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HomeMy WebLinkAbout2021-03-16; City Council; Resolution 2021-057RESOLUTION NO. 2021-057 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE TRANSIENT OCCUPANCY REVIEW REPORT AND ESTABLISHING INVOICING AND INTEREST ASSESSMENT DATES UNDER CARLSBAD MUNICIPAL CODE SECTIONS 3.12.080(C) AND 3.12.080(E) WHEREAS, Carlsbad Municipal Code Chapter 3.12—Transient Occupancy Tax generally requires hotel operators to collect a 10% tax on non-exempt transient occupancies, remit the tax to the city each month, and file a transient occupancy tax return each quarter; and WHEREAS, the City Council included a transient occupancy tax review in its 2020-2021 internal audit plan; and WHEREAS, as a result of the transient occupancy tax review, some hotel operators were found to be deficient in their returns or remittances or both; and WHEREAS, when a deficiency is determined following an audit, Carlsbad Municipal Code Section 3.12.080(C) requires the tax administrator to immediately invoice hotel operators for the net deficiency plus a penalty of 10% of the net deficiency and, if the hotel operators do not pay the deficient amount and penalties within 14 days of the invoice date, the hotel operators are subject to an additional penalty of 1% of the net deficiency per day, not to exceed 10%; and WHEREAS, Carlsbad Municipal Code Section 3.12.080(E) requires that, in addition to the imposed penalties, hotel operators who fail to remit taxes must pay interest at the rate of one and one- half percent per month, or fraction of a month, on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid; and WHEREAS, to prevent hotel operators from being subject to undue penalties and interest pending the City Council's receipt and approval of the transient occupancy tax review report, the City Council desires the tax administrator to invoice hotel operators for any net audit deficiencies and penalties under Carlsbad Municipal Code Section 3.12.080(C) as of the date the City Council's approves the transient occupancy review report and to assess interest under Carlsbad Municipal Code Section 3.12.080(E) as of the completion date of each hotel operator's transient occupancy tax review. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.The above recitations are true and correct. 2.The transient occupancy review report is approved. March 16, 2021 Item #7 Page 3 of 31 3.The tax administrator is directed to invoice hotel operators for any net audit deficiencies and penalties under Carlsbad Municipal Code Section 3.12.080(C) as of the date of this resolution and to assess interest under Carlsbad Municipal Code Section 3.12.080(E) as of the completion date of each hotel operator's transient occupancy tax review. 4.Hotel operators who do not pay the invoices and interest assessments within the time periods specified in Carlsbad Municipal Code Chapter 3.12 will be subject to any additional penalties, interest, and remedies provided for in the chapter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 16th day of March, 2021, by the following vote, to wit: AYES: Hall, Blackburn, Acosta, Bhat-Patel, Schumacher. NAYS: None. ABSENT: None. MATT HALL, Mayor Pr\Acy-v-\ BARBARA ENGLESON, City Clerk (SEAL) March 16, 2021 Item #7 Page 4 of 31