ORDINANCE 11280
ORDINANCE NO. 1128
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF EL SEGUNDO, CALIFORNIA, AMENDING THE EL
SEGUNDO MUNICIPAL CODE BY DELETING SECTION
5.08.012 IN ITS ENTIRETY AND AMENDING
SECTIONS 5.08.020, 5.08.520, 5,08,570,
5.08.585, AND 5.08.670 OF CHAPTER 5.08, TITLE
5 OF THAT CODE, WHICH CHAPTER RELATES TO A
BUSINESS LICENSE TAX.
WHEREAS, the City Council is desirous of amending its tax
upon businesses of this City to provide for a reasonable and fair
share of the cost of providing municipal services based upon the
need for services created by business; and
WHEREAS, the number of workers at each site maintained by a
business within the City bears a relationship to the demand for
municipal services generated by that business; and
WHEREAS, the City Council is desirous of amending the City's
business license tax so that it bears a more direct relationship
to the number of people working at each business within the City
whether they are part -time, full -time, regular employees, or
independent contractors;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO
DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 5.08.012 of Chapter 5.08 Title 5 of the
El Segundo Municipal Code is hereby deleted in its entirety.
SECTION 2. Sections 5.08.020(c), 5,08.520(c), 5.08.570(c),
5.08.585(c), and 5.08.670(c) of Chapter 5.08 Title 5 of the El
Segundo Municipal Code shall be amended as follows:
(a) The following language of said sections shall be
deleted:
"For the purpose of determining the number of employees in
any business subject to this section the term "employee" shall
mean any person employed in a full -time, part -time, or temporary
capacity and working in said business for a wage, salary,
commission, fee or board and room.
The number of employees of the said business, for the
purposes of this section, shall be determined by totaling the
number of hours worked by all employees (as defined herein)
during the license period, and thereafter dividing that number by
40, and the result thereof by 52, or a number less than 52 which
reflects the number of weeks the business operated during a
license period."
(b) The language so deleted shall be replaced by the
following language:
"For the purpose of this section, the term "employee" shall
mean any person employed by the business; and shall include an
independent contractor, and persons employed by the independent
contractor, unless the independent contractor and /or persons
employed by the independent contractor has a valid City of E1
Segundo business license as prescribed in Chapters 5.04 and 5.08
of the El Segundo Municipal Code.
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JOA:0- 110688.F
The total number of employees for each business for purposes
of this section shall be determined by averaging the total number
of employees employed by each business during each of the four
calendar quarters preceding the date the tax is payable."
SECTION 3. Severability. If any section, subsection,
subdivision, paragraph, sentence, clause or phrase of this
ordinance or any part thereof is for any reason held to be
unconstitutional, such decision shall not affect the validity of
the remaining portion of this ordinance or any part thereof. The
City Council hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sentence, clause or
phrase thereof, irrespective of the fact that any one or more
sections, subsections, subdivisions, paragraphs, sentences,
clauses or phrases be declared unconstitutional.
SECTION 4. Operative Date. This ordinance shall become
effective immediately upon passage and adoption. The City Clerk
shall certify to the passage and adoption of this ordinance;
shall cause the same to be entered in the book of original
ordinances of said city; shall make a minute of the passage and
adoption thereof in the records of the meeting at which the same
is passed and adopted; and shall within fifteen days after the
passage and adoption thereof, cause the same to be published once
in the E1 Segundo Herald, a weekly newspaper of general
circulation, published and circulated within said City of El
Segundo and which is hereby designated for that purpose.
PASSED, APPROVED and ADOPTED this 29th , -Oay of November,
1988. /
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�.� Mayor ofd t , e City of E1 Segundo
i California
ATTES . `�
City Clerk (SEAL)
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Ronald L. Hart, City Clerk of the City of El Segundo, California, DO HEREBY
CERTIFY that the whole number of members of the City Council of the said City is five;
that the foregoing ordinance, being Ordinance No. 1128 is a full, true correct original of
Ordinance No. 1128 of the said City of El Segundo, California, entitled:
AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA,
AMENDING THE EL SEGUNDO MUNICIPAL CODE BY DELETING
SECTION 5.08.012 IN ITS ENTIRETY AND AMENDING SECTIONS
5.08.020, 5.08.520, 5.08.570, 5.08.585 AND 5.08.670 OF CHAPTER 5.08,
TITLE 5 OF THAT CODE, WHICH CHAPTER RELATES TO A
BUSINESS LICENSE TAX.
which was duly passed and adopted by the said City Council, approved and signed by the
Mayor or said City, and attested by the City Clerk of said City, all at a regular meeting
of the said Council held on the 29th day of November, 1989 and the same was so passed
and adopted by the following vote:
AYES: Councilmembers Anderson, Clutter, Dannen,
West and Mayor Jacobson
NOES: None
ABSENT: None
I do hereby further certify that pursuant to the provisions of Section 36933 of the
Government Code of the State of California, that the foregoing Ordinance No. 1128 was
duly and regularly published according to law and the order of the City Council of said
City of El Segundo Herald, a weekly newspaper of general circulation, printed, published
and circulated within said City and that the same was so published therein on the
following day, to wit:
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`e
Ronald L. Hart
City Clerk of the
City of El Segundo, California
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