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Ordinance - 1760ORDINANCE NO. 1760 AN ORDINANCE OF THE CITY OF WEST COVINA AMENDING CHAPTER 21, ARTICLE III, OF THE WEST COVINA MUNICIPAL CODE RELATING • TO TRANSIENT OCCUPANCY TAXES. The City Council of the City of West Covina does hereby ordain as follows: Section 1. Section 21-44 of the West Covina Municipal Code is hereby amended to read as follows: "Section 21-44. Definitions. For the purposes of this article, certain words and phrases are defined and shall be construed as herein set forth unless it is apparent from the context that a different meaning is intended. Hotel means any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof all for the temporary use of a transient individual who remains as a guest of such establishment less than thirty (30) days, but shall not include jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes and similar buildings where human beings are housed and detained under a legal restraint. Occupancy means the use or possession, or the right to use or possession of any room or rooms or portion thereof, in any hotel for dwelling, lodging or sleeping purposes. Operator means the person who is proprietor of the hotel, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, or any other capacity. Where the operator performs his functions through a managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this article and shall have the same duties and liabilities as his principal. Compliance with the provisions of this article by either the principal or the managing agent shall, however, be considered to be compliance by both. Register means such records, receipts, invoices and other pertinent papers in s Iforms as the tax administrator may require which reflect the name, home street and city of each and every guest or person renting or occupying a room therein together with the number of each room assigned, the time at which the room was rented, and the time at which the room was vacated by the guest. Rent means the consideration charged, whether or not received, for the occupancy of space in a hotel valued in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever. Tax administrator means the finance officer of the city, or his designee, who is charged with the administration of the tax. • -2- Transient means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of less than thirty (30) consecutive calendar days, counting portions of calendar days as full days. Any • such person so occupying space in a hotel shall be deemed to be a transient until the period of twenty-nine (29) days has expired. In determining whether a person is a transient, uninterrupted periods of time extending both prior and subsequent to the effective date of this article may be considered." Section 2. Section 21-49 of the West Covina Municipal Code is hereby amended to read as follows: "Section 21-49. Reporting and remitting. (a) Each operator on or before the last day of the month following the close of each calendar month, commencing January 1, 1988, or at the close of any shorter reporting period which may be established by the tax administrator, shall make a return to the tax administrator, on forms provided by him, of the total rents charged and received and the amount of tax collected for transient occupancies. At the time the return is filed, the full amount of the tax collected shall be remitted to the tax administrator. The tax administrator may establish shorter reporting periods for any certificate holder if he deems it necessary in order to insure collection of the tax and he may require further information in the return. (b) Returns and payments are due immediately upon cessation of business for any reason. All taxes collected by operators pursuant to this article shall be held in trust for the account of the city until payment thereof is made to the tax administrator. (c) If any operator liable for any amount under this Section, sells out his or her business or quits the business, the operator's successors or assignees shall withhold sufficient of the purchase price to cover such amount until the former owner produces either a receipt from the tax administrator showing that the taxes have been paid, or a certificate stating that no amount is due. (d) If the purchaser of a business fails to withhold the purchase price as required, such purchaser becomes personally liable for the payment of the amount required to be withheld by the purchaser to the extent of the purchase price, valued in money. (e) The tax administrator, or his authorized designee, in the exercise of the duties imposed upon him under this article, shall have the authority to perform audits of all relevant hotel records to ascertain whether the provisions of this article have been complied with fully. (f) If any person fails to furnish any information or records required by this article upon demand by the tax administrator, the tax administrator may issue a subpoena demanding that such person supply the requested information or records. The subpoena shall specifically identify the information or records sought, and indicate the place, date, and time at which the information or records must be presented. If any person fails to comply with a regularly issued subpoena, the tax administrator may apply to the Superior Court for an order requiring compliance with the subpoena. -3- Section 3. The Mayor shall sign and the City 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. • ATTEST: PASSED and APPROVED this 23rd day of City C rk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF WEST COVINA ) November , 1987. Mayor I, Helene M. Mooney , City Clerk of the City of West Covina, do hereby certify that the foregoing Ordinance No. 1760 was regularly introduced and placed upon its first reading at the regular meeting of the City Council on the 9th day of November , 1987. That, thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 23rd day of November , 1987, by the following vote, to wit: AYES: COUNCILMEMBERS: Tennant, Bacon, Manners, Chappell NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Shearer APPROVED AS TO FORM: City Attorney • City Clerk 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. was published, pursuant to law, in the San • Gabriel Valley Tribune, a newspaper of general circulation published and circulated in the City of West Covina. Janet Berry, City Clerk City of West Covina, Cal6rornia DATED: s/.i'�4r