1: Section 1 of Ordinance No. 2009-26 is amended in its entirety and <br />replaced with the following: <br />The stakeholder structure in the Restaurant Association Business <br />Improvement District shall include the following businesses: any food- <br />service business within the boundaries of the City of Newport Beach, such <br />as restaurants, markets with dine -in or take-out food service, bars serving <br />food, dessert shops, coffee shops, juice bars, catering companies or <br />similar type of food related business. <br />Certified Farmer's Markets, mini -marts, yachts and charters, banquet <br />facilities, private membership clubs, theaters, and gas stations shall be <br />exempt from the Restaurant Association Business Improvement District's <br />membership. <br />Section 2: Section 2 of Ordinance No. 2009-26 is amended in its entirety and <br />replaced with the following: <br />The City Council levies, imposes, and order the collection of a benefit <br />assessment levied upon persons conducting business within the <br />Restaurant Association Business Improvement District. Such benefit <br />assessment levied shall be as follows: <br />A. <br />Full service restaurant (e.g., with wait service) <br />$600 <br />B. <br />Fast casual restaurant (e.g., place order at counter) <br />$500 <br />C. <br />Grocery or market <br />$500 <br />D. <br />Coffee, tea or specialty shop <br />$150 <br />E. <br />Dessert, bakery or treats <br />$150 <br />F. <br />Juice bar or smoothie shop <br />$150 <br />G. <br />Catering company <br />$150 <br />Section 3: Section 3 of Ordinance No. 2009-26 is amended in its entirety and <br />replaced with the following: <br />The revised benefit assessment contained in this ordinance shall be <br />effective September 9, 2016. The benefit assessment shall be collected <br />from existing businesses in the NBRA BID by the City in one (1) pro -rated <br />annual installment. The benefit assessment for stakeholder businesses <br />established after September 9, 2016 shall be at the revised rate, pro -rated <br />according to the number of full months remaining in the NBRA BID's fiscal <br />year, starting on the day of the issuance of a business license by the City. <br />