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HomeMy WebLinkAboutCC ORD 1964-1100//ao ORDINANCE NO. AN ORDINANCE IMPOSING A TAX UPON THE PRIVILEGE OF TRANSIENT OCCUPANCY AND PROVIDING FOR THE COLLEC- TION TIEREOF The City Council of the City of National City does ordain as follows: Section 1. Title. This ordinance shall be known as the Transient Occupancy Tax Ordinance of the City of National City. Section 2. Definitions. Except where the context otherwise requires, the definition given in this section gov- ern the construction of this ordinance: (a) Person. "Person" means any individual, firm, partnership, joint venture, association, social club, fra- ternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit. (b) Hotel. "Hotel" means any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobilehome or house trailer at a fixed location, or other similar structure or portion thereof. (c) Occupancy. "Occupancy" means the use or pos- session, or the right to the use or possession of any room or rooms or portion thereof, in any hotel for dwelling, lodg- ing or sleeping purposes. (d) Transient. "Transient" means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agree- ment for a period of thirty (30) consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel shall be deemed to be a transient until the period of thirty (30) days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. In determining whether a person is a transient, uninterrupted period of time extending both prior and subsequent to the effective date of this ordinance may be considered. (e) Rent. "Rent" means the consideration charged, whether or not received, for the occupancy of space in a hotel valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and prop- erty and services of any kind or nature, without any deduction therefrom whatsoever. (f) Operator. "Operator" means the person who is proprietor of the hotel, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, or any other capacity. Where the operator performs his functions through a managing agent of any type or character other than an employee, the managing agent shall also be deemed an oper- ator for the purposes of this ordinance and shall have the same duties and liabilities as his principal. Compliance with the provisions of this ordinance by either the principal or the managing agent shall, however, be considered to be compli- ance by both. (g) Tax Administrator. "Tax Administrator" means the City Treasurer. Section 3. Tax Imposed. For the privilege of oc- cupancy in any hotel, each transient is subject to and shall 2 pay a tax in the amount of four per cent (4%) of the rent charged by the operator. Said tax constitutes a debt owed by the transient to the City which is extinguished only by payment to the operator or to the City. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportion- ate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the Tax Administrator may require that such tax shall be paid directly to the Tax Administrator. Section 4. Exemptions. No tax shall be imposed upon: (a) Any person as to whom, or any occupancy as to which, it is beyond the power of the City to impose the tax herein provided; (b) Any federal or State of California officer or employee when on official business; (c) Any officer or employee of a foreign govern- ment who is exempt by reason of express provision of federal law or international treaty. No exemption shall be granted 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. Section 5. Operator's Duties. Each operator shall collect the tax imposed by this ordinance to the same extent and at the same time as the rent is collected from every transient. The amount of tax shall be separately stated from the amount of the rent charged, and each transient shall 3 receive a receipt for payment from the operator. No operator of a hotel shall advertise or state in any manner, whether directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to the rent, or that, if added, any part will be re- funded except in the manner hereinafter provided. Section 6. Registration. Within thirty (30) days effective date of this ordinance, or within thirty after the (30) days after commencing business, whichever is later, each operator of any hotel renting occupancy to transients shall register said hotel with the Tax Administrator and obtain from him a "Transient Occupancy Registration Certificate" to be at all times posted in a conspicuous place on the premises. Said certificate shall, among other things, state the following: The name of the operator; The address of the hotel; The date upon which the certificate was issued; "This Transient Occupancy Registration Certi- ficate signifies that the person named on the face hereof has fulfilled the requirements of the Transient Occupancy Tax Ordinance by registering with the Tax Administrator for the purpose of collecting from transients the Transient Occu- pancy Tax and remitting said tax to the Tax Administrator. This certificate does not authorize any person to conduct any unlawful business or to conduct any lawful business in an un- lawful manner, nor to operate a hotel without strictly comply- ing with all local applicable laws, including but not limited to those requiring a permit from any board, commission, depart- ment, or office of this City. This certificate does not con- stitute a permit." 4 Section 7. Reporting and Remitting. Each operator shall, on or before the last day of the month following the close of each calendar quarter, or at the close of any shorter reporting period which may be established by the Tax Adminis- trator, make a return to the Tax Administrator, on forms pro- vided by him, of the total rents charged and re- ceived and the amount of tax collected for transient occupan- cies. At the time the return is filed, the full amount of the tax collected shall be remitted to the Tax Administrator. 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 im- mediately upon cessation of business for any reason. All taxes collected by operators pursuant to this ordinance shall be held in trust for the account of the City until payment thereof is made to the Tax Administrator. Section 8. Penalties and Interest. (a) Original Delinquency. Any operator who fails to remit any tax imposed by this ordinance within the time re- quired shall pay a penalty of 10% of the amount of the tax in addition to the amount of the tax. (b) Continued Delinquency. Any operator who fails to remit any delinquent remittance on or before a period of thirty (30) days following the date on which the remittance first became delinquent shall pay a second delinquency penalty of 10% of the amount of the tax in addition to the amount of the tax and the 10% penalty first imposed. (c) Fraud. If the Tax Administrator determines that the non-payment of any remittance due under this ordin- ance is due to fraud, a penalty of 25% of the amount of the 5 tax shall be added thereto in addition to the penalties stated in subparagraphs (a) and (b) of this section. (d) Interest. In addition to the penalties im- posed, any operator who fails to remit any tax imposed by this ordinance shall pay interest at the rate of one-half of 1% per month or fraction thereof on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid. (e) Penalties Merged With Tax. Every penalty im- posed and such interest as accrues under the provisions of this section shall become a part of the tax herein required to be paid. Section 9. Failure to Collect and Report Tax. Determination of Tax by Tax Administrator. If any operator shall fail or refuse to collect said tax and to make, within the time provided in this ordinance, any report and remit- tance of said tax or any portion thereof required by this ordinance, the Tax Administrator shall proceed in such manner as he may deem best to obtain facts and information on which to base his estimate of the tax due. As soon as the Tax Ad- ministrator shall procure such facts and information as he is able to obtain upon which to base the assessment of any tax imposed by this ordinance and payable by any operator who has failed or refused to collect the same and to make such report and remittance, he shall proceed to determine and assess against such operator the tax, interest and penalties provided for by this ordinance. In case such determination is made, the Tax Administrator shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to the operator so assessed at his last known place of address. Such operator 6 may within ten (10) days after the serving or mailing of such notice make application in writing to the Tax Adminis- trator for a hearing on the amount assessed. If application by the operator for a hearing is not made within the time prescribed, the tax, interest and penalties, if any, deter- mined by the Tax Administrator shall become final and con- clusive and immediately due and payable. If such application is made, the Tax Administrator shall give not less than five (5) days written notice in the manner prescribed herein to the operator to show cause at a time and place fixed in said notice why said amount specified therein should not be fixed for such tax, interest and penalties. At such hearing, the operator may appear and offer evidence why such specified tax, interest and penalties should not be so fixed. After such hearing the Tax Administrator shall determine the proper tax to be remitted and shall thereafter give written notice to the person in the manner prescribed herein of such deter- mination and the amount of such tax, interest and penalties. The amount determined to be due shall be payable after fifteen (15) days unless an appeal is taken as provided in Section 10. Section 10. Appeal. Any operator aggrieved by any decision of the Tax Administrator with respect to the amount of such tax, interest and penalties, if any, may appeal to the Council by filing a notice of appeal with the City Clerk within fifteen (15) days of the serving or mailing of the determination of tax due. The Council shall fix a time and place for hearing such appeal, and the City Clerk shall give notice in writing to such operator at his last known place of address. The findings of the Council shall be final and con- clusive and shall be served upon the appellant in the manner prescribed above for service of notice of hearing. Any 7 amount found to be due shall be immediately due and payable upon the service of notice. Section 11. Records. It shall be the duty of every operator liable for the collection and payment to the City of any tax imposed by this ordinance to keep and pre- serve, for a period of three years, all records as may be necessary to determine the amount of such tax as he may have been liable for the collection of andpayment to the City, which records the Tax Administrator shall have the right to inspect at all reasonable times. Section 12. Refunds. (a) Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once or has been erroneously or illegally collected or received by the City under this ordinance it may be refunded as provided in sub- paragraphs (b) and (c) of this section provided a claim in writing therefor, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the Tax Administrator within three years of the date of payment. The claim shall be on forms furnished by the Tax Administrator. (b) An operator may claim a refund or take as credit against taxes collected and remitted the amount over- paid, paid more than once or erroneously or illegally collec- ted or received when it is established in a manner prescribed by the Tax Administrator that the person from whom the tax has been collected was not a transient; provided, however, that neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the transient or credited to rent subsequently payable by the trans- ient to the operator. 8 (c) A transient may obtain a refund of taxes overpaid or paid more than once or erroneously or illegally collected or received by the City by filing a claim in the manner provided in subparagraph (a) of this section, but only when the tax was paid by the transient directly to the Tax Administrator, or when the transient having paid the tax to the operator, establishes to the satisfaction of the Tax Administrator that the transient has been unable to obtain a refund from the operator who collected the tax. (d) No refund shall be paid under the provisions of this section unless the claimant establishes his right thereto by written records showing entitlement thereto. Section 13. Actions to Collect. Any tax required to be paid by any transient under the provisions of this or- dinance shall be deemed a debt owed by the transient to the City. Any such tax collected by an operator which has not been paid to the City shall be deemed a debt owed by the op- erator to the City. Any person owing money to the City under the provisions of this ordinance shall be liable to an action brought in the name of the City of National City for the re- covery of such amount. Section 14. Violations; Misdemenor. Any person violating any of the provisions of this ordinance shall be guilty of a misdemeanor and shall be punishable therefor by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the City jail for a period of not more than six months or by both such fine and imprisonment. Any operator or other person who fails or refuses to register as required herein, or to furnish any return re- quired to be made, or who fails or refuses to furnish a sup- plemental return or other data required by the Tax Administrator 9 or who renders a false or fraudulent return or claim, is guilty of a misdemeanor, and is punishable as aforesaid. Any person required to make, render, sign or verify any report or claim who makes any false or fraudulent report or claim with intent to defeat or evade the determination of any amount due required by this ordinance to be made, is guilty of a misdemeanor and is punishable as aforesaid. Section 15. Severability. If any section, sub- section, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sub- divisions, paragraphs, sentences, clauses or phrases be de- clared unconstitutional. Section 16. Effective Date. This ordinance shall be effective thirty (30) days from and after the date of its passage except that the tax imposed by this ordinance shall become operative and beimposed on August 15, 196-4, and shall not apply prior to said date. PASSED AND ADOPTED this '7th day of July, 1964. ATTEST: MAYOR PASSED AND ADOPTED by the City Council of the City of National City, California, this day of JP1y , 19 64 , by the following vote, to -wit: AYES: Councilmen Allen3amicbwma, Hogue, Gautereaux 7th NAYS: Councilmen Morgan ABSENT: ATTEST: Colburn City Clerk I hereby approve the foregoing }this Mayor of the City of National City, California 7th day of July 19 64 Mayor of the City of National City, California I hereby certify that the above and foregoing is a full and true copy of Ordinance ritsswItrrkin- } No //° 0 of the { Resutt—} Ordinances clon of the City of National City, California, as adopted by the City Council of said -ti City, and approved by the Mayor of said City, on the 7 — day of 19 6 ij City lerk of the City of Nationl City, California. Deputy