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HomeMy WebLinkAboutAgenda Report - December 15, 1993 (65)r os c r CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Recommendations Concerning Potential Revenue Sources MEETING DATE: December 15, 1993 PREPARED BY: City Manager RECOMMENDED ACTION: That the City Council hear the presentation of the representatives of the Old Lodi High School Site Foundation and take action as deemed appropriate. BACKGROUND INFORMATION: Representatives of the Old Lodi High School. Site Foundation will be in attendance at Wednesday night's meeting to deliver a presentation addressing potential new revenue sources for the City of Lodi. Mr. Dennis Bennett, Foundation Chairman will make the presentation and a copy of his prepared remarks is attached (Exhibit A). The Foundation will make no specific recommendations at this time as to allocation of whatever additional revenue may be raised by action of the City Council. FUNDING: Not applicable Respectfully submitted, -,a Q. Qzz;- Thomas A. Peterson City Manager TAP:br Attachment CCCOMS76/7XTA.07A APPROVED. &Vi THOMAS A. PETERSON racro4d POW city MWM0W a 1%111i�1111:,,u Lodi City Council December 15,1993 Opening Remarks & Business License Introduction Mr. Mayor and members of the Council, my name is Dennis Bennett, Chairman of the Old Lodi High School Site Foundation. The { Foundation Board of Directors have for some time been studying ways to fund and complete the master plan at Hutchins Street Square. It seems at this same time it has become very evident that there are many, many needs in the community Including completion of the Boys and Girls Club facility that just recently had a ground breaking for the construction of the shell of their building; Dowatown and Cherokee Lane revitalization, as well as other infrastructure needs like future repair or replacement of eastside sewer, water and storm drain trunk lines; future park land acquisition; adequate future funding for the parks and rec master plan; and potential future water filtration systems, not to mention increased future Police and Fire personnel. We are here tonight not to discuss any specific project, but due to the City's dwindling income, we are here to discuss methods to increase the general fund and try to make the City of Lodi financially healthy, so that the Council in the future can fully act on the various needs previously stated. We have sought the advice of the City's Finance Director, Mr. Dixon Flynn and we have some specific suggestions for the City Council. The first would be updating the current City Business License Tax Ordinance which was first introduced in 1948. It is well known that this tax is extremely outdated and has many inequities to small business. The Foundation Board felt so strongly about the need to at least review this funding source that the Board hired the consulting firm of Ralph Anderson and Associates to do a full review for the City. Ms. r. Suzanne Bragdon of Ralph Anderson is here tonight to go through the report when 1 complete my comments. The second suggestion is to create a citywide Lighting and Landscape district which would include maintenance for all street lighting and park maintenance. This has become very common in Cities throughout California, and even San Joaquin County has Street Lighting Districts and Community Service Districts for park maintenance as in Woodbridge and Morada that pay for these services. The next suggestion would be to investigate the feasibility of increasing the real property transfer tax. This tax is paid to the County Recorder upon the close of escrow on the sale of a property with a portion going to the City. The City of Stockton and the City of Sacramento have increased Real Property Transfer Taxes and is substantial income to those cities. Ms. Bragdon's report contains some basic statistical information regarding this tax. The next suggestion would be to consider the implementation of a utility users tax that affects all utilities provided with the City. It could be structured so that there would be no net gain in the cost of city utilities, but even a very, very small tax on the other utilities could greatly help the Citv's General Fund. This concludes my comments and after the presentation 1 would urge the Council to direct the Staff to review the City of Lodi Business License Ordinance and incorporate the suggested changes in the report to bring it in line with reality. Also the Council should have staff look into the feasibility of the other suggestions mentioned and explore their implementation so that Lodi can survive the state budget cuts and continue to serve its citizens. r eIN iiJK-1INLIN g Lim; 1_ ,Ia;I:i*9J;E1W9JjJ10UgW9J-q TO: Lodi City Camcilmembers FROM: Lodi District Chamber of Commerce GTRC Committee SUBJECT: Resolution Concerning Proposed Business License Fee Increase DATE: December 15, 1993 At our committee meeting December 3, 1993, the following resolution was adopted: RESOLUTIONOFTHEGOVERNME TTANDTRANSPORTATIONREVIEWCObSETTEE OF THE LODI DISTRICT CHAMBER OF COMMERCE. T The Lodi District Chamber of Commerce is, in general, supportive of the idea of a Business License Fee review, but requests that the City Council delay action on a specific formula for � License foes until after the pending Froposal for Cherokee Lase and Downtown redevelopment is available, so that the nerds of such projects can be determined and such information be used in formulating any new ordinance dealing with Business License Fees. It is the prevailing opinion of Chamber members that any new revenues that may be generated by Business License Foes should be used for projects that will directly benefit business within the City and not for projects that are generally considered Community Service or Social Benefit ProJects. 1330 S. HAM LANE • P.O. BOX 386 0 LODI, CA 95241 • PHONE (209) 367.7840 • FAX (209) 334-0528 fl% Ssemmento ■ Dallat ■ Newport Beach Ralph Anderson _ R Associates 1416FAM WOASufft101 SaMWSWC4 CaGfania 9= (916) M5575 �. "$ November 2Z 1993 iwl t f rr 4 _ t 7 t s t P FtUL RMRT # RzcomMENDED FRAmEwORK FOR THE CnVS BOsviEsS Lu3msE TAX ORDINANCE "9 ClTT OP Low w r r Ssemmento ■ Dallat ■ Newport Beach 71, RESULTS OF THE LODI BUSIl M TAX STUDY: AN OVERVIEW �» Ralpb Andersen & Associates was retained by the Old Lodi High School Site Foundation to look at opportunities for increasing revenue generation capabilities of the City's current business license tax ordinance while improving equity and administration of the tax. General findings and recommendations from the analysis +�• follow. F3 i� r �+ ■ The taxing structure and rates have not been adjusted since 1948 ■ Revenue generation as a percentage of general fund revenues is S%, as reported in the 1991-92 State Controller's Report, is significantly behind �•: the Statewide average of 5.8915 and the practices of area cities "' ■ Because the basis of taxation is number of employees, revenues generated do not reflect changing economic conditions ■ Related to the above, annual growth of business license tax reveunes have averaged only 2.5% during the past five years, which is significantly below Statewide and area averages "' ■ In terms of equity, the use of number of employees as a taxing base does not accurately reflect business volume or ability to pay. x i THE PROPOSED ORDINANCE ■ Classifies all business activity into 11 broad categories of business to allow for the application of varying tax rates and taxing measures S a c r a m e r t 0 • u a N e w f: o r 1 8 e a c h hof the odiBudness T= Swdy.-ew Page 2 • Relies on gross receipts as the primary basis of taxation to ensure equity and to ensure revenues reflect changing economic conditions • Includes a raying tax rate structure to reflect variations in profitability and ability to pay • Includes tax rates to generate (1) SM million In revenue consistent with Statewide averages, (2) 5900,000 and (3) 5700,000. For more detailed information on the results of this analysis, please refer to the body of our report dated November 22, IM. TABLE OF CONTENTS Mi Wt +�; 1♦rr; i 1 Mr 1 Equity of the CWyew B=burs Lima T= S AbrTttp of the Tax to Gm ate Revouu 9 Administrative Compkxuy of the Tar 14 Summary 18 IM Business Ck=TwadDn Symm 19 TW&W Meawn 22 Taxing Ratios 26 Other Consideratiom 29 Summary 29 I Ir\ I I � / r t r • I r re ru r, I • r r � . • • i - r I 31 33 35 35 37 39 39 40 41 42 1 r TABLE OF CONTENTS (Coed AppmcaA —Rate Smote in C}uma Ordb m m Appendix B — Cmpwisan _WM Appadk C—Busbun Cat ion Defmidons Appwdir D — DefbMm of Ta bq Meawa Appmdfr E —Profit Margin Decor? by SIC A,ppmft F — Tar Rate Options Appendix G — Sampk Tar Bills A-1 Bl G1 E�1 F--1 G-1 jr., F r TABLE OF EXMnS nm Exhibit I A — Specialty Business Categories 4 Fxh%it I B — Tax Paymients for Businesses Inside and Outside of the City 4 Bdubit II - A — Regressive Nature of Current Taxing Structure and of Bracketed Per Employee Charge 6 Exhibit IIB — Similar Businesses that are not Treated Similarly 7 Exhibit 11 -Cl — Business License Tax as a Percentage of General Fund Revenue 10 Exhibit II -C2 — Survey Agency Trends Business license Tax as a Percentage of General fiend Revenue 11 Exhibit IID — Business License Tax Growth Trends: City of Lodi and Comparable Cities 11 Exhibit U -BI — Survey Agency Trends: Primary Basis of Taxation 13 Exhibit 11-132 — Business License Tax as a Percentage of General Revenue Compared to Basis of Taxation 13 Exhibit II -F — Comparison of Local Tax Structure 15 Exhibit III Al — Recommended Business Categories 21 Exhibit III A2 — Merging of Specialty Business Categories into Recommended Business Classifications 21 Exhibit M -B — Summary Analysis of Alternative Taxing Measures 23 Exh%it M -C — Recommended Taxing Measure 25 Exhibit IIID — Minimum and Maximum Profit Margin Figures by Business Classification 27 Exhibit III E — Taxing Ratio 28 Exhibit IV -A — Estimated Taxable Base 32 Exhibit IVB — Tax Rate Alternatives 33 Exhibit IV -C — Sample Tax Bills City of Lodi 34 i r, Pe CHAPTER I } INTRODUCTION s„ Ralph An&r= & Assocwa was retained by the Old Lodi High School Site E.s Foundation to develop and provide gnideiines forimplementing a revised business license tax ordinance for the City of Lodi.: -The eurrent buses license tax ordinance for. the City has not been reviewed or revised since 194& --As a result, there are signify opportunities to i Vwm the ordinance in terms of equity, revenue generation capabiilitiea, and administrative ease. Based on the .City's objectives, and practices and trrsds statewide in this field, we have prepared a suggested framev=k for the revised ordinance. This Report presents our findings and recommendations. As an introduction, this chapter contains: 1 • The bacArwnd for undataUq the study ra • Study Boats and objectives • Summary of current business license tax ordinance :+s 6: The current business license tax structure is suirimarized at the end of this chapter to provide a basis of comparison between the existing and the proposed business license tax framework C< Cities in California have had the authority to levy business license taxes for many yearn. In the past, cities used a business license tax primarily for regulatory Purposes. As such, the amount of the tax was low and was primarily designed to cover the cost of regulating certain business activities. Considerations regarding internal equity of tax rates and taxing measures were not a concern. Neither were issues regarding revenue generation or administrative simplicity. T Inaio�ctiora In recent years, and particularly under the current budget constraints, cities in ., California are utilizing the business license tax as a general revenue raising measure. This trend reflects the interest of cities in developing a broader and more secure revenue base. It also reflects basic changes that have occurred in the State and lose.'. tax structure, including elimination of the business knntory tax.". . the inability o adjustlocal property- and sales taxes, and the loss of state. and federal subvcr 'ons. Given that the City of Lodi has not reviewed or revised its business license tax ... ordinance since 1948, tax rates are low, thus negatively impacting revenue generation capabilities. One of the objectives of the Foundation, supported by the Chamber of Commerce and the city, is to use additional fiends generated through .• rovisiag the business license tax ordinance to improve public facilities: = The end result of this objective is beneficial both to the City and to businesses. In addition,,, the revised ordinance would create a'lvin win" for the business community and the M City by improving equity, through treating similar businesses similarry, and developing guidelines to make the ordinance easier to administer and monitor compliance. For all of these reasons, Ralph Andersen do Associates has been retained to evaluate and revise the current business license tax ordinance. STUDY GOAIS AND OBJECTIVES Recognizing that maccasing business license tax rates without revising the basic structure of the tax could compound inherent weaknesses in the ordinance, all `~ components of the ordinance have been revised. In developing the framework for the ordinance, three key eljectives were identified nm include: ■ Improve the equity of the business license tax including amuM (I) that similar businesses are treated similarly, (2) that the taxing sbuctune refects general profatabMV and ability to pay, and (3) that all kegitbWe businesses are clearly subject to the tax ■ Evaluate akernative revenue capabilities ■ Enhance admbdsbrtttiv ease and compliance. To facilitate review of the findings and recommendations contained herein, this Report is organized into the following chapters: Inba�ra8on ■ Chapter I — Inrvadaetion ■ Chapter H —Asseu new of the Curet Business License Tax OAtinance ■ Chapter III — Key Components of die Revised Ordinance ■ Chapter IV — Recommended Frmnework for the Business License Tax Ordinance ■ Chapter V —Administrative Co nsideradmu �.. ■ Chapter VI —Assessment of the Propased Ohibwnce 5 These end -products resulted from the completion of a aeries of different work x •R tesla, indutfin an initial meeting with Members of the Old Lodi High School Site Formation and numerous contacts with City staff to confirm revision goals and objectives. In addition a r c 1 F ehensive review and anabysis was conducted of the r, City's current business license tax ordinance, supporting doeimcntation was evaluated, and a comparison survey of business license tax rates and total tax structure wu also conducted. .. To provide a basis of comparison, a summary of the key components of the current r business license tax ordinance follows. w �- STR_UC ME OF THE CURRENT BUSINESS LICENSE TAX ORDINANCE As of Q-tober 1993, the City of Lodi recorded only 3,900 active business licenses. For Mposes of taxation, the current ordinance does not identify specific business categories, with the exception of specialty categories shown in Exhibit I a The primary fee schedule currently in place charges most businesses on the basis _ of a bracketed ave -rage number of employees structure. This structure applies to all businessca except those listed in Exhibit I -A, which are taxed based on a flat fee. In addition, there are businesses listed in Section 5.04.090 of the ordinance that are exempt from paying a business license tax, iaduding the following: -" ■ Delivery busineues without a fixed place of business in the City ■ Charities ■ Religious; educadona4 fratemud, and gm namental orlgankations -- ■ Garbage collators under contract or aVeemau wuh the City ■ Utilide , banks and bmura ce companies. r -% MW M — SPECIALTY KMIM as CATEGORIES Anne wtwet ON and ainelr aonouMoer, delldwl's AnawetMeet do" and ea. adeps Ash eobprs. Urkmebbea Auowonsw a ;.w pod Of bUtAft CWDW@b Chows" and We akoew Canadb-r or Oak etesdeinas Dumas Do or acrd 9mm Jar* dunk 1aa11 4 Junk do" OeoM N>W10 Pwl dxe , Paddlei w wo6fters Paddlas aM so0drors. personally wdm� chmM goods and pmcb Swkmwq pods Tleubla.000aal0p11a1 (h) (to The Omwe F*Wm d N aho fs.d on a ON 6% but A dmee fled t, Sreekm s n#DWV of to comm oedtw m Currently, the City takes businesses with fixed places of business in the City, and those with fuoed places of business outside of the City differently. F�clnbit I B tilustrates the tax payments due for businesses inside and outside of the City. EGO=AVUEM !OR NOW AM OUTSIDE OF TM CITY m$1pw*vOcq*wfwftnwd" SM pw went w 0byaa Owlna wnp"M m pw Wobyaa for *0 twee meta wnployaaa a nployass U pw wnp" for din twd foray amptoyaa6 fDO.lfO pw nem ob . tsar w V aenpioy it pw wnpbyaa. am w wnal,q Sections of the City's current business license true ordinance that present the various taxing schwules are contained in Appendix A . I w w i w - F- OwWewAUO=W9 of toe CkwW OAftnee As the basis for revising and improving the City's existing business license tau ordinance, a comprehensive overview assessment of the current business license tax ^: ordinance was completed. The objective of the assessment was to identify the areas of the current ordinance that could be improved in terms of equity, revenue generation capabilities, and ease of administering and enforcing compliance. 'Ibis chapter presents an assessment of the current business license tax ordinance relative to each of the concerns mentioned previously. To facilitate review, the r" findings from this assessment are presented in the following sections: s Equity of the Current Biab= Li cense Tax € '"" • Abay of the Tar to Generate Remme `�' • Adi motive Contpkxity of the Tar. The overview assessment provides the foundation for the subsequent analysis presented in the remainder of the report. EQUITY OF THE CURRENT BUSINESS LICENSE TAX As previously indicated, special attention has been given to analyzing the general equity of the City's current business license tax. In evaluating this element of the ordinance, the consultants have assessed whether or not similar businesses are treated in a him fashion under the ordinance, whether or not tax rates reflect a general ability to pay and whether or not all viable businesses are clearly subject to the tax. In analyzing the general equity of the current business license tax ordinance, the following factors have been considered: Page r Ow"m XAW of ft 0~ Organa • Naam of the current rate nwure, bxW* = ma meet of the extent to which it may be rrg M&e • Vp&a&n of the rate sauMune to businesses generally, bschaft an assessment err to whether wngw bus'v =es are &tested diffaauly • Natant of the eument classifke m sduct w4 incWft at asse=&V as to **ether simr7ar businesses ane derated &f fernntlj► • G3wnaK tax nates including at arsetsment as to whether taxing natiosand/or M rates nef ect the variations w gme al pmfkabOy among bmad classes of &min= ` Application of the c=M ordinance to classes of business g 4 bs& d fg an rises:&& as to whether s4rtafk" business categories = riot pe"* subject to or we mmspt farm payment of business 1"= taxes General weakness of the current business license tax in terms of equity that have been identified are presented below and on the following pages. The Qty s bracketed employee taxing structure is regressive, and results in placing a greater tax burden on smaller businesses with fewer employees. As indicated in Fibibit II -A, as the number of employees increase, the tax rate per employee declines, thus reflecting the regressive nature of this taxing structure. As indicated, this type of taxing structure places a heavier tax burden on smaller businesses, with fewer employees. oauerr nes► OpoWewAnownaK of the Ckurm OHS1Qrles THE CURRENT BUMNM LiCENISE_TAX SrRUCTURE_PLACES AN IWAM_Tit= ' BUR EN ON A R h�'>1Ew: m BC- tNtEsm -- .. The primary taxing structure used in the Guy's current ordinance is number of employees With respect to equity, it is difficult to relate number of employees to IM ability to pay. The result of this We of taxation is that businesses that are labor intensive are penalized while those bum having high profit margins but fewer employees contribute marginally to the Guy's business license tax revenues. PILCAMM THE SAM SEMCES � •a The current ordinance taxes businesses headquartered outside of the City differently than similar businesses headquartered inside the City. This practiceis �., extremely inequitable. While some variations may be warranted in certain circumstances, generally similar business activities should be treated similarly to +R promote equity. ON SBWM TYLE$ OF BMDMSSn ARE TREAIMD DiYFERENRI.Y e*+ There are many instances in which similar businesses are treated differently with respect to the basic tax rates that are levied. For example, there is a $5/month flat r -N fee charged for amusement rides for children, while businesses pay a $10/month flat fee for amusement rides for adults. The table in Exhibit II -B illustrates cases where these type of inequities exist, i.e. variations in tax rites despite the similarity ' of business activity. The table is not intended to identify all uses where these types of inequities exist. It should be noted, however, that variances between similar businesses in some areas may be warranted and encouraged, especially when regulation of a specific business activity is necessary. However, such variances are not always justified and raise concerns of equity. EMBIT N S - SIMRAR BUSRIESSES THAT ARE NOT TREATED SWLARLY r= �n"Ut""" . ..�:. ""�i�':y.Swr lwfnw Tr�+erd` �.�r< A rAmwrwn Rd". Affmwnw* MM for Ch§W % (N6/Ow.). AmummeM rld"s for eduh'" (S10/mo4 eewww sowing 0411) a. eowinp sed Poe w 8iiard" CM/yW vL Pool. ONWA s 04M Jul* o."I.r .A.rr o..wr-..@id�nte (t,s/vu.rrr) n ,kr+k o..Mr-++on...la.rWr (qo/ear) P"ddla" PeddlM" a SoN F I' , 4110/d h vs. PMdNrs a Sokhom perwrutlly m�ewl�cI I g goods a product" "/p wWl C"re4val" and C"mlvN" (1100/d"y), Clrarw aid Sid" Show. (s30/drA v.. Lod chap. Fee" .nd Oreo.." NatlorW win. Show (125/dM Ovavkw AWWXMW of dw OVF9 t OAOUNN . LAC[ OF BUSDSS CLASMnCATIONS DOLS NOT PROMOM TRE USE OF TAXING RA370S Business license tax ordinances typically group similar or related businesses into logical categories or classifications for purposes of taxation. From the standpoint of equity, classifications are used because they permit a different tau rate or basis of taxation to be applied according to the profitability or nature of a particular We or classification of business. In Lodi, there are no business categories to reflect major business activities in the _. City, thus the (Sty does not have the finibility. to apply differing tax rates based on profitability and ability to pay. This potentially places a higher tax burden on - those businesses that have lower profit margins than might otherwise be warranted. BUSDUM AC BM NOT SUWECr TO THE BUSINESS LICENSZ TA7C Although engaged in profitable business activities within the City, some businesses are not clearly subject to the payment of a business license tax. Because there are +� no specific business categories outlined in the ordinance, some businesses may obtain the impression that they are not subject to the business license tax. Fmunples of businesses operating in the City that presently pay no business license tax include the rental of residential and non-residential property. SOME BUSUMM ARE EXEMFMD FROM PAYING A BUSINESS LICENSE TA7C In the current ordinance, public utilities, garbage collectors, and delivery businesses are exempt from paying a business license tax. Because these are viable business activities, this raises concerns of equity. There are no legal stipulations that refrain these business from paying a business license tax. In summary, opportunities clearly exist for improving the overall equity of the tax w by modifying the current classification system, taxing measures and tax rate structure. Page Own6wAssgtanait of she CkwAmt OrgSu ce A second issue that has been explored in reviewing the effectiveness of the current business license tau ordinance is the ability of the business license tax to generate revenue for the City and reflect changing economic conditions. Other issues involve the basic competitiveness of the tax with selected cities for comparison Purposes. ,•, in analyzing these issues and concerns, the following factors have been reviewed: t ■ Cornparism of the relative importance of the business hfcetse tax as a •• revenue sogum to the City int compwbon with gown d f u2d rev== f ; ■ A historuxtl review and compwison of nCvenue gmwtlt under the czWVd +'► busimxs license = ordinance and in rdlationship to selected Compolson y PNa +� ■ Nature of the anent rate struchv4 bwh& ft an assessment of the stent to >., which it is or is not kkely to nflw economic Vvwth and chmtM in the { econom 8ena+ally r +w ■ Nature of aanw business licetse tax rater, bwbdbW an assessment of their abgUy to gmerote mww for the City r The following cities have been selected jointly with City staff for purposes of evaluating the City's competitiveness: ■ Davis ■ Sacramento ■ Galt ■ Stockton ■ Manteca ■ Tracy ■ Modesto ■ Woodland _. ■ Roseville ■ Yuba City. s To facilitate review, analysis of the ability of the City's business license tax to generate revenue is presented in the following subsections: ■ Busb= License Tax Revenue In Relationship To City General Fund Revenue _ is Business Licetse Tax Revenue Growth _ Comparison of Lodi's Business License Tax Rate Smxtrure with Comparable Cities Page Ovffvuw Assemnau of the Oume Or&wme • Comparison of Total Tar Svucmm of the OY With That in Comparable Ckies ■ Revenue Gam7ruion CapabRities. Tables and graphs have been prepared, as appropriate, to illustrate the findings in each of these areas. Based an City records, revenues generated from the business license tax in the City of Lodi represented 0.5% of the City's total general fund revenues. This is based on total business license tax revenues of $94,692 against a general fund of 517,524,313- In comparison, business license tax revenue as a percentage of general fund revenues represents nearly 5.8% on a statewide basis. Exhibit II -CI provides information on business license tax revenue relative to general find revenue for the comparison cities noted previously. In that the most r recent State CoarrolWs Report available is for 1991-92, this year was selected for comparison purposes. As indicated in Exhibit Cl and presented graphically in Exhibit II -Q business license tax revenues as a percentage of general fund -- revenue in the City of Lodi falls significantly behind the survey average (3.2%) and the survey median'(2.89/o)- tfCE118E T/lx AS A PEACEIRAGE Of GEIIERAL RAID REVEIQIE �✓u y $ti '�<(i411N�17�� 530.124 14,222.604 ki? 3.3% &11% y077.5�N �3.15544,9�0 283,253 6.%70.303 31% 4,806,001 56,565,772 67% 242.290 25,306.307 A% SmOrM rto 3,901,599 157.100.902 2.5% 8lookfon 4,733,390 8%132,2" 69% Tnoy 24SAM 12,050.70.3 1A% Wloodmd 73.341 13,75052 .6% Yabs CMy 200.0.77 10,021437 1.9% ShdmAde 606,303,182 10,070,140,441 5.5% (a) S"m A WWW Tmmcl m a m". sob CMDO Wo Arpo+c (b) TN+ ADurfa w povlded Aon ft My and 1neAod" 7n MW W" ON 40 Wo pM of Of OnbrprAM hmd. a] Ownww Assas nent of dx Qrarvlt Oh vmw L " s% ne am han s.�% Based on this one piece of information, the City has significant opportunities for increasing business license tax revenues. If the C irfs business license tax as a per- centage ercentage of general fund revenues was brought up to the Statewide average, the City could raise approodmately $1.1 mtilion in business license tax revenue. BUSUMS LICENSE TAX REVENUE GROMH Exhibit IID shows that business license tax revenue growth in Lodi was slower than all of the survey agencies between 1986/87 and 1991/92, with an average annual growth rate of 2.5%. The data compiled from the State Controller's report indicates that the average annual growth rate of the survey agencies ranged from 6.1% in the City of Davis to over 41% in the City of Manteca. Excluding the Statewide average annual growth, the survey average business license tax revenue affival growth rate over five years was 16% and the survey median average anmual growth rate was 13.4%. EXHW LRD - OUSNUM UCENSE TAX GROWN TRENDS: WY Of LOM AND COMPARABLE CMES (a) ^1r75+aab `h z�y 2 > M�Rw Yww.�w it9'� D" 400,148 5306124 0.1% Oak 58.413 ?1,660 13.4% Mwdo= 92 30 283,263 41A% ModNEo 3.210.016 4,000.601 10.0% Ro"WOO 146.598 242.290 13.3% Page 1.1 I� I r Oan*w,Caes=au of des CWmw Ord www r �:'e?�°Lil 7:x4 a'< r r .0 r •.c.,�r; ,Y q�r'!r' t .Y F'�'�,'9ry'kF "'f^'."."7 1 .�1 �..� � �i .1 � i 1},yl�l�+A q�f�t�7• i. 1" ��: �!l l: ' �1�1i1 The nature of an agencys business license tax rate structure directly impacts the ability of the tax to reflect cbanging economic conditions. This is clearly reflective of an analysis of the City's tax rate structure as compared with the practices of the ten selected survey agencies. Four of the survey agencies tax their major business categories based on gross receipts, while two agencies, City of Sacramento and Modesto, use both gross receipts and average number of employees as their taxing measure. The City of Galt and the City of Tracy primarily tax businesses based on average number of employees. The City of Woodland taxes businesses based on a fiat fee and the City of Roseville uses varying taxing measures including flat fees, average number of employees, and gross receipts. Tbese results are depicted in Exbibit II El, with the detailed survey results presented in Appendix B. As is shown in Exhibit II E2, with the exception of Yuba City, all of the survey ageneses who tax their businesses based on a gross receipts taxing structure are at or above the comparison survey average of 32% regarding business license tax as a percentage of general fund revenue. The City of Yuba City currently taxes businesses based on gross receipts, but the figure reported in the 1991/92 Controller's Report is based on a bracketed Gross Receipts/Flat Fee tax structure. Page 12 r OwnkwAstssmunt of the CWXW OrrftMM 9Lvkww Lba T= w a Paf, ap of Geowd Face/ Nove rra 11!1/12 fbtb of Ttsaten Lod AME Gj% Daub ANE 3.3% Oak OR 3.1% MWAM AR 32% Modem ANE/OR &7% RoMrM ANSIGNIN A% 8aorawrrb GR/ANE 2.5% Al -W OR bA% TOW ANE 12% YWodtnd Rd Foo .6% Yuba Cay (y GK4W F« 1.9% ANE—AtiarfGa aunwrdaniplb�tat GR—Gros Atca� (a) b 11p1/1214ft CAy oWnd MrJo td pwt mwor*,odttd eft oraltatot, and prop moslpfs b ,as 0 0 at�cr uw w r.. ®M ®• OrVw ffliw�� ,ocwpb d n r ftt u w welt of fu ftL 7At Cly rw a,. pinwy etta or f UMM In revising the business license tax ordinance, careful attention is being paid to the impact that the current business license tax bas on encouraging or discouraging new businesses from coming into the area or influencing existing businesses to stay. Recognizing that other taxes also have the potential of impacting growth and development in the City, the comparable cities previously referenced were contacted and information was collected on other local tax sources utilized and the respective rates applied. The specific tax sources surveyed include: ■ Prope ny Transfer Tax • Utility Users Tax • Transient Occupancy Tax age 13 OwrviewAua mmt of die tbaW Ohbmw In reviewing the local tau sauces other than the lousiness license tax, th- (qty's tax burden is competitive with the comparison. 2gencies regarding the property transfer tax. Regarding the uffq- user tax, half of the surveyed agencies levy the tax, ranging fromn 5% in the City of Roseville to 10% in the City of Manteca, and half of the agencies do not levy the tax. The transient occupancy tax ranges from 6% to IL59L These results are summarized in Firht'bit 11-F. In summary, based on the analysis presented in this section, the City's current business license tax structure is not an effective revenue 'generating source. In crating the CWs revenue generation capabilities with neigliboring cities, the - following observations can be drawn: • Resulting businm license tax paymaus due are gcnarrlly low in rek or sho �. to the cornparisors a vay agmdes due to the repushv per motber of anplayra tamp m=m and due to the fact that the rates have not beat adjusted since 1948 • Busihm if=m tax revenue as a paaattp of Arend fund IeNGw bs Lodi in 1991/42 was sign Ykw* kss than the ovtraU sunV avmW and the Sauey median. r • B4dnez licmx tar revenue growth is fess than aU of the zPM agencies due • pnimar4 to the low tar rata and rhe bled per employee taxiing srnuctum • ?Tie overall tar bwdm in Lod; excluding the busvuss li,mm tar, is less w, than comparison swvey agencies in that the City does not levy a utr V users I= and the base trouient oempancy tax is less than the majority of the ~" comParim =ney qpwicLs: Compounding the equity concerns with the revenue generation shortcomings, the Carty bas significant opportunities to improve the ordinance. t , I ADYAMS RATEM COMPIEXITY OF THE TAX 04 A final question that has been explored relative to the current business license tax t ordinaLce is the question of administrative complexity. Concerns focus on the ease oft of administering and complying with the provisions of the tax, as well as the cost of administration and compliance for both the City and ti:e business community.. vas M ._ / __'----___--- of Ae 0~ OMkwmw - Hill Oremm AnaWWW of On C?POW ardWna In analyzing these components of the current business license tax ordinance, the following factors have been considered. • OWt&,adm and format of dseanent ordb=:ce ■ ixrWh and canplaity of the arum( ordbuvwe ■ Fatem to which the anent( orAw w bwhsdes aII provisions necessmy for proper undestaP&OW and a&nbsisbutim of dw ordinance • Extent to which application of the ordinw= to various classes of busi = is doctonm d acrd coresistm* qWW ■ Extent to .which provisions srmplifft computation and p.vment of dw tax ~ are inchsdrd in the awmd adbumce r ■ E4brrrment of the cornet ordi uvwz .v Although the ordinance is generally complete and the length of the document is • . manageable, there are opportunities to enhance the ease of administering and complying with the business license tax ordinance. These areas are highlighted below and on the following pages .� ■ No Rusinen Qassttuadons — The current ordinance does not have designated business categories for businesses taxed based on average mimber of employees. Administratively, this may create enforcement chaDenges because viable business may obtain the impression that they are excluded from paying a business license tax. Development of business classifications will not only improve the equity of the ordinance, but lilwwise will improve administration of and compliance with the ordinance. ■ —In some areas, key provisions supporting otber components of the ordinance are excluded. Examples include the following. —While the ordinance includes a provision for examination of records, there is no provision in the ordinance guaranteeing confidentiality. Because the ordinance indicates that the City has the authority to " ... examine any papers, records, and memoran- da ... " (Section 5.04340), there should also be a. provision that ensures that the Collector or designee, will not make known the _. business affairs, operations or information obtained from the examination, except as it relates to the business license tax paid. Orm kw.venrrod of the OVnW Ordxmw —The current ordinance does not include By developing constitutional appornonmcnt guidelines, the City would ensure that undue burden would not be placed upon interstate commerce or be violative of the equal protection and due process clauses of the C.o stitution of the United States and the State. This provision would also alleviate inequities that currently exist with taxing businesses with fixed locations in the City differ- eptly than those with fixed locations outside of the City. —There is no dear definition in the ordinance of the designated "Collectee of the business license tax. In describing enforcement powers, the Director of Finance is referenced (Section 5.04360), however no specific section defines the Director of Finance as the Collector. Should a business owner have questions or concerns, it t — is not clear where they should be directed. ■ &AmWon forAre=NranberofRMRku—The definitionfor average number of employees (Section 5.04.020) is cumbersome and would be ., difficult to administer and enforce. The formula described for determin- ing average number of employees with businesses fixed in the City could be more clearly defined by indicating the number of hours or days used in the formula, rather than referring to • . customs or laws governing such employment." For the businesses with no fixed location in the City, the three days mentioned in the definition is not referenced in any other -• place in the ordinance, therefore is confusing. With the language being both confusing and cumbersome, businesses may not comply. -■ Then Is No AdMdnist do Fee For Issuing Licenses — The business r license tax ordinance does not include a provision for charging an administrative fee for processing business license tax applications. For `-- businesses that are exempt from paying a business license tax (Section 5.04.080) and home occupations whose annual gross receipts are less than $1,000 (Section 5.04.080), a business license is required. Given that processing the application and preparing the license takes staff time, an administrative fee to cover these costs could be assessed. • Gtneml Lgtl t of Ordinance — The general flow and layout of the ordinance is cumbersome because administrative and revenue raising sections are combined In order to make the ordinance easier to read, thus easier to comply with, administrative and revenue raising provisions should be separated. Each of these sections should be clearly highlighted. Page 17 awWcwAnavncW of ft OwM &&ww s. SUA04ARY Based an these findings and observations, the fiamework for a. revised business license tax adinambaa bemprepared. The recommended roWmimprove the equity, adminiatrat cc -and reveme - generation capabffities of the c*ting tax. Me ker compomms- of the, revised- ordinim., are. pmmued in Chapter with a summary of resulting tax rate structure included in Chapter IV. s Ka Comp M&W of the Recited OASWnCe CEIAPrER 11 KEY COMMONENTS THE M MINAMI z a To develop a framework for the revised ordinance which addresses the' obse:va- tim regarding equity, administration/compliance and revenue elasticity identified in the overview assessment, the framework for the revised ordinance ■ b=We a system for classifyi W businesses • Identify *=hT measures for each business clan #kadon ■ Iden* =dug ratios between business ckmifcationy. : '°° Recommendations in each of these areas are presented below and on the following pages. The resulting tax rate structure options are presented in the next chapter. M b!! to The business classification system refers to the different categories of business activity identified in a business license tax ordinance for purposes of taxation. The business classification system is important from the perspective that it: : a Allows appkcatiorn of varyi>;g tar measures ' Allows app on of varying tax rates <<� ■ Amures that all business activities are taxable Classifications are used as a means of grouping similar or related businesses into logicrl categories for purposes of taxation. From the standpoint of equity, they are �- used because they permit a different tax rate or basis of taxation to be applied according to the profitability or nature of a particular type or class of business. Page 19 r Jrsy CAnnpmwo of du Reviled OAfinowe Cities have considerable flexibility in the way in which they classify business for taxing purposes As indicated in a League of California Cities report on this subject: The restriction that license taxation shall not dory equal protection of Me laws does not tequue the adoption of an ironclad nik of equal tammm norprevent differences in tazado% disaedon In the sdec ions of subjects, or classification for tawdon purposes of different busiriares, t rade; and professions The only requirement of the constitutional provision; is unifornnity in the operation of the taxing power and this requirement is satisfied when the charge is uniform as to the class to w hwh it applies Tfucs, while a liceruirg ordi wince may not discriminate in the• burden of the charge placed on those exercising the same priti►tTi ges, in the same marnur within the same jurisdiction, the legislative body may ck=fy business carried on within its hmus and impose a license tax on all thane naturally fait within such class different in a mount from that charged than within all other classes, fife the differ ent charges on the separate classes by any standard which is fair and reasonable and not confiscatory." "A IcgisWm body has wide discretion in the imposition of license twte; and the right to classify for such purposes is of wide range and jknibMDP Unless unreasonableness plainly appears, the detemination of the legislative body is final But dassi'ficatfon may not go to the extent of being a men subterfuge for legislation direction against a pairicukwSroup of taxpayers." The Gay's current ordinance does not have categories describing major business activity. Because of this practice, all businesses are treated the same, thus the ordinance does not take into consideration profitability or ability to pay. In ensuring that the revised ordinance is equitable, and to enhance the ease of administration, a sound business classification system must be developed In designing the new classification system, the following factors have been considered. ■ The number of business cidssifncadons to ensue that they are not too numerous to negatively impact administration and enforcement ' Business groupings and consolidations to ensure that similar businesses are treated sipnHady • Individual business categories to reflect unique administrative considerations and variations in profitability i • Totat 6usvuss to mum &W alt leguunate hwm= weclewlyatbect:oMe= Based on an analysis of current bowman in .the City, and using standard Industrial Codes, Exhibit III M premm the recommended business clauifCatian system. r wa►� - rM:cOMMO o acMMEss cn s �emrr�aw. iM�dquarnr. Oonraaas wa.war wr�e tM�en p.o..ron &F nwMr a PAWWW"M Prcparsy weed a RMi0u�a1 Properly ardt arra vMko�a.0 Exhibit III A2 summaries how the specialty business categories in the current ordinance have been consolidated into the recommended business categories. A few of the specialty categories will be included in the regulatory portion of the ordinance that is currently being prepared in addition to the 11 business classifications recommended, the revised ordinance should include a "catch all" classification designed to apply to all businesses not specifically covered by other parts of the ordinance. EX4W aMs - UMO Mo Of sPECOVY suss+Eas CATEGORM WW AECOraIEMDEo BUSNEss OSSIFICATION! AIrw m * Mdaa. C♦I MM i A1numnem fit, Aduft IbWAslOky Maowgw. Rftm T.Nwe iii EM"n rin.ne Aucdonw f 9, kw wa eowbq i ftd or BNNaraa PAMO " a h m MWO CambNa FAWAdoy aka,... t Sian snow. PAWAdWy Crane, saw or grab mwchhm P49MID cry Dano" w«waaon i Enbru*-- s Page 21 Key CompmaW of du Revised Onffamu EXHIW N A2- MERGING OF SPECIALTY CATEGORIES INTO RECOMMENDED BUSINESS CIAS!lFICATIOK Door or Card Gana R.- on i A-18 uh- A Junk Daalar "ddnM) R.htl Junk Dw1w (M dA- 4 He" Pawnbrolr�r Real PeddlM & SaW A R.odlatoy Peddlaa i SotdWm panorwy •wwhefwod poodt or poduoa FAA Pool% aFRarda Raon-vim n i EnMrWrrrwN &A --I* o Paola Racnatlon Nt arat h -Im t Thaalm FMaaaeon & EntafWnmwkt Grave room PAOWMNY The business classes recommended to be included within the classification structure have been developed to: ■ FAsury that CII businesses operating within the City are clearly subject to the Z= ■ Ensure that simrlar businesses are treated similarly ■ Allow for the use of alternative taxing measures for unique situations ■ Allow for the application of variable tax rates that r e}lert profitability. Definitions of the primary business classifications are presented in Appendix G Based on the general practices of cities throughout California, alternative tax measures available to the City of Lodi include: • Flab fee ■ Gross receipts • AverzW number of employees ■ Gross Payroll Page 22 6 . it Key Cornpmaw of the Robad OASsma The advantages and disadvantages of each are summarized m Exhibit III -B General observations are presented below. kFMW Mod — SUMMARY ANALYSIS OF ALTERNATIVE TAXIM MEASUMM To" MMMWOG Eq ft Mavens Adadnlatta110a AaMaoMos o/ Eeoam b ChMP tdY�► raplealYaoyaaa FNWw,6bw Mod.re.ly npnsabo SInVb Lknb* rar«rt. a4ar 0 almd to adabn of am b dans nand nowenvoy. AO"W* n a.ets dlbnnaa In budrmm PO Miapy mon a, 0: raAaala Brno» oomvar, but can be In vohmn and voba of voMrna PI, --as a mates of cavil. PAY Ones Payrar ModsraMy npnaAva on* Modsra/� nrMols ahepso in wk~ and wapo nava • Ffat Fee—The use of flat fees as a taxing measure is most often defended on the grounds that it is the least complex of the available alternatives to administer. Because no computation is involved, there is little compliance cost for business. Similarly, the tax is relatively easy and inexpensive for . the City to administer. The use of flat fees can make revenue estimating easier, and it can be a particularly effective manner of taxing certain -' businesses where enforcement might otherwise be a problem. On the other band, the use of flat fees can result in a highly regressive rate structure because the same fee is applied to a variety of businesses -� without any consideration of business of volume or the profitability of those businesses. As compared to other measures which more accurately reflect business done within the City, flat fees can be particularly unfair when applied to those doing limited business within the City. Furthermore, the use of flat fees does not provide the City with a revenue source that adjusts to changing economic conditions. Not only do flat fees produce less revenue initially than other alternatives because they do not measure prix or volume of goods produced, but they are deficient in terms of growth in that additional revenue is only produced for the City through an upward adjustment of license fees or an increase in the number of firms doing business in the City. My C,anpme o of At Ac9nd Orth? OW ■ ArCM Number of B,rDlo era — From the standpoint of levying business license taxes for revenue -raising purposes, the use of average number of employees is superior to a flat fee because increases in revenue yield are not entirely dependent on the addition of new businesses to the communi- ty. Rather, revenues grow as employment increases. As compared to a flat he, the use of average number of employees also does a better job of distingnishing between businesses for taxing purposes by providing a rough measure of business vohtrne. Furthermorei employers have little difficulty computing average number of employees because they are presently required to keep records for social security and withholding purposes. From the standpoint of the City, few administra- tive dministrative problems are encountered. While the use of average number of employees as a tax measure is substantially better, in most cases, than a flat fee, it does have problems. With respect to equity, it is difficult to relate average number of employees to ability to pay. Furthermore, while it does provide some measure of business volume, it tends to penalize those businesses that are labor intensive while virtually ignoring those having high profit margins but few employees. ff the tax rate declines as number of employees increases, then the business license tax structure can become highly regressive. ■ Gross Rereieti — From the standpoint of equity and developing a tax that reflects changes in the economy, gross receipts is clearly advantageous. Not only does this measure of taxation offer a broad tax base, thereby permitting the City to raise revenue from this source based on relatively low tax rates, but it also allows for reasonable revenue growth without adjusting tax rates, inasmuch as it is responsive to overall changes in the economy. Although more complicated than a flat fee, taxpayer compliance is not unnecessarily complex. As indicated in a recent survey conducted by Ralph Andersen & Assoda m on business licensing practices and policies throughout California, groes receipts is the most common and preferred method of taxing major business activities such as retailers, wholesalers, manufacturers, contractors, service industries and professionals. Because the tax is levied against only that business which is done within the City, the use of gross receipts assures that double taxation will not occur. r — Mer C4nwonentr of dw AgWred Or4mowe • Gran Pgrroll — Unlike gross r-Ampm which takes into account both changes m price and volume of goods, gross payroll as a tax measture accounts only for changes in wage rates. While this can minimize the tax obligation to a business and the resulting tax revenue to the City, the erosion of taxable ban may be offset by the fact that administration is less costly anJ complex. As compared to some of the broad tax measures described previously, gross payroll can be more limited in its application in that it is only a practical alternative with respect to those classes of business that employ sufficient persons to make gross payroll a realistic tax base. • Ma— Local agencies have used a wide variety of other tax measures in specialized ckamistanca including number of vehicles, seating capacity, number of units, and square footage. Some have even expressed interest in net income as a basis for taxation. While this type of approach is the most equitable, State law presently prohibits agencies from imposing a tax based on net income (refer to Section 170415 of the Revenue and Taxation Code). Taking these observation into account, F -Aft M -C presents the recommended taxing measures by business classification. General observations supporting the use of grow receipts against the issues of equity, revenue generation and administration follow thereafter. M0*W Mc - RECOMMEMM TA7a1O MEASURE A*rkftM" Head*mrWs ConUuMm Owu P klmdeft"M QV= ftoeipb PICOMMM eva ftc*b PlAft MUM QVMR P I$ %C IdOr1 and EIMftkWM" QVW &a*% PM of i1«t- - d Plops QNMRic 4- fto of Non4bakhw" PnVefty 00" F1 1 10 Owes ftceoft Sarviae NRwMMN oram Rr-a4ft Go— ftMC*ft && — In tem of eqtft, vm receipts is generally considered to be the most equiuble tax basis available to local agencies. This ff w2me of taxation provides the City with a broad tax base. As a result of creating a broad tax base, the City can develop tax bills that are reasonable and that reflect varying business volumes, i.e., smaller businemes will pay an overall tax bill that is relatively less than that paid by larger businesses. Furthermore, business license tax rates are only applied to that amount of revenue which is generated from business activity within the City, Key Caapmant of dw Revi ed Onfinanee am therefore avoiding "double taxation" for those businesses operating both ., inside and outside the City. Finally, all businessa are treated on the same basis„ regardless of whether they are labor intenh ve or not. Gamnadm — From the standpoint of developing a tax that reflects changes in the economy, grass receipts is clearly advantageous. Not only does this measure of taxation offer a broad tax base, thereby permitting revenue to be produced at relatively low tax rates, but it also allows for reasonable growth without adjusting tax rates, inasmuch as it is responsive to overall changes in the economy. — Administratively, although gross receipts can be more — complicated than a flat fee, taxpayer compliance need not be unneeessarl- iy complex. Formused for reporting gross receipts and determining tax payments due can s be developed to minimize compliance efforts. Ldce- — wise, apportionment guidelines used for determining those receipts attnibutable to business activity in the City can be developed to maximize ease of administration and compliance. How detailed and complex reporting forms and apportionment guidelines are is attributable more to the policy of the organization than to the fad that gross receipts is the primary method of taxation. Because of administrative and enforcement considerations, the business categories of administrative headquarters, solicitors/peddlers, and special events are recommended to be taxed on an alternative basis. Definitions of recommended taxing measures are presented in Appendix D. The next consideration in developing a framework for the revised business license tax ordinance is the development of taxing ratios between different business classifications. Recognizing that gross receipts by itself does not adequately indicate the profitability of a particular business, tax rates should be determined on the basis of variations in profit margins among different classes of business. The use of taxing ratios allows the City to tax different classifications of business activity based upon the general profitability of the business activity or the general nature of business activity. For example, if the tax rate for those in Group 1 was �- S.10, it would be $.20 and S30 for those in Groups 2 and 3, respectively. Business activity not specifically falling under one of the broad classifications of business noted above would be taxed in Group 1, unless otherwise specified Page 76 Key COMPORM& of ft RaWied Osl%nanu Determining what is and is not an appropriate ratio b difficult at best. At the outset, it is necessary to compute the ratio of net profit to gross receipts in order to obtain the profit margin for different types of business activity. These figures are seldom available locally, and they are not collected in California by either State government or statewide associations like the Chamber of Commerce. As a result, it is necessary to use national figures published by the U.S. Internal Revenue Service from business income tax returns. The figures from the Internal Revenue Service are actual receipts, and are widely '~ used by economists and others for purposes of determining the profit margin of various dosses of business. However, the figures do have limitations in that the rM reports are nationwide in supe and may not completely reflect the nature of business in the City of Lodi. Furthermore, timing of the reports is such that publication is delayed for several years. Because of these limitations, it is important that they be used only w a 8uk;a w in determining taxing ratios in order to avoid applying them unfairly to any particular class of business. t4 p, Profit margin figures are available from the Internal Revenue Service for propr,'etorsbips and corporations. For purposes of establishing a ratio between busing clamlications, profit figures for netorslri are used. �'g� 8� Prof Ps tYPL�Y While fair for those engaged in business as proprietors, this approach also tends to work to the advantage of corporations because they are generally more profitable than proprietorships. Exiubit III -D presents the minimum and maximum profit margin figure- for each broad classification reported for sole proprietorships. Appendix E presents the full range of profit margin figures for sole proprietors by specific type of business activity. oalrolr moo- iwo wuaruM raofLr �uRONL ftauaes By lUa1NHs CLASSIFICATM FbW 319% 52.07% Larwac4r.r a e3% 43.85% NRio1M�N 9.0% 17.26% iipweon 3 EMrrfainrt t 10 -In 553M SKMOM 11.15% TORO% Gonevuedon 14.88% 2230% Pubic UtWAIM 1e.721c 51.757L Prohwbm 24.30% 67.89% W Some. ftdatlea of moon» SOAP Pmw1sMmW AM om Dwrbrwrf of" TMMW. MM 11M) Page 27 Afr C4MVOrAWU of Oe KW ed OrAw ce In establishing taxing ratios„ it is theoretically possible to establish a separate taxing ratio for each business classification. However, available data would make it difficult to defend these ratios. and the City would run the risk of imposing a higher tax rate on some businesses than might oftrwise be justified. By looking at the general groupings of profitability, and using the minimum profit margin figures it is passible to establish broad tau rate categories that are sound and reasonabe. Based on the groupings of profit margin data for proprietorships. the relatedness of other business activities to these businesses, and the general practices of local agencies elsewhere in the State, Exhibit III -E presents the ratios recommended for setting tax rases in Lodi. ' E1Qliri�E-TAJOgOpA�q 1 AdminAtrt" iMtdpi -r 1 M�nuhodrwa 1 POW UlMdra 3.2% -GAM 1 FWW 1 VA -1 M 1 OaitaGols 2 FW c w don a En rfarr-,wd 2 P of p.rd.r 1 Properly In.4x-14ax s R d MmAm im Propol ly . s R - F" 2 P"bow, 1 244% 1 3 Lw E=kx & radon br p,erc uAWd . and whoboatm sm mengaa d d e norl. ' In comparing the recommended ratios against the more detailed profit margin figures, wholesaling and public utilities have been recommended to fall in category 1 even though category 2 appears reasonable. To minimize administrative issues, wholesaling has been linked to the same taxing ratio as mamtfacturing and retailing. With respect to utilities, legal stipulations require that this category not be taxed at a rate higher than retail merchants. The special business categories of solicitors/peddlers, and special events have not been incorporated within the analysis of ratios in that they are recommended to be taxed on methods other than gross receipts or cost of operations. Coin operated machines would fall into group 1. F Kay Catrmm& of the Revba Ordkosee -' OTHER CONSIDERATIONS A specific business classification has not been identified for home occupations. Under this it is reeommenJed that home ons be taxed at the rate Pel• � ti � . consistent with the type of business activity undertaken. For example, if an aecoRmting service were established as a home occupation, the business would be taxed as a professional i s SUMIARY These rates are applied consistent with the revenue raising authority of the business license tax ordinance. Based on these recommendations., a specific tax rate structure is presented in the next chapter. r { i l w e } P! „ t x s ai �1 s 0 L.. PIF r= 1 Rec mmmded Fim ewoo c for the Barb m Lkxwe Tas Oanm m IV RECO ED FRAMEWORK FOR THE BUSINESS LICENSE TAX ORDINANCE 1�t A modified tax rate structure has been developed for the City's business license tax ordinance based upon the recommendations previously presented regarding: i=a PW w.� ■Busihm Gl=ftcation structure ■ Tadng meaum ■ Taxing mtioe. The recommended tax rate structure and assumptions used to estimate the impact of the revised structure fallow. An assessment of the framework for the revised ordinance is presented at the end of this chapter. The amount of revenue to be generated through the revised ordinance is a policy decision to be made by the City Council. To assess the impacts of the proposed taxing structure, three alternative scenarios have been developed for review and consideration. These proposals include generating: ■ $1,100,000 ■ $900,000 ■ $700,000 These revenue target amounts were selected to provide a range of revenue options for the City Council's consideration. Recognizing that the City currently generates .-. only S9'6 of general fund revenue from the business license tax, Option #1 would bring the percentage of general fund revenue up to the Statewide average of 5.8 percent, and Option #2 would bring business license tax as a percentage of -• general fund revenue up to 5 percent. The last alternative brings the City's business license tax revenue up to 4 percent of general fund revenues. Page 31 Rerornnfended FAvnewok for the Budwa Lkmm Tat OrAnm a Before tax rates can be established that will generate these identified revenue amounts, it is necessary to determine the taxable base within the City. Taxable base information includes both the number of businesses operating in the City by business category and the resulting gross receipts generated. In evaluating taxable base, the primary source of information that has been used is Bureau of the Census data. Because the City currently taxes businesses based on average number of employees„ gross receipts data was not available; the Census data presents average gross receipts by type of business. For retail activities, trends from the state Board of Equalization were used to estimate gross receipts. City records were utilized in the analysis to estimate the number of businesses in each business category. Taxable base figures are shown in Exhibit IV -A. MOOM r" - ElirIMATM TAXABLE BASE VIA Ss VIM 1,625 5200,374 $340.Za2,903 $340.232 ROW 736 - $471460,000 N $060,125 No On A 77 itfq,301 it3A06 R00 =13,905 platsllw 330 5373.616 $123.963.775 $123,964 COMMON 726 $172.623 (d) $123AMA00 $126A71 VYholassfa 216 $4,334,11- $936,243,M $936,243 hknu(a6haat 130 197,426._.4 $1,032.375,140 $1,032,676 (a) Sasor Ck/ tacnnda (a) Sbuaoa: U& DaparWw* of Cat m*=, ea.w o/ do Csnsw, 1067. (e) Sho Bard o/Eguaft0 , 102. FOM dbco~ S% to MNef #aim Lox nwnw 0WWW*d ftm non- n/N *OMOMW 7M Lt. (ep To - 0aet a ppotdm7m t kam ansodlwd wIM► ft oonOwdw Is4 Apwr na0 P 1 23% of awaoa Von # P pw oonbecoar In Ms Swnwono mabopoetan stads" am. Based on estimates of the number of businesses and total gross receipts generated " in the City, coupled with earlier recommendations regarding the business classification system, taxing measures and taxing ratios, three alternative tax rate options have been developed to generate $1.1 million, $900,000 and $704,000 respectively. The tax rates generated from these alternatives are presented in Exhibit IV -B. in addition to the resulting tax rates shown, it is recommended that each business pay an additional charge of $15 to covcr administrative and related costs. The detailed data used to develop these tax rate options are presented in Appendix F. ,. M Recorn+ WR&d FmMework for the Busmtts Li M" Tar Obi wwe E70UWF N -s — TAX RATE ALTERNATIVE= Bunko" deaNIONNOA Adm Fm OPNM 4" OPSON 02 OPGOO 30 $1.1 MOM sI00A00 s700.000 Iienufochow =ts &W &a SM Rr61ia UdNd" =ts SM $Zs SM R.w $15 SM to $.2c YM►of..w s1a i.3o i.�s s.�o Adn*L Hm dquMws 1Di $ta SM SM sso f'" -1, $15 SM SAO =A0 PA, ntlbn i int $13 s.00 s.a0 MO RN of AoddM1W Rov.nr its te0 M s.e0 Flue of Non4beldendd P WWI r $15 sd0 s.30 s.10 SWVk" fits &W t 0 ff.40 ProfNions $15 t 90 s.75 s eo 00 R. - #A*Psr$I.000affA=$+O IN RSI WPIVPW S1,M oftwcow ofr0 M'o These rates are based on a review of three factors: (1) the current rate structure for all business categories recommended to be merged into these special classifications, (2) consideration of reasonable rate growth, and (3) administrative considerations. Coin-operated machines would be taxed the same as Group 1 businesses. To assess the impacts that the revised rate structure will have on individual businesses, sample tax bills have been prepared for each of the major business categories. Exhi-bit IV -C presents the sample tax bills prepared. For each major business category, the following information has been identified: • Vmymg bunnes volume shown in gnus receipts • Resulting tar ball under the cunvw ordi wwe • Resl kM tat bill; including option; under the proposed rate structure^ Page 33 r Remo ounded Fromewook for dee Bu ums Lkerse Tar 07dFiearee Showa in Exhibit IV -G there are significant opportunities to increase revenue for the majority of businesses operating in the City of Lodi. The tax bids show that the gross receipts tax structure is wt regressive, therefore it does not cause a -- greater tax burden on smaller businesses versus larger businesses. Instead, the gross receipts tax structure promotes equity, ensuring that similar businesses are treated similarly. er7LHIMI NC BAWLS TAX DLLS Cir OF LOO1 t:OMiRACf0ete . i?04000i'dl 000 et07 eM qs0 elle ptD,m00/OR 100 1107 els 1100 hs i17ep00/Oel m0 tit h>0 1100 - .. M6 it0.000feR as M7 w see es7 slp,oeo/ee1 1e sft sa tam sal e,a,eloAerteee,s slaloipro/oR 100o NO ewe $0.Ms vpfs iwpo00popR eco Ow tape v,0/e 02" ap00000pe RD star vete "As soca i1A00.00eIM a pt tele 6710 sell IMAM-DAMMM IS ear OOm MN sae te001A00/fflll q an ON este aBBp.110 W`BBBBNlplYel0lee 8471 M.tOppOD/OR 100 star f1af0 'BBBie/e IMIA M 70 Me s7f0 Mal fete 64MANIM so OR ere ale NO *30CA o/OR is tar IM NO 61st UTAM/oR to so IN we we MAIL t10.t0010o0/OR Os00 it,7w p.tf0 02MO ski" u."Di 00/dl 1000 tee? it MO elm* slim MICai 0m/dl moo pay MAG Ow 8136 OIJOCADOM 100 stay 8400 GM am i1p0pp00/M t0 iia ta/m NO one s704000/OR s to tae i/to Mem 504000/OR t0 Be its $110 isle MIMCO 67,100p0pM 1000 fen 9f7m SIM 8410 "M000/OR 000 pay q: =16 ilei f610p00/OR 100 6187 6111 Mao tee slarI 0/aR M sfa an on fes f00p00/OR 10 so so MO ea IONDUMALele on."C0o0/0R 1000 flaw MIN K30 Palle 5.100.t0e/oR low ett7 et,719 vin Pow 84,MUM/OR no pay slime stplo pet W700AMIOR 100 $107 etas Ow am st,f0aAalA11 I e0 IM i10 8416 pee p'00.00D/dl M se7 am also $1M (y Ab Ipw b w1a awEr d �!•r rwr � rdpYe� �/lrr,r�a aaXWSVsdv* cs�ns CHAPTER V ADMINISTRATIVE CONSIDERATIONS =r In addition to adopting a system for classifying businesses and establishing a basis for taxing businesses within each classification, it is also necessary to make certain r- policy decisions with respect to the revised business license tax ordinance. 1-nis, chapter identifies these policy decisions, as well as other opportunities for improving the overall administration the ordinance. t �.q e«, ADMIIVISTRR_AT ME AND POLICY OIMMONS CONCERNING TIME RMSED s BUSINESS LICENSE TAX ORDINANCB w t�• This section outlines administrative and policy questions that must be addressed in the new ordinance. Suggested recommendations in each highlighted area are also presented. w Deft Business CksmWa&ns — Because the current ordinance did not identify business classifications, the new business classifications must be clearly defined. Appendix B includes definitions that can be used the � revised ordinance. AdWnistmtive Fees — To cover administrative and related costs, it is recom- mended that the City adopt an administrative fee of $30. lois fee would be charged to businesses that pay a business license tax, as well as those business that are exempt from the tax, but required to display a business license. A provision descn�ing administrative Pecs should be included in the revised business license tax ordinance. License Renewal — Guidelines should be established for renewing a business license. The current ordinance does not describe renewal procedures. Page 35 . Admbdavdve ConAdaad" &formadton Cogf ide r�icl — While the ordinance idles a provision for the T examination of records, there is no provision in the ordinance to ensure confidentiality. Because the ordinance indicates that the City has the authority to " ... examine any papers, records, and memoranda ... " (Section 5.04340 there should also be a provision that. ensures that the Collector or designee will not make known the business affairs, operations or information obtained from the examination, except as it relates to the business license tax paid. It is recommended that the provision be included in the revised ordinance. jhtiue Collector — There is no clear definition in the ordinance of the designated "Collector" of the business license tax. In describing enforcement powers, the Director of Finance n referenced (Section 5.04360), however no specific section defines the Director of Finance as the Collector. it is recommended that the "Collectoe be defined in the ordinance, including a description of roles and responsibilities.., Egforcement — In order to maximize both equity and revenue generation p» capabilities from the business license tax, appropriate measures should be . . taken by the City to ensure that all businesses operating in the City are licensed, and that those business licensed are in compliance with all *" provisions of the ordinance. Supporting this area of enforcement, provisions .. should be developed that will support the identification of new businesses operating in the City by existing businesses. Examples include: ■ Contractors reportbng any subcontractors working with them on proje • Supporting the above, contractors being identified for business license tat purposes at the tone bui't permits are taken out ■ Retaffers, sen^ -es and others, identifying outside service providers that they receive products and services from on a reoccurring basis ■ Motels and other lodging establishments identcfy special events and related activities scheduled for their facilities. Other enforcement provisions include the establishment of internal cross controls to check the validity of reported gross receipts. .� A&nbs� ConsUmad= — The current business license tax ordinance does not include apportionment guidelines. Pursuant to law, the City may only impose its business license tax on business that is attributable to the City. In many cases, businesses with a fixed location in the City will Sad that all of their gross receipts are attributable to the City, and therefore will pay a tax based on their total gross receipts. However, in the case of busi- nesses usinesses operating both inside and outside the City, apportionment can become a consideration in calculating the amount of tax due. To ensure that individual businesses apportion gross receipts in the same man=s* as other businesses, it is recommended that the apportionment guidelines be established and that the Finance Director, or designo:.: ssume a responsibility for the administration of the guidelines+ ,v. a. Prise Inder — One objective of the new business license taxing structure is to ensure that revemus generated from the tax reflect changing economic conditions The use of gross receipts fulfills this objective in that this taxing measure reflects changes associated with both volume and value of goods sold. Flat fees and administrative fees, however, do not have any inherent mechanism in place to reflect changing economic conditions. Therefore, it is recommended that the administrative fee and flat fees all be tied to the Consumer Price Index and be adjusted annually to reflect changing economic conditions 6.4 This chapter has bighlighted key administrative and policy decisions that need to *- be resolved prior to drafting the revised business license tax ordinance. These issues are in addition to the basic policy decision of how much revenue the new taxing structure should be designed to raise. ra8e m a: r % Armament Of the PAV=d *dMMM CE[APrER VI ASSESSN[EW OF THE PROPOSED ORDINANCE 1"nis, chapter provides a summary analysis of theproposcd business license tax.. structure from the perspective of equity, revenue elasticity/gewra&4L, 'Rhd administration ease- Specific findings are summarized below and on the following page by study objective. The proposed business heme ta=g structure improves the overall equity of the City's business license tax based on the following. • With the -development of a business chusykadon system, sbnfiar types of business activity are treated similarly. a Bit vwm classifications and taxing ratios have been established to support V-4 dffff='Wt= rates which recognize the general pr*abHnY of,*ffffW open of business acntW and the practices found in selected xmV • With the development of a concise system of classifying busineL-es, all business activity within the City, unless specifically ewnpied, is ckarly subject to the t= By taxing the majority of businesses on the same basis of taxation, the overall tax burden is distributed consistently and jusfifiably among all business classes: By utilidV gross receipts as the primary basis of taxation, equity is improved in that business volume and size are reflected in the calculation of total t= Fa) n dim r"" AMWMVst of Me Proposed Oma ■ Braclats and caps w: the total tan payment have not been recommended to ensure that taxpayers within the same clasaykation pay the sane tax rate per $I,OW of grass receipts: ?his enures that the rrvbcd ordinance is not Incotpmatmg these components in the revised business license tax ordinance will ensure that sl nilaf businesses are treated similarly. REVENUE ELASTIEMME2MMON line revised ordinance ensures the ability of the tax to read changes in the . exonomy and to generate revenue consistently in the following ways: ■ The proposed ordveance retia on the wee of gens rece4, %. -**has bracke% for all major business cl;ssses as a measure of taxation As compared to other measures of taxation such as avenV number of enployea or a bracketed grass receipts structure; strai8ht grass receipts is mon responsive to overaII charge in the economy By using grass receipts, revenue yield a not solely dependent on the addition of new businesses to the City or bwrearses in tax rates. ■ The resuking tax rates and relatea practices are competitive with the bunness kcense practices found in the CO srkcxed comparison ■ Because of the broad tax base which results from the use of grass receipts as a tax measure, revenue can be generated through the application of reasonable tax rates: 7be optional tax rates provide the City with opportunities for increasing revenue without negatively impacting the business community. �l 7 Assapunt of the Proposed Ont umm ns framework for the mvised business license tax ordinam maximizes administrative ease and compliance, while balanca concerns of eqmty, asfollows: - The pvpwM ordbunce 6whda a concise and Jogicalowem of do &a&= activity, araft 11 business civqwieL ■ With the development of a business classification system and Mnift the number ofdiffmnt t=W meantres utfil=4 audit and enforcement actlywas of the ordbuvwe are simplifwd. ■ By ekmbuww the bracketed average number of employees tax rate struchar, it h jvrd" fn rnm rude mrd mrRri AP tar nmment due m& the = s&ueam is no longer regauive. For than types of business activities where it IsSenerWy difficult to calculate V= receipts specifically attributable to the City, alternative tar measures have been recommended, By mabadnbw an adrabdoative license fm equity of the tax is ensured to the extent that all businesses operaft in the City are required to pay an appropriate share of the City's administr�ativr costs related to the business license tare • It is further recommended that City staff develop and document apportion- ment ffidddbum Cities in California are only able to apply the budness license tax to :hat business activity that u directly attributable to the City. For those businesses that operate both inside and outside the City, 8ukk&= assist the business owner in calculating those grass receipts that are dmx* attributable to the City of Lodi The administrative parameters provide City staff with tools to enforce the ordinance more effectively and efficiently. Page 41 Awa air Of atPAVONd OFAURN The areas of concerns addressed in the Overview Assessment in Chapter II have been &mmgbly addressed in this report.. By incorporating the proposed taxing, structure, and additional recommendations in the revised business license tax ordinance, the CitywM achieve the objectives of equity, revenue generation and administrative ease. These improvements wM be realized regardless of hoar much revenue is ultimately generated from the business license tax SPP' P' i . S t € 1 ' G r APPENDIX A - RATE SIRDCI'[JRE IN CURRENT ORDINANCE i z { N r 6; i rr' i s t Page Page A -2r. 3M.020 or be ar an ylsce tate the a of of dor does a thatis or In ( f 12.3 the con o: y t. � � to: 5.04.040 a p1m d I. bushmm or of of Every person commencins, tYDa trasact- in and arryin= on at a fixed place of O n su ons t boo b dwu in the city any budnemcs otber than those enumerated in Sections oa 5.04.060 and 3.04.070 "1 nay an is not be aaaval license tax baud upon the ava- - a ale numba of employees employed in or Val tions f sucb businm of Mwn dogs for the thin` or of as first employee, three dodw each for the ,.. tnext nine employees, one dollar each'for aniseor °" the am forty emnloym and fifty cents each for each additional employee: (Prior not code J 12-4) or *a io or S.KM Mm—No find pha of to f bust. . , . Poses to us or n Every person commenciaf, trans d 5211 1983: or 1 2-1) ins and carrying on at other than it fixed p1m of busiaem in the city any busi 3 umes other than thorn enumetate4 in . isbu • in SeWoas 5.04.060 and 3.04.070 shall piy the ' laza the n an annual license tax based upon the • this is averep number of employes of thirty . n; for o for dollars for the first employee, six doUsts to m tach for the *act nine employem, two on y in not doUars each for the next forty employees exd fins and one dollar each for each addhlonal a from Ci to approves. (Prior code 412-5) Soo y a aU us co ed 'a 5.04A60 ML,,-FW amoent. on any nese Every person comrneaci!4� trspsac'w a H in= and carryins on in the city any from to do , or out bt si enumnaW in this 1eCtio3l shall plurra th y all res o of pay a Ike= tax as follows: 61 a.•■ Haan. . r- 19 ACO Darlene hrm Ta Amar.mrar IMM aaa rim• Hat e.oe.rriom dkU- dM%.VWweM ..... mooch s Uo AMoSO M MU a.d shm. art COMMON^ a" preouk 140ft 10.00 Asaol.pM bs�aaips. .rr.q.arwr 230.00 Aaaloeerr ............ gamwr 25Ao s veer 24.00 Dowty sea "d or Oil - 0. .............. rest 70Ao Doaiaa ud wnrAn .... dqr 20.00 Cm*fiab ............. day 1000 Ctree.m.ad side slaws . tip 100.00 Cres.. Now or arab eaarl M per m.ekiae awrsa 25.00 tlas.es ............... tit✓ 3.00 CZ wend Ames, pa ,.a. .............. qo ewr 25AO J=kd=hrO id.W ... qumwr i5A0 JwldoWa oerrridem) awns 70.00 Pawstrolw ........... queswr 13.00 Ptiddl= d.olidraes .. day 10.00 Jwtm.ere.d eelid�on� Ora~ soar � pods or pod= .... quarter &00 Pbo4 Webra a .......... y.m 24.00 pooh.... 7o r UMra.mrw.00ario�ii..... der 5.00 (Prior code 112-6) SACH 1bc—Grape Fadval. For the purpose of this chapter, the Lodi GMM f estival and National Wire Shop, refeszed to In this section as "fe* tivai," shall be considered to be a fixed place of business within the city and shall pay to the dire= of finance the sum of twenty-five dogars per day during the actual operation of the fbstival. This sum sha0 not constitute a tax against the fes- tival, but shall be paid on behalf of all Concessionaim exclusive of carnivals and allied We shows, of icislly listed with the director of finarloe by the festival prior to the first day of actual operation, who transact their business wholly upon cteai �+e 62 grounds operated by the festival. Each of the ofl'iciafly listed concesoasires $113% upon payment by the fadval of the sum oftwetity-five dollars M day, be entitled to web license as may in this chq ter be required. Each such Heem shall be in effect during the period otwtual operw tion ofthe feaival f lrbusiam conducted on festival gmunds and shall be disphyed and be subject to an other pe ovisions of this chap= (Prior code;12.7) SA4= T"—Home omptions. Every person commmeaclM trans- acting and • reserving on in the city any business in his home in a residential sone, not as a nonconforming use, whose annual g= reaipb fiom such business is one thousand dollars or less shall be exempt from the payment of i license ww, but shall be required to obtain and display a license dated by the director of finance without charge. Where the anneal gross receipts from such business exceeds one thousand dollars, a license tax as prescribed in Section 5.04.080 shall be imposed. Persons; who, by reason=. - of age or infirmity. are physically unable . to earn a livdihood through ordinary mesils of labor or business -shall be exempt from am tax on business con• ducted from their own homes, as a home occupation. but shall be required to obtain a license to be issued without charge. (Prior code 112-8) B-3 5 I -A *-MIS mewle -owom -MOVIS VDPOUMP -0 *Owwpw -699 *WSPM:VISS WPNWOWP "m 409ppro PORIPWASM41 'w Mt -00t *,MIS esmlmwwdw Acq*m rM w-whownp ~Somdn -wris All wv V14 Pull Ppe emwmwnm *on $win -*off*" -MVM mma Am" OPMWVA GPPM -1110131 VDMWn-Vmt$ 'OWOIIPM--t PPMONSIM"Of ~1 nd to 110IMPS-41 vs -9 -1 VDIMS OWSPROW11010 IOWL"Plmgft 11APPODOMP SOMISVOM +00 -910 PWWAN LMOM-0 Mon onwow-ais *owptms pv—+swn amoses" ft"al 41*4PPLq it Oda" -0 413OW SPA Amdftd w 11#011119"Ift aw 00"a me POW ODA AMp11One lldp" sum ps"A "On"eman aw "Im 41gluMPOOMm wk I w; Wo MM AIMM 93MUFAM WX 10143M tiltttflt WMA -AM) GQ .....,,,w.•.•.�.....n...r.�,.. ....,n•......;..,.�.:•�.-,y.....�...q+.,r ...;:r, as :., s**. m�strt.'skrrxavuru.w� x.�nn...r.: .,.....:,..........,.... <......... .. .. ... . .. .. .. - i Crrra/ LOCI K � MOM[ TAX FRAUnCM ODIM� KMIMEY w VI Law Mw ftos w AM asmhmdpa ROSS WedprAM AN fYIiM 7L=m Tat Mwa�iM-1dw�. MKOb- A100 MO-1->l"L Mety►- YiudWwMAn :ICOtdw�l♦ INhbdnMllM •u-1d«w a��waR $""IN e-�Il�wa� Mo-aw,w M.0"l« «'wor.d saimam O&vmw wmm AWN SMO -f dbSW#, swis- vowLamt IMI- MC-A-10�y1 *w*&wf 4& p ""aft 6ML-Md4O4Ww /ti�1.00"MM Sr4Ww "MA00-ommm II W&fSAF,fttwa &Wddlw Mddpwdw/ &lora-wv a w» ofw IM&M. /Mi- w ur l l-Ywlt $*AN MiO WAWW W SMIMbK#AIW IIMKlwdwwr $W-wmpwgL MOMW/d CUNM Cy o" Oien d@2m MAx KOIO w wiYY w pO-IdwwP. Yewrwd/rd IrwMd/r IMw-wwl • w», pol� Osp~ PM Ilra-ww! b w VI I PF i k�� r - all B-% T s� . #� gsl Abs I hi fit 1 , .5 1, IV list Asa a T B-9 jig ova laijil fill; B-9 -6 31 .PH at tv l! il#� B-10 I . r+ A� MVVL I tX01Y W X111 BBMM', 983PO • 1001 mDA110 u r AppoWh � q DEFINITIONS OF RECOMW ENDED BUSINESS CLASSIFICATIONS Legal definitions and related terminology, will be drafted by City Attorney►. a However, general definitions of each of the broad classifications referenced previously are provided below. `w Ad=nLtnsdmffmdm=—AMbumnmopemumwhaetbepnnapd r,. business transacted consists of providing administrative or management - 41 related services such as, but not limited to, record keeping, data processing, research, advertift public relations, personnel administm- �. tion, legal and corporate headquarters services, to other locations where the operations of the same business are conducted which lead more directly to the production of gross receipts. ice, ■CoRawsm — Any person who is licensed as a contractor by the State of California and who undertakes to or offers to undertake to or purports •- to have the capacity to undertake to or submits a bid to, or does himself ;-, or by or through others, construct, alter, repair, add to, subtract from, improve, move, wreck or demolish any bu>7ding, highway, road, railroad, excavation or other structure, project, development or improvement, or to do any part thereof; including the erection of scaffolding or other structures or works in connection therewith, is defined as a contractor. The term contractor includes subcontractor and specialty contractor. ■ Mamnfacturm — Any person conducting, managing or carrying on a business consisting mainly of manufacturing, packing, or processing any goods, wares, merchandise or produce. ■ fess feu—Any person, group, association, partnership, firm or corpora- tion engaged in a profession or vocation licensed by the State, related to a licensed profession or vocation, and/or requiring a period of specialized training such as, but not limited to, physicians, dentists, attorneys, and ` accountants. ■ Ptcbtie Utics — Any person engaged in the business of providing utility _ services to the general public or to private businesses including such services as electrical, gas, sanitary and garbage, cable television and telephone. ■ Recreation and EnterWamemt — Any person engaged in the business of providing directly recreation, entertainment, or amusement services. • Read of Resid ndd EmaM — Any person engaged in the business of renting or letting a budding or structure to a tenant for purposes of dwelling, duping or lodging (Le, apazinteM dupes, condominium or other residential property rental excluding hotels/motels or single family w dwelling). • Read of Non -Residential Prnveri — Any person engaged in the business 4. of renting or letting a building or structure to a tenant for purposes of conducting business (Le, commercial retail space,, office• buiildsngs, –. warehouses or other non-residential property use). (Note: As is the case in other California jurisdictions, those included under this classification are typically owners of the building, or those who are in the business of leasing space for the express purpose of sub -letting. Space occupied by ; the owner is typically exempt. • RAW — Any person conducting, managing or ung on the business r ,� consisting mainly of selling at retail any goods. • Smkes —Any business providing services, repairs or improvements to or .� on real and personal property; renting or leasing personal property to businesses or persons; involving the operation of a hotel or motel; providing services to persons such as, but not limited to, laundries, +� cleaning and dyeing, shoe repair, barber and beauty shops, photographic studios, and transportation. `7 `.. ■ —Any person conducting, managing or carrying on the business consisting mainly of selling at wholesale any goods. �. ■ Misce faneous — Any person engaged in a business not specifically taxed ,w .by other provisions of this ordinance and not otherwise exempt. w. Page APPENDIX D — DEFINITION OF TAXING MEASURES Page D-1 AWaidk Page D-2 Appends DEFINITION — GROSS RECEIPTS Gross receipts is the total amount actually received or receivable from sales and/or the performance of any act or service for which a charge is made or credit allowed. Included in gross receipts are all: • Receipts (cash received) Credits (sales on time) • Property (taken in keu of cash payment). �.. E=luded from gross receipts are: ■ Cash and jobber discounts (which reduce selling price and ultimate receipt r s from sale). ■ Any tax (such as a sales tar, use tai gas tar, transient occupancy tai teal r- properly transfer tax) which is meanaed by the sales price and is included in the purchase price and collected from the consumer or purchaser. ■ Any refund that is granted, either in cash or aediti to a purchaser who returns property upon the rescission of a contract of sale ■ Amounts received by persons acting as agents, brokers or tnutees, where such .-- amounts have been collected for and are paid to another party (e&, amounts collected by salesmen and transmitted to manufacturer or dioibutor, taut f ads received and transmitted by trustee; fees separately -- itemized on statements and forwarded to a subcontractor or fee consultant as payment for services rendered, provided that a list of subcontractors or consultants and amounts paid is reported to the dry; receipts collected for and subsequently paid to a lessor, provided that the name of the lessor an d the amount paid is reported to the city). • Amounts received as refundable deposits, except those amounts that are forfeited and subsequently taken as business income • Any aedit that is granted for property provided by the consumer or purchaser as part of the purchase price (trade-in merchandise), provided that the value of property taken is reported in gross receipts when sold to someone else ■ Bad debts, when credits are reported in total in the fust year and prove uncollectible in a subsequent year. Page APPM&C • Passim bwome (e.,&, WOW on kveM nam &MmA oaaasimd wk of ' PropoV or surplus apapmen& M)- tas• •Rec*u not taxable by virtue of providwa i wk ded in du Fedmd or State r CbnstUudom i rl T { aw i i L r l • 1 t � 1 . y M W i E 1 a "O_ %' 1 w DEFINITION — COW OF OPERATIONS Cost of operations is the total amount expended for operating within the City includinz but not limited to, salaries and benefits, apenL&S leases/rentals for equipment and facilities, utilities, services and supplies, maintenance, and general operhead expenditures. This shall not include nom -cash cq)cnditum for dcpvdatkm and amortization. FW55 Page E-1 APPENDIX E SOLE PROPRIETORSHIP-13USPOMES WITH NET INCOUE. 1990 (DOLLAR AMOUNTS ARE IN 1.000 OF DOLLARS) r .. R.K• > CONSTRUCTION 1.390.577 90.993.182 17.823.993 General Building 271.133 27.637.811 4.057.078 Heavy Construction 20.085 5,012,535 441.524 PM Special Trades 1,290.379 54742,818 13,324./33 MANUFACTURING 263.164 18.583.711 3,148.747 o Food 6, Kindred Products 5.972 268,304 7%= Textile Mill Products 837 111,861 48.892 r ' Apparel 8 Other Textiles 20.510 1.649.220 1 W.11" a Lumber & Wood Products 56.077 4.005.644 704,744 T Fumiture A Fbdures 17.231 777.107 118,081 i i Printing 3 Related 40.885 3.173.460 604.496 Leather 4.897 290.176 26,270 Stone. Gey 6, Glass 11.964 661.318 43.882 +� Primary Metal Industries 1.266 174.479 41.925 Fabricated Metal Products 12,646 2,668.749 291.735 Machinery 42.025 2.716.291 622.618 Electrical 8.511 324.810, 97,575 Paper & Allied Product •• •• •• t ti Other Manufacturing 35.843 1.669.892 396.090 PUBLIC UTILI7Y SERVICES 467.308 24.768.836 5.065.600 Local Transit 81.790 1.457,541 498.955 i Trucidng 3 Warehousing 307.526 19.290.278 3.627,178 Water Transportation 51602 297.301 153.550 P4 Alf Transportation 8,876 174,506 79.936 Transportation Services 46.064 2.235.396 373.702 Communication Services 28.001 1.129.120 267.7:30 Usides 10.649 164.666 84.499 r.� WHOLESALE 1.S72.379 200.555.041 19.756.079 Wholesale Trade 284.809 42.566.734 5,854.371 Durable Goods 167.110 20.545,216 3,550.838 l4 Non -Durable Goods 117.699 22,021,518 2.303,533 RETAIL 1,257.570 158,019.307 13.902.606 ;_. Building Materials 34.833 4,910.389 453,578 Lumber & Other 3.167 944.990 73.839 Paint/Glass/Wallpaper 8,871 655.973 68.156 Hardware Stores 4,763 1,366.384 118.118 r - Nurseries a Garden Supply 12.731 1.005.976 121.519 Mobile Home Dealers 5.301 847.054 72.148 w. General Merchandise Stores 34,129 3,491,362 439,659 Variety Stores 12.869 1,713,942 159,822 Computer & Software Stores 8,883 446,922 99.270 Other General Merchandise 12.577 1.630.498 180.567 Food Stores 113.811 30.154,147 1,580,858 �.+ Grocery Stores 80.139 24,6,993 1,230,021 Retail Bakeries 16,078 1.035.914 52,454 Misc. Food Stores 17,600 4.478.240 295,383 Auto Dealers 8 Service 111,134 36.3W,262 1,663,355 Motor Vehicle Dealers -New 8,117 .,316,409 41,986 `� E-3 19.72% 14.68% 14AM 22.30% 18.93% 29.30% 436,5% 11.82% 17.21% 15.20% 1805% 905% 6,63% 24.03% 1890% 22.90% 11.57% .. 20.13% 20.39% 34.25% 18.60% 51.75% 45.81% 16,72% 23.71% 45.72% 9.85% 13.75% 17.28% 10.48% 6,60% 9.24% 7.79% 10.39% 8.64% 11.09% 8.52% 5.24% 4.99% 5.00% 6.66% 4.57% 3.19% APPENDIX E SOLE PROPRIETORSHIP - BUSINESSES WITH NET INCOME. 1990 (DOLLAR AMOUNTS ARE IN 1.000 OF DOLLARS) 414.004 Sim I MoWrVddd*DOWM-Wed 45.294 7.44%W4 Auto Parts S Accessodw 10.917 4.190.142 (les SWIM Stations 23.156 20.176.673 13CM Dadm 1.418 822A43 Misc. Auto Dealers 10.290 2e25.o61 Apparel A Accessory Stops 59,034 4AM924 Msn'1{/BOy'8Ckr"v Stows 4.781 700.515 Woman's Ready -To -Weer 0.9He 1.142.113 Woman's Accosmay Stores 10.105 188,760 Family Clothing Stores 14.468 982.112 Sloe Stores 0.040 NZ358 Misc. Apparel Stores SAM 804.050 Fumltore/Home Furnishings 78.WT 9.542.885 Fumiww Stores 21.850 3,967.224 Horne Equipment 29.577 2,299.124 Roue.told AppNonCe Stores 10.476 1.785.399 W/Audlo/Electionle StDres 12.102 1.234295 MUSICIRecord Slo as 2.794 250.843 Eating i Ddnidng Places 113.170 17,187.009 Eating Places 72.353 12.225.345 Drinking Places 27.841 4.700.300 Catering Places 12.982 295.284 Misc. Roue Stores 750,850 51.336.329 Drug Stores 7.166 4.937.000 Liquor Stores 17.909 0.452.960 Used Momhan0se/Antiques 29,274 971.020 Spotting GoodwSicycles 12,046 979.046 Book Stores 5.079 837.571 Stationary Stores 5,994 1,145.073 Jewelry Stores 30.296 3.170.150 Hobby/Toy/O me Shops 21.307 1.327.423 Camara 3 Photo Supply 1.395 19.174 Luggage i Leather Goods •• •• FabriclNeedlework Storrs 8.134 176,307 Cstelog or Mail Ordet 20.301 1,334.005 Vending Machine Sates 12.007 444.239 Door-to-Door/Telephone 380.278 10.308.100 G104Novaity/Souvenir Shops 42,675 2.214,850 Fuel Oil Dealers 1.840 973.117 Florists 191953 2.155,333 Mbc. Retail Shops 125.504 14,029,23v 3ERVICES 39.08% FINANCEANSURANCE/REAL 55AM ESTATE 954.483 42,508,973 Finance 44.321 3.503.510 Credit Agencies/Mortgage Bnks 9,952 311.488 Security/Commodity Brokers 34.389 3.192.022 Secudty8rokers/De m 11.6{7 821,254 Investment Advisors/Services 10.012 732.720 414.004 Sim SM487 778% 649.525 3.22% 27.817 4.47% 200.954 7.77% 570,424 12.60% 02.957 Me% 94.060 6.24% 97.248 52.07% 200.137 20.62% 45.200 70,553 52516 .� 1,210,989 1260% 418.981 10.56% 4116.994 18.14% 158.047 &am .. 185.785 13.27% 53,202 20.71% 1.567.384 9.13% 1.081.134 6.04% 401.504 8.53% 84.800 95 091E 8.410.301 12.507E 571,299 11.57% 270,813 4.20% 115,583 II.W% � 120,315 1229% r, 45.509 7.1496 151.958 13.27% �,.. 495.413 15.83% 156.564 11.79% 5.449 28.13% 18.906 9.82% 141.402 10.50% 63.830 14.37% 2.147,366 20.71% 4! 273,233 12.34% *q 57,021 5.941A 168.098 7.64% 1.613A30 11.50% T . 19.210.128 44.81% 1.300,124 39.08% 173.239 55AM 1,21085 38.12% 201,141 24.49% 366.509 50.027E its. F_-4 APPENDIXE SOLE PROPRIETORSHIP - 13USINESSES W17H NET INCOME. 1900 (DOLLAR AMOUNTS ARE IN 1.000 OF DOLLARS) Covanrodily13ea*T hwQas 12,710 1.698.036 649.295 30.03% nsurance Agent Omkom 301.150 ! 15,029,411 7.260.201 45.63% teal Estate OM012 23.434,045 10.560.706 45.0.211 Red Esuft Property Mgm 33403 1.490.127 462.607 33.5671 OperatodLasaors of Buildings 4,746 402.0// 1611.671 34ASN Mies.OperatogLeaors x063 091.941 77.060 11.15% RMI Estats Agwan8robrs 474,003 15:617.196 7.763.410 49.08% TitN Abstract Compania N N N f. Subbdividna & Devdopma 7.061 1,231.703 366.254 29.74% Mist. Insmance Services 12.296 942.624 172.660 60.4271 Misr. Finance & Red Estete 67.751 3.410.766 1.516.715 44A1% IEAVICES 2.624.673 07.472.637 27.263.910 27.074A lotdsJOlhw Lodging 21,92.9 1.960.762 247.060 12AM Hoteis/Mot"Tourld Court 10.703 1.466,410 170.905 11.60% RoontinQlBoarding Houses 11,217 474.372 70.065 10.09% Cwnpo)Cmping Partys ff N N N personal Services 665.446 21.577.456 0.895.321 91.0676 Coin-operated I sundry/Cleaning 13,572 1.115.295 150.941 13A0% Other Laundry/Cleaning 56.500 3,666.329 1.053.731 26.5796 Portrait Studios 30.105 1.396,299 933.543 24.02% Beauty Shope 246.909 5.662.661 1.764.651 30.00% Barber Shops 53.664 1.152.196 599.929 52.0716 Funeral Services 9,566 874,414 120.913 13AM Misc. Pasonal Services 442.699 7.S28,052 2.612.213 37.37% 7ushm" Services 1.501.501 46,474.993 15.940.931 92.66% Advertising (except direct mail) 56,057 31906.517 694.575 22.1091 Consumer Credit Reporting 5,261 104.623 43.943 42.00% Janitorial Services 322.003 4.184,941 1.752,690 41.69% Compulm/Data Processing Service 110,877 2.966,209 1.670.307 56.62% MWW lReprglArVPhoW1SIwno 79.520 2,499.151 916.212 39.54% Computer Repeir/MaintXeasing 7,826 225.670 158.113 70.00% Equipment Repdr/Maintenence 14.763 1.464.730 909.750 20.74% Otlw Business Services 909277 35,120.950 10.119.6M 30.55% lutomotive Repair 5.E Servtoes 254,032 17,734.736 2.560.234 14.44% Auto Rental/Leeming 3.652 29.295 12.133 43.90!1 Auto Parldng •• N .. .. Auto Repair Shope 195.570 14.206.366 2.071.151 14.50% Auto Services (wu*pt repair) 54,610 3,497,115 476.250 13.02% Wiscelleneous Repair Services 161,664 7.724.670 1.660.364 21.7!9% W & Audio Equipment 19.712 411.122 147,663 35.92% Other Eleetronlc Repair 41,521 2.577.106 462.322 17.94% Reupholstery/Fumiture Repair 33,769 1,016263 219.069 21.62% Other Misc. Repair 66.642 3.720.379 850.890 22.67% RECREATION i ENTERTAINMEN' 406,260 11 ,?712W 3.970,968 35.29% Motion Pictures 54,334 1,904.885 515,297 25.63% Motion PictuWrdeo Production 24AM 397.150 219,960 55.36% Motion Picturs%Tape Distribution 11.994 499.13a 180,057 36.06% E•5 .3 9-3 %W&S got We G ZPS t wa 4m"—Uou uNe"noo %NNP SWOOt z0c'LOr 619'OC suORRM OWd %cc s9 aw"t a 9t6'aeo•rt r Le9tr 861 auatmx* %",Go 99S•2r0•t seo'caet rLr'ta seopie8 tuounauu1l %W'rr SOCv"T oaz'L9r'a c tO•arz auldemmooslauWVnvla v %OL•Or rttvct SLt19OZ 06z'Zt toluar8 Oulllulue8 %CL•ar tes'm QW640$ L&9%9 801 PU I I I m*iv %LL'tr MIMI Csz•OOC'r tcr'c6 Mmes aulWulau3 %ZO'L9 t tz'Szt'a 069'ou s 0SV= supnd"o v s+splullh %=W Zcrowt S00'L06'C zaovtr woo tW PllV:o 'Iiso CNIUS OSC•CLZ't C90'9rt w*Wo8 - P3 %f0'Or CO awo ?.LCL6r'6t ZSC•9tZ NowaB lel %&M CCC'ZZO•C tCS'04t'1 rzr'rla 99*1J81PIMH v Po1P11 'Oln %Lr CC "MIOCS t6r M't OWN O"04vI P %LS'O1 61r'COC 0 t t'LOO'z awoC d uwo IwOwdAtWjOlV %Oo'49 Z00'"t 060'990 I'mw $OWN -50M %W" Oava ls9• t9O 92vo gpq4qpod 00 allow %OC'rZ SCZ'Sts OLt'Oat'Z OOE'rt "440ulo/dopom p %00•Zr Lo0'rCt• t OrC'zf0'r CLEW slo=dOl o p TWO %00.00 La0.00r 90►'rLO OSt'r old --ISKdOGPO P wow %SALC SO91909's t6S'Otr•st OWN to =*IYO %CQ'9S 09t'Ct0'St t9S'Str'9z OLO'LOt swPsdWS*90*910 !iW Lr 00VOCtbz CCt160t•tO 0091M usaw B 4mm v Pow" %Z6'et. SLWQW@9 t9&%W6tt 909'619'8 SNOt883dOHd %96'1:8• 6SZ'SLC OlC'COS't Ctres UOPWMUvt W/JW110 %W 9OC'ut SVWM Own •Pled "mom P*Pkw 'lifS QZ ort't0O S00'SCO'Z 9991tr auPvdlvlod8 wiamupld %SL'rC Ool lil orL'taC Z9a'1 . al PAMOGU a %09'Or 09ovrrz wo'0W'r o99'SOt all RW18"k ldMw*nwtu3 liSZLC Zt9'SSr'C too'OLZ'6 or6'toc BOI UORROAMU T vmm�m" %OC•Ot cuvt1 LOC'h & 00S'Lt WMAWM SO1APIA %9SLC LCS'1 000'► 0 simma old u"on 81d3;73tl l l ipIII MOM I 111gli-Iffil 111 11 ill PE 3-M UUVTWO d0 000' 1 m 3uv umnonv !lyma) O60t'3M109N1 im Hmm 83883Nt8As — dlHS!l0131tld0!!d 3108 3 7QGN3ddv % i APPENDIX F TAX RATE OPTIONS hot YA irr YA t7l CITY OF LODI FRAMEWORK FOR A REVISED BUSINESS LICENSE TAX ORDINANCE OPTION #1 ($1.100,000) Manufacturer 139 GR $1,032.575 $16 WOS $0.30 $309.773 $31111,658 Retall 758 GR $471,960 $15 $11,370 $0.30 $141,588 $152.950 Wholesale 216 GR $938.243 $15 $3,240 $0.30 $280,873 $284.113 Services 1625 GR $340.232 $15 $24,375 $0.80 $204.139 $228,514 Contractors 728 GR $125,671 $15 $10.920 $0.60 $75.403 588.323 Recreation & EnterlaInment 77 GR $13.905 $16 $1,156 $0.80 $8,343 $9,498 Professions 330 GR $123.964 $is $4,950 $0.90 $111.559 $116.609 CITY OF LODI FRAMEWORK FOR A REVISED BUSINESS LICENSE TAX ORDINANCE OPTION #2 ($900,000) 61 R Manufacturer 139 GR $1,032,575 $15 $2,085 $0.25 $258,144 $260,229 Retail 758 GR $471,960 $15 $11,370 $0.25 $117,990 $129,360 Wholesale 216 GR $936,243 $15 $3,240 $0.25 $234,061 $237.301 Services 1625 GR $340,232 $15 $24,376 $0.50 $170,116 $194,491 Contractors 728 GR $125,671 $15 $10,920 $0.50 $82.836 $73,756 Recreation & Entertainment 77 GR $13,905 $15 $1.155 $0.50 $6.953 $8,106 .� Professions 330 GR $123,954 $16 $4,950 $0.75 $92,966 $97.916 61 R CD a a M M 8 4 4 g 9 to 4* - ® a a Cc / q P� cis w CIS !9 po f R4 \ � 4040 tuwuj Z.1a) 2 7 f ■ co- 401, o ui z In 4-6 w 4-0 ■ to ■ cc 0,00 LL cc o 4k LL 3: Z 0 Ul 20 CL U. 0 CD a a M M 8 4 4 g 9 to 4* - ® a a 0 to a M M 8 4 4 g 9 to 3f - ® a a Cc P� cis w CIS !9 to 9! 4040 tuwuj Z.1a) 2 7 f ■ co- 401, o CL cc — In 4-6 4—* 4-0 to to F-5 to CM , 44 - ® P� cis w CIS !9 to 9! F-5 tuwuj Z.1a) 2 7 f ■ co- o CL cc — F-5 On n i..f APPENDIX G — SAMPLE TAR BILLS r _ y �4 w t .r i I I on Otis Oats Van 1911 9a !l8/000'oots 9C" 9tH std" a" 09 HWOO uwts 99111 O►Hs 9a1'l$ lots 001 Ho"VOL'Cs cc" owls 91t'is 10" 009 11W0001DOt'1,11 Kris 069'911 91L$s 1996 0001 bvoo0'Oot'os Ott'" ow" OWLS l0C'1$ 0091 HW000'009'9ZS 9" 01'11 9" M Ot HO/000'092 9" 9911 Us Las 09 No/000'ools an call IVIS lots 001 „W000blas 99as Pet 9t" l0" 009 uwoowoo9s 9911: 9996 91911 L99s 0001 HW0001001'111 Otis 011511 9911 9" 01 aoiowoms 99t$ Owls San LOS 9a H0/00010oLs 91211 "as ties 5911 09 N0/00o•00o'111 gas o11" 9w lots oot VD/000'DOC'it Om 01191 94911 logs 009 UU000'001'Zs 9001s 06a•lS Swis 1996 000t klD moot•9s oil" onU 991'0 1wts 009a k101000wrols 9" 61s aes an of VWOOO'9" gets o►a11 "as 1911 93 Hw000'om 999$ M11 9L" a" 09 IiD/000'OOfs 99911 999$ COLS 9e$ 9L 001000.0901 9t6S 011111S owls Lots ON NO/OOo'oo9'ts 9119 91x11 99211 at$ Ol U01000W" 90" 91" gM 1" 9a 11OJ000'009'ls 9t" "Ls Ola$ 9911 09 NO/0001000'92 919'1: 069'111 Sms lots Cot NDI0001009'ts 910'9! Its" 9twes Im 009 UDW000'Ots 960'" 999101 off" 199$ 0001 1/Wo00'o01'91s t" SCS as a1$ of eiD/wors LK 99S 091 1" 9a 1!D/o00'O9s 9911 0016 Oats us 09 bVID00'9LIs His oats Was Lots Cot ND/000'o9Cs 9t" 06011 991111 tons ON Ho/000'o"s .n,+liraY.ywi SYMhhn�!.'.'4viYi C W."- :..,:1x'4'. -f fJ'�i•�:..,ei M+: .+.v •... �."..... .. :.. _. ... w.,... ...... ,.- .. ON1t7VS310NA 8301AM31 11vim SWIS9330H- DNIHf11.OvinNW SHOIOVHIN« LVDIAI99V1D: '' I I i001:10 kLID 01118 XV.L31dnV8 D XIQN3ddV piq �M% t'KZ ' t* LJ WV' 94?,6 M"OW'7';4MW WCA-N OL90VIS rLICAtOvM, OkWJDA Ob%;^ ,., rr , "I'•vll� 1.14 Ir rlll� 'Ar -al wvuo cc_ Ww; Avm,0.4 M*w4xN 1 1 098E 1-199 bm 92W.6 0 "MAA F 0 s s V I? R u y 4 d %U