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<br />(d) It shall be unlawful and a misdemeanor to operate a Hotel without a valid <br />Hotel Visitors' registration certificate or to fail to post the certificate issued in a <br />conspicuous place at all times. <br /> <br />Section 8. Section 35-131 of the Santa Ana Municipal Code is hereby amended such <br />that it reads as follows (new language in bold, deleted language in strikeout) <br /> <br />Sec. 35-131. Reporting and remitting. <br /> <br />All operators shall report and remit monthly the full amount of Hotel Visitors' <br />taxes collected for the previous month upon the appropriate approved form available <br />from the finance director. Hotel Visitors' taxes shall be deemed to be collected at that <br />time at 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 accounting. The <br />same basis of accounting used for keeping the books and records shall be used for <br />reporting and remitting Hotel Visitors' taxes. The finance director may establish shorter <br />reporting periods for any certificate holder if he deems it necessary in order to insure <br />collection of the tax, and he may require further information in the return. Returns and <br />payments are due immediately upon cessation of business for any reason. All taxes <br />collected by operators pursuant to this article shall be held in trust for the account of the <br />city until payment thereof is made to the finance director. <br /> <br />(a) <br /> <br />(b) <br /> <br />Calendar month reporting period. Each operator reporting on a calendar <br />month basis shall, on or before the last day of the following month, make a <br />return to the finance director on approved forms of the total taxable rents <br />charged and the full amount of Hotel Visitors' taxes collected for the <br />previous month. At the time the return is filed, the full amount of the tax <br />collected shall be remitted to the finance director. <br /> <br />Timely returns. Returns and taxes remitted monthly and actually received <br />by the finance director on or before the last day of the following month <br />shall be deemed to be timely filed and remitted; otherwise, the taxes are <br />delinquent and subject to the penalties imposed pursuant to section 35- <br />132. Provided, however, that when the last day upon which a return may <br />be filed and taxes remitted falls on a Saturday, Sunday, or city, state, or <br />national holiday, a timely filing and remittance may be made upon the first <br />following working day. Returns filed and taxes remitted by mail shall be <br />deemed to be timely filed only if the envelope or similar container <br />enclosing the returns and taxes is addressed to the finance director, has <br />sufficient postage and bears a United States postmark or a postage meter <br />imprint prior to midnight on the last day for reporting and remitting without <br />a penalty, if the last day for reporting and remitting said tax falls on a <br />weekend or holiday, a filing shall be deemed to be timely filed if mailed <br />prior to midnight of the first following working day. If such envelope or <br />other container bears a postage meter imprint as well as a United States <br />Post Office cancellation mark, the latter shall govern in determining <br /> <br />Ordinance No. NS-2648 <br />Page 6 of 12 <br />