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HomeMy WebLinkAboutCC ORD 1993-2056 Adds § 4.32.080(F), amends §§ 4.32.040 and 4.32.070 and repeals Ords. 2017 and 2038, transient occupancy tax (4.32)follows: ORDINANCE NO. 93-2056 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTIONS 4.32.040, 4.32.070, AND 4.32.080 OF THE NATIONAL CITY MUNICIPAL CODE, AMENDING SECTION 7 OF ORDINANCE NO. 1100, AND REPEALING ORDINANCE NOS. 91-2017 AND 92-2038 BE IT ORDAINED by the City Council of the City of National City as Section 1. That Section 4.32.040 of the National City Municipal Code is hereby amended to read as follows: 4.32.040 Exemptions. No tax shall be imposed: A. When hotel rents are directly paid by the U.S. Government or the State of California or their respective agencies. This exemption does not exempt a transient who is employed by an exempt entity from payment of the tax when the payment is later to be reimbursed by the entity. B. When the transient is by treaty or federal or state law exempt from payment of transient occupancy taxes. No exemption shall be granted under Subsections A or B except upon a claim therefor made at the time rent is collected and under penalty of perjury upon a form prescribed by the tax administrator. Documentation in support of the claim for exemption, such as copies of government issued contracts, purchase orders or checks, shall be presented with the exemption form. Completed exemption forms along with supporting documentation shall be returned to the Tax Administrator with the corresponding tax remittance. Section 2. That Section 4.32.070 of the National City Municipal Code, and Section 7 of Ordinance No. 1100, are hereby amended to read as follows: Continued on Page Two Ordinance No. 93-2056 Page 2 of 2 4.32.070 Operator -- Returns. Each operator shall, on or before the last day of the month following the close of each calendar month, or at the close of any shorter reporting period which may be established by the tax administrator, make a return to the tax administrator, on forms provided by him, of the total rents charged and received and the amount of tax collected for transient occupancies. At the time the return is filed, the full amount of the tax collected shall be remitted to the tax administrator, with any exemption forms and supporting documentation applying to the reporting period. The tax administrator may establish shorter reporting periods for any certificate holder if he deems it necessary in order to insure collection of the tax and he may require further information in the return. Returns and payments are due immediately upon cessation of business for any reason. All taxes collected by operators pursuant to this chapter shall be held in trust for the account of the city until payment thereof is made to the tax administrator. Section 3. That Section 4.32.080 of the National City Municipal Code is amended by adding subsection F thereto, to read as follows: F. Exemptions Disallowed. Any exemption deducted from total rents without proper documentation or submission of the exemption form shall be disallowed by the tax administrator. The operator shall have thirty days from notice by the tax administrator or his/her delegate to submit forms and documentation before the tax and a penalty assessed on the disallowed exemption amount is due. repealed. ATTEST: Section 4. That Ordinance Nos. 91-2017 and 92-2038 are hereby PASSED and ADOPTED this 23rd day of march , 1993. /DI /4 M5 George H. Waters, Mayor &1,,t. anA.fv—c... Lo ityJAnne Peoples, City APPROVED AS TO F RM: 14 31r. George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on March 23, 1993 by the following vote, to -wit: Ayes: Councilmen Nays: Councilmen Absent: Councilmen Abstain: Councilmen AUTHENTICATED BY: Inzunza, Morrison, Zarate Dalla, Waters None None GEORGE H. WATERS Mayor of the City of National City, California Ci y Clerk of the City of Nationality, California By: Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the days of its introduction and the days of its final passage, to wit, on and on March 23, 1993 March 16, 1993 I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each mem- ber of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and cor- rect copy of ORDINANCE NO.93-2056of the City of National City, passed and adopted by the Council of said City on March 23, 1993 (Seal) City Clerk of the City of National City, California By: Deputy