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HomeMy WebLinkAboutS3- City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: James F. Penman Subject: Ordinance Amending Section 3.54.150 Dept: CITY ATTORNEY Relating to Transient Lodging Tar Date: July 2, 1998 0 O p V�/7 Synopsis of Previous Council action: MC-1006 - November 17, 1997 Recommended motion: That said ordinance be laid over for final adoption. n ignature Contact person: Robert L. Simmons Phone: 5056 Supporting data attached: Ward: All FUNDING REQUIREMENTS: Amount: Source: Finance: Council Notes: 7`-0262- Aeenda Item No. 5�.3 STAFF REPORT Council Meeting Date: _ July 6, 1998 TO: Mayor and Common Council FROM: James F. Penman, City Attorney DATE: July 2, 1998 AGENDA ITEM: Transient Lodging Tax When Chapter 3.54 was adopted,, no provision for a subpoena duces tecum was included. One of the legal arguments being made by the plaintiff is that the current section 3.54.150 is illegal because it does not require an administrative warrant or a subpoena duces tecum prior to production of tax records. While we do not concede that a warrant or subpoena duces tecum is required, amending the code to allow the City Clerk to issue a subpoena duces tecum to the taxpayer is the safest course of action. Provision is made in the amendment to ask the taxpayer to comply voluntarily before a subpoena duces tecum is issued. ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIO` 1 3.54.150 OF THE SAN BERiNARDINO MUNICIPAL. CODE RELATING TO TRAiNSIEN7 LODGING TAX. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DC 3 ORDAIN AS FOLLOWS: 4 SECTION 1. Section 3.54.150 of the San Bernardino Municipal Code is hereby amende, 5 in full as set forth below: 6 3.54.150 Operator to retain records for three years. 7 "A. It shall be the duty of every operator liable for the collection and 8 payment to the city of any tar imposed by the provisions of this chapter to keep and preserve, for a period of three years after the date 9 any such tax is due and payable, all records as may be necessary to determine the amount of such tar as he or she may have been liable 10 for the collection of and payment to the city. Except as provided below, the tar administrator shall have the right to inspect such 11 records at all reasonable times during regular business hours. 12 "B. The City Clerk shall, whenever practicable, contact the operator prior to inspection and inform the operator of the reasons for the 13 inspection. 14 "C. Where required by state or federal law, a subpoena shall be obtained prior to an inspection conducted pursuant to this article, unless 15 written consent to conduct such inspection is granted by the operator. 16 D. If the inspection is interfered with by the operator or a third party, the tax administrator shall have recourse to every remedy provided by 17 law to perform the inspection authorized by this article." 18 SECTION 2. Except as provided in this Ordinance, the remaining portions of Chapter 3.5- 19 shall remain in full force and effect. 20 21 23 24 25 26 27 28 RLS,js [TAX.ORD] a ' AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 3.54.150 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO TRANSIENT LODGING TAX. 1 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 1998, by the following vote, to wit: 5 6 Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA 7 LIEN 8 ARIAS 9 10 SCHNETZ DEVLN I1 ANDERSON 12 MILLER 13 id 15 CITY CLERK 16 The foregoing Ordinance is hereby approved this day of . 1998 1? 18 JUDI H VAL V ayor 19 City of San Bernardino 20 Approved as to form 21 and legal content: 22 JAMES F. PENMAN, City Attorney 24 1 25 26 ,7 78 RLS;)s ITAX.ORD]