2012 2:00:00 PM

Monday, May 14, 2012 2:00 PM
Sparks Council Chambers, 745 4th Street, Sparks, NV

Consent Items: 5.3

Title: Consideration and possible approval of a business license penalty refund for Earthgrains Baking Co.

Petitioner/Presenter: Chris Syverson/Chris Syverson

Recommendation: That the City Council refund penalty fees paid on a business license in the amount of $1333.35

Financial Impact: A reduction in penalty revenues in the amount of $1333.35

Business Impact (Per NRS 237):
A Business Impact Statement is not required because this is not a rule.

Agenda Item Brief: If approved, the applicant will receive a refund of penalty fees in the amount of $1333.35

Background: Effective July 1, 1992 (and formally implemented on September 3, 1992) the City enacted a business license penalty of 25 percent for licenses not renewed within 30 days of the expiration of the business license. (The grace period gives the licensee 30 days after the expiration of the license to renew the license without penalties. A penalty of 50 percent is assessed after a total of 60 days have passed since the expiration date of the license.) The language of the ordinance which created the penalty structure did not contain any appeal procedures. Staff felt that the two months was more than sufficient to enable timely renewal of a business license without penalty. After all, the penalty was originally proposed to help achieve compliance with our licensing ordinance. Nevertheless, when businesses choose to challenge the penalty assessment, we have placed the appeal on the Council agenda for disposition.

Analysis: Earthgrains representative, Michelle Bruns, is requesting a refund of the penalties paid on their business license. In their letter, it is stated that notice for failure to pay the correct amount was received by their company. However, during the time involved with routing the notification, the payment became delinquent. Earthgrains has paid all fees due and renewed their license.

Alternatives: The Council may decline to accept the recommendation to refund the penalty fees paid.

Recommended Motion: I move to approve the refund of $1333.35 to Earthgrains Baking Company for the payment of penalties on their business license.

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