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HomeMy WebLinkAboutMC-805 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. Me-80S 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 1 August 29, 1991 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . Me-80S 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." III III III III DAB/ses/Transien.ord 2 August 29, 1991 Me-80S 1 2 3 . AN ORDINANCE...RELATING TO TRANSIENT OCCUPANCY TAX. 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 regular meeting thereof, held on the 16th 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 day of September , 1991, by the following vote, to wit: Council Members: ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER AYES NAYS ABSTAIN ABSENT x x x x x x x C.".~t Cit Clerk 'If u . ) ," '-C:,\L--, ,-c.'---l-- o The foregoing ordinance is hereby approved /ftfiL day of September, 1991. Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: /J,/W/Ln4~~_ /- .-/ /~ DAB/ses/Transien.ord 3 August 29, 1991