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In accordance with Division 20, Chapter 6.5 of the state of California Health and Safety Code, Section 25173.5, multiuser hazardous waste facilities are hereby assessed a business license tax in the amount and manner as follows:

A. Gross Receipts Tax Rate. The tax shall be equal to 10 percent of the facility’s annual gross receipts for the treatment, storage, or disposal of hazardous waste, except for that portion of the facility’s gross receipts which are delivered from the recycling of hazardous wastes or the treatment of infectious wastes.

B. Payment Schedule. The business license tax for hazardous waste facilities shall be paid quarterly, in advance, in accordance with the specific provisions detailed under CVMC 5.04.010 and 5.04.020.

C. Gross Receipts – Basis for Calculating/Estimating Tax. The business license tax for a given calendar year, after the first calendar year in which the facility carries on business, shall be based on the actual amount of gross receipts received by the facility during the preceding tax year. The taxpayer shall submit to the Finance Director a certified statement, upon a form provided by the City, setting forth the actual amount of gross receipts, as defined herein, received for the preceding calendar year.

If the facility has not carried on business within the City for an entire calendar year preceding the tax period, the taxpayer shall estimate the tax due based on monthly or quarterly performance, and/or other relevant data, and such tax, as estimated, shall be the tax due for that year. The taxpayer shall submit such information on the facility’s gross receipts as the Finance Director may require. The taxpayer shall furnish the Finance Director with a certified statement showing the actual gross receipts earned within 30 days after the expiration of the tax period for which the license was issued. The Finance Director shall, in turn, ascertain the actual amount due after deducting the amount paid at the time such license was first issued. Any adjustments shall be made within 30 days after such ascertainment.

D. Operative Date. The tax herewith levied shall apply commencing upon the date that the taxpayer is next required to obtain a business license. Nothing herein shall affect the effective date of the ordinance codified in this chapter.

E. Records Inspection. The provisions of CVMC 5.04.180, “Records – Inspection required – Violation – Penalty,” shall apply to instances where the business license tax is based on gross receipts.

F. Confidentiality of Information. It shall be a misdemeanor for the Director of Finance or any Person having any administrative duty under the provisions of this chapter to make known any information contained in the application for license or obtained while performing the duties required under this section. Nothing in this section shall, however, be construed to prevent:

1. The disclosure of information as may be reasonably necessary in any proceeding brought to determine the existence or amount of any license tax liability of the particular taxpayer;

2. The disclosure of the names and addresses of Persons to whom licenses have been issued and the general type or nature of their business;

3. The disclosure of general statistics pertaining to groups of business. (Ord. 2408 § 1, 1990).