HomeMy WebLinkAbout1101 - Uniform Transient Occupancy TaxORDINANCE NO. 1101 his functions through a managing agent
AN ORDINANCE OF THE CITY OF of any type or character Other than
NEWPORT BEACH ADDING CHAP- an employee, the managing a9ent shall
TER 9 to ARTICLE VI OF THE also be deemed an operator for the
NEWPORT BEACH MUNICIPAL CODE Purposes of ches chapter .nld shall
RELATING TO UNIFORM TRAN- have the same duties and liabilities
SIENT OCCUPANCY TAX as his principal. Compliance Witn me
The City Council of the City Of New. Provisions of this chapter by either
Per} Beach does Ordain as follows: the Principal or the managing agent
SECTION 1. Chapter 9 Is added to shall, however, be considered to be
Article VI of the Newport Beach Mu. compliance by both.
nicipal Code to read: SECTION 6902 . Tax Imposed.
"Chapter 9 For the Privilege of occupancy in any
UNIFORM TRANSIENT hotel. each transient is sublecl to
OCCUPANCY TAX and shall pay a tax in the amount of
SECTION 6900. Title. tour per cent (4 %) of the rent charged
This Chapter shall be known as the by the Operator. Said fax constitutes
Uniform Transient Occupancy Tax Law a debt Owed by the transient f0 the
Chapter of the City of Newport Beach. City Which is extinguished only by
SECTION 6901. Definiti0ns. Payment io the operator Or to the
D1 where the context otherwise City. The transient shall Pay the fax
s, the definitions given in this to the operator of the hotel at the
n govern me c0nStricti on of this time the rent Is paid. If the rent is
br. share lof lthe Itax ntshall be Proportionate
wlth
(ld Perfir 'Parson' Trope nt tm
tune, al, firm, , social club. Iaint veal each installment- Upon t The unpaid fax shall
lure, association, social club. fraternal to cc upon the transient's ceasing
organ@aclon• Point stock Cosiness car- to occupy space in the hotel. If for
Deceiver, estate, trust, business }rust, any reason toe fax due is not Paid
receiver, trustee, syndicate, ti any s 10 the opatorOr of the ire t the Fl-
other group or combination acting as nano Director may require that such
a unit. tax shall be Paid directly M the Fi-
b) r an 'Hotel' means any structure, nonce ION 6 0 struc�
fore. or any Portion of any structure, SECTION all Exemptions.
which is Occupied or intended ns de- NO tax y P so imposed upon:
signed for occupancy by transients, (8) Any Person which, }a wtIXis be and
po dwelling, dudes Or sleeping
tel. inr- OCCUPSITCY 85 he ity t it i5 beyond
pours, and includes any hotel, inn, the Power Of ovi City to Impose }Ile
hotel, home or hotel, motel, house, tax herein Provided;
hotel, bachelor hotel, lodging house, (b) Any federal Or State h Call•
tal unit house, aparbneli house, rem office officer or employee when on
cal unit, dormitory public ra private official business;
club, location, o or house frailer tr a foreign Any officer Or employee of a
fixed location, Or other similar strut- foreign government who o exempt by
tore Or cupan thereof. reason express international trea y- of fetl¢ral
(c) a or P sse on, or tithe Trans 18w Or mptionh Meaty.
he use or Possession, or the room or pt exert a c shall er granted eat
the ss¢ Or OOion thereof, of any room el chef time a claim therefor d u a1
rooms or porflon thereof, le any hotel the itv rent is collected and under upon for dW011in9• lodging Or sleeping PUM1 D¢rbed Of pthe F ance a form Pro
pp,gs_ scribed by the Finance Director.
(d) Transient. 'Transient' means SECTION 6904 shall ool Dulles.
any Person who exercises y reason _Each Oby this shall collect the tax
Or I5 entitled f0 ermit. ri by reason Imposed d this eM1Bsam t MB same
of concession, Permit. right m ac and at the same }Imo ns the
arse, license to other agreement for rent i5 collected from every transient.
a Period of for l (15) tinting Po cal- The amount t fax shall be 0the rent
ender days d less, counting Portions stated from the amount
rans of the ran}
of calendar days as full pave. Any charged, and ce t for transient shall re-
such person so O<CUpyln9 sPBt¢ in a open a receipt far Payment from the
hotel shall be deemed f0 be a tran- operator. No operator of d hotel shall
sient until the period of fifteen (15) advertise or state In any manner,
days has expired unless there is an whether directly or Indirectly, that
agreement in writing between the Om the tax or any Part thereof wilt be
crater and the occupant providing for assumed Or absorbed by the operator,
a longer Period Of Occupancy. In de- Or that it will not be added to the
termining whether a person is a tran- rent, or that, If added, any part will
sient uninterrupted Periods of time be refunded, except in the manner
extending both Prior and subsequent hereinafter Provided.
to the effective date Of this chapter SECTION 6905. Registration.
may be considered. Within thirty (30) days after the at
(a) Rent. 'Rent' means the consld- feccive date Of this chapter, Or within
oration charged, whether Or not re- thirty (30) days after commencing busi
ceived, for the occupancy of space ness, whichever is later, each 09erator
a hotel valued In money, whether of any hotel renting Occupancy t0 tran.
he received in money, foods, la- sienfs shall register said hotel with the
or otherwise, including all re- Finance Director and obtain from him
,its, cash, credits and Property and a Transient Occupancy Registration Car .
services of any kind Or nature, with- tificate' to be at all times Posted in a
out any deduction therefrom whatso- Conspicuous place on the Premises. Said
ever. certificate shall, among other things,
(f) Operator. 'Operator' means the state the following:
Person who is Proprietor Of the hotel. (a) The name of the Operator;
whether In the capacity of owner, (b) The address of the hotel;
lessee, sublessee, mortgagee In Dos- (c) The date upon which the cer-
session, licensee, Or any other Cape- tificate was issued;
city- Where the Operator performs
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF NEWPORT BEACH
STATE OF CALIFORNIA )
) SS.
COUNTY OF ORANGE )
I, . Y1111am...M.�q.h.M dt .. ............................... being first
duly sworn and on oath, depose and say that I am
the Advertising Manager of the
Newport Harbor News Press -DAILY PILOT, a news-
paper of general circulation in the City of Newport
Beach, County of Orange, State of California, and
tha1I0ity _Ordinan ®e Number 1101
................................... ...............................
of which the copy printed hereon is a true and com-
plate copy, was printed and published in the regu-
lar issue (s) of said newspaper on
_ Januar .d.._4't....'b.. ..... ............ .1 .. ........ ..
196 .3........
1J........................................... ......,........................ - .... O.
Subscribed and sworn to before me this .... ._ _th._.......
day of .__ .....January ................... 196....5....
)
)SS.
)
Vn_rwr11111111vr_�t
FdRY PUBLIC -CALIFUHNt-
PRINCIPAL OFFICE IN i
ORANGE COUNTY -- —.-
Ittri�lSSion eXplres I�Y..Commi sion_Exgirrs _ ?n_
I, MARGERY SCHROUDER, City Clerk of the City of Newport Beach, California do hereby certify that
the foregoing ....,Ordin.ance..
.......................................... ...............................
No. .,1101....., was duly and regularly adopted, passed and approved by the City Council of the City
of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place
28th December ........................... 19 64 ...
thereof, on the ..............day, of .... ...................
by the following vote:
AYES: COUNCILMEN , Parsons, Elder, Gruber, Cook, Stoddard
.................................. ...............................
................................................................. ...............................
For it
NOES: COUNCILMEN .... .... �i ................................. ...............................
ABSENT: COUNCILMEN ...Marshall
Dated this ....20th day of ............. January............ 19 .. ?..
l r
'� �. �l • -w� � J � - a.- ...�1. tin__.
City Clark Of the i�city of Newport Beach, State of California
(d) This Transient Occupancy Regis-
tration Certificate signifies that the
Person named on the face hereof has
fulfilled the requirements of the Unk
form Transient Occupancy Tax Law
chapter by registering with the Fi-
nance Director ter the Purpose of col-
lecting tram transients the Transient
Occupancy Tax and remitting said
tax to the Finance Director. This
certificate dyes not authorize any per-
son to conduct any unlawful business
or to conduct any lawful business in
an unlawful manner, nor to operate
a hotel without strictly complying with
all local applicable laws, Including
but hot limited to those requiring a Per-
mit tram any board, commission, do.
Parfinenf or office of this City. This
certiticate noes not constitute a Per
mit.
SECTION 6905. 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 Fi-
nance Director, make a return to the
Finance Director, on forms Provided by
him, of the total rents charged and re-
ceived and the amount of fax collected
ter transient occupancies. At the time
the return is tiled, the full amount of the
tax collected shall be remitted to the
Finance Director. The Finance Director
may establish shorter reporting Periods
tar any certiticate holder if he deems
If necessary in order to insure collec-
tion of the tax and he may require furth-
er information in the return. Returns and
PaYnlents are due Immediately upon ces.
sation of business ter any reason. An
taxes collected by operators Pursuant to
this chapter shall be held in trust ter
the account of the City until payment
thereat Is made to the Finance Director.
SECTION 6907. Penalties and Interest
(a) Original delinquency. Any opera-
tor who fails to remit any tax inn-
Posed by this chapter within the time
required shall Pay a Penalty of ten
Per cent (10 %) of the amount of the
tax in addition to the amount of the
tax.
(b) Continued delinquency. Any OP-
orator who tails to remit any de,
linquent remittance on or before a
Period of thirty (30) tlays following
the date ce�ln uenf shallay a remittance
became delinquent
(10%) Ot Penalty n ten per cent
addition of the amount of the fax In
atltlifion fo the amount the fax
and the ten Per cent (10 %% ) Penalty
first Imposed.
(te Fraud. t If the Finance Director
any remit that the non -0avmenf of
any remittance due under this chap-
ter Is due to a £cent a penalty e
moue -f ive he cent (YS %) of the
amount of the fax shall be atltie
thereto in addition to the penalties
stated in subparagraphs (a) and (b)
of This section.
(ie a Interest. I addition to the pen -
to imposed, any operator who falls
to remit any tax imposed by this
chapter shall Pan Interest of the rate
of one-half of one Per cent Oh 1%)
Per month or fraction (hereof on the
amount of the tax, exclusive of pe the
ties, from the date on which the
remittance first became delinquent un-
til
Paid.
(e) Pe miles merged with fax. Every
and
Penalty imposed and such interest is
accrues untler the provisions of this
section shall become a Part of the
tax herein required t be paid.
SECTION 6 Failure to Collect
and Report Tax. Deferminafion of Tax
by Finance Director.
If any operator shall fail or refuse
to collet£ said tax and to make, within
the time provided in this chapter, any
report and remittance of said tax or
any portion thereat requ [red by this
chapter, the Finance Director shall pro -
ceed 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 Finance Director
shall procure such facts and informs -
flon as he Is able to obtain upon which
to base the assessment of any tax im-
posed by this chapter and payable by
any operator who has failed or refucetl
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 ter by this chapter. In use
such determination is made, the Fi-
nance Director shall give a notice of the
amount so assessed by serving if Per.
sonally or by depositing if in the United
States mail, Postage prepaid, addressed
to the operator so assessed at his Iasi
known place of address. Such operator
may within ten (10) tlays after the serv-
ing or malling of such notice make ap-
plication in writing to the Finance Di.
rector ter a hearing on the amount
assessed. If application by the operator
ter a hearing is not made within the
time prescribed, the tax, Interest and
Penalties, if any, determined by the Fi.
nance Director shall become final and
conclusive and immediately due and Pay-
able. If such application is made, the
Finance Director shall give not less than
five (5) tlays' written notice in the
manner Prescribed herein to the opera-
tor to show cause of a time and place
fixed in said notice why said amount
specified therein should not be fixed
ter such tax, interest and penalties. At
such hearing, the operator may so-
pear and otter evidence why such sPeci-
tied tax, interest and penalties should
not be so fixed. After such hearing the
Finance Director shall determine the
proper fax. to be remifted and shall
thereafter give written notice to the per-
son in the manner Prescribed herein of
such deferminnfion and the amount of
such tax, interest and penalties. The
amount determined to be due shall be
Payable after fifteen (15) tlays unless
an appeal is taken as Provided in Sec
Pion 6909.
SECTION 6909. Appeal.
Any operator aggrieved by any deci-
Stan of the Finance Director with respect
to the amount of such tax, interest and
Penalties, If any, may appeal to the
Council by tiling a notice of appeal
with the City Clerk within fifteen (15)
tlays of the serving or mailing of the de.
termination of tax due. The Council shall
fix a time and place ter hearing such
appeal, -and the City Clerk shall give
notice in writing to such operator of
his last known place of address. The
firstlings of the Council shall be final
and conclusive and shall be served upon
the appellant in the manner Prescribed
above ter service of notice of hearing.
Any amount found to be due shall be
Immediately due and payable upon the
service of notice.
SECTION 6910. Records.
If shall be the duty of every operator
liable ter the collection and payment
to the City of any tax imposed by this
chapter to keep and preserve, ter a
period of three (3) Years, all records as
may be necessary to determine the
amount of such tax as he may have
been liable for the collection of and
Payment to the City, which records the
Finance Director shall have the right to
inspect at all reasonable times.
SECTION 6911. Refunds.
(a) Whenever the amount of any
tax, interest or penalty has been over -
Paid or Paid more than once or has
been erroneously or Illegally collected
or received by the City under this
chapter if may be refunded as pro-
vlded in subparagraphs (b) and (c)
of this section Provided a claim in
writing therefor, stating under penalty
of PeriurY the specific grounds upon
which the claim is founded, is tiled
with the Finance Director within three
(3) Years of the tlafe of Payment. The
claim shall be on forms furnished by
the Finance Director.
(b) An operator may claim a refund
or fake as credit against taxes col-
lectetl and remitted the amount over
Paid, Paid more than once or er-
roneeuslY or illegally collected or re-
celved when If is established in a man-
ner prescribed by the Finance Direc-
tor that the person tram whom the
tax has been collected was not a tran-
sient; Provided, however, that neither
a refund her a credit shall be allow -
ed unless the amount of the tax so
collected has either been refunded to
the transient or credited to rent sub
senuenflY payable by the transient to
the operator.
(d A transient may obtain a re
Lund of taxes overpaid or Paid more
than once or erroneously or illegal-
ly collected or received by the City
by filing a claim in the manner Pro-
vided in subparagraph (a) of this sec-
tion, but only when the tax was paid
by the transient directly to the Fi-
nance Director, or when the transient
having Paid the tax to the Wrafor,
establishes to the satisfaction of the
Finance Director 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 en-
titlement thereto.
SECTION 6912 Actions to Called.
Any tax required to be Paid by any
transient under the provisions of this
chapter 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 deem -
ed a debt owed by the operator to the
City. Any Person owing money to the
City under the provisions of this chap-
ter shall be liable to an action brought
in the name of the City of Newport
Beach ter the recovery of such amount.
SECTION 6913. Violations; Misde-
meanor-
Any operator or other Gerson who
falls or refuses to register as required
herein, or to furnish any return re-
quired to be made, or who tails or re-
fuses to furnish a supplemental return
or other data required by the Finance
Director, or who renders a false or
fraudulent return or claim, is guilty of a
misdemeanor, and is punishable as set
forth In Section 1400 of the Newport
Beach Municipal Code. Any Person re-
quired to make, render, sign or verify
any report or claim who makes any
false or fraudulent report or claim
with Intent to detest or evade the de-
termination of any amount due required
by this chapter to be made, is guilty
of a misdemeanor and is punishable as
atoresaid.
SECTION 6914. Operative Date.
The tax imposed by this chapter shall
become operative and be imposed on
February 1, 1965, and shall not apply
prior to saitl date."
SECTION 2. This ordinance shall be
published once In the official newspaper
of the City, and the same shall be ef-
fective 30 tlays after the date of Its
adoption.
This ordinance was Introduced of an
adiournad regular meeting of the City
Council of the City of Newport Beach
beld on the 19th day of October, 1964,
antl was anpOfed on the 28th day of
December, 1964, by the following vote,
to wit:
AYES, COUNCILMEN: Stoddard,
Cook, Gruber, Elder, Parsons
NOES, COUNCILMEN: Forgif
ABSENT COUNCILMEN: Marshall
PAUL J. GRUBER
Mayor
ATTEST:
MARGERY SCHROUDER
City Clerk
(Seal)
Published Newport Harbor News- Press,
Newport Beach, Calif., January 4, 1965
1696 -64
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