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. CITY OF SAN BER~RDINO -
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REQUEST FOR COUNCIL ACTION
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From: James F. Perunan
Dept: City Attorney
Subject: AN ORDINANCE OF THE CITY OF SAN
BERNARDINO AMENDING SBMC SECTIONS
3.52.020.A AND 3.52.020.F AND ADDING
SECTIONS 3.52.020.G RELATING TO
TRANSIENT OCCUPANCY TAX.
Date: August 29, 1991
Synopsis of Previous Council action:
January 22, 1990 - Adoption of Ordinance No. MC-702 amending SBMC
Chapter 3.52.
Recommended motion:
Waive further reading and layover for adoption.
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Contact person:
Dennis A. Barlow
Phone: 384-5355
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: IAcct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
75-0262
Agenda Item No.
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CITY OF SAN BER()lRDINO - REQUEST t::fJR COUNCIL ACTION
STAFF REPORT
When the increased business license fee was adopted providing
for an additional $1,000 in areas of high crime, specifically the
Arden/Guthrie area, portions of the area were inadvertently left
out. In the attached ordinance amendment the revised description
was prepared by Engineering and now includes all of the impacted
area.
75-0264
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SAN
BERNARDINO MUNICIPAL CODE SECTIONS 3.52.020.A. AND 3.52.020.F. AND
ADDING SECTION 3.52.020.G. RELATING TO TRANSIENT OCCUPANCY TAX.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO!
DO ORDAIN AS FOLLOWS:
SECTION 1.
San Bernardino Municipal Code Section
3.52.020.A. is hereby amended to read as follows:
"A. "Hotel" means any structure, or any portion of any
structure which is occupied or intended or designed for occupancy
by transients for lodging or sleeping purposes, and includes any
hotel, inn, tourist home or house, motel, studio hotel, bachelor
hotel, lodginghouse, roominghouse, dormitory, public or private
club, mobile home or house trailer located outside a mobile home
park for occupancy on a transient basis for a period of ninety
days or less unless the occupant is an employee of the owner or
operator of the mobile home or trailer, or other similar structure
or portion thereof."
SECTION 2.
San Bernardino Municipal Code Section
3.52.020.F. is hereby amended to read as follows:
"F. '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 ninety
consecutive calendar days or less, counting portions of calendar
days as full days, and to any person who so occupies premises
intended for transient occupancy on a temporary basis for more
than ninety days without contracting for occupancy on a permanent
basis. Any such person so occupying space in a hotel or motel
shall be deemed to be a transient without regard to the ninety-
DAB/ses/Transien.ord
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August 29, 1991
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days period, unless there is an agreement in writing between the
operator and the occupant providing for a permanent occupancy. In
determining whether a person is a transient, uninterrupted periods
of time extending both prior and subsequent to the effective date
of the ordinance codified in this chapter may be considered. Each
occupant of a hotel or motel as defined .in the City of San
Bernardino Development Code shall be deemed to be a transient, for
purposes of this chapter, unless the hotel or motel is authorized
to have permanent residents. Each occupant of any such hotel or
motel shall be deemed a transient, for purposes of this chapter,
regardless of the period of continuous occupancy until an
agreement is entered into between the operator and the occupant
providing for permanent tenancy."
SECTION 3. Subsection G. is hereby added to Section
3.52.020 of the San Bernardino Municipal Code to read as follows:
"G. 'Permanent' in regard to tenancy and residents shall be
deemed to apply to those tenancies and residents wherein tenancy
is on the basis of an agreement in writing for occupancy on a
month-to-month or week-to-week basis, or for any definite period
of time, provided that in any event 'permanent' shall not include
the first ninety days of occupancy in any motel, hotel or motor
hotel which rents more than one-half of its rooms or dwelling
units at a daily or weekly rate."
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DAB/ses/Transien.ord
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August 29, 1991
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AN ORDINANCE.. . RELATING TO TRANSIENT OCCUPANCY TAX.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
, 1991, by the fOllowing vote, to wit:
day of
10 HERNANDEZ
11 MAUDSLEY
12 MINOR
13 POPE-LUDLAM
14 MILLER
Council Members:
AYES
NAYS
ABSTAIN
8 ESTRADA
9 REILLY
ABSENT
City Clerk
The foregoing ordinance is hereby approved this
of
, 1991.
day
w. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
BY:~./
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DAB/ses/Transien.ord
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August 29, 1991