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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
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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 />employee, the managing agent shall also be deemed an operator for the <br />purposes of this article and shall have the same duties and liabilities as his <br />principal. Compliance with the provisions of this article by either the principal or <br />the managing agent shall, however, be considered to be compliance by both. <br /> <br />(g) Qualifying rantal agraement. The term "qualifying rental agreement" <br />means and shall be limited to a written contract signed by both the landlord and <br />tenant, legally enforceable by either party thereto, and for a rental period of not <br />less than thirty (30) consecutive days, Notwithstanding any other provision <br />thereof, the term "qualifying rental agreement" as used in this article shall <br />expressly exclude: (1) any agreement regardless of rental term which is <br />terminated for any reason by either party thereto, or by mutual consent, prior to <br />the thirtieth consecutive day of tenancy, or (2) any agreement regardless of <br />length of rental term which would be unlawful or constitute a violation of any <br />provision of law. <br /> <br />Section 4, Section 35-127 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. 35-127, Tax imposed. <br /> <br />. (a) For the privilege of occupancy in any hotel, each tfaß&ieAt hotel I <br />visitor is subject to and shall pay a tax in the amount of nine (9) per cent of the <br />rent charged by the operator, The tax constitutes a debt o1l\(ed by the transient <br />hotel visitor to the city which is extinguished only by payment to the operator or to I <br />the city, The tfaß&ieAt hotel visitor shall pay the tax to the operator of the hotel at <br />the time the rent is paid, If the rent is paid in installments, a proportionate share <br />of the tax shall be paid with each installment. The unpaid tax shall be due upon <br />the tfaß&ieAt hotel visitor's ceasing to occupy space in the hotel. If for any reason I <br />the tax due is not paid to the operator of the hotel, the finance director may <br />require that such tax shall be paid directly to the finance director. <br /> <br />(b) In the event that a qualifying rental agreement exists between the <br />hotel and any person for occupancy, as hereinabove defined, for a period in <br />excess of thirty (30) days and in the event that such person allows occupancy by <br />another person as subtenant, guest, licensee or permittee, the person who has <br />made the agreement with the hotel as aforesaid shall be subject to and shall pay <br />the tax provided for herein, . <br /> <br />Section 5. Section 35-128 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. 35-128. Exemptions. <br /> <br />508-4 <br /> <br />Ordinance No. NS-XXX <br />Page 3 of 14 <br />
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