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HomeMy WebLinkAboutOrd 824-1980ORDINANCE NO. 824-80 AN ORDINANCE AMENDING ORDINANCE NO. 554, AS AMENDED, ENTITLED "AN ORDINANCE IMPOSING A TAX UPON THE PRIVILEGE OF TRANSIENT OCCUPANCY AND PROVIDING FOR THE COLLECTION THEREOF. FOLLOWS: THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS SECTION 1. AMENDMENT OF SECTIONS 2(a), 2(d), 2(g), 4, 8(d) AND 14 OF ORDINANCE NO. 554, AS AMENDED. Sections 2(a), 2(d), 2(g), 4, 8(d) and 14 of Ordinance No. 554 adopted August 22, 1966, as amended, entitled "An Ordinance Imposing a Tax Upon the Privilege of Transient Occupancy and Providing for the Collection Thereof," are hereby amended to read as follows: SECTION 2. DEFINITIONS. (a) Person. "Person" means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit. d) Transient. "Transient" means an individual who personally or for or with consent of any other person exercises or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty (30) consecutive calendar days or less, counting portions of calendar days as full days; except that until July 1, 1981 "transient" shall mean any person who so exercises or is entitled to occupancy. Any such person or individual 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 of the room. In determining whether a person or individual is a transient, uninterupted periods of time extending both prior and subsequent to the effective date of this Ordinance may be considered. (g) Tax Administrator. "Tax Administrator" means the Director of Finance. 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 officer or employee of a foreign government 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 or perjury upon a form prescribed by the Tax Administrator. SECTION 8. PENALTIES AND INTEREST. (d) Interest. In addition to the penalties imposed, any operator who fails to remit any tax imposed by this Ordinance shall pay interest at the rate of one percent (1%) per month or fraction thereof on the amount of the tax, exclusive of penalties, from the date on which the remittance first be- came delinquent until paid. Interest shall be imposed on penalties from thirty (30) days after an operator is notified of a delinquency. SECTION 14. VIOLATIONS: MISDEMEANOR. 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 re- quired herein, or to furnish any return required to be made, or who fails or refu~es to furnish a supplemental return or other data required by the Tax CENTRAL RECOR~~ Administrator, or who renders a false or fraudulent return or claim is guilty of a misdemeanor, and is punishable as aforesaid. Any pe~sQn.~equ}~ed 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 2. EFFECTIVE DATE. This Ordinance inasmuch as it provides for a tax levy for the usual and current expenses of the City shall take effect immediately. SECTION 3. PUBLICATION. This Ordinance shall be published once, as required by law, in the Enterprise-Journal, a newspaper of general circulation published in the City of South San Francisco. at a this AYES: Introduced this 2nd day of July , 1980. Passed and adopted as an Ordinance of the City of South San Francisco regular meeting of the City Council of the City of South San Francico 2nd day of July , 1980, by the following vote: Councilmen Ronald G. Acostl, Mark N. AddieQo, Emanue~ N. Damonte, Gus Nicolopulos; and Councilwoman Roberta Cerri Teqlia NOES: None ABSENT: None foregoing Ordinance this City C1 erk ~/ As Mayor of the City of South San Francisco, I do hereby apProve the 2nd day of July , 1980. Mayor 3