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HomeMy WebLinkAboutOrd 1126-1993ORDINANCE NO. 1126-93 AN ORDINANCE OF THE CITY COUNCIL OF SOUTH SAN FRANCISCO AMENDING PORTIONS OF CHAPTER 4.20 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATING TO TRANSIENT OCCUPANCY TAX THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. Definitions. Subsection (d) of Section 4.20.020 of the South San Francisco Municipal Code is hereby amended to read as follows: (d) "Person" means any individual. SECTION 2: Tax Imposed. Section 4.20.030 of the South San Francisco Municipal Code is hereby amended to read as follows: For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of eight percent of the rent charged by the operator. If a room is rented by a firm, corporation, partnership, joint venture or any other organization on a long term basis, the tax hereby imposed shall fall upon and be borne by each individual who occupies or has the right to occupy the room for a period of 30 consecutive days or less. The 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 proportionate 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 3. Reporting and remitting. Section 4.20.070 is hereby amended to read as follows: Each operator shall make a return, on forms provided by the City, of the total rents charges and received and the amount of tax collected for transient occupancies so that it is received by the tax administrator on or before the last day of the month following the month in which the tax is collected. It is the obligation of the operator to assure that the tax collected shall be received by the tax administrator within the time allowed to make a return. 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 CENTRAL RECORE~ 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 4. The remaining provisions of Chapter 4.20 shall be unaffected and remain in full force and effect. SECTION 5. SEVERABILITY. In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. SECTION 6. Publication and Effective Date. This ordinance shall be published once, with the names of those City Councilmembers voting for or against it, in the Enterprise-Journal, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective on July 1, 1993. Introduced at a re§u]ar meeting of the City Council of the City of South San Francisco, held the 10th day of March , 1993. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council of the City of South San Francisco, held the 24th day of March , 1993, by the following vote: AYES: Councilmembers Jack Drago, Joseph A. Fernekes, John R. Penna, Robert Yee, and Mayor Roberta Cerri Teal ia NOES: None ABSTAIN: None ABSENT: None As Mayor of the City of South San Francisco, I do hereby approve 1993. the foregoing Ordinance 2 this 24th day of March , CIEJ~TE AL RECORD~ FILE NO .~/' ~/"~'""' ~'~;~