HomeMy WebLinkAbout2010-7 - Amending Section 5.04.330 of the Newport Beach Municipal Code Pertaining to Business Tax AppealsORDINANCE NO. 2010 -7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AMENDING SECTION 5.04.330 OF
THE NEWPORT BEACH MUNICIPAL CODE PERTAINING
TO BUSINESS TAX APPEALS
WHEREAS, the City of Newport Beach ( "City ") regulates business conducted
within its boundaries through licensing regulations provided in Newport Beach Municipal
Code ( "Code ") Chapter 5.04; and
WHEREAS, the City's Finance Director administers Code Chapter 5.04 and is
required to render decisions regarding the applicability of the business license
regulations to individual businesses; and
WHEREAS, persons aggrieved by the Finance Director's decisions have a right
to an appeal hearing before the City Council; and
WHEREAS, in the interest of efficiency and conserving limited resources the City
Manager may be designated to hear business appeals in place of the City Council.
NOW, THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
SECTION 1: Section 5.04.330 of Chapter 5.04 of the Newport Beach Municipal
Code is hereby amended to read as follows:
"5.04.330 Appeal.
Any person aggrieved by any decision of the Finance Director with respect
to the issuance or refusal to issue such license may appeal to the City
Manager by filing a notice of appeal with the City Clerk. The City Manger
shall thereupon fix a time and place for hearing such appeal. The City
Clerk shall give notice to such person of the time and place for hearing by
serving it personally or by depositing it in the United States mail at
Newport Beach, California, postage prepaid, addressed to such person at
his last known address. The City Manager shall have authority to
determine all questions raised on such appeal. No such determination
shall conflict with any substantive provision of this ordinance."
SECTION 2: If any section, subsection, sentence, clause or phrase of this
ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The City
Council hereby declares that it would have passed this ordinance, and each section,
subsection, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional.
SECTION 3: The City Council finds that this ordinance is not subject to the
California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in
the environment) and 15060(c)(3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly
or indirectly.
SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage of
this ordinance. The City Clerk shall cause the same to be published once in the official
newspaper of the City, and it shall be effective thirty (30) days after its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach, held on the 27�h day of April, 2010, and adopted on the 11 th day of May,
2010, by the following vote, to wit:
AYES, COUNCILMEMBERS Selich, Rosansky, Webb
Gardner, Daigle, Mayor Curry
NOES, COUNCILMEMBERS
None
ABSENT COUNCILMEMBERS Henn
KEITH D. CURRY, MAYOR
ATTEST:
OFFICE OF THE CITY ATTORNEY
LEONIE MULVIHILL, ACTING CITY ATTORNEY
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 ordinance,
being Ordinance No. 2010 -7 was duly and regularly introduced on the 27th day of April, 2010, and
adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held
on the 11th day of May, 2010, and that the same was so passed and adopted by the following vote, to
wit:
Ayes: Selich, Rosansky, Webb, Gardner, Daigle, Mayor Curry
Noes: None
Absent: Henn
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 12th day of May, 2010.
(Seal)
aal� �) 61wry�'j
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify
that Ordinance No. 2010 -9 has been duly and regularly published according to law and the order of
the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of
general circulation on the following dates:
2010.
Introduced Ordinance: May 1, 2010
Adopted Ordinance: May 15, 2010
5
In witness whereof, I have hereunto subscribed my name this I ' day of lyv
City Clerk
City of Newport Beach, California