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HomeMy WebLinkAbout01- City Attorney wow CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: HUSTON T. CARLYLE, JR. Subjects: 1. AN ORDINANCE OF THE CITY OF SAN Sr. Assistant City Attorney BERNARDINO REPEALING CHAPTER 3.52 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADDING CHAPTER 3.54 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO TRANSIENT LODGING TAX. 2. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO SUBMITTING TO THE VOTERS A BALLOT MEASURE RELATING TO THE CITY'S TRANSIENT LODGING TAX. Dept: CITY ATTORNEY 3. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF Date: November 6, 1997 SAN BERNARDINO CALLING A GENERAL MUNICIPAL ELECTION TO SUBMIT TO THE ELECTORS FOR THEIR APPROVAL A BALLOT MEASURE RELATING TO THE CITY'S TRANSIENT LODGING TAX. Synopsis of Previous Council action: Council adopted Ordinance 2811 on April 10, 1967 relative to Chapter 3.52 of the San Bernardino Municipal Code known as the Uniform Transient Occupancy Tax. Chapter 3.52 has been amended in previous years through the adoption of Ordinance 3433 in 1974, Ordinance 3846 in 1979, Ordinance MC-191 on July 19, 1982, Ordinance MC-288 on July 5, 1983, Ordinance MC-296 on August 1, 1983, Ordinance MC-376 on June 4, 1984, Ordinance MC-460 on May 13, 1985, Ordinance MC-702 on January 8, 1990, Ordinance MC-732 on June 18, 1990, Ordinance MC-740 on August 20, 1990, Ordinance MC-805 on September 16, 1991, and Ordinance MC-998 on July 21, 1997. Recommended motions: .4 r Previously - /J/t13�9 7 1. That said ordinance be laid over for final adoption. JfZ Previously - ///d3/P 7 2. That said resolution be adopted. Previously - /1112 7 3. That said resolution be adopted. 4. That the City Attorney is directed to prepare an impartial analysis of the Ordinance for ballot presentation to the electorate. t / ordinance Laid over Signature Res 97- ,� Res 97- Contact person: HUSTON T CARLYLE JR. Phone: 3662 Supporting data attached: Staff Report Ward: All FUNDING REQUIREMENTS: Amount: Source: Finance: Council Notes: 75-0262 Agenda Item Nos. 1. 2. 3 I 3 STAFF REPORT Council Meeting Date: NOVEMBER 6, 1997 i TO: Mayor and Common Council FROM: City Attorney's Office DATE: November 6, 1997 AGENDA: November 6, 1997 Chapter 3.52 of the San Bernardino Municipal Code contains the City's Uniform Transient Occupancy Tax provisions. It is substantially similar, if not identical in wording to the Transient Occupancy Tax Ordinances of over 400 California Cities and Counties. i Despite the virtual statewide uniformity of municipal law in this area, the Fourth District Court of Appeal has tentatively indicated in a case yet to be ultimately decided by it that it has serious legal reservations with this uniform transient occupancy tax. As a } result of Proposition 218, any general tax which is imposed, extended or increased on or after January 1, 1995 is subject to approval by a majority vote of the electorate. The City has an upcoming general election on February 3, 1998. The City Clerk's office has indicated that pursuant to state law, ballot measures for voter approval at the February 3, 1998 municipal general election must be passed and approved by the Mayor and Common Council today. If the Council does nothing and the Fourth District Court of Appeal ultimately maintains its tentative position and rules the City's transient occupancy tax unconstitutional, the City will no longer be able to collect this source of revenue and should it choose to place a measure before the electorate to reimpose the tax, it will require a special election at an additional cost because the deadline for the February 3, 1998 municipal general election would have passed. Accordingly, it is proposed that the Mayor and Common Council approve said Ordinance and that it be laid over for final adoption, as well as adopt both resolutions placing said Ordinance on the February 3, 1998 municipal general election ballot for approval by a majority of the electorate so that there is potentially no break in the stream of revenue generated by visitors to this City and no additional cost to the City in seeking voter approval for this visitor lodging tax. HTC:ea[TOTORD..SRP] ♦ f ORDINANCE NO. 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 3.52 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADDING CHAPTER 3.54 TO 2 THE SAN BERNARDINO MUNICIPAL CODE RELATING TO TRANSIENT LODGING TAX 3 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO 4 ORDAIN AS FOLLOWS: 5 6 SECTION 1. Chapter 3.52 of the San Bernardino Municipal Code is hereby repealed. SECTION 2. Chapter 3.54 is hereby added to the San Bernardino Municipal Code to read 7 as follows: 8 Chapter 3.54 TRANSIENT LODGING TAX 9 Sections: 10 3.54.010 Definitions. 11 3.54.020 Tax imposed - Rate - Revenue measurer. 12 3.54.030 Collection of tax. 13 3.54.033 Refunds. 14 3.54.035 Exemptions. 15 3.54.040 Reports and remittances. 16 17 3.54.050 Delinquent Payment-Penalty. 18 3.54.060 Failure to collect and report tax - Determination of tax by City Clerk. 3.54.065 Appeal. 19 20 3.54.070 Registration cards, daily summary sheets, and bank accounts. 3.54.075 Operator's duties. 21 3.54.080 Registration. 22 3.54.090 Immediate payment of tax on cessation of business. 23 24 3.54.100 Successor or assignee of business to withhold tax from purchase money - Certificate of no tax due. 25 26 3.54.110 Liability of successor or assignee for tax - Issuance of certificate. 27 3.54.120 Assessments, delinquent payment; liens. 3.54.130 Action to collect. 28 HTC:ea[TOT.Ord] 1 November 6, 1997 AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 3.52 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADDING 1 CHAPTER 3.54 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO TRANSIENT LODGING TAX 2 3.54.140 Violation-Penalty. 3 3.54.150 Retention and Examination of Records. 4 3.54.160 Enjoining Collection Forbidden. 5 3.54.010 Definitions. 6 The words and phrases set out in this section, when used in this chapter, shall, for the 7 purposes of this chapter, have the following respective meanings except where the context clearly indicates a different meaning: 8 A. "Hotel"means any public or private hotel,inn,hostelry,tourist home or house,motel, 9 roominghouse or other lodging place within the city offering lodging, wherein the owner and operator thereof, for compensation, furnishes lodging to any transient as defined in subsection D of 10 this section. 11 B. "Permanent resident" means any person who, as of a given date, has occupied or has had the right to occupy a room or rooms in a particular hotel, as defined in subsection A of this 12 section, for the ninety consecutive days next preceding such date. 13 C. "Room rental" means the total charge made by any such hotel for lodging and/or lodging space furnished any such transient. If the charge made by such hotel to such transient 14 includes any charge for services or accommodations in addition to that of lodging, and/or the use of lodging space, then such portion of the total charge as represents only room and/or lodging space 15 rental shall be distinctly set out and billed to the transient by such hotel as a separate item. 16 D. "Transient" means any person who, for any period of not more than ninety consecutive days, either at his own expense or at the expense of another, obtains lodging or the use 17 of any lodging space in any hotel as defined in subsection A of this section, for which lodging or use of lodging space a charge is made. 18 E. "Operator" means the person who is proprietor of the hotel, whether in the capacity 19 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 20 employee,the managing agent shall also be deemed an operator for the purposes of this Chapter and shall have the same duties and liabilities as his principal. Compliance with the provisions of this 21 Chapter by either the principal or the managing agent shall,however,be considered to be compliance by both. 22 F. "Person" means any individual, firm, partnership,joint venture, association, social 23 club, fraternal organization,joint stock company, corporation, estate, trust, business trust, receiver, 24 trustee, syndicate, or any other group or combination acting as a unit. 3.54.020 Tax imposed - Rate - Revenue measure. 25 A. There is imposed and levied on each and every transient a tax equivalent to ten 26 percent(10%) of the total amount paid for room rental by and for any such transient to any hotel; which tax shall be collected from the transient at the time and in the 27 manner provided in Section 3.54.030. 28 HTC:ea[TOT.Ord] 2 November 6, 1997 AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 3.52 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADDING 1 CHAPTER 3.54 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO TRANSIENT LODGING TAX 2 B. The tax is levied for revenue purposes and is necessary for the usual financial 3 operation of the city and when collected shall be made a part of the general funds of the city. 4 3.54.030 Collection of tax. 5 A. On and after the effective date of the ordinance codified in this chapter, every person 6 receiving any payment for room rental with respect to which a tax is levied under this chapter shall collect the amount of tax imposed from the transient on whom the same 7 is levied or from the person paying for the room rental, at the time payment for the room rental is made. 8 B. The taxes required to be collected under this chapter shall be deemed to be held in 9 trust by the person required to collect the same until remitted as required in Section 3.54.040. 10 3.54.033. Refunds. 11 A. Whenever the amount of tax or penalty has been overpaid or paid more than once or 12 has been erroneously or illegally collected or received by the City under this Chapter, it may be refunded as provided in subsections B and C of this section provided claim 13 in writing therefor, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the City Clerk within three years of the date of 14 payment. The claim shall be on forms furnished by the City Clerk. 15 B. An operator may claim a refund or take as credit against taxes collected and remitted the amount overpaid, paid more than once or erroneously or illegally collected or 16 received when it is established in a manner prescribed by the City Clerk that the person from whom the tax has been collected was not a transient; provided however, 17 that neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the transient or credited to rent subsequently 18 payable by the transient to the operator. 19 C. A transient may obtain a refund of taxes overpaid or paid more than once or erroneously or illegally collected or received by the City by filing a claim in the 20 manner provided in subsection A of this section, but only when the tax was paid by the transient directly to the City Clerk, or when the transient, having paid the tax to 21 the operator, establishes to the satisfaction of the City Clerk that the transient has 22 been unable to obtain a refund from the operator who collected the tax. D. No refund shall be paid under the provisions of this section unless the claimant 23 establishes his right to the refund by written records showing entitlement to the refund. 24 3.54.035. Exemptions. 25 26 A. No tax shall be imposed upon: 1. Any officer or employee of the United States Government or the State of 27 California for lodging obtained by that officer or employee in the discharge 28 of official government business; HTC:ea[TOT.Ord] 3 November 6, 1997 AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 3.52 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADDING 1 CHAPTER 3.54 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO TRANSIENT LODGING TAX 2 2. Any officer or employee of a foreign government who is exempt by reason 3 of express provision of federal law or international treaty. 4 3. Room rental paid to any hospital, medical clinic, convalescent home or home for aged people. 5 B. No exemption shall be granted except upon a claim therefor made at the time rent is 6 collected and under penalty of perjury upon a form prescribed by the City Clerk. 7 3.54.040 Reports and remittances. 8 A. The person collecting any such tax shall prepare a report upon such forms and setting forth such information as the City Clerk may prescribe and require, showing the 9 amount of room rental charges collected, and the tax required to be collected, and shall sign and deliver the same to the City Clerk with a remittance of the tax. i 10 B. The reports and remittances shall be due the twenty-fifth day of each month covering 11 the amount of tax collected during the preceding month. 12 C. Any person operating a hotel regularly throughout the year may, upon written application to, and with the written consent of, the City Clerk, make reports and 13 remittances on a quarterly basis in lieu of the monthly basis provided in subsection B of this section. 14 D. If the remittance is by check or money order, the same shall be payable to the City. 15 16 3.54.050 Delinquent payment-Penalty. A. Delinquency. 17 1. Any operator who fails to remit any tax imposed by this Chapter within the 18 time required and up to a period of thirty days thereafter shall pay a penalty of twenty-five percent of the amount of tax in addition to the amount of the 19 tax. 20 2. Any operator who remits any delinquent remittance between the thirtieth day or on or before the sixtieth day following the date on which the remittance 21 first became delinquent shall pay a delinquency penalty of fifty percent of the amount of the tax in addition to the amount of the tax. 22 3. Any operator who remits any delinquent remittance after the sixtieth day 23 following the date on which the remittance first became delinquent shall pay a delinquency penalty of one hundred percent of the amount of the tax in 24 addition to the amount of the tax, together with interest on the total tax and delinquency penalty at the rate of eighteen percent per annum computed from 25 the sixty-first day of such delinquency until paid. 26 27 28 HTC:ea[TOT.Ordl 4 November 6, 1997 AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 3.52 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADDING 1 CHAPTER 3.54 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO TRANSIENT LODGING TAX 2 B. Fraud. If the City Clerk determines that the nonpayment of any remittance due under 3 this Chapter is due to fraud, a penalty of twenty-five percent of the amount of the tax shall be added thereto in addition to the penalties stated in Subsection A of this 4 section. 5 C. Penalties Merged with Tax. Every penalty imposed under the provisions of this 6 section shall become a part of the tax herein required to be paid. 3.54.060 Failure to collect and report tax - Determination of tax by City Clerk. 7 A. If any operator fails or refuses to collect the tax and to make, within the time 8 provided in this Chapter, any report and remittance of the tax or any portion thereof required by this Chapter the City Clerk shall proceed in such manner as he may deem 9 best to obtain facts and information on which to base the estimate of the tax due. As soon as the City Clerk procures such facts and information as he is able to obtain 10 upon which to base the assessment of any tax imposed by this Chapter and payable by any operator who has failed or refused to collect the same and to make such report 11 and remittance,he shall proceed to determine and assess against such operator the tax and penalties provided for by this Chapter. 12 B. In case such determination is made, the City Clerk shall give a notice of the amount 13 so assessed by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to the operator so assessed at his last known place of 14 address. 15 C. Such operator may within ten days after the serving or mailing of such notice make application in writing to the City Clerk for a hearing on the amount assessed. If 16 application by the operator for a hearing is not made within the time prescribed, the tax and penalties, if any, determined by the City Clerk shall become final and 17 conclusive and immediately due and payable. If such application is made, the City Clerk shall give not less than five days'written notice in the manner prescribed in this 18 section to the operator to show cause at a time and place fixed in said notice why the amount specified therein should not be fixed for such tax and penalties. At such 19 hearing, the operator may appear and offer evidence why such specified tax and penalties should not be so fixed. 20 D. After such hearing, the City Clerk shall determine the proper tax to be remitted and 21 shall thereafter give written notice to the person in the manner prescribed in this section of such determination and the amount of such tax and penalties. The amount 22 determined to be due shall be payable after fifteen days unless an appeal is taken as provided in Section 3.54.065. 23 3.54.065. Appeal. 24 Any operator aggrieved by any decision of the City Clerk with respect to the amount 25 of such tax and penalties, if any, may appeal to the Common Council in accordance with the provisions of Chapter 2.64. Any amount found to be due by the Council shall immediately 26 become due and payable upon the service of notice. 27 3.54.070 Registration cards, daily summary sheets, and bank accounts. 28 A. Registration cards. The operator shall, as each room in a hotel is rented to a HTC:ea[TOT.Ord] 5 November 6, 1997 AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 3.52 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADDING 1 CHAPTER 3.54 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO TRANSIENT LODGING TAX 2 transient, fill out and maintain on file a registration card which contains, at a 3 minimum, the following information: 4 1. The name of at least one (1) person who will occupy, or who is entitled to occupy, the room; 5 2. The total number of people who will occupy or who are entitled to occupy, 6 the room; 7 3. The identification of room by number; 8 4. The date the occupancy commences and the expected date of the departure of the transients; and 9 10 5. The daily rate charged and amount collected as and for rental of the room. Registration cards shall bear consecutive numbers which shall be preprinted on the 11 registration cards by a print shop or manufacturer of the cards. 12 6. Voided cards shall also be kept for audit purposes. 13 B. Daily Summary Sheets. The operator of each hotel within the City shall maintain a daily summary sheet for each day the hotel is open for business containing, at a 14 minimum, the following information: 15 1. The name of at least one(1)person entitled to occupancy of each room which 16 is rented or occupied that day; 17 2. The room number; 18 3. The daily rate and amount paid for the rental of the room; and 19 4. The number of the registration card applicable to the rental of the room. 20 C. Bank Accounts. The operator shall maintain in a banking institution one or more accounts which shall be used exclusively for the deposit of rentals and expenditures 21 relating to the hotel. All receipts from the operation of the hotel shall be deposited in such accounts. Bank statements, deposit slips, canceled checks and other 22 withdrawal forms shall be maintained on file by the operator. 23 3.54.075 Operator's duties. 24 Each operator shall collect the tax imposed by this Chapter to the same extent and at the same time as the rent is collected from every transient. The amount of tax shall be 25 separately stated from the amount of the rent charged, and each transient shall receive a receipt for payment from the operator. No operator of a hotel shall advertise or state in any 26 manner, whether directly or indirectly, that the tax or any part thereof will assumed or absorbed by the operator, or that it will not be added to the rent, or that, if added, any part 27 will be refunded except in the manner provided in Section 3.54.033. 28 HTC:ea[TOT.Ord] 6 November 6, 1997 AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 3.52 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADDING 1 CHAPTER 3.54 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO TRANSIENT LODGING TAX 2 3.54.080 Registration. 3 Within thirty days after the effective dates of the ordinance codified in this Chapter, 4 or within thirty days after commencing business, whichever is later, each operator of any hotel renting occupancy to transients shall register such hotel with the City Clerk and obtain 5 a "Transient Lodging Registration Certificate" to be at all times posted in a conspicuous place on the premises. Said certificate shall, among other things, state the following: 6 A. The name of the operator; 7 B. The address of the hotel; 8 C. The date upon which the certificate was issued; 9 D. This Transient Lodging Registration Certificate signifies that the person 10 named on the face thereof has fulfilled the requirements of the Transient Lodging Tax Ordinance by registering with the City Clerk for the purpose of 11 collecting from transients the Transient Lodging Tax and remitting said tax to the City Clerk. This certificate does not authorize any person to conduct 12 any unlawful business or to conduct any lawful business in an unlawful manner, nor to operate a hotel without strictly complying with all local 13 applicable laws, including but not limited to those requiring a permit from any board, commission, department or office of this City. This certificate 14 does not constitute a permit. 15 3.54.090 Immediate payment of tax on cessation of business. 16 Whenever any person required to collect and pay to the city a tax under this chapter ceases to operate or otherwise dispose of his business, any tax payable under this chapter to the city shall 17 become immediately due and payable and such person shall immediately make a report and pay the tax due. 18 3.54.100 Successor or assignee of business to withhold tax from purchase money - 19 Certificate of no tax due. 20 If any person liable for any amount under this chapter sells out his business or quits the business, his successors or assigns shall withhold sufficient of the purchase price to cover such 21 amount until the former owner produces a receipt from the City Clerk showing that all taxes due from the person quitting, selling or assigning his business have been paid or a certificate stating that 22 no amount is due. 23 3.54.110 Liability of successor or assignee for tax - Issuance of certificate. 24 A. If the purchaser of a business fails to withhold purchase price as required in Section 3.54.100, he shall be personally liable for the payment of the amount requested to be 25 withheld by him to the extent of the purchase price, valued in money. 26 B. Within sixty days after receiving a written request from the purchaser for a certificate, or within sixty days from the date the former owner's records were made 27 available for audit, whichever period expires the later, but in any event not later than ninety days after receiving the request, the City Clerk shall either issue the certificate 28 or mail notice to the purchaser at his address as it appears in the records of the HTC:ea[TOT.Ord] 7 November 6, 1997 AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 3.52 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADDING 1 CHAPTER 3.51 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO TRANSIENT LODGING TAX 2 auditor-controller of the amount that must be paid as a condition of issuing the 3 certificate. 4 3.54.120 Assessments; delinquent payment; liens. 5 A. Whenever delinquent transient lodging tax fees and appropriate penalties cannot be collected after proper notification to the property/business owner, the total 6 uncollected amount including penalties and administrative fees shall become assessments, and the City Clerk or his or her duty authorized representative shall 7 compile a list of such assessments together with parcel number designations and address upon which the assessments are being fixed. 8 B. After notice and hearing, and upon confirmation of the imposition of the liens by 9 resolution of the Mayor and Common Council, the City Clerk shall file a certified copy of the approved resolution with the Auditor of the County of San Bernardino, 10 State of California, directing that all unpaid transient lodging tax fees, and penalties be entered as lien charges against said property as it appears on the current 11 assessment rolls. Liens will be collected at the same time and in the same manner, subject to the same penalties and interest upon delinquencies, as the general taxes for 12 the City of San Bernardino are collected. The City Clerk shall present for recording 13 appropriate notices of the imposition of these liens with the County Recorder. 3.54.130 Actions to collect. 14 A. Any tax required to be paid by any transient under the provisions of this Chapter 15 shall be deemed a debt owed by the transient to the City. Any such tax collected by an operator which has not been paid to the City shall be deemed a debt owed by the 16 operator to the City. Any person owing money to the City under the provisions of this Chapter shall be liable to an action brought in the name of the City for the 17 recovery of such amount. 18 B. Obligation of Operator. Each operator shall be obligated to pay to the City all taxes actually collected, as well as the amount of taxes which were lawfully imposed 19 pursuant to this section, but which, for any reason, were not collected from the transients by the operator. The operator's obligation to pay such taxes to the City 20 shall include the obligation to pay the City all penalties and interest due with respect 21 to such taxes as provided by applicable law including this section. 3.54.140 Violation-Penalty. 22 A. Any person required to make, render, sign or verify any report who makes any 23 fraudulent return, with intent to defeat or evade the determination of an amount required by law is guilty of a misdemeanor punishable as provided in section 24 3.54.140(C). 25 B. Any person who willfully aids or assists in, or procures, counsels, or advises in, the preparation or presentation,in connection with any matter arising under this Chapter, 26 of a return, affidavit, claim, or document that is fraudulent or false as to any material matter, whether or not the falsity or fraud is with the knowledge or consent of the 27 person authorized or required to present the return, affidavit, claim or document, is 28 guilty of a misdemeanor as provided in section 3.54.140(C). HTC:ea[TOT.Ord] 8 November 6, 1997 AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 3.52 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADDING 1 CHAPTER 3.54 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO TRANSIENT LODGING TAX 2 C. A violation of Section 3.54.140(A) or(B) is a misdemeanor. Each offense shall be 3 punished by a fine of less than one thousand dollars ($1,000) and not more than ($5,000), or imprisonment not exceeding one year in the county jail, or both the fine 4 and imprisonment in the discretion of the court. 5 D. Any prosecution for violation of any of the penal provisions of this section shall be instituted within five years after the commissions of the offense, or within two years 6 after the discovery of the violation, whichever is later. 7 3.54.150 Retention and Examination of Records 8 A. Every operator shall keep such records, receipts, invoices, registration cards and other pertinent papers in such form as the City Clerk may require. 9 B. The City Clerk or any person authorized in writing by the City Clerk may examine 10 the books,papers,records,registration cards or other pertinent papers of any operator and may investigate the character of the business of the operator in order to verify the 11 accuracy of the return made, or, if no return has been made by the operator, to ascertain and determine the amount required to be paid. 12 3.54.160 Enjoining Collection Forbidden. 13 A. No injunction or writ of mandate or other legal or equitable process shall issue in any 14 suit, action or proceeding in any court against the City or officer thereof, to prevent 15 or enjoin the collection of taxes sought to be collected pursuant to this Chapter. B. No suit or proceeding shall be maintained in any court for the recovery of any 16 amount alleged to have been erroneously or illegally determined or collected unless a claim for refund or credit has been duly filed pursuant to section 3.54.033. 17 SECTION 3. If any part or provision of this Ordinance is in conflict or inconsistent with 18 applicable provisions of federal or state statutes, or it is otherwise held to be invalid or unenforceable by any court of competent jurisdiction, such part or provision shall be suspended and superseded by 19 such applicable law or regulations,and the remainder of this Ordinance shall not be affected thereby. 20 SECTION 4. This Ordinance shall only take effect if approved by a majority of the voters voting in an election held on or before June 30, 1998. 21 22 23 24 25 26 27 28 HTC:ea[TOT.Ord] 9 November 6, 1997 i AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER 3.52 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADDING 1 CHAPTER 3.54 TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO TRANSIENT LODGING TAX 2 3 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, 4 held on the day of , 1996, by the following vote, to wit: 5 Council Members: AYES NAYS ABSTAIN ABSENT 6 NEGRETE 7 CURLIN 8 ARIAS 9 OBERHELMAN 10 DEVLIN 11 ANDERSON 12 MILLER 13 14 CITY CLERK 15 The foregoing Ordinance is hereby approved this day of , 1996 16 17 18 TOM MINOR, Mayor City of San Bernardino 19 20 Approved as to form and legal content: 21 JAMES F. PENMAN, 22 City Attorney 23 1 24 / 25 By: 26 i 27 28 HTC:ea[TOT.Ordl 10 November 6, 1997