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HomeMy WebLinkAboutMC-191 ~~ ,.- :- ,,' ORDINANCE NO. t.1('-1.91 2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 3.52 RELATING TO UNIFORM TRlL1IJSIENT OCCUPANCY TAX; CHANGING THE REPORTING PERIOD FOR TRANSIENT OCCUPANCY TAX FROM A QUARTERLY TO A MONTHLY PERIOD; AND CHANGING THE PENALTY PROVISIONS FOR DELINQUENT PAYMENT. 3 4 5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 6 7 SECTION 1. Section 3.52.070 of the San Bernardino Municipal 8 Code is amended to read: 9 "Each operator shall, on or before the twenty-fifth day of 10 each month, or at the close of any shorter reporting period which 11 may be established by the City Clerk, make a return to the City ]2 Clerk on forms provided by him, of the total rents charged and 13 received and the amount of tax collected for transient 14 occupancies. At the time the return is filed, the full amount of 15 the tax collected shall be remitted to the City Clerk. The City 16 Clerk may establish shorter reporting periods for any certificate 17 holder if he deems it necessary in order to insure collection of 18 the tax and he may require further information in the return. ]9 Returns and payments are due immediately upon cessation of 20 business for any reason and upon transfer, by sale or otherwise, 2] of the business entity. All taxes collected by operators pursuant 22 to this chapter shall be held in trust for the account of the City 23 until payment thereof is made to the City Clerk." 24 SECTION 2. Section 3.52.080 of the San Bernardino Municipal 25 Code is amended to read: 26 "A. Delinquency. 27 1. Any operator who fails to remit any tax imposed by this 28 chapter within the time required and up to a period of thirty days MC-191 ~ - , 1 thereafter shall pay a penalty of twenty-five percent of the 2 amount of tax in addition to the amount of the tax. 3 2. Any operator who remits any delinquent remittance between 4 the thirtieth day or on or before the sixtiet.h day following the 5 date on which the remittance first became delinquent shall pay a 6 delinquency penalty of fifty percent of the amount of the tax in 7 addition to the amount of the tax. 8 3. Any operator who remits any delinquent remittance after 9 the sixtieth day following the date on which the remittance first 10 became delinquent shall pay a delinquency penalty of one hundred 11 percent of the amount of the tax in addition to the amount of the ]2 tax, together with interest on the total tax and delinquency 13 penalty at the rate of eighteen percent per annum computed from 14 the sixty-first day of such delinquency until paid. 15 B. Fraud. If the City Clerk determines that the nonpayment 16 of any remittance due under this chapter is due to fraud, a 17 penalty of twenty-five percent of the amount of the tax shall be 18 added thereto in addition to the penalties stated in Subsection A 19 of this section. 20 C. Penalties Merged with Tax. Every penalty imposed under 21 the provisions of this section shall become a part of the tax 22 erein required to be paid." 23 I HEREBY CERTIFY that the foregoing ordinance was duly 24 adopted by the Mayor and Common Council of the City of San 25 ernardino at a meeting thereof, held on regular 26 the 19th day of .July , 1982, by the following vote, 27 to wit: 28 . . . -2- MC- t9J ". 1 AYES: council Members Reilly, Hernandez, Quiel, Hobbs, 2 Strickler 3 NAYS: None 4 ABSENT: Council Members Castaneda, Botts ---_..- 5 6 ~&t?ZCV ~~h / City Clerk approved ~~~~ay /"/' .' ~.r .- ,. 7 ordinance is hereby 9 The foregoing 'y ~ , 1982. 8 of 10 Approved as to form: 11 J<~~UI;? Cl.ty A orney ]2 13 14 ]5 ]6 17 ]8 ]9 20 2] 22 23 24 25 26 27 28 Bernardino -3-