The following words or phrases as used in this Article shall
have the following meanings:
"Administrative regulations"
means written administrative regulations and instructions
that are consistent with and further the terms and requirements set
forth within this Chapter.
"Assessments"
means business improvement district assessments that are
established by resolution and are assessed typically in conjunction
with business license taxes.
"Business"
means any business, commercial enterprise, trade, calling,
vocation, profession, occupation, or means of livelihood, whether
or not carried on for gain or profit. "Business" shall include operations
of any related entity or independent entity conducted for the benefit
of others and at no profit to themselves, nonprofit businesses, and
trade associations.
"Business license certificate"
means a document issued by the City which signifies that
the person or entity named on the face of the certificate has fulfilled
the requirements of the Santa Monica Municipal Code by registering
with the Department of Finance for the purpose of paying business
license tax for the classification of business for which the certificate
is issued. This document is also a written authorization issued by
the City allowing the business to engage in a specific business activity
subject to all required regulatory approvals for that business activity.
"Business license tax"
means the tax imposed pursuant to Chapters
6.04,
6.08, and
6.12 of the Santa Monica Municipal Code for the privilege of engaging in a business or occupation in the City. The business license tax is a general tax imposed for general governmental purposes.
"Business license tax exemption"
means business activities that the City has exempted under Section
6.04.025 or business activities that the City is prohibited from taxing under the Constitution or laws of the United States, or under the Constitution or laws of the State of California.
"City"
means the City of Santa Monica.
"Corporate or administrative headquarters"
means a location that provides administrative or management-related
services including, but not limited to, record keeping, data processing,
research, public relations, personnel administration, and legal support
to other location of the business. Businesses that are in research
and development or otherwise providing a service to another location
of the business or that are primarily funded by investment money or
loans rather than by gross receipts are also classified as a "corporate
or administrative headquarters".
"Engaged in business"
means conducting, operating, managing, or carrying on of
a business, whether done as owner, or by means of an officer, agent,
manager, related entity or employee. A person or entity shall be deemed
engaged in business within the City if such entity officer, agent,
manager, or employee, among other things:
(1)
Maintains a fixed place of business within the City for the
benefit or partial benefit of such person, or
(2)
Owns or leases real property within the City for business purposes,
or
(3)
Maintains a stock of tangible personal property in the City
for sale in the ordinary course of business, or
(4)
Conducts solicitation of business or advertises within the City,
or
(5)
Performs work or renders services in the City, or
(6)
Utilizes the streets within the City in connection with the
operation of motor vehicles for business purposes, or
(7)
Any other evidence of transacting or carrying on business.
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"Engaged in business" shall be construed as broadly as possible.
The foregoing specified activities are non-exhaustive and shall not
be construed as a limitation on the meaning of "engaged in business".
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"Fees"
means applicable fees that are collected in conjunction with
the business license tax.
"Gross receipts"
(1)
"Gross receipts" includes:
(i)
The total amount of the sale price of all sales, the total amount
charged or received for the performance of any act, service, or employment
of whatever nature it may be, whether such service, act, or employment
is done as part of or in connection with the sale of goods, wares,
merchandise or not, for which a charge is made or credit allowed,
including, without limitation, all receipts, cash, credits, forfeited
or retained deposits of any kind or nature, and property of any kind
or nature, in any amount for which credit is allowed by the seller
to the purchaser without any deduction therefrom on account of the
cost of the property sold, the cost of the materials used, labor or
service costs, interest paid or payable, losses or any other expense
whatsoever.
(ii)
Cost of Operations. For corporate or administrative headquarters,
all annual expenses incurred in the operation of the corporate or
administrative headquarters located in the City including, without
limitation, all payroll, including all benefits, for employees based
in the City, annual fair rent value of all real property in the City,
and cost of all utilities for the operation of such corporate or administrative
headquarters.
(2)
"Gross receipts" shall not include:
(i)
The amount of any Federal tax imposed on or with respect to
retail sales whether imposed upon the retailer or upon the consumer
and regardless of whether or not the amount of Federal tax is stated
to customers as a separate charge.
(ii)
Any California State, city, or city and county sales or tax
required by law to be included in or added to the purchase price and
collected from the consumer or purchaser.
(iii)
Such part of the sales price of any property previously sold
and returned by the purchaser to the seller which is refunded by the
seller by way of cash or credit allowances given or taken as part
payment on any property so accepted for resale.
(iv)
Any refundable deposit which is returned to the depositor.
(v)
That portion of the receipts of a general building contractor licensed under Section
6.08.060 or
6.08.070, which represents payments to subcontractors, provided such subcontractors are licensed under the provisions of this Chapter and that the general contractor furnishes the Director of Finance with the names and addresses of the subcontractors and the amounts paid to each subcontractor.
(vi)
Bad debts taken from gross receipts reported during a prior
tax year in accordance with generally acceptable accounting practices.
(vii)
Anything which the City of Santa Monica may not lawfully include
by virtue of the Constitution of the United States or the Constitution
of the State of California.
(viii)
Fees for actual costs of governmental requirements (e.g., inspections,
plan checks, etc.) paid by a licensee on behalf of a third party.
(ix)
Collections for others when the business is acting as an agent,
broker, or trustee to the extent that payments are made to those for
whom collected.
"Newly established business"
means a business which was not engaged in business in the
City during the immediately preceding business license tax period
specified for that kind of business.
"Operate"
means to manage, control or carry on, whether done as an
owner, an agent, an employee, or a lessee, or a licensee.
"Regulatory permit"
means an annual regulatory permit for the privilege of conducting
specific types of business within the City as provided by other chapters
of the Santa Monica Municipal Code.
"Related entity"
means a parent, subsidiary and any business, corporation,
partnership, limited liability company or other entity in which the
company, a parent or a subsidiary holds a substantial ownership interest,
directly or indirectly.
"Required regulatory approvals"
means any required regulatory approval, including, without
limitation, the issuance of any license agreement, permit, or any
other authorization required by the Santa Monica Municipal Code, State
law, or Federal law.
(Prior code § 6000; added
by Ord. No. 1523CCS, adopted 5/8/90; Ord. No. 2797CCS, eff. 1/1/2025)