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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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Page <br /> <br /> No exemption shall be granted except upon a claim <br />therefor made at the time rent is collected and under penalty <br />of perjury, upon a form prescribed by the finance director. <br /> <br />Bec. 35-129. Operator's duties. <br /> <br /> (a) Each operator shall collect the tax imposed by this <br />article to the same extent and at the same time as the rent is <br />collected from every transient. The amount of tax shall be <br />separately stated from the amount of the rent charged, and <br />each transient shall receive a receipt for payment from the <br />operator. No operator of a hotel shall advertise or state in <br />any manner, whether directly or indirectly, that the tax or <br />any part thereof will be assumed or absorbed by the operator, <br />or that it will not be added to the rent, or that, if added, <br />any part will be refunded except in the manner hereinafter <br />provided. Each operator shall account separately for and <br />maintain separate monthly summary totals for taxable and <br />nontaxable rents and for taxes collected. <br /> <br /> (b) The operator shall maintain its financial and <br />accounting records in accordance with established accounting <br />principles acceptable to the finance director. In the event <br />the operator offers paid packages or complimentary services to <br />guests, the charges shall be accounted for in accordance with <br />the rules and regulations promulgated by the finance director. <br /> <br /> (c) The tax required to be collected (any amount <br />unreturned to the transient which is not tax but was collected <br />under the representation that it was tax) constitutes a debt <br />owed by the operator to the City of Santa Ana and shall be <br />paid to the city with the monthly remittance. <br /> <br /> (d) Whenever an operator who has collected any sum under <br />the representation that it was a tax which sum is not required <br />to be collected as a tax remits said sum to the city and <br />thereafter refunds such sum to said person in whole or part <br />such operator may take the amount of such refund as a credit <br />against future taxes only upon submitting to the finance <br />director a statement under penalty of perjury specifying the <br />reasons for the credit and providing proof of payment of such <br />refund. <br /> <br /> (e) Nothing contained in this article shall be deemed to <br />authorize as a credit against taxes owed any amount returned <br />by the operator to any toUr promoter, travel agent, or third <br />party other than the transient. Travel agent commissions are <br />an expense of the operator and may not be deducted from the <br />rent. <br /> <br />35-130. RegistratiQn. <br /> <br /> <br />
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