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NOW, THEREFORE, the City Council of the City of Newport Beach does ordain <br />as follows: <br />SECTION 1: Membership in the Restaurant Association Business Improvement <br />District shall remain any food service business within the boundaries of the City of <br />Newport Beach, such as restaurants, groceries with a dine in or take -out food service, <br />mini -marts, gas stations with take -out food service, and bars serving food. Effective <br />January 1, 2010, certified Farmer's Markets and bars with only a Part 48 ABC license <br />from the State shall be exempt from the Restaurant Association Business Improvement <br />District's membership. <br />SECTION 2: The City Council levies, imposes and orders the collection of a <br />benefit assessment levied upon persons conducting business within the Restaurant <br />Association Business Improvement District. Such benefit assessment levied shall be as <br />follows: <br />A. For establishments with ten (10) or fewer employees, the benefit <br />assessment levied shall be a flat Ninety -Five Dollars ($95.00). <br />B. For establishments with more than ten (10) employees and whose <br />annual business license tax is Five Hundred Ninety -Nine Dollars ($599.00) or less, the <br />benefit assessment levied shall be equal to one hundred percent (100°/x) of the City's <br />annual business license tax as established pursuant to Chapter 5.08 of the Municipal <br />Code and an additional Sixty Dollars ($60.00). <br />C. For establishments with more than ten (10) employees whose <br />business license tax is Six Hundred Dollars ($600.00) or more, the benefit assessment <br />levied shall be equal to one hundred percent (100 %) of the City's annual business <br />license tax as established pursuant to Chapter 5.08 of the Municipal Code and an <br />additional One Hundred Forty -Five Dollars ($145.00). <br />SECTION 3: The increased benefit assessment contained in this ordinance shall <br />be effective January 1, 2010. The benefit assessment increase shall be collected from <br />existing businesses in the Restaurant Association Business Improvement District by the <br />City in one (1) pro -rated annual installment. The benefit assessment for businesses <br />established after January 1, 2010 shall be at the increased rate, pro-rated according to <br />