HomeMy WebLinkAboutORD NO 1286....... EMERGENCY 0RDIN_._]~_-~_U0E 'N0..1_.286 .. NEW SERIES
":~ .-----.--" AN EMERGENCY ORDINANCE AMENDING SECTIONS 1, 3, -.-._..
.... ~J~¥] [~ AND ~-OF'~.0RDI.~b~NCE NO. 1200, N~'~ SERIES ".
OF-TEE 0'ITY OF-BAKERSFIELD.
~tE~REAS, an emergency e'..~i'sts, making it lnecessary to provide
for the daily operation of 'a muaicipal department, '.-
.... NOW, TEERB~0RE, BE IT OR,~AINED by the Council of the City of
Bake~sfie!'d, .~s follows:
.... SECTION 1.
That ,,
~ection 1 of Or~i;.~auce.No. 1200, New Series of the City
of BakerB2i'eld-be and the same i~ hereby amended to read as follows:
SeCtion 1. D~-,'I~?ITiONS. The following words and phras®"S,
v~en-_used' in this ordinance, sh~.ll, for the purposes of this ordinance,
hav.e' ~he following respective meanings except where the Context'
clearly iindicates a different moaning:
....... (a) ~; A~y person who, for any period of not. more
~han .thirty .(.-~0) conse'cutivs days, either at his cE expense or at
the ex~.nse o:2 another., obts. i~s lodging or the use of any lodging space
in. any hotel as hereinafter 5eftned, for which-lodging or use
lodging space a ch~ge is made.
(b) ~~, Any i'n~ividual, corporation, company, associa-
tion, fi~, copartnership, cz' ,zny group of individuals acting as a
unit.
" (e'~ .Hotel. Any ~ublic or private hotel, i~, hostelry,
tourist home. or house, motel, ?coming house or other lo~ing place
within the City of Bakersfield offering lodging, wherein the
" _-s. nd .0~°~r.. ~hereof,. for. componsati0n, f~n~s~es lodging to any ....-....
t~ansient as horeiuabove defined.
(d) Room Rental. The total charge made by any such hotel
for lodging aud./or lodging s~ace furnished any such transient. If.
the charge made by such hotel to such transient includes any charge
for services or accom~odations iu addition to that of lodging, and/or
_~he use of lodging space, their, such portion of the total charge as
represents only room and/or lodging space rental shall be distinctly
set out and billed'to such transient by such hotel as a separa~ item.
(e) Ta.x C. olle~ctor: The Tax Collector of the City of Bakers-
field.
(f) ~.ermar~en~t E_e~ide~.t. Any person who, as-of a given date,
has occupied or has had' the right to occupy a room or rooms iua
--'~articular hotel, as herein defined, for the thirty consecutive days
next preceding such date.
S~CTION 2.
That Section ~ of 0rdin~on. ce. No. 1200, New Series of the City
of Bakersfield b~ and the s~-~e ic hereby amended-to read as follows:
Secticn 3. COLLECTiOM. On and after the effective date of
this ordinance, as amended, every person receiving any payment for
roor~ rental with respect to w.hlct~_ a tax is. levied under this ordinance
.shall collect the amount of tcx hereby imposed from the transient on
· whom the same is levied or from the person paying for such room rental.~
aS the time 'payment for. such .room rental be made. Where the tax has
been collected for ~oom rent~~l '~'or thirty days or less and the occupant
'subsequently completes thirb'~-on~ consecutive days of occupancy, the
person whose duty it is to collect said tax may return such tax to
the occupant or person obligated to pay such tax. If said person
whose duty it is.to collect s~.i8 tax has paid such tax over to the City,
he may, within one year f~o~' the ~ate of the pa~naent to the Tax
Collects. r, and p~.movided he ha~ ~.?¢turned such tax to the occupant or
person obligated to pay such ts..::, either take credit for the tax so
'paid on any subsequent returo.a filed by him or file a claim for refund
of such tax,.' ..Such claim ~..~.~y bc paid to such person by the Tax Collector.
The taxes required to be __collected hereunder shall be deemed So,be..'.'".
held in trust by the pe~-son required to collect the same until
re~t-t~d, as 'hereinafter requi?'.ed, - '
-.. S~CTION 3 ....
Tb~t Section 4 of Ordi_us. nce No. 1200, New' Series of the ..City
of B~akersfield be and .the ss.m,o is hereby amended to read as fol!owa~-
Section 4..j~EPO,W. TS.. The person collecting any such taX:~
sha~l prepare._ a report upon such forms and setting forth such...-.__ informa-.
tion as t_he .Ts.x' Collector ms.y prescribe and require, show~ the amount
Of room rental charges col]~ctcc, .and the tax required to be collected,
and shall sign and deliver thc sa'me to the Tax Collector with
-~' shall be .......
~._mit~ance of said tax. Said reports and remittanceS/a~w due the.-'f~?st
day of each mooth coveriDs t}:,~ ~ount of tax collected du._ring the
preceding ment~, the 'first report and remittance hereunder being due ....
on the first day of May, ~ '
]_:3o0, soverzng the amount of tax collected
during 'the month' of April, 1960. Any person operating a hotel-'r'~gularly
throughout the year may, upon written application to, and with 'the
~.r~-itten consent, of, the Tar~,~ ~o~!e ~ ~ ~or, make reports and remittances
on .a 'quaz, terly basis in lieu of the monthly basis hereinbefore provided;
Such quarterly reports and. remittances shall be due on the first days
of January, April, July and October iD. each year,, and. shall cover the
amounts collected during thc t?~.?.~o months i~ediately preceding the
months in which reports a~',¢] ~'~?_itt~ncos are required. If the remittance
is. by check o'r money order°, thc same sn~l.t, be payable to the City· of
B~ke'~'sfield.
S O' ZON 4-.
· - . .... ~_hat. Section 5 of 0fdic',s-ucc }.~o. 1200, New Series of the City of
· - Bakersfield be .and tl~e storm is hereby amended to reed as follows:
· S-cction ~. INTEHE.%t.' ~',ND PENALTIES. If any person shall fail
.__o_r ref_use 'bo remit to the' Tax Col].~ctor the tax required to be collected
.-$nd paid under this ordinance in the amount specified in this ordinance,.
On or be£ore the last day of mon~ in which said..rsmittance becomes
due, there shall be ·added to such tax by the Tax Collector a penalty
of. 10% of the a'msunt of the tax, and if the tax shall remain delinquent
· and-UnPaid thereafter for a period of thirty days there shall be
added thereta_....by .the Tax Collector an additional penalty of 10%.; ....
· SECTION 5.
This ordinance is hereby declared, to be an ·emergency measure
within the meani~g of Section 24 of the Charter of the City of Bakers-
field, ·State of California, and necessary to prov_tde for the daily
operation of a municipal department, and shall take effect immediately
upon its passage.
..... 000 .....
I' it~P~BY CERTIFY that the fcregoiz~g Emergency Ordinance was
passed and adopt·ed by the Council of the City of Bakersfield at a
recessed meeting thereof held ou the 1st day of April, 1960, by. the
follm, Fing vote:
~ity' C~erk and Ex-Officio Clerk of th~
Council of the City of Bakersfield.
"-APPROVED thiS~ist'day 'of Apr0~.l, 1960.
~L~YOR 6f the C~ty---of Be.korsfield..
Affi av ! of r nan es
STATE OF CALIFORNIA, ~
County of Kern ~ ss.
MARIAN S. IRVIN, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that
on ...... ..t..h...e__...!...s.'.t_.._._d__aY._...o...f.....A.p..r...~...1. ................................ , 19..._6...0. she posted on the Bulletin Board at
the City Hall, a fall, true and correct copy of an ordinance passed by the Counci'l of said City at a
meeting thereof daly held on ...... ..t..h_..e.....l.'..s..t......d..a.y.....o_..f.....A.p..r..~..1.~ ................. ,19..~..0..., which ordinance
was numbered ..........._1___2..8...6. ............... New Series, and entitled:
AN EMERGENCY ORDINANCE AMENDING SECTIONS 1,3,
4 AND 5 OF ORDINANCE NO. 1200, NEW SERIES
OF THE CITY OF BAKERSFIELD.
Subscribed and sworn to before me this
" 1st 'a - :: April, -^60
_ . ............. (1 y OI ........................... -~ ................. , lt~ .........
Notary Publle iff and for ~e County of Kern, State of California
My Commission 'Expires June ~ ~.9~