Chapter 5.40
WINTERS BUSINESS IMPROVEMENT AREA
Sections:
5.40.040 Levy of charge separate and in addition to business license tax.
5.40.050 Classification of businesses and charges imposed.
5.40.070 Voluntary contribution.
5.40.090 Modification or disestablishment of the area.
5.40.100 Payment of charge effective date.
5.40.010 Authority.
This chapter is adopted pursuant to the “Parking and Business Improvement Area Law of 1989,” being Section 36500 et seq. of the California Streets and Highways Code, and Resolution of Intention No. 9120, adopted by the city council on May 7, 1991, 1989, and titled “A Resolution of the City Council of the City of Winters, California, Declaring Its Intentions to Establish a Business Improvement Area, to Provide for the Levying of Charges on the Businesses Located Within Such Area, Classifying Various Businesses for Such Purposes, Describing the Boundaries of the Proposed Area, the Authorized Uses to Which the Proposed Revenues Shall Be Put, the Rate of Such Charges, Fixing the Time and Place of a Hearing to be Held by the City Council to Consider the Establishment of Such an Area, and Directing the Giving of Notice of Such Hearing.” Such resolution was published and mailed as provided by law, and hearings thereon were held by the city council at its regular meeting held in the city council chambers, 318 North First Street in the city, on June 4, 1991, at which time all persons desiring to be heard, and all objections made or filed, were fully heard. The city council duly concluded the hearing on June 4,1991, and determined that protests objecting to the formation of the area have not been made by a majority of the businesses within the area and that such protests are overruled and denied. (Ord. 96-01 § 1 (part); Ord. 91-06 (part): prior code § 10-6.101)
5.40.020 Area established.
There is established a business improvement area which shall be known as the “Winters Business Improvement Area of the City of Winters,” herein referred to as the “area” for brevity and convenience. A description of the area is as follows:
All of the area within the City Limits of the City of Winters and as said City Limits may be changed from time to time by action of LAFCO and the City Council.
The businesses and those engaged in business in the area shall be subject to any future amendments to the Parking and Business Improvement Area Law of 1989 (commencing with Section 36500 of the Streets and Highway Code). (Ord. 97-01 (part): Ord. 96-01 § 1 (part); Ord. 91-06 (part): prior code § 10-6.102)
5.40.030 Authorized uses.
The proposed authorized activities and improvements to which the proposed revenue shall be put are as follows:
A. Activities.
“Activities” means, but is not limited to, all of the following:
1. Promotion of public events which benefit businesses in the area and which take place on or in public places within the area;
2. Furnishing of music in any public place in the area;
3. Promotion of tourism within the area;
4. Activities which benefit businesses located and operating in the area.
B. Improvement.
“Improvement” means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following;
1. Parking facilities;
2. Benches;
3. Trash receptacles;
4. Street lighting;
5. Decorations;
6. Parks;
7. Fountains.
C. Initial Program.
The initial program expenditures of the Winters business improvement area are proposed to include the following:
1. Advertising (i.e., freeway signs, local and regional newspapers, etc.);
2. Customer comforts (i.e. benches, trash receptacles, etc.);
3. Holiday decorations (i.e., street decorations on Railroad, Grant and Main Streets);
4. Informational handouts (business directories, maps, presentation information to attract customers and quality businesses).
There shall be no expenditures of revenues from the levy of assessments with the area on improvement or activities outside of the area. (Ord. 97-01 (part): Ord. 96-01 § 1 (part); Ord. 91-06 (part): prior code § 10-6.103)
5.40.040 Levy of charge separate and in addition to business license tax.
There is imposed a charge for the purposes authorized in Section 5.40.030 which charge is separate and in addition to the ordinary business license tax as it is imposed upon businesses and those engaged in business within the area by Chapter 5.04. Such separate and additional charge is imposed at the rates set forth in Section 5.40.050 for the specified business classifications regardless of whether the business is charged a flat rate or other basis under the provisions of Chapter 5.04. (Ord. 96-01 § 1 (part); Ord. 91-06 (part): prior code § 10-6.104)
5.40.050 Classification of businesses and charges imposed.
The annual charge imposed on each business in the area shall be twenty-five dollars ($25.00) except that residential rental businesses only as determined by the Winters business license ordinance shall not be required to pay this BID charge.
If a person engages in two or more separate businesses at the same location, there shall be but one BID assessment. (Ord. 99-03; Ord. 97-01 (part): Ord. 96-01 §§ 1 (part), 2: Ord. 94-13; Ord. 93-01; Ord. 92-03 § 2; Ord. 91-06 (part): prior code § 10-6.105)
5.40.060 New businesses.
New businesses are not exempt from the levy of the assessment of the charge in Section 5.40.050. (Ord. 96-01 § 1 (part); Ord. 91-06 (part): prior code § 10-6.106)
5.40.070 Voluntary contribution.
Any business, person or institution may make a voluntary contribution to the city for the purposes of funding the activities and the improvements in the area and such contributions shall be used for the purposes provided in this chapter. (Ord. 96-01 § 1 (part); Ord. 91-06 (part): prior code § 10-6.108)
5.40.080 Administration.
It is the intention of the city to provide for the administration of the area’s activities by appointing the Winters Chamber of Commerce as the advisory board, as provided by state law, for the area and entering into an agreement with the Chamber of Commerce, which, in the opinion of the city counci1, has the capabi1ity of representing the interests of the businesses in the area, whose general objectives are consistent with the purposes of this chapter, and who will provide the resources to effectively achieve those objectives. However, the city council will reserve onto itself sole discretion as to how the revenue derived from the charges, hereunder, is to be used within the scope of the authorized purposes, this chapter and an agreement between the city and the Winters Chamber of Commerce. (Ord. 96-01 § 1 (part); Ord. 91-06 (part): prior code § 10-6.109)
5.40.090 Modification or disestablishment of the area.
The city council, by ordinance, may modify the provisions of this chapter and may disestablish the area after adopting a resolution of intention to such effect. Such resolution shall describe the proposed change or changes, or indicate that it is proposed to disestablish the area, shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the area, and. shall state the time and place of a hearing to be held by the city council to consider the proposed action.
The city clerk shall cause such resolution to be published at least once in the official newspaper of the city, and shall also mail a complete copy thereof, postage prepaid, to each business in the area, or, if it is proposed to enlarge the boundaries of the area, to each business in the area as it is proposed to be enlarged. Such publication and mailing shall be completed within seven days of the city council’s adoption of the resolution of intention.
In the event the resolution proposes to modify any of the provisions of this ordinance, including changes in the existing charges or in the existing boundaries of the area, such proceedings shall terminate if protest is made by a majority of the businesses in the area, or in the area as it is proposed to be enlarged, as provided by Structural Highways Code 36525, provided that the city council may modify the boundaries or charges as specified in Streets and Highways Code Section 36528.
In the event the resolution proposes disestablishment of the area, the city council shall disestablish the area; unless at such hearing, protest against disestablishment is made by a majority of the businesses in the area.
At the hearing, the city council shall hear all protests and receive evidence for and against the proposed action; shall rule upon all protests. The council’s determination in this regard shall be final. The council may continue the hearing from time to time. (Ord. 96-01 § 1 (part); Ord. 91-06 (part): prior code § 10-6.111)
5.40.100 Payment of charge effective date.
The collection of the assessments imposed hereunder shall be made at the same time and in the same manner as the general business license tax under Chapter 5.04 of this code, commencing January 1, 1992.
A special fund is created, known as the “Winters Business Improvement Area Fund,” and the charges imposed by this chapter shall be deposited in such fund.
Any person who fails to pay any business improvement area assessment required to be paid by this chapter within the time required (thirty (30) days of notice) shall pay a penalty of fifty (50) percent of the amount of the assessment in addition to the amount of such assessment, and shall pay an additional ten (10) percent of the amount of such assessment, for each month of continued delinquency after the first month, provided that the amount of such penalty shall in no event exceed one hundred (100) percent of the amount of the business improvement area assessment due. (Ord. 97-01 (part): Ord. 96-01 § 1 (part); Ord. 91-06 (part): prior code § 10-6.112)
5.40.110 Violation—Penalty.
A. Any person violating any of the provisions of this chapter or any regulation or rule passed in accordance therewith, including failure to pay the BID assessment so regulated by this chapter or intentionally misrepresenting to any officer or employee of this city any material fact in failing to pay the BID charge herein provided, shall be guilty of an infraction as determined by the city’ s enforcing officer.
B. Each violation shall be documented in writing by the city’ s enforcing officer and sent by certified mail to the operator of the business in violation. Failure to respond to the notice by either abating the violation, or by filing a business license application and/or paying the BID assessment within thirty (30) days receipt of the notice shall constitute an additional violation.
C. A violation determined to be an infraction is punishable by a fine of fifty dollars ($50.00) for the first violation, seventy-five dollars ($75.00) for the second violation, and one hundred dollars ($100.00) for a third and any subsequent violations. Infraction penalties become past due if not paid to the city in full within thirty (30) days of issuance. Penalty payments shall be cumulative, with a fine of one hundred twenty-five dollars ($125.00) due after the second infraction notice, a fine of two hundred twenty-five ($225.00) due after the third infraction notice, and so on.
D. The city may take legal action through small claims court to collect all past due penalties. (Ord. 97-01 (part): Ord. 96-01 § 1 (part); Ord. 91-06 (part): prior code § 10-6.113)