League of Women Voters of California Education Fund
	Santa Clara County, CA November 2, 2010 Election
	Measure M Business License Tax City of Campbell Business License Tax - Majority Approval Required Pass: 8,852 / 69.59% Yes votes ...... 3,869 / 30.41% No votes See Also: Index of all Measures

Arguments For Measure M

Vote YES on Measures M and N, companion measures to maintain vital City services and protect our quality of life in Campbell. The State has taken millions of dollars from Campbell to deal with the State's deficit. To be fiscally responsible and operate efficiently, the City of Campbell has cut more than $7 million and mandated furlough days for all staff. Our community simply cannot afford additional cuts. Vote YES on Measures M and N to provide protected and reliable sources of local revenue to help maintain critical services, including: rapid 911 emergency response times; current levels of firefighters and police officers; police patrols and crime prevention programs; city street and pothole repairs; and the Campbell Community Center, including senior nutrition programs and after-school programs for children and teens. The time has come for Measure M - Campbell has one of the lowest business license taxes in Santa Clara County. The rate has not changed in almost 30 years, so it has not kept up with the current cost to provide City services. Businesses rely on City services and should pay their fair share. The Campbell Chamber of Commerce and local businesses support Measure M. Vote Yes on Measures M and N for important taxpayer protection provisions: NO MONEY GOES TO THE STATE - these measures will give Campbell local control over local funds for local needs. ANNUAL INDEPENDENT FINANCIAL AUDITS AND YEARLY REPORTS TO THE COMMUNITY to keep the City accountable for how funds are spent. Please support our City and join a broad coalition of community leaders, business owners and residents: VOTE YES ON MEASURE M AND YES ON MEASURE N. Visit http://www.SupportCampbell.org for more information. /s/ Neil Collins Campbell Chamber of Commerce Executive Director /s/ Alan G. Lowder Retired Firefighter /s/ Gary Berg Campbell Police Officers' Assoc. President /s/ Arthur Low Campbell Business Owner (No arguments against Measure M were submitted)

Full Text of Measure M

ORDINANCE NO. 2132 BEING AN ORDINANCE OF THE CITY COUNCIL AND PEOPLE OF THE CITY OF CAMPBELL AMENDING PROVISIONS OF THE CAMPBELL MUNICIPAL CODE REGARDING BUSINESS LICENSE TAXES The City Council and the People of the City of Campbell to ordain as follows: SECTION ONE: This ordinance makes changes in various business license tax rates, as well as consolidating various classifications of businesses. Where a reference to a certain type or classification of business is deleted from the Municipal Code, it is the intention of this ordinance that the deleted type or classification of business will be taxed as provided for in the more general classification into which that type or classification of business falls under Campbell Municipal Code section 5.04.010, unless some other more specific provision applies. For example, kennels, animal hospitals, bowling alleys, skating rinks, riding academies, shoe shines and auction galleries with fixed location in the City shall be subject to the rates for commercial businesses; veterinarians would be subject to the rates set forth for professional businesses; scavenger businesses, junk dealers and junk collectors would be subject to the rates set forth for industrial businesses; and businesses with no fixed place of business within the City that use a motor vehicle in the conduct of his business in the City, and auctions conducted by businesses that have their offices located outside the City shall be subject to the rate for out of town businesses. The deletion of a certain type or classification of business shall not be interpreted to mean that the business is exempt from payment of a business license tax. SECTION TWO: Section 5.01.010 of the Campbell Municipal Code is hereby amended to read: 5.01.010 Exemption for charities, public utilities and non-commercial speech. (a) Charities. The provisions of this title shall not be deemed or construed to require the payment of a license fee to conduct any business or require the payment of any license fee from any institution or organization which is conducted, managed, or carried on wholly for the benefit of charitable purposes and from which profit is not derived, either directly or indirectly by any individual, firm, or corporation; nor shall any license be required for the conducting of an entertainment, dance, concert, exhibition or lecture on scientific, historical, literary, religious, or moral subjects whenever the receipts from the same are to be appropriated to any church or school, or to any religious or benevolent purpose within the city; nor shall any license be required for the conducting of any entertainment, dance, concert exhibition, or lecture whenever the receipts from the same are to be appropriated for the purposes and objects for which such association or organization was formed, and from which profit is not derived, either directly or indirectly, by any individual, firm or corporation. Nothing in this section contained shall be deemed to exempt any such institution or organization from complying with the provisions of this title requiring such institution or organization to obtain a permit from the city council or proper officer to conduct any business. COMPLETE TEXT OF MEASURE M - Continued (b) Public Utilities. The terms and provisions of this chapter shall not be deemed nor construed to apply to: (1) Any public utility which makes an annual payment to city under a franchise or similar agreement, and (2) Any public utility subject to the provisions of the Public Utility Act of the state of California, and the regulations of the Public Utilities Commission. It is provided further, that the exemption contained in this section shall not be construed to preclude the city from granting or requiring such franchises and agreements providing for annual payment to the city as may now or hereafter be authorized by the laws of the state of California, nor to vitiate any franchise or agreement heretofore entered into by any public utility and city. (c) Non-commercial speech. The provisions of this Title shall not be deemed or construed to require the payment of a license tax from any person, institution or organization to engage in non-commercial speech protected by the First Amendment of the United States Constitution or Article I, section 2 of the California Constitution. For purposes of this subsection, non-commercial speech shall mean speech that does not directly or indirectly name, advertise, promote, propose or call attention to a business, product, accommodation, service or other commercial activity, or commercial transaction, or otherwise involve a commercial transaction. SECTION THREE: Section 5.04.010 of the Campbell Municipal Code is hereby amended to read: 5.04.010 Designated. Every person conducting businesses, professions and activities in the city, the primary nature of which is indicated in the following schedule, shall annually pay the license tax set opposite the same, based upon the average number of employees in such business, according to the following schedules, unless such business is otherwise specifically taxed by other provisions of this chapter: [table omitted from this version - see the City of Campbell web page http://www.ci.campbell.ca.us/cityclerk/Resources/Election/Item%2001.pdf] SECTION FOUR: Sections 5.04.030, 5.04.040 and 5.04.050 of the Campbell Municipal Code are hereby deleted. SECTION FIVE: Section 5.08.010 of the Campbell Municipal Code shall be amended to read: 5.08.010 Activities designated--Fees. No person shall conduct any of the following businesses and activities in the city without first securing a permit therefor from the city council on written application filed therefor with the City Clerk, approved by the Chief of Police, the Chief of the Fire Department, and the Zoning Officer of the city. The application shall comply with the requirements of section 5.08.020. The following are the activities regulated by this chapter and the license fee therefor: [table omitted from this version - see the City of Campbell web page http://www.ci.campbell.ca.us/cityclerk/Resources/Election/Item%2001.pdf] COMPLETE TEXT OF MEASURE M - Continued SECTION SIX: Section 5.08.020 of the Campbell Municipal Code shall be amended to read: 5.08.020 Contents of applications. The written application provided for in Section 5.08.010 for any activities, businesses and trades enumerated in Sections 5.08.010 and 5.28.010 shall set forth the following: (1) The name and address of the applicant; (2) The name and address of the person by whom employed, if any; (3) The nature of the business for which a permit is requested and the number of persons to be employed, both male and female; (4) Where applicable, a brief description of the nature and amount of equipment to be used in such business; (5) The place where such business is to be conducted; (6) The personal description of the applicant; (7) The applicant shall also be required to furnish evidence of his identity, of such character as the City Council may require, and shall also be required to furnish his fingerprints and thumbprints; (8) All applications must be accompanied by any and all license fees prescribed by this Title, as well as any and all applicable regulatory fees as set by City Council resolution to defer the cost of any applicable regulatory program to which the activity, business or trade is subject, and shall be filed with the City Clerk. Such applications shall be reviewed by the Chief of Police, Chief of the Fire Department and the Building and Zoning Enforcement Officers, who shall submit their findings to the City Council to assist the council in determining whether or not the application shall be granted or denied. The City Council, on granting a permit, may impose such conditions as it finds reasonable. The City Council may deny a permit if it finds that the activity applied for or the location thereof will create a public nuisance. SECTION SEVEN: Section 5.08.050 of the Campbell Municipal Code is hereby deleted. SECTION EIGHT: Section 5.08.080 is hereby amended to read: 5.08.080 Amusement devices. Every person commencing or carrying on the business of rental, lease or operation of amusement devices or vending machines within the city shall pay to the City Clerk Clerk an annual license fee in the amount set forth in the following schedule: [table omitted from this version - see the City of Campbell web page http://www.ci.campbell.ca.us/cityclerk/Resources/Election/Item%2001.pdf] SECTION NINE: Section 5.12.100 is hereby amended to read: COMPLETE TEXT OF MEASURE M - Continued 5.12.100 Regulatory Fee. Any person, firm, or corporation owning or operating a kennel, pet shop or other animal establishment shall pay an annual regulatory fee, as established by resolution of the City Council, in addition to any other license fee imposed by this Title. SECTION TEN: Section 5.12.120 is amended to read: 5.12.120 Renewal. The procedure for the renewal of any license shall be subject to the same conditions and shall be done in the same manner as the issuance of an original license. SECTION ELEVEN: The last sentence of subsection (a) of section 5.24.010 of the Campbell Municipal Code, which presently reads, "The license fee therefor shall be one hundred dollars per year," is hereby amended to read: The City Council shall by resolution establish the regulatory fee to be paid upon application for this permit. SECTION TWELVE: Subsection (b) of Campbell Municipal Code 5.28.020 is hereby amended to read: (b) The annual regulatory fee for any permit or application under this Chapter shall be set by the City Council, which shall be in addition to any other fee provided in this Chapter. SECTION THIRTEEN: Section 5.29.270 of the Campbell Municipal Code is hereby amended to read: 5.29.270 Regulatory fee. A regulatory fee in an amount established by resolution of the City Council shall be paid at the time of issuance of a bingo license, and at the time of each renewal of said license, in addition to any business license fee due under this Title. If an application for a license is denied, one-half of any regulatory fee paid shall be refunded to the organization. SECTION FOURTEEN: Section 5.40.030 of the Campbell Municipal Code is hereby amended to read: 5.40.030 Owners license. It is unlawful to operate any taxicab in the city unless the owner thereof applies for and obtains a license so to do, which license shall be applied for, granted, and in effect, all in compliance with the provisions of this Chapter. The owner shall pay an annual regulatory fee as established by resolution of the City Council in addition to any business license fee imposed pursuant to this Title. SECTION FIFTEEN: Section 5.44.080 is hereby amended to read: 5.44.080 Term of permit. All licenses issued under this Chapter shall be for a term of one year, renewable on written notice to the Chief of Police and accompanied by the payment of a regulatory fee established by resolution of the City Council in addition to any annual business license fee required by this Title. Such renewal, however, shall be subject to the recommendation of the Chief of Police. COMPLETE TEXT OF MEASURE M - Continued SECTION SIXTEEN: Subsection (c) of Campbell Municipal Code section 5.50.030 is hereby amended to read: (c) The application shall be accompanied by payment of a regulatory fee established by resolution of the City Council, which shall be in addition to any business license fee imposed pursuant to this Title. SECTION SEVENTEEN: Subsection (b) of Campbell Municipal Code section 6.04.160 is hereby amended to read: (b) Contractor shall have the sole and exclusive right for refuse collection services provided for in this code as it relates to all residential areas, to each single-family dwelling, to all multiple apartment units, to all commercial, business, industrial, and manufacturing establishments, located within the city boundaries of this city, with the following exceptions: (1) That whenever a commercial, business, industrial or manufacturing establishment produces rubbish or debris that has resaleable value, it may negotiate with a scavenger company other than the contractor under contract with the city, for the opportunity of selling these specific items. The scavenger company providing this service must receive a permit issued by the fire chief or his delegated representative and obtain a business license pursuant to Title 5 of this Code. (2) In those cases where a commercial, business, industrial or manufacturing establishment can show to the satisfaction of the fire chief or his delegated representative that the contractor under contract with the city cannot provide the necessary service required by said establishment, the fire chief may grant a permit for a scavenger company other than the contractor to provide service to the establishment. Scavenger company requesting this permit must also obtain a business license pursuant to Title 5 of this Code. SECTION EIGHTEEN: Section 6.08.040 of the Campbell Municipal Code is hereby amended to read: 6.08.040 Regulatory Permit fee. The regulatory permit fee for conducting a restaurant or food establishment shall be as established by resolution of the City Council. SECTION NINETEEN: Section 7.14.030 shall be amended to read: 7.14.030 Permit period and regulatory fee. The fee for a permit to keep or maintain dangerous animals shall be as established by resolution of the City Council for a twelve-month term. The permit shall expire and be renewable as set forth in Section 7.20.040. SECTION TWENTY: Section 5.01.170 is hereby added to Chapter 5.01 of the Campbell Municipal Code to read as follows: 5.01.170 Council Authority to Increase License Taxes. The City Council may by ordinance increase the amount of any tax set forth in this Title by no more than two percent per year to account for inflation. COMPLETE TEXT OF MEASURE M - Continued SECTION TWENTY-ONE: The proceeds of any taxes increased or extended by this ordinance shall be deposited in the City's general fund for use by the City for any of the City's general expenses, such as, without limitation or necessary inclusion 911 emergency responses, firefighting efforts, police patrols, crime prevention, city streets and pothole repair, after-school programs for children/teens and nutrition programs for seniors. The taxes referenced in this ordinance shall be collected as provided in the Campbell Municipal and applicable law. There will be independent annual financial audits. SECTION TWENTY-TWO: Nothing contained in this ordinance shall be construed as a limitation of the City Council's authority to establish and adjust regulatory fees to cover or off-set the cost of any lawfully adopted regulatory program, above and beyond the amount of any business license tax. The City Council may also amend, revise, or clarify any provision of the various Titles or Chapters of the Campbell Municipal Code referenced in this ordinance without additional approval of the voters, so long as those amendments, revisions or clarifications do not increase or extend any tax. SECTION TWENTY-THREE: This ordinance shall take effect on July 1, 2011, provided that the tax increases and extensions set forth herein are approved by a majority of the votes cast by voters voting on the measure by which such increase and extensions are presented to them. PASSED AND ADOPTED this 3rd day of August 2010, by the following roll call vote of the City Council of the City of Campbell: AYES: Councilmembers: Kotowski, Kennedy, Furtado, Baker, Low NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED: Evan D. Low, Mayor ATTEST: Anne Bybee, City Clerk