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HomeMy WebLinkAboutOrd 1364-2005 ORDINANCE NO. 1364-2005 AN ORDINANCE OF THE PEOPLE OF THE CITY OF SOUTH SAN FRANCISCO AMENDING CHAPTER 4.20 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND ADDING SECTION 4.20.033 CONCERNING THE TRANSIENT OCCUPANCY TAX The People of the City of South San Francisco do hereby ordain as follows: SECTION 1. Chapter 4.20 of South San Francisco Municipal Code is hereby amended to read as follows: (with text in strikeout indicating deletion and double- underlined text indicating addition): Section 4.20.030 Amended "For the privilege of occupancy in any hotel, each transient is subject to and shall pay a general tax in the amount of eight percent of the rent charged by the Qperator and a special tax of one percent. The total Qeneral and soecial taxes imoosed oursuant to this Chapter shall eaual nine oercent of the rent charQed bv the ooerator. 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 thirty 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." Added Section 4.20.033: "4.20.033 There is hereby imposed a soecial tax upon the orivilege of occupancy in any hotel. Each transient is subiect to and shall Day a soecial tax of one oercent of the rent char~ed bv the ooerator. The revenue Qenerated bv the one oercent increment shall only be used for the purpose of fundinQ oarks. recreation. library and public safety services and shall be in addition to. and se~arated from. the Qeneral excise tax imoosed pursuant to Chaoter 4.20.030. If a room is rented bv a firm. cornoration. partnership. ioint venture or any other orQanization on a 10nQ term basis. the tax hereby imposed shall fall uoon and be borne bv each individual who occuoies or has the riQht to occuov the room for a period of thirtY consecutive days or less. The tax constitutes a debt owed bv the transient to the city which is extin~ished only bv payment to the ooerator or to the city. The transient shall Day the tax to the ooerator of the hotel at the time the rent is oaid. If the rent is paid in installments. a orooortionate share of the tax shall be oaid with each installment. 1 The unpaid tax shall be due upon the transient's ceasinQ to occuov soace in the hotel. If for any reason the tax due is not oaid to the ooerator of the hoteL the tax administrator mav reauire that such tax shall be oaid directlv to the tax." SECTION 2. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of this ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable. The People of the City of South San Francisco hereby declare that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that anyone or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. SECTION 3. Election Required for Tax to be Effective. The tax proposed by this ordinance shall not become effective until approved by 2/3 of the voters voting on this issue at the November 2, 2004 election. SECTION 4. Effective Date of Tax. If this ordinance is approved by a majority of the voters voting on this issue at the November 2, 2004 election, pursuant to Elections Code Section 9217, this ordinance shall be considered adopted on that date and the tax shall become effective January 1, 2005, or no sooner than 10 days after the Council certifies the results of the election, whichever occurs later. * * * * * Adopted as an Ordinance, Per Resolution No. 117-2004, "A Resolution Declaring The Election Results Of The Special Municipal Election Consolidated With The Presidential Election Held On November 2, 2004", by the following vote: Total votes cast in favor of Measure I: Total votes cast against Measure I: 12,554 5,391 [Inadvertently this Ordinance was not processed following the November 2, 2004 election; it is now therefore corrected this date, November 21, 2005. Sylvia Payne, City Clerk.] 2