Santa Cruz County Grand Jury • 2004-2005

A Comparison of Business License and Transient Occupancy Tax Policies

Published: January 20, 2005 9 pages
Ver PDF original

Findings and Recommendations 16 findings

F1
All nine counties reviewed collect TOT and have similar collection policies and results. TOT varied from 8% to 10.5% in the counties surveyed. Response: Santa Cruz County Board of Supervisors CANNOT RESPOND. The County has not conducted a survey of other Counties, and therefore can only confirm that the Transient Occupancy Tax Rate (TOT) for the County of Santa Cruz is currently 10%. A Comparison of Business License and Transient - 3
No recommendations for this finding
F2
Policies on Business Licenses vary considerably from county to county. For example, no Business License is required in Santa Cruz County or Monterey County; a nominal “regulatory” Business License fee of $15 per year is charged in San Luis Obispo, while a sophisticated revenue-raising tax in Marin County has a schedule determined by the type of business and annual sales. Response: Santa Cruz County Board of Supervisors NEITHER AGREES NOR DISAGREES. The County has not conducted a survey of policies on Business Licenses.
No recommendations for this finding
F3
Merced County recently initiated a Business License. The supervisors of Merced County determined that a regulatory license would better enable the county to keep track of businesses in its unincorporated area. Through the use of data obtained from the administration of a regulatory business license, the county can offer marketing and promotional information to its businesses. Response: Santa Cruz County Board of Supervisors CANNOT RESPOND. The County has no information on the Merced County business license.
No recommendations for this finding
F4
A county’s decision to implement a TOT or a Business License fee is influenced by the population and business density of unincorporated areas. Many California counties have their dense urban populations located almost entirely within the boundaries of incorporated cities and have no significant urban or commercial areas within their unincorporated area. Response: Santa Cruz County Board of Supervisors NEITHER AGREES NOR DISAGREES.
No recommendations for this finding
F5
Santa Cruz County has several dense or suburban population centers in its unincorporated areas with a significant number of businesses ranging from retail, services, industrial to home-based. Aptos, Ben Lomond, Boulder Creek, Felton, Live Oak and Soquel are examples of such unincorporated areas of the county. It is not unusual to find similar kinds of businesses where one must pay for a Business License in a city and another, a few blocks away, does not because it is in an unincorporated area. Response: Santa Cruz County Board of Supervisors AGREES. - 4 A Comparison of Business License and Transient
No recommendations for this finding
F6
A significant percentage of Santa Cruz County businesses are outside incorporated city boundaries. This information is based largely on membership addresses obtained from business associations established to serve local neighborhoods or countywide businesses. Response: Santa Cruz County Board of Supervisors AGREES.
No recommendations for this finding
F7
Most business associations in the county view any new tax or fee on local businesses with caution. Some businesses are struggling to survive. Data indicates that the new growth of businesses is expected to be largely in the unincorporated areas as opposed to incorporated cities. Response: Santa Cruz County Board of Supervisors NEITHER AGREES NOR DISAGREES. The County has not surveyed business associations in the county.
Related Recommendations (1)
R5
If the Board of Supervisors is unsure of local support for the recommended regulatory business license it should consider a ballot initiative to affirm its support.
F8
Presently Santa Cruz County administrators get much of the business data for planning purposes from the State Employment Development Department. It regularly publishes information about California’s labor market. This includes economic development and planning information, industry and occupational characteristics, trends and wage information. Specific county information is consolidated without separating unincorporated areas. The county issues land use permits whose limits are determined by the particular zoning restrictions. Other sources of data include United Way’s Community Assessment Project, Small Business Administration and private sources such as Dunn and Bradstreet. Response: Santa Cruz County Board of Supervisors AGREES. In addition, the County receives information from firms which conduct tracking and audits of sales tax trends and receipts, as well as information collected as part of the County’s CareerWorks programs, and other workforce related programs directed by the County’s Workforce Investment Board. Other information is also collected from additional sources as needed.
Related Recommendations (1)
R4
The information obtained about the type, size and growth of businesses in the unincorporated area of the county should be considered when developing the County General Plan. Response: Santa Cruz County Board of Supervisors AGREES. This recommendation has been implemented. Business type, size, and growth are addressed in the County’s current General Plan. The Land Use Element of the County’s General Plan adopted by the Board of Supervisors on May 24, 1994 includes the goal “to provide adequate facilities to meet the shopping, service, and employment needs of County residents and area visitors in a manner compatible with adjacent residential development, availability of public facilities, protection of natural resources, and maintenance of environmental quality and high standards of urban design”.
F9
The comparison of nine counties is summarized in approximations in the following table. A Comparison of Business License and Transient - 5 Comparison of Nine Counties TOT and Business Licenses in Unincorporated Areas County # Annual Business # Annual Population TOT of TOT License of Business (total) Bus. Revenues Licenses License Revenues Butte regulatory 20 (208,800) 9.2% 21 $36,800 $49 $980 Marin $15 to revenue 6,300 (248,900) 10% 100 $1,579,000 $4,500 $981,494 $55-$175 regulatory 1200- Merced Number of $250,000 1500 est. (216,400) 10% 6 $629,681 employees est. No general Monterey business NA NA (408,000) 10.5% 75 $13,475,750 license Placer $107 -- $127 Revenue 7,600 (261,500) 8% 378 $8,200,000 $16 renewal $249,000 San Luis Regulatory Obispo 3,800 (252,000) 9% 160 $4,600,000 $15/yearl $57,000 Type of Regulatory Business Santa & Gross Barbara Receipts 850 (405,700) 10% 30 $5,145,000 $25-$1,200+ $80,000 Santa No General Cruz Business NA NA (258,500) 10% 113 $3,889,000 License No General Regulatory License: Tulare Special 63 (375,800) 10% 46 $878,271 Licenses $6,400 Response: Santa Cruz County Board of Supervisors NEITHER AGREES NOR DISAGREES. The County has not surveyed the counties. - 6 A Comparison of Business License and Transient
No recommendations for this finding
F10
Marin County uses Business Licenses to cross reference TOT rolls and its sales tax accounts. Response: Santa Cruz County Board of Supervisors AGREES. The County agrees with the finding that the County of Marin has a Business License Tax Ordinance in effect, but cannot comment on how the County of Marin uses the confidential information collected on each business.
No recommendations for this finding
F11
The Midcounty Post reported on August 25, 2003 an example of a business in Capitola that was several years delinquent in paying its TOT obligation. Capitola had previously filed a lien against the property. When Capitola withheld the Business Permit/License it was successful in collecting the delinquent TOT. Response: Santa Cruz County Board of Supervisors CANNOT RESPOND. The County cannot comment on the Transient Occupancy Tax collection procedures utilized by the City of Capitola.
No recommendations for this finding
F12
Existing Santa Cruz County Ordinance No. 4138 and County Code Chapter 4.02 do not allow for collection of business related information and regulation. Response: Santa Cruz County Board of Supervisors DISAGREES. The County’s ordinance does not prohibit the County’s collection of business- related information.
Related Recommendations (3)
R1
The Santa Cruz County Board of Supervisors should rescind the existing Business License Ordinance No. 4138 and County Code Chapter 4.02. Response: Santa Cruz County Board of Supervisors CANNOT RESPOND. This recommendation requires further analysis. The Board of Supervisors may wish to consider this recommendation in conjunction with any corrective review of the County Code which may be conducted at a time in the future.
R2
The Board of Supervisors should implement a regulatory Business License for all businesses in the unincorporated areas of the county. It should be emphasized that this recommendation assumes a nominal fee to cover administrative costs only as opposed to a revenue generating tax. Response: Santa Cruz County Board of Supervisors DISAGREES. The County will not implement this recommendation at this time because a regulatory Business License program has not been identified as a desired outcome for the unincorporated area’s businesses. After the adoption of the Business License Tax Ordinance, which has not been implemented, several amendments were added to clarify and improve the administration of the tax, a number of which were based on input from the business community and other interested parties. One of the proposed amendments clarified that the purpose of the chapter is enacted “solely to raise revenue for the general governmental purposes of the County and not for purposes of regulation or of raising revenues for regulatory purposes (underline reflects clarification language in amendment). - 8 A Comparison of Business License and Transient
R3
Data gathered from a regulatory Business License including types, names and locations of businesses should be made available to all interested individuals and business associations. The Board of Supervisors should encourage private business associations to use this data for their own marketing and promotion activities. Response: Santa Cruz County Board of Supervisors PARTIALLY AGREES. While the specific recommendation to implement a regulatory Business License program will not be considered at this time, were such data collected, it would be considered public information and would be made available to the public.
F13
Santa Cruz County cannot put into effect the existing revenue-raising Business License under Chapter 4.02 without voter approval. Response: Santa Cruz County Board of Supervisors AGREES.
No recommendations for this finding
F14
Santa Cruz County has restrictions and requires special permits for selected special businesses in the unincorporated area. The most common businesses that require permits from county departments include ambulance service, card rooms, day care, hazardous materials/waste, kennels, nursing homes and public pools/spas/camps. These permits are generally obtained at initiation of the business one time and are not renewed annually.
No recommendations for this finding
F15
Santa Cruz County issues use authorizations or permits in accordance with regulation of a zone district. Approval is required for certain uses including agriculture, residential, industrial and commercial. Generally the Planning A Comparison of Business License and Transient - 7 Department issues approval permits as part of applications to construct buildings such as a barn, or residence or commercial building. Permits are issued once without requiring annual renewal. Fees are charged on an hourly basis if the site is previously not permitted. Otherwise user approvals for existing master occupancy permit locations or new businesses replacing an existing similar business may be renewed over the counter for a nominal fee and are required once in the life of the business.
No recommendations for this finding
F16
Several communities throughout the U.S. require the completion of a recycling plan as a requirement of the annual Business License.
No recommendations for this finding

No Responses Found 1

Government entities assigned to respond to this report. No response documents have been linked in our database.

Santa Cruz County County