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ORDINANCE NO. 240
AN ORDINANCE OF THE CITY OF THE TOWN OF LOS ALTOS
HILLS AMENDING ARTICLE 2 OF CHAPTER 1, ENTITLED
"BUSINESS LICENSES" OF TITLE 3 OF THE LOS ALTOS
HILLS MUNICIPAL CODE BY AMENDING SECTIONS 3-1.202
TO 3-1.204, 3-1.206 TO 3-1.210 AND 3-1.214, AND
REPEALING SUBSECTION (c) OF SECTION 3-1.204 AND
SECTIONS 3-1.205 AND 3-1.211, RESPECTIVELY, THEREOF
The City Council of the City of the Town of Los Altos Hills
does ORDAIN as follows:
SECTION 1. AMENDMENT OF CODE. Section 3-1.202 of Article 2
of Chapter 1 entitled "Business Licenses" of Title 3 of the Los
Altos Hills Municipal Code is hereby amended to read as follows:
SECTION 3-1.202. Recreational Facility. The license
tax for every recreational facility permitted and
conducted pursuant to subsection (d) of Section
9-5.703 of Chapter 5 of Title 9 of this Code shall
be Three Hundred and No/100ths Dollars ($300.00) per
year.
SECTION 2. AMENDMENT OF CODE. Section 3-1.203 of Article 2
of Chapter 1 entitled "Business Licenses" of Title 3 of the Los
Altos Hills Municipal Code is hereby amended to read as follows:
SECTION 3-1.203. Architects. The license tax for
architects shall be Seventy and No/100ths Dollars
($70.00) per year.
SECTION 3. AMENDMENT OF CODE. Subsections (a) and (b) of
Section 3-1.204 of Article 2 of Chapter 1 entitled "Business Licenses"
of Title 3 of the Los Altos Hills Municipal Code are hereby amended
to read as follows:
SECTION 3-1.204. Contractors. The license tax for
contractors with or without a fixed place of business
in the Town shall be as follows:
(a) For general contractors, including building, paving,
repairing, and remodeling operations, One Hundred Twenty
and No/100ths Dollars ($120.00) per year; and
(b) For subcontractors, including, but not limited to,
plumbing, electrical, heating, tiling, roofing, and the
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like, One Hundred and No/100ths Dollars ($100.00) per
year.
SECTION 4. AMENDMENT OF CODE. Section 3-1.206 of Article 2
of Chapter 1 entitled "Business Licenses" of Title 3 of the Los Altos
Hills Municipal Code is hereby amended to read as follows:
SECTION 3-1.206. Delivery trucks. The license tax for
delivery trucks of any size, whether or not following
fixed and customary delivery routes, shall be Sixty and
No/100ths Dollars ($60.00) per truck per year.
SECTION 5. AMENDMENT OF CODE. Section 3-1.207 of Article 2
of Chapter 1 entitled "Business Licenses" of Title 3 of the Los Altos
Hills Municipal Code is hereby amended to read as follows:
SECTION 3-1.207. Engineers. The license tax for engineers
shall be Seventy and No/100ths Dollars ($70.00) per year.
SECTION 6. AMENDMENT OF CODE. Section 3-1.208 of Article 2
of Chapter 1 entitled "Business Licenses" of Title 3 of the Los Altos
Hills Municipal Code is hereby amended to read as follows:
SECTION 3-1.208. Home occupations. Every home occupation
permitted and conducted pursuant to the zoning regulations
(Chapter 5 of Title 9 of this Code) shall be deemed a
business for the purposes of this chapter and shall he
subject to all of the provisions of this chapter, and, unless
such business falls within one of the specific businesses
set forth in Sections 3-1.202 through 3-1.207 and 3-1.210
through 2-1.213 of this article, the license tax for each
such business shall be Seventy and No/100ths Dollars ($70.00)
per year.
SECTION 7. AMENDMENT OF CODE. Section 3-1.209 of Article 2
of Chapter 1 entitled "Business Licenses" of Title 3 of the Los Altos
Hills Municipal Code is hereby amended to read as follows:
Section 3-1.209. Horses: Keeping or stabling. The
keeping or stabling, whether or not for profit, of
horses not owned by the owner or person entitled to the
possession and use of the premises upon which such
horses are kept or stabled shall constitute a home
occupation for the purposes of this chapter, and the
license tax shall be Seventy and No/100ths Dollars
($70.00) per year for the first two (2) horses normally
kept, plus Four and No/100ths Dollars ($4.00) for each
of the next ten (10) horses normally kept, and an
additional Two and No/100ths Dollars ($2.00) for each
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horse in excess of twelve (12); provided, however, the
provisions of this section shall not be deemed to except
such keeping and stabling of horses from any and all other
applicable laws and regulations of the Town.
SECTION B. AMENDMENT OF CODE. Section 3-1.210 of Article 2
of Chapter 1 entitled "Business Licenses" of Title 3 of the Los
Altos Hills Municipal Code is hereby amended to read as follows:
SECTION 3-1.210. Real estate brokers, salespersons, and
employees. The annual license tax for persons carrying
on the business of selling or buying real estate shall
be based upon the average number of brokers, sales-
persons, and employees and shall be computed at the
following rates:
(a) For the first broker ....................$120.00
(b) For the next two (2) brokers and
salespersons each.... 20.00
(c) For each additional broker or sales-
person ............................... 2.00
(d) For the first three (3) employees....... 10.00
(e) For each additional employee............ 2.00
SECTION 9. REPEALS. Subsection (d) of Section 3-1.204, and
Sections 3-1.205 and 3-1.211, respectively, of Article 2 of Chapter 1
entitled "Business Licenses" of Title 3 of the Los Altos Hills
Municipal Code, be the same hereby are repealed.
SECTION 10. AMENDMENT OF CODE. Section 3-1.214 of Article 2
of Chapter 1 entitled "Business Licenses" of Title 3 of the Los Altos
Hills Municipal Code is hereby amended to read as follows:
SECTION 3-1.214. Unlisted businesses. The license tax
for all businesses not specifically set forth in this
article shall be One Hundred and No/100ths Dollars ($100.00)
per year.
SECTION 11. URGENCY. EFFECTIVE DATE.
This ordinance is an urgency ordinance and is for the immediate
preservation of the public peace, health and welfare. The facts
constituting the urgency are these:
In the event Article XIII -A is added to the California Con-
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stitution by reason of the passage of the so-called Jarvis -Gann
Initiative, Section 4 thereof would require a two-thirds vote of the
qualified electors to impose special taxes with certain exceptions
not here applicable. If the interpretation of Section 4 by Messrs.
Jarvis and Gann, namely that a special tax is one other than an ad
valorem property tax, is correct then business license taxes could
not be imposed or amended without the required two-thirds vote.
Further, a judicial interpretation of what is meant by the term
"qualified electors" would be required because of the deletion of this
term from the California Constitution earlier and before the total
number of voters to whom the two-thirds vote requirement referred
could be determined.
In the event Article XIII -A is approved by the voters on June 6,
1978, it is necessary to obtain alternate sources of revenue to
maintain essential services of the City of the Town of Los Altos Hills
by reason of the loss of revenue from the ad valorem tax on real
property.
The City Council has found and determined that the revised
charges imposed by the within ordinance are reasonable and are required
to equitably spread the cost of government and City services and to
enable the City to maintain a reasonable level of municipal service
within the community.
If the effective date of the revised charges imposed by the
within ordinance is delayed by reason of litigation arising out of the
adoption of Article XIII -A, the City will be without adequate income
with which to maintain a reasonable level of municipal service within
the City thereby causing undue hardship upon the residents of this
community.
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This ordinance takes effect immediately.
SECTION 12. POSTING.
This ordinance shall be posted within the City of the Town
of Los Altos Hills in three (3) public places.
REGULARLY passed and adopted this 31st day of May, 1976.
ATTEST:
city �
Clerk
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Mayor