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07
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2013
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120313
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07
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12/5/2016 3:04:30 PM
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11/26/2013 11:46:54 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
12/3/2013
DESTRUCT DATE
15Y
DOCUMENT NO
07
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sent, correspondingly there would be no additional penalties, retaining the current 50% <br /> maximum penalty amount. <br /> In the past several years with the current structure which assess the penalties over 10 <br /> months, Business License staff has noticed a gradual increase every year in the <br /> number of delinquent license taxes paid, with over 1,125 businesses delinquent in the <br /> first two assessed months in 2013. Staff has also noted that many of the same <br /> businesses are delinquent each year, likely given the minimal penalty amount ($1.25 for <br /> the $25.00 business category is the first 5% penalty amount), indicating the City's <br /> penalty structure is ineffective. <br /> As well, it has been challenging to incorporate the accumulation of the monthly <br /> incremental penalty assessments within business license software. The delinquent <br /> notices are generated through the software program and have been modified to clearly <br /> communicate the City's penalty structure and assessment rates as currently structured, <br /> but quite often cause confusion among business owners leading to incorrect <br /> assessments paid to the city. <br /> Through a survey of California cities conducted by California Municipal Revenue and <br /> Tax Association (CMRTA), the industry organization that serves local revenue and <br /> business license professionals, business license penalties range from 10 percent <br /> monthly to a maximum of 100 percent of the delinquent business license tax amount. In <br /> this regard, Pleasanton's 5% assessment is clearly a minimal amount that is below <br /> standards in other California cities. <br /> Specifically, the proposed change to Municipal Code section 5.24.020.A would be: <br /> 5.24.020 Delinquent taxes—Penalties A. For failure to pay a the license tax when due, <br /> the collector shall add a penalty of five 25 percent of said license tax on the first day of• <br /> - - - . . • . . • -- . February; and , . • • . • • . . . . .. <br /> . - : . . . . . . . • . - - - - : 50 percent(non-cumulative) of the <br /> ameant-ef the said license tax due•on the first day of March : : - •• • - - <br /> after the duc date. When the last first day of the month falls on a day when the City Hall <br /> is closed, payment of the license tax due may be made on the next working day of the <br /> next-month without penalty. ' - •: - • • • • • • •- <br /> . . - . - -. Any license issued pursuant to this title may be suspended <br /> by the collector upon the failure of the licensee to pay any charges imposed by this title <br /> within 60 days after such charges or reports become delinquent. No license shall be <br /> issued, nor one which has been suspended or revoked shall be reinstated or reissued, to <br /> any person, who at the time of applying therefore, is indebted to the city for any <br /> delinquent license taxes, unless such person, with the consent of the collector, enters into <br /> a written agreement with the city, through the collector, to pay such delinquent taxes, <br /> plus five percent simple annual interest upon the unpaid balance, in monthly installments, <br /> or oftener, extending over a period of not to exceed one year. <br /> Page 3 of 4 <br />
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