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Ordinance - 1744• ORDINANCE NO. 1744 AN ORDINANCE OF THE CITY OF WEST COVINA REPEALING CHAPTER 14, ARTICLE VII OF THE WEST COVINA MUNICIPAL CODE, RELATING TO PUBLIC LODGINGS, AND AMENDING CHAPTER 21, ARTICLE III, RELATING TO TRANSIENT OCCUPANCY TAXES. THE CITY COUNCIL OF THE CITY OF WEST COVINA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 14, Article VII, sections 14-161 through 14-168 of the West Covina Municipal Code is hereby repealed. Section 2. Section 21-56 is hereby added to Chapter 21, Article III of the West Covina Municipal Code, which shall read as follows: "Sec. 21-56. Registration required. Every person conducting any motel, lodging house, trailer court, or hotel in the city shall at all times keep and maintain therein a register, which shall contain the name and home address of each and every guest or person renting or occupying a room therein, the number of each room assigned to or occupied by each such guest, and the time when such room is rented. The register shall be inscribed with ink or indelible pencil, and shall be signed by the person renting • or occupying each room. Until the entries required by this section are made in the register, no guest shall be permitted to privately occupy any room. When the occupants of each room rented i LMB/ORD5972 • quit and surrender the same, it shall be the further duty of the proprietor or his or her agent to enter the time thereof in the register opposite the name of such occupants." Section 3. Section 21-57 is hereby added to Chapter 21, Article III of the West Covina Municipal Code, which shall read as follows: "Sec. 21-57. Alterations of register. Erasures or alterations on the register required by section 21-56 shall not be made or permitted to be made." Section 4. Section 21-58 is hereby added to Chapter 21, Article III of the West Covina Municipal Code, which shall read as follows: "Sec. 21-58. Registering under fictitious name prohibited. No person shall write or cause to be written, or knowingly permit to be written in any register in any motel, lodging house, trailer court, or hotel, any other or different name or designation than the true name of the person registering therein, or the name by which the person is generally known." Section 5. Section 21-59 is hereby added to Chapter 21, Article III of the West Covina Municipal Code, • which shall read as follows: "Sec. 21-59. Repeated use prohibited. No person, except as provided in this article, shall let for sleeping or lodging purposes any room in any motel, -2- LMB/ORD5972 • lodging house, trailer court, or hotel in the city more than once, between the hours of 6:00 a.m. and 5:59 p.m., and no more than once between the hours of 6:00 p.m. and 5:59 a.m. of the following morning." Section 6. Section 21-51 of the West Covina Municipal Code is hereby amended to read as follows: "Sec. 21-50. Penalties and interest. (a) Original delinquency. Any operator who fails to remit any tax imposed by this article within the time required shall pay a penalty of ten (10) percent of the amount of the tax in addition to the amount of the tax. (b) Continued delinquency. Any operator who fails to remit any delinquent remittance on or before a period of thirty (30) days following the date on which the remittance first became delinquent shall pay a second delinquency penalty of ten (10) percent of the amount of the tax in addition to the amount of the tax and the ten (10) percent penalty first imposed. (c) Fraud. If the tax administrator determines that the • nonpayment of any remittance due under this article is due to fraud, a penalty of twenty-five (25) percent of the amount of the tax shall be added thereto in -3- LMB/ORD5972 • addition to the penalties stated in paragraphs (a) and (b) of this section. (d) Interest. In addition to the penalties imposed, any operator who fails to remit any tax imposed by this article shall pay interest at the rate of one- half of one (1/2 of 1) percent per month, or fraction thereof, on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid. (e) Register. For each day that the register required by section 21-56 is not maintained a one hundred (100) percent occupancy rate will be presumed. (f) Penalties merged with tax. Every penalty imposed and such interest as accrues under the provisions of this section shall become a part of the tax herein required to be paid." Section 7. Section 21-53 of the West Covina Municipal Code is hereby amended to read as follows: "Sec. 21-53. Records. . It shall be the duty of every operator liable for the collection and payment to the city of any tax imposed by this article to keep and preserve, for a . period of three (3) years, all registers and other records as may be necessary to determine the amount of such tax as he or she may have been liable for the collection of and payment to the city." -4- r - .LMB/ORD5972 • ion 8. The Mayor shall sign and the City Sect y g y Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. PASSED AND APPROVED this 22ndday of June If 1987. " MAYOR ATTEST: CZT LERK • -5- LMB,/ORD5972 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF WEST COVINA ) I, Helene M. Mooney , City Clerk of the City of West Covina, do hereby certify that the foregoing Ordinance No. 1744 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the FAh . day of Junp , 1987. That, thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 22nd day of June 1987, by the following vote, to wit: AYES: Councilmembers: Tennant, Shearer, Manners, Chappell NOES: Councilmembers: None ABSENT :Counci1members: None ABSTAIN: Councilmember Bacon CITY",,CLERK APPROVED AS TO FORM: .CITY ATTORNEY Q. CERTIFICATION I, JANET BERRY, Deputy City Clerk of the City of West Covina, State of California, do hereby certify that a true and accurate copy of Ordinance No. 1 % was published, pursuant to law, in the San isGabriel Valley Tribune, a newspaper of general circulation published and circulated in the City of West Covina. Janet Berry, City Clerk City of West Covina, Ca ' ornia DATED: --f .f" r