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Smart Voter
Alameda County, CA November 3, 2009 Election
Measure K
Card Room Business License Tax
City of Emeryville

Majority Approval Required
Official Final Results

Pass: 1,156 / 83.29% Yes votes ...... 232 / 16.71% No votes

See Also: Index of all Measures

Results as of Nov 5 2:30pm, 100.0% of Precincts Reporting (4/4)
Information shown below: Impartial Analysis | Arguments | Full Text

To maintain the high quality of life and unique character of Emeryville, continue to fund emergency services, and fund other vital City services, shall the City of Emeryville increase the business license tax imposed on the business of operating, conducting, or managing a card room, from 9% of gross receipts per month or $1,000.00 per table per month, whichever is greater, to 10% of gross receipts per month or $1,000.00 per table per month, whichever is greater?

Impartial Analysis from Emeryville City Attorney
CITY ATTORNEY'S IMPARTIAL ANALYSIS OF MEASURE K

The purpose of this measure is to adopt an ordinance increasing the existing business license tax imposed on persons engaged in the business of operating, conducting or managing a card room in the City of Emeryville to provide for general municipal services. Under Proposition 218, adopted in 1996, proposed tax and fee increases must be placed on the ballot for voter approval.

Currently, the business license tax imposed on card room businesses is the greater of nine percent (9%) of gross receipts or $1,000.00 per approved card table, paid on a monthly basis. Under the proposed ordinance, the business license tax imposed on card room businesses would be increased to the greater of ten percent (10%) of gross receipts or $1,000.00 per approved card table, paid on a monthly basis.

A YES vote will increase the business license tax imposed on card room businesses to the greater of ten percent (10%) of gross receipts or $1,000.00 per approved card table, paid on a monthly basis.

A NO vote will not increase the business license tax imposed on card room businesses; however, the present business license tax imposed on card room businesses, which is the greater of nine percent (9%) of gross receipts or $1,000.00 per approved card table, paid on a monthly basis, will remain in effect.

Respectfully submitted
this 7th day of August 2009,
s/MICHAEL G. BIDDLE
Emeryville City Attorney

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Arguments For Measure K
ARGUMENT IN FAVOR

Vote YES on K to support our local community and preserve the quality of life in Emeryville!

Measure K only impacts the Card Room, it is not a tax on residents. It simply increases an important revenue source to ensure that our City can maintain the high quality of public safety, maintain parks and greenways, street repair, and emergency services.

Did you know that due to the weak economy and the state budget crisis, the City has been forced to make significant reductions to vital city services? Emeryville has been forced to make millions of dollars in cuts, including:

  • implemented a hiring freeze and lay-offs of 8% of the City's workforce
  • reduced street sweeping and tree trimming throughout the City
  • eliminated Library Services Contract

Our City cannot continue to provide the level of service that citizens want and need, without additional funding. Without this measure, essential City services will be further cut.

YES on K can help offset some of the revenue that Emeryville will lose to the State.

YES on K generates local funds for OUR local needs. Every cent stays in Emeryville to maintain the services important to residents.

Emeryville is a special community with excellent services and programs residents value. Supporting the services that make Emeryville a great community is important to our quality of life. Emeryville residents and businesses are extremely proud and enjoy the benefits of our clean, safe, and well-maintained city. Many residents live in Emeryville because it offers a higher level of service, programs and quality of life than neighboring cities.

Yes on K ensures the Card Room continues to pay its fair share to support services vital to our City's character.

Vote YES on K to keep Emeryville a quality community.

(No arguments against Measure K were submitted)

Full Text of Measure K
ORDINANCE NO. 09-

AN ORDINANCE OF THE CITY OF EMERYVILLE AMENDING THE PARAGRAPH ENTITLED "CARD ROOM" OF SECTION 3-1.125 OF CHAPTER 1 OF TITLE 3 OF THE EMERYVILLE MUNICIPAL CODE IN ORDER TO INCREASE THE BUSINESS LICENSE TAX IMPOSED ON PERSONS ENGAGED IN THE BUSINESS OF OPERATING, CONDUCTING OR MANAGING A CARD ROOM FROM 9% OF GROSS RECEIPTS PER MONTH OR $1,000.00 PER TABLE PER MONTH, WHICHEVER IS GREATER, TO 10% OF GROSS RECEIPTS PER MONTH OR $1,000.00 PER TABLE PER MONTH, WHICHEVER IS GREATER, IN ORDER TO PROVIDE FOR GENERAL MUNICIPAL SERVICES IN THE CITY OF EMERYVILLE

WHEREAS, at the regularly scheduled general municipal election held on Tuesday, November 3, 2009, the City Council of the City of Emeryville placed before the voters of the City of Emeryville a measure posing the question of whether to increase the business license tax imposed on persons engaged in the business of operating, conducting or managing a card room from 9% of gross receipts per month or $1,000.00 per table per month, whichever is greater, to 10% of gross receipts per month or $1,000.00 per table per month, whichever is greater, in order to provide for general municipal services in the City of Emeryville; and

WHEREAS, at said regularly scheduled general municipal election, the electorate of the City of Emeryville, by majority vote as required by law, did approve said aforementioned measure; now, therefore, be it

RESOLVED, THAT THE PEOPLE OF THE CITY OF EMERYVILLE DO ORDAIN AS FOLLOWS:

SECTION ONE. PURPOSE AND INTENT. The purpose and intent of this Ordinance is to increase the business license tax imposed on persons engaged in the business of operating, conducting or managing a card room from 9% of gross receipts per month or $1,000.00 per table per month, whichever is greater, to 10% of gross receipts per month or $1,000.00 per table per month, whichever is greater, in order to provide for general municipal services in the City of Emeryville.

SECTION TWO. AMENDING PARAGRAPH ENTITLED "CARD ROOM" IN SECTION 3-1.125 OF CHAPTER 1 OF TITLE 3 OF THE EMERYVILLE MUNICIPAL CODE. The paragraph entitled "Card Room" in Section 3-1.125 of Chapter 1 of Title 3 of the Emeryville Municipal Code is hereby amended, as to the license tax, to read as follows:

Section 3-1.125. Certain Enumerated Businesses.......

Card Room. Carrying on the business of operating, conducting or managing a card room or card game in any public place or to which an admission fee is charged within the City of Emeryville, the license tax shall be as follows:
Card room businesses shall pay, monthly, to the City, a license tax of ten percent (10%) of the monthly gross receipts of such business, or shall pay, monthly, a license tax of one thousand dollars ($1,000.00) per table, per month, whichever of these two (2) tax amounts is greater.

SECTION THREE. SEVERABILITY. Every section, paragraph, clause and phrase of this Ordinance is severable. If, for any reason, any section, paragraph, clause or phrase is held to be invalid or unconstitutional, such invalidity or constitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, clauses or phrases.

SECTION FOUR. CEQA DETERMINATION. Pursuant to Title 14 of the California Administrative Code, Section 15378 (b)(4), this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) because the submittal of proposals to a vote of the people of the state or of a particular community is not a "project" for purposes of CEQA.

SECTION FIVE. EFFECTIVE DATE AND POSTING. This Ordinance shall take effect ten (10) days after the City Council certifies the election results as provided pursuant to California Elections Code Section 9217. The City Clerk is directed to cause copies of this Ordinance to be posted or published as required by Government Code Section 33693.

SECTION SIX. CODIFICATION. Section Two of this Ordinance shall be codified in the Emeryville Municipal Code. Sections One, Three, Four, Five and Six shall not be so codified.

PASSED AND ADOPTED at a regularly scheduled general municipal election held on Tuesday, November 3, 2009 by the following vote:

YES: _________

NO: _________

MAYOR_______________________

ATTEST:

CITY CLERK_______________________

APPROVED AS TO FORM

CITY ATTORNEY_____________________________


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Created: December 29, 2009 12:03 PST
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