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Home My WebLink AboutORD NO 1511 O~I~A~C~. ~0. 1511 NN S~tI~.$ AN O~DINANCE PROVIDINC FO~ SE~I~ ~R ~US~ES OF ~S ~D ~ER ~ ~NSI~T LO~I~ O~I~CES ~ DEFIN~ ~E ~~ OF ~E OF ~ ~SIENT LO~ING ~. BE ~T O~I~D by ~ Co.oil of ~e City o~ as SECTI~ 1. Secti~ 6.12.07~ ~s he.by ad~d to ~he ~mieipal Co~ of ~he City of Ba~rsE~ld as ~ene~r ~ ~ i~ ~cessary ~o ins~ c~l~nce ~Ch ~h~s c~p~er, my req~re any pers~ subject ~reCo, ~o p~ce ~h him s~h seedily as ~e A~ttor-C~roller my ~e~ne. ~e a~ 'of ~he sec~l~y s~ll ~ fl~d by ~he A~i~or-C~roller e~ep~ as no~ed ~1~, s~ll not be ~ea~r ~n ~ce ~ es~ed a~rase l~bill~ of pers~s fili~ ~ms for lesser. ~ l~~i~s ~in pro~d apply re~rdless of ~he o~ ~ sec~l~ my ~ ~c~ased or ~creased ~ ~he A~or- C~ro~ler my sell ~ sec~i~y a~ ~blic a~i~ if it becmes ~cessary Zo ~ so ~n or~r ~o reco~r any ~ax or a~2 ~q~red ~o be collected, in~s~, or ~lty d~. No,ice of ~he sale my be se~d u~ ~e ~rs~ ~o placed ~e seedily ~rs~lly or by ~1; if by mil ser~ce sb~ll ~ add~ssed ~ ~e ~rs~ a~ his ad.ess as l~ ap~ars in ~he records o~ ~he Sec~[ty In ~e 'Yom o~ a bearer b~d iss~d by ~he Unt~ed S~es or ~ S~e o~ Cali~o~ ~ich ~s a prevailin~ mr~ price h~r, ~ sold ~ C~ A~i~or-C~roller a~ priva~ sa~ a~ a price not lower chart ~he prevailing market price ~hereof. Upon any sale any surplus above the amounts due shall be returned to ~he person who placed ~he security. In lieu of the foregoing security requirements any person subject to the provisions contained b~rein may request the establishment by the Auditor-Controller of the city, a public f~nds account, with any hank of the personts choice ~rithtn the Bakersfield area. At the tines that such person deposits general hotel receipts, but no later than veekly, he shall deposit in said public funds account, hotel tax receipts collected pursuant to this chapter. Upon receipt of tax return £or~s provided by the City, the Auditor-Controller viii transfer into the general funds of the City, the amounts as indicated on the tax return for~as. SECTION 2. Section 6.12.085 is hereby added ~o the Hunicipal Code o£ the City of Bakersfield as follows: 6.12.085 S_uecessor .o_r assignee of business; withho!di~..g ~L!x fr~o~ purchase money; certificate of no ...tax due_. If any pe~_-scu liable for any anmunt under this chapter sells out his business or quits the business, his successors or assigns shall vithhold sufficient of the purchase price to cover such amount until the for~er o~ner produces a receipt from the Auditor-Controller showin~ that all taxes due from the person quitting, selling or assigning his business have been paid or a certificate stating that no amount is due. SECTION 3. ....... .S.ection 6.12.086 is hereby, added, to the }lunicipal Co~ .... of the City of Bakersfield as follovs: 6.12.086 S .uccesso. r .o.r assi~e_o.£ business~..lia~iltty £or tax, I£ the purchaser of a business fails to withhold purchese price as req~Lred in Section 6.12.085 of this code, he shall be personally liable for the payment of the amount requested to be w~thheld by him to the extent of the purchase price, valued in money. ~lithin 60 days after receiv~ng a written request from the purchaser for a certificate, or within 60 days from the date the former o~ner's records were made available for audit, whichever period expires the later, but in any event not later than 90 days after receiv~ng the request, the Auditor Controller shall either issue the certificate or mail notice to the purchaser at his address as it appears in the records of the Auditor-Controller of the amount that mst be paid as a condition of issuing the certificate. SECTION 4. Section 6.12.100 of the lqunicipal Code of the City of Bakersfield s~mll be amended to read as follows: PENAL~ FOl~ VIOLATION. Any person violating any of the prov~siona of this chapter or knowingly or ~utentionally mis- relrresentins to any o£ficer or employee of this city any material fact in reporting the taxes heretm provided for shall be deemed guilty of a m~sdemaanor and upon conviction thereof, be fined not less than twenty-five dollars ($25) ~r more than five h~ndred dollars ($500) and each violation or failure shall constitute a separate offenses Such conv~ction shall not relieve any such person from the payment, collection or remittance of said tax as provided in this chapter. SECTION 5. EFFECTIVE DATE. This ordinance shall become effective th.~r~.y days from and after the dat,.of ~-ts passage. .... ......... o0o ......... X HEREBY CERTIFY that ~he foregoing Ordinance was ~ssed and adopted by ~he Council o~ ~ City o~ ~rsEield a~ ~~r ~et~ ~of held ~ ~ 27th ~y o~ _ January 1964, ~ ~ foll~ vo~: .Ayes: Counci~en Balfanz, ~olin~ Marchbanks, Mossman, Rucker · Stiern, Whittemore N~s: None Absent: None Abstaining: None C~TY CLERK' and '~x-of~Ic~o Cl~rk of the Council of ~he City of Bakersfield. Af~av~! of ~os~ng ~r~an~es STATE OF CALIFORNIA, County of Kern MARIAN S. IRV. IN, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and thai on ........ ..t..h_e.....2...8..t_h.....d...a...y.....o..~.._...J..a...n..u_a...~.y.. ...................... ,19_.6..4.. she posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on....t...h...e.....2..7...t...h.....d...a.~_..o.~_....J....a~..~.~ ............ ,19...f~.~L, which ordinance was numbered ............. .1...5..1...1.. ............ New Series, 'and entitled: AN ORDINANCE PROVIDING FOR SECURITY REQUIREMENTS FOR TRUSTEES OF FUNDS HELD UlqDER THE TRANSIENT LODGING ORDINANCES AND DEFINING THE NATIJRE OF THE OFFENSE OF FAILING TO CCMPLY WITH THE REQUIREMENTS OF T~r~ TRANSIENT LODGING TAX. Subscribed and sworn to before me this ..2..8..~.h._day of. ........... ,IOJlll~., ..........., 19..~.~.. ..... ............ · /.. otar~ Publla in and for the County of Kern. State o~ CaJffm.nla ?,.;.... ..... ,,...~.~ ~ ~ :. ' 2 .-"~'ALTE~ '-. B?," ':, Notary · '...- : o.. ~