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HomeMy WebLinkAbout1985-01-22; City Council; 1275; CMC 3.12 adds/amends - Revise TOT collection procedures1 "3.12.050 Operator's duties. Each operator shall collect the tax imposed by this chapter to the same extent and a the same time as the rent is collected from every transient. If the operator collects the rent but fails to collect the tax imposed by this chapter for any reason, the City shall require the operator to pay such tax. The amount of tax shall be separately stated from the amount of the rent charged and each transient shall receive a receipt for payment from the operator. A duplicate of this receipt shall be kept by the operator in accordance with Section 3.12.710. No operator of a hotel shall advertise or state in any manner, whether directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to the rent, or that, if added, any part will be refunded except in the manner hereinafter provided. Each operator shall account monthly, for taxable rents and for taxes collected. Each operator shall notify the tax administrator within ten days upon the cessation of business for any reason and shall make his books and records available for audit." 2 3 4 5 E E 1: 1: 0 1 1 2 2 2 2 22 2 2 2 2 e ORDINANCE NO. 1275 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 3 , CHAPTER 3.12 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT AND ADDITION OF VARIOUS SECTIONS TO REVISE THE PROCEDURES FOR COLLECTION OF THE CITY'S TRANSIENT OCCUPANCY TAX. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Title 3, Chapter 3.12, Section 3.12.020 of the Carlsbad Municipal Code is amended by the amendment of subsection (6) to read as follows: 'I (6) "Tax administrator" means the City Finance Director . 'I SECTION 2: That Title 3, Chapter 3.12, is amended by the amendment of Section 3.12.050 to read as follows: SECTION 3: That Title 3, Chapter 3.12 is amended by the amendment of Section 3.12.070 of the Carlsbad Municipal Code to read as follows: "3.12.070 Remitting and reporting. (a) All operators shall remit monthly the full amount of taxes collected on the appropriate return form provided by 1 2 3 4 5 6 7 & s 1c 11 the tax administrator and a return shall be filed quarterly. (b) Returns filed quarterly and taxes remitted monthly and actually received by the tax administrator on or before the last day of the following month shall be deemed timely filed and remitted; otherwise, the taxes are delinquent and subject to the penalties imposed by Section 3.12.080. (c) Each operator reporting on a calendar quarter basis shall, on or before the last day of the month following the close of each calendar quarter, make a return to the tax administrator on forms provided, of the total taxable rents charged and the amount of tax collected for the quarter, remittances made for each of the first two months of the calendar quarter, and the balance of the tax due. At the time the return is filed, the full amount of the balance of the tax due shall be remitted to the tax administrator. reporting periods for any certificate holder if he deems it necessary in order to insure collection of the tax and he may require further information in the return. (e) Any operator required to report on other than a calendar quarter basis shall, on or before the same day of the next month following the close of such reporting period, or on the last day of the next month if no corresponding day exists, make a return to the tax administrator on forms provided, or the total taxable rents charged and the amount of tax collected for the quarter, remittances made during the approved reporting period, and the balance of the tax due. At the time the return in filed, the full amount of the balance of the tax due shall be remitted to the tax administrator. reason, shall, on or before the same day of the next month following the cessatrion of business or on the last day of the month if no corresponding day exists, make a return to the tax administrator on forms provided of the total taxable rents charged, the amount of tax collected for the reporting period, remittances made, if any, and the balance of the tax due. At the time the return is filed the full amount of the balance of the tax due, if any, shall be remitted to the tax administrator. Returns filed and taxes remitted and actually received by the tax administrator on or before the same day of the next month following the cessation of business, or on the last day of the next month if no corresponding day exists, shall be deemed timely filed and remitted; otherwise, the taxes are delinquent and subject to the penalties imposed by Section 3.12.080. (9) All taxes collected by operator pursuant to this Chapter shall be held in trust for the account of the City until payment thereof is made to the tax administrator . " (d) The tax administrator may establish shorter (f) Each operator, upon cessation of business for any SECTION 4: That Title 3, Chapter 3.12 is amended by the addition of Section 3.12.072 and 3.12.074 of the Carlsbad Municipal Code to read as follows: 2. G 1 2 3 4 5 6 7 E s IC 11 12 0 1t 1< 2( 2: 2: 2: 21 2f 2t 2' 21 0 "3.12.072 Duty of successor of operator. If an operator who is liable for any tax or penalties under this chapter sells or otherwise disposes of his business, his successor shall notify the tax administrator of the date of sale and withhold a sufficient portion of the purchase price to equal the amount of such tax or penalty until the sellincj operator produces a receipt from the tax administrator showing that the tax or penalty has been paid or a tax clearance certificate from the tax administrator stating that no tax or penalty is due. If the seller does not present a receipt or tax clearance certificate within thirty days after such successor commences to conduct business, the successor shall deposit the withheld amounl with the tax administrator pending settlement of the account of the seller." "3.12.074 Liability of successor for failure to withhold: Notice of amount due. If the successor to the business fails to withhold a portion of the purchase price as required, he shall be liable for the payment of the amount required to be withheld. Within thirty days after receiving a written request from the successor for a tax clearance certificate, stating that no tax or penalty is due, the tax administrator shall either issue the certificate or mail notice to the successor at his address as it appears on the records of the tax administrator of the estimated amount of the tax and penalty that must be paid as a condition of issuing the certificate." SECTION 5: That Title 3, Chapter 3.12 of the Carlsbad Municipal Code is amended by the amendment of section 3.12.080 b! renumbering subsections (c) through (e) respectively to (d) through (f) respectively and by adding a new subsection (c) and revising newly renumbered section (e) regarding interest to read as follows: "(c) Audit deficiency. If, upon audit by the City, an operator is found to be deficient in his return or his remittance, or both, the tax administrator shall immediately invoice the operator for the amount of the net deficiency plus a penalty of ten percent of the net deficiency. If the operator fails or refuses to pay the deficient amount and applicable penalties within fourteen days of the date of the invoice, an additional penalty shall be imposed at the rate of one percent per day of the net deficiency, not be exceed ten percent." "(e) Interest. In addition to the penalties imposed, any operator who fails to remit any tax imposed by this chapter shall pay interest at the rate of one and one-half percent per month or fraction thereof on the amount of the tax, exclusive of 1 penalties, from the date on which the remittance first became 1 delinquent until paid." 1 2 3 4 5 E 7 E s l( 1: 1: t 0 I( I' 21 2 2 2 2 2 2 2 2 SECTION 6: That Title 3, Chapter 3.12 of the Carlsbad Municipal Code is amended by the amendment of sections 3.12.130 and 3.12.140 to read as follows: "3.12.130 Actions to collect, Any tax required to be paid by any transient under the provisions of this chapter shall be deemed a debt owed by the transient to the City and payable through the operator. Any such tax, collected by an operator, which has not been paid to the City, shall be deemed funds held in trust €or the account of the City which are due and payable by the operator to the City pursuant to the provisions of this chapter. Any person owing money to the City under the provisions of the chapter shall be liable to an action brought in the name of the City of Carlsbad for the recovery of such amount plus attorney's fees and costs." "3.12.140 Violations. Any operator who fails to remit any tax collected pursuant to this chapter shall be subject to prosecution under Section 424 of the Penal Code of the State of California. Any person violating any of the other provisions of this chapter shall e guilty of a misdemeanor and shall be punishable as provided in section 1.08.010." EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adopt ion. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 15th day of January I 198 5, and thereafter /// /// /// /// /// /// /// 4. PASSED AND ADOPTED at a regular meeting of said City Council held on the 22nd day of Januq , 1985 by the following vote, to wit: AYES : Council IWbers Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None t Ld. &iL?/&u MARY H.C/ CASLER, Mayor ATTEST: a.&.XLL 04 @ai&* ALETHA L. RAUTENKRANZ, City Cl$rk 5.