Staff recommends the City Council approve the second and final reading of the amended ordinance BMCC 13-400 Division 3 Business, Occupation and Profession Tax.

At its meeting on January 27, 2025, the City Council conducted a public hearing and approved the first reading of the amended ordinance BMCC 13-400 Division 3 Business, Occupation and Profession Tax.  Amendments to this ordinance change the enforcement from a misdemeanor to a municipal infraction and added the language of each day a violation occurs is a separate offense. 

A clean version of the amended ordinance is attached to this staff memo for final approval.

The suggested amendments will update the language in the ordinance to be consistent with previously amended ordinances approved by council. The amendments remove the penalty for violating this ordinance as a misdemeanor and replace the penalty as a municipal infraction, which has a direct effect on the property owner and simplifies the prosecution process. This eliminates the need for legal staff to be involved at a court level in these cases. Overall, the amendments also enable more efficient and effective application and enforcement of City codes.

City Council may:

• Approve BMCC 13-400 Division 3 Business, Occupation and Profession Tax on second reading as submitted; or,
• Not Approve BMCC 13-400 Business, Occupation and Profession Tax on second reading as submitted

Approval does not have a negative impact on the code enforcement budget.

Staff recommends approving BMCC 13-400 Division 3 Business, Occupation and Profession Tax on second/final reading.