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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 />nor to operate a hotel without strictly complying with all local <br />applicable laws, including but not limited to those requiring a permit <br />from any board, commission, department or office of this city. This <br />certificate does not constitute a permit." <br /> <br />. <br /> <br />(b) No transient 06Gl-IfJan6Y hotel visitor registration certificate issued <br />pursuant to this article shall be transferable or assignable; provided, that where a <br />person holding a certificate issued under the provisions of this article changes <br />the name of the business, such person shall upon changing the name make a <br />written application to the finance director to have said certificate amended to <br />reflect the change in name; and provided further, that transfer, whether by sale or <br />otherwise, to another person under such circumstances that the real or ultimate <br />ownership after the transfer is substantially similar to the ownership existing <br />before the transfer shall not be prohibited by this section. For the purpose of this <br />section stockholders, bondholders, partnerships, or other persons holding an <br />interest in a corporation or other entity herein defined to be a person are <br />regarded as having the real or ultimate ownership of such Corporation or other <br />entity, ' <br /> <br />I (c) Whenever, upon the sale or transfer of an existing hotel, a tfaß&ieAt <br />occufJan6Y hotel visitor registration certificate is applied for, the finance director <br />shall require that the succeeding operator produce a certificate of nonliability or <br />other receipt issued by the finance director establishing that no unsatisfied <br />I liability for tmnsient occupancy hotel visitor taxes exists. <br /> <br />(d) It shall be unlawful and a misdemeanor to operate a hotel without a <br />I valid transient aCGUfJaA6Y hotel visitor registration certificate or to fail to post the <br />certificate issued in a conspicuous place at all times. <br /> <br />Section 8, Section 35-131 of the Santa Ana Municipal Code is hereby amended <br />such that it reads as follows (new language in bold, deleted language in strikeout) <br /> <br />Sec. 35-131. Reporting and remitting. <br /> <br />. <br /> <br />All operators shall report and remit monthly the full amount of transient <br />06GUfJancy hotel visitor taxes collected for the previous month upon the <br />appropriate approved form available from the finance director. Tmnsiont <br />occl-Jpancy hotel visitor taxes shall be deemed to be cOllected at that time at <br />which the rent is earned if the operator uses the accrual basis of accounting or <br />the time at which rent is received if the operator uses the cash basis of <br />accounting. The same basis of accounting used for keeping the books and <br />I records shall be used for reporting and remitting tmnsiont accupancy hotel visitor <br />taxes. The finance director may establish shorter reporting periods for any <br />certificate holder if he deems it necessary in order to insure collection of the tax, <br />and he may require further information in the return. Returns and payments are <br />due immediately upon cessation of business for any reason. All taxes collected <br /> <br />Ordinance No. NS-XXX <br />Page 6 of14 <br /> <br />508-7 <br />
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