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HomeMy WebLinkAbout18-City Attorney CITY OF SAN BER~ REQUEST .. ~R COUNCIL ACTION From: James F, Pernnan Subject: An Ordinance of the City of San Bernardinc amending San Bernardino Municipal Code Sections 3,52.020 A. and 3,52,020 F, and repealing San Bernardino Municipal Code Section 3,52,020 G, relating to transient occupancy tax. ~ept: City Attorney Date: 12/22/89 Synopsis of Previous Council action: ordinance 2811 Section 2, 1967; Ordinance 3846 Section 1, 1979; Ordinance MC-376, 6-4-84. All relating to San Bernardino Municipal Code 3.52,020 Recommended motion: Waive first reading and layover for final adoption, t~7,~ o Signature Contact person: Dennis A, Barlow Phone: 384-5355 Supporting data attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. DescriPtion) Finance: )uncil Notes: AQenda Item No._ IF CITY OF SAN BER~r.RDINO - REQUEST l )R COUNCIL ACTION STAFF REPORT At the meeting of the Mayor and Council held on Monday, December 18, the City Attorney's Office was directed to prepare an amendment to Chapter 3.52 to remove the exemption on the Transient Occupancy Tax for those occupancies lasting longer than 30 days, The attached Ordinance removes the exemption for occupancies in hotels and motels, as defined, but does not affect residential use of apartment buildings and other non transient lodging. DAB/ses December 22, 1989 3 75.0264 1 ORDINANCE NO, 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE SECTIONS 3.52,020 A, AND 3,52.020 F. 3 AND REPEALING SAN BERNARDINO MUNICIPAL CODE SECTION 3,52,020 G. RELATING TO TRANSIENT OCCUPANCY TAX, 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 5 DO ORDAIN AS FOLLOWS: 6 SECTION 1. San Bernardino Municipal Code Section 7 3,52.020 A is hereby amended to read as follows: 8 itA. 'Hotel' means any structure, or any portion of any 9 structure which is occupied or intended or designed for 10 occupancy by transients for dwelling, lodging or sleeping 11 purposes, and includes any hotel, inn, tourist home or 12 house, motel, studio hotel, bachelor hotel, lodginghouse, 13 roominghouse, dormitory, public or private club, mobile 14 home or house trailer located outside a mobile home park 15 for occupancy on a transient basis for a period of thirty 16 days or less unless the occupant is an employee of the 17 owner or operator of the mobile home or trailer, or other 18 similiar structure or portion thereof," 19 SECTION 2. San Bernardino Municipal Code Section 20 3,52,020 F is hereby amended to read as follows: 21 "F. 'Transient' means any person who exercises occupancy or 22 is entitled to occupancy by reason of concession, permit, 23 right of access, license or other agreement in a hotel as 24 defined in this Section and in Section 19,04,330 or in a 25 motel as defined in Section 19,04,430," 26 SECTION 3. Subsection G, of San Bernardino Municipal 27 Code Section 3.52.020 is hereby repealed, 28 DAB/ses December 22, 1989 1 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN BERNARDINO MUNICIPAL CODE SECTIONS 3,52,020 A, AND 3,52.020 F. 2 AND REPEALING SAN BERNARDINO MUNICIPAL CODE SECTION 3.52.020 G, RELATING TO TRANSIENT OCCUPANCY TAX. 3 I HEREBY CERTIFY that the foregoing ordinance was duly 4 adopted by the Mayor and Common Council of the City of San 5 Bernardino at a meeting thereof, held on the 6 day of , 1990, by the following vote, to wit: 7 Council Members: AYES NAYS ABSTAIN 8 ESTRADA 9 REILLY FLORES 10 MAUDSLEY MINOR 11 POPE-LUDLAM MILLER 12 13 14 15 16 17 18 19 20 City Clerk The foregoing ordinance is hereby approved this day of , 1990, W, R, Holcomb, Mayor City of San Bernardino Approved as to form 21 and legal content: 23 22 JAMES F, PENMAN, City Attorney 24 25 26 27 28 By: r1c'1A""- l.r~~ C DAB/ses December 22, 1989 2