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ORD 0594
City of Pleasanton
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ORD 0594
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Last modified
3/25/2004 10:21:27 AM
Creation date
10/18/1999 11:40:47 PM
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CITY CLERK
CITY CLERK - TYPE
ORDINANCES
DOCUMENT NO
ORD 0594
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SECTION 7. CONSTITUTIONAL APPORTIONMENT <br /> <br /> None of the license taxes provided for by this ordinance shall <br /> be so applied as to occasion an undue burden upon interstate com- <br /> <br />merce or be violative of the equal protection and due process <br />~iclauses of the Constitutions of the United States and the State of <br /> <br />iCalifornia. <br /> <br /> In any case where a license tax is believed by a licensee or <br />~applicant for a license to place an undue burden upon interstate <br />~!commerce or be viotative of such constitutional clauses, he may <br />iapply to the Collector for an adjustment of the tax. Such appli- <br />ication may be made before, at, or within six months after payment <br />~!of the prescribed license tax. The applicant shall, by sworn <br />~istatement and supporting testimony, show this method of business <br /> <br />i~and the gross volume or estimated gross volume of business and such <br />!! <br /> <br />Z~other information as the Collector may deem necessary in order to <br /> <br />.ld <br />,~ etermmne the extent, if any, of such undue burden or violation. <br /> <br />}!The Collector shall then conduct an investigation, and, after havin <br />~ifirst obtained the written approval of the City Attorney, shall fix <br />!ias the license tax for the applicant, an amount that is reasonable <br /> <br />~and non-discriminatory, or if the license tax has already been paid <br />.! <br />~!shall order a refund of the amount over and above the license tax <br />,! <br /> <br />!!so fixed. In fixing the license tax to be charged, the Collector <br />ishall have the power to base the license tax upon the gross receipt , <br />~so long as the amount assessed does not exceed the license tax as <br /> <br /> Nrescribed by this ordinance. The Collector may require the appli- <br /> bant to submit, either at the time of termination of applicant's <br /> business in the City, or at the end of each three-month period, a <br /> statement by a Certified Public Accountant as to the range of the <br /> <br /> ~ross receipts and to pay the amount of license tax therefor, pro- <br /> bided calendar year <br /> ! that no additional license tax during any one <br /> <br /> ~h 11 be required after the licensee shall have paid an amount equa <br /> <br /> <br />
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