Ordinance Number 985ORDINANCE NO, 985
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
PROVIDING AN AMNESTY PROGRAM FOR BUSINESS LICENSE TAXES
FROM MAY THROUGH NOVEMBER 2011, WHICH FORGIVES CERTAIN
PAST OBLIGATIONS FOR TAXPAYERS WHO REGISTER WITH THE CITY
AND AGREE TO PAY ALL FUTURE BUSINESS LICENSE TAXES AS
REQUIRED UNDER THE SAN JUAN CAPISTRANO MUNICIPAL CODE,
The Council of the City of San Juan Capistrano finds:
A. The City Council of the City of San Juan Capistrano believes that a business license
tax amnesty program will promote increased voluntary compliance by allowing
taxpayers to pay certain business taxes owed to the City free from liability for
penalties and interest for prior noncompliance; and
B. Increased voluntary compliance with the Business Tax Ordinance will increase the
City's tax revenues and reduce the City's collection costs; and
C. It is the intent of the City Council to exempt taxpayers who fully pay certain past due
business taxes from liability for any interest, civil and criminal penalties otherwise
imposed pursuant to the San Juan Capistrano Municipal Code.
NOW, THEREFORE, BE IT ORDAINED BY the City Council of the City of San Juan
Capistrano:
SECTION 1. BUSINESS TAX AMNESTY PROGRAM.
A. Amnesty Program. A business license tax amnesty program shall be conducted
between May 19, 2011 and November 15, 2011,
B. Application for Amnest -Re uirements.
The provisions of this ordinance shall apply to any person, as defined in
Section 1-3.13 of the Municipal Code, meeting the license tax liability
requirement listed in Chapter 1 of Title 3 of the Municipal Code, who, on or
after May 19, 2011 but before November 15, 2011, files an application for
business license tax amnesty and does both of the following:
a. Files a completed business license application or renewal, as
applicable, for all tax reporting periods described below for which the
person has not previously filed an application or renewal according to
the provisions of Chapter 1 of Title 3 of the Municipal Code, and files
completed amended applications for any periods in which the person
underreported any information necessary for correct determination of
the tax due under Chapter 1 of Title 3 of the Municipal Code.
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b. Pays in full the taxes due, if any, for the period starting May 19, 2008,
and ending May 19, 2011.
C. The application shall be received by the tax collector at the City no
later than the close or business on the program expiration date.
d. The application shall include information necessary to enable the
calculation of the tax due for the program period.
e. Payment in full shall be included with the application.
2. If subsequent to the amnesty period of May 19, 2011 through November 15,
2011 the tax collector determines that the information provided in the license
application or renewal accompanying the person's application for business
license tax amnesty is inaccurate, he or she shall impose penalties only with
respect to the difference between the tax paid under the amnesty program
and the correct amount of tax. The person may appeal the tax collector's
determination to the City Council. The collection of taxes and penalties
resulting from inaccurate business tax amnesty applications shall not
invalidate any waivers granted under subsection C below.
C. Waiver of Penalties.
For any taxpayer who meets the requirements of subsection B.
a. The tax collector shall waive all penalties imposed by the Municipal
Code for the reporting periods for which business license tax amnesty
is requested, which are owed as a result of non -reporting or
underreporting of business activities within the City.
b. No administrative or criminal action shall be brought against the person
for having engaged in an unlicensed business or for having failed or
refused to furnish a full and complete application for renewal of a
license during the reporting periods for which business license tax
amnesty is requested.
C. Subparagraphs "a" through "b above shall not apply to the
nonpayment of any penalties previously assessed under Chapter 1 of
Title 3 of the Municipal Code, except for those assessed between May
19, 2010 and May 18, 2011.
2. No refund or credit shall be granted of any penalty amounts paid prior to the
time the person makes a request for business license tax amnesty pursuant
to subsection B, except for those assessed between May 19, 2010 and May
18, 2011.
D. Forms and Instructions. The tax collector shall issue forms and instructions and take
other actions reasonably necessary to implement this ordinance.
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E. Public Notice. The tax collector shall publicize the business license tax amnesty
program so as to enhance public awareness of, and participation in, the program.
SECTION 2. SEVERABILITY. If any section, subsection, clause or phrase of this
Ordinance or any part thereof is for any reason held to be invalid, unconstitutional or
unenforceable by the decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portion of the Ordinance. The City Council declares that
it would have passed each section, subsection, paragraph, sentence, clause or phrase
thereof, irrespective of the fact that any one or more section, subsection, sentence, clause
or phrase would be declared invalid, unconstitutional or unenforceable.
SECTION 3. CERTIFICATION, The City Clerk shall certify to the adoption of this
Ordinance and cause the same to be posted at the duly designated posting places within
the City and published once within fifteen (15) days after passage and adoption as required
by law, or, in the alternative, the City Clerk may cause to be published a summary of this
Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of
the City Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen
(15) days after adoption, the City Clerk shall cause to be published the aforementioned
summary and shall post a certified copy of this Ordinance, together with the vote for and
against the same, in the Office of the City Clerk,
PASSED, APPROVED, AND ADOPTED this lWh day of April, 2011.
SAM'ALLEVATO, UTAYdR
3 0985
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing is a true and correct copy of Ordinance No. 985 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City
Council on the 5th day of April 2011 and that thereafter, said Ordinance was duly adopted
and passed at the Regular Meeting of the City Council on the 19th day of April 2011 by the
following vote, to wit:
AYES ` a Q NCIL MEMBERS: Freese, Taylor, and Mayor pro #em Kramer
NOEiS 0 NCIL MEMBERS: Reeve
ABSENT-----, UNCIL MEMBERS: Mayor Allevato
CITY j0LKRK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano;
That in compliance with State laws, Government Code section 36933(1) of the State of
California, on the 1st day of April 2011, at least 5 days prior to the adoption of the
ordinance, I causes( to be posted a certified copy of the proposed ordinance entitled:
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, PROVIDING AN AMNESTY PROGRAM FOR BUSINESS
LICENSE TAXES FROM MAY THROUGH NOVEMBER 2011, WHICH
FORGIVES CERTAIN PAST OBLIGATIONS FOR TAXPAYERS WHO
REGISTER WITH THE CITY AND AGREE TO PAY ALL FUTURE
BUSINESS LICENSE TAXES AS REQUIR G? U DER THE SAN JUAN
CAPISTRANO MUNICIPAL CODES
f( k 4
This document was posted in the Office of the City 61 rk
MARIA'WWRRVS, CIT
San Juan Capistrano,
4 0 985
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
1, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano,
that in compliance with State laws, Government Code section 36933(1) of the State of
California.
On the 20th day of April 2011 1 caused to be posted a certified copy of Ordinance No. 986,
adopted by the City Council on April 19, 2011 entitled;
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, PROVIDING AN AMNESTY PROGRAM FOR BUSINESS
LICENSE TAXES FROM MAY THROUGH NOVEMBER 2011, WHICH
FORGIVES CERTAIN PAST OBLIGATIONS FOR TAXPAYERS WHO
REGISTER WITH THE CITY AND ,AG EE TO PAY ALL FUTURE
BUSINESS LICENSE TAXES AS REQ 1 E[ UNDER THE SAN JUAN
CAPISTRANO MUNICIPAL CODE w
This document was posted in the Office of the Citj dler�,,
MARIA M'OR18S CITY CLf-RK
San Juan C pistrano, Ca�[if nia
5 0985