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50B - TRANSIENT OCCUPANCY TAX
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03/15/2004
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50B - TRANSIENT OCCUPANCY TAX
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1/3/2012 5:03:05 PM
Creation date
3/15/2004 3:15:12 PM
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City Clerk
Doc Type
Agenda Packet
Item #
50B
Date
3/15/2004
Destruction Year
2009
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<br />. <br /> <br />. <br /> <br />. <br /> <br />operator at his hotel. Any portion of the security remaining after satisfaction of <br />I outstanding transiantoccupanc;y hotel visitor taxes, penalties, interest and costs <br />of sale may be retained by the finance director for security or may be paid over <br />by him to the depositing operator, <br /> <br />(c) In the case of the transfer or cessation of business by the <br />depositor, the finance director shall refund or release the security amount <br />required pursuant to this section. upon depositor's presentåtion to the finance <br />I director of either a receipt from the finance director showing that all tfaß&ieAt <br />occupancy hotel visitor taxes, including any penalty, interest or other charges or <br />costs outstanding, have been paid or a certificate of nonliability stating the <br />I non liability of the depositor for payment of tmnsioAtessul"ancy hotel visitor tax as <br />hereunder provided in section 35-140, ' <br /> <br />Section 10. Section 35-140 of the Santa Ana Municipal Code is hereby <br />amended such that it reads as follows (new language in bold, deleted language in <br />strikeout) <br /> <br />Sec. 35.140, Transfer or cessation of business; operator's duty to notify; remitting <br />and reporting requirements; closeout audit; successor's duty to notify; <br />successor's liability; certificate of non liability. ' <br /> <br />(a) Operator's duty to notify. An operator who is transferring, selling or <br />terminating his business shall notify the finance director in writing of such sale, <br />transfer or termination and the name and address of the purchaser or transferee <br />at least thirty (30) days in advance of the date of the transfer, sale or termination, <br />unless the decision to sell, transfer or terminate was made within less than a <br />thirty-day period prior to the transfer, sale or termination, in which case the <br />operator shall then immediately notify the purchaser or transferee of their <br />responsibility for unpaid taxes as set forth in subsections (c) and (d) below, and <br />further certify in writing to the finance director that the tran~eree or purchaser <br />was notified of the requirements of this article regarding its responsibility for <br />unpaid collected taxes. <br /> <br />(b) Remitting and reporting raquiraments. Each operator upon the <br />transfer or cessation of business for any reason shall, on or before the last day of <br />the next month following the transfer or cessation of business, make a return to <br />the finance director on approved forms of the total taxable rents charged, the <br />amount of tax collected for the reporting period, remittances made, if any, and <br />the balance of the tax due, if any, shall be remitted to the finance director. <br /> <br />(c) Closeout audit. After filing the final retum and remitting the balance <br />due, the operator shall make his records of account available for a closeout audit <br />by the finance director or duly authorized employee or agent of the city. If, upon <br />audit by the city, the operator transferring or quitting his business is found to <br />I have satisfied all tfaß&ieAt essul"ancy hotel visitor liability, the finance director <br /> <br />Ordinance No. NS-XXX <br />Page 10 of14 <br /> <br />508-11 <br />
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