There is hereby imposed a tax of ten percent of the rent for
every occupancy of parking space in a parking station in the City.
The tax imposed by this Article shall be paid upon any occupancy
on and after the operative date, although such occupancy is had pursuant
to contract, lease, or other arrangement made prior to such date.
(Ord. 88-16 7-12-88; Ord. 98-08 4-28-98)
Every occupant occupying parking space in a parking station
in this City shall be liable for the tax imposed herein. This liability
shall not be extinguished until the tax has been paid to the City,
except that a receipt from an operator maintaining a place of business
in this City or from an operator who is authorized by the Finance
Director, under such rules and regulations as he or she may prescribe,
to collect the tax and who is for the purposes of this Article regarded
as an operator maintaining a place of business in this City, which
receipt is given to the occupant pursuant to the provisions of this
Article shall be sufficient to relieve the occupant from further liability
for the tax to which the receipt refers.
(Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
Every operator maintaining a place of business in this City
and renting parking space in a parking station in this City shall
at the time of collecting the rent from the occupant and on demand
give to the occupant a receipt therefor. In all cases in which the
tax is not collected by the operator, as aforesaid, the person upon
whom such tax is imposed shall pay the same when due to the Finance
Director of the City. In all cases of transactions upon credit or
deferred payment, the payment of tax to the operator may be deferred
in accordance therewith, and the operator shall be liable therefor
at the time and to the extent that such credits are paid or deferred
payments are made in accordance with the rate of tax owing on the
amount thereof.
The Finance Director shall have the power to adopt rules and
regulations prescribing methods and schedules for the collection and
payment of the tax and such methods and schedules shall provide that
the fractional part of five one-hundredths of a dollar ($.05) shall
be disregarded unless it amounts to two and one-half one-hundredths
of a dollar ($.02½) or more, in which case the amount (determined
without regard to the fractional part of five one-hundredths of a
dollar ($0.05)) shall be increased by five one-hundredths of a dollar
($.05).
(Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
Every person engaging in or about to engage in business as an
operator of a parking station in this City shall immediately register
with the Finance Director on a form provided by said Finance Director.
Persons engaged in such business must so register not later than fifteen
days after the operative date of this tax, but such privilege of such
registration after the said operative date of such tax shall not relieve
any person from the obligation of payment or collection of tax on
and after the said operative date, regardless of registration. Such
registration shall set forth the name under which such person transacts
or intends to transact business, the location of his place or places
of business and such other information to facilitate the collection
of the tax as the Finance Director may require. The registration shall
be signed by the owner if a natural person; in case of an association
or partnership, by a member or partner; in the case of a corporation,
by an executive officer or some person specifically authorized by
the corporation to sign the registration. The Finance Director shall
within thirty days after such registration issue without charge a
certificate of authority to each registrant to collect the tax from
the occupant, together with a duplicate thereof for each additional
place of business of such registrant. Each certificate and duplicate
shall state the place of business to which it is applicable and shall
be prominently displayed therein so as to be seen and come to the
notice readily of all occupants and persons seeking occupancy. Such
certificates shall be nonassignable and nontransferable and shall
be surrendered immediately to the Finance Director upon the cessation
of business at the location named or upon its sale or transfer.
If the Finance Director deems it necessary in order to facilitate
initial registration hereunder of persons engaged in business on or
prior to the date of imposition of the tax as set forth in this Article,
he may prescribe provisions therefor other than those provided in
this Section. Such provisions shall be made to effect the purpose
hereof. For such purposes, such provisions shall be made to effect
the purpose hereof. For such purposes, such provisions shall be in
lieu of those herein provided. Such registration and the certificate
thereof shall have the same effect as that provided herein.
(Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
Every operator renting parking space in this City shall keep
such records, receipts, invoices and other pertinent papers in such
form as the Finance Director may require.
(Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
The Finance Director or any person authorized in writing by
him may examine the books, papers, records and equipment of any person
renting parking space and any person liable for the tax and may investigate
the character of the business of the person in order to verify the
accuracy of any return made, or, if no return is made by the person,
to ascertain and determine the amount required to be paid.
(Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
In administration of the tax, the Finance Director may require
the filing of reports by any person or class of persons having in
his or their session or custody information relating to rentals of
parking spaces which are subject to the tax. The reports shall be
filed when the Finance Director requires and shall set forth the rental
charged for each occupancy, date or dates of occupancy, and such other
information as the Finance Director may require.
(Ord. 03-19 10-14-03; 07-08 4-25-07)
Said report, and taxes calculated thereby to be due to the City,
shall be due and payable, and delivered to the Finance Director of
the City not later than the twentieth day of each calendar month following
the month which said taxes were collected.
(Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
For good cause, the Finance Director may extend for not to exceed
one month the time for making any return or payment of tax. Any person
to whom an extension is granted, who makes return and pays the tax
within the period of such extension shall pay, in addition to the
tax, interest on the amount thereof at the rate of one-half of one
per cent per month, or fraction thereof for the period of such extension
to the time of return and payment.
(Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
If the Finance Director is not satisfied with the return or
returns of tax or the amount of the tax required to be paid to the
City by any person, he may compute and determine the amount required
to be paid on the basis of the facts contained in the return or returns
or upon the basis of any information within his possession or that
may come into his possession. One or more deficiency determinations
may be made of the amount due for one or for more than one period.
(Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
The amount of the determination, exclusive of penalties, shall bear interest at the rate of one-half of one percent per month, or fraction thereof, from and after the last day required for payment pursuant to Section
9-26.
In making a determination, the Finance Director may offset overpayments for a period or periods together with interest on the overpayments, against underpayments for another period or periods, against penalties, and against the interest on the underpayments. The interest on underpayments and overpayments shall be computed in the manner set forth in Section
9-29.
(Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
All determinations of the Finance Director made hereunder are
due and payable at the time they become final. If they are not paid
when due and payable, a penalty of ten percent of the amount of the
determination, exclusive of interest and penalties, shall be added
thereto.
(Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
Any notice relating to redetermination proceedings shall be
served personally or by mail in the manner prescribed for service
of notice of a deficiency determination.
Any person who fails to pay any tax to the City or any amount
of tax required to be collected and paid to the City, except amounts
of determinations made by the Finance Director pursuant hereto, within
the time required, shall pay a penalty of ten percent penalty of the
tax or amount of the tax, in addition to the tax or amount of tax
plus interest at the rate of one-half of one percent per month, or
fraction thereof, from the date on which the tax or the amount of
tax required to be collected became due and payable to the City until
the date of payment.
(Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
(1) Estimate
of Gross Receipts. Computation of Tax Penalty. If any person fails
to make a return, the Finance Director shall make an estimate of the
amount of the gross receipts of the person, or as the case may be,
of the amount of the total rentals in this City which are subject
to the tax. The estimate shall be made for the period or periods in
respect to which the person failed to make a return and shall be based
upon any information which is in the Finance Director's possession
or may come into his possession. Upon the basis of this estimate the
Finance Director shall compute and determine the amount required to
be paid to the City, adding to the sum thus arrived at a penalty equal
to ten percent thereof. One or more determinations may be made for
one or for more than one period.
(2) Manner
of Computation. Offsets. Interest. In making a determination the Finance
Director may offset overpayments for a period or periods, together
with interest on the overpayments, against underpayments for another
period or periods, against penalties, and against the interest on
the underpayments. The interest on underpayments and overpayments
shall be computed in the manner set forth in this Article.
(Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
The amount of the determinations, exclusive of penalties, pursuant to a determination under Section
9-34, shall bear interest at the rate of one-half of one percent per month, or fraction thereof, from the last day of the month following the close of the period designated in Section
9-26 for payment.
Any person dissatisfied with a determination of the Finance
Director relative to any provision of this Article, may appeal such
determination in the form and manner provided for appeal to the Committee
on Permits and Licenses pursuant to Chapter 8 of this Code.
(Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
Any operator or other person who fails or refuses to register
as herein required, 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 Finance Director, or who renders a false or fraudulent
return, is guilty of a misdemeanor. Any person required to make, render,
sign or verify any report who makes any false or fraudulent report,
with intent to defeat or evade the determinations of an amount due
required by this Article to be made, is guilty of a misdemeanor.
(Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
The amount of any tax or penalty imposed by this Article shall
be deemed a debt due to the City by the person required hereby to
collect the same.
All taxes and penalties received pursuant to the provisions
of this Article shall be deposited by the Treasurer in the General
Fund, unless the City Council, by resolution, directs otherwise.
The purpose of this tax is to assist with the expected debt
service cost for the new Inglewood Main Library. Effective July 1,
1973, the proceeds of this tax will be credited to the capital reserve
account of the City.
(Ord. 2095 3-3-72)