For the privilege of occupancy in any hotel, each transient
is subject to and shall pay a tax in the amount of fifteen and one
half percent (15.5%) 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. 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. If for
any reason the tax due is not paid to the operator of the hotel, the
Tax Administrator may require that such tax shall be paid directly
to the Tax Administrator.
(Ord. 2317 5-1-73; Ord. 2306 6-13-78; Ord. 2451 9-13-83; Ord. 87-10 6-23-87; Ord. 98-09 4-28-98; Ord. 21-16 11-4-21)
No tax shall be imposed upon:
(1) 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;
(2) Any Federal
or State of California officer or employee when on official business;
(3) Any officer
or employee of a foreign government who is exempt by reason of express
provision of Federal law or international treaty.
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. Copies of said exemption forms documenting amounts of room rentals claimed as exempt shall be submitted with each tax return when filed with the Tax Administrator. Original exemption forms shall be maintained by each operator in accordance with the provisions of Section 9-64 of this Code.
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(Ord. 91-15 7-2-91)
Each operator shall collect the tax imposed by this Article
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 for payment from the operator. 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.
Within 30 days after commencing business, each operator of any
hotel renting occupancy to transients shall register said 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. Said certificate shall, among other things, state the following:
(1) The name
of the operator;
(2) The address
of the hotel;
(3) The date
upon which the certificate was issued;
(4) This
Transient Occupancy Registration Certificate signified that the person
named on the face hereof has fulfilled the requirements of this Article
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 City. This certificate does not constitute a permit.
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 Article shall be held in trust for the account of the City
until payment thereof is made to the Tax Administrator.
If any operator shall fail or refuse to collect said tax and
to timely make any report and remittance of said tax or any portion
thereof required by this Article, the Tax Administrator shall proceed
in such manner as he may 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 Article and payable by any operator who has failed or refused
to collect the same 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 Article. 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 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
said notice why said 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 herein.
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 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 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 last known place of address. The findings of the 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.
It shall be the duty of every operator liable for the collection
and payment to the city of any tax imposed by this Article to keep
and preserve, for a period of three years, all records as may be necessary
to determine the amount of such tax as he may have been liable for
the collection of and payment to the City, which records the Tax Administrator
shall have the right to inspect at all reasonable times.
Any tax required to be paid by any transient under the provisions
of article 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 Article
shall be liable to an action brought in the name of the City of Inglewood
for the recovery of such amount.
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 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 provided in Section
1-18 of this Code. 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.
(Ord. 1793 9-14-64; Ord. 2071 7-30-71; Ord. 91-15 7-2-91)