This chapter shall be known as the “uniform transient
occupancy tax ordinance of the City of Roseville.”
(Prior code § 23.38)
For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
means any public or private hotel, inn, hostelry, tourist
home or house, motel, 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 this section.
means the person who is proprietor of the hotel, whether
in the capacity of owner, lessee, sublessee, mortgagee in possession,
licensee, or any other capacity. Where the operator performs functions
through a managing agent, the managing agent shall also be deemed
an operator for the purposes of this chapter and shall have the same
duties and liabilities as the principal. Compliance with the provisions
of this chapter by either the principal or the managing agent shall,
however, be considered compliance by both.
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 section, for the 30 consecutive
days next proceeding such date.
means any individual, firm, partnership, joint venture, association,
social club, fraternal organization, joint stock company, corporation,
estate, trust, business trust, receiver, trustee, syndicate, or any
other group or combination thereof acting as a unit.
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 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 rental shall be distinctly set out and billed
to the transient by such hotel as a separate item.
means the city clerk.
means any person who, for any period of not more than 30
consecutive days, either at his or her own expense or at the expense
of another, obtains lodging or the use 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.
(Prior code § 23.39; Ord. 3257 § 1, 1998)
A.
For
privilege of occupancy in any hotel, each transient is subject to
and shall pay a tax in the amount of 10 percent of the rent charged
by the operator. Said tax constitutes a debt owed by the transient
to the city, which is extinguished only by payment to the operator
or to the city.
B.
The
transient shall pay the tax to the operator of the hotel at the time
the rent is paid. If the rent is paid in installments, a proportionate
share of the tax shall be paid with each installment. The unpaid tax
shall be due upon the transient’s ceasing to occupy space in
the hotel.
C.
If,
for any reason, the tax due is not paid to the operator of the hotel,
the tax administrator may require that such tax be paid directly to
the tax administrator.
(Prior code § 23.40; Ord. 1315 § 1, 1975; Ord.
6504 § 1, 2022)
No tax shall be imposed upon:
A.
Any
person as to whom, or any occupancy as to which, it is beyond the
power of the city to impose the tax herein provided;
B.
Any
federal or state officer or employee when on official business;
C.
Any
officer or employee of a foreign government who is exempt by reason
of express provision of federal law or international treaty.
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No exemption shall be granted except upon a claim therefor made
at the time rent is collected and under penalty of perjury upon a
form prescribed by the tax administrator.
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(Prior code § 23.41)
Each operator shall collect the tax imposed by the ordinance
codified in 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 separately stated from the amount of the rent charged, and each
transient shall receive a receipt when requested for payment from
the operator.
(Prior code § 23.42)
Within 30 days after the effective date of these regulations
or within 30 days after commencing business, whichever is later, each
operator of any hotel renting occupancy to transients shall register
such hotel with the tax administrator and obtain from him a “transient
occupancy registration certificate” to be at all times posted
in a conspicuous place on the premises. Such certificate shall, among
other things, state the following:
A.
The
name of the operator;
B.
The
address of the hotel;
C.
The
date upon which the certificate was issued,
D.
“This
Transient Occupancy Registration Certificate signifies that the person
named on the face hereof has fulfilled the requirements of the Uniform
Transient Occupancy Tax Ordinance by registering with the Tax Administrator
for the purpose of collecting from transients the Transient Occupancy
Tax and remitting said tax to the Tax Administrator. This certificate
does not authorize any person to conduct any unlawful business or
to conduct any lawful business in an unlawful manner, nor to operate
a hotel without strictly complying with all local applicable laws,
including but not limited to those requiring a permit from any board,
commission, department or office of this county. This certificate
does not constitute a permit.”
(Prior code § 23.43)
Each operator shall, on or before the last day of the month
following the close of each calendar quarter, or at the close of any
shorter reporting period which may be established by the tax administrator,
make a return to the tax administrator, on forms provided by him,
of the total rents charged and received and the amount of tax collected
for transient occupancies. At the time the return is filed, the full
amount of the tax collected shall be remitted to the tax administrator.
The tax administrator may establish shorter 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. Returns and payments are due immediately upon cessation of
business for any reason. All taxes collected by operators pursuant
to this chapter shall be held in trust for the account of the city
until payment thereof is made to the tax administrator.
(Prior code § 23.44)
A.
Original
Delinquency. Any operator who fails to remit any tax imposed by this
chapter within the time required shall pay a penalty of ten percent
of the amount of the tax in addition to the amount of tax.
B.
Continued
Delinquency. Any operator who fails to remit any delinquent remittance
on or before a period of thirty days following the date on which the
remittance first became delinquent shall pay a second delinquency
penalty of 10 percent of the amount of the tax in addition to the
amount of the tax and the ten percent penalty first imposed.
D.
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-half of one percent per month or fraction thereof on the amount
of the tax, exclusive of penalties, from the date on which the remittance
first became delinquent until paid.
E.
Penalties
Merged with Tax. Every penalty imposed and such interest as accrues
under the provisions of this section shall become a part of the tax
herein required to be paid.
(Prior code § 23.45)
If any operator shall fail or refuse to collect such tax and to make, within the time provided in this chapter, any report and remittance of such tax or any portion thereof required by this chapter, the tax administrator shall proceed in such manner as he may deem best to obtain facts and information on which to base his or her estimate of the tax due. As soon as the tax administrator shall procure such facts and information as he is able to obtain 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 and remittance, he shall proceed to determine and assess against such operator the tax, interest and penalties provided for by this chapter. In case such determination is made, the tax administrator shall give a notice of the amount 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 or her last-known place of address. Such operator may within 10 days after the serving or mailing of such notice make application in writing to the tax administrator for a hearing on the amount assessed. If application by the operator for a hearing is not made within the time prescribed, the tax, interest and penalties, if any, determined by the tax administrator shall become final and conclusive and immediately due and payable. If such application is made, the tax administrator shall give not less than five days’ written notice in the manner prescribed herein to the operator to show cause at a time and place fixed in such notice why such amount specified therein should not be fixed for such tax, interest and penalties. At such hearing, the operator may appear and offer evidence why such specified tax, interest and penalties should not be so fixed. After such hearing the tax administrator shall determine the proper tax to be remitted and shall thereafter give written notice to the person in the manner prescribed herein of such determination and the amount of such tax, interest and penalties. The amount determined to be due shall be payable after 15 days unless an appeal is taken as provided in Section 4.24.100.
(Prior code § 23.46)
Any operator aggrieved by any decision of the tax administrator
with respect to the amount of such tax, interest and penalties, if
any, may appeal to the city council by filing a notice of appeal with
the city clerk within 15 days of the serving or mailing of the determination
of tax due. The city council shall fix a time and place for hearing
such appeal and the city clerk shall give notice in writing to such
operator at his or her last known place of address. The findings of
the city council shall be final and conclusive and shall be served
upon the appellant in the manner prescribed above for service of notice
of hearing. Any amount found to be due shall be immediately due and
payable upon the service of notice.
(Prior code § 23.47)
A.
Every
operator shall keep such records, receipts, invoices, registration
cards and other pertinent papers in such form as the city clerk may
require.
B.
Upon
the presentation of a subpoena or administrative warrant, the city
clerk or any person authorized in writing by the city clerk may examine
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 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.
(Prior code § 23.48; Ord. 3257 § 1, 1998)
A.
Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once or has been erroneously or illegally collected or received by the city under the ordinance codified in this chapter, it may be refunded as provided in subsections B and C of this section; provided, a claim in writing therefor, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the tax administrator within three years of the date of payment. The claim shall be on forms furnished by the tax administrator.
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 received when it is established in a manner prescribed
by the tax administrator that the person from whom the tax has been
collected was not a transient; provided, however, 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
payable by the transient to the operator.
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 manner provided in subsection A of this section, but only when the tax was paid by the transient directly to the tax administrator, or when the transient, having paid the tax to the operator, establishes to the satisfaction of the tax administrator that the transient has 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
establishes his or her right thereto by written records showing entitlement
thereto.
(Prior code § 23.49)
Any tax required to be paid by any transient under the provisions
of the ordinance codified in this chapter 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 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 recovery of such amount.
(Prior code § 23.50)
Any person violating any of the provisions of this chapter shall
be guilty of a misdemeanor and shall be punishable therefor by a fine
of not more than $500.00 or by imprisonment in the city jail for a
period of not more than six months, or by both such fine and imprisonment.
Any operator or other person who fails or refuses to register
as required herein, or to furnish any return required to be made,
or who fails or refuses to furnish a supplemental return or other
data required by the tax administrator, or who renders a false or
fraudulent return or claim, is guilty of a misdemeanor, and is punishable
as aforesaid. Any person required to make, render, sign or verify
any report or claim who makes any false or fraudulent report or claim
with intent to defeat or evade the determination of any amount due
required by this article to be made, is guilty of a misdemeanor and
is punishable as aforesaid.
(Prior code § 23.51)
