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NS-2162
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Last modified
1/3/2012 1:02:56 PM
Creation date
6/26/2003 10:08:08 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-2162
Date
6/15/1992
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ORDINANCE NS-2162 <br />Page 2 <br /> <br /> (d) Transient. The term "transient" means any person who <br />exercises occupancy or is entitled to occupancy by reason of <br />concession, permit, right of access, license or other <br />agreement. Any such person so occupying space in a hotel shall <br />be deemed to be a transient until after the thirtieth (30th) <br />consecutive day of such occupancy and said tax shall continue <br />to be due upon all rent collected or accruing prior to said <br />thirtieth (30th) day of occupancy unless such occupancy is <br />pursuant to a qualifying rental agreement as defined in this <br />article. In determining whether a person is a transient, <br />uninterrupted periods of time extending both prior and <br />subsequent tQ the effective date of this article may be <br />considered. <br /> <br /> (e) Rent. The term "rent" means the total consideration <br />charged to the transient as shown on the guest receipt for the <br />occupancy of space in a hotel, including charges for <br />equipment, (such as rollaway beds, cribs and television set, <br />etc.), and in-room services (such as movies and other services <br />not subject to California taxes), valued in money, whether <br />received or to be received in money, goods, labor or <br />otherwise. It shall include all receipts, cash, credit, <br />property and services of any kind or nature without any <br />deduction therefrom whatsoever. The costs of additional goods <br />and services, which are not "rent," but which may be sold as <br />a package with the room (such as meals, excursions, and <br />recreational services), must be accounted for in accordance <br />with the rules and regulations promulgated by the finance <br />director. <br /> <br /> (f) Operator. The term "operator" means the person who is <br /> proprietor of the hotel, whether in the capacity of owner, <br /> lessee, sublessee, mortgagee in possession, licensee, or any <br /> other capacity. Where the operator performs his functions <br /> through a managing agent of any type or character other than <br /> an employee, the managing agent shall also be deemed an <br /> operator for the purposes of this article and shall have the <br /> same duties and liabilities as his principal. Compliance with <br /> the provisions of this article by either the principal or the <br /> managing agent shall, however, be considered to be compliance <br /> by both. <br /> <br /> (g) Qualifying rental agreement means and shall be <br />limited to a written contract signed by both the landlord and <br />tenant, legally enforceable by either party thereto, and for <br />a rental period of not less than thirty (30) consecutive days. <br />Notwithstanding any other provision thereof, the term <br />"qualifying rental agreement" as used in this article shall <br />expressly exclude: (1) any agreement regardless of rental <br />term which is terminated for any reason by either party <br />thereto, or by mutual consent, prior to the thirtieth (30th) <br /> <br /> <br />
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